Terms of Service

Last Updated: 6/10/2025

These Terms of Service (“Terms”) are a legally binding agreement between you (“Customer,” “you,” or “your”) and Hungry Hungry Trading (“Otto,” “we,” “our,” or “us”), an Australian proprietary limited company, governing your access to and use of Otto’s services, including our AI-powered phone ordering system, software applications, websites, hardware (including optional printers), and related services (collectively, the “Services”).

By accessing or using the Services, you agree to these Terms. If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms.

1. Definitions

“Account” – Your registered business account for accessing Otto.
“Customer Data” – All data submitted via Otto, including call recordings, transcripts, orders, and customer information.
“Documentation” – User guides, FAQs, specifications, and instructions provided by Otto.
“Hardware” – Printers and KDS units supplied by Otto.
“Overage Charges” – Additional fees for usage above the plan’s included minutes.
“Plan” – A subscription tier (Starter, Growth, Pro, Unlimited).
“Privacy Policy” – Otto’s policy describing handling of personal data.
“Services” – AI-powered phone ordering, call processing, transcription, integrations, reporting, and hardware provided by Otto.

2. Eligibility & Accounts

Services are for business use only.
You must provide accurate business details and keep them updated.
You are responsible for safeguarding login credentials.
You may authorise employees/contractors to use Otto, but remain responsible for their actions.

3. Services & Features

Otto provides AI-driven phone answering, order capture, transcription, and optional hardware.
Plan features are listed on Otto’s website and may change at our discretion.
Trials may be offered on a temporary basis and withdrawn at any time.
Otto does not guarantee that specific features will always be available.

4. Fees, Billing & Payments

Starter Plan: $1 per call (first 20 free).
Subscriptions: Billed monthly or annually in advance; overages billed in arrears.
Hardware: Printers $300 one-off purchase; ownership transfers on delivery.
Taxes: Fees exclude GST; customers must pay applicable taxes.
No Refunds: All fees are non-refundable, including early termination.
Invoices: Otto will issue valid tax invoices upon request.
Late Payments: Otto may suspend accounts for overdue balances.

5. Fair Use Policy

Unlimited plans are subject to reasonable use. Abusive or excessive traffic (e.g., call centres) may result in throttling, suspension, or termination.

6. Customer Responsibilities

Ensure compliance with food safety, liquor, and consumer laws.
Confirm accuracy of orders before fulfilment.
Provide internet, devices, and infrastructure necessary to use Otto.
Do not use Otto for fraudulent, abusive, or unlawful purposes.

7. AI Disclaimer

Otto uses AI to capture orders and provide transcripts.
AI may misinterpret speech, accents, or noise.
Otto is not responsible for errors in captured orders; you must verify before fulfilment.

8. Data, Storage & Privacy

Ownership: You retain rights to Customer Data.
License: You grant Otto a licence to process data for service delivery, analytics, AI training (anonymised), and improvements.
Retention: Recordings and transcripts may be stored indefinitely; retention limits may apply by Plan.
Deletion: Customers may request deletion or export of data, subject to limitations.
Compliance: Otto complies with the Australian Privacy Act and, where relevant, GDPR.

9. Security

Otto applies industry-standard security measures.
No system is 100% secure.
Customers are responsible for device and credential security.

10. Hardware

KDS included in plans; printers purchased outright.
Hardware provided “as is,” with protections under the Australian Consumer Law only.
Customers are responsible for setup, maintenance, and network compatibility.

11. Service Availability & Support

Otto aims for high uptime but does not guarantee uninterrupted service.
Planned and emergency maintenance may occur.
Support levels vary by Plan; Unlimited includes SLA-backed support.

12. Prohibited Uses

No fraudulent, unlawful, or abusive activity.
No resale, sublicensing, or reverse engineering.
No using Otto for unrelated industries (e.g., outbound sales, spam).

13. Beta Features

Beta services are experimental, unsupported, and may be withdrawn.
Use of beta features is at your own risk.

14. Publicity Rights

Otto may use customer name and logo in case studies, marketing, and PR unless opted out in writing.

15. Term & Termination

Customers may cancel anytime; fees are non-refundable.
Overage charges billed post-termination.
Otto may suspend/terminate accounts for non-payment or misuse.

16. Warranties & Disclaimers

Otto provides services “as is.”
Otto does not warrant uninterrupted service, accuracy, or fitness for purpose.
Customers remain responsible for legal compliance and fulfilment.

17. Limitation of Liability

Otto’s liability capped at fees paid in the prior 12 months.
No liability for indirect, incidental, or consequential damages.

18. Indemnification

Customers indemnify Otto against claims arising from:

Customer’s use of Otto,
Breaches of law (e.g., alcohol sales),
Data errors, third-party disputes.

19. Force Majeure

Otto is not liable for events beyond its control (e.g., outages, strikes, disasters).

20. Governing Law

These Terms are governed by the laws of Victoria, Australia.

Parties submit to the jurisdiction of the courts of Victoria and the Federal Courts of Australia.

21. Assignment

Customers may not transfer rights without consent.

Otto may assign rights (e.g., in M&A).

22. Notices

Notices may be given via email or in-app messages.

23. Severability

If any clause is invalid, the rest remain enforceable.

24. Entire Agreement

These Terms constitute the entire agreement between Otto and the Customer.

25. Variation

Otto may update these Terms. Continued use means acceptance.