Zogu Terms of Service for US restaurants

01About these terms

1.1 Who these terms are for. These terms apply to the business that signs up for Zogu's phone ordering service (the "Service") for one or more restaurant locations in the United States. "You" means that business. The Service is for businesses only, not for personal use. If you accept these terms on behalf of a company, you confirm that you're authorized to bind it.

1.2 What the agreement is made of. Your agreement with us is your Order Form (the sign-up form or written order that lists your locations, start date and fees), these terms and our Acceptable Use Policy. If they conflict, the Order Form comes first, then these terms, then the Acceptable Use Policy.

1.3 Restaurants in the UK. Locations in the UK are covered by our UK Terms of Service, not by these terms. If your business has locations in both countries, each location follows the terms for its own country.

1.4 Who we are. The Service is provided by [Company name], a [State of incorporation] [type of entity] at [Registered address]. You can contact us at [Contact email].

1.5 Changes to these terms. We may change these terms by emailing you at least 30 days before the change takes effect. If you don't accept a change, you can end the agreement by telling us before that date, and the earlier terms apply until it ends. A change that the law requires can take effect sooner. We change the "last updated" date only when the text of these terms changes.

02What the Service does and doesn't do

2.1 Your agent number. We give each of your locations its own phone number for the phone agent (its "agent number"). A call to an agent number reaches the phone agent for that location only, with that location's menu, store hours and greeting. If the Service is switched off for a location, callers to its agent number hear "Sorry, phone ordering isn't available right now. Please call back later. Goodbye." and the call ends. The Service never guesses which restaurant a caller meant.

2.2 Telling callers it's automated. Every call opens with the phone agent saying it's the automated ordering assistant. If you give us your own greeting and it doesn't say the agent is automated or an AI, the phone agent adds a sentence to the end of it saying it's the automated ordering assistant. If a caller asks to speak to a person, the phone agent says it's the automated ordering assistant and can't connect them, then carries on with the order.

2.3 Taking the order. The phone agent takes pickup and delivery orders from the menu in your POS, at the prices, options and availability set there and in any Zogu hours or availability settings you ask us to make. It asks for required choices, such as size or crust, one at a time. Prices and totals are worked out by Zogu's own software from your menu, not by the AI model. When the phone agent gives a caller an order total, it says the total is before tax (for example, "six dollars before tax").

2.4 Confirming the order. When the caller is done, the phone agent reads the whole order back once and asks whether to place it. Nothing is sent to your POS until the caller clearly says yes, or corrects only their name at that point, in which case the phone agent fixes the name and places the order without reading it all out again.

2.5 Payment. The phone agent never asks for or takes card details over the phone. Card payment by a texted secure link is built but switched off, and no call has used it. While it's off, orders reach your POS marked unpaid, to be paid at pickup or on delivery. [Pay by link is built but switched off: after the yes, the agent can offer to text the caller a secure card-payment link (Stripe Checkout, sent by Twilio SMS), and texts a refund notice if the kitchen rejects a paid order. Decide whether it's part of the launch. If it is, rewrite this clause, add Stripe and Twilio SMS to the sub-processors and privacy policies, and have counsel review the consent wording for texts (TCPA and A2P 10DLC in the US, PECR in the UK). If it isn't, make it impossible to switch on for live stores.]

2.6 After the order. Once our POS integration platform has the order, the phone agent thanks the caller, gives the total and, if you've set a usual prep time, says roughly when the order will be ready. Then it says goodbye and hangs up. It does not wait for your kitchen to accept the order, and it does not tell the caller whether you accepted or rejected it.

2.7 Answering questions. The phone agent answers questions about your store hours, address, payment, delivery areas, allergens and what's in a dish from your POS data and the answers you've given us. When it doesn't have an answer, it says so instead of guessing. When it answers an allergen question from your menu data, it tells callers with a serious allergy to check with you before ordering. It is built not to tell callers that a dish is allergen-free or safe for an allergy: if the AI model writes a sentence like that, the Service replaces it, before it's spoken, with a reminder to check with you. That check looks for known wordings and can miss an unusual one.

