Terms of Service

These Terms include automatic subscription renewal, limits on liability, and an individual arbitration agreement with a 30-day opt-out. Please read them before accepting.

1. Agreement and eligibility

These Terms of Service, including Appendix A (Data Processing Addendum), form an agreement between Foresio AI, LLC, a Georgia limited liability company (“Foresio,” “we,” “us”), and the restaurant business accepting them (“Customer,” “you”). They cover our restaurant intelligence platform, advisors, dashboard, messaging, and related support (the “Service”). The individual accepting must have authority to bind the Customer. You accept through the affirmative acceptance step at registration or in a signed order form. If you do not agree, do not register for or use the Service.

The Service is offered to restaurants located in the United States for business use. The contracting account owner must be at least 18 and legally able to contract. Authorized users aged 16 or 17 may use the Service only under an adult account owner’s supervision and responsibility; they may not own the account, accept a contract, enter payment information, or authorize purchases. Users under 16 may not use the platform. Age certification is required; it is not independent age verification. These platform eligibility rules do not establish consent to contact restaurant guests.

Our Privacy Policy explains information handling. Appendix A governs our contractual processing obligations for personal information handled on your behalf. A mutually signed order form controls conflicting commercial terms; Appendix A controls conflicting data-protection terms, subject to mandatory law. Checkout identifies the plan, price, term, and disclosed usage charges you purchase; it cannot silently override these data protections.

2. Accounts, seats, and authority

Each restaurant has its own account and subscription. Seats are individual users at that restaurant, not additional locations. Keep registration information accurate, protect credentials, and promptly report suspected unauthorized access to hello@foresioai.com. Do not share individual logins. You are responsible for your authorized users’ conduct, except to the extent an incident results from Foresio’s breach of its obligations.

An account has one owner. The owner controls subscriptions, payment methods, message-block purchases, invitations, removals, cancellation, and ownership transfers. Managers may manage authorized integrations and approve permitted operational actions. Staff permissions are restricted; cost, margin, vendor pricing, guest consent records, and billing information are restricted according to role. Users aged 16 or 17 cannot receive purchasing authority through a role change. Pending invitations count toward seat limits; removing a user frees a seat and ends their sessions. Multi-factor authentication is available on every plan and required for the owner on Signal and Cascade.

3. Advisors and authorized actions

Features depend on your plan, supported integrations, setup, available history, and third-party access. A connection or feature identified as unavailable or coming soon is not included as a live capability. Forecasts require sufficient history; Full House requires at least eight weeks. Incomplete recipes, missing costs, connection failures, and stale source data can limit results.

Connecting Google Business Profile and enabling automatic replies after approving brand voice authorizes Foresio to post replies to reviews rated four or five stars, except reviews flagged for manual review. Reviews rated three stars or below, and reviews flagged for illness, injury, discrimination, legal threats, or similar issues, require owner or manager approval. Automated detection can miss sensitive content; monitor published replies and correct or remove inappropriate responses. You can disable automatic replies.

Review invitations must use the same rating-neutral schedule and wording for all eligible guests who submit a private rating. Service-recovery status must not delay, suppress, or condition an invitation. Consent, opt-outs, lawful send windows, duplicates, and account-wide delivery restrictions still apply without regard to rating. A guest who does not respond to the initial rating request receives no further request for that visit. Never condition compensation, a discount, or service recovery on leaving, changing, removing, or favorably rating a public review. Private guest records must not be exposed in public replies.

4. Plans and limits

Unless a signed order form states otherwise, current standard plans are:

Waste entries and recounts are unlimited on every plan. “Unlimited” applies only to the expressly identified feature, not seats, included SMS, competitor count, storage duration, third-party restrictions, or prohibited use. No separate undisclosed numerical cap applies to an unlimited feature. All use remains subject to security controls and these Terms.

Monthly usage periods follow your account’s billing anniversary, including on annual subscriptions, rather than calendar months. A missing anniversary date falls on the month’s last day. Basic usage periods follow its registration anniversary. Allowances do not accrue or roll over. Limits and usage are displayed in the account area; Foresio provides an 80% usage warning for metered limits.

