CallButton Terms of Service

Effective 2026-09-06 · Version 2026-09-06

These Terms of Service ("Terms") form a binding agreement between you and CallButton.AI Inc., a Delaware corporation ("CallButton", "we", "us", or "our"). They govern your access to and use of the CallButton mobile applications, the CallButton web ordering experience, the staff tools, and the conversational concierge that connects guests to participating venues (collectively, the "Service").

Please note: Section 18 contains a binding arbitration agreement and class-action waiver, with a 30-day right to opt out.

1. Acceptance & Eligibility

Age. You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Service. Where a venue offers alcohol or other age-restricted items, you must meet the legal minimum age in that jurisdiction (21 in the United States) to request them, and you agree that the venue may require proof of age before serving you. See §6.

How you accept. You agree to these Terms and to our Privacy Policy at https://callbutton.ai/privacy by doing any of the following: tapping Continue, Agree, or Accept; creating an account; starting a web guest session; scanning a CallButton code and placing a request; signing in to the customer portal; or otherwise using the Service. If you do not agree, do not use the Service.

Organizations. If you use the Service on behalf of an organization — for example, as venue staff using the staff tools or as an owner or manager using the customer portal — you represent that you have authority to bind that organization, and "you" includes that organization. Section 10 contains additional terms for venues and staff.

Prior versions. These Terms supersede any earlier version you accepted.

2. The Service

CallButton is a conversational concierge. It lets you discover participating venues, connect to a venue while you are there, communicate with venue staff, place hospitality requests, and place orders for food, drinks, and other items the venue offers, through the mobile app, the web experience, or the AI concierge.

CallButton is an intermediary, not the merchant. Participating venues — not CallButton — sell and provide the goods and services shown in the Service. The venue prices, prepares, serves, delivers, bills, and (if applicable) refunds what you order. CallButton transmits your requests and messages to the venue and the venue's responses back to you. CallButton is not a party to any transaction between you and a venue and does not act as the venue's agent.

Payment. How you pay depends on the venue. Most venues bill you directly — to a member or house account, a hotel room or folio, a tab, or at the point of service. Some venues may let you pay by card inside the Service; when they do, the payment is processed by our payment processor on the venue's behalf, and the venue remains the merchant. CallButton never holds your funds and never sees your full card number. Section 6.4 explains both models. Questions about charges, receipts, tax, tips, and refunds go to the venue.

We may change the Service. We may add, change, suspend, limit, or remove features of the Service at any time, with or without notice. Some features may be available only at certain venues, on certain platforms, or in certain tiers (for example, demo or preview venues).

3. Accounts, Web Guest Sessions & Security

3.1 Phone-verified accounts

CallButton accounts are phone-verified using an SMS one-time code (currently delivered through Twilio). You may hold only one account per person and must keep your account information accurate and current.

3.2 Web guest sessions

The web experience lets you place a request at a participating venue without creating an account, by providing a display name after scanning the venue's code or opening its link. A web guest session is a limited, venue-specific session tied to the browser you used. These Terms apply to it in full. Your display name is shown to venue staff. A web guest session may be closed, expire, or be refused by a venue at any time, and venues may require phone verification instead. See our Privacy Policy for how web-session data is handled.

3.3 Your responsibilities

You are responsible for:

the security of every device and browser you use to access the Service, including their lock screens and biometrics;
the security of the phone number you verify with, including protecting it against SIM-swap and port-out fraud with your carrier;
keeping your one-time verification codes confidential — CallButton will never ask you for a code;
all activity that occurs under your account, your web guest sessions, and any device signed in to your account, whether or not you authorized it, until you notify us as described below; and
signing out on shared devices.

If your phone number or device is lost, transferred, stolen, or compromised, or you believe your account has been used without your permission, notify us immediately at support@callbutton.ai. We will take reasonable steps to secure the account after we receive your notice. You remain responsible for activity that occurs before we do.

Account sharing is not permitted. You may not let another person use your account, and you may not use another person's account, phone number, verification code, or web session.

3.4 Optional profile information

You may provide optional information such as your name, email address, avatar, and per-venue profile details a specific venue requires (for example, a room number, member number, or account number). You represent that this information is accurate and yours to provide. A venue may rely on it to identify you and to bill you; you are responsible for the consequences of inaccurate profile information, including charges to the wrong room or account.

3.5 Venue operator accounts (customer portal)

Owners and managers access the customer portal with an email address; we sign you in by emailing a single-use link. You are responsible for the security of that email account and for every action taken in the portal from a link sent to it. An owner may invite managers and is responsible for who it invites and for removing them. Portal accounts are venue accounts: what you enter, upload, or change in the portal is done on behalf of the venue, and Section 10 applies.

4. Communications Consent

Text messages. By providing your phone number, you consent to receive transactional SMS from CallButton or its providers for verification codes and account-security messages. Message frequency varies. Message and data rates may apply. Reply STOP to any message to stop, and HELP for help. As of the effective date we do not send marketing SMS; if we ever do, we will ask for your separate express consent first. Consent to verification texts is a condition of using a phone-verified account; if you withdraw it, you will not be able to sign in.

