Terms of Use | Butter

These Terms of Use (the “Agreement”) govern your access to and use of butterme.ai (the “Website”), the Butter web application, the Butter mobile apps, Butter’s SMS service, and any related products and services (together, the “Services”). The terms “Butter,” “we,” “us,” and “our” refer to ButterMe, Inc., a Delaware corporation with its principal place of business in Palo Alto, California, the provider of the Services (including services operated under the Metristo name). “You,” “your,” and “Customer” refer to the restaurant, restaurant group, or other business using the Services, and to each individual who accesses the Services on its behalf.

PLEASE READ THIS AGREEMENT CAREFULLY. BY CREATING AN ACCOUNT, CLICKING TO ACCEPT, OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND OUR PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

1. Acceptance of these terms

You accept this Agreement by clicking to accept it, by creating an account, or by using the Services, whichever happens first. This Agreement remains in effect for as long as you use the Services, and the sections that by their nature should survive (including those on your data, intellectual property, disclaimers, limitation of liability, indemnification, and governing law) continue after it ends.

We may update this Agreement from time to time. When we do, we will post the revised version on the Website and update the “Last updated” date. If a change materially reduces your rights, we will notify account owners by email or in-app notice at least 15 days before it takes effect. Your continued use of the Services after a change takes effect means you accept the revised Agreement.

2. Accounts and eligibility

2.1 Eligibility

The Services are intended for businesses. You may use the Services only if you are at least 18 years old, can form a binding contract, and are not barred from receiving the Services under the laws of the United States or any other applicable jurisdiction.

2.2 Authority

If you accept this Agreement on behalf of a business, you represent and warrant that you have the authority to bind that business, that you have read and understood this Agreement, and that you agree to it on that business’s behalf. If you do not have that authority, do not create an account.

2.3 Your account

You are responsible for the accuracy of the information you provide, for the actions of every user you add to your account, and for keeping your sign-in methods (including the phone number used for verification codes) secure. Notify us immediately at privacy@butterme.ai if you suspect unauthorized access to your account. You may add users to your account and remove them at any time; you decide which locations each user can see.

3. Your right to use the Services

Subject to your compliance with this Agreement and payment of any applicable fees, Butter grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services for your internal business purposes during the term of this Agreement. Any new features or tools we add to the Services are also subject to this Agreement. All rights not expressly granted are reserved by Butter and its licensors.

4. Acceptable use

You agree not to, and not to permit anyone else to:

Copy, modify, distribute, sell, lease, sublicense, decