Terms of Service

Last updated: August 21, 2026. Effective date: August 21, 2026.

These Terms of Service (the "Terms") are a binding agreement between Coneeko ("Coneeko," "we," "us," or "our") and the person or entity that accesses or uses our websites, dashboard, or AI voice ordering platform (the "Services"). By creating an account, clicking to accept, or using the Services, you agree to these Terms. If you are agreeing on behalf of a company, you represent that you are authorized to bind it, and "you" means that company.

1. Eligibility, Accounts, and Electronic Agreement

You must be at least 18 years old and able to form a binding contract. You agree to provide accurate account information, keep it current, keep your credentials confidential, and notify us immediately of any unauthorized use. You are responsible for all activity under your account, including the acts of your staff and anyone you give access to. You consent to receive notices, agreements, and disclosures from us electronically, and you agree that electronic records and signatures satisfy any requirement that they be in writing.

2. The Services and Changes to Them

Subject to these Terms and your payment of fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Services for your internal restaurant operations during your subscription. We may add, modify, suspend, or discontinue features at any time. We will not materially reduce the core functionality of a paid plan during a paid term without notice to you.

3. Subscription Plans, Fees, and Taxes

The Services are sold on a recurring subscription basis, plus any usage-based charges described in your plan. By providing a payment method you authorize us and our payment processor to charge it on a recurring basis, at the then-current rates, until you cancel. Fees are exclusive of taxes, which you are responsible for other than taxes on our income. Late or failed payments may result in suspension of telephone routing and voice agent services after notice. We may change prices effective at the start of your next billing term with at least 30 days' notice.

You may cancel at any time in the dashboard; cancellation takes effect at the end of the current billing period. Except where required by law, fees already paid are non-refundable and are not prorated. If you dispute a charge, contact us before initiating a chargeback so that we can attempt to resolve it.

4. Acceptable Use

You will use the Services only for lawful restaurant operations. You will not, and will not permit anyone else to: use the phone routing, voice cloning, or voice synthesis tools to place unsolicited, automated, prerecorded, or telemarketing calls or texts; impersonate any person or business you are not authorized to represent; harass, defraud, or deceive callers; upload unlawful content or content you lack rights to; interfere with, overload, probe, or reverse engineer the Services; circumvent usage limits or security controls; resell or provide the Services to a third party without our written consent; or use output of the Services to build a competing product or to train a competing model. Additional detail appears in our Acceptable Use Policy, which is incorporated into these Terms. We may suspend access immediately to stop a violation, a security risk, or unlawful activity.

5. Your Compliance Responsibilities: Recording Consent, Menu and Allergen Accuracy, and Messaging

You are the operator of your restaurant and of your telephone line, and you are solely responsible for the legal compliance of how the Services are used on your behalf. In particular:

  • Call recording and monitoring. The Services record, transcribe, and monitor telephone calls. Some jurisdictions, including California under the California Invasion of Privacy Act, require the consent of all parties to a recorded call. You are solely responsible for giving your callers the notice of recording that the law requires in every jurisdiction in which you operate, including any all-party consent announcement, and for honoring callers who decline to be recorded. Coneeko does not provide that notice on your behalf unless you have configured and enabled it.
  • Menu, price, and allergen accuracy. You are solely responsible for the accuracy and currency of the menu, prices, ingredients, allergen and dietary information, and store information you configure. Coneeko does not verify this information and provides no food-safety, nutritional, medical, or regulatory advice. Your staff must confirm allergy and dietary requests directly with the guest.
  • Text messages and marketing. You are responsible for compliance with the Telephone Consumer Protection Act, state mini-TCPA statutes, CAN-SPAM, and carrier rules for any messages sent to your guests through the Services, including obtaining and documenting the necessary consent and honoring opt-outs.
  • Privacy notices and data rights. You are responsible for providing your guests with the privacy notices your law requires and for instructing us on data retention and deletion. Our handling of caller data on your behalf is governed by our Privacy Policy.

6. Artificial Intelligence: Nature and Limitations of Output

The Services use artificial intelligence, including third-party speech recognition, language, and speech synthesis models, to answer calls and assemble orders. Automated systems are probabilistic and can and do produce errors. They can mishear or misinterpret items, quantities, prices, modifiers, names, addresses, allergy statements, and other instructions, and they can generate output that is inaccurate, incomplete, or unsuitable.

Output is provided for your review, not as a final or authoritative record. You must have staff review and confirm every incoming ticket in the dashboard or your point-of-sale system before it is prepared or fulfilled, and you assume all risk arising from acting on output without that review. Coneeko makes no representation that the Services will produce any particular level of accuracy, order volume, revenue, or customer satisfaction.

7. Availability, Telecom Dependencies, and Third-Party Services

We aim for high availability but do not guarantee uninterrupted service unless a separate written service level agreement applies. Telephone carriers, cloud providers, point-of-sale APIs, payment processors, delivery platforms, and your own local network and hardware are outside our control. Coneeko is not liable for missed, delayed, duplicated, or incorrect orders caused by carrier or network failures, third-party API downtime, power or internet outages, or your equipment or configuration. Third-party services you connect are governed by their own terms and privacy policies, and we are not responsible for them. The Services are not an emergency service and must never be used to place or route emergency calls.

8. Intellectual Property and Your Data

Coneeko and its licensors own the Services and all related software, models, interfaces, designs, documentation, and trademarks. No rights are granted other than those expressly stated here.