2.8 What the Service does not do. The Service does not:

• transfer calls, give out a staff number or promise that someone will call back;
• take complaints (the phone agent asks callers to contact you directly);
• make outbound calls;
• take orders for later, dine-in orders or table reservations;
• speak any language other than English;
• record call audio;
• mention or apply your POS promotions, unless a deal is set up as a menu item;
• take more than 20 of one item in an order;
• work with any POS not connected through our POS integration platform.

2.9 When things go wrong. The phone agent uses speech recognition and an AI model, so it can mishear or misunderstand a caller. The read-back gives the caller a chance to correct the order, but an order can still be wrong. If our POS integration platform doesn't accept an order, the caller hears an apology and is asked to call back. If it is slow to respond, an order can reach you even though the caller was told it couldn't be sent. If our POS integration platform, the phone network or one of our providers is down, calls to your agent number may not be answered. Section 7 sets out who is responsible for what.

2.10 Changes to the Service. We update the Service often. We won't make a change that materially reduces what it does for your locations without telling you at least 30 days before.

2.11 Pilots. If your Order Form says you're on a pilot, the pilot lasts for the period it states, the Service may change more often during it, and these terms still apply. If you pay no fees for a pilot, our total liability for it is limited to $[Pilot liability cap].

03Your responsibilities as the restaurant

3.1 Your menu and store information. The phone agent passes on your POS data, and the information you give us, to callers as fact. You're responsible for keeping it accurate and up to date, including:

• item names, descriptions, sizes, options and prices;
• what's available and when, including anything that's sold out or 86'd for the night;
• store hours, holiday hours and order pauses (if you pause orders in your POS, the phone agent treats the location as closed until the time you set);
• your usual prep time, which the phone agent uses to tell callers when an order will be ready;
• delivery areas, delivery fees and minimum orders;
• allergen and ingredient information.

3.2 Sales tax. Zogu does not calculate, add or collect sales tax, and it doesn't send tax rates to your POS with an order. Charging the right sales tax is your responsibility. The phone agent tells callers that order totals are before tax, so if the prices in your POS menu already include tax, tell us before your agent number goes live.

3.3 Allergens and food safety. You're responsible for your food, its safety, and the allergen and ingredient information the phone agent passes on. The phone agent only gives allergen information that's in your POS menu data or that you've given us. Make sure your staff can answer allergy questions, because the phone agent sends callers with allergies to you.

3.4 AI disclosure. Do not remove, hide or contradict the phone agent's statement that it's automated. Do not give the phone agent a person's name or present it as a member of staff, in your greeting, your advertising or anywhere else, and do not ask us to make it claim to be human. If a law where you operate requires more disclosure than the opening line in section 2.2, tell us and we'll add the wording to your greeting. Our page on how Zogu tells callers it's automated and what it keeps shows what callers hear.

3.5 State consent rules for calls. The Service listens to each call, turns what the caller says into text and keeps that text as a transcript (see section 4). It does not record audio. Some states, such as California, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington, require the consent of everyone on a call before it's recorded or listened in on. In Ambriz v. Google (N.D. Cal. 2025), a federal court let a claim under California's wiretapping law go ahead against a company whose AI software listened to and transcribed other businesses' customer service calls. A caller can be in a different state from your restaurant, especially on a cell phone, and a court may apply the law of the caller's state. You are responsible for:

• deciding, with your own legal advice, what notice and consent your calls need;
• telling us in writing, before your agent number goes live, any words you need at the start of your calls (for example, that calls are answered by an automated system and transcribed), so we can add them to your greeting;
• covering phone orders, and our role as your service provider, in your own privacy notice where the law requires one.

The standard greeting says the phone agent is automated. It does not say that calls are transcribed. We'll send you the exact opening words for any of your locations when you ask.

3.6 Your agent number and forwarding. The agent number is provided through our telephony provider and doesn't become yours. You can publish it, and you can forward another line to it. If you forward a line, the forwarding setup and any charges from your own phone company are yours. Don't forward a line that customers, staff or suppliers use to reach a person, because the phone agent can't put anyone through. When the agreement ends, the number stops reaching you, and we may release it to our telephony provider, which can reassign it to someone else. If you want to keep the number, ask us before the end date and we'll tell you whether it can be transferred to you.

3.7 Another way to reach you. Keep at least one other way for customers to reach a person at your restaurant, such as a staffed phone line, an email address or the counter, and make it easy to find. The phone agent can't connect callers to anyone, and it tells callers with complaints, and callers with allergies, to contact you directly.

3.8 Orders and your customers. The sale of the food is between you and your customer, and we're not a party to it. You're responsible for making orders and handing them over or delivering them; for collecting payment; for refunds, remakes, no-shows and unpaid orders; and for telling a customer if you reject, cancel or can't fulfill an order, because the phone agent has already ended the call. If your menu includes alcohol, tobacco or other age-restricted items, you're responsible for any license you need and for checking ID at pickup or delivery. The phone agent doesn't check anyone's age.

3.9 Information you give us. The phone agent uses the answers to common questions, the words your customers use for dishes and the pronunciations you give us exactly as given. Check them before they go live, and tell us when they change.

3.10 Laws and acceptable use. You're responsible for following the laws that apply to your restaurant, including food safety, allergen labeling, sales tax, consumer protection and privacy laws, and for following our Acceptable Use Policy. Don't use the Service to mislead callers, and don't try to copy, probe, overload or reverse engineer it.

3.11 Your POS and sign-ins. You need an active account with your POS, connected to Zogu through our POS integration platform, for each location. Your POS and that platform are separate services with their own terms, and we're not responsible for them. If we give you or your staff sign-in access to Zogu tools, keep it secure, and tell us right away if you think someone else has used it.

04Call data and how we handle it

4.1 Who decides. For personal information about your callers, you are the "business" (or "controller") that decides why it's collected, and we are your "service provider" (or "processor") that handles it for you. These terms call that information "Call Data." For information about you and your staff as our customer, such as names, emails and billing details, we're the business, and our US privacy policy applies.

4.2 What the Service keeps for each call.

• the number the call came from (unless caller ID is blocked) and when the call started and ended;
• a text transcript of what the caller and the phone agent said, with how long each reply took;
• the caller's name, delivery address and zip code, and any other contact number they give;
• the order as sent to your POS, and the status reported back for it;
• how the call ended (order placed, no order, hung up early, or ended with an apology);
• words the phone agent couldn't match to your menu and questions it couldn't answer, kept so we can add menu words and answers for your location.

4.3 What it doesn't keep. The Service does not record or store call audio. Audio passes through our telephony provider and our speech recognition only while the call is live. The Service doesn't create voiceprints or identify callers by their voice. We do keep audio of some of the phone agent's own lines, such as your greeting, so they play without a pause. For a returning caller, that greeting includes their first name.

4.4 Returning callers. The Service uses a caller's number to find their earlier Zogu phone orders at the same location, so the phone agent can greet them by first name and repeat their last order if they ask for it. It doesn't use orders placed through your app, website or counter, or orders at your other locations, and it doesn't look up blocked numbers.

4.5 How long we keep it. [Nothing deletes call records automatically yet: no retention job covers the database, the call's Durable Object storage, greeting clips that contain names, or Twilio's call logs. Until one is built, deletion is done by hand on request, and these periods are still being set. Tell the lawyer this before filling them in.] We keep Call Data for [Retention period] after each call and then delete it, unless you ask us to delete it sooner or the law requires us to keep it longer. Deleted records can stay in our hosting provider's backups for up to [30] days. Our hosting provider also keeps system logs for up to [Log retention period]. They hold technical details such as call IDs, timings and sometimes the calling number.

4.6 Requests from callers. If a caller asks you to see, correct or delete their information, tell us, and within [10] business days we'll send you what we hold for that phone number, correct it or delete it by hand, as you instruct. If a caller contacts us directly, we'll tell them we handle their information for you, ask them to contact you, and let you know. You can also ask us for the transcript of any call.