5. Subscription billing, trial, and plan changes

Paid subscriptions are charged in advance and automatically renew for the selected monthly or annual term until canceled before the renewal date and time shown in your account. There is no 30-day advance-cancellation requirement. Stripe processes payments. You authorize recurring subscription charges, applicable tax, and usage charges expressly authorized under Section 6. We do not directly receive or store your full card number or security code.

Checkout shows the recurring price, billing frequency, first charge date, applicable trial, taxes, and metering terms before you confirm. We send annual renewal reminders at least 30 days before renewal. Price increases apply only to a future renewal, with at least 30 days’ email notice, and do not change a prepaid term. Additional notice or consent will be obtained when required by law. You may cancel before a new price takes effect.

Signal free month and promotions

Eligible first-time customers may receive one calendar month of Signal without a subscription charge. A payment method is required. The trial includes 1,000 guest outbound SMS segments, not the paid 4,000-segment allowance; exceeding the trial allowance requires a separately approved purchase. At trial end, the subscription renews into the selected paid Signal term at the price and date disclosed at checkout unless canceled first. We send reminders seven days and one day before the first charge. Annual selection means the disclosed annual charge is due when the trial ends.

Prior paid subscriptions associated with the email address, payment-method identifier, POS location, or Google Place ID can make a restaurant ineligible; a Basic account alone does not. Contact support if a match incorrectly identifies your business. Cascade is billed immediately and has no free month. Upgrading from a Signal trial to Cascade ends the trial and begins Cascade billing immediately, with no credit for unused trial time. A promotional code and the free month cannot be combined; checkout presents applicable alternatives, eligibility, expiration, and redemption restrictions.

Upgrades and downgrades

Paid Signal-to-Cascade upgrades take effect when confirmed. Checkout shows the prorated charge, credit for unused paid time, and renewal amount before purchase. An annual upgrade preserves the existing annual renewal date. For the current monthly usage period, included segments equal 4,000 plus the prorated share of the 6,000-segment difference for the remaining period, rounded up; prior usage still counts. Purchased Signal blocks remain available through that period, and Cascade overages start only after the adjusted allowance and remaining blocks are exhausted.

Cascade-to-Signal downgrades take effect at renewal. Choose which users to remove if more than three seats are occupied. Existing guest contacts above 3,000 and their consent records are retained; eligible existing contacts may still be messaged within the allowance, but adding new contacts is blocked until the list is within the limit. Opt-out and consent evidence must not be deleted to evade this rule. Competitor history is locked and retained under Section 11, not immediately erased. Unused included segments and purchased blocks expire at their stated period end; accrued overages remain payable. Billing-frequency changes take effect at renewal. Scheduled downgrades may be reversed before they take effect.

6. SMS metering and overages

An SMS allowance unit is one billable outbound SMS segment to one guest. A text split into multiple carrier segments uses multiple units. Character encoding and length determine segmentation. Foresio shows estimated segmentation before approval and flags multi-segment messages. A 100-recipient campaign of two-segment texts uses 200 units.

Guest outbound usage includes Full House promotions and Review Responder rating requests, review invitations, service-recovery replies, and opt-in confirmations. Foresio absorbs the cost of mandatory STOP confirmations and HELP replies; they are not blocked for lack of allowance. Incoming texts and operator-facing Rundown, account, and authentication messages do not consume guest outbound allowances or generate Cascade guest-message overages. Unsent holdout messages, messages blocked before submission, and duplicate sends caused by a Foresio error do not count. A submitted segment counts if the messaging provider charges for it, even if ultimately undelivered; any provider reversal is credited. Carrier delivery is not guaranteed.

Signal requires an owner-approved purchase of a displayed-price message block before exceeding available units; blocks expire at the end of the current usage period. Foresio does not automatically charge Signal overages. Review Responder reserves 1,500 included segments on Signal and 3,000 on Cascade by default, within the plan allowance, not in addition to it. Marketing is stopped before service-recovery messages when units run short. Compliance opt-out processing continues regardless of allowance.

