VZ Labs Terms of Service

Effective Date: January 1, 2025

Welcome to VZ Labs Sàrl ("VZ Labs," "we," "us," or "our"), makers of Châtaigne, the WhatsApp-based food ordering platform. These Terms of Service ("Terms") govern your access to and use of VZ Labs' services, including our WhatsApp chatbot, website at www.chataigne.ai, APIs, and all related software and services for ordering food from partner restaurants (collectively, the "Service"). By using the Service, you agree to these Terms.

Please also read our Privacy Notice, which explains how we collect, use, disclose, and process personal data.

If you are using the Service on behalf of a restaurant or other business entity, you represent that you have the legal authority to bind that entity to these Terms.

1. Access and Use

1.1. Service Description

VZ Labs provides an AI-powered food ordering platform that enables customers to order from partner restaurants via WhatsApp. The Service uses natural language processing to understand orders, process payments, and coordinate delivery. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable right to access and use the Service.

1.2. User Categories

These Terms apply to all users of the Service, including:

• Customers ordering food ("Customers")
• Restaurant partners ("Partners")
• Delivery service providers
• Any other users accessing our Service

1.3. Account Registration

To use certain features of the Service, you must provide accurate information including your phone number, delivery address, and payment information. You are responsible for maintaining the confidentiality of your account and for all activities under your account.

1.4. Age Requirements

You must be at least 18 years old or the age of majority in your jurisdiction to use the Service. By using the Service, you represent that you meet these age requirements.

2. For Customers

2.1. Ordering Process

When you place an order through our WhatsApp chatbot:

• You authorize us to share necessary information with the restaurant and delivery partners
• You agree to pay all charges associated with your order
• You acknowledge that order fulfillment depends on restaurant availability and acceptance

2.2. Payments

We use Stripe for payment processing. By providing payment information, you agree to Stripe's terms and authorize us to charge your payment method for all orders and applicable fees.

2.3. Cancellations and Refunds

Cancellation and refund policies are determined by individual restaurant partners and will be communicated during the ordering process. We facilitate but do not control these policies.

3. For Restaurant Partners

3.1. Partner Obligations

Restaurant partners agree to:

• Maintain accurate menu information and pricing
• Fulfill orders in a timely manner
• Comply with all applicable food safety and business regulations
• Handle customer data in accordance with our Privacy Notice

3.2. Commission and Fees

Unlike traditional platforms, we charge a flat fee structure with no commission on orders. Specific fee arrangements are detailed in separate partner agreements.

3.3. Quality Standards

Partners must maintain quality standards and accurate preparation times to ensure customer satisfaction.

4. Prohibited Uses

You may not:

• Use the Service for any illegal purpose or in violation of any laws
• Impersonate others or provide false information
• Interfere with or disrupt the Service
• Attempt to gain unauthorized access to our systems
• Harass, abuse, or harm other users
• Use the Service to send spam or unsolicited messages
• Reverse engineer or attempt to extract the source code of our Service
• Use our Service to develop competing products

5. Intellectual Property

5.1. Our Property

VZ Labs owns all rights to the Service, including our AI technology, chatbot, website, logos, and other intellectual property. These Terms do not grant you any rights to our intellectual property except as necessary to use the Service in accordance with these Terms.

5.2. Your Content

You retain ownership of content you provide (such as reviews or feedback). By providing content, you grant us a worldwide, non-exclusive, royalty-free license to use it in connection with operating and improving the Service.

5.3. Feedback

If you provide suggestions or feedback about our Service, we may use it without compensation to you.

6. Privacy and Data Protection

6.1. Personal Data

Our processing of personal data is governed by our Privacy Notice and complies with the Swiss Federal Act on Data Protection (revFADP) and, where applicable, the EU General Data Protection Regulation (GDPR). By using the Service, you acknowledge such processing.

6.2. WhatsApp

Your use of WhatsApp is subject to WhatsApp's terms and privacy policy. We are not responsible for WhatsApp's practices.

6.3. AI Processing

We use AI to process orders and improve our Service. Order data may be used to enhance our natural language understanding, but personal data will not be used for AI training without explicit consent as detailed in our Privacy Notice.

7. Third-Party Services

7.1. Delivery Partners

We work with third-party delivery services (such as Uber Direct and Chaskis). Their services are subject to their own terms.

7.2. Payment Processors

Payment processing is handled by Stripe and subject to Stripe's terms and policies.

7.3. Restaurant Services

Food quality, preparation, and restaurant-specific policies are the responsibility of individual restaurant partners.

8. Disclaimers and Limitations of Liability

8.1. Service Availability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE SERVICE. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT PERMITTED BY LAW.

8.2. Food Safety

We are a technology platform and do not prepare food. We are not responsible for food quality, safety, or allergen management, which are the sole responsibility of restaurant partners.

8.3. Third-Party Actions

We are not liable for the actions or omissions of restaurants, delivery partners, or other third parties.

8.4. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, VZ LABS' TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS IS LIMITED TO THE AMOUNT YOU PAID US IN THE PAST SIX MONTHS OR CHF 100, WHICHEVER IS GREATER.

8.5. Exclusion of Certain Damages

TO THE EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE.

9. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless VZ Labs and its affiliates, directors, officers, employees, and agents from any claims, damages, or expenses (including reasonable attorneys' fees) arising from:

• Your violation of these Terms
• Your violation of any laws or third-party rights
• Your use of the Service
• Any content you provide

10. Changes to Terms and Service

10.1. Term Modifications

We may update these Terms at any time. We will notify you of material changes through the Service or by other reasonable means. Continued use after changes constitutes acceptance.

10.2. Service Modifications

We may modify, suspend, or discontinue any part of the Service at any time. We will endeavor to provide reasonable notice for significant changes affecting paid services.

11. Termination

11.1. By You

You may stop using the Service at any time.

11.2. By Us

We may suspend or terminate your access to the Service for violation of these Terms or for any other reason. We will provide notice where reasonable and practicable.

11.3. Effect

Upon termination, your right to use the Service ends immediately. Provisions that by their nature should survive termination will remain in effect.

12. Dispute Resolution

12.1. Governing Law

These Terms are governed by Swiss law, excluding its conflict of law provisions.

12.2. Informal Resolution

Before initiating formal proceedings, we encourage parties to attempt to resolve disputes informally by contacting [email protected].

12.3. Jurisdiction

Any disputes that cannot be resolved informally shall be subject to the exclusive jurisdiction of the courts of Lausanne, Switzerland.

13. General Provisions

13.1. Entire Agreement

These Terms and our Privacy Notice constitute the entire agreement between you and VZ Labs regarding the Service.

13.2. Assignment

You may not assign these Terms without our prior written consent. We may assign them without restriction.

13.3. Severability

If any provision is found unenforceable, the remaining provisions will continue in effect, and the unenforceable provision will be replaced with an enforceable provision that most closely reflects the original intent.

13.4. No Waiver

Our failure to enforce any provision is not a waiver of our right to do so later.

13.5. Force Majeure

We are not liable for failures to perform due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

14. Contact Information

For questions about these Terms, contact us at:

Email: [email protected]

For general inquiries: [email protected]

For privacy concerns: [email protected]

Last updated: January 2025