Please read these terms carefully before using our services
These Terms and Conditions (the "Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Z360.AI (Inh. Alper Koyuncu,) ("Company", "we", "us", or "our"), concerning your access to and use of the www.z360.ai website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Service").
You agree that by accessing the Service, you have read, understood, and agreed to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Service and you must discontinue use immediately.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.
For the purposes of these Terms and Conditions, the following definitions shall apply:
• "User": Refers to any individual or entity who accesses or uses our Service
• "Account": The registered user account that is required to access and use certain aspects of the Service.
• "Content": Any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Service
• "Subscription": The fee-based arrangement for accessing our Service, which is subject to recurring charges as set forth in these Terms.
• "Confidential Information": Information that is proprietary or confidential and is either clearly labeled as such or identified as Confidential Information.
• "Inbound Calls": Refers to calls that our AI receptionist answers on behalf of the User to answer to third parties.
• "Compliance Requirements": Legal and regulatory standards applicable to the use of our Service, including but not limited to telemarketing laws and regulations.
• "AI Platform" means Z360.AI's proprietary web-based software platform that has been programmed to help end-users build and deploy artificial intelligence models.
• "AI Agent" refers to our virtual assistant.
• "AI-Generated Content" means any content, including but not limited to text, audio that is generated by the AI Platform based on user inputs or interactions.
• "Chat-Bot" means an automated messaging system that uses AI to interpret and respond to user messages on platforms such as WhatsApp, enabling real-time interactions without the need for human intervention.
• "Chat-Bot Agent" means an AI-powered virtual assistant that operates within a messaging platform, such as WhatsApp, to engage with users, process their requests, and provide automated responses or services in real time.
The Service is intended only for access and use by individuals at least eighteen (18) years of age. By accessing or using any part of the Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of these Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Service.
Z360.AI provides an all-in-one AI Agent and AI Chat Bot solution for businesses, specializing in restaurant automation. Our Virtual Assistant handles 24/7 calls, WhatsApp messages, orders (pickup/delivery), reservations, and claim management using human-like conversations in multiple languages. It integrates directly with POS systems (e.g., Kassen), third-party services (OpenTable), and CRM tools to sync orders, payments, and customer data. Features include customizable workflows, SMS communication, WhatsApp Messages, complaint resolution (refunds, escalations), and a real-time analytics dashboard for tracking calls, orders, and customer trends. Reduce costs, eliminate errors, and scale operations seamlessly with automated, end-to-end customer service.
To gain full access to the Service, Users are required to create an Account, which involves providing accurate and complete registration information and updating such information as necessary to maintain its accuracy. The User is responsible for maintaining the confidentiality of their Account and password and for restricting access to their computer or device, and they agree to accept responsibility for all activities that occur under their Account. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
6.1. Platform Provider: Z360.AI operates as a managed AI platform for inbound call processing. We design, develop, and maintain the AI workflows, prompts, and conversation logic used to handle customer calls. This includes automating responses, order management, reservations, and claims resolution based on the business information you provide (e.g., menus, FAQs, services). Z360.AI assumes no liability for outcomes resulting from inaccuracies in user-provided data or misuse of the platform.
6.2. User Responsibility: You, the user, are solely responsible for:
• Data Accuracy: Providing complete, up-to-date business information (e.g., opening hours, menu items, pricing, promotions, service descriptions) to ensure AI responses align with your operations.
• Legal Compliance: Ensuring all user-provided content complies with applicable laws, including data privacy (GDPR, CCPA), advertising standards, and industry-specific regulations (e.g., food safety disclosures).
• Consent & Transparency: Disclosing AI usage to customers (if legally required) and obtaining necessary consents for data collection inbound interactions.
• System Integration: Validating the accuracy of AI-processed orders, reservations, or claims synced to your POS, CRM, or third-party systems.
• Monitoring: Reviewing call logs, analytics, and AI performance reports provided in your dashboard to identify discrepancies or updates needed in your business data.
6.3. No Legal Advice: Z360.AI does not provide legal advice. It is your responsibility to consult with legal counsel to ensure your use of our platform complies with all applicable laws and regulations.
You agree not to use the Service for any unlawful purpose or in any way that violates local, state, national, or international laws. You are solely responsible for ensuring that your use of the Service complies with all applicable laws and regulations. Prohibited uses include but are not limited to:
• Criminal activities
• Malicious, fraudulent, or illegal purposes
• Infringement of Z360.AI or third party intellectual property rights
• Defamatory, harassing, abusive, or threatening use
• Distribution of unauthorized spam
• Transmission of viruses, malware, or other destructive code
• Gathering or transmitting personal information without consent
• Interference with service functionality or security features
• Making any calls to emergency telephone lines, public safety answering points, health care facilities, or any service for which the called party is charged for the call
• Engaging in spamming or other abusive calling practices
• Using the Service to develop competitive products or services
Z360.AI reserves the right to limit calling frequency to prevent unlawful calling activity. Any damages caused by Z360.AI as a result of prohibited or non-prohibited use cases is solely the responsibility of the user.