4.7 Security. We protect Call Data with reasonable security measures suited to the information, including encryption in transit and at rest, and access limited to our staff who need it, through a staff console that requires single sign-on. If we confirm a security breach that affects your Call Data, we'll tell you without undue delay and within 72 hours, and give you the information you reasonably need to meet any notice duties you have.

4.8 Where it's processed. Call Data is processed and stored on our providers' networks, which may be outside your state or outside the United States. Call records are stored in [Data storage region].

4.9 Sub-processors. We use these providers to run the Service:

• Twilio Inc. provides the agent numbers and connects calls. Call audio passes through Twilio during the call, and Twilio keeps call logs, such as phone numbers and call times, under its own terms.
• Cloudflare, Inc. hosts the Service and its database, and runs the speech recognition, voice and language models we use through Cloudflare Workers AI. The models in use are currently Deepgram Flux, Deepgram Aura-2 and GLM-4.7-Flash.

Each one is bound by a written contract that includes the restrictions on service providers that the CCPA (section 5) requires. We'll tell you at least 30 days before we add or replace a sub-processor. If you object on reasonable data protection grounds and we can't resolve it, you can end the agreement for the affected locations, and we'll refund fees you've paid for the time after it ends. Your POS and the POS integration platform it connects through are not our sub-processors. You choose them and contract with them directly, and we send orders and receive your menus through them on your instructions.

4.10 Publishing call excerpts. We won't publish any part of a call, for example on our website, without your written permission, and we'll remove callers' names, numbers and addresses first.

05Service provider terms for the CCPA and other state privacy laws

5.1 When this section applies. This section applies whenever the California Consumer Privacy Act, as amended by the California Privacy Rights Act, and its regulations (together, the "CCPA"), or another US state privacy law, applies to Call Data. We follow it for every US restaurant, whether or not those laws apply to you. Words such as "sell," "share," "business purpose" and "consumer" have the meanings the CCPA gives them.

5.2 Business purposes. You disclose Call Data to us only for the following limited and specified business purposes, and we process it only for them:

• answering calls to your agent numbers and talking with callers for you;
• taking orders and sending them to your POS;
• answering callers' questions from your menu and store information;
• recognizing returning callers at the same location from their earlier Zogu phone orders;
• keeping records of your calls and orders, and giving them to you;
• keeping the Service secure, finding and fixing faults, and preventing fraud and misuse;
• building and improving the quality of the Service, as section 5.4 allows;
• complying with the law.

5.3 What we will not do. We will not:

• sell or share Call Data;
• retain, use or disclose Call Data for any purpose other than the business purposes in section 5.2, including any other commercial purpose, unless the CCPA allows it;
• retain, use or disclose Call Data outside our direct business relationship with you;
• combine Call Data with personal information we receive from or on behalf of anyone else, or collect from our own dealings with the caller, except as the CCPA allows;
• use Call Data for advertising, to build profiles of callers or to train AI models.

5.4 Improving the Service. We may use Call Data to build and improve the quality of the Service, for example to fix how the phone agent understands a dish name, or to turn a transcript into a test case for our software after removing names, phone numbers and addresses. We won't use Call Data to build profiles of callers or to perform services for another business.

5.5 Same protection. We'll comply with the CCPA as it applies to us as your service provider, and give Call Data the same level of privacy protection that the CCPA requires of you. We certify that we understand the restrictions in this section and will comply with them.

5.6 Your right to check. You may take reasonable and appropriate steps to make sure we use Call Data in a way that's consistent with your obligations under the CCPA. These can include asking us to answer a written questionnaire or to share the results of an independent assessment, up to once every 12 months, or more often after a security breach or when a regulator asks.

5.7 If we can't comply. We'll tell you within five business days if we decide we can no longer meet our obligations under the CCPA. After notice to us, you may take reasonable and appropriate steps to stop and remediate any unauthorized use of Call Data, including suspending the Service and telling us to delete Call Data.

5.8 Consumer requests. You'll tell us about any consumer request under the CCPA that we need to act on, and give us the information we need to act on it. We'll act on it within 10 business days, as section 4.6 describes.

