Terms of Service

These Terms of Service ("Terms") are an agreement between Cherry Voice Business Solutions ("Cherry", "we", "us") and the restaurant or business that signs up for Cherry ("you"). They also apply to anyone using cherryvoice.io or our demo phone line. By signing an order form, starting a pilot, or using the service, you agree to these Terms and our Privacy Policy. If you sign for a business, you confirm you can bind it.

1. The service

Cherry is a front-desk service for restaurants. It includes an automated phone assistant ("Lily") that answers calls and takes pickup orders from your menu; optional QR ordering; a counter screen where paid orders appear; and a portal where you manage your menu availability, hours and directions. The details of what you receive (locations, plan, features) are on your order form.

You receive a limited, non-exclusive, non-transferable right to use the service for your own restaurant locations named on the order form during the term. You may not copy it, reverse engineer it, resell it, give others access, or use it to build a competing product.

Cherry works alongside your existing systems. A point-of-sale integration is not required to start, and we do not promise integration with any particular point-of-sale system unless your order form says so.

2. Discovery call and the 7-day free pilot

A 7-day free pilot is available to restaurants only after an initial discovery call with us, and only if we agree to offer one. It is not offered through the website. The pilot's terms are: the pilot covers the service described in section 1 for one restaurant location; we help you set up call forwarding with your carrier; no card or other payment method is taken to start; and the pilot ends automatically on day 8 unless you sign an order form for a paid plan. Nothing is charged for the pilot itself unless the order form says otherwise.

3. Fees and payment

• Flat price. Cherry is charged as a flat monthly fee per location, as shown on your order form. There are no per-minute fees, no per-order commissions and no overage charges.
• Plans and call volume. Each plan is sized for an expected number of calls per day. If a location regularly exceeds its plan, we will talk to you about moving to a larger plan before changing anything. We will not charge extra without your agreement, and we will not cut calls off.
• Setup. Any one-time setup fee is shown on your order form. We will not add a fee that is not on it.
• Taxes. Fees do not include taxes, which you pay where they apply.
• Payment and late payment. Fees are due in advance each month and are charged to the card on file through our payment provider. If a payment fails we will tell you, and we may suspend the service if the payment is still unpaid 5 days after the first failed attempt. We do not charge late fees.
• Changes to price. We will give you at least 30 days' written notice before a price change takes effect, and it will not apply to a period you have already paid for.
• Refunds. Monthly fees are not refunded for a billing period that has started. If we end the service without cause, we will refund the unused part of the current period.

Money your customers pay for their orders goes through the payment provider connected to your account. We do not hold your sales.

4. Term and cancellation

The term and renewal are on your order form. Monthly plans renew each month until cancelled. You can cancel at any time by emailing support@cherryvoice.io; cancellation takes effect at the end of the current monthly billing period, and you will not be charged again. We can end or suspend the service if you materially breach these Terms and do not fix it within 15 days of our notice, if you use it unlawfully or in a way that harms others or our systems, or if you do not pay. After the service ends, you can ask us for your order history, and we will delete or de-identify your data as set out in the Privacy Policy.

5. Your responsibilities

You are responsible for:

• Your menu and information. Providing and keeping accurate menus, prices, taxes, hours, directions and the phone number of your counter line. Cherry calculates totals from the menu you give it; if the menu is wrong, the totals will be wrong.
• Allergens and dietary information. Cherry reads back only what you have written about a dish. It does not decide whether a dish is safe, and it may not list every ingredient. You must make sure any allergen or dietary information you provide is accurate, and that your kitchen handles allergy notes on tickets properly. Cherry is not a substitute for your food-safety procedures.
• Fulfilling orders. Preparing and handing over the orders that appear on your counter screen, and watching the screen. If your counter screen, internet or tablet is off, orders may not be seen.
• Law. Complying with the laws that apply to your business and your callers, including any notice or consent required for automated assistants, call transcription and recording in the places your callers are, and for text messages.
• Your account. Keeping your portal links and keys private, and telling us promptly if you think they have been used without permission.
• Phone forwarding. Setting up call forwarding from your number with your carrier, and keeping a working backup so callers can always reach you.

