Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) form a binding agreement between Foresio AI, LLC, a Georgia limited liability company (“Foresio,” “we,” “us,” or “our”), and the person or entity that registers for or uses the Foresio platform (“Customer,” “you,” or “your”). By creating an account, accessing, or using the Foresio platform, including the SMS based agent communications, dashboard, and any related services (collectively, the “Service”), you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Service.

If you are entering into these Terms on behalf of a business entity, you represent that you have authority to bind that entity, and “you” refers to that entity.

2. Description of Service

Foresio provides an AI native restaurant management platform that deploys automated software agents (“Agents”) to assist independent restaurant operators with operational intelligence, delivered primarily through SMS text messages and a web dashboard. The Service is offered in multiple subscription tiers, which may be updated from time to time. Current tier composition, pricing, and features are described at checkout and in your account dashboard, which control over any conflicting description elsewhere.

The Service relies on data provided by you, data pulled from your point of sale (“POS”) system, data from other platforms you connect as described in Section 5, and outputs generated by artificial intelligence models operated by third parties. Agent outputs are generated probabilistically and may be incomplete, delayed, or incorrect. The Service is a decision support tool. You remain solely responsible for all business, staffing, pricing, inventory, and operational decisions made using or informed by the Service.

3. Eligibility and Account Registration

To create an account and enter into these Terms as the contracting party, you must be at least eighteen (18) years old and have the legal capacity to enter into a binding contract. Account creation requires an affirmative certification of age; Foresio does not independently verify age beyond this certification. A person between the ages of sixteen (16) and seventeen (17) may use the Service solely as an authorized user under an account owned and controlled by a person eighteen (18) or older, for example as restaurant staff receiving Agent SMS communications, but may not be the contracting account owner, may not enter billing information, and may not agree to these Terms on their own behalf. The Service is not directed to, and may not be used by, any person under the age of sixteen (16).

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must provide accurate, current registration information and keep it updated.

4. Subscription Plans, Billing, and Cancellation

4.1 Monthly Subscriptions

Monthly subscriptions are billed monthly in advance, beginning on the date of initial signup, and automatically renew each month on the same billing date unless cancelled in accordance with this Section. All payments are processed by Stripe, Inc., a third party payment processor. Foresio does not directly store your full payment card number.

• Auto-renewal: your subscription renews automatically each month at the then-current price for your selected tier unless you cancel before the next billing date.
• Cancellation: you may cancel at any time through your account settings. Cancellation takes effect at the end of the current billing cycle. You retain access through that period and will not be charged for the following cycle.
• Refunds:fees already charged are non-refundable except as set out below. To request a refund, contact Foresio through the Contact page of the Service. Foresio will consider refund requests submitted within seven (7) days of a charge where the Service was materially unavailable or unusable due to a verified Foresio-side error, at Foresio’s reasonable discretion. Refunds are not available for partial month cancellations, dissatisfaction with Agent outputs, or failure to use the Service.
• Price changes:Foresio may change subscription pricing on prospective billing cycles with at least thirty (30) days’ notice to the email or SMS contact on file. Continued use after a price change takes effect constitutes acceptance.
• Taxes: fees are exclusive of applicable taxes, which you are responsible for except where Foresio is required by law to collect them.

4.2 Annual Subscriptions

If you select an annual billing option, your subscription is billed in advance for a twelve (12) month term and automatically renews for successive twelve (12) month terms unless you cancel at least thirty (30) days before the renewal date. Annual fees are non-refundable except as described in the refund provision of Section 4.1, applied on the same terms. If you cancel an annual subscription before the end of its term, you retain access through the end of the then-current term, and no partial refund is issued for the unused portion, except as described in Section 4.1.

4.3 Enterprise and Multi-Location Agreements

Foresio Command and other multi-location arrangements are governed by a separately signed Order Form specifying the term length, per location pricing, minimum location commitment, and any additional terms applicable to that Customer. Where a signed Order Form conflicts with these Terms, the Order Form controls for that Customer.

5. POS Integration and Connected Platforms

If you connect a point of sale system, or any other platform described in Section 2.3 of the Privacy Policy, to the Service, you authorize Foresio to access, via an API key or comparable credential that you provide and control, the data made available through that connection for the purpose of operating the Service. You represent and warrant that you have the right to provide Foresio with this access and to permit Foresio to process the data described in Section 8 and in the Privacy Policy, including any data relating to your own customers that may be included in that data, for example guest names, order history, or loyalty data.

You are responsible for revoking API access promptly upon termination of these Terms or upon any change in your right to share that data with Foresio.

6. SMS and Text Message Communications

6.1 Communications From Foresio to You

The Service delivers Agent outputs, account notices, and operational alerts primarily by SMS text message to the mobile number associated with your account, using Twilio, Inc. as Foresio’s messaging subprocessor. By providing a mobile number and completing the SMS consent step at signup, you agree to receive text messages from Foresio, including automated and AI-generated messages, at the frequency associated with your account activity and subscription tier, which may be frequent given the operational, near-real-time nature of the Service.

