Terms of Use

Last updated 4 July 2026

These Terms of Use ("Terms") are a contract between you and FREE HIM INC. ("OrderBee," "we," "us") and govern your use of everything we operate: the orderbee.app website; the OrderBee skill / API; our dine-in, walk-in/to-go, phone-order, and waitlist/host agents; the owner dashboard; and our internal admin tools.

By using any of these, you agree to these Terms. If you do not agree, do not use the service. How we handle personal information is described in our Privacy Policy, and how we handle text messages in our SMS & Telegram Messaging Policy.

1. The service

OrderBee connects people (and their AI agents) with local restaurants and shops to place orders for pickup, delivery, or dine-in, and provides waitlist, phone-ordering, and owner dashboard tools. We are an intermediary: the merchant is the seller, and third parties (payment processor, couriers, point-of-sale providers) handle parts of each order. We do not prepare food or carry out deliveries ourselves. For sales tax where legally required, we may act as the collecting and remitting marketplace facilitator on a merchant's behalf.

2. Eligibility

You must be old enough to form a binding contract where you live (and at least 13). Some goods are age-restricted (e.g. alcohol, dispensary items); you must meet the legal age and comply with local law to order them, and the merchant or courier may verify your age and refuse the order.

3. Accounts, API keys, and access

• Skill / API users receive an API key. You are responsible for keeping it secret and for all activity under it.
• Owners sign in by magic link and, optionally, phone verification. Keep your sign-in links and account secure.
• Phone numbers & SMS. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes; text messaging opt-in data and consent will not be shared with any third parties. We use your number only to operate the service (e.g. one-time verification codes, order/waitlist updates, and delivery handoff). See our Privacy Policy and our SMS & Telegram Messaging Policy.
• You are responsible for any orders your AI agent places on your behalf.
• Provide accurate information and keep it current. We may suspend or terminate access for violations, suspected abuse, or to protect the service.

4. Orders, pricing, and payment

• Placing an order is an offer to buy from the merchant; the merchant may accept, reject, or cancel it (e.g. if an item is unavailable or the location is closed).
• Prices, taxes, delivery-fee estimates, and fulfilment times shown before you confirm are estimates and are not guaranteed — for example, a delivery fee quoted in chat is not final until you complete checkout.
• Payment is processed live by Stripe; your use of payment features is subject to Stripe's terms. Owner payouts run through Stripe Connect.
• If a restaurant offers "pay at the end," you may choose to save a payment method to a tab. We show you an explicit prompt before saving it, and settling the tab charges that saved payment method, including any tip you add, without a further card-entry step.
• Charges, refunds, and cancellations follow the terms presented at checkout and the merchant's own policies. Fees and commissions charged to merchants are set out in the separate Restaurant Partner Agreement.

5. Owner (merchant) responsibilities

If you operate a business on OrderBee, you additionally agree that:

• you are authorised to act for the business and to connect its point-of-sale (e.g. Square) and payout account;
• your menu, catalog, pricing, hours, and availability are accurate and kept current;
• you will fulfil accepted orders and comply with all applicable food-safety, labelling, licensing, tax, and consumer-protection laws;
• the agent persona and content you configure are lawful and not misleading; and
• you are responsible for your own tax collection and remittance outside what OrderBee collects and remits as marketplace facilitator (see §1).

The separate Restaurant Partner Agreement also applies to your business account and covers fees, data licensing, and additional merchant terms.

6. Acceptable use

You agree not to: break the law or order goods you are not legally permitted to buy; access the service through anything other than the provided interfaces/API, or exceed documented rate limits; reverse engineer, scrape, overload, probe, or disrupt the service or its security; submit false, infringing, or harmful content, or impersonate others; use the service to build a competing dataset or product; or misuse the AI features (e.g. attempts to extract system prompts, generate unlawful content, or circumvent safeguards).

7. AI features

Our agents and certain owner tools use third-party AI models (including an automatic fallback provider if the primary is unavailable) and may produce inaccurate or incomplete output. Messages may also be automatically screened for abusive content and blocked. Treat menu answers, descriptions, and suggestions as informational, not authoritative — confirm allergens, ingredients, and prices with the merchant. Do not rely on AI output for decisions about health, safety, or legal compliance.

8. Third-party services

Orders depend on third parties — merchants, Stripe, couriers, point-of-sale providers (e.g. Square), and messaging providers. Their own terms and policies apply to their part of the transaction, and we are not responsible for their acts or omissions.

9. Intellectual property

The OrderBee name, software, and site content are owned by us or our licensors. We grant you a limited, revocable, non-exclusive, non-transferable right to use the service as permitted by these Terms. Merchant content (menus, logos, photos) belongs to the respective merchants. Any feedback you give us, we may use without obligation.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, 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 PRICING, AVAILABILITY, OR FULFILMENT WILL BE ACCURATE.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OrderBee AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE FEES YOU PAID TO ORDERBEE IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) USD 100. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITS, SO THEY MAY NOT APPLY TO YOU.

12. Indemnification

You will indemnify and hold harmless OrderBee from claims, losses, and expenses (including reasonable legal fees) arising from your use of the service, your content, your orders, or your violation of these Terms or applicable law.

13. Changes and termination

We may change, suspend, or withdraw the service at any time, and may update these Terms. Material changes will be signalled by updating the "Last updated" date and, where required, additional notice. Continued use after a change means you accept the updated Terms. You may stop using the service at any time.

14. Governing law and disputes

These Terms are governed by the laws of the State of California, United States, without regard to conflict-of-laws rules. The state and federal courts located in Los Angeles County, California will have exclusive jurisdiction, unless applicable law requires otherwise.

15. Contact

FREE HIM INC. — support@orderbee.app

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