Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between Kurenai LLC ("Kurenai," "we," "us," or "our") and the entity or individual ("Customer," "you," or "your") accessing or using the Kurenai AI Voice Receptionist platform.

By creating an account, subscribing to our service, or using any part of the Kurenai platform, you agree to be bound by these Terms. If you do not agree, do not use the service.

2. Description of Service

Kurenai provides an AI-powered telephone receptionist service for restaurant businesses. The service includes:

• Automated answering of inbound phone calls using AI voice technology
• Real-time natural language processing to understand and respond to Caller inquiries
• Reservation intake and OpenTable booking integration
• SMS delivery of ordering links, reservation confirmations, and directions
• Call transcription, logging, and post-call AI analysis
• A web-based admin dashboard for managing configurations, viewing call logs, and managing reservations
• Multi-location management for restaurant groups

Kurenai reserves the right to modify, suspend, or discontinue any feature of the service at any time with reasonable notice to Customers.

3. Account Registration and Security

To use Kurenai, you must provide accurate and complete registration information, maintain and update your account information, keep your login credentials confidential, and notify us immediately of any unauthorized access at info@kurenai.ai.

You are responsible for all activity that occurs under your account. Kurenai is not liable for any loss or damage resulting from unauthorized use of your account credentials.

4. Subscription, Billing, and Payment

4.1 Subscription Plans

Kurenai reserves the right to modify pricing with 30 days' written notice to existing Customers.

4.2 Billing

• Subscriptions are billed monthly or annually in advance
• All fees are in U.S. dollars and are non-refundable except as expressly stated herein
• You authorize Kurenai to charge your payment method on a recurring basis
• Failed payments may result in service suspension after a 5-day grace period

4.3 Refunds

Kurenai does not issue refunds for partial months or unused periods, except if Kurenai terminates your account without cause — in which case you are entitled to a prorated refund for the unused portion of your current billing period.

5. Customer Responsibilities

5.1 Lawful Use

You agree to use Kurenai only for lawful purposes and may not use the service to violate any applicable law, harass or harm any individual, transmit spam or deceptive messages, collect personal information without proper consent, or interfere with Kurenai's infrastructure.

5.2 Call Recording Compliance

5.3 SMS Compliance

You are responsible for ensuring that all SMS communications sent through Kurenai comply with the Telephone Consumer Protection Act (TCPA), CTIA Messaging Principles, and Twilio's Acceptable Use Policy and A2P 10DLC registration requirements. Kurenai's SMS feature is for transactional messages only — you may not send marketing or promotional SMS without obtaining proper Caller consent.

5.4 Data Accuracy

You are responsible for the accuracy of all data you input into Kurenai, including restaurant hours, menu information, ordering links, and reservation configurations. Kurenai is not liable for incorrect AI responses resulting from inaccurate configuration data.

5.5 Third-Party Integrations

Your use of third-party integrations (OpenTable, Toast, Owner.com) through Kurenai is subject to those parties' terms of service. You represent that you have the right to authorize Kurenai to access and interact with these platforms on your behalf.

6. Acceptable Use Policy

You may not use Kurenai to:

• Impersonate any person or entity or misrepresent your affiliation with any business
• Transmit fraudulent, deceptive, or misleading information to Callers
• Collect sensitive personal information from Callers beyond what is necessary (e.g., credit card numbers, Social Security numbers, medical information)
• Attempt to reverse engineer, decompile, or extract source code from Kurenai's platform
• Resell or sublicense Kurenai without written authorization
• Use automated bots or scripts to abuse Kurenai's infrastructure
• Test, probe, or scan Kurenai's infrastructure for vulnerabilities without written authorization

7. Intellectual Property

7.1 Kurenai's IP

Kurenai and its licensors own all right, title, and interest in and to the Kurenai platform, including all software, AI models, algorithms, interfaces, branding, and documentation. These Terms do not grant you any ownership rights in Kurenai's intellectual property.

7.2 Customer Data

You retain ownership of all data you provide to Kurenai, including restaurant configurations, menus, and business information. You grant Kurenai a limited, non-exclusive license to use this data solely to provide and improve the service.

7.3 AI-Generated Content

AI-generated call responses are provided for operational use only. Kurenai does not claim ownership of these responses. However, Kurenai is not liable for any inaccurate, incomplete, or inappropriate AI-generated responses delivered to Callers.

8. Privacy and Data Processing

Your use of Kurenai is subject to our Privacy Policy, incorporated herein by reference. By subscribing, you acknowledge that call transcripts and Caller data are stored in our systems, that you are responsible for informing your Callers about data collection practices, and that you will not use Caller data for purposes beyond legitimate restaurant operations.

9. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with these Terms. This obligation does not apply to information that is publicly known, independently developed, or required to be disclosed by law.

10. Disclaimers and Limitation of Liability

10.1 Service Disclaimer

THE KURENAI PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. KURENAI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI-GENERATED RESPONSES WILL BE ACCURATE OR APPROPRIATE FOR ANY PARTICULAR PURPOSE.

10.2 AI Limitations

You acknowledge that Kurenai's AI may produce incorrect, incomplete, or unexpected responses. Kurenai is not liable for incorrect information conveyed to Callers, missed or dropped calls due to telecommunications issues, reservation failures due to third-party system outages, or SMS delivery failures.

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KURENAI'S TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO KURENAI IN THE THREE (3) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL KURENAI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR BUSINESS INTERRUPTION.

10.4 Indemnification

You agree to indemnify and hold harmless Kurenai LLC, its officers, directors, employees, and agents from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of the platform in violation of these Terms, your failure to obtain required Caller consent, your violation of any applicable law, or your misuse of Caller data.

11. Termination

11.1 By You

You may cancel your subscription at any time through your account settings or by contacting info@kurenai.ai. Cancellation takes effect at the end of the current billing period. No refunds are issued for partial periods.

11.2 By Kurenai

Kurenai may suspend or terminate your account immediately if you materially breach these Terms and fail to cure within 10 days of notice, engage in fraudulent or illegal activity, fail to pay fees after the grace period, or if continued service poses legal or security risk.

11.3 Effect of Termination

Upon termination, your access ceases immediately. Kurenai will retain your data for 90 days post-termination, during which you may request an export. After this period, all data is permanently deleted.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Florida, without regard to its conflict of law provisions. Any dispute shall be resolved exclusively in the state or federal courts located in Miami-Dade County, Florida. Before initiating legal proceedings, each party agrees to attempt good-faith resolution within 30 days of written notice.

13. Modifications to Terms

Kurenai reserves the right to modify these Terms at any time. We will provide at least 14 days' notice of material changes via email or admin dashboard notification. Continued use of the service after the effective date constitutes acceptance of the updated Terms.

14. Miscellaneous

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Kurenai
• Severability: If any provision is found unenforceable, the remaining provisions remain in full effect
• Waiver: Failure to enforce any provision does not constitute a waiver of future enforcement
• Assignment: You may not assign these Terms without Kurenai's written consent
• Force Majeure: Kurenai is not liable for delays caused by circumstances beyond its reasonable control

15. Contact Information