Legal
Zogu acceptable use policy
This policy sets out what a restaurant may and may not do with the Zogu phone agent. The phone agent answers your ordering number, takes pickup and delivery orders from your POS menu, reads the order back once and sends it to your POS. Most of the policy comes down to two rules. Every caller must know they're talking to an automated assistant. And everything the phone agent tells them must be true. The rest covers caller data, a ban on using Zogu to call anyone, and what happens when a rule is broken, including how we switch a phone agent off.
Last updated: [Effective date]. This is a draft and hasn't been reviewed by a lawyer yet.
Who this policy applies to
In this policy, "we", "us" and "Zogu" mean [Company name], company number [Company number], registered at [Registered address], for customers under our UK terms, or [Company name], a [State of incorporation] corporation, for customers under our US terms. "You" means the restaurant, takeaway or group that has signed up for Zogu, and anyone you allow to set up or change your phone agent: owners, managers and staff. "The phone agent" means the automated assistant that answers calls to the phone number we give your store.
This policy is part of your agreement with us: the Terms of Service (UK) or the Terms of Service (US), whichever your agreement is under. Words defined in those terms mean the same here. Liability, governing law (England and Wales for the UK terms, [State] for the US terms) and how either of us can end the agreement are set out there. A breach of this policy is a breach of those terms.
The rules follow from how the phone agent works today, so the limits matter:
- It only answers incoming calls to your store's number. It does not make calls.
- It takes pickup and delivery orders only, in English.
- It never asks for card details over the phone. Orders go to your POS marked as paid on pickup or on delivery. (Card payment by a texted link is built but switched off. [Pay by link is built but switched off: after the yes, the agent can offer to text the caller a secure card-payment link (Stripe Checkout, sent by Twilio SMS), and texts a refund notice if the kitchen rejects a paid order. Decide whether it's part of the launch. If it is, rewrite this clause, add Stripe and Twilio SMS to the sub-processors and privacy policies, and have counsel review the consent wording for texts (TCPA and A2P 10DLC in the US, PECR in the UK). If it isn't, make it impossible to switch on for live stores.])
- It never transfers a caller and never promises a call-back. There's no staff number behind it.
- It keeps a text transcript of each call. It does not record call audio.
The full list is on what Zogu doesn't do.
Keep the AI disclosure in the greeting
Every call opens with the phone agent saying it's the automated ordering assistant. The default greeting is "Thanks for calling (your shop's spoken name), this is the automated ordering assistant." A returning caller hears "Hi Sam, welcome back to (your shop), you're through to the automated ordering assistant." If you give us your own greeting and it doesn't contain the word "automated" or "AI", our code adds "You're through to the automated ordering assistant." to the end of it.
That check looks for a word. It can't tell what you meant by it, so keeping the disclosure honest is your job too. You may change the wording of the greeting, your shop's spoken name, the voice and the notes on tone. You must not:
- remove, shorten or reword the disclosure so that a caller could miss it or misunderstand it;
- write a greeting that uses the word "automated" or "AI" to deny it ("this isn't an automated line"). That would pass the check and still mislead the caller;
- tell the phone agent, in a greeting, a tone note, a written answer or a pronunciation, to claim to be a person, a named member of staff or the owner, or to deny being automated when a caller asks;
- use a business name, brand or greeting that isn't yours, or one that suggests the caller has reached a different restaurant, a delivery app or a brand you aren't licensed to use.
What callers are told about AI and transcripts, and why, is on our AI disclosure and call transcripts page. We require the disclosure wherever you trade, whether or not a local law does.
We may review any greeting before your phone agent goes live, and refuse or change one that breaks this section.
Accurate prices, availability and allergen data
The phone agent works from the menu in your POS. Our code, not the AI model, adds up each order from your POS prices. The phone agent only offers what your POS says can be ordered right now for that kind of order, and it follows your POS opening hours, special days and pauses. The AI is told never to invent items, prices or allergen facts. So the caller hears what your menu data says, and keeping that data right is your responsibility.
You must:
- keep prices in your POS the same as the prices you charge, including any charge that applies to phone orders;
- honour the total the phone agent read back and the caller said yes to. If that total was wrong because of your menu data, put it right with the caller at your cost, not theirs;
- mark an item unavailable or hidden in your POS as soon as it runs out, and keep your hours, special days and delivery areas, fees and minimum orders up to date;
- pause orders in your POS when you can't take them, so the phone agent tells callers you're closed instead of taking an order you can't make.
