AI Agent Trial Terms and Conditions
These AI Agent Trial Terms of Service (“Terms”) are effective when accepted by Customer (by checking the acceptance box or by any other means of acceptance) (“Effective Date”), and are entered into by Customer and Deliverect NV, a company incorporated under the laws of Belgium, with company number 0692.623.253, with a registered office at Foreestelaan 82, 9000 Ghent, Belgium (“Deliverect”), and if applicable, with Affiliates of Deliverect. These Terms shall govern Customer’s use of the following AI Agents: (1) Autonomous Support Agent; (2) Autonomous Menu Agent, and; (3) Smart Assistant (collectively the “AI Agents”). AI Agents offered by Deliverect as part of the Deliverect’s hardware, and software-as-service solutions (“Deliverect Services”). If you are accepting these Terms on behalf of a third party, you represent and warrant that: (a) you have full legal authority and capacity to bind such third party under these Terms; (b) you have read and understood these Terms; and (c) you agree, on behalf of such third party, to these Terms. If you do not have the legal authority to bind such a third party, you must refrain from accepting these Terms on its behalf. These Terms are in addition to any other contract between Deliverect and Customer that is currently in effect.
1. Scope
The AI Agents allow the Customer to use new AI-driven features designed to (i) automate the resolution of failed orders due to PLU mismatches (in connection with the Autonomous Support Agent;); and (ii) conduct actions in order to optimize the menu (in connection with the Autonomous Menu Agent), or (iii) Prompt interaction to improve product descriptions, menu images, and to surface recommended allergens (in connection with the Smart Assistant). Deliverect may introduce fees for the use of the AI Agents in the future by providing prior written notice to Customer.
2. Description of AI Agents
Autonomous Support Agent. This agent automatically monitors order injection processes and is triggered when an order injection fails due to mismatches between POS product identifiers and delivery channels product identifiers or Deliverect product identifiers. The agent may detect order injection failures, identify likely product identifiers mismatches, recommend or apply corrections where technically possible and resynchronize the menu.
Autonomous Menu Agent. This agent assists with menu optimization and management. Customers will receive access to the following functionalities: (i) Bundle creation which automatically creates product bundles based on existing menu items, (ii) Upsell suggestions which recommends additional items that may be offered alongside selected products, (iii) Highlight bestsellers which identifies and visually highlights best-performing menu items, (iv) Menu repositioning which suggests reordering menu items to optimize visibility and conversion; and (v) Product description completion which automatically completes or enhances missing product information or descriptions.
Smart Assistant. This AI-prompt-driven functionality allows Customers enhance their menus through four core capabilities: (i) Image enhancement allows users to prompt the assistant to refine product photos by improving lighting, clarity, and visual appeal, while preserving the integrity of the product itself; (ii) Description enhancement leverages brand context and user prompts to generate or refine compelling product descriptions that align with tone, audience, and marketing goals; (iii) Proactive Allergen surfacing automatically analyzes menu items and ingredient data to recommend relevant allergen labels and dietary tags, and; (iv) Seasonal and event theming enables the assistant to apply contextually relevant visual themes, such as Easter, Black Friday, or Christmas, to product imagery, creating engaging promotional content without altering the core product functionality.
3. Customer Participation and Activation
AI Agents may be deployed by Customer by activating them through Deliverect’s Frontend interface. Deliverect reserves the right to automatically activate the Autonomous Support Agent on the Customer’s account. Customer acknowledges that active AI Agents will interact with their menu or configuration data and the features may automatically generate or suggest changes within the Deliverect Services.
4. Transparency, Change Log and Customer Validation
(i) All AI-generated menu changes are visible within the Deliverect Frontend interface, and (ii) Customers may manually edit or adjust the resulting menu content. For the "first run" of any Autonomous Menu Agent action, Customer must manually review and approve the changes. Following the first run, the AI Agent will perform actions automatically. Customer is responsible for manually reverting to a previous version if they are unsatisfied with the AI’s automated adjustments.
5. AI Transparency Notice
The Customer acknowledges that the AI Agents are powered by artificial intelligence systems. Outputs generated by the AI Agents may include automated recommendations, generated product descriptions and system configuration suggestions. Customer acknowledges to hereby be informed that these outputs are AI-generated or AI-assisted, and may be incorrect.
