These Terms of Service (“Terms”) are an agreement between Tomorrow Group LLC (“Tomorrow Group,” “we,” “us”) and the business that creates a Hey Bistro organization (“Customer”), and they also apply to each person who uses Hey Bistro (“you”). By creating an account, accepting an invitation, or using Hey Bistro, you agree to these Terms and to our Privacy Policy. If you accept on behalf of a business, you confirm you are authorized to bind it.

Hey Bistro is a cloud service that lets restaurants organize their information (such as menus, recipes, wine and cocktail lists, policies and training material) and let their staff ask an AI assistant about it, by typing or by voice. It also includes team management, announcements, usage insights for managers, and team communication features, some of which are marked as coming soon. Features may change over time as described in section 25.

• The person who creates an organization becomes its owner and may add locations and invite others.
• You must provide accurate information and keep your sign-in credentials confidential.
• The Customer is responsible for activity under its organization, and for promptly removing people who should no longer have access.
• Tell us promptly at [SUPPORT EMAIL REQUIRED] if you believe an account has been compromised.

The Customer may invite its employees and contractors (“Authorized Users”) and assign them roles (owner, manager or employee). Access to information depends on those roles and on location. The Customer is responsible for:

• choosing whom to invite and with what role;
• its Authorized Users' compliance with these Terms;
• giving its Authorized Users any notices, and obtaining any consents, required by law for their use of Hey Bistro, including voice features.

Authorized Users must be at least 13 years old and permitted by law to use the service.

“Customer Content” means the files, text and other information the Customer or its Authorized Users put into Hey Bistro. This includes documents, announcements, and the questions staff ask together with the answers generated from them. The Customer is responsible for having the rights to upload its content and for its accuracy, including allergen and ingredient information.

The Customer keeps all rights, title and interest in its Customer Content, including its recipes, menus, policies and other proprietary documents. Nothing in these Terms transfers ownership of Customer Content to Tomorrow Group.

The Customer grants Tomorrow Group a limited, non-exclusive, worldwide, royalty-free license to host, store, copy, transmit, process, index, embed, retrieve and display Customer Content, only as needed to:

• provide Hey Bistro to the Customer and its Authorized Users;
• secure the service and prevent abuse;
• provide support the Customer requests;
• comply with law.

This includes sending Customer Content to our service providers as described in the Privacy Policy. We do not use Customer Content to train AI models, and we do not sell it. This license ends when Customer Content is deleted, except for copies kept in backups or as required by law until they expire.

We treat Customer Content as the Customer's confidential information. We use it only to provide the service under these Terms. We limit access to it within Tomorrow Group to people who need it to operate, secure or support Hey Bistro, and we protect it with the safeguards described in the Privacy Policy. We may disclose it if required by law, and where legally permitted we will tell the Customer first.

Hey Bistro uses third-party AI services (currently OpenAI) to make Customer Content searchable, answer questions, transcribe spoken questions and read answers aloud. To do this, relevant Customer Content and questions are sent to those services as described in the Privacy Policy. Answers are generated from the Customer's own information where available, and may include general knowledge where the Customer's information does not cover a question. Answers of that kind are labeled.

AI-generated answers can be inaccurate, incomplete or out of date, even when based on the Customer's own documents. Hey Bistro is an aid for staff, not a substitute for the Customer's judgment, training, or confirmation with the kitchen or a manager.

• Allergy, dietary and food-safety information must always be confirmed with the kitchen or a manager before it is relied on or passed to a guest.
• The Customer is responsible for keeping its documents accurate and current, and for how its staff use answers.
• Hey Bistro does not provide legal, medical, health, or food-safety advice.

Hey Bistro includes voice features such as asking the assistant by voice and having answers read aloud, and may offer team communication features such as push-to-talk between staff. The Customer is responsible for using these features lawfully, including any notice or consent required for recording or transmitting voice in its workplace. Communication features depend on devices, networks and third-party services, and may be delayed or unavailable. They must not be relied on for emergencies.

