We are Varun Kumar (sole proprietor), doing business as Yorcle ("Company," "we," "us," "our"), based in Karala, North West Delhi, Delhi 110081, India.
We operate the website https://www.yorcle.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
Yorcle provides an AI-powered platform for restaurants. Our Service integrates with restaurants' messaging channels (such as WhatsApp and SMS) and point-of-sale systems (Square) to handle complex customer orders, reservations, answer questions, and process transactions on the restaurant's behalf. The Service supports order flows for dine-in (including QR code ordering) and pickup, with delivery in development.
You can contact us by email at support@yorcle.com or by mail at the address above.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Varun Kumar (sole proprietor), concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any material changes to these Legal Terms. The modified Legal Terms will become effective upon posting or upon notification sent to your registered email. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Services are intended for use by restaurant businesses and their authorized representatives. The Services are not intended for personal or consumer use; the Services are licensed for internal business purposes only.
When you (the restaurant) use our Services to process personal information about your end customers, you act as the Data Controller and Yorcle acts as the Data Processor. You are responsible for:
You are responsible for ensuring compliance with applicable telecommunications laws, including but not limited to:
You confirm that you will not use the Service to initiate communications with end customers who have not provided appropriate consent under applicable law. You acknowledge that Yorcle's AI responds only to messages initiated by end customers or sent in response to those customer messages; Yorcle does not initiate cold outreach to your end customers on your behalf.
You are solely responsible for verifying the age and eligibility of end customers purchasing age-restricted products (such as alcohol, tobacco, or other restricted items) through the Service. Yorcle does not perform age verification and is not liable for sales of age-restricted products to underage end customers through the Service.
By signing up for the Service, you confirm that you have the legal right to collect and process your customers' data through the Service and have obtained or will obtain all required consents from your customers for automated messaging and data processing per applicable law.
The Services are fundamentally powered by artificial intelligence, including third-party large language model providers such as OpenAI. The AI processes customer messages, identifies menu items, applies modifications, calculates totals, processes payments, and routes orders.
You acknowledge and agree that:
You are responsible for:
To the fullest extent permitted by law, Yorcle is not liable for any losses, damages, or claims arising from AI misinterpretation, missed orders, incorrect modifications, or other errors in AI-generated outputs. Your remedies for AI errors are limited to the limitation of liability provisions in Section 19.
You may not attempt to manipulate, abuse, or override the AI components of the Service for purposes outside of legitimate restaurant operations, including but not limited to prompt injection attacks, jailbreak attempts, or attempts to extract proprietary system prompts or training data.
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States, India, and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your internal business purpose only.
Subject to your compliance with these Legal Terms, including the "Prohibited Activities" section below, we grant you a non-exclusive, non-transferable, revocable license to:
solely for your internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You confirm that any Submissions are original to you or that you have the necessary rights to submit them, and that they do not constitute confidential information.
By becoming a customer, you grant us the right to identify you as a customer of the Service in our marketing materials (including listing your business name and logo on our website, in case studies, and in promotional materials). You may opt out of being publicly identified at any time by emailing support@yorcle.com.
By using the Services, you represent and warrant that:
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
Sales tax, VAT, GST, or other applicable taxes will be added to the price of purchases as required by applicable law. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Payment processing is handled by Square and Stripe. By using the Service, you also agree to the terms of these payment processors. Yorcle does not store payment card details.
Your subscription will continue and automatically renew unless cancelled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order.
The length of your billing cycle is monthly.
You can cancel your subscription at any time by logging into your account and using the cancellation feature, or by emailing support@yorcle.com. Your cancellation will take effect at the end of the current paid term. We do not provide refunds for cancellations during a billing cycle, except as provided in the Refund Policy below.
We offer a 30-day money-back guarantee for new paid subscribers. If you are not satisfied with the Service within the first 30 days of paid subscription, you may request a full refund of your first paid month by contacting support@yorcle.com.
After the first 30 days of paid subscription, we do not provide refunds for partial months or unused subscription time. Cancellation will prevent further billing but will not result in a refund of the current paid period.
If a recurring payment fails, we will attempt to charge your payment method again at reasonable intervals. If we are unable to process payment within 7 days, we may suspend your access to the Service. We will notify you of payment failures via your registered email.
We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law, including providing at least 30 days' advance notice for material price increases. Founding-partner pricing locked in at signup will be honored as agreed.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
To deliver the Service, Yorcle uses the following categories of third-party service providers (sub-processors) that may process your data on our behalf:
A current and complete list of sub-processors is available upon request by emailing support@yorcle.com. We will notify you of material changes to our sub-processors in accordance with applicable law.