• Consent is obtained through an affirmative, unchecked opt-in action at signup that discloses the Foresio name, the nature of messages you will receive, approximate frequency, that message and data rates may apply, and that consent is not a condition of purchasing the Service.
• You may opt out of non-essential messages at any time by replying STOP, or by any other reasonable method, and Foresio will process opt-out requests promptly and no later than ten (10) business days. Reply HELP for assistance. Certain account-critical, non-marketing notices may continue by email even after SMS opt-out where permitted by law.
• Foresio does not sell, rent, or share your mobile number or SMS opt-in status with unaffiliated third parties for their own marketing purposes.
• You represent that the mobile number you provide is your own or one you are authorized to enroll, and that you will promptly update your account if the number changes or is reassigned.

Foresio will not send SMS communications outside of legally permitted hours for your registered time zone for any content that is promotional in nature.

6.2 Agent Communications to Your Customers

Certain Agents, including the Win-Back Engine, Slow Period Promo, Private Guest Feedback Collector, and any review request functionality, send SMS or other messages directly to your own restaurant’s customers, using Twilio’s infrastructure as provisioned through the Service, at your direction and using contact information you provide through your POS, reservation, or loyalty data.

• You, and not Foresio, are the sender of record for purposes of the Telephone Consumer Protection Act and any other applicable telemarketing or consumer protection law with respect to these messages.
• You represent and warrant that you have obtained valid, lawful consent from each customer contacted through these Agents before enabling the relevant Agent, and that you will promptly honor any opt-out request from your own customers.
• Foresio does not verify your customers’ consent and provides the underlying technology only. You are solely responsible for the content, timing, frequency, and legality of these communications.
• This Section 6.2 is subject to the indemnification obligations in Section 15, which apply regardless of whether the messages were transmitted through Foresio’s SMS infrastructure.

7. Data and Intellectual Property Ownership

As between you and Foresio, ownership is allocated as follows:

• Your Data.You retain all right, title, and interest in the data you provide to Foresio and the data pulled from your POS system, including your transaction records, menu data, and any of your own customers’ data contained within it (“Your Data”). You grant Foresio a non-exclusive, worldwide license to host, process, and use Your Data solely to provide, maintain, and improve the Service for you.
• Your Outputs.Agent-generated insights, alerts, and recommendations generated specifically for your account (“Your Outputs”) are made available to you for your internal business use for as long as your subscription remains active.
• Aggregated Data. Foresio may create and own aggregated, de-identified data derived from Your Data and Your Outputs across its customer base, including through the Benchmark Dashboard where you have chosen to enable it, provided that such aggregated data does not identify you, your business, or any individual, and is not shared or sold as raw customer data. Foresio may use aggregated data to operate, improve, and benchmark the Service.
• Foresio IP. Foresio retains all right, title, and interest in the Service itself, including the Agents, underlying software, models, platform design, and all associated intellectual property. Nothing in these Terms transfers any ownership of the platform to you.

8. Processing of Your Customers’ Data

To the extent Your Data includes personal information about your own restaurant’s customers, for example guest names, contact details, order history, or loyalty information obtained through your POS or reservation systems, Foresio processes that information solely on your behalf and in accordance with your instructions, for the purpose of providing the Service. As between you and your customers, you remain the party responsible for having a lawful basis to collect and share that information with Foresio, for maintaining your own privacy notices to your customers, and for responding to any requests from your customers regarding their data. Foresio acts as a service provider or processor with respect to this data and will not use it for any purpose other than providing the Service to you, except as permitted for aggregated, de-identified data under Section 7. Your obligations with respect to Agent communications sent directly to your customers are set out specifically in Section 6.2.

Additional processing terms applicable to this category of data are set out in the Data Processing Terms section of the Privacy Policy, which are incorporated into these Terms.

9. Third-Party Services and Subprocessors

The Service relies on the following categories of third-party providers, which may be updated from time to time with notice through the Service or Privacy Policy:

• Infrastructure subprocessors: payment processing (Stripe, Inc.); SMS delivery (Twilio, Inc.); hosting (Netlify, Inc.); and AI model routing and inference (OpenRouter, Inc. and the underlying model providers it routes to).
• Connected platforms: review platforms (Google Business Profile, Yelp, TripAdvisor), delivery platforms (DoorDash, Uber Eats, Grubhub), payroll platforms (Gusto, ADP, QuickBooks Payroll), and weather or local event data providers, each connected only where you enable the corresponding Agent.

Your use of the Service constitutes acceptance that data necessary to operate the Service will be transmitted to these providers for the limited purpose of delivering the Service. Foresio selects subprocessors that contractually commit to confidentiality and data protection obligations consistent with this Agreement, but Foresio does not control, and is not liable for, the independent acts of these third parties outside of Foresio’s reasonable control.

10. Referral Program

Foresio may offer an optional referral program under which you may receive account credit or, at higher participation levels, cash rewards for referring new Customers. Participation is voluntary and governed by the Referral Program Terms made available to enrolled participants, which are incorporated into these Terms for participating Customers. Foresio may require tax documentation for cash rewards and may modify, suspend, or terminate the referral program, or any individual account’s participation in it, at its discretion, including for suspected fraud or self-referral.