Push notifications and in-app messages. If you allow notifications, the Service may send push notifications and in-app messages about your requests, messages from venue staff, venue announcements and offers, arrival at a venue, and CallButton features and offers. You can turn notifications off in your device settings at any time.

Email. We send transactional email (for example, portal sign-in links and account-deletion confirmations). Marketing email is sent only if you opt in and can be stopped at any time.

Recording and monitoring. Messages you exchange with venue staff and with the AI concierge are stored and may be reviewed by the venue and by CallButton for service quality, safety, fraud prevention, and dispute resolution, as described in the Privacy Policy.

5. AI Concierge

Part of the Service is an AI-powered concierge that interprets your requests and generates responses. AI responses are produced by automated language models operated through our backend (currently powered by Anthropic) and may be inaccurate, incomplete, misleading, or out of date.

You acknowledge and agree that:

AI responses are not professional, medical, legal, dietary, nutritional, allergen, financial, safety, or other expert advice, and must not be relied on as such. The concierge answers from the venue's menu data and general knowledge; it cannot see the kitchen, the ingredients, or how food is prepared;
the AI concierge may misunderstand you, mis-hear voice input, produce wrong items, quantities, options, prices, or menu information, describe items or availability that do not exist, or add items to your cart that you did not intend — you are responsible for reviewing your cart before you submit it (§6);
the AI concierge does not make decisions that have legal or similarly significant effects on you; the venue — not the AI and not CallButton — receives, accepts, prices, and fulfills every request or order;
the AI concierge may decline requests, and we may limit its use per account or venue at any time; and
in an emergency, call local emergency services (911 in the United States) — do not use the concierge.

Voice input. If you speak to the concierge, your device's operating system (or its vendor's speech service, under that vendor's terms) converts your speech to text and the text is sent to the concierge. Voice recognition is imperfect; confirm what was understood before you send.

Menu, dietary, and allergen information. All menu information in the Service — whether you see it in a digital menu, a PDF menu, or in an answer from the AI concierge — is provided and maintained by the venue. CallButton does not create, verify, or monitor it. It may be out of date, incomplete, or wrong, including about ingredients, allergens, nutrition, preparation, and cross-contact, and a menu imported or interpreted by AI may contain errors the venue has not yet corrected. If you have an allergy, intolerance, or a dietary, religious, or medical restriction, confirm it directly with venue staff before you order or eat anything. Do not rely on the app or the concierge for that confirmation. The same applies to accessibility needs and age-restricted items.

As set out in Sections 8, 9, 14, 15, and 16, CallButton is not liable for menu information or AI responses, or for anything you order, consume, or do in reliance on them; your recourse for those matters is with the venue.

6. Orders, Requests & Payment

6.1 Your request is an offer; the venue decides

When you submit an order or request, you are making an offer to the venue. An order is binding only when the venue accepts it. The venue may accept, modify, substitute, delay, decline, or cancel any order or request at any time, for any reason — including unavailability, hours, capacity, age or identity verification, suspected fraud, or house rules. CallButton does not guarantee that any venue will accept, fulfill, or deliver any request.

6.2 Review before you confirm

Items, quantities, options, modifiers, notes, and prices shown to you before submission are a proposal assembled from venue-supplied information and, where you used the concierge, from automated interpretation of your words. You are responsible for reviewing every line of your cart before you submit it. The venue's confirmed record of the order governs what was ordered and what you owe — not the proposal shown in the app and not anything the concierge said.

6.3 Prices, taxes, service charges & tips

Prices, taxes, service charges, gratuities, minimums, and any surcharge are set and applied by the venue and may differ from what the Service displays if the venue's information is out of date. Any tax the Service shows is an estimate computed from rates the venue supplied. For venue-billed orders (§6.4(a)), the Service shows item prices and estimated tax only; automatic gratuities, service charges, and other amounts the venue adds under its own policies are not displayed in the Service and will appear on your bill from the venue. The venue's posted prices and its bill control. Any tip or gratuity you add is paid to the venue for distribution under the venue's policies.

6.4 Payment

You agree to pay the venue for everything ordered from your account, your web guest session, or your device. The venue decides which payment methods it offers; the Service shows you the method that applies before you submit.

(a) Venue-billed orders. Where the venue bills you directly, charges are posted to the member account, house account, hotel room or folio, or tab you have identified to the venue, or collected at the point of service, under the venue's payment terms. CallButton is not involved in the charge.