5.9 De-identified information. If we de-identify Call Data, we'll take reasonable measures to make sure it can't be linked to a person or household, publicly commit to keep and use it only in de-identified form and not to try to re-identify it, and require anyone who receives it from us to do the same.

5.10 Sub-processors. We'll only let a sub-processor handle Call Data after telling you, as section 4.9 describes, and under a written contract that binds it to the same restrictions as this section.

5.11 Other state privacy laws. Where a state privacy law, such as those of Colorado, Connecticut, Oregon, Texas or Virginia, treats you as a controller and us as a processor, we will also:

• process Call Data only on your documented instructions, which are these terms, your Order Form and the settings you ask us to make;
• make sure everyone who handles Call Data has a duty to keep it confidential;
• delete or return Call Data when the Service ends, unless the law requires us to keep it;
• give you the information you reasonably need to show that you've met your obligations, and help with any data protection assessment the law requires of you;
• allow and cooperate with reasonable assessments by you or an assessor you choose, or arrange an independent assessment ourselves and give you its report;
• give you the chance to object before a new sub-processor handles Call Data, as section 4.9 describes.

Sections 4.2 to 4.5 set out the types of personal information we process, why, and how long we keep it.

06Fees, suspension and ending the agreement

6.1 Fees. You'll pay the fees in your Order Form. Unless it says otherwise, we bill monthly in advance and invoices are due within 30 days. Your Order Form says whether fees include the agent numbers and call minutes.

6.2 Taxes. Fees don't include sales, use or similar taxes. You'll pay those where they apply, except taxes on our income.

6.3 Late payment. If an invoice is still unpaid 15 days after it's due, we may suspend the Service after giving you at least seven days' notice.

6.4 Other reasons to suspend. We may suspend the Service for a location, telling you first where we can, if your use breaks the law or the Acceptable Use Policy, if it puts callers or the Service at risk, or if our POS integration platform or one of our providers requires it. While a location is suspended, callers to its agent number hear "Sorry, phone ordering isn't available right now. Please call back later. Goodbye." We'll restore the Service once the problem is fixed.

6.5 Term. The agreement starts on the date in your Order Form. Unless your Order Form sets a fixed term, it runs month to month, and either of us can end it by giving the other 30 days' written notice.

6.6 Ending for cause. Either of us can end the agreement by written notice if the other materially breaches it and doesn't fix the breach within 30 days of being told about it, or if the other becomes insolvent or stops doing business. We can also end it, with as much notice as we can give, if our POS integration platform or your POS stops supporting Zogu or a provider we depend on stops its service. If we end it for that reason, we'll refund fees you've paid for any period after the end date.

6.7 What happens when it ends. We stop answering calls on your agent numbers (section 3.6 covers the numbers themselves). You pay fees up to the end date. We delete Call Data by hand within [30] days, unless the law requires us to keep it, and we'll send you a copy in a standard file format first if you ask before then. Sections that by their nature should continue, including those on fees owed, call data, confidentiality, liability, indemnities and disputes, continue after the agreement ends.

07Warranties, liability and indemnities

7.1 What we promise. We'll provide the Service with reasonable skill and care, as these terms describe it. We don't offer an uptime commitment or a service level agreement unless your Order Form includes one. Each of us confirms that it has the authority to enter into this agreement.

7.2 Disclaimer.

Except as section 7.1 says, the Service is provided "as is" and "as available." To the fullest extent the law allows, we disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We don't promise that every call will be answered, that every caller will be understood, that every order or answer will be correct, or that the Service will work without interruption.

7.3 Limits on liability.

To the fullest extent the law allows, neither of us is liable to the other for lost profits, lost revenue or lost business, or for indirect, special, incidental, consequential, exemplary or punitive damages, even if told they were possible. Each party's total liability arising out of or relating to this agreement is limited to the fees you paid us for the Service in the 12 months before the event that gave rise to the claim. For breaches of sections 4 and 5, the limit is [Data protection liability cap] instead.

