Terms & Conditions

These Terms of Service (“Terms”) govern access to and use of the Penny platform (the “Service”), an AI-powered customer-communication platform for restaurants and food-service businesses that handles voice calls and — where enabled — SMS and WhatsApp messaging, operated by INCYTE WORKS L.L.C. (“the Company,” “we,” “us”). By checking the acceptance box during onboarding, or by using the Service, the person completing registration represents that they have authority to bind the restaurant, business, or entity on whose behalf they are registering (“the Client”), and accepts these Terms and the Privacy Policy. If the Client does not agree to these Terms, it must not complete registration or use the Service.

SMS Program Terms

Penny by Incyte Works may send transactional SMS messages, including account authentication or verification codes and, where enabled and consented to, service-related messages such as requested links, order or reservation confirmations, status updates, or customer-service communications.

Message frequency varies. Msg & data rates may apply. Reply STOP to opt out. Reply HELP for help. For support, contact info@incyte.works.

Consent to receive SMS messages is not a condition of purchasing goods or services. SMS consent applies only to the sender, message type, and purpose disclosed when consent is obtained. Transactional consent and marketing consent are treated separately where required by law.

Wireless carriers are not liable for delayed or undelivered messages. After a valid STOP request, Penny may send a single confirmation of the opt-out and will stop further messages covered by that consent unless the recipient later opts in again.

1. Definitions

Service or Platform: the software, telephony and messaging infrastructure, web administration panel, and conversational artificial intelligence provided by the Company under the Penny brand, including receiving and handling inbound phone calls and, where enabled for a given Client, SMS and WhatsApp messages; taking food orders; managing reservations; and related administrative functions.

Client: the restaurant, food-service business, or person that registers to use the Service.

Account: the administrative or manager user that the Client creates to access the administration panel.

End Customer: the individual who contacts the Client's business through the Service and who is not a party to this agreement.

Client Data: business information the Client uploads or authorizes, such as menu, prices, hours, reservation policies, custom instructions for the AI Agent, phone number, and address.

End Customer Data: information generated or obtained during an interaction handled by the Service, such as phone number, name, order or reservation details, and call transcript. If a call-recording feature is enabled in the future, recorded audio may also constitute End Customer Data.

AI Agent: the artificial-intelligence system that interprets speech and/or text, carries the conversation, and generates voice and/or text responses on the Client's behalf across enabled channels.

Plan: Penny Connect, Penny Order, or Penny Enterprise, as described below and detailed in the administration panel at the time of purchase.

2. Description of the Service

The Service may include:

• An AI Agent that answers inbound calls, converses using speech recognition and synthesis, answers questions about menus and hours, takes pickup or delivery orders where the Plan includes phone ordering, and manages table reservations.
• Where enabled, SMS or WhatsApp communications with End Customers for supported orders, questions, confirmations, and reminders.
• A web administration panel where the Client configures business information, menus, prices, hours, delivery zones and fees, tables, reservation policies, custom AI instructions, and reviews orders, reservations, and usage metrics.
• Call handoff to a human phone number designated by the Client when the AI Agent cannot resolve a request.
• Email notifications regarding billing, account approval status, daily activity, and calls handed off to a person, according to configured preferences.
• AI-assisted menu import from a photo or PDF, subject to Client review and confirmation before publishing.

Not every feature is enabled for every Client or Plan. The Service may be modified, improved, or discontinued in whole or in part subject to these Terms.

3. Eligibility and Registration

Only adults with legal capacity to contract, acting on behalf of a lawfully operating food-service business, may register. The Client must provide true, complete, and current registration information and keep it updated. The Company may require manual review before activating a Client's phone line and may reject or deactivate a request where there are signs of false information, fraud, or breach of these Terms.

4. Client Obligations

4.1 Accuracy of Business Information

The Client is solely responsible for the accuracy of menus, prices, hours, reservation policies, and other information the AI Agent communicates to End Customers on its behalf. The Company does not independently verify or guarantee that information.

4.2 Telephony, Messaging, Recording, and AI Disclosure Compliance

The Client is responsible for complying with applicable law regarding recording or transcribing calls and any required consent; disclosing where required that an End Customer is interacting with an artificial-intelligence system; obtaining and documenting consent for SMS or WhatsApp messaging where required; and honoring opt-out requests.

Penny currently stores text transcripts of calls and does not store call audio recordings. If call recording is enabled for a Client in the future, the Client will remain responsible for ensuring all legally required notices and consents are in place before activating that feature.

The Client represents that it has the right to have the Platform receive and operate the phone line and any applicable messaging numbers it registers.

4.3 Acceptable Use

The Client will not use the Service for unlawful, defamatory, discriminatory, or fraudulent activity; impersonation; attempts to compromise Platform security; or purposes unrelated to the legitimate operation of a food-service business.

4.4 End Customer Data

Operating the Service generates and stores personal data relating to the Client's customers. As between the parties and subject to applicable law, the Client acts as the controller or comparable regulated entity for that data and the Company acts as a processor/service provider that processes it to provide the Service.

5. Accounts, Users, and Access Security

Access to the administration panel requires an Account with an email address and password. Sign-in requires, in addition to the password, a second factor consisting of a six-digit code delivered by email and optionally by SMS to the registered phone number, unless the user has elected an available trusted-device option or signs in with Google.

The Client is responsible for keeping credentials confidential and for activity under its Account and must notify the Company promptly of suspected unauthorized access. “Sign in with Google,” where offered, links sign-in to an existing Account identified by the same verified email address and does not create a new Account. Administrative accounts may have different roles and access levels.