(b) Card payment in the Service. Where a venue offers card payment in the Service:

payments are processed by Stripe (or another processor we name in the Service) on behalf of the venue. The venue is the merchant of record; the charge appears under the venue's name. Stripe's consumer terms and privacy policy apply to the payment;
CallButton does not store your full card number. Card details go directly to the processor, which returns a token we use to charge the payment method you chose. If you save a payment method, it is stored by the processor, not by CallButton, and you can remove it in the Service;
by submitting an order you authorize the venue to charge the amount shown, plus any tip you add and any adjustment the Service told you could apply (for example, a substitution you approve, or a tip you add after delivery). The venue may place a temporary authorization hold for that amount; holds release under your card issuer's rules;
CallButton may charge a service fee for card orders. Any such fee is shown before you submit and is a payment to CallButton, not to the venue;
if a payment fails or is declined, the venue may cancel the order or ask for another payment method;
the receipt the Service shows is issued on the venue's behalf.

Disputes about charges — including duplicate charges, wrong amounts, chargebacks, and refunds — are between you and the venue under either model. If you dispute a card charge with your issuer, the venue, not CallButton, responds to it, and we may provide the venue with records of the order (§8.5).

6.5 Cancellations, changes & refunds

Whether an order can be changed or cancelled after submission, and whether any refund or credit is available, is decided by the venue under its policies. For card orders, refunds are issued by the venue through the processor to the payment method you used and post under your card issuer's timelines. CallButton does not itself issue refunds or credits for venue goods or services, except that any CallButton service fee on a fully refunded order is refunded with it. You may use the Service to ask the venue; the venue's decision is final.

6.6 Delivery and pickup at the venue

Delivery within a venue depends on the location you identify (for example, a cabana number, table, seat, or room). You are responsible for the accuracy of your location and for being present to receive your order. If you move, leave, or supply a wrong location, the venue may be unable to deliver and you may still be charged.

6.7 Alcohol and age-restricted items

Where a venue offers alcohol or other age-restricted items, you represent that you meet the legal minimum age (21 in the United States) each time you request one. You agree that the venue may require valid identification before serving, may refuse service at its discretion (including for apparent intoxication), and that compliance with alcohol-service laws is the venue's responsibility. Any age attestation you make in the Service is a statement to the venue on which the venue may rely; a false attestation is a breach of these Terms and you are responsible for its consequences.

6.8 Allergens and dietary information

Allergen, ingredient, nutritional, and dietary information shown in the Service — in a digital menu, a PDF menu, or an AI response — is supplied and maintained by the venue and is not monitored by CallButton. It may be incomplete, inaccurate, or out of date. Always confirm allergen and dietary information directly with venue staff before consuming any food or beverage. CallButton does not prepare food and has no knowledge of a venue's ingredients or kitchen practices. See §5.

7. Acceptable Use

You agree not to:

abuse, harass, threaten, discriminate against, or harm venue staff, other guests, or any other person;
place orders or requests you do not intend to honor or pay for, place orders for or as another person without their authorization, or place duplicate, disruptive, or bad-faith requests;
provide a false name, age, room, seat, member number, account, location, or other information;
use another person's account, phone number, verification code, web session, QR code, spot, or tab;
use the Service at a venue you are not physically present at, or scan or share a venue's code to place requests from elsewhere, unless the venue expressly allows it;
transmit content that is unlawful, defamatory, obscene, hateful, or that infringes another person's rights;
scrape, crawl, harvest, or otherwise extract data from the Service by automated means, or use bots or scripts to interact with the Service;
reverse engineer, decompile, disassemble, or attempt to derive source code from the Service, except where applicable law expressly permits it notwithstanding this restriction;
interfere with, disrupt, overload, or unduly burden venue operations, the Service, or the AI concierge (including prompt-injection or attempts to make the concierge act outside its purpose);
circumvent or attempt to defeat any security, authentication, rate-limiting, age-gating, geofencing, or fraud-prevention mechanism;
use demo, preview, or test venues for real transactions, or misrepresent demo activity as real; or
use the Service to send spam, conduct fraud, launder money, or facilitate any other unlawful activity.

We may investigate, and may suspend, limit, or terminate any account, session, or device that we reasonably believe has violated these rules, is engaged in fraud or abuse, or presents a risk to other users, venues, or CallButton — with or without notice, and without liability to you. We may share information about suspected fraud or abuse with the affected venue and with law enforcement as described in the Privacy Policy.

8. Fraud, Unauthorized Use & Misorders

This Section allocates responsibility for the kinds of things that go wrong in an ordering system. It applies to the fullest extent permitted by law and is a material part of the bargain between you and CallButton.

8.1 What CallButton does — and does not — do

CallButton is a messaging and ordering conduit. It transmits what you (or someone using your account, session, or device) submit, to the venue you are connected to. CallButton does not verify the identity of the person holding a device, does not verify age, room, seat, membership, or payment ability, does not inspect or prepare orders, does not deliver them, and does not itself take or hold payment — where card payment is offered, our processor charges your card on the venue's behalf (§6.4). Those functions belong to the venue. CallButton uses commercially reasonable measures (such as phone verification, rate limiting, and abuse detection) to reduce misuse, but no such measure is a guarantee and we do not undertake to detect or prevent any particular fraud or error.

