Terms of Service

1. Acceptance of Terms

By accessing or using the orderer.io platform, websites, APIs, or any related services (collectively, the "Service") operated by orderer, a sole proprietorship ("orderer," "we," "our," or "us"), you ("Operator," "Customer," "you," or "your") agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference.

If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, do not use the Service.

2. Description of Service

orderer.io provides AI-powered phone answering agents for businesses ("Operators"). The Service includes:

• AI voice agents that answer inbound phone calls on behalf of Operators
• Call recording, transcription, and analytics
• Phone number provisioning and management via Telnyx
• SMS messaging capabilities (appointment reminders, confirmations, follow-ups)
• Integration with third-party services (POS systems, calendars, CRMs)
• A web dashboard for configuration, monitoring, and management
• Subscription-based billing through Stripe

We reserve the right to modify, suspend, or discontinue any feature of the Service at any time, with reasonable notice to active Operators where materially affecting core functionality.

3. Account Registration & Requirements

3.1 Eligibility

You must be at least 18 years of age and have the legal authority to enter into contracts in your jurisdiction to use the Service. The Service is intended for business use only.

3.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized access at legal@orderer.io.

3.3 Accurate Information

You agree to provide accurate, current, and complete information at registration and to keep your account information updated. We may suspend accounts with materially false information.

4. Subscriptions & Payment

4.1 Plans

orderer offers tiered subscription plans, currently: Starter ($99/month), Growth ($249/month), and Scale ($599/month). Prices and plan features are listed on our pricing page and may change with 30 days' notice to existing subscribers.

4.2 Billing

Subscriptions are billed monthly in advance. All amounts are in US dollars. Payment is processed via Stripe. By providing payment information, you authorize orderer to charge your payment method on a recurring basis until you cancel.

4.3 Overage Charges

Each plan includes a monthly minute allotment. Usage beyond your plan's included minutes is billed at the overage rate specified in your plan. We will notify you at 80% of your minute allotment. Overage charges are billed at the end of each billing cycle.

4.4 Taxes

You are responsible for all applicable taxes (excluding taxes on orderer's net income). We will collect applicable sales and use taxes where required by law.

4.5 Late Payment

If payment fails, we will retry up to 3 times over 7 days. If payment remains outstanding after 14 days, we may suspend your account. Accounts suspended for non-payment will have data retained for 30 days, after which data may be permanently deleted.

5. Free Trial

We may offer a free trial period. At the end of the trial, your account will automatically convert to a paid subscription unless you cancel before the trial ends. Trial limitations (minute caps, feature restrictions) are specified at signup.

6. Cancellation & Refunds

6.1 Cancellation

You may cancel your subscription at any time from the billing section of your dashboard or by emailing support@orderer.io. Cancellation takes effect at the end of the current billing period. Your account will remain active until then.

6.2 Refunds

All subscription fees are non-refundable except where required by applicable law. We do not provide prorated refunds for unused time within a billing period. If you believe you were charged in error, contact us within 60 days of the charge.

7. Phone Numbers & Telecommunications

7.1 Provisioned Numbers

Phone numbers provisioned through the Service are provided by Telnyx and are assigned to you on a lease basis. Numbers are not portable to other providers without Telnyx's cooperation. We cannot guarantee the continued availability of any specific phone number.

7.2 Number Forwarding

If you forward your existing number to our service, you are responsible for compliance with your existing carrier's terms regarding call forwarding.

7.3 Calling Laws

You are solely responsible for ensuring that your use of the Service complies with all applicable federal, state, and local telecommunications laws, including the Telephone Consumer Protection Act (TCPA), Do Not Call (DNC) regulations, and all applicable state call recording notice requirements. This includes providing required disclosures to callers in states with two-party consent recording laws (e.g., California, Illinois, Florida).

8. SMS Messaging

If you enable SMS features, you must comply with our SMS Messaging Policy and the TCPA. You are responsible for obtaining legally compliant consent before sending any text message. You must maintain records of all opt-in consent. See our SMS Policy for full requirements.

9. Operator Responsibilities

As an Operator using the Service, you agree to:

• Configure call disclosure language as required by your jurisdiction's recording laws
• Obtain all necessary consents from your callers and SMS recipients
• Only use the Service for lawful business purposes
• Not use the Service to engage in deceptive, fraudulent, or harassing communications
• Comply with all applicable laws and regulations in your industry (including HIPAA if applicable)
• Maintain the confidentiality of your account credentials
• Promptly report any security incidents or unauthorized access to your account
• Ensure the accuracy of business information configured in the AI agent

10. Acceptable Use & Prohibited Conduct

You may not use the Service for any of the following. Violation may result in immediate termination. See our full Acceptable Use Policy for detail.

