Terms & Conditions

1. Agreement

These terms are an agreement between Mobile Bites AI, a sole proprietorship based in California ("we", "us"), and the restaurant that uses it ("you", "Customer"). By creating an account or completing onboarding you agree to them. If you accept on behalf of a restaurant, you confirm you are authorised to bind that business. Our Privacy Policy at /privacy forms part of these terms.

2. The Service

We provide an AI assistant that answers your restaurant's calls and texts, transcribes the conversation, applies your menu and substitution rules, sends the order to your POS or to an SMS ticket number, and issues payment links. Setup includes call-forwarding from your existing business line to your assigned number.

2a. Calls, Orders and Restaurant Responsibilities

• Callers are speaking with an AI assistant, and calls may be recorded and transcribed.
• The restaurant is responsible for food preparation, delivery, prices on its menu and refunds for food. Mobile Bites AI provides the ordering technology.
• Orders are confirmed to the kitchen after payment is completed.
• Restaurants agree to tell their callers that calls may be recorded, and are responsible for the accuracy of their menu and hours.

3. Fees and Billing

• Plans: Starter $129 per month (or $1,419 per year) including 300 orders; Growth $299 per month (or $3,289 per year) including 1,000 orders; Pro $449 per month (or $4,939 per year) including 2,500 orders. Yearly billing is charged in advance. Prices exclude applicable taxes.
• Orders: your plan includes a number of AI-handled orders. We measure them by call time: every 3 minutes of calls to your Mobile Bites number that the AI answers (each call rounded up to the next full minute) counts as 1 order, whatever the call is about (orders, reservation requests, menu, allergy or other questions, wait-time calls, wrong numbers, hang-ups, spam or unwanted calls). A call that ends with the menu link being sent does not count. Orders placed on your online ordering page do not count; they are charged as described in Online Ordering and Delivery.
• Usage beyond your plan: call minutes past your plan's included orders (each call rounded up to the next full minute) are billed per minute at your plan's rate (13 cents a minute on Starter, 10 cents on Growth, 7 cents on Pro), in arrears, on your next invoice. Your service is not interrupted when you exceed your plan, and you are never moved to a different plan without your consent.
• Plan features: every plan includes AI phone orders, payment links, kitchen tickets, the online ordering page, the dashboard menu, POS connections and English and Spanish. Agent Updates, the other supported languages and booked delivery drivers are included on the Growth and Pro plans only. Reservation requests and priority support are included on the Pro plan only. Features not included in your plan are not available.
• Unused orders do not roll over.
• Plan changes: you can change plans in your dashboard at any time. The change and its features take effect immediately, and the price difference for the rest of the billing period is prorated on your next invoice (a charge for an upgrade, a credit for a downgrade). Plans are month to month with no long-term contract; cancel any time before your next billing date to avoid the next charge. Fees already billed are non-refundable except where required by law.
• Price changes: we may change plan prices or the additional-order rate with at least 30 days' notice by email; the change applies from your next billing date after the notice period.
• Fair use: plans are for one restaurant location. We may block specific caller numbers that we reasonably believe are automated, fraudulent or abusive. Any credit for such calls is at our sole discretion and is never owed.
• Agent Updates: calls you or your staff make to your AI agent to update your restaurant by phone (menu, specials, prices, hours, wait times, allergy and substitution information, open or closed status) are not free. Agent Updates calls count like any call: every 3 minutes (each call rounded up to the next full minute) use 1 order from your plan (during the trial they use free minutes). Once your plan's orders are used up, Agent Updates minutes cost only our own cost, 4 cents a minute, billed in arrears on your next invoice.
• Customer card payments: card processing fees on your customers' orders are charged by the payment processor to your account. Mobile Bites AI charges no per-order fees on phone orders; online orders are charged as described in Online Ordering and Delivery.