11. Acceptable Use

You will not: (a) use the Service to violate any law, including telemarketing, data protection, or consumer protection law; (b) attempt to reverse engineer, decompile, or extract the underlying models or source code of the Service; (c) use the Service to process data you do not have the right to share; (d) resell or provide the Service to third parties without Foresio’s written consent; or (e) interfere with the security or integrity of the Service.

12. Confidentiality

Each party will protect the other’s non-public business, technical, and financial information disclosed in connection with the Service with the same degree of care it uses for its own confidential information of similar nature, and not less than reasonable care, and will not disclose it to third parties except as needed to perform under these Terms, as required by law, or as otherwise permitted here.

13. Disclaimers

THE SERVICE, INCLUDING ALL AGENT OUTPUTS, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. FORESIO DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR THAT AGENT OUTPUTS WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR OPERATIONAL, FINANCIAL, OR STAFFING DECISION. FORESIO DOES NOT PROVIDE ANY UPTIME OR SERVICE LEVEL GUARANTEE UNDER THESE TERMS UNLESS SEPARATELY AGREED IN A SIGNED ENTERPRISE ORDER FORM. YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING ANY OUTPUT BEFORE RELYING ON IT FOR A MATERIAL BUSINESS DECISION.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FORESIO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, OR LOST DATA, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF FORESIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FORESIO’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE TOTAL FEES YOU PAID TO FORESIO IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. This limitation applies regardless of the legal theory of liability and even if a remedy fails its essential purpose.

Some jurisdictions do not allow the exclusion of certain damages, so portions of this Section may not apply to you.

15. Indemnification

You will indemnify, defend, and hold harmless Foresio and its officers, employees, and contractors from any third-party claim arising from: (a) Your Data or your use of the Service in violation of these Terms or applicable law; (b) your failure to have the right to share data, including your customers’ data, with Foresio; or (c) your violation of applicable telemarketing, SMS, or consumer protection law, including with respect to Agent communications sent to your own customers under Section 6.2, regardless of whether those communications were transmitted through Foresio’s SMS infrastructure.

16. Term and Termination

These Terms remain in effect while you maintain an active subscription. Foresio may suspend or terminate your access for material breach of these Terms, non-payment, or conduct that creates legal or security risk, with notice where reasonably practicable. Upon termination, your license to use the Service ends. Sections 7, 8, 12, 13, 14, 15, 18, and 19 survive termination. Foresio will handle Your Data on termination as described in the Privacy Policy.

17. Modifications to the Service or These Terms

Foresio may modify the Service or these Terms from time to time. Material changes to these Terms will be communicated by email or in-app/SMS notice at least fourteen (14) days before taking effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree, you must cancel your subscription before the effective date.

18. Dispute Resolution; Binding Arbitration; Class Action Waiver

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

• Informal resolution first. Before filing a claim, you and Foresio agree to attempt in good faith to resolve any dispute informally by contacting Foresio through the Contact page.
• Binding arbitration. Any dispute arising out of or relating to these Terms or the Service that is not resolved informally within thirty (30) days will be resolved by binding arbitration administered under the rules of a recognized arbitration organization, such as the American Arbitration Association, rather than in court, except that either party may bring an individual claim in small claims court if it qualifies, and Foresio may seek injunctive relief in court to protect its intellectual property or confidential information.
• Class action waiver. You and Foresio agree that any arbitration or proceeding will be conducted only on an individual basis and not as a class, collective, or representative action. The arbitrator may not consolidate claims of more than one party.
• Opt-out. You may opt out of this arbitration provision by sending written notice to Foresio within thirty (30) days of first accepting these Terms, identifying your name and account and stating you opt out of arbitration. If you opt out, disputes will proceed in the courts identified in Section 19.

19. Governing Law and Venue

These Terms are governed by the laws of the State of Georgia, without regard to conflict of laws principles. Subject to Section 18, the state and federal courts located in Georgia will have exclusive jurisdiction over any dispute not subject to arbitration.

20. Age Requirement (Restatement)

As stated in Section 3, the contracting account owner must be at least eighteen (18) years old. The Service is not directed at, and Foresio does not knowingly permit account ownership by, anyone under sixteen (16). Authorized users aged sixteen or seventeen may only use the Service under the supervision and account of an adult account owner who accepts responsibility for that use.

21. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy and any signed order form, constitute the entire agreement between the parties regarding the Service.
• Severability. If any provision is found unenforceable, the remaining provisions remain in full effect, and the unenforceable provision will be reformed to the minimum extent necessary.
• Assignment.You may not assign these Terms without Foresio’s written consent. Foresio may assign these Terms in connection with a merger, acquisition, or sale of assets.
• No waiver.Foresio’s failure to enforce a provision is not a waiver of its right to do so later.
• Notices. Foresio may provide notices to you via the email or phone number on your account. You may provide notice to Foresio through the Contact page of the Service.

22. Contact

Questions about these Terms, billing, or refund requests should be directed to Foresio through the Contact page at foresioai.com, or to the business address on file for Foresio AI, LLC, Georgia.