• Fraudulent calls, scams, or impersonation
• Robocalling or telemarketing to recipients without proper consent
• Harassment, threats, or abusive communications
• Violating any applicable telecommunications or consumer protection law
• Processing protected health information (PHI) without an executed BAA
• Operating in heavily regulated industries (financial advice, legal services) without complying with applicable rules
• Any activity that could harm orderer, our infrastructure, or other users
• Reverse engineering, scraping, or misusing our APIs

11. Intellectual Property

11.1 Our IP

The Service, including all software, AI models, interfaces, content, and documentation, is the property of orderer and protected by copyright, trademark, and other intellectual property laws. You receive a limited, non-exclusive, non-transferable license to use the Service during your active subscription solely for your business purposes.

11.2 Your Content

You retain all rights to content you upload (menus, FAQs, business info, branding). You grant orderer a limited license to use that content solely to operate the Service for you. You represent that you have the right to provide all content you upload.

11.3 Call Data

You own the call recordings and transcripts generated on your account. orderer processes this data as your processor. We may use aggregated, anonymized data to improve our models, but will never attribute it to you or sell it.

12. Third-Party Integrations

The Service integrates with third-party services (POS systems, calendars, CRMs, payment processors). Your use of those integrations is subject to the third party's terms and privacy policies. orderer is not responsible for the acts or omissions of third-party services.

13. Service Availability & SLA

We target 99.9% uptime for the core call-answering infrastructure. Scheduled maintenance will be communicated in advance where possible. For Scale plan Operators, a formal SLA is available upon request. In any event, our maximum liability for downtime is a credit equal to the prorated subscription fee for the period of outage.

14. HIPAA Compliance

orderer is capable of operating as a HIPAA Business Associate. However, we are NOT a covered entity or business associate by default. If you operate a healthcare practice and anticipate that callers may disclose PHI during calls, you MUST contact us to execute a Business Associate Agreement (BAA) before enabling those use cases. Contact legal@orderer.io.

15. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI-GENERATED RESPONSES WILL BE ACCURATE. USE OF AI-GENERATED CONTENT IS AT YOUR OWN RISK.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• IN NO EVENT SHALL orderer BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA, EVEN IF ADVISED OF SUCH POSSIBILITY.
• orderer'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO orderer IN THE TWELVE MONTHS PRIOR TO THE CLAIM, OR (B) $100.

Some jurisdictions do not allow exclusion of certain warranties or limitation of liability. In those jurisdictions, our liability is limited to the greatest extent allowed by law.

17. Indemnification

You agree to indemnify, defend, and hold harmless orderer and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law, including the TCPA or call recording laws; (d) any content you upload or configure; or (e) any claims by your callers or customers relating to your use of the Service.

18. Dispute Resolution & Arbitration

18.1 Informal Resolution

Before filing any claim, you agree to contact us at legal@orderer.io and attempt informal resolution for at least 30 days.

18.2 Binding Arbitration

If informal resolution fails, ALL DISPUTES arising out of or relating to these Terms or the Service shall be resolved by binding arbitration under the American Arbitration Association (AAA) Commercial Arbitration Rules, conducted in English. The arbitrator's decision will be final and binding.

18.3 Class Action Waiver

YOU AGREE TO BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY. YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

18.4 Opt-Out

You may opt out of this arbitration agreement by emailing legal@orderer.io with the subject "Arbitration Opt-Out" within 30 days of first accepting these Terms.

18.5 Exceptions

Either party may bring claims in small claims court. Either party may seek injunctive or other equitable relief to prevent unauthorized use of intellectual property.

19. Governing Law

These Terms are governed by the laws of the state in which orderer is domiciled, without regard to conflict of law principles. For claims not subject to arbitration, you consent to exclusive jurisdiction in the courts of that state.

20. Changes to Terms

We may update these Terms at any time. We will provide at least 14 days' notice of material changes via email. Continued use after the effective date constitutes acceptance. If you do not agree to the updated Terms, you must cancel your account before the effective date.

21. General Provisions

• Entire Agreement: These Terms, the Privacy Policy, SMS Policy, and Acceptable Use Policy constitute the entire agreement between you and orderer.
• Severability: If any provision is found invalid, the remainder stays in effect.
• Waiver: Failure to enforce any provision is not a waiver of that right.
• Assignment: You may not assign these Terms without our consent. We may assign in connection with a merger, acquisition, or sale of assets.
• Notices: Notices to you will be sent to the email on your account. Notices to us must be sent to legal@orderer.io.

22. Contact

orderer — legal@orderer.io