Online Ordering and Delivery

• Online orders placed through your Mobile Bites ordering page are charged a fee of 5% of the order subtotal (before taxes, tips and delivery fees), collected with the order payment. This fee is in addition to your monthly plan and to card processing fees charged by the payment processor. Phone orders taken by the AI host have no per-order fee.
• Menu link from a call: the AI host may offer callers a text message with a link to your Mobile Bites ordering page, for example when a caller is hard to hear or asks what you serve. Orders placed through that link are online orders and are charged the 5% fee above. A call that ends with the menu link being sent is not counted against your plan's usage. This is part of the service and cannot be turned off.
• Delivery by third-party drivers: if you choose booked delivery drivers, we request a driver from a third-party delivery company for each paid delivery order. The delivery fee is charged to your customer at checkout: the driver's fee plus a $1.09 delivery service fee kept by Mobile Bites AI. Your restaurant pays nothing per delivery. Drivers are provided by DoorDash, not by Mobile Bites AI or you; driver availability, timing and delivery are subject to DoorDash's terms, and we are not responsible for late, failed or damaged deliveries. If a driver cannot be booked, the order is sent to your kitchen marked for your own delivery or for you to contact the customer.
• Mobile Bites listing: while you have a plan, and afterwards if you keep your free online ordering page, your restaurant's name, menu and ordering page may be shown to customers on Mobile Bites pages and apps (for example a list of local restaurants), and customers may order from you there at the 5% online fee. We take orders for your restaurant only while you have a plan or have chosen to keep the free online ordering page.
• Free online ordering page after you cancel: when you cancel your plan you may choose to keep your online ordering page. There is no monthly fee; online orders are charged the 5% fee above, and paid orders keep going to your kitchen as before. You can take the page down at any time by emailing support@mobilebitesai.com; we remove it within 2 business days.
• Google Search and Maps placement is controlled by Google. Marking your Mobile Bites link as preferred is done by you in your Google Business Profile; we do not guarantee how or where Google displays ordering options, and other providers may still appear.
• Savings shown on our website are examples based on typical published delivery-app commission rates and are not a guarantee of any amount saved.

4. Free Trial

Free trial: new restaurants get a free trial, once per restaurant (we may refuse a trial for a repeat card, phone number or address). You choose a plan and provide a payment card at sign-up and are not charged during the trial. The trial starts with the first call to your Mobile Bites number or your first paid order, whichever comes first, not on the day you sign up. It ends 14 days after it starts or once you have used 90 free minutes of calls (about 30 calls), whichever comes first. If no call or paid order comes in within 60 days of sign-up, the trial ends on that day. Every call the AI answers and every Agent Updates call uses free minutes, rounded up to the next full minute per call. When the trial ends either way, your selected plan starts automatically and your card is charged that plan's price plus tax, then again every billing period until you cancel; if the trial ends early because the free minutes were used, your billing period starts that day. We email you when about 5 calls are left and when your plan starts. You can cancel online in your dashboard at any time before the trial ends and you will not be charged.

5. Cancellation and Refunds

• You may cancel at any time from your dashboard; the account stays open until the end of the paid period.
• Cancel within 14 days of your first paid invoice and we refund that first month's subscription.
• Usage already incurred is always payable.
• We may suspend a line that breaches carrier rules, these terms, or applicable law, and give you a chance to fix it where the breach is curable.

6. Your Responsibilities

• Keep your menu, prices, allergen information, availability and delivery hours accurate.
• Keep POS credentials valid, and revoke them when they should no longer work.
• Make sure your staff can receive SMS tickets or POS orders during opening hours.
• Only let us message customers who ordered from you or gave consent, and honour any STOP you receive.
• Comply with the TCPA, CTIA guidance, carrier registration requirements and your local rules for recorded or automated calls.

7. Acceptable Use

You may not use the service to:

• Take orders for alcohol, tobacco, cannabis, pharmaceuticals or anything else you are not licensed to sell, or to anyone you may not lawfully serve.
• Send bulk, promotional or unsolicited messages, or use the assistant as a messaging blast tool.
• Impersonate a person or business, or mislead customers about what is automated.
• Resell or white-label the platform without a written agreement.
• Interfere with the service, reverse-engineer it, or use it to train a competing model.
• Use the assistant to collect payment card numbers by voice or text.