For customers subject to GDPR, UK GDPR, or other data protection laws requiring a written data processing agreement, a Data Processing Agreement (DPA) is available upon request by emailing privacy@yorcle.com.
The Services may contain links to third-party websites and content (such as integrations with Square, Meta/WhatsApp, and AI providers). We are not responsible for the content or practices of these third parties. Your use of any third-party services is subject to those parties' own terms and privacy policies. You agree to hold us blameless from any losses or harm resulting from third-party content or services.
We reserve the right, but not the obligation, to:
We care about data privacy and security. Please review our Privacy Policy.
By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.
The Services are hosted in the United States and India. By using the Services, you consent to the transfer, storage, and processing of your data and your end customers' data in these countries and in countries where our sub-processors operate.
If you access the Services from regions with data protection laws that differ from those in the US or India (including the European Economic Area, the United Kingdom, Switzerland, Canada, Australia, and New Zealand), your continued use of the Services constitutes your consent to such transfers, subject to the protections described in our Privacy Policy and any applicable Data Processing Agreement, including Standard Contractual Clauses where required.
These Legal Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these Legal Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses) to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation.
We may terminate your use or participation in the Services or delete your account and any content or information you have provided at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive remedies.
Upon termination of your account:
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.
These Legal Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles.
Yorcle and you irrevocably consent that, subject to the dispute resolution provisions in Section 16, the courts of Delhi, India shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party at the contact details provided in these Legal Terms.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. The arbitration shall be administered under the Arbitration and Conciliation Act, 1996 of India, as amended.
The arbitrator's decision shall be final and binding on both Parties. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:
(a) No arbitration shall be joined with any other proceeding
(b) There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures
(c) There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons
The following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
(a) Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party
(b) Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use
(c) Any claim for injunctive relief
If any provision of this Section 16 is found to be illegal or unenforceable, neither Party will elect to arbitrate any Dispute falling within that portion. Such Disputes shall be decided by the courts identified in Section 15.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT:
(1) THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES
(2) THE ACCURACY, RELIABILITY, OR COMPLETENESS OF AI-GENERATED OUTPUTS, ORDER INTERPRETATIONS, MODIFICATION HANDLING, OR CUSTOMER COMMUNICATIONS
(3) UNINTERRUPTED OR ERROR-FREE OPERATION OF THE SERVICES
(4) THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SERVICES
WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, INCLUDING AI-GENERATED CONTENT
(2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES
(7) AI MISINTERPRETATION OF CUSTOMER MESSAGES, ORDERS, MODIFICATIONS, OR INSTRUCTIONS
(8) MISSED ORDERS, INCORRECT ORDERS, OR FAILED ORDER FULFILLMENT RESULTING FROM AI BEHAVIOR
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (a) THE AMOUNT PAID BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING, OR (b) $100.00 USD.
This limitation applies to all losses, including but not limited to losses arising from:
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data, except to the extent such loss is directly caused by our gross negligence or willful misconduct.
For details on how we handle personal information, including retention periods and your rights, please refer to our Privacy Policy.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
By opting into any Yorcle text messaging program (whether as a Yorcle customer or as an end customer of a restaurant using Yorcle), you expressly consent to receive text messages (SMS) to your mobile number. Yorcle text messages may include:
If you are a restaurant using the Service to send SMS messages to your end customers, you are responsible for obtaining appropriate consent from your end customers in compliance with applicable telecommunications laws, including TCPA (US), CAN-SPAM (US), PECR (UK), CASL (Canada), and similar laws. Yorcle does not provide first-contact outreach services to your end customers; SMS communications via the Service are responses to customer-initiated messages or are sent based on consent obtained by you.
If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP." You may receive an SMS message confirming your opt-out. After this, you will no longer receive SMS messages from us. If you want to join again, please sign up as you did the first time.
End customers of restaurants using the Service may also opt out by replying STOP to any automated message; the restaurant is responsible for honoring such opt-outs.
Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan. Carriers are not liable for delayed or undelivered messages.
If you have any questions or need assistance regarding our SMS communications, please reply with the keyword HELP, or email us at support@yorcle.com.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.
These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Varun Kumar (sole proprietor)
Doing business as Yorcle
Karala, North West Delhi
Delhi 110081
India
Email: support@yorcle.com
Privacy inquiries: privacy@yorcle.com
Contact form: yorcle.com/contactus