01 About Smart Waiter™

Smart Waiter™ is a software-as-a-service platform operated by Nexus 33 LLC, a Wisconsin limited liability company. Smart Waiter helps restaurants give their guests an AI-powered chat for asking questions about the restaurant's menu, ingredients, and allergen information. Smart Waiter is a communication tool only — it does not replace restaurant staff, food-safety procedures, or direct conversation with the restaurant about a guest's specific needs.

02 How Smart Waiter Sources Information

Smart Waiter responds only using data that the restaurant has uploaded and activated through its manager dashboard. The system does not search the internet, does not pull from outside databases, and does not generate information the restaurant has not provided. If a question falls outside the restaurant's uploaded data, Smart Waiter will state that it does not have that information rather than guessing.

03 Allergy & Dietary Information — Important

• Allergen and dietary information shown by Smart Waiter reflects only what the restaurant has entered into the system.
• Smart Waiter cannot detect cross-contamination, last-minute ingredient substitutions, recipe variations, kitchen-handling practices, or shared cooking surfaces.
• Guests with food allergies, intolerances, or strict dietary requirements must always confirm directly with restaurant staff before ordering.
• Smart Waiter is an informational tool, not a medical or food-safety guarantee. Reliance on Smart Waiter alone for allergy or dietary decisions is not advised.

04 Restaurant Responsibility

Restaurants using Smart Waiter are responsible for the accuracy, completeness, and timeliness of the menu, ingredient, and allergen information they upload. Smart Waiter does not independently verify restaurant-provided data and is not the source of that information.

05 AI-Generated Responses

Smart Waiter uses an AI model to phrase and format responses based on the restaurant's data. While the system is designed to stay strictly within the provided data, AI responses may occasionally misinterpret a question, format information unclearly, or omit detail the user expected to see. Users should re-read responses and ask follow-up questions if anything is unclear.

06 Limitation of Liability

• Smart Waiter, Nexus 33 LLC, and its operators are not liable for any allergic reaction, illness, injury, or other damages resulting from incorrect, missing, or outdated menu or allergen information.
• Smart Waiter is not liable for business losses, operational disruptions, or financial damages arising from use of or reliance on the service.
• Smart Waiter does not provide legal, medical, dietary, or business advice.

07 Service Availability

Smart Waiter is provided "as is" and "as available." We do not guarantee uninterrupted access and may modify, suspend, or discontinue features at any time without notice.

08 External Links & Third-Party Services

Smart Waiter may link to external sites or operate alongside third-party services (including our AI provider, payment processor, and authentication system). We do not control these third parties and are not responsible for their content or practices.

09 Updates to This Disclaimer

This Disclaimer may be updated periodically. Continued use of Smart Waiter indicates acceptance of revisions.

At Smart Waiter, privacy isn't a checkbox — it's part of how the Service was built. This Privacy Policy explains what we collect, what we do with it, who else touches it, and what we deliberately do not do.

01 Who This Policy Covers

This policy applies to three groups:

• Restaurant managers who create accounts, upload menus, and use the dashboard
• Customers who chat with Smart Waiter through a participating restaurant — no account, no signup, no identity required
• Visitors browsing the public Smart Waiter website

02 What We Collect — and Why

From Restaurant Managers

• Email and password — needed so you can log in. Passwords are securely hashed before storage.
• Restaurant profile (name, hours, location, phone, website, description)
• Menu, ingredient, and allergen data you upload — the entire purpose of Smart Waiter.
• Image and logo files — for your profile and customer-facing branding.
• Subscription plan and trial status
• Sign-in timestamps and basic technical metadata — to detect suspicious logins.

From Customers Using the Chat

The system records the message, the AI's reply, items or allergens mentioned, and timestamps. We do not collect: names, email addresses, phone numbers, payment info, or any identifier. Customers don't sign in.

Automatically Collected

• Browser and device type — for performance and compatibility
• IP address — for security and abuse prevention
• Session cookies — to keep you logged in as a manager

03 Where Your Data Lives

Each restaurant account on Smart Waiter is isolated. Your menus, chat logs, uploaded files, and customer conversations live within your own account space. They are not pooled into a shared database, blended with other restaurants, or used to train or improve other restaurants' chats.