Cascade continues authorized guest messaging beyond its available allowance and bills overages monthly in arrears, including for annual subscriptions. “At cost” means the actual Twilio outbound SMS transport charge and associated carrier pass-through fees for excess segments, net of attributable discounts and credits, with no Foresio markup. It excludes phone-number rental, registration, inbound messaging, OCR, hosting, and other platform costs. Applicable taxes are separately identified. Do not assume one fixed rate for every carrier. The account area shows current applicable rates, usage, and accrued charges. We notify the owner when overages start and at each additional 5,000 segments. The owner can pause guest messaging; already incurred charges remain due. Final overages are billed when the paid term ends if not previously invoiced. No new fixed fee or change in the definition of billable usage applies without advance disclosure and any required authorization.

7. Cancellation, refunds, and nonpayment

Cancel in the account area at any time before renewal without contacting support. We confirm the cancellation and exact access-end date. If the cancellation control is unavailable, email hello@foresioai.com before renewal; the time we receive the request controls. Cancellation stops future subscription renewal, not approved charges already incurred. Access continues to the paid term’s end. Afterward, advisors and outbound messaging stop and the account enters the 90-day read-only/export period in Section 11; cancellation does not automatically move the account onto active Basic service.

Subscription fees are not automatically refunded for cancellation, nonuse, partial periods, or dissatisfaction with an individual advisor output. Refund requests go through Contact Us or hello@foresioai.com and are reviewed and processed by a Foresio customer service representative. We correct verified billing errors and issue refunds required by law or expressly promised in these Terms. Other refunds may be granted based on the circumstances, including material service failure. This process does not waive statutory rights or lawful payment disputes.

Failed payments trigger retries and notice. During the notified retry period, the account remains operational except guest outbound messaging is paused; compliance replies remain available. After retries end, the account becomes read-only and the Section 11 closure period starts on the date identified in the notice. We do not withhold a legally required privacy response or consent-evidence report solely because fees are disputed. Reinstatement requires payment of undisputed overdue amounts and restoration of required permissions and consent.

8. Integrations, public sources, and vendors

Connecting a POS or Google account authorizes access to the data and scopes disclosed in the connection flow for the enabled functions. You must have authority to connect the account and provide lawful data-processing instructions. Foresio uses OAuth or the provider’s authorized access method and does not ask for your POS password. Supported systems may include Square, Clover, Toast, and SpotOn only where the required access and approvals are live. Backfill targets are not guarantees of a provider’s available history.

Foresio uses Supabase and Railway for infrastructure, Stripe for billing, Twilio for SMS and related registration/number services, and OpenRouter and selected underlying AI providers for inference. Other technical dependencies include Google Business Profile, Google Places, Google Ads Keyword Planner through a Foresio-managed account, receipt OCR, email delivery, and authorized public competitor-source collection, including the specified Sian Agency Uber Eats menu scraper and Apify Instagram scraper where available and lawfully usable. The Privacy Policy describes recipient categories. Providers receive only data needed for their functions, subject to the data protections here.

Use of Google Maps/Places features is also subject to the Google Terms of Service and Google Maps/Google Earth Additional Terms of Service, which are incorporated for those features. A source being public, or a scraper being available, does not itself authorize collection, reuse, or indefinite retention. Third-party content remains subject to applicable rights, attribution, display, refresh, and retention requirements; exports may omit restricted content. Foresio may use lawful manual collection or suspend an unavailable source, with notice of affected coverage. The Service does not guarantee access to any particular competitor or platform.

You may disconnect integrations. Disconnection stops future access through that connection but does not itself cancel billing, delete stored records, or remove previously published Google content. Foresio stops integration collection when paid service ends and revokes or deletes stored access credentials as part of closure. You should also revoke access at the source. We remain responsible for obligations assigned to us and to our subprocessors under Appendix A; independent platform conduct is not a blanket exemption from those obligations.

9. Messaging consent and compliance

Operator communications

Foresio sends operational SMS only after the individual recipient’s affirmative opt-in. The enrollment disclosure identifies Foresio, message purposes and frequency, possible automation, message/data rates, and STOP/HELP instructions. Agreeing to these Terms alone is not SMS consent. Consent to SMS is not a condition of purchasing the platform. Operator numbers are kept separate from restaurant guest programs. Essential account notices can continue by email or in the dashboard after SMS opt-out.