8.2 Orders from your account, session, or device are yours

You are responsible for every order, request, and message submitted from your account, your web guest session, or any device or browser signed in as you — whether submitted by you, by someone you allowed to use your device, or by someone who used it without your permission — until you have notified us under §3.3 and we have had a reasonable opportunity to act. As between you and CallButton, an order that reaches a venue from your account or session is your order.

If something is wrong with an order — a mistake, a duplicate, an item you did not intend, a wrong location — tell the venue's on-site staff right away, in person or through the staff chat in the Service, so they can correct or cancel it before it is prepared or billed. Only the venue can fix an order. CallButton does not provide real-time order support: support@callbutton.ai is not monitored in real time and cannot stop, change, deliver, re-bill, or refund an order. See §8.5.

8.3 No liability for fraud or unauthorized use

To the fullest extent permitted by law, CallButton is not liable for any loss, charge, or damage arising from:

unauthorized use of your account, phone number, verification code, device, browser, or web session, including through theft, SIM-swap, port-out, phishing, social engineering, or a shared or unattended device;
fraud or misconduct by any third party, including another guest, a person impersonating you or a venue, a person impersonating CallButton, or a person who tampers with, copies, moves, or spoofs a venue's QR code, NFC tag, link, or location code;
fraud or misconduct by a venue or its staff, including incorrect billing, charges for items not delivered, misuse of your information, or failure to verify age or identity;
orders placed at a spot, table, cabana, room, or seat that is not yours, or that are delivered to or billed to the wrong location because of information you, another guest, or the venue supplied; or
chargebacks, disputed charges, or collection by a venue, or the acts or omissions of a payment processor, card network, or card issuer.

8.4 No liability for misorders and system errors

CallButton uses commercially reasonable efforts to keep ordering through the Service working normally and reliably (§9). That is not a guarantee. To the fullest extent permitted by law, CallButton is not liable for any loss, charge, or damage arising from:

misorders — wrong items, quantities, options, modifiers, or notes — whether caused by you, by a mis-tap, by voice or text mis-recognition, by the AI concierge's interpretation, or by venue-supplied menu data;
duplicate, lost, delayed, failed, misrouted, stale, or partially delivered orders, requests, messages, notifications, or status updates, including as a result of network conditions, device settings, connectivity, backgrounding of the app, or an outage of the Service or a third-party provider;
pricing, availability, hours, description, image, allergen, or menu errors in venue-supplied information;
an order that the venue accepted, prepared, or delivered incorrectly, late, or not at all, or substituted;
an order or session that was cancelled, expired, or closed by the venue, by automated housekeeping, or by you leaving the venue's area; or
any decision or action of the AI concierge, including items it added to a cart, requests it made or declined to make, and information it provided.

8.5 Investigation and cooperation

If you believe a fraudulent, unauthorized, or mistaken order has been placed, contact the venue's on-site staff first — they are the only ones who can stop, change, or re-bill an order. Notify support@callbutton.ai afterward only if you believe your account or session was misused; we review those reports during business hours and cannot act on an order in progress. You agree to cooperate reasonably with the venue's and CallButton's investigation. CallButton may — but is not obliged to — provide the venue with records of the relevant session (such as timestamps, location code, device or session identifiers, and message content) to help resolve the matter, as described in the Privacy Policy.

8.6 Your recourse

Your recourse for any order-related loss is against the venue (or, for unauthorized use, against the person who used your account). Nothing in this Section limits your remedies against a venue; it limits your remedies against CallButton.

9. Order Accuracy, System Errors & Availability

Venue-supplied information. Menu content, item descriptions, photos, pricing, availability, hours, offers, announcements, and allergen, nutritional, and dietary information — in every format, including PDF menus and menus imported or interpreted by AI — are supplied by, maintained by, and the responsibility of the participating venue. CallButton displays venue-provided information, does not monitor or verify it, and is not responsible for its accuracy, completeness, or currency. Information may lag the venue's actual state.

The Service is provided "AS IS" and "AS AVAILABLE." We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free; that any request, message, order, or notification will be delivered or delivered promptly; that real-time features (such as presence, arrival detection, or status updates) will function on every device or network; or that any defect will be corrected.

Commercially reasonable efforts. CallButton uses commercially reasonable efforts to minimize errors and to improve the accuracy and reliability of the Service. This is not a warranty and does not create any obligation beyond this sentence.

Evolving software. The Service is actively developed. Features may change, break, or be withdrawn at any time without notice, including through over-the-air updates. You accept the risks of using actively developed software. We may require you to update the app to continue using the Service.

Demo and preview venues. Some venues in the Service are demonstrations or previews. Orders placed at them are not real orders and will not be fulfilled.

10. Venues & Staff Users

This Section applies if you access the staff tools (tablet or browser dashboards, venue settings, announcements, staff chat) or the customer portal on behalf of a participating venue.