You agree not to upload, post, host, or transmit any content that:
• Is unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, contains pornography, or racially, ethnically or otherwise objectionable
• Encourages criminal conduct or provides instructional information about illegal activities
• Infringes any third party's intellectual property or publicity rights
• Constitutes unauthorized spam or bulk communications
• Contains software viruses or malware designed to interrupt, destroy, or limit Service functionality
• Burdens infrastructure in a way that negatively impacts Service performance, including "denial of service" attacks
• Attempts to gain unauthorized access to other accounts, computer systems, or networks connected to the Service
• Uses automated means to access the Service that are not permitted by Z360.AI
• Collects information about Service users without obtaining consent
• Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity
Z360.AI has sole discretion to determine whether User Content violates this Acceptable Use Policy. Z360.AI may at any time remove User Content that violates this policy. Repeated violations may lead to account termination.
If the WhatsApp Agent receives forty (40) messages from the same phone number within a single session, the system will automatically block that phone number to prevent abuse, technical overload, or conversation loops. Reactivation of the phone number requires manual review and reopening by Z360.AI.
When using a trial account, Z360.AI may throttle or temporarily limit usage at its reasonable discretion if more than twenty (20) sessions are processed on a single calendar day. This fair-use limit applies only during the trial period and no longer applies after the trial period ends, unless otherwise stated in the order confirmation, on the pricing page, or in an individual agreement.
You may only use the Service to make calls to persons who have provided prior express consent to be called or with whom you have an established business relationship, as defined under applicable law. Z360.AI reserves the right to request evidence of such consent or business relationship.
You must properly identify yourself on outbound calls by transmitting accurate Caller ID information for all calls. You may not block Caller ID information, use an anonymous phone number, or misrepresent the originating phone number or identity of the caller.
Z360.AI reserves the right to cooperate with any law enforcement authorities or regulators regarding any suspected illegal, fraudulent, or improper use of the Service. This may include disclosing information about your use of the Service and account.
9.1. Responsibility for Compliance: While Z360.AI may provide features to assist with compliance, Z360.AI is not obligated to educate or inform you on how to remain compliant. It is ultimately your responsibility to ensure that your use of the Service, including all outbound calls, complies with all applicable laws and regulations. Z360.AI is not responsible for any failure on your part to comply with these laws and regulations.
Access to the Service is provided on a subscription basis. The current Subscription fees are outlined on our pricing page, subject to change at our discretion. Subscriptions are billed in advance on a monthly or annual basis and will automatically renew each month or year on the date of the original subscription until canceled by the User in accordance with our cancellation policy. The Subscription fee may be subject to tax, which will be charged in addition to the Subscription fee.
We may offer multiple Subscription plans, including special promotional plans or Subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms will be disclosed at your sign-up or in other communications made available to you.
In the event of multiple failed payment attempts due to declined credit card transactions, we reserve the right to automatically cancel your Subscription and terminate your Account. Users will be notified prior to any such cancellation and provided with an opportunity to update their payment information to avoid service interruption.
In addition to the Subscription fee, Users will incur additional usage-based fees. These usage fees will be calculated on a monthly basis and billed in conjunction with the Subscription fee. Billing will occur monthly, although we reserve the right to change this date at our sole discretion. All fees are non-refundable except as required by law or as explicitly set forth herein. We reserve the right to change the usage fees at any time, subject to providing Users with prior notice of such changes. In the event of late payment, we may suspend or terminate your access to the Service.
You have the option to cancel your Subscription at any time. Cancellation requests must be made through your Account settings or by contacting our customer service team. Following cancellation, your access to the Service will persist until the end of the current billing period.
Our Service is offered on a digital, subscription-based model. As such, refunds are generally not provided. Exceptions may be made at our discretion, subject to specific circumstances. Should you believe you are entitled to a refund, please submit a request in writing to our customer support within the specified timeframe. Your eligibility for a refund will be assessed based on various factors, including but not limited to service usage, compliance with our Terms, and the nature of the issue prompting the refund request.
Z360.AI retains all rights, title, and interest in the Services, including all related intellectual property rights. Any modifications, enhancements, or customizations to the Services will be the sole property of Z360.AI.
You retain all rights to data you provide through the use of our Services. However, Z360.AI may collect, generate, and use data from your usage to improve our Services. We will treat such data with strict confidentiality and in accordance with our Privacy Policy.
Z360.AI retains all rights, title, and interest in the AI Platform and the underlying technology used to generate AI-Generated Content.
Our Privacy Policy, which is separate from these Terms, describes how we collect, use, and disclose information about our users. We recommend that you read our Privacy Policy thoroughly to understand our privacy practices. Our services use Artificial Intelligence (AI) for various functions. We are committed to responsible AI use, adhering to regulatory guidelines.
We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security due to the inherent nature of the internet. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Service.