Restaurant guest programs

Full House and Review Responder send on the restaurant’s behalf through its assigned messaging number. Foresio provides consent-capture tools, records the consent event and disclosure version, checks program eligibility before sending, and enforces suppression. You must use those tools honestly and ensure that any consent captured outside Foresio is valid for the identified restaurant, program, and message type and supported by records. A purchase, POS phone field, loyalty enrollment, or consent to another restaurant is not by itself permission for these programs. Do not upload purchased, rented, or scraped contact lists.

Before guest-program messages are sent, the recipient must affirmatively agree through the applicable disclosed consent flow, including electronic written consent where required by law or Twilio policy. The QR flow identifies the restaurant and program, frequency, automated messaging, message/data rates, no purchase requirement, and opt-out instructions before the guest sends the opt-in text. Foresio retains the number, timestamp, source, affirmative action, and exact disclosure version. A QR scan alone is not consent. Do not send an unsolicited opt-in request to evade the prior-consent requirement. Required restaurant brand/campaign registration must be completed before program traffic begins.

Only an owner or manager may approve marketing sends. Approved recurring promotions identify their scope and schedule and remain subject to current consent, frequency limits, and pause/review controls. Guest-facing disclosures and actual frequency must agree; the default marketing cap is two messages per week, or a lower disclosed/legally required limit. Feedback and service messages have their own disclosed frequency and must not be used to evade marketing consent.

Guest sends are restricted to applicable lawful hours in the recipient’s local time; the default is 8 a.m. to 8 p.m., with stricter jurisdiction-specific rules applied where required. Restaurant time zone alone does not establish a guest’s location. If location cannot be established sufficiently to comply, the send is held. Operators may not override legal restrictions. Recipients can reply STOP, UNSUBSCRIBE, CANCEL, END, QUIT, REVOKE, or OPT OUT, or use another reasonable method to withdraw consent. Recognized keywords trigger immediate suppression across that restaurant’s Full House and Review Responder programs and one nonpromotional confirmation. Other requests are processed as soon as practicable, no later than ten business days or any shorter required period. HELP provides assistance. Re-enrollment requires a new affirmative consent record. Suppression and necessary compliance replies continue during a messaging pause or exhausted allowance.

The restaurant is responsible for its offers, consent disclosures it supplies, external consent collection, and authorized instructions. Foresio is responsible for operating its consent, approval, scheduling, and suppression controls as promised. Neither party can transfer its statutory duties or determine statutory sender liability merely by labeling the other party the sender. Wireless carriers are not liable for delayed or undelivered messages.

10. Data rights, confidentiality, and AI

You retain your rights in your restaurant data, recipes, costs, records, uploads, and authorized integration data (“Customer Data”), subject to individuals’ privacy rights and third-party rights. You grant Foresio a nonexclusive license to host, process, transmit, and use it to deliver and support your Service, protect it, meet legal obligations, and perform the limited improvement activities described below. This is not a transfer of ownership.

As between the parties, you own account-specific advisor outputs to the extent ownership rights exist. You may retain and use lawfully exported outputs for your business after cancellation. AI outputs may not be unique or copyrightable, and source material remains subject to its own restrictions. Foresio owns its platform, software, workflows, and model improvements, without acquiring ownership of your underlying records.

Foresio does not sell or rent Customer Data, provide it to advertisers for their own use, or disclose one client’s private data to another client. There is no cross-client benchmarking program. Customer Data is disclosed only to authorized recipients, necessary providers and personnel, or in the limited legal/business circumstances described in the Privacy Policy. Sending a guest an approved message or publishing an authorized Google reply is a disclosure you instruct, not permission to disclose unrelated private records.

AI inference may send relevant portions of Customer Data to OpenRouter and selected underlying providers. Account-specific learning, such as vendor mappings and brand voice, stays associated with your account. Foresio may also train, evaluate, and improve general or shared models using lawfully obtained public/licensed material, synthetic examples, and material derived from Customer Data only after de-identification and confidentiality screening. Shared training material must not reasonably identify a person or restaurant or reveal confidential recipes, identifiable financial records, private communications, credentials, or other client secrets. Removing a name alone is insufficient. Foresio and recipients of de-identified material must not attempt re-identification except lawful testing of de-identification protections and must maintain equivalent restrictions on onward use. Shared model improvements may benefit multiple customers; their data and private outputs are not made available to one another.