Venue agreement. Where a venue has signed a separate agreement with CallButton covering fees, service levels, or data processing, that agreement controls for the venue if it conflicts with these Terms. Otherwise, these Terms govern the venue's use of the Service, and they govern each individual staff user's and portal user's use in every case.

Venue content. The venue owns the menus, item descriptions, prices, photos, logos, names, hours, announcements, and other content it or its staff provide through the portal or staff tools ("Venue Content"). The venue grants CallButton a worldwide, royalty-free, sublicensable license to host, store, reproduce, display, transmit, format, and process Venue Content — including by automated and AI systems, such as importing a menu from a PDF or image — as needed to operate, provide, secure, improve, and market the Service and to show the venue to guests. The venue represents that it owns or is licensed all Venue Content and that its use in the Service infringes no one's rights.

External providers. Providing the Service means sending Venue Content to the third-party providers named in §13 and in our Privacy Policy. In particular, the venue's menus are sent to our AI provider (currently Anthropic) to import them and whenever a guest uses the concierge, so it can answer questions and place orders from that menu. Each provider processes Venue Content only to provide its service to us, under its contract with us.

Guest activity and marketing. CallButton uses activity at the venue — connections, requests, orders, concierge use — to report to the venue on how the Service performs there, for CallButton's own analytics, and to communicate with guests about CallButton and participating venues as described in our Privacy Policy. Guests control marketing communications through the choices the Privacy Policy describes. CallButton does not sell venue or guest data.

AI menu import and other automated tools. Menus and other content that the portal imports or generates with AI are a draft for the venue's review. Items, prices, options, allergen tags, and descriptions may be wrong or incomplete. The venue is responsible for reviewing and correcting imported content before activating it, and for everything shown to guests under its name.

Authorization and credentials. Access to a venue's staff tools is granted by the venue through a shared venue credential (such as a PIN) and, where provided, individual staff records. You may use the staff tools only if the venue has authorized you and only for that venue's operations. You must keep credentials confidential, must not share them outside the venue's authorized staff, and must sign out of shared devices when required by the venue. The venue is responsible for who it gives credentials to and for revoking them.

Venue responsibility for staff conduct. Every action taken through the staff tools — accepting, declining, completing, or cancelling orders; messaging guests; posting announcements; changing venue settings; verifying age or identity — is taken by the venue. The venue, not CallButton, is responsible for the accuracy, legality, and appropriateness of staff actions and communications, for training staff, and for complying with laws governing its business (including food safety, alcohol service, accessibility, employment, and consumer protection).

Guest data. Guest information shown in the staff tools (names, locations, requests, messages, per-venue profile fields) is provided solely to serve the guest at the venue. Staff may not copy, export, or use it for any other purpose, and the venue must handle it in accordance with its own privacy obligations and the venue agreement.

Venue indemnity. In addition to §17, a venue agrees to indemnify CallButton for claims arising from the venue's goods, services, premises, staff conduct, billing, age or identity verification, and use of guest data.

11. Device Features & Permissions

The Service uses device capabilities only with your permission, and each can be revoked in your device settings:

Camera — to scan venue QR codes and, optionally, to take a profile photo. Camera frames are processed on your device and are not stored by CallButton.
NFC — to read CallButton location tags at venues.
Location (while using the app) — to show nearby venues and to detect arrival at a venue you have used. CallButton does not request background location.
Notifications — for request updates and venue messages.
Microphone — to speak to the concierge; your device's operating system or its vendor's speech service converts speech to text, and only the text reaches CallButton.
Face ID / Touch ID / device biometrics — where the app offers it, to unlock the app on your device. Biometric data never leaves your device and is never sent to CallButton. This feature may not be available in every version.
Photo library — to choose a profile photo.

Denying a permission may limit related features but does not prevent you from using the rest of the Service.

12. Intellectual Property

The Service, including its software, interfaces, designs, text, graphics, logos, trademarks, trade dress, and the AI concierge's prompts and outputs, is owned by CallButton or its licensors and is protected by intellectual-property laws. "CallButton," the CallButton logo, and related marks are our trademarks. Venue names, logos, and menus belong to the respective venues.

Our license to you. Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use the app on devices you own or control, and to access and use the Service, for its intended purpose. All rights not expressly granted are reserved. You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works of any part of the Service.

Your content. You retain ownership of the content you submit to the Service (for example, messages to the concierge or to venue staff, order notes, profile information, and avatars). You grant CallButton a worldwide, royalty-free, sublicensable license to host, store, transmit, display, reproduce, modify, and create derivative works of your content as reasonably necessary to operate, provide, secure, improve, and analyze the Service and to share it with venues you submit it to. This license ends when you delete the relevant content, except to the extent we have already shared it with a third party (such as a venue) or are required to retain it by law. You represent that you have the rights to grant this license and that your content does not violate §7.

Feedback. If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.

