1. Agreement to Terms

By accessing or using Virnika's services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our services.

2. Use License

Permission is granted to temporarily access and use Virnika's services for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• Modify or copy the materials
• Use the materials for any commercial purpose
• Attempt to decompile or reverse engineer any software
• Remove any copyright or other proprietary notations
• Transfer the materials to another person

3. Service Description

Virnika provides AI-powered restaurant management solutions. Our services include phone order management, scheduling, accounting assistance, and other automated business processes. While we strive for 100% accuracy, you acknowledge that our AI systems may occasionally make mistakes and you agree to verify critical information.

4. Payment Terms

You agree to pay all fees according to the prices then in effect for your subscription. You must provide current, complete, and accurate billing information. Subscription fees are billed in advance on a monthly basis. All fees are exclusive of taxes, which we will charge as applicable.

5. Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Keep your login credentials secure and not share them with unauthorized parties
• Notify Virnika immediately of any unauthorized use of your account or any other breach of security
• Ensure that you log out of your account at the end of each session when accessing the service from a shared device
• Accept responsibility for all activities that occur under your account, whether or not you have authorized such activities

Virnika will not be liable for any loss or damage arising from your failure to comply with these security obligations.

6. Disclaimer

The materials and services on Virnika's website are provided on an 'as is' basis. Virnika makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

7. Limitation of Liability

In no event shall Virnika or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use Virnika's materials and services, even if Virnika or a Virnika authorized representative has been notified orally or in writing of the possibility of such damage.

To the maximum extent permitted by applicable law, the total cumulative liability of Virnika and its suppliers for all claims arising out of or relating to these Terms or the use of the services shall not exceed the total amount of fees paid by you to Virnika during the three (3) months immediately preceding the event giving rise to the claim. This limitation applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.

8. Termination

8.1 Termination by You

You may terminate your subscription and these Terms at any time by providing written notice to Virnika at manager@virnika.ai. Upon termination by you, your access to the services will continue until the end of your current billing period, after which your account will be deactivated. No refunds will be issued for any prepaid and unused portion of your subscription unless otherwise required by applicable law.

8.2 Termination by Virnika

Virnika may terminate or suspend your access to the services immediately, without prior notice or liability, if you breach any provision of these Terms. Virnika may also terminate your account for any reason upon thirty (30) days' written notice.

8.3 Effect of Termination

Upon termination, your right to use the services will immediately cease. Sections that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, limitations of liability, and data ownership restrictions.

9. Indemnification

You agree to indemnify, defend, and hold harmless Virnika, its officers, directors, employees, agents, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the services; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) any claim that your use of the services caused damage to a third party. This indemnification obligation will survive the termination of these Terms and your use of the services.

10. Data Ownership and Restrictions

10.1 Ownership of Call Data and Analytics

All call recordings, transcripts, analytics, and derived insights generated through Virnika's services ("Service Data") remain the property of Virnika. While you retain ownership of your underlying business information, the specific recordings, AI-generated transcripts, call analytics, and performance metrics created by our platform are proprietary to Virnika.

10.2 Permitted Use

Service Data is provided to you solely for your internal business operations. You may not:

• Share, sell, license, or otherwise distribute Service Data to third parties
• Use Service Data to develop competing products or services
• Provide Service Data to competitors or other restaurant technology vendors
• Extract or aggregate Service Data for purposes other than managing your own restaurant operations
• Use Service Data as training data for AI/ML models outside of Virnika's services

10.3 Confidentiality Obligations

You agree to treat all Service Data as confidential information and to protect it with the same degree of care you use to protect your own confidential information, but in no case less than reasonable care.

10.4 Termination and Data Return

Upon termination of your subscription:

• Your access to Service Data will be revoked within 30 days
• You must delete or destroy all copies of Service Data in your possession
• You may request an export of your raw business data (customer information, order details) but not the AI-generated analytics or insights
• Virnika retains the right to maintain anonymized, aggregated data for service improvement

10.5 Enforcement

Violation of these data restrictions may result in immediate termination of services and legal action to recover damages, including but not limited to lost business opportunities and misappropriation of proprietary technology.