As between you and Coneeko, you own the content you provide and the order and call records generated for your restaurant ("Customer Data"). You grant us a worldwide, non-exclusive license to host, process, transmit, display, and otherwise use Customer Data solely to provide, secure, support, and improve the Services and as described in our Privacy Policy. You represent that you have all rights and consents necessary to give us that license. We may create and use de-identified and aggregated data that does not identify you, your restaurant, or any individual.

If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use them without obligation or attribution.

9. Term, Suspension, and Termination

These Terms apply for as long as you use the Services. Either party may terminate for convenience effective at the end of the current billing period, and either may terminate immediately for the other's material breach that remains uncured 15 days after written notice. We may suspend or terminate access immediately for non-payment, a violation of Section 4 or 5, a security or legal risk, or a request from a competent authority. On termination, your right to use the Services ends. You may export Customer Data before termination; we may delete it after 30 days, subject to backup cycles and legal retention requirements. Sections 5 through 8 and 10 through 18 survive termination.

10. Confidentiality

Each party may receive non-public information of the other. The receiving party will use it only to perform under these Terms, protect it with at least reasonable care, and not disclose it except to personnel and advisors bound by comparable obligations, or as required by law after giving notice where legally permitted.

11. Disclaimer of Warranties

THE SERVICES, INCLUDING ALL AI OUTPUT, TRANSCRIPTS, RECORDINGS, AND INTEGRATIONS, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONEEKO AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OUTPUT WILL BE ACCURATE, COMPLETE, OR RELIABLE.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this Section may not apply to you. Nothing in these Terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONEEKO AND ITS OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, ORDERS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US FOR THE SERVICES IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

These limitations apply even if a limited remedy fails of its essential purpose, and they allocate the risks between the parties as a fundamental basis of the bargain. Some jurisdictions do not allow certain limitations, so parts of this Section may not apply to you.

13. Indemnification

You will defend, indemnify, and hold harmless Coneeko and its officers, directors, employees, and suppliers from and against any third-party claim, demand, proceeding, loss, damage, fine, penalty, or expense (including reasonable attorneys' fees) arising out of or relating to: your use of the Services; Customer Data and your menu, price, ingredient, and allergen information; your failure to obtain or maintain required recording, messaging, or privacy consents or notices; your violation of these Terms or of any law, including the California Invasion of Privacy Act, the Telephone Consumer Protection Act, or any privacy, wiretapping, or consumer protection statute; or any dispute between you and a guest, employee, or integration partner. We will notify you of the claim, give you control of the defense (subject to our right to participate with our own counsel), and cooperate reasonably. You may not settle a claim in a way that imposes any obligation or admission on us without our written consent.

14. Force Majeure

Neither party is liable for a failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, epidemic, war, terrorism, civil unrest, labor disputes, government action, carrier or utility failures, internet or cloud provider outages, and cyberattacks.

15. Informal Dispute Resolution First

Before starting an arbitration or any other proceeding, the complaining party must send a written notice of dispute to the other describing the claim and the relief sought — to us at coneeko.com@gmail.com with the subject line "Notice of Dispute," and to you at the email on your account. The parties will then negotiate in good faith for 60 days. This step is a condition precedent to commencing arbitration, and any limitations period is tolled during it.

16. Binding Arbitration, Class Action Waiver, and Opt-Out

Please read this Section carefully. It affects your legal rights.

Except as stated below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including their formation, interpretation, breach, or termination, will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (or, for a consumer, its Consumer Arbitration Rules), before a single arbitrator. The Federal Arbitration Act governs this Section. The arbitration will be conducted in the English language, and by documents or videoconference unless the arbitrator orders an in-person hearing, which will take place in the county of your principal place of business or another mutually agreed location. The arbitrator has exclusive authority to resolve threshold questions of arbitrability, except that a court has exclusive authority to decide the enforceability of the class action waiver below.

YOU AND CONEEKO EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, OR REPRESENTATIVE ACTION. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING IT. If this class action waiver is held unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court, and the remaining claims will proceed in arbitration. The class action waiver is otherwise not severable, and if it is held unenforceable in its entirety, this entire arbitration Section is void.

Exceptions. Either party may bring an individual action in small claims court, and either party may seek injunctive or equitable relief in court to protect intellectual property or confidential information.

How to opt out. You may reject this arbitration and class action waiver Section by emailing coneeko.com@gmail.com with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms, stating your name, account, and intent to opt out. Opting out will not affect any other part of these Terms or your use of the Services.

Time limit. To the extent permitted by law, any claim arising out of or relating to these Terms or the Services must be brought within one (1) year after it accrues, or it is permanently barred.

17. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods. For any dispute not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware and waive any objection to that forum. Nothing in this Section deprives a consumer of the protection of mandatory provisions of the law of their country of residence.

18. General

These Terms, together with our Privacy Policy, Cookie Policy, Acceptable Use Policy, and any order form or plan you accept, are the entire agreement between the parties and supersede all prior understandings. We may update these Terms; if a change is material we will give notice, and continued use after the effective date constitutes acceptance. If a provision is held unenforceable, it will be modified to the minimum extent necessary and the rest will remain in force. A failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets. There are no third-party beneficiaries. The parties are independent contractors.

19. Contact

Questions about these Terms, and all legal notices, may be sent to coneeko.com@gmail.com. Please include "Legal" in the subject line.