Terms of Service

Last updated: August 6, 2026. Effective on the date you create an account.

These terms govern your use of Portata. If you signed a Pilot Agreement or Order Form with us, that document controls the commercial relationship (pricing, term, termination), and these terms cover everything else. By creating an account, signing in to the dashboard, or letting our AI host answer calls on behalf of a restaurant, you agree to what follows.

1. Who these terms are between

These terms are between you and Portata (referred to as "Portata," "we," "us," "our"). You are the "Customer." If you are accepting these terms on behalf of a restaurant or company, you represent that you have authority to bind that entity, and "you" means that entity.

2. The service

Portata provides an AI host service that answers inbound phone calls to a restaurant's phone number. The service answers calls in real time, captures orders and reservations, routes callers to a human when asked or when needed, and provides an owner dashboard showing every call answered. The specific features available depend on the tier you selected. We may add, remove, or modify features over time, and will give reasonable notice of any material change.

3. Your account

You are responsible for keeping your account credentials confidential, for anything that happens under your account, for keeping your contact information current, and for telling us promptly if you suspect unauthorized access (email security@portata.dev). We may suspend or terminate access to accounts we reasonably believe are compromised, abandoned, or being used in violation of these terms.

4. Fees, billing, and term

If you have a signed Pilot Agreement or Order Form, the pricing, term, and termination terms in that document control over this section. Otherwise: pricing is listed at portata.dev; billing is monthly in advance via the payment method on file, processed by Stripe; fees are exclusive of tax; accounts more than fifteen days past due may be suspended after we reach out; unused prepaid fees are prorated on termination; we may change pricing on thirty days' notice, applying to the next billing cycle.

5. Your responsibilities as the restaurant

You agree to provide accurate menu, hours, FAQs, escalation contacts, and any other configuration we need to run the host correctly, and to update us promptly on material changes. You agree to tell us if a caller raises a complaint about the host so we can investigate. You agree to comply with applicable law in connection with the calls placed to your restaurant, including call recording laws in your state and the states of your callers.

6. Acceptable use

You may not, and may not allow anyone else to, use Portata to place outbound calls (this is an inbound service; outbound automation would require a separate written agreement and TCPA compliance), harass or defraud callers, collect payment card data outside the PCI-compliant payment handoff included in the Premium tier, impersonate another business or person, violate any law (including consumer protection, recording, or telephony rules), or reverse engineer or extract our underlying models, prompts, or persona system.

7. Call recording and consent

Portata records calls to generate transcripts, to improve the service, and to give you a searchable record in the dashboard. Some states require every party on a call to consent to recording. You are responsible for whatever disclosure your state requires. By default, our AI host discloses that it is an AI host in the opening line of every call. If you operate in a two-party consent state (California, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, Washington, and others), you should also post a notice at the point of order that calls to your restaurant may be recorded, or configure the host to add a recording notice to the greeting. We will help you set that up.

8. Data, retention, and deletion

Call audio, transcripts, and structured order data are retained for ninety days by default, then deleted. Owner-facing metadata (call counts, order counts, ratings) may be retained longer in aggregate form for billing and reporting. You can request earlier deletion of specific calls or a full account export at any time by emailing hello@portata.dev; we act on those requests within thirty days.

9. Sub-processors

We use a small set of vendors to deliver the service. As of the date above they are: LiveKit (real-time transport), Cartesia (speech-to-text and text-to-speech), OpenAI (language model), Supabase (database and file storage), and Stripe (payments). We will keep the current list published at portata.dev/privacy.html and notify you before adding a sub-processor that materially changes how your data is handled.

10. Ownership

You own your restaurant data, your menu, your caller list, and your call transcripts. We own the software, the persona system, and the aggregated, de-identified data we use to improve the service. Nothing in these terms transfers ownership of either side's intellectual property to the other. You give us a limited license to process your data solely to provide and improve the service.

11. Confidentiality

Each of us will keep the other's non-public business information confidential, use it only to perform under these terms, and protect it with the same care we use for our own confidential information (and never less than a reasonable standard). This section does not cover information that is or becomes public through no fault of the recipient, was already known to the recipient, is independently developed without reference to the other's information, or is required to be disclosed by law (with prompt notice where possible).

12. Warranties and disclaimers

We warrant that we will provide the service with reasonable care and skill. We do not warrant that the service will be uninterrupted or error free. Except for the warranty above, the service is provided "as is," and we disclaim all other warranties to the fullest extent allowed by law, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of liability

To the maximum extent permitted by law, neither party is liable to the other for lost profits, lost revenue, lost data, or any indirect, special, incidental, consequential, or punitive damages. Each party's total liability arising out of these terms is capped at the fees you paid us in the twelve months before the event giving rise to the claim. Nothing in this section limits liability for either party's gross negligence, willful misconduct, or breach of confidentiality.

14. Indemnification

You will defend and indemnify Portata against any third-party claim arising from your breach of these terms, your violation of law, or your misuse of the service. We will defend and indemnify you against any third-party claim that the service, as delivered by us and used within these terms, infringes that party's intellectual property, and will pay any resulting settlement or judgment.

15. Term and termination

These terms start when you first use the service and continue until terminated. Either party may terminate on thirty days' written notice, or immediately for the other party's uncured material breach after a fifteen-day cure period. On termination, we will stop processing your data and, on your request, export it in a reasonable format within thirty days. Anything that by its nature should survive (payment, confidentiality, ownership, disclaimers, limits on liability, indemnification, dispute resolution) survives termination.

16. Changes to these terms

We may update these terms from time to time. Material changes will be posted here with a new "Last updated" date and, if you have an active account, sent to the email on file. If you keep using the service after a change takes effect, you accept the new terms.

17. Governing law and disputes

These terms are governed by the laws of the State of Florida, without regard to conflict of laws rules. Any dispute will be brought exclusively in the state or federal courts located in Volusia County, Florida, and both parties consent to personal jurisdiction there. Each party waives any right to a jury trial. Small claims court is always available for claims that qualify.

18. Miscellaneous

These terms, together with any Pilot Agreement or Order Form you signed, are the entire agreement between us. If any provision is found unenforceable, the rest stays in effect. Neither party may assign these terms without the other's consent, except in connection with a merger, acquisition, or sale of substantially all its assets. Notices go to the email addresses on the account (for you) and to hello@portata.dev (for us). Nothing in these terms creates a partnership, joint venture, or agency relationship.

Contact

Questions about these terms: hello@portata.dev. Security issues: security@portata.dev.