Personal information and identifiable or confidential Customer Data must not be routed to providers permitted to use those inputs for their own general/shared model training. Foresio restricts provider selection and settings accordingly; provider safety retention is distinct from permission to train. These Terms do not authorize unrestricted downstream training. Google-sourced and other licensed data is also subject to applicable API, source, and model-training restrictions, even after de-identification; these Terms grant no permission to override those restrictions. Data that cannot meet these safeguards is excluded from shared training. De-identified material already lawfully incorporated into model improvements is not linked back to your account and is not necessarily reversible upon account deletion.

Each party protects the other’s nonpublic business, technical, and financial information with at least reasonable care, limits access to people and providers who need it and are bound to confidentiality, and uses it only as authorized. Confidentiality excludes information lawfully public without breach, already lawfully known, independently developed, or lawfully obtained without a confidentiality duty. Compelled disclosure is limited to what is legally required, with prior notice when permitted and practicable. Confidentiality survives while information remains confidential; trade secrets remain protected for as long as applicable law protects them.

11. Export, retention, and deletion

Authorized users can export permitted operational records during active service. Ordinary CSV exports exclude raw guest phone-number lists.Verified owners may request a secure consent-evidence report through hello@foresioai.com. Reports include the identifiers necessary to prove the relevant recipient’s consent, disclosure version, source, timestamps, and withdrawal status; scope is limited to the documented compliance, dispute, or lawful rights request. Delivery uses verified access and an expiring protected link, and is logged. Reports are not marketing-list exports and cannot be used to bypass consent or suppression. These controls do not restrict a legally required individual access, portability, or other privacy response.

When paid access ends or a free account closes, the account is read-only for 90 days, with permitted CSV exports and secure report requests available. Reactivation within that period restores retained data and purchased features, subject to current plan entitlements; it does not restore expired trials or deleted records. After day 90, ordinary Customer Data is scheduled for deletion from active systems within 30 days unless an earlier valid deletion request applies. Inaccessible backup copies expire within 90 additional days after active-system deletion, are not used for ordinary business, and are re-deleted if restored. A legal hold or legally required retention can extend these periods only for the affected records and permitted purpose.

During active service, the history windows in Section 4 govern operational records, including advisor histories and receipt images. Current recipes, ingredient configuration, active contacts, and consent/suppression records needed to operate the account are not removed solely because their creation dates fall outside a history window. Cascade history collected before a downgrade to Signal remains locked and retained during continuous paid service, subject to source restrictions and valid deletion requests; new Signal history follows the rolling 24-month window. Previously deleted history cannot be recreated by upgrading. “Full history” does not mean perpetual retention after closure. Before a plan change causes historical deletion, we provide at least 30 days to export affected permitted records.

Limited SMS consent, opt-out, and associated message evidence is retained for five years after the later of the last relevant message or withdrawal of consent; an active consent record remains while the program relies on it. Suppression identifiers are retained while the restaurant’s program operates and for five years after it ends to prevent improper re-enrollment. Billing/tax records are retained for seven years after the relevant transaction or longer if law requires. These exceptions preserve necessary evidence, not the entire restaurant database. The Privacy Policy supplies the remaining retention details. Appendix A continues to protect retained personal data after termination.

12. Acceptable use and operational responsibility

Do not use the Service unlawfully; bypass consent, roles, security, or metering; send spam; manipulate reviews; impersonate others; expose private guest information; introduce malicious code; resell access without permission; or reverse engineer protected software except to the extent applicable law expressly allows. Do not use competitor information to coordinate prices, exchange nonpublic competitor information, or facilitate anticompetitive conduct. Restaurants independently decide their own pricing.

Do not upload payment-card security codes, complete card numbers, government identifiers, biometric templates, medical records, or other sensitive information unrelated to the Service. Minimize incidental sensitive details in complaints and receipts. Foresio is not a medical-record system, payroll service, accounting system of record, or emergency service.