• Restaurant A cannot see Restaurant B's data — ever.
• We do not aggregate customer chats across restaurants for analysis.
• Your menu data is not used to train AI models or feed any other restaurant's results.

04 How Smart Waiter Staff Access Your Data

Our staff can access account data when needed — but the access is limited and purposeful, not routine. Staff access happens only when:

• A restaurant requests support and we need to look at their data to help
• We need to investigate a bug, error, or technical issue affecting an account
• We're investigating abuse, security incidents, or violations of our Terms
• A legitimate legal request requires it

We do not read individual customer chats unless one of the situations above applies. We do not sell, share, publish, or monetize account data in any way.

05 Third-Party Services We Use

• Anthropic (Claude AI) — for generating chat replies. Per Anthropic's API policy, this content is not used to train their models.
• Supabase — stores restaurant account credentials and handles login.
• Stripe — processes payments when subscription billing is enabled.

We do not sell your data. We do not share data with advertisers.

06 How We Use the Information We Collect

• To run your chat — menu data plus customer messages produce an AI reply.
• To populate your dashboard — insights from that restaurant's own chat logs.
• To bill you — through Stripe, when subscription billing is enabled.
• To keep accounts secure — login timestamps and IP addresses help spot suspicious activity.
• To improve the platform — using aggregated, anonymized statistics only.
• To contact you — about service updates, billing, or important changes.

07 Data Retention

• Active accounts — data stays as long as the account is active.
• Closed accounts — data retained for a reasonable period (typically up to 90 days), then removed.
• Chat logs — retained inside the restaurant's own account; restaurants can request earlier deletion.
• Encrypted backups — may persist for a limited period.

08 Your Rights

If You're a Restaurant Manager

You may at any time update or correct your information, request deletion of your account, request an export of your data, or ask questions about what's stored. Email support@thesmartwaiter.com.

If You're a Customer Who Used the Chat

Because we don't collect identifying information from customers, we generally cannot link a specific chat to a specific person. Each restaurant controls its own chat logs and can delete them on request.

09 California Residents (CCPA)

California residents have additional rights under the CCPA, including the right to know what personal information is collected, to delete it, to opt out of sale (we do not sell personal information), and not to be discriminated against for exercising these rights. Contact support@thesmartwaiter.com.

10 Children's Privacy

Smart Waiter is not directed at children under 13, and we do not knowingly collect data from them.

11 Security

We protect your data with hashed password storage, encrypted connections (HTTPS), access controls, and isolated account folders.

12 International Users

Smart Waiter is operated in the United States. If you access the service from outside the U.S., your data will be processed in the U.S.

13 Changes & Contact

We may update this Privacy Policy as the Service evolves. Material changes are emailed to account holders.

Questions? Email support@thesmartwaiter.com.

These Terms & Conditions ("Terms") govern your use of Smart Waiter, operated by Nexus 33 LLC, a Wisconsin limited liability company.

01 Acceptance of Terms

By creating an account, accessing, or using Smart Waiter, you confirm that you have read, understood, and agreed to these Terms. If you do not agree, please do not use the service.

02 About the Service

Smart Waiter is a software-as-a-service platform that restaurants subscribe to in order to give their guests an AI-powered chat experience. Restaurants upload menu, ingredient, and allergen information through their manager dashboard. The Service responds only using information the restaurant provides.

03 Eligibility & Accounts

You must be at least 18 years old and authorized to act on behalf of a restaurant in order to create a manager account. You are responsible for the accuracy of your registration information and for maintaining the security of your login credentials.

04 Restaurant Responsibilities

• Upload accurate, complete, and current menu, ingredient, and allergen information
• Update your content as your menu, ingredients, or operations change
• Use Smart Waiter in compliance with food labeling and food safety laws
• Not upload unlawful, infringing, or misleading content
• Not misuse, reverse engineer, or attempt to attack the service

05 Subscriptions, Free Trial & Billing

Free Trial

New accounts include a 30-day free trial. No payment method is required.

Plans

Paid plans are billed monthly. Current plans are Starter, Pro, and Premium.

Cancellation

Cancel any time through your dashboard. Cancellation takes effect at the end of the current billing cycle.