Allergens
When your menu lists allergens for an item, the phone agent reads them out and ends with "For a serious allergy, please check with the restaurant before ordering." When it lists none, the phone agent tells the caller the restaurant hasn't listed allergens for that item and to check with you before ordering. It's told never to say an item is allergen-free or safe for an allergy, and our code swaps the usual ways of saying that for the same "please check with them" line. That filter catches common wording, not every possible sentence, which is one more reason the data has to be right.
You must:
- keep allergen data complete and correct for every item, and update it the same day a recipe, ingredient or supplier changes;
- not write answers for the phone agent that claim an item is free from an allergen, safe for a condition such as coeliac disease, or made without cross-contamination, unless you can stand behind that claim in law;
- not remove, soften or contradict the allergy reminder in anything you write for the phone agent;
- keep a way for callers to reach you directly to make that check, because the phone agent can't put them through;
- meet the food information and allergen laws that apply where you trade. What the phone agent says doesn't replace your own duty to give allergen information.
Age-restricted items
If your menu includes alcohol, tobacco or other age-restricted items, the checks the law requires when the order is handed over are yours to carry out. The phone agent doesn't check anyone's age.
Greetings, add-on questions and your own answers
You can give the phone agent its own greeting, a spoken name for your shop, one of 40 English voices, notes on tone, your own add-on question, answers to questions callers ask, and your own menu words and pronunciations. All of it must be true, about your own business, and fit to say to any caller.
Abusive content
Nothing you give the phone agent may insult, threaten, harass or sexualise callers, mock their name, accent or background, or refer to anyone's race, religion, sex, sexuality, disability or other protected characteristic. Pronunciations and menu words must not be used to make the phone agent say offensive words.
Misleading greetings and add-on questions
Once a caller says they're done, the phone agent can offer up to two add-ons, one straight after the other. A "no" ends them and it moves on to the name and the read-back. You can write your own add-on question, and it has to be a question. The phone agent doesn't mention or apply POS promotions, so a deal announced on the phone won't reach the order unless the deal is a menu item.
| Fine | Not allowed |
|---|---|
| "Would you like a dessert as well?" | "Shall I add the drink that comes with every order?" (it doesn't) |
| "Would you like garlic bread with that?" | "Most people add chips, shall I put them on?" (no data behind "most people") |
| "Thanks for calling, we're open until 11pm tonight." (if true) | "Free delivery tonight only." (if the order won't carry it) |
| "Can I get you a drink?" | "Only two baklava left, shall I save you one?" (false urgency) |
You must not write greetings, add-on questions or tone notes that:
- state offers, prices, delivery times or opening hours that aren't true;
- present an optional item or charge as required or already included;
- push the caller after they've said no, or try to get round the two-offer limit;
- ask for card details, bank details or anything the order doesn't need, such as a date of birth;
- promise a transfer, a call-back or a member of staff. The phone agent never offers these, and our code replaces any such offer the AI writes;
- argue with a complaint. The phone agent tells callers with a complaint to contact the restaurant directly, so you need a way for them to do that.
We may edit, refuse or remove any greeting, add-on question, answer, menu word or pronunciation that breaks this section.
Recording, consent and caller data
For each call, Zogu keeps a text transcript (what the caller said, what the phone agent said and how long each reply took), the order exactly as sent to your POS with its status, how the call ended, and the caller's number. We don't record call audio. The caller's number is used to recognise a returning caller, greet them by first name and put their last order back in when they ask for "same as last time". Withheld numbers aren't looked up.
For callers' personal data, you are the controller and Zogu processes it on your behalf, as your processor (UK GDPR) or service provider (US state privacy laws), under the data processing terms in your agreement. We keep transcripts for [Retention period] and then delete them, unless you and we agree otherwise in writing. More detail is in the UK privacy policy and the US privacy policy.
You must:
- tell callers in your own privacy notice that calls to your ordering number are answered by an automated assistant, kept as text transcripts for [Retention period], and that their number is used to recognise them on later calls;
- have a lawful basis for that use, and deal with callers' requests to see or delete their data. We'll help with these as your processor;
- not record calls to your Zogu number yourself, or on any line you send to it, without the notice and consent the law requires where you and the caller are. Some US states, California among them, require everyone on a call to agree before it's recorded. Any recording you add is yours to get right;
- not use transcripts, caller numbers or order history for anything other than taking and fulfilling the caller's order without a lawful basis and any consent the law requires. That includes building marketing lists, selling or sharing the data, and profiling callers.