You remain responsible for recipe accuracy, allergen information, safe food handling, temperature control, expiration judgments, physical counts, menu disclosures, taxes, and offer fulfillment. Inventory and expiration alerts do not certify food safety or replace required inspections. Food margin and spend measures exclude costs they do not expressly include and are not a representation of net profit or accounting cost of goods sold. Forecasts, OCR, causal estimates, and AI responses can be wrong; review consequential outputs against source records. No particular revenue, savings, review score, ranking, or business result is promised.

13. Suspension, termination, and changes

These Terms apply to free and paid accounts from acceptance through termination, with surviving obligations as described below. You may close your account through support; paid renewal cancellation remains self-service. Foresio may suspend affected functions to address material breach, nonpayment, unlawful messaging, or a concrete security/legal risk. We give notice and a reasonable opportunity to cure when practicable; urgent protection may require immediate action. Restrictions should be proportionate, and access is restored when the issue is resolved.

We may terminate for an uncured material breach after 30 days’ notice, or immediately for serious unlawful conduct or an urgent risk that cannot reasonably be resolved through suspension. If we discontinue paid service or terminate for convenience, we give at least 30 days’ notice and refund unused prepaid subscription fees. If Foresio materially breaches these Terms and does not cure within 30 days after your notice, you may terminate and receive a prorated refund for the unused prepaid term. Security restrictions may limit ordinary access, but we will provide a secure alternative for lawful data return where feasible.

We may update the Service without materially reducing purchased core functionality during a prepaid term, except when law, security, or loss of lawful third-party access requires a change. If a lasting change materially removes a purchased core function and no reasonably equivalent alternative is provided, you may terminate the affected subscription and receive a prorated refund for the unused prepaid period.

Material Terms changes receive at least 30 days’ email notice and apply prospectively. Changes required sooner by law or to address an urgent security issue receive as much notice as practicable. We obtain affirmative acceptance when required; continued use is not consent to a new use of personal information that legally requires separate consent. Material adverse commercial changes take effect at renewal unless you expressly accept earlier. Arbitration changes do not apply to an already accrued dispute without both parties’ agreement. Privacy changes follow the Privacy Policy.

14. Warranties and liability

EXCEPT FOR EXPRESS COMMITMENTS IN THESE TERMS OR A SIGNED ORDER FORM, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FORESIO DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. THERE IS NO GUARANTEED UPTIME OR SERVICE LEVEL UNLESS SEPARATELY SIGNED. THESE DISCLAIMERS DO NOT CANCEL OUR EXPRESS CONFIDENTIALITY, DATA-PROCESSING, REFUND, OR SECURITY OBLIGATIONS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORESIO IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, GOODWILL, OR BUSINESS OPPORTUNITIES. FORESIO’S TOTAL LIABILITY ARISING FROM THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF $100 OR THE FEES YOU PAID OR OWE FOR THE AFFECTED RESTAURANT ACCOUNT’S SERVICE DURING THE 12 MONTHS BEFORE THE FIRST EVENT GIVING RISE TO THE CLAIM. RELATED CLAIMS COUNT AS ONE EVENT; MULTIPLE CLAIMS DO NOT MULTIPLY THE CAP.

For claims arising from Foresio’s breach of confidentiality, data security, or Appendix A, the cap is instead the greater of $1,000 or twice those 12-month fees. Reasonable direct costs of legally required breach response are not excluded solely because they concern a data incident. The caps and exclusions do not apply to fraud, willful misconduct, gross negligence, death or personal injury caused by negligence, or liability that applicable law does not permit to be limited. Refunds expressly due under these Terms are not reduced by a liability cap. These limits apply across legal theories and even if a limited remedy fails its essential purpose.

15. Third-party claims

You will defend and indemnify Foresio and its personnel against third-party claims and resulting reasonable costs, final damages, and approved settlements to the extent caused by your unlawful data collection or instructions, unauthorized content, unlawful promotions or messaging, or material violation of Section 12. This obligation excludes the portion caused by Foresio’s breach, negligence, or misconduct, including failure of consent/suppression controls assigned to Foresio.

Foresio must promptly notify you of the claim, reasonably cooperate at your expense, and allow you to control the defense with competent counsel. Delayed notice reduces your obligation only to the extent materially prejudicial. You may not settle a claim by admitting Foresio’s wrongdoing, imposing nonmonetary obligations, or failing to release Foresio without its prior written consent, not unreasonably withheld. Foresio may participate with its own counsel at its own expense.