Refunds

Subscription fees are generally non-refundable, except where required by law.

Payment Processing

Payments processed by Stripe. We do not store full payment card details.

06 Restaurant Content & Ownership

You retain all rights to the menu, ingredient, allergen, image, and other content you upload ("Restaurant Content"). By uploading, you grant us a limited, non-exclusive, royalty-free license to host, process, transmit, and display this content solely to operate the Service for you and your guests. We do not use Restaurant Content to train AI models.

07 AI-Generated Responses

Replies are generated by an AI model based only on Restaurant Content. While the system stays strictly within provided data, AI responses may occasionally be unclear, incomplete, or misinterpret a question.

08 Allergy & Safety Notice

Allergen information shown by Smart Waiter reflects only what the restaurant has entered. Smart Waiter cannot detect cross-contamination, recipe changes, or kitchen handling practices. Guests with food allergies must always confirm directly with restaurant staff.

09 Acceptable Use

• Do not use the Service for any unlawful purpose
• Do not upload content you do not have rights to
• Do not attempt unauthorized access to other accounts or the system
• Do not interfere with the operation of the service
• Do not use the service to harass, defame, or harm others

10 Intellectual Property

The Smart Waiter name, the SMARTWAITER™ wordmark, the cloche logo, the platform's designs, software, dashboards, prompts, user interfaces, workflows, source code, database structures, AI configurations, and the platform as a whole are the exclusive property of Nexus 33 LLC, protected by copyright, trademark, and trade secret law. You may not copy, modify, redistribute, or use any of them without prior written permission.

You agree not to:

• Reproduce, replicate, or reverse engineer any portion of Smart Waiter, including its user interface, dashboard layout, feature set, workflow design, AI prompt structure, activation system, or underlying methodology
• Create, develop, or assist in the development of any product, service, or software that is substantially similar to or competitive with Smart Waiter, using knowledge, observations, screenshots, or materials obtained through your use of the service
• Scrape, harvest, or extract data from the platform through automated means or for the purpose of replicating its functionality
• Use the Smart Waiter name, logo, screenshots, or marketing materials to promote a competing service
• Remove, alter, or obscure any copyright, trademark, or proprietary notices appearing in the platform

This Section survives any termination of your account or these Terms.

11 Confidentiality

Through your use of Smart Waiter, you may be exposed to non-public information about how the Service operates — including its dashboards, prompts, internal workflows, analytics tools, features in development, pricing structures, and other operational details ("Confidential Information"). You agree to:

• Keep all Confidential Information strictly confidential and not share, publish, or disclose it
• Not use Confidential Information to assist any third party in building, designing, or marketing a competing product or service
• Limit internal access to Confidential Information to employees and contractors with a legitimate need to know
• Notify us promptly of any unauthorized disclosure or use

This obligation continues for two (2) years after termination of your account.

12 Termination

Either party may end the relationship at any time. We may suspend or terminate accounts that violate these Terms, abuse the service, or fail to pay subscription fees. Upon termination, intellectual property, confidentiality, liability, and governing law provisions remain in effect.

13 Disclaimers

Smart Waiter is provided "as is" and "as available." We disclaim all warranties not expressly stated, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

14 Limitation of Liability

To the fullest extent permitted by law, Nexus 33 LLC and its operators are not liable for any indirect, incidental, special, or consequential damages — including allergic reactions, business losses, lost profits, or data loss. Our total aggregate liability shall not exceed the amount you paid to us in the twelve (12) months prior to the event giving rise to the claim.

15 Indemnification

You agree to indemnify and hold harmless Nexus 33 LLC and its operators from any claims, damages, or expenses arising from your use of the service, your Restaurant Content, your breach of the Intellectual Property or Confidentiality sections, or your violation of these Terms.

16 Governing Law & Disputes

These Terms are governed by the laws of the State of Wisconsin. Any dispute shall be resolved exclusively in the state or federal courts located in Wisconsin. We may seek injunctive or equitable relief in any court of competent jurisdiction to enforce intellectual property and confidentiality rights, without the need to post bond.

17 Changes & Contact

We may update these Terms from time to time. Material changes will be emailed to account holders. Questions? Email support@thesmartwaiter.com.