7.4 What the limits don't cover. The limits in section 7.3 don't apply to amounts you owe us, to either party's obligations under sections 7.5 and 7.6, to fraud, gross negligence or willful misconduct, or to anything else the law doesn't allow to be limited.

7.5 Your indemnity. You'll defend us against claims by third parties, and pay any damages, fines, settlements and reasonable legal costs that result, to the extent the claim arises from:

• the food you sell, or your menu, prices, allergen or other information;
• your orders and your dealings with customers;
• your failure to give a notice or get a consent that the law requires for your calls (section 3.5), except where the claim arises because the Service didn't play the opening disclosure in section 2.2 or greeting wording we agreed in writing to use;
• your breach of the law or of the Acceptable Use Policy.

7.6 Our indemnity. We'll defend you against claims by third parties that the Service, as we provide it, infringes a US patent, copyright or trademark or misappropriates a trade secret, and pay any damages, settlements and reasonable legal costs that result. This doesn't cover claims caused by your information, by changes you make or ask for, or by using the Service with things we didn't provide. If such a claim is made or seems likely, we may change the Service so it no longer infringes, get the right for you to keep using it, or end the affected part and refund fees you've paid for the time after it ends.

7.7 How indemnity claims work. The party asking for protection must tell the other promptly, let it control the defense and any settlement, and give reasonable help at the defending party's cost. The defending party won't settle a claim in a way that admits fault for the other or puts obligations on it without its written consent.

08Governing law, disputes and general terms

8.1 Governing law. The laws of the State of [State], and applicable US federal law, govern this agreement and any dispute arising out of or relating to it, without regard to conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply. Section 8.1 chooses the law for the contract between you and us. It doesn't change which state's call-consent law applies to a call with your customer (section 3.5).

8.2 Talk first. Before starting a claim, the party with the dispute sends the other a written notice describing it and what it wants. You send it to [Contact email] and [Registered address]. We send it to the email address in your Order Form. We'll both try in good faith to resolve the dispute within 30 days of the notice.

8.3 Courts. If the dispute isn't resolved, it goes exclusively to the state or federal courts located in [County], [State], and each of us consents to their jurisdiction and venue. Either of us can instead bring an individual claim in small claims court if it qualifies. Either of us can ask any court for an injunction to protect its confidential information or intellectual property.

8.4 Jury trial. To the extent the law allows, each of us waives the right to a jury trial in any dispute arising out of or relating to this agreement.

8.5 Notices. We send notices to the email address in your Order Form. You send notices to [Contact email]. Legal process goes to [Registered address]. An email notice counts as received on the next business day after it's sent.

8.6 Confidentiality. Each of us will keep the other's non-public business information confidential, use it only for this agreement, and protect it with at least reasonable care. This doesn't apply to information that's public, that the receiving party already had or developed independently, or that it received from someone else without a duty of confidence. Either of us may disclose confidential information when the law requires it, after telling the other where the law allows.

8.7 Ownership and permissions. We own the Service, including its software, the phone agent's design and our documentation, and nothing in these terms transfers them to you. You own your menus, store information and Call Data. You give us a non-exclusive, royalty-free license to use them, and your restaurant's name in your greetings, only to provide and improve the Service as these terms allow. We won't name you as a customer or quote you without your written permission. If you send us suggestions, we can use them without owing you anything.

8.8 Events outside our control. Neither of us is responsible for a delay or failure caused by events outside its reasonable control, such as an outage of the phone network, your POS, our POS integration platform, the internet or a hosting provider, a power outage, a natural disaster or government action. This doesn't excuse paying fees that are due.

8.9 Transfer of the agreement. Neither of us may transfer this agreement without the other's written consent, except to a company that takes over all or most of its business or assets, after telling the other.

8.10 General. We're independent contractors. Nobody else, including your callers, has rights under this agreement. This agreement is the whole agreement between us about the Service and replaces earlier discussions about it. If a court finds part of it unenforceable, the rest still applies. Not enforcing a term isn't a waiver of it. Either of us can sign or accept this agreement electronically.