8. AI Limitations

• The assistant can mishear a name, address, item or quantity. It reads orders back for confirmation, but you should still check tickets against your own records.
• Allergen and substitution handling follows the rules you write in onboarding. The assistant flags requests; it does not test food and makes no allergen guarantee.
• Availability, prices and delivery times are only as current as the menu and settings you supply.
• The assistant is not a substitute for a person when a situation needs judgement; it hands off or takes a message when it cannot help.

9. Payments

Card details are entered on Stripe-hosted pages and never reach Mobile Bites AI servers. We store only a Stripe customer ID to enable saved payment methods. We never take card numbers by voice, by text, or in this app.

10. Text Messaging and Opt-Out

Mobile Bites AI order texts

• Program: Mobile Bites AI sends order texts for the restaurants that use it. Every text comes from Mobile Bites AI and starts with "Mobile Bites AI:"; it names the restaurant you ordered from.
• What you receive: a secure payment link for an order you placed, a receipt with an order-again link, driver tracking for delivery orders, or the restaurant's menu link when you ask for it. Restaurant staff receive order tickets at the phone number the restaurant gives us.
• How you agree: on a call, the AI host asks before any text is sent. After reading back your order it says "To pay, Mobile Bites AI will text a secure payment link for this order to the number you're calling from. By saying yes, you agree to receive texts from Mobile Bites AI about this order. Message frequency may vary. Standard message and data rates may apply. Reply STOP to opt out, or HELP for help. We will not share your mobile information with third parties for promotional or marketing purposes. Does everything sound right, and is it okay to text you?", and texts only after you say yes. Before texting a menu link it gives the same notice and texts only after you say yes. The first text repeats it: "You agreed to texts about this order. Msg freq varies. Msg & data rates may apply. Reply STOP to opt out, HELP for help." Online, you agree by entering your mobile number on a Mobile Bites ordering page next to this notice. Texts go only to that number and only about that order or request. Your spoken answer is kept in the call transcript as the record of your consent.
• No marketing: we never send promotional texts, and consent to texts is not a condition of any purchase.
• Frequency: usually 1 to 3 texts per order. Message and data rates may apply.
• Opt out: reply STOP at any time. Reply START to get texts again. Help: reply HELP, visit mobilebites.ai/help or email support@mobilebitesai.com.
• Carriers are not liable for delayed or undelivered messages.
• Your mobile number and consent are never shared or sold for marketing; see our Privacy Policy.

11. Confidentiality

Each party keeps the other's confidential information private and uses it only for the service. Menu data, order history and customer lists belong to you; we use them only to operate, support and improve the assistant for your restaurant, and we do not sell them.

12. Intellectual Property

We keep all rights in the platform, the assistant and our materials. You keep all rights in your name, menu, logo and content, and grant us the limited licence needed to display and process them for the service.

13. Term and Termination

The subscription runs month to month. Either party may end it with 30 days' written notice. On termination we stop taking orders on your number, return your data on request within 30 days, and delete it afterwards except where retention is required by law.

14. Disclaimers

The service is provided "as is". To the maximum extent allowed by law we disclaim implied warranties of merchantability, fitness for a particular purpose and uninterrupted service, including for periods when phone networks, POS providers or our sub-processors are unavailable.

15. Limitation of Liability

We are not liable for lost profits, lost sales, lost data or reputational harm. To the extent allowed by law, our liability is limited to the fees paid for the service in the previous month.

16. Indemnity

You will defend and reimburse us for claims arising from your menu, your food, your business practices, or your use of messaging in breach of these terms or carrier rules.

17. Changes to These Terms

We may update these terms. Material changes are emailed at least 14 days before they take effect; continuing to use the service after that means you accept them.

18. Governing Law

These terms are governed by the laws of the State of California, without regard to conflict-of-law rules, and the state and federal courts located in California have exclusive jurisdiction. Nothing limits your statutory consumer rights.

19. Contact

Questions about these terms: legal@mobilebitesai.com, or through mobilebites.ai.