Copyright complaints. If you believe content in the Service infringes your copyright, send a notice meeting the requirements of 17 U.S.C. § 512(c)(3) to support@callbutton.ai with "DMCA notice" in the subject line, including identification of the work, the location of the allegedly infringing material, your contact information, a statement of good-faith belief, a statement under penalty of perjury that the notice is accurate, and your physical or electronic signature.

13. Third-Party Services & App Stores

Providers. The Service relies on third-party providers, including Anthropic (AI processing), Firebase / Google (real-time messaging, push notifications, app configuration), Twilio (SMS verification), Radar (geofencing), Mixpanel (product analytics), Xano (backend hosting), Expo (app updates and push delivery), Resend (email), Vercel (web and portal hosting), Stripe (card payments, where a venue offers them), and others described in our Privacy Policy. Their terms and privacy practices apply to their portions of the Service. We are not responsible for third-party services that we do not control, and a third-party outage is not a breach of these Terms by CallButton.

Venue and other links. The Service may link to or interoperate with venue websites, PDF menus, payment systems, and other third-party services. Your dealings with those services are between you and the third party.

Apple App Store. If you obtained the app from Apple's App Store, the following also applies. These Terms are between you and CallButton only, not Apple. Apple has no obligation to furnish maintenance or support for the app. To the maximum extent permitted by law, Apple has no warranty obligation with respect to the app; if the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) to you, and Apple has no other warranty obligation. Apple is not responsible for addressing any claim by you or a third party relating to the app, including product-liability claims, claims that the app fails to conform to legal or regulatory requirements, and consumer-protection or similar claims. Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party intellectual-property infringement claim. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and are not on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You must also comply with applicable third-party terms (for example, your wireless carrier's) when using the app.

Google Play. If you obtained the app from Google Play, you acknowledge that Google Play's terms of service apply to your download, and that Google is not responsible for the app or its content and has no obligation to provide support.

14. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE AI CONCIERGE, AND ALL CONTENT, INFORMATION, AND FUNCTIONALITY ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. CallButton, its affiliates, and its licensors and suppliers disclaim all warranties, whether express, implied, statutory, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement, and any warranties arising from course of dealing, course of performance, or usage of trade.

Without limiting the foregoing, we do not warrant that the Service will meet your requirements; that it will be available, uninterrupted, timely, secure, or error-free; that defects will be corrected; that any order, request, message, or notification will be transmitted, received, accepted, or fulfilled; that AI-generated content is accurate, complete, or appropriate; that venue-supplied information is accurate or current; that the Service or the servers that make it available are free of viruses or other harmful components; or that the results obtained from using the Service will be accurate or reliable. No advice or information, whether oral or written, obtained from CallButton, the AI concierge, or the Service creates any warranty.

CallButton makes no warranty and assumes no responsibility for any goods or services provided by a venue, including their quality, safety, legality, timeliness, or fitness, or for a venue's conduct, billing, or compliance with law.

You use the Service at your own risk. Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the above exclusions apply to the maximum extent permitted by law.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

15.1 Excluded damages. CallButton, its affiliates, and their respective officers, directors, employees, agents, contractors, suppliers, and licensors (the "CallButton Parties") are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, data, goodwill, or other intangible losses, or for the cost of substitute goods or services, arising out of or relating to these Terms or the Service, however caused and under any theory of liability (contract, tort including negligence, strict liability, statute, or otherwise), even if a CallButton Party has been advised of the possibility of such damages.

15.2 Specific exclusions. Without limiting §15.1, the CallButton Parties are not liable for any loss or damage arising from or relating to:

any goods or services provided by a venue, or any act or omission of a venue or its staff, including food safety, allergens, alcohol service, injury, illness, property damage, billing, or refunds;
fraud, unauthorized use, misorders, duplicate or misdirected orders, and system errors, as described in §8;
AI concierge output, interpretation, or action;
venue-supplied information that is inaccurate, incomplete, or out of date;
unavailability, interruption, delay, or failure of the Service or of any third-party provider, network, carrier, or device;
unauthorized access to or alteration of your data or transmissions, except to the extent caused by our breach of §9 of the Privacy Policy;
the conduct or content of any other user; or
your reliance on any information obtained through the Service.

15.3 Cap. The aggregate liability of the CallButton Parties under or related to these Terms or the Service is capped at the greater of (a) one hundred U.S. dollars (USD $100), or (b) the service fees you paid to CallButton, if any, in the twelve (12) months preceding the event giving rise to the claim. Amounts you paid a venue — including card payments to a venue processed through the Service — do not count toward this cap.

15.4 Basis of the bargain; failure of essential purpose. These limitations are a fundamental element of the basis of the bargain between you and CallButton; the Service would not be provided without them. They apply even if a remedy fails of its essential purpose.

15.5 Time bar. Any claim arising out of or relating to these Terms or the Service must be brought within one (1) year after the claim accrues; otherwise it is permanently barred.