Each party agrees to protect the other party's proprietary information with the same standard of care it uses to protect its own similar information but no less than reasonable care. Proprietary information will only be used for the purpose of fulfilling obligations under this Agreement and will not be disclosed to third parties except as required by law.
We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Z360.AI shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. We do not guarantee that the Service will always be available or be uninterrupted. We may suspend, withdraw, discontinue, or change all or any part of our Service without notice. We will not be liable if, for any reason, our Service is unavailable at any time or for any period.
Our Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Z360.AI. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Service, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites.
We leverage various third-party providers to enhance our services, and will continue to do so for our AI Products and other Z360.AI Services and features. Your use of Z360.AI's AI-enabled products and services is also governed by the terms of use, codes of conduct, and policies with these third-party service providers located on each provider's websites. The current list of third-party AI providers integrated into services and products is as follows:
AI Products
• OpenAI
• Anthropic
• ElevenLabs
You agree to comply with all applicable national and international laws, regulations, directives, and official requirements in connection with your use of our Service, including all content and materials provided therein. This includes, but is not limited to:
• Compliance with the German Telecommunications Act (Telekommunikationsgesetz - TKG), the Act Against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb - UWG) — in particular the provisions regarding unlawful telephone marketing (§ 7 UWG) — as well as the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (Bundesdatenschutzgesetz - BDSG);
• Adherence to all applicable export and re-export control laws, including the German Foreign Trade and Payments Act (Außenwirtschaftsgesetz - AWG), the Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung - AWV), and EU Regulation (EC) No. 428/2009 concerning the control of exports of dual-use items and technology.
You further agree not to export, re-export, or otherwise transfer any content or materials from the Service in violation of applicable export control laws and regulations.
You agree to indemnify, defend and hold harmless Z360.AI and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Service or your breach of these Terms. This indemnification obligation will survive the termination of these Terms and your use of the Service.
To the fullest extent permitted by applicable law, in no event will Z360.AI, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence, or otherwise, even if Z360.AI has been advised as to the possibility of such damages or could have foreseen such damages.
23.1. Platform Liability: To the fullest extent permitted by law, Z360.AI shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from your use of our platform for outbound calls. This includes, but is not limited to, any damages arising from violations of telemarketing laws, privacy laws, or other applicable regulations.
23.2. User's Assumption of Risk: By using our platform for outbound calls, you assume all risk associated with such use. You acknowledge that it is your responsibility to use the platform in compliance with all applicable laws and regulations, and that Z360.AI has no control over or responsibility for the content, timing, or recipients of calls made through our platform.
24.3 No Warranty for AI-Generated Content: Z360.AI provides no warranty regarding the accuracy, completeness, or appropriateness of any AI-Generated Content. User uses such content at their own risk and is solely responsible for any decisions or actions taken based on AI-Generated Content. Z360.AI shall not be liable for any damages or losses resulting from decisions made by Licensee based on AI-Generated Content or AI model outputs. User acknowledges that the AI Platform is a tool to assist in decision-making and does not replace human judgment or expertise.
Z360.AI provides an AI phone receptionist service that involves artificial intelligence (AI) performing various tasks such as answering calls, making outbound calls, scheduling, and responding to queries. While we endeavor to ensure that the AI service operates as intended, you acknowledge and agree that Z360.AI shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:
• The performance, actions, or statements made by the AI-powered receptionist in both inbound and outbound calls;
• Any unauthorized access to or alteration of your transmissions or data;
• Any violations of telemarketing laws or regulations resulting from your use of our Service;
• Any other matter relating to the Service.
This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Each party represents that they have the full right and authority to enter into this Agreement and that this Agreement does not conflict with any other agreement or obligation.
You warrant that you will use our Services in compliance with all applicable laws and that the data you provide does not infringe on any third-party rights.
Z360.AI provides the Services on an "as-is" and "as available" basis. Except as expressly provided in this Agreement, we disclaim all warranties, whether express or implied, including the implied warranties of merchantability and fitness for a particular purpose.
Any disputes arising out of or relating to these Terms, the Service, or your relationship with Z360.AI shall be governed exclusively by the laws of the Federal Republic of Germany.
The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms shall be the courts of _______, Germany, provided that the user is a merchant, a legal entity under public law, or a special fund under public law.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
This Agreement commences on the Effective Date and will remain in effect until terminated by either Z360.AI in accordance with these Terms. We reserve the right to suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.
29.1. Notices: All notices and communications must be in writing and delivered by recognized courier services, email, or registered mail to the addresses provided in this Agreement.
29.2. Force Majeure: Neither party shall be liable for delays or failures in performance resulting from causes beyond their reasonable control, including but not limited to acts of God, labor disputes, and governmental actions.
29.3. Entire Agreement and Amendments: This Agreement constitutes the entire agreement between the parties. Any amendments must be in writing and signed by both parties.
29.4. Severability: If any part of this Agreement is found invalid or unenforceable, the remainder of the Agreement will remain in effect.
29.5. Assignment and Successors: This Agreement may not be assigned without the prior written consent of the other party, except in the case of a merger or acquisition.