16. Disputes, arbitration, and governing law

Individual arbitration and class-action waiver. Before initiating a dispute, send a notice explaining the claim, relevant facts, account, and requested relief to hello@foresioai.com. Foresio will send its notice to your account email. The parties will try in good faith to resolve the dispute for 30 days; either may seek urgent protective relief or file to preserve a limitation period.

Except as stated below, unresolved disputes arising out of these Terms or the Service will be resolved by one neutral arbitrator administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and applicable fee schedule, available at adr.org. The Federal Arbitration Act governs this arbitration agreement. If AAA determines consumer rules must apply, those rules and mandatory consumer protections control. Hearings are remote unless the parties agree otherwise or the arbitrator determines an in-person hearing is necessary; an in-person hearing will be in Fulton County, Georgia, subject to mandatory law. The arbitrator may award the individual relief available in court, must issue a reasoned written decision, and allocates fees as the applicable rules and law require. Judgment on an award may be entered in a court with jurisdiction.

A court, not the arbitrator, decides whether an arbitration agreement was formed and disputes about its validity, enforceability, scope, or the class-action waiver. Either party may bring an eligible individual small-claims action or seek temporary court relief to protect intellectual property, confidential information, or data pending arbitration. Government complaints and nonwaivable rights to public injunctive relief are not restricted. Claims that legally cannot be arbitrated remain in court.

Disputes must proceed individually, not as class, collective, consolidated, or representative proceedings, except where such a waiver is legally prohibited. If the waiver is unenforceable for a particular claim or remedy, that portion proceeds in court; enforceable individual claims remain in arbitration. If AAA will not administer the dispute, the parties may agree on another administrator; absent agreement within 30 days, the dispute proceeds in the courts below rather than under unspecified arbitration rules.

You may opt out of arbitration and the class-action waiver by emailing hello@foresioai.com within 30 days after first accepting these Terms, identifying your name, business, account email, and decision to opt out. Opting out does not affect Service access or other Terms. A previous valid opt-out remains effective.

Georgia law governs these Terms, excluding its conflict-of-laws rules, except where federal or other mandatory law controls. Subject to the exceptions above, nonarbitrated disputes belong in the state courts in Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia, Atlanta Division, and both parties consent to those courts’ jurisdiction.

17. General terms and contact

These Terms, Appendix A, and any signed order form are the entire service agreement. The Privacy Policy remains the applicable notice of our information practices. A waiver must be express; failure to enforce once is not an ongoing waiver. An unenforceable provision is severed to the extent permitted without defeating the remaining agreement, subject to Section 16. Neither party is the other’s employee, partner, or general agent.

You may assign this agreement with our consent, not unreasonably withheld. Foresio may assign it in a merger, reorganization, or sale of the relevant business only if the successor assumes our obligations, including data protections, and you receive notice. Assignment is not permission to sell Customer Data separately or expand its use.

Accrued payment obligations, retained-output rights, confidentiality, data restrictions, retention/deletion duties, Appendix A while data remains, liability provisions, indemnification for covered conduct, dispute terms, and provisions that by nature must survive continue after termination. Notices to Foresio, including privacy requests, legal notices, billing questions, and arbitration opt-outs, may be sent to hello@foresioai.com. Support is also available through Contact Us in the Service and foresioai.com.

Appendix A — Data Processing Addendum

A1. Scope and instructions

This Addendum is part of the Terms and applies to personal information Foresio processes on behalf of the Customer (“Customer Personal Data”). Customer acts as controller/business, or as an authorized processor directing Foresio as subprocessor; Foresio acts as processor/service provider to the extent those roles apply under applicable law. Foresio separately determines purposes for its own account administration, billing, security, legal compliance, and direct business contacts, as described in the Privacy Policy. Roles depend on actual processing and law, not labels alone.

Your documented instructions comprise these Terms, your enabled features and approved actions, and lawful written requests consistent with the Service. You must have necessary rights and provide required notices and consents. Foresio will notify you if it believes an instruction violates applicable privacy law and may pause that instruction pending resolution. You may not instruct processing outside this Addendum without a lawful written agreement.

