Terms of Service

1. Acceptance of Terms

By accessing or using the Rush Spike platform and services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Services on behalf of a business, you represent that you have authority to bind that business to these Terms. If you do not agree, do not use the Services.

2. Description of Services

Rush Spike provides an AI-powered voice ordering platform for pizza restaurants. Our Services include:

• Automated phone order processing via an AI voice agent
• Menu management, including import from third-party aggregator platforms
• Real-time order tracking and management
• Delivery dispatch, driver assignment, and route optimization
• A mobile application for delivery drivers
• Customer communication tools, including SMS notifications
• Payment processing for customer orders (card and cash)
• Dynamic pricing and promotional tools

Features and availability may change as we continue to develop the platform.

3. User Categories

The Services are used by three categories of users, each subject to these Terms:

• Restaurant operators — business owners and staff who manage menus, orders, store operations, and driver teams through the platform
• End customers — individuals who place orders via the AI voice agent or other channels. By placing an order through the platform, end customers agree to these Terms
• Delivery drivers — individuals who use the Rush Spike driver mobile application to fulfill deliveries. By using the driver application, drivers agree to these Terms

4. Account Registration

To use certain features, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to notify us immediately of any unauthorized use. Access to the platform is organized by organization, region, and store, with role-based permissions controlling what each user can view and manage.

5. AI-Powered Services & Automated Systems

Automated phone ordering. Our phone ordering system uses an artificial intelligence (AI) voice agent to process customer orders. When a customer calls a restaurant that uses Rush Spike, they are interacting with an automated AI system, not a human. The AI agent can take orders, answer menu questions, process payments, and transfer calls to a human representative when needed.

AI limitations. While we strive for accuracy, the AI voice agent may occasionally misinterpret speech, provide incorrect information, or fail to process a request. Restaurant operators are responsible for reviewing and confirming orders received through the AI system. Rush Spike is not liable for errors in orders resulting from AI misinterpretation.

Continuous improvement. We may review conversation transcripts to improve AI accuracy, fix errors, and enhance the quality of the Services. See our Privacy Policy for details on how voice data is collected and used.

6. Voice Calls & Recording

Phone calls placed through the Rush Spike platform are processed by our AI voice agent and may be recorded, transcribed, and stored. By placing or receiving a call through the platform:

• You consent to the recording and transcription of the call
• You acknowledge that call transcripts may be reviewed to improve the Services
• You understand that call data is retained for the duration of the restaurant's business relationship with Rush Spike

Restaurant operators are responsible for ensuring compliance with applicable call recording laws in their jurisdiction, including any requirements to provide notice to callers. Rush Spike can configure an initial disclosure message on the AI agent at the restaurant's request.

7. User Responsibilities

All users agree to:

• Comply with all applicable local, state, and federal laws and regulations
• Not use the Services for any unlawful or unauthorized purpose
• Not interfere with or disrupt the integrity or performance of the Services
• Not attempt to gain unauthorized access to any part of the Services

Restaurant operators additionally agree to:

• Provide accurate menu information, pricing, and store details
• Maintain appropriate food safety and handling standards for all orders
• Review and confirm orders processed by the AI voice agent
• Ensure compliance with local call recording disclosure requirements
• Obtain appropriate consent before enrolling customers in SMS communications

Delivery drivers additionally agree to:

• Enable location services while on duty to allow real-time delivery tracking and dispatch
• Provide accurate delivery proof (photographs and status updates) as required
• Maintain a valid driver's license and vehicle insurance as required by law
• Not share account credentials or allow others to use their driver account

8. Payment Terms

Restaurant subscription. Subscription fees and usage charges are billed according to the pricing plan agreed upon during onboarding. You authorize us to charge your designated payment method for all fees incurred. Fees are non-refundable except as required by law or as otherwise stated in your service agreement.

Customer order payments. End customers may pay for orders via credit or debit card (processed through Stripe and Twilio Pay) or cash. Card payments are tokenized and processed securely; full card numbers are never stored on our servers. Rush Spike facilitates payment processing on behalf of the restaurant but is not a party to the transaction between the restaurant and the customer.

Dynamic pricing. The platform supports dynamic pricing tools that may adjust menu prices based on factors such as time of day, order type (pickup vs. delivery), or promotional rules configured by the restaurant operator. Price adjustments are set by the restaurant, not by Rush Spike. Customers are shown the applicable price at the time of ordering.