6. Data Sources and Processing Logic
For the purpose of providing the AI Agents, the AI Agent accesses and processes the following categories of data (i) Operational Data: PLU codes, POS transaction logs, and Deliverect integration metadata; (ii) Menu Metadata: Product descriptions, category hierarchies, pricing structures, and imagery and (iii) Performance Data: Anonymized sales velocity, conversion rates per menu item, and order injection error logs. The AI Agent utilizes these data points to identify synchronization errors and suggest commercial optimizations. The AI Agent is not designed to process, and the Customer shall not provide access to personal data. Customer expressly acknowledges and agrees that Deliverect may collect, analyze, and use content provided by Customer, including usage data, transactional data, operational data, and any anonymized or aggregated information derived therefrom (“Content”), solely to train, develop, and improve the AI Agents and the Deliverect Services. Content may be shared with third parties, including but not limited to annotation providers of Deliverect.
7. Beta Service Disclaimer
AI Agents are a beta or experimental service. Customer acknowledges and agrees that: (i) AI Agents are based on machine learning models that may be probabilistic in nature and can, in certain circumstances, generate outputs that are inaccurate, incomplete, or that do not meet Customer's specific expectations or requirements; (ii) AI Agents are provided for informational, analytical, and automated assistance purposes only and are not intended to be a substitute for independent professional advice, human judgment, or diligent human review and verification; (iii) Customer is responsible for verifying the accuracy, completeness, and appropriateness of any outputs, recommendations, or actions generated by or based on the AI Agents before relying on them or taking any action, including but not limited to publishing modifications in the Customer’s menu. Deliverect shall not be liable for any decisions, actions, or omissions made by Customer based on the AI Agent's outputs; (iv) Deliverect makes no representations or warranties regarding the accuracy, completeness, reliability, non-infringement, or fitness for a particular purpose of any output generated by the AI Agents. Customer is solely responsible for the legality, accuracy, quality, integrity, and appropriateness of all Content (including if applicable, any data or inputs provided by Customer for specific AI Agent functionalities) and for obtaining all necessary rights, permissions, and consents (including from relevant data subjects) for Deliverect to process and use such Content for the purposes described herein and within the AI Agent.
9. Liability Limitation
Deliverect shall not be liable for any claim for any indirect, punitive, incidental, exemplary or consequential damages, for loss of business profit, or damages for loss of business of a Location, Customer, or any third party arising out of these Terms, or loss or inaccuracy of data of any kind, whether based on contract, tort or any other legal theory, even if Deliverect or Customer have been advised of the possibility of such damages. Deliverect’s total liability relating to the Trial shall not exceed EUR 1,000 (one thousand euros). Nothing in these Terms limits liability where such limitation is prohibited by law.
10. Intellectual Property
All rights in the AI Agents, algorithms, models, and software remain the exclusive property of Deliverect. Use of the AI Agents does not grant the Customer any rights to the underlying AI models, training datasets, source code or any other associated data. Customer feedback regarding the AI Agents may be used by Deliverect to improve its AI systems. Deliverect may use feedback without restriction or compensation.
11. Termination
Deliverect may revoke access to the AI Agents at any time by providing notice to Customer. Upon termination the AI Agent functionality will be disabled and existing menu configurations will remain active unless changed by the Customer.
12. Applicable Law
These Terms shall be governed by the laws of Belgium, excluding conflict-of-law rules. Any disputes shall be submitted to the courts of Ghent, Belgium.
13. General
(i) Customer shall comply with all applicable laws and regulations Customer will not use the Deliverect Services or any content for any purpose or in any manner that is unlawful or prohibited by these Terms, or which infringes the rights of Deliverect or third parties; (ii) The failure of either party to enforce, at any time or for any period of time, the provisions hereof, or the failure of either party to exercise any option herein, shall not be construed as a waiver of such provision or option and shall in no way affect that party’s right to enforce such provision or exercise such options; (iii) If any provision of these Terms is held to be illegal, invalid or unenforceable, such provision shall to that extent be deemed not to form part of the Terms but the legality, validity and enforceability of the remainder of these Terms shall not be affected. In that event, the Parties shall replace the illegal, invalid or unenforceable (part of the) provision with a (part of a) provision that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable (part of the) provision, given the content and purposes of the Terms; (iv) Customer may not assign or transfer these Terms or any of its rights or obligations hereunder, in whole or in part, without the prior written consent of Deliverect. Deliverect reserves the right to assign these Terms or any of its rights and obligations hereunder, in whole or in part, without written notice to Customer, to any of its affiliates or to any third party, including in a Change of Control situation of Deliverect; (viii) The Parties acknowledge that there are no third party beneficiaries to these Terms - nothing contained in these Terms is intended to or shall be interpreted to create any third-party beneficiary claims.