Terms of Service | Finitless

Welcome to Finitless. These Terms of Service ("Terms") govern your access to and use of the Finitless website, applications, AI-powered services, messaging tools, and related products (collectively, the "Services") provided by Finitless, Inc. ("Finitless," "Company," "we," "us," or "our").

By accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

Please read these Terms carefully before using our Services. If you do not agree to these Terms, do not use the Services.

1. Definitions

Customer

"Customer"

"You"

means the individual or entity that registers for and uses the Services.

End User

"End User"

means any person who interacts with your business through the Services (e.g., restaurant customers placing orders).

Content

"Content"

means any text, images, data, menus, pricing, or other materials you upload, submit, or transmit through the Services.

Platform

"Platform"

means the Finitless software, APIs, integrations, and infrastructure that power the Services.

Subscription

"Subscription"

means the paid plan you select to access the Services.

2. Eligibility

You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that:

You are at least 18 years old
You have the legal capacity to enter into a binding agreement
You are not prohibited from using the Services under applicable law
If acting on behalf of an organization, you have authority to bind that organization

3. Description of Services

Finitless provides AI-powered ordering and customer communication tools for restaurants and food service businesses. Our Services may include:

AI-assisted order processing and management
Customer messaging and communication tools (including WhatsApp, SMS, and other channels)
Menu management and digital ordering solutions
Analytics and business insights
Integration with third-party platforms and services
Customer relationship management features

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice.

4. Account Registration & Security

To use certain features of the Services, you must create an account. You agree to:

Provide accurate, current, and complete information during registration
Maintain and promptly update your account information
Keep your password secure and confidential
Notify us immediately of any unauthorized access to your account
Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that contain false or misleading information, or that we reasonably believe have been compromised.

5. Subscription, Fees & Payment

Subscription Plans

Access to certain features requires a paid Subscription. Details of available plans, features, and pricing are available on our website or upon request.

Billing & Payment

Subscriptions are billed in advance on a recurring basis (monthly or annually, depending on your plan)
All fees are quoted and payable in U.S. dollars unless otherwise specified
By providing a payment method, you authorize us to charge applicable fees to that payment method

We use Stripe, Inc. as our payment processor. By using the Services, you agree to Stripe's

Services Agreement

Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. Monthly plans renew for an additional month; annual plans renew for an additional year.

Price Changes

We may change our prices with at least 30 days' notice. Price changes will take effect at the start of your next billing period following the notice.

Late Payment

If payment is not received within 14 days of the due date, we may suspend your access to the Services until payment is made. We are not liable for any loss or damage resulting from suspension due to non-payment.

Taxes

You are responsible for all applicable taxes, duties, and government charges related to your use of the Services, excluding taxes based on our net income.

6. Free Trials & Cancellation

Free Trials

We may offer free trial periods for certain Services. At the end of the trial period, your account will automatically convert to a paid Subscription unless you cancel before the trial ends. You may be required to provide payment information to start a free trial.

Cancellation

You may cancel your Subscription at any time through your account settings or by contacting us
Cancellation takes effect at the end of your current billing period
You will continue to have access to the Services until the end of your paid period
No refunds are provided for partial billing periods or unused time

Refund Policy

We offer a 14-day money-back guarantee for new Subscriptions. If you are not satisfied with the Services within 14 days of your initial purchase, contact us for a full refund. After 14 days, no refunds will be provided. Custom development work is non-refundable after 24 hours from delivery.

7. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

Violate any applicable laws, regulations, or third-party rights
Use the Services for any fraudulent, deceptive, or illegal activity
Send spam, unsolicited messages, or messages to users who have not opted in
Harass, abuse, or harm any person or entity
Transmit malware, viruses, or other harmful code
Attempt to gain unauthorized access to the Services or other systems
Reverse engineer, decompile, or disassemble any part of the Services
Circumvent any security measures or access restrictions
Use the Services to collect data without proper consent
Resell, sublicense, or redistribute the Services without our written permission
Use the Services in any manner that could damage, disable, or impair the Platform
Impersonate any person or entity or misrepresent your affiliation
Share account credentials or allow multiple users to access a single account

8. Messaging Services

The Services include messaging capabilities through various channels, including WhatsApp Business, SMS, and other platforms. When using these features:

Compliance Requirements

You must obtain valid opt-in consent from End Users before sending messages
You must honor all opt-out requests promptly
You must comply with all applicable messaging laws and regulations (including TCPA, GDPR, and local laws)
You must not send prohibited content (spam, illegal content, hate speech, etc.)