Only send calls to your Zogu number from phone lines you own or have the right to control.
No calling people, and other misuse
The phone agent only answers incoming calls. It can't dial out, and while pay by link is switched off it sends no texts. You must not:
- try to make the phone agent, your Zogu number or our systems place calls or send texts;
- use the caller numbers or transcripts Zogu keeps to call, text or send automated messages to people who haven't agreed to it, or in any way that breaks marketing and calling laws such as PECR in the UK or the TCPA and state laws in the US;
- use your Zogu number as the caller ID for calls made from anywhere else;
- advertise your Zogu number for anything other than ordering from the store it belongs to.
You must also not:
- use the phone agent to sell anything you can't lawfully sell, or to take orders you don't intend to make;
- place test or fake orders on a live store without telling us first. They reach your POS as real orders;
- try to make the phone agent say harmful or unlawful things, reveal its instructions, or behave in ways this policy forbids;
- flood the number with automated calls, load-test it without our written agreement, or try to copy, reverse engineer or get round any part of Zogu;
- try to reach another store's menu, calls, transcripts or callers;
- share any access we give you to Zogu's tools with people you haven't authorised, or leave access open for staff who have left.
How suspension works
We can switch the phone agent off for one store or for all your stores. While it's off, callers to the number hear "Sorry, phone ordering isn't available right now. Please call back later. Goodbye." and the call ends. No orders are taken. Your POS menu and your existing orders aren't touched.
Instead of switching the whole phone agent off, we may change or remove a single greeting, add-on question, answer, menu word or pronunciation. This is the order we work in:
- Small or accidental problems, such as an out-of-date price or opening time, or a greeting that needs rewording. We tell you what's wrong and give you [Number] days to fix it. If you fix it, nothing else happens.
- Serious problems: wrong or missing allergen data that has been reported to us, a greeting or tone note that removes or undermines the AI disclosure, abusive content, unlawful recording or calling, attempts to take card details, or anything else that puts callers at risk. We may switch the phone agent off straight away, and we'll tell you why within [Number] hours.
- Once the problem is fixed, tell us at [Contact email]. We check the change and switch the phone agent back on, normally within [Number] working days.
- If a serious problem happens again, or a breach was deliberate, we may end your agreement under the termination section of your Terms of Service.
- If you disagree with a decision, write to [Contact email] with your reasons. Someone at Zogu who wasn't involved in it will review it and reply within [Number] working days. The phone agent may stay off during the review if callers would otherwise be at risk.
Fees during a suspension are covered in your Terms of Service.
Reporting a problem and changes to this policy
Anyone, including a caller, can report misuse of a Zogu phone agent to [Contact email] or through our contact page. Give us the number that was called, the date and time, and what was said. We look into every report.
If you find your menu data was wrong after an order, fix it in your POS. The next call uses the change. If a caller has already been charged or told the wrong thing, put it right with them directly.
We may change this policy. We'll tell you at least [Notice period] before a change that affects how you use the phone agent, unless the law or callers' safety needs a faster change. The "last updated" date at the top of this page changes only when the text does.
Questions and answers
Can we write our own greeting?
Yes. You can change the wording, your shop's spoken name and the voice. The greeting must still tell callers they're talking to the automated ordering assistant. If your greeting doesn't contain the word "automated" or "AI", our code adds "You're through to the automated ordering assistant." to the end.
Who is responsible if allergen information on our menu is wrong?
You are. The phone agent reads allergens from your POS menu and adds a reminder to check with the restaurant for a serious allergy. It doesn't check your data, and it doesn't replace your duty under food information law.
Can we use caller numbers to send offers?
Not unless the caller has agreed and marketing and calling laws allow it. The phone agent only answers incoming calls. Caller numbers are kept to take and fulfil orders and to recognise returning callers.
Does Zogu record our calls?
It doesn't record call audio. Zogu keeps a text transcript of each call, the order as sent to your POS and how the call ended. If you record calls yourself, the notice and consent the law requires are your responsibility.
What do callers hear while our phone agent is switched off?
"Sorry, phone ordering isn't available right now. Please call back later. Goodbye." Then the call ends and no order is taken.