11. Privacy and Data Protection (CCPA Compliance)

11.1 Data Processing

In the course of providing the services, Virnika may process personal information on your behalf. With respect to any personal information of your customers ("Customer Personal Data") that Virnika processes in connection with the services, Virnika acts as a service provider (as defined under the California Consumer Privacy Act, "CCPA") and processes such data only for the business purposes specified in these Terms.

11.2 CCPA Obligations

To the extent applicable, Virnika agrees to:

• Not sell or share Customer Personal Data
• Not retain, use, or disclose Customer Personal Data for any purpose other than performing the services, including for a commercial purpose other than providing the services
• Not combine Customer Personal Data with personal information received from other sources, except as permitted by the CCPA
• Implement and maintain reasonable security procedures and practices to protect Customer Personal Data from unauthorized access, destruction, use, modification, or disclosure

11.3 Data Subject Rights

You are responsible for responding to requests from your customers exercising their rights under applicable privacy laws (including the CCPA, and other state privacy laws). Virnika will reasonably assist you in fulfilling such requests, including requests to access, delete, or correct Customer Personal Data. You agree to notify Virnika promptly of any data subject request that relates to Virnika's processing of Customer Personal Data.

11.4 Data Security Incidents

In the event of a data breach affecting Customer Personal Data, Virnika will notify you without undue delay and provide reasonable cooperation and assistance in investigating and mitigating the breach.

11.5 Call Recording Compliance

You acknowledge that Virnika's services involve the recording of telephone calls. You are responsible for ensuring compliance with all applicable federal and state laws regarding call recording and notification, including obtaining any required consent from callers. Virnika provides tools and features to assist with compliance, but ultimate responsibility for lawful recording practices rests with you.

12. Communications Consent

By creating an account or providing your contact information, you consent to receive communications from Virnika, including but not limited to emails, phone calls, and text messages, related to your account, service updates, billing, and promotional offers. You may opt out of promotional communications at any time by following the unsubscribe instructions provided in the communication or by contacting us at manager@virnika.ai. Opting out of promotional communications does not affect our ability to send you transactional or service-related messages necessary for the operation of your account.

13. Feedback and Suggestions

If you provide Virnika with any feedback, suggestions, ideas, or proposals ("Feedback"), you hereby assign to Virnika all rights, title, and interest in and to such Feedback. Virnika shall be free to use, reproduce, modify, and distribute any Feedback without any obligation, compensation, or attribution to you. You acknowledge that Virnika may already be developing or may in the future develop features or products similar to your Feedback, and nothing in these Terms restricts Virnika's right to independently create, develop, or acquire similar products or services.

14. Service Updates and Maintenance

Virnika may, from time to time, update, modify, or enhance the services, including releasing new features, fixing bugs, or making changes to the user interface. Virnika may also perform scheduled or emergency maintenance that temporarily interrupts service availability. Virnika will use commercially reasonable efforts to provide advance notice of planned maintenance through email or in-app notifications. You agree that Virnika shall not be liable to you or any third party for any modification, suspension, or discontinuation of the services or any part thereof.

15. Modification of Terms

Virnika reserves the right to modify these Terms at any time. When we make material changes, we will notify you by email to the address associated with your account and/or by posting a prominent notice on our website at least thirty (30) days before the changes take effect. Your continued use of the services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the services and may terminate your account in accordance with Section 8.1.

16. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of North Carolina, and you irrevocably submit to the exclusive jurisdiction of the courts in that location.

17. Contact Information

Questions about the Terms of Service should be sent to us at:
Email: manager@virnika.ai
Address: 136 E Rosemary St #100, Chapel Hill, NC 27516