These Terms of Service ("Terms") govern access to and use of the FohBoh.ai platform, including all related websites, applications, services, and pilot programs where no superseding signed agreement exists. FohBoh.ai is a restaurant intelligence infrastructure platform consisting of deterministic certification systems and AI-powered intelligence tools. By using the platform, you agree to these Terms.
01Overview
These Terms of Service ("Terms") govern access to and use of the FohBoh.ai platform, including all related websites, applications, services, and pilot programs where no superseding signed agreement exists.
FohBoh.ai is a restaurant intelligence infrastructure platform consisting of deterministic certification systems and AI-powered intelligence tools. By using the platform, you agree to these Terms.
02Platform Architecture
The platform consists of three core components:
A deterministic certification engine that validates and reconciles data using defined logic.
Modules that identify discrepancies and potential recoverable revenue.
An AI-powered intelligence layer providing insights and recommendations.
03Certified vs. AI Outputs
Certified Outputs · MGE / Sentry
Deterministic, reproducible, and based solely on input data and defined rules. Provided "as is" but will conform to the documented logic applicable at the time of processing.
AI Outputs · Cortex
Probabilistic, interpretive, and may contain errors, omissions, or inaccuracies. Must be independently validated by Customer before any business decision or action is taken.
04Data Model
FohBoh operates as a read-only platform wherever possible and does not modify source system data. The platform is not a system of record. Customers remain solely responsible for maintaining official records, reporting, and compliance with all applicable laws.
05No Agency or Advisory Role
FohBoh.ai is not an agent, auditor, fiduciary, or advisor. It does not initiate communications with third parties or act on behalf of Customers. No professional advice (financial, legal, or otherwise) is provided.
06Data Rights
- Customer retains all ownership rights to data provided to the platform.
- FohBoh is granted a limited, non-exclusive, revocable license to process, store, and display Customer data solely to deliver the services, perform certification, identify recovery opportunities, and generate AI insights.
- FohBoh will not use Customer business data to train or improve models that are made available to other customers without Customer's express opt-in consent.
07Confidentiality & Security
- Each party agrees to protect the other's confidential information using reasonable safeguards (at least industry standard).
- FohBoh will maintain a written information security program that includes encryption of data at rest and in transit, access controls, and audit logging.
- Upon request, FohBoh will provide a summary of its SOC 2 (or equivalent) controls.
For full details, see our Data Security Overview.
08Fees and Billing
- Fees are defined in applicable order forms or agreements. Unless otherwise stated, all fees are non-refundable.
- Failure to pay undisputed fees within 15 days of notice may result in suspension or termination of access.
09Intellectual Property
FohBoh retains all rights, title, and interest in its platform, architecture, certification methods, algorithms, software, and outputs (except Customer data).
No rights or licenses are granted except as explicitly stated in these Terms.
10Indemnification
Customer Indemnity
Customer agrees to indemnify, defend, and hold harmless FohBoh and its officers, directors, and employees from any third-party claims, damages, or expenses arising out of: (a) Customer's use of AI Outputs without independent validation, (b) Customer's violation of applicable law, or (c) Customer's breach of these Terms.
FohBoh Indemnity
FohBoh will defend Customer against a third-party claim that Certified Outputs (MGE/Sentry) infringe a US copyright or trade secret, provided Customer promptly notifies FohBoh and grants sole control of the defense. Does not apply to AI Outputs (Cortex) or to modifications made by Customer.
11Termination
Either party may terminate these Terms for material breach not cured within 30 days of written notice.
Upon termination for any reason:
- FohBoh will delete or return Customer data within 30 days, except where retention is required by law or for backup recovery (limited to 90 days).
- Sections on confidentiality, indemnification, limitation of liability, and governing law survive.
12Beta & Pilot Features
From time to time, FohBoh may offer pilot, beta, or early-access features. Such features are provided "as is" with no uptime or performance guarantees. FohBoh may modify or discontinue them without liability.
13Limitation of Liability
To the maximum extent permitted by law:
- FohBoh is not liable for indirect, incidental, special, consequential, or punitive damages (including lost profits or revenue).
- Total aggregate liability for any claim arising out of or relating to these Terms or the platform is limited to the fees paid by Customer to FohBoh in the 12 months preceding the claim.
- These limitations apply even if a remedy fails of its essential purpose and regardless of the theory of liability (contract, tort, negligence, etc.).
14Governing Law & Venue
These Terms are governed by the laws of the State of Texas, without regard to conflict of laws principles. Any legal action or proceeding shall be brought exclusively in the state or federal courts located in Dallas County, Texas. The parties consent to personal jurisdiction there.
15Updates to Terms
FohBoh may update these Terms at any time by posting the revised version on the platform or website. Continued use after the effective date constitutes acceptance. For material changes, FohBoh will provide reasonable advance notice (e.g., email).
16General Provisions
- These Terms constitute the entire agreement between the parties.
- If any provision is unenforceable, the remaining provisions remain in effect.
- Failing to enforce a right does not waive that right.
- Customer may not assign these Terms without FohBoh's written consent; FohBoh may assign in connection with a merger or acquisition.
Legal Inquiries
FohBoh.ai, Inc.
Dallas, Texas
(full address available upon request)