6. How the AI works, and what we do not promise

Lily is an automated assistant. It can mishear, misunderstand, or fail to recognise a dish, especially on a noisy line or with unusual names. Cherry reads each order back to the caller and takes payment before the order reaches your kitchen, which is designed to catch mistakes, but we do not promise that every call will be answered, every order will be right, or that the service will be uninterrupted or error-free. It depends on telephone carriers, speech and AI providers, payment providers and the internet, which we do not control. If a call cannot be handled, Cherry will try to transfer the caller to your counter line.

We do not give legal, medical, food-safety or financial advice.

7. Acceptable use

You may not use Cherry to break the law, to deceive or harass callers, to send unsolicited messages, to interfere with or overload the service, to try to access another customer's data, or to upload anything that infringes others' rights. Texts sent by Cherry are limited to order checkout and order messages; you may not use it to send marketing texts.

8. Your data and ours

You keep ownership of your menu, your orders and your customers' information. You give us permission to host and process it to provide the service. We handle the personal information of your customers on your behalf as your service provider, only as needed to run Cherry for you, as set out in our Privacy Policy. We will sign a data processing addendum on request.

We may use information that cannot identify you, your customers or any person (for example counts and trends) to run, secure and improve Cherry. We own Cherry, its software, designs and know-how. If you send us feedback, we may use it without owing you anything.

9. Confidentiality

Each of us will keep the other's non-public business information confidential and use it only for this agreement, except where the law requires disclosure. This does not cover information that is public, already known, independently developed, or lawfully received from someone else.

10. Third-party services

Cherry relies on providers for telephony, texting, speech and AI, payments and hosting. Their terms apply to the parts they provide (for example you will use Stripe's terms for card payments). We are not responsible for an outage or change at a provider, though we will work to restore service and use backups where we have them.

11. Disclaimers

Except as stated in these Terms, Cherry is provided "as is" and "as available", and we disclaim all other warranties, including merchantability, fitness for a particular purpose and non-infringement, to the fullest extent the law allows.

12. Limits on liability

To the fullest extent the law allows, neither of us is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits or revenue, even if told they were possible. Cherry's total liability for all claims arising from the service is limited to the fees you paid us in the 12 months before the claim arose. These limits do not apply to liability that cannot be limited by law, or to your obligation to pay fees, or to either party's indemnity obligations below.

13. Indemnity

You will defend and cover us against third-party claims arising from your use of the service in breach of these Terms or the law, your menu content and food-safety practices, or your failure to give legally required notices or obtain consents. We will defend and cover you against third-party claims that Cherry's software infringes that third party's intellectual property rights, provided you tell us promptly and let us control the defence.

14. Demo line and website

The demo line and demonstration orders are for evaluation only. Do not give real payment card numbers, health information or other sensitive information to the demo line. Demonstration orders are not fulfilled. The website is provided "as is".

15. Governing law and disputes

These Terms are governed by the laws of the State of Michigan, without regard to conflict-of-laws rules. Before either of us starts a formal dispute, we will try in good faith to resolve it by talking, starting with a written notice to the other. If a dispute cannot be resolved that way, it will be brought in the state or federal courts located in Macomb County, Michigan, and each of us consents to those courts. Neither of us waives the right to bring a claim as a class member where the law does not allow that right to be waived.

16. Changes to these Terms

We may update these Terms. We will give you 30 days' notice by email before a material change applies to you. If you do not accept it, you can cancel before it takes effect, and the change will not apply to the period you have already paid for.

17. General

These Terms, your order form and the Privacy Policy are the whole agreement and replace earlier discussions. If a part is unenforceable the rest stays in force. A delay in enforcing a right is not a waiver. Neither of us is responsible for a failure caused by events outside our reasonable control, other than payment. You may not transfer your rights without our consent; we may transfer ours as part of a merger or sale of the business. We are independent contractors, not partners or employees. Notices to us go to support@cherryvoice.io and 49450 Conservation Trl, Shelby Twp, Michigan; notices to you go to the email on your order form.