WhatsApp Business

If you use WhatsApp Business features through our Services, you agree to comply with

WhatsApp's Business Policy

and

WhatsApp Business Terms of Service

. Key requirements include:

Only send messages to users who have provided their phone number and opted in
Use message templates approved by Meta for business-initiated conversations
Respond to user inquiries within 24 hours when possible
Do not use WhatsApp for prohibited categories (gambling, adult content, etc.)
Do not share sensitive personal information through messaging

Messaging Fees

Messaging services may incur additional fees based on volume, channel, and region. Current pricing is available in your account dashboard or upon request.

SMS/Text Messaging Terms

Program: Finitless OTP Verification

We offer SMS text messaging for one-time password (OTP) delivery for secure login and account verification. By opting in to receive SMS messages, you agree to the following:

SMS messages are used exclusively for account security purposes (OTP codes for login and verification)
Message frequency varies based on your login and verification activity
Standard message and data rates may apply based on your carrier plan
You must provide valid consent before receiving SMS messages
Consent to receive SMS messages is not a condition of purchase or service use

How to Opt Out

You may opt out of SMS messages at any time:

STOP

to any SMS message from Finitless

Note: Opting out of SMS may limit your ability to use OTP-based login and verification features.

Getting Help

For assistance with SMS messaging, reply

HELP

to any message or email support@finitless.com.

Carrier Liability

Mobile carriers are not liable for delayed or undelivered messages. Message delivery is subject to your carrier's network conditions and coverage.

Consent Confirmation

By providing your phone number and agreeing to receive SMS messages, you expressly consent to receive automated text messages from Finitless at the phone number provided. Consent is not a condition of purchase.

SMS Order Assistance Program Terms

Program: Finitless Order Assistance SMS

Finitless provides messaging infrastructure for participating restaurant brands to help customers place orders via SMS after IVR consent.

SMS is sent only after you provide explicit consent through the IVR system (by pressing the designated key)
Message frequency varies based on your interaction (typically one message per request)
Standard message and data rates may apply based on your carrier plan
Consent is provided through the IVR interaction, not as a condition of purchase

How to Opt Out

You may opt out of SMS messages at any time:

STOP

to any SMS message

Getting Help

For assistance with SMS messaging, reply

HELP

to any message or email support@finitless.com.

Consent Confirmation

By pressing the designated key in the IVR system, you expressly consent to receive a transactional SMS message from Finitless on behalf of the participating restaurant. Consent is not a condition of purchase.

Eligibility

You must be the authorized user of the mobile phone number to consent to receiving SMS messages.

Finitless provides messaging infrastructure on behalf of participating restaurant brands.

9. AI Services & Limitations

Our Services incorporate artificial intelligence and machine learning technologies. You acknowledge that:

AI-generated outputs may not always be accurate, complete, or appropriate
You are responsible for reviewing and verifying AI-generated content before use
AI features are tools to assist your business, not replacements for human judgment
We continuously improve our AI systems, which may result in changes to outputs over time
You must not use AI features to generate illegal, harmful, or misleading content

We do not guarantee any specific results from the use of AI features.

10. Your Content

Ownership

You retain ownership of all Content you submit to the Services. By submitting Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your Content solely to provide and improve the Services.

Your Responsibilities

You are solely responsible for the accuracy and legality of your Content
You must have all necessary rights and permissions to submit Content
You must ensure your Content does not infringe third-party rights
You must ensure menu items, pricing, and business information are accurate

Content Removal

We may remove or disable access to Content that violates these Terms or applicable law, without prior notice.