SMS Terms for Account Authentication

If an administrative user registers a mobile number for SMS authentication, that user agrees to receive automated transactional text messages containing one-time sign-in or verification codes from Penny by Incyte Works. Message frequency varies based on sign-in activity. Message and data rates may apply. Reply STOP to opt out and HELP for help, or contact info@incyte.works. Consent to receive SMS messages is not a condition of purchasing goods or services. Wireless carriers are not liable for delayed or undelivered messages.

SMS consent is specific to the sender, message type, and purpose disclosed when consent is obtained. SMS opt-in data and consent information are not sold or shared with third parties or affiliates for their marketing or promotional purposes. Service providers may process mobile information only as needed to provide the messaging service or as required by law.

End Customer SMS or WhatsApp messaging, if enabled for a Business Customer, is subject to separate consent and opt-out requirements appropriate to the message type and applicable law. Transactional consent and marketing consent must not be treated as interchangeable where separate consent is required.

6. Plans, Fees, and Billing

6.1 Plans

• Penny Connect: USD $399 per month per restaurant location, plus a one-time activation fee of USD $299.
• Penny Order: USD $599 per month per restaurant location, plus a one-time activation fee of USD $499.
• Penny Enterprise: custom pricing under a separate written agreement.

Every Plan includes unlimited legitimate restaurant calls for the covered location, with no per-minute charges or overage fees. Multi-location groups, franchises, and unusually high-volume operations require Penny Enterprise.

Penny Connect includes answering common questions, reservations, sending the Client's online-ordering link by text where enabled, English and Spanish support, call summaries and transcripts, and call transfers. Penny Order includes Penny Connect features plus full phone ordering, menu modifiers, special requests, order confirmations, automated upselling, and direct submission of confirmed orders to the Client's point-of-sale system where an integration is available. Penny Enterprise includes Penny Order features plus multi-location reporting, custom capacity, custom integrations, and dedicated onboarding as agreed in writing.

The activation fee is charged once with the first invoice unless waived in writing. Plan details shown in the administration panel at the time of purchase form part of the Client's order.

6.2 Payment Processing

Payments are processed by Stripe, Inc. The Company does not store card numbers or sensitive payment data and retains only the customer and subscription identifiers Stripe provides.

6.3 Recurring Charges

The Client authorizes recurring automatic monthly charges for its Plan and, on the first invoice, the applicable activation fee unless waived.

6.4 Plan Changes

An upgrade may take effect immediately with the prorated difference for the current period and, unless waived, any applicable difference in activation fees. A downgrade takes effect at the next billing cycle without proration, credit, or refund for the current period. Penny Enterprise changes require written agreement.

6.5 Non-Payment and Price Changes

If a charge is declined or unpaid, the Account may enter a past-due state and the Service may be suspended after the grace period reflected in the Client's applicable order or account terms until the balance is resolved. Plan pricing may change with 30 days advance notice by email or through the administration panel.

7. Suspension and Termination

Either party may terminate the agreement without prejudice to payment obligations already accrued. The Company may suspend or deactivate an Account for breach of these Terms, non-payment, fraudulent or unlawful use, or risk to Platform or third-party security. Data following termination is handled under the Privacy Policy and applicable law.

8. Intellectual Property

The Company owns all rights in the Platform's software, models, trademarks, design, and other Platform elements. These Terms provide only a limited, non-exclusive, non-transferable license to use the Service for the duration of the contractual relationship.

The Client retains rights in its own trademarks, menus, photographs, and other uploaded content and grants the Company a limited license to use that content solely as necessary to provide the Service.

9. Use of Artificial Intelligence — Scope and Limits

The Client acknowledges that the AI Agent is an automated system built on third-party language and speech models and may make mistakes, including misinterpreting an order, address, time, or reservation; providing outdated information where Client-provided data is not current; or misunderstanding accents, background noise, or ambiguous speech.

The Client is responsible for reviewing orders and reservations generated by the AI Agent through the administration panel and for resolving misunderstandings with its customers. The Company does not warrant that the AI Agent is error-free or that availability is uninterrupted.

Call recording is an available future capability and is not currently active as stored audio. Penny currently stores text transcripts of calls and does not store call audio recordings. If that practice changes, the Privacy Policy will be updated accordingly.

10. Warranties and Disclaimer

To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy of AI Agent output.

11. Limitation of Certain Damages

To the maximum extent permitted by applicable law, the Company is not liable for indirect damages, lost profits, loss of goodwill, or AI Agent errors in orders or reservations that the Client failed to review.

12. Indemnification

The Client will indemnify and hold the Company harmless from any claim, fine, or penalty arising from the Client's failure to comply with applicable law on call recording, messaging consent, data protection, consumer protection, or telecommunications; false or inaccurate information provided by the Client; or use of the Service in violation of these Terms.

13. Confidentiality

Each party will keep confidential the other party's non-public information obtained under this agreement and use it only for the purposes contemplated by these Terms.

14. Changes to These Terms

The Company may modify these Terms. Material changes will be notified by email or through the administration panel with reasonable advance notice. Continued use after a change takes effect constitutes acceptance to the extent permitted by law.

15. Governing Law

These Terms are governed by the laws of the State of Delaware, United States.

16. Governing Language

This agreement may be made available in English and Mexican Spanish. In the event of a discrepancy, the English version controls except where applicable law requires otherwise.

17. General Provisions

• If any provision is held invalid, the remaining provisions remain in effect.
• These Terms together with the Privacy Policy constitute the agreement between the parties regarding their subject matter.
• The Client may not assign this agreement without the Company's prior written consent.
• Neither party is liable for failures caused by circumstances beyond its reasonable control, including failures of telephony or messaging providers, internet connectivity, or other third-party providers used to operate the Service.

18. Contact

Questions about these Terms may be sent to .