A2. Purpose restrictions

Foresio will process Customer Personal Data only for the limited purposes above and your lawful documented instructions, except legally required processing. Foresio will not sell it; share it for cross-context behavioral advertising; use it for its own marketing or general/shared model training; retain, use, or disclose it outside the direct relationship or agreed purposes except as law permits; or combine it with another client’s personal information or its own independent consumer records except where expressly permitted by applicable law to perform the agreed services. Section 10’s de-identified training permission does not authorize training on Customer Personal Data or override applicable service-provider restrictions. Foresio certifies that it understands these restrictions and will comply with them.

A3. Security and incidents

Foresio will maintain reasonable administrative, technical, and organizational safeguards appropriate to the data and risk, including encrypted transmission, access restrictions by role and client account, protection of stored credentials, privileged-access controls, access/action logging, vendor diligence, and incident-response and deletion procedures. Authorized personnel must be bound to confidentiality. We will not use production guest data in an unsecured public development or test environment.

Foresio will notify Customer without undue delay after becoming aware of a confirmed breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Customer Personal Data, and in any event within 48 hours after that awareness. Initial notice need not await a completed investigation; available details and mitigation information will be supplemented as learned. Foresio will investigate, mitigate, preserve necessary evidence, and reasonably assist legally required notifications. Notice is not an admission of liability. Each party remains responsible for notices the law assigns to it.

A4. Subprocessors and locations

Customer generally authorizes necessary subprocessors described in Privacy Policy Section 5. Foresio maintains and will provide on request their current identities, functions, and processing locations, including underlying AI providers and selected OCR/email providers. A vendor category does not authorize unrestricted disclosure to any vendor in that category. Foresio must select the provider, assess its processing, and bind it to written confidentiality, security, purpose, rights-assistance, and deletion obligations appropriate to this Addendum before disclosing Customer Personal Data. Foresio remains responsible for its subprocessors’ performance of delegated obligations.

For a planned new or replacement subprocessor handling Customer Personal Data, Foresio gives at least 30 days’ email notice before access. Customer may object during that period on reasonable data-protection grounds. The parties will seek a reasonable alternative; if none resolves the objection, Customer may terminate the affected Service before access begins and receive unused prepaid fees for it. An urgent change necessary for security or service continuity receives notice as soon as practicable, with the same objection/remedy process. Independent connected platforms and public destinations are not automatically subprocessors for every activity.

The Service is for U.S. restaurants, but providers or support personnel may process data outside the United States. Foresio will use transfer safeguards required by applicable law and will not rely solely on a user’s agreement to these Terms as a substitute. If processing requires a jurisdiction-specific transfer addendum or additional arrangement, the parties must put it in place before that processing occurs.

A5. Assistance, oversight, and return

Foresio will reasonably assist with applicable access, correction, deletion, portability, opt-out, and other individual rights requests, security obligations, impact assessments, and regulator inquiries concerning the processing it performs. It will forward requests concerning Customer-controlled records to Customer unless legally required to respond directly. Customer directs lawful responses; Foresio’s ordinary export restrictions do not prevent them.

Foresio will provide information reasonably necessary to demonstrate compliance and permit reasonable assessments or audits of relevant processing, subject to confidentiality and protection of other clients’ information. Existing reports may be used first where sufficient; they do not eliminate an inspection legally required or reasonably necessary to investigate an incident or credible noncompliance. Routine audits generally occur with reasonable notice during business hours no more than annually; law, incidents, or credible noncompliance may justify additional review. Routine extraordinary assistance costs may be agreed in advance, but charges will not obstruct legally required rights, and Foresio bears reasonable costs of remediating its own breach.

Foresio will notify Customer if it determines it can no longer meet applicable data-protection obligations. Customer may take reasonable steps to stop and remediate unauthorized processing, including requiring restriction, deletion verification, and termination of affected processing. Foresio will return or delete Customer Personal Data on a lawful instruction or closure under Section 11, subject to the stated, limited legal and evidence exceptions. Retained copies stay protected and may not be reused for unrelated purposes. On request, Foresio will confirm completion of deletion and identify any limited retained categories and reasons.