Terms & Conditions

Cluvi AI is a software-as-a-service platform through which a Restaurant's authorized staff manage guest conversations in one inbox across WhatsApp and other connected channels, an AI receptionist that answers guests and takes reservation requests, and campaigns that send approved WhatsApp template messages. Where available, the Service can connect to the Restaurant's Cluvi reservation system and other systems through integrations. The Service is multi-tenant: each Restaurant is an organization, and people belong to organizations with a role of owner, admin, or member. Modules may roll out progressively, and the features available to your Restaurant can depend on your plan.

The Service is for restaurants, hospitality businesses and their authorized adult staff. You must be at least 18 years old to create an account, and you represent that you have the authority to bind the Restaurant you act for. Guests and diners do not hold Cluvi AI accounts; their information enters the Service only as part of the Restaurant's records (see Section 4).

Sign-in is passwordless: you authenticate with a one-time code sent to your email address or phone number, or with Google or Microsoft sign-in. You are responsible for maintaining control of your email account and sign-in methods, for the accuracy of the information you provide, and for all activity under your account. Notify us promptly at the contact address below if you suspect unauthorized access.

Owners and admins control the Restaurant's workspace: its settings, memberships, and invitations. The Restaurant is responsible for assigning roles appropriately, for removing access when a staff member leaves, and for the actions of its members within the workspace.

As between you and Cluvi AI, the Restaurant owns the records it manages through the Service: guest conversations, contact and reservation information, campaign lists, and related communication data (the "Restaurant Data"). You grant us the limited rights needed to host, process, transmit, display and back up Restaurant Data solely to provide the Service, on the Restaurant's documented instructions.

Processor terms. For Restaurant Data, the Restaurant is the data controller and Cluvi AI is the processor. We process Restaurant Data only on the Restaurant's instructions as expressed through the Service; we impose confidentiality and data protection duties on the sub-processors listed in our Privacy Policy; we apply the security measures described there; we assist the Restaurant, with information reasonably available to us, in honoring data subjects' rights and in meeting its notification duties; and on deletion of a record or of the organization, we remove the corresponding data as described in the Privacy Policy.

Guests. Restaurant Data includes the personal information of the Restaurant's guests: the people who write to the Restaurant, appear in its contacts, or receive its campaigns. The Restaurant is responsible for having a lawful basis to collect and manage that information (in Colombia, under Ley 1581 de 2012 and its implementing decrees), and for giving its guests the required privacy notices. The Restaurant must not use the Service to collect more information about guests than its hospitality purposes justify.

You agree not to misuse the Service. In particular, you must not:

• use the Service to violate any law or regulation, including consumer-protection, data protection, and anti-spam laws;
• upload or transmit malware, or attempt to probe, breach, or overload the Service or its tenant isolation;
• access or attempt to access another Restaurant's workspace or another person's account;
• use the Service to send unsolicited or deceptive communications to guests or anyone else;
• resell, sublicense, or provide the Service to third parties outside your Restaurant without our written agreement;
• copy, scrape, reverse engineer, or build a competing product from the Service, except where the law grants that right despite this clause.

We may suspend or limit access that we reasonably believe breaches these Terms, threatens the security or integrity of the Service, or harms other Restaurants, giving notice where practicable.

The Service lets the Restaurant send campaign messages (including WhatsApp template messages) to lists of recipients the Restaurant provides or builds in the Service. Because outbound messaging is regulated, the Restaurant is responsible for using it lawfully. In particular, the Restaurant must:

• have a valid consent or another lawful basis to message every recipient, and keep evidence of it;
• honor opt-outs: the Service records opt-outs it detects, and the Restaurant must not message a person who has asked not to be contacted;
• comply with anti-spam and consumer-protection laws in every market it messages, and with the WhatsApp Business and Meta commerce and messaging policies that govern the channels it uses;
• use message templates honestly: template content is subject to Meta's approval process, and a template must not be used to send content different from what was approved.

Channel providers may charge per-message or per-conversation costs for campaign messages; where those costs are passed through or included in your plan, they are presented at purchase or in the campaign flow. We may pause or refuse campaigns that we reasonably believe are unlawful, breach channel policies, or put the Restaurant's or the platform's messaging ability at risk (for example, a number or template being blocked by the channel provider).