You agree not to:

• access or attempt to access another customer's data or any part of the service you are not authorized to use;
• probe, scan or test the service's security, or bypass its access controls or rate limits;
• upload malware, or content you do not have the right to use;
• upload content that is unlawful, infringing, or harassing;
• use Hey Bistro to harass, discriminate against, or unlawfully monitor anyone;
• attempt to manipulate the AI into producing harmful content, or to reveal system instructions;
• reverse engineer or copy the service, or use it to build a competing product;
• resell or share access outside the Customer's organization without our written permission.

Hey Bistro is sold per restaurant location, on a monthly or annual subscription at the prices shown on our website and at checkout when you subscribe. Any promotional price or discount code applies only as described in the offer, for the stated period and number of customers. After that, the regular price applies.

Only an organization's owner can start, change or cancel a subscription. We do not currently offer a free trial.

Payments are processed by Stripe. By subscribing, you authorize us, through Stripe, to charge the payment method you provide for each billing period, plus any applicable taxes. If you switch between monthly and annual billing, Stripe calculates a prorated adjustment for the change.

If a payment fails, Stripe may retry it. Access for that location may be limited or suspended if payment remains outstanding.

Subscriptions renew automatically at the end of each billing period (monthly or yearly) at the then-current price, unless canceled before the renewal date. We will notify owners in advance of any price increase that applies at renewal.

An owner can cancel at any time from Manage billing in Hey Bistro, which opens Stripe's billing portal. Cancellation takes effect at the end of the current billing period. The location keeps access until then, and is not charged again.

[REFUND POLICY REQUIRED]

Hey Bistro relies on third-party services, including Supabase (hosting of data), OpenAI (AI features) and Stripe (payments), as listed in the Privacy Policy. Their availability and terms are outside our control. We are not responsible for third-party products the Customer chooses to use with Hey Bistro, such as devices or headsets.

Tomorrow Group and its licensors own Hey Bistro, including its software, design, and trademarks such as “Hey Bistro.” We grant the Customer and its Authorized Users a limited, non-exclusive, non-transferable right to use Hey Bistro during the subscription, under these Terms. If you send us feedback, we may use it without obligation to you, but we will not identify you or use your Customer Content in doing so.

We work to keep Hey Bistro available and secure, but it is provided without a guaranteed uptime. It may be interrupted for maintenance, updates, or reasons outside our control.

We may suspend or end access, with notice where reasonable, if:

• these Terms are materially breached;
• payment is overdue;
• the account's use threatens the security or operation of the service or other customers;
• we are required to by law.

The Customer may stop using Hey Bistro at any time. After an organization's subscription ends or it is terminated, the owner may request deletion of its data as described in the Privacy Policy.

Sections 6, 10, 19, 22, 23, 24 and 26 survive termination, as does any other term that by its nature should survive.

Except as expressly stated in these Terms, Hey Bistro is provided “as is” and “as available,” and Tomorrow Group disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that AI-generated answers will be accurate or complete, or that the service will be uninterrupted or error-free.

To the fullest extent permitted by law, Tomorrow Group will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Its total liability arising from these Terms or Hey Bistro will not exceed the amount the Customer paid for Hey Bistro in the [LIABILITY PERIOD, E.G. 12 MONTHS, REQUIRED] before the claim arose.

The Customer will defend and indemnify Tomorrow Group against third-party claims arising from:

• its Customer Content, including inaccurate allergen or ingredient information;
• its or its Authorized Users' use of Hey Bistro in violation of these Terms or the law.

We may improve, change or discontinue features. We may update these Terms, and will post the new version here with a new effective date. For material changes, we will notify owners by email or in the app at least [NOTICE PERIOD REQUIRED] before they take effect. Continued use after that date means acceptance of the updated Terms.

These Terms are governed by the laws of the State of [GOVERNING STATE REQUIRED], without regard to conflict-of-law rules. Disputes will be resolved in the state or federal courts located in [VENUE REQUIRED].

Tomorrow Group LLC
[BUSINESS ADDRESS REQUIRED]
Support: [SUPPORT EMAIL REQUIRED]
Legal notices: [LEGAL NOTICE EMAIL REQUIRED]