15.6 Exceptions. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by our negligence, for our fraud or fraudulent misrepresentation, or for our gross negligence or willful misconduct where the law does not permit such exclusion. Some jurisdictions do not allow the limitation or exclusion of certain damages; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

16. Release

Disputes with venues and other users are not CallButton's disputes. To the fullest extent permitted by law, you release and discharge the CallButton Parties from all claims, demands, losses, and damages of every kind, known or unknown, suspected or unsuspected, arising out of or in any way connected with any dispute you have with a venue, its staff, or another user, including disputes about orders, charges, service, conduct, injury, or property.

If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

17. Indemnification

17.1 Your indemnity. To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the CallButton Parties from and against any and all claims, demands, suits, proceedings, damages, losses, liabilities, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to:

your access to or use of the Service, or any activity under your account, web guest sessions, or devices (including activity by others, as described in §8.2);
any order, request, or message submitted from your account, session, or device, and any charge, chargeback, or collection relating to it;
your breach of these Terms, including the representations in §1, §3.4, §6.7, and §12;
fraud, misrepresentation, or false information you provide — including a false name, age, location, room, seat, member number, or account — or your misuse of another person's information or credentials;
your violation of any law or regulation, including alcohol, age, and consumer laws;
your violation of any right of a third party, including a venue, another user, or a rights-holder;
your content, including messages to staff or the concierge;
your negligence or willful misconduct; and
any dispute between you and a venue, its staff, or another user.

17.2 Venue and staff indemnity. If you use the Service on behalf of a venue, the venue additionally indemnifies the CallButton Parties as described in §10.

17.3 Procedure. We will notify you promptly of any claim subject to indemnification (delay does not relieve you except to the extent it prejudices you). We may, at our election, assume the exclusive defense and control of any such matter, in which case you will cooperate fully with our defense at your expense. You may not settle any claim in a way that imposes any obligation or admission on a CallButton Party without our prior written consent. This Section does not require you to indemnify a CallButton Party for that party's own fraud or willful misconduct.

18. Dispute Resolution — Binding Arbitration and Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

18.1 Informal resolution first. Before starting arbitration or a lawsuit, you and CallButton agree to try to resolve any dispute informally. You must send a written Notice of Dispute to support@callbutton.ai with "Notice of Dispute" in the subject line, including your name, the phone number on your account, a description of the dispute, and the relief you seek. We will send any Notice of Dispute to the email or phone number on your account. The parties will attempt in good faith to resolve the dispute for sixty (60) days after the Notice is received; either party may request a telephone or video conference during that period. Any statute of limitations is tolled during the 60 days. Only after the 60 days may either party start arbitration or, where permitted, a lawsuit.

18.2 Agreement to arbitrate. You and CallButton agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or the Service — including its formation, validity, scope, and enforceability, and including claims against venues that are joined with claims against CallButton — will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect (the "AAA Rules"), as modified by this Section. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitrator — not any court — has exclusive authority to resolve disputes about the interpretation, applicability, or enforceability of this arbitration agreement, except that a court decides disputes about the class-action waiver in §18.4 and the mass-arbitration procedure in §18.5.

18.3 Procedure and costs. Arbitration will be seated in Wilmington, Delaware. Where the AAA Rules permit, hearings may be held remotely or in your county of residence, at your election, and claims under USD $25,000 will be decided on documents unless the arbitrator decides a hearing is necessary. Arbitration fees are governed by the AAA Rules; if you cannot afford them, CallButton will consider a request to pay them. The arbitrator may award the same individual relief a court could, and the arbitrator's decision is final and binding; judgment on the award may be entered in any court of competent jurisdiction.

18.4 Class-Action Waiver. You and CallButton agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, private-attorney-general, or representative proceeding. The arbitrator may not consolidate claims of more than one person or preside over any form of class, collective, or representative proceeding, and may award relief only in favor of, and only to the extent necessary to provide relief to, the individual party.

18.5 Mass arbitration. If twenty-five (25) or more similar arbitration demands are filed against CallButton by the same or coordinated counsel, the parties agree that (a) the demands will be administered in batches of up to fifty (50), each batch assigned to a single arbitrator and treated as one consolidated arbitration for purposes of fees, (b) the parties will first cooperate to select a set of bellwether cases and mediate on the basis of their outcomes, and (c) the statute of limitations for any demand not yet filed is tolled while this process runs. If the AAA declines to administer this procedure, the parties will select another arbitration provider that will.

18.6 Jury Trial Waiver. You and CallButton each waive any right to a trial by jury in any action or proceeding arising out of or relating to these Terms or the Service.

18.7 30-Day Opt-Out. You may opt out of this arbitration agreement (including the class-action and jury-trial waivers) by emailing support@callbutton.ai within thirty (30) days after you first accept these Terms. The subject line must read "Arbitration Opt-Out" and the email must include the phone number on your account. If you opt out, no part of §18.2–§18.6 will apply to you. Opting out does not affect any other provision of these Terms, including §18.1.

18.8 Carve-outs. Either party may bring an individual claim in a small-claims court of competent jurisdiction if the claim qualifies. Either party may also seek injunctive or other equitable relief in court to protect its intellectual-property rights or to stop unauthorized access to or abuse of the Service.