Parts of the Service may require a paid subscription. Prices, billing periods and included features are presented at purchase. Payments are processed by Stripe; Cluvi AI never stores full card numbers. Unless stated otherwise at purchase, subscriptions renew automatically for successive periods until cancelled, and fees are non-refundable except where the law requires otherwise. We may change prices with reasonable prior notice, effective from the next renewal. Taxes are the Restaurant's responsibility where the law places them there.

Cluvi AI includes features assisted by artificial intelligence, including the AI receptionist that answers guests. AI outputs are generated automatically and can be inaccurate or incomplete. The Restaurant remains responsible for reviewing AI-assisted content where it matters, for the accuracy of the menu, hours, prices and policies it gives the AI to work from, and for confirming reservations and commitments made to guests. The AI is instructed to answer from the Restaurant's own information and connected systems, but no AI is error-free, and we do not guarantee that a reservation request handled by the AI results in a confirmed booking. AI features operate on Restaurant Data as part of the Service and on the Restaurant's instructions; we do not use Restaurant Data to train third-party models without your agreement.

The Service, including its software and design, is owned by Braintu Inc. and its licensors, and the Cluvi brand is used in partnership with its owner. The Service is protected by intellectual property laws. We grant the Restaurant a limited, non-exclusive, non-transferable right to use the Service during the term of these Terms. No rights are granted except as expressly stated. Feedback you send us may be used to improve the Service without obligation to you.

The Service is built on third-party providers (hosting, database, email delivery, payments, messaging channels such as Meta's WhatsApp Business Platform, and optional Google and Microsoft sign-in, as listed in our Privacy Policy), and it can connect to systems the Restaurant already uses, such as its Cluvi reservation system. Their availability is not within our control, and their terms govern your use of their features (for example, Meta's messaging policies, or the terms of your Cluvi account). We are not responsible for third-party services, though we choose and supervise our providers with care.

We work to keep the Service available and evolving, and we may add, change, or retire features as the platform develops. We will not materially reduce the core functionality your Restaurant has paid for during a subscription period without a remedy such as notice and the option to cancel. Maintenance, updates, and factors outside our control (including channel providers) can cause interruptions; where practicable we will give notice of planned maintenance.

The Service is provided "as is" and "as available." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that data will never be lost; the Restaurant is responsible for retaining its own copies of records it needs to preserve. Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you.

To the maximum extent permitted by law, Braintu Inc. will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill, arising from or related to the Service or these Terms. Our aggregate liability for all claims in any 12-month period will not exceed the greater of the amounts the Restaurant paid us for the Service in that period or USD 100. Nothing in these Terms excludes liability that cannot be excluded by law, including, where applicable, mandatory consumer and data-protection rights.

The Restaurant will defend and indemnify Braintu Inc. against third-party claims arising from Restaurant Data, from the Restaurant's breach of these Terms (including its messaging-consent duties in the Campaigns section), or from its use of the Service in violation of law, except to the extent the claim results from our own breach of these Terms.

These Terms apply while you use the Service. The Restaurant may stop using the Service and delete its organization at any time; we may suspend or terminate access for material breach, where required by law, or on reasonable notice if we discontinue the Service. On termination, the data-deletion terms of the Privacy Policy apply. The sections that by their nature should survive termination continue to apply, including Your Restaurant's Data (as to wind-down), Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law & Dispute Resolution.

These Terms and any dispute or claim arising out of or relating to them or the Service are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. You and Cluvi AI agree to the exclusive jurisdiction and venue of the courts located in the State of Delaware, USA, except where applicable law gives you the right to bring proceedings elsewhere. Nothing in these Terms removes any mandatory rights you have under the laws of your country (including, for Restaurants and individuals in Colombia, mandatory consumer-protection and data-protection rights under Colombian law), which continue to apply where they cannot be excluded by agreement.

We may update these Terms as the Service evolves. When we make material changes, we will update the effective date above and notify Account Users through the Service or by email, with reasonable advance notice where the change is adverse. Continued use of the Service after a change takes effect means the updated Terms apply.