Terms of Service

These Terms of Service ("Terms") govern your access to and use of DishPatch, Inc.'s AI phone ordering platform and related services. By subscribing to or using the Service, you agree to be bound by these Terms.

1. Eligibility & Account Registration

You must be a legal business entity or sole proprietor operating a food service establishment. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

2. Description of Service

DishPatch provides an AI-powered voice agent that answers inbound phone calls for your restaurant, takes customer orders, provides menu and allergen information, and transmits order data to your designated kitchen system. The Service is provided on a subscription basis.

3. Subscription & Payment

Subscriptions are billed monthly in advance. A valid credit card is required. All fees are non-refundable except as expressly provided herein. You authorize DishPatch to charge your payment method on file at each billing cycle. Either party may cancel with 30 days' written notice. Prices may be adjusted with 30 days' notice.

4. Order Payment through Stripe & SMS Consent

DishPatch offers an optional feature called Order Payment through Stripe, which enables restaurants to collect payment from customers at the time an order is placed over the phone.

How it works: When a customer calls to place an order and the restaurant has this feature enabled, DishPatch's AI host verbally asks the customer for express consent to send a Stripe payment link to their mobile phone number via SMS. The customer must affirmatively and verbally agree to receive the SMS before any message is sent. If the customer does not consent, no SMS will be sent and the customer may pay through an alternative method offered by the restaurant. The customer must complete payment through the Stripe link before their order is confirmed and dispatched to the kitchen. Orders for which payment is not completed within the designated time window may be automatically cancelled.

Express Written Consent & TCPA Compliance: By verbally agreeing during the AI-assisted phone call to receive an SMS payment link, the customer provides express consent as defined under the Telephone Consumer Protection Act (TCPA) and applicable state laws. The AI agent's verbal consent request constitutes the point of opt-in. The call in which consent is collected is recorded and retained as proof of consent. Customers may also review the full SMS program terms at dishpatch.io/sms-consent.html. By proceeding with the call and verbally agreeing to receive an SMS, the customer acknowledges they have had the opportunity to review these terms.

Nature of Messages: SMS messages sent through this program are strictly transactional. They contain a one-time Stripe payment link specific to the customer's order. No marketing, promotional, or unsolicited content is included in any message.

Message & Data Rates: Standard message and data rates may apply depending on your mobile carrier and plan. DishPatch is not responsible for any charges imposed by your carrier in connection with receiving SMS messages.

Message Frequency: Customers may receive up to 4 SMS messages per order: (1) an initial Stripe payment link upon consent, (2) a payment reminder if the link is not completed within 5 minutes, (3) an order ready notification when the kitchen marks the order as prepared, and (4) a pickup reminder if the order has not been collected within 15 minutes of being ready. Not all messages will be sent for every order. Message frequency may vary.

Opt-Out Instructions: Customers who no longer wish to receive SMS payment links may opt out at any time by replying STOP to any message received from DishPatch. Upon receipt of a STOP reply, no further SMS messages will be sent to that number. To re-enable SMS messages, customers may reply START.

Help & Support: Customers who need assistance with the SMS payment program may reply HELP to any message for instructions, or contact us directly at [email protected].

Consent Records: DishPatch retains audio recordings of phone calls in which SMS consent is collected. These records are retained for a minimum of 4 years in compliance with TCPA recordkeeping requirements and are available upon request by regulators or in the event of a dispute.

Restaurant Responsibility: Restaurants enabling this feature are responsible for ensuring their DishPatch AI agent is configured to request and record verbal consent prior to sending any SMS. Restaurants must ensure their use of this feature complies with all applicable laws including the TCPA and any state-level equivalents.

Payment Processing: All payments are processed by Stripe, Inc. DishPatch does not store cardholder data. By using this feature, customers and restaurants also agree to Stripe's Terms of Service and Privacy Policy, available at stripe.com.

5. Acceptable Use

You agree not to: (a) use the Service for any purpose other than legitimate restaurant order-taking; (b) attempt to reverse-engineer or extract our AI models; (c) record conversations without required consent disclosures in your jurisdiction; (d) resell or sublicense access without written permission.

6. Your Responsibilities

• Maintaining accurate and current menu information in your dashboard
• Ensuring allergen information is correct — DishPatch surfaces what you provide
• Complying with call recording disclosure laws in your jurisdiction
• Maintaining a compatible kitchen display or ticketing system

7. Accuracy Disclaimer

While DishPatch achieves industry-leading order accuracy, we do not guarantee every order will be captured without error. DishPatch is not liable for losses arising from order inaccuracies.

8. Uptime & Service Levels

DishPatch targets 99.9% monthly uptime. In the event of downtime exceeding this threshold, Pro subscribers receive service credits as their sole remedy. Enterprise customers receive terms per their separate SLA agreement.

9. Intellectual Property

DishPatch retains all rights to the platform, AI models, and underlying technology. You retain ownership of your menu data and business information. You grant DishPatch a limited license to use your data to provide and improve the Service.

10. Limitation of Liability

To the maximum extent permitted by law, DishPatch's total liability shall not exceed the fees paid by you in the three months preceding the claim. DishPatch shall not be liable for indirect, incidental, or consequential damages.

11. Termination

Either party may terminate the subscription with 30 days' written notice. Upon termination, your access ceases at the end of the current billing period. We will provide an export of your menu data upon request within 30 days.

12. Governing Law

These Terms are governed by the laws of the State of California. Disputes shall be resolved through binding arbitration in Los Angeles, CA.

13. Contact

[email protected]