18.9 Severability. If the class-action waiver in §18.4 is held unenforceable as to any claim, then §18.2–§18.6 will be null and void as to that claim, which will proceed in court under §19 — but only after §18.1 has been followed. If any other part of this Section is held unenforceable, it will be severed and the rest of the Section will continue to apply.

18.10 Changes to this Section. If we change this Section after you accept these Terms, you may reject the change by emailing support@callbutton.ai within 30 days; if you do, the version you last accepted continues to apply to disputes between us.

19. Governing Law and Forum

These Terms are governed by the laws of the State of Delaware and the Federal Arbitration Act, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to §18, any action that may proceed in court will be filed exclusively in the state or federal courts located in Wilmington, Delaware, and you consent to personal jurisdiction and venue in those courts. Nothing in this Section prevents either party from seeking relief in small-claims court under §18.8.

20. Changes to These Terms

We may update these Terms from time to time. The "Version" stamp at the top identifies the current version.

For material changes, we will present the updated Terms to you in-app and require your renewed acceptance through our consent-update prompt before you continue using the Service. For non-material changes, the updated Terms take effect when posted. Your continued use of the Service after the effective date of the updated Terms constitutes acceptance of them.

If you do not agree to an updated version, your option is to stop using the Service and, if you wish, delete your account (see §21).

21. Termination

You may stop using the Service at any time and may delete your account in-app through Profile → Settings → Delete account. When you request deletion, your account closes immediately and your data is permanently deleted after 14 days. During that window you may cancel the deletion by emailing support@callbutton.ai; details of what is removed and what is retained are described in our Privacy Policy and at https://callbutton.ai/account/delete. Web guest sessions end when the venue or the session expires them, or when you clear your browser storage.

We may suspend, limit, or terminate your account, session, device, or access to the Service at any time, with or without notice, if we reasonably believe you have violated these Terms, engaged in fraud or abuse, or that your continued access presents a risk to other users, a venue, or CallButton — or if we discontinue the Service. We are not liable to you for any suspension or termination.

Effect. On termination, your license under §12 ends. Orders already accepted by a venue remain your responsibility to the venue.

Survival. Sections 3.3, 3.5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, and 23 survive termination of these Terms or your account.

22. Export Controls & Sanctions

You may not use the Service if you are located in, or are a resident or national of, a country or territory subject to comprehensive U.S. sanctions, or if you are on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable export-control and sanctions laws in connection with your use of the Service.

23. Miscellaneous

Entire agreement. These Terms, together with our Privacy Policy and any other policies referenced in the Service, are the entire agreement between you and CallButton regarding the Service, and supersede any prior agreements.

Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent. The bullets and sub-sections of §8, §15, and §17 are each severable.

No waiver. Our failure to enforce a provision of these Terms is not a waiver of our right to enforce it later.

Assignment. You may not assign or transfer these Terms or any rights or obligations under them, in whole or in part, without our prior written consent; any attempt to do so is void. We may freely assign these Terms, in whole or in part, to any affiliate or successor in connection with a merger, acquisition, reorganization, financing, or sale of assets.

Notices. We may give you notice through the Service (for example, by in-app message or push notification), by SMS to the phone number on your account, or by email to the address on file. You may give us notice by email at support@callbutton.ai or by mail to CallButton.AI Inc., c/o Corporation Service Company d/b/a CSC-Lawyers Incorporating Service Company, 211 E. 7th Street, Suite 620, Austin, TX 78701-3218. Email is the faster channel; mailed notices are forwarded to us by our registered agent.

Force majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, government action, labor disputes, power or network failures, carrier or app-store actions, or third-party service outages.

No third-party beneficiaries. Except for Apple as stated in §13 and the CallButton Parties as stated in §15–§17, these Terms do not create any third-party beneficiary rights.

Relationship. Nothing in these Terms creates any agency, partnership, joint venture, franchise, or employment relationship between you and CallButton, or between CallButton and any venue.

Interpretation. Headings are for convenience only. "Including" means "including without limitation."

Electronic contracting. You agree that your electronic acceptance of these Terms, and our electronic records of it, have the same force as a handwritten signature and paper records.

24. Contact

For legal or contractual notices, Notices of Dispute, and arbitration opt-outs: support@callbutton.ai, or by mail to:

CallButton.AI Inc. c/o Corporation Service Company d/b/a CSC-Lawyers Incorporating Service Company 211 E. 7th Street, Suite 620 Austin, TX 78701-3218

For general support, use the Support row in the app's Settings screen, which will open a pre-filled email to support@callbutton.ai. Support email is reviewed during business hours. It is not a real-time channel and cannot help with an order in progress — for anything about an order, speak to the venue's on-site staff or use the staff chat in the Service.

Privacy Policy: https://callbutton.ai/privacy · Account deletion: https://callbutton.ai/account/delete