11. Intellectual Property

Our Rights

The Services, including all software, designs, text, graphics, logos, and other materials, are owned by Finitless or our licensors and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Services without our written permission.

Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes, subject to these Terms.

Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant us the right to use such feedback without restriction or compensation to you.

Trademark Usage

You may identify yourself as a Finitless customer, but you may not use our trademarks, logos, or branding in any way that suggests endorsement or partnership without our written consent.

12. Third-Party Services & Integrations

The Services may integrate with or link to third-party services, including:

Payment processors (Stripe)
Messaging platforms (WhatsApp, SMS providers)
POS and restaurant management systems
Delivery and logistics platforms
Analytics and marketing tools

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for third-party services, including their availability, accuracy, or compliance with their terms.

Third-party platforms may change, deprecate, or discontinue their APIs or services at any time. We are not liable for any disruption to the Services caused by third-party changes.

13. Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our

, which is incorporated into these Terms by reference. By using the Services, you consent to the collection and use of information as described in the Privacy Policy.

You are responsible for ensuring that your collection and use of End User data through the Services complies with applicable privacy laws and your own privacy policy.

14. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
Warranties that the Services will be uninterrupted, error-free, or secure
Warranties regarding the accuracy, reliability, or completeness of any content or information
Warranties that the Services will meet your specific requirements or expectations

You use the Services at your own risk. We do not guarantee any specific business results from using the Services.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FINITLESS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

Loss of profits, revenue, or business
Loss of data or content
Business interruption
Loss of goodwill or reputation
Cost of substitute services

This applies regardless of the theory of liability (contract, tort, strict liability, or otherwise), even if we have been advised of the possibility of such damages.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) $100 USD, OR (B) THE TOTAL AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

16. Indemnification

You agree to indemnify, defend, and hold harmless Finitless, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising from or related to:

Your use of the Services
Your Content
Your violation of these Terms
Your violation of any applicable law or third-party rights
Your messaging practices and communications with End Users
Any dispute between you and your End Users

17. Termination

Termination by You

You may terminate your account at any time by canceling your Subscription through your account settings or by contacting us.

Termination by Us

We may suspend or terminate your access to the Services at any time, with or without cause, including but not limited to:

Violation of these Terms or applicable law
Non-payment of fees
Fraudulent or abusive activity
Extended inactivity (accounts inactive for 12+ months may be deleted)
Request by law enforcement or government agency

Effect of Termination

Your right to use the Services will immediately cease
We may delete your Content and account data
You remain responsible for any outstanding fees
Sections that by their nature should survive termination will survive (including Disclaimers, Limitation of Liability, Indemnification, and Governing Law)

Data Export

Upon request made before termination, we will provide a reasonable opportunity to export your Content, subject to applicable law and our data retention policies.

18. Service Interruptions

We may temporarily interrupt access to the Services for maintenance, upgrades, or emergency repairs. We will make reasonable efforts to provide advance notice of scheduled maintenance. We are not liable for any damage or loss resulting from service interruptions.

19. Governing Law & Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law principles.

Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at

to attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days.

Arbitration

If informal resolution fails, any dispute arising from these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware. The arbitrator's decision shall be final and binding.

Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate claims or preside over any class proceeding.

Exceptions

Either party may seek injunctive relief in any court of competent jurisdiction for claims related to intellectual property infringement or unauthorized access to the Services.

20. Modifications to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a new "Last updated" date, and for significant changes, by email or in-app notification.

Your continued use of the Services after any modifications indicates your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Services.

21. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Finitless regarding the Services.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

No Agency

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Finitless.

Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet or telecommunications failures.

Language

These Terms are provided in English. Any translations are provided for convenience only. In case of conflict, the English version prevails.

Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

22. Contact Us

If you have questions about these Terms, please contact us:

Finitless, Inc.

Email:

External references

Stripe Services Agreement: https://stripe.com/legal/ssa
WhatsApp Business Policy: https://business.whatsapp.com/policy
WhatsApp Business Terms: https://www.whatsapp.com/legal/business-terms