9. SMS Communications

The Services may send SMS messages to end customers and delivery drivers for order confirmations, delivery status updates, and other transactional communications. By providing a phone number during the ordering process or when using the driver application, you consent to receiving these messages.

You may opt out of non-essential SMS communications at any time by:

• Replying STOP to any message
• Contacting us at sales@rushspike.com

Opting out will not affect transactional messages required to complete an active order or delivery. Message frequency varies by usage. Standard message and data rates may apply.

10. Driver Mobile Application

The Rush Spike driver application collects real-time GPS location data while you are on duty to enable delivery dispatch, route optimization, and customer delivery tracking. Location updates may be collected as frequently as once per minute.

By using the driver application, you acknowledge and agree that:

• Your location is tracked and shared with the restaurant and customers during active deliveries
• Location history is retained for up to 90 days for delivery verification and route analysis
• Delivery proof photographs you capture may include embedded GPS coordinates and timestamps
• Your availability status, delivery performance, and route data are visible to restaurant management

You may stop location tracking at any time by going off duty in the application or by revoking location permissions on your device. However, location services are required to accept and complete deliveries.

11. Third-Party Services

The Services rely on third-party providers to deliver core functionality:

• Twilio — voice call routing, SMS delivery, and phone-based card payment capture
• Stripe — payment processing, card tokenization, and tax calculation
• OpenAI — AI voice agent processing
• Mapbox — delivery route mapping and optimization

These providers operate under their own terms of service and privacy policies. By using the Services, you acknowledge that your data may be processed by these providers as necessary to deliver the functionality described in Section 2. We share only the minimum information required for each provider to perform its function.

12. Data Ownership & Multi-Tenancy

You retain ownership of your data, including menus, customer information, order history, and business configurations. By using the Services, you grant us a limited license to use your data solely to provide, maintain, and improve the Services.

The Rush Spike platform is a multi-tenant system, meaning multiple restaurant organizations share the same infrastructure. We maintain logical separation between organizations to ensure that:

• Your restaurant data (menus, orders, settings) is accessible only to authorized users within your organization
• Customer payment methods are associated with the specific restaurant and are not shared across organizations
• End customer records (phone numbers, addresses) may exist independently across separate restaurant organizations if the same customer orders from multiple restaurants on the platform

The Services, including all software, designs, text, graphics, and other content, are owned by Rush Spike, Inc. and protected by intellectual property laws.

13. Data Export & Portability

You may request an export of your restaurant data at any time by contacting us. We will provide your data in a standard, machine-readable format within a reasonable timeframe. Upon termination of the service relationship, you will have thirty (30) days to request a data export before account data is scheduled for deletion. Data exports include menus, order history, customer records, and business configurations. Data subject to legal retention requirements may be retained beyond this period as required by law.

14. Service Availability

We strive to maintain high availability of the Services, particularly for real-time voice ordering and delivery operations. However, we do not guarantee uninterrupted access. We may perform scheduled maintenance, and occasional outages may occur.

We will make reasonable efforts to notify you in advance of planned downtime and to schedule maintenance during off-peak hours. If you have entered into a separate Service Level Agreement (SLA) with Rush Spike, the terms of that agreement govern uptime commitments and remedies for service interruptions.

15. Limitation of Liability

To the maximum extent permitted by law, Rush Spike, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from your use of the Services.

Our total liability shall not exceed the amount you paid to us in the twelve (12) months preceding the claim. This limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory.

16. Disclaimer of Warranties

The Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the foregoing, we do not warrant that the AI voice agent will process all orders without error, that speech recognition will be accurate in all conditions, or that the Services will be uninterrupted or error-free.

17. Termination

Either party may terminate the service relationship with written notice as specified in your service agreement. We reserve the right to suspend or terminate your access immediately if you violate these Terms.

Upon termination, your right to use the Services ceases. You will have thirty (30) days from the effective date of termination to request an export of your data (see Section 13). After this period, we may delete your account data, except for records we are required to retain by law or for legitimate business purposes such as fraud prevention and dispute resolution.

18. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page with a revised "Last updated" date and, for material changes, by notifying active account holders via email. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

20. Contact Us

If you have questions about these Terms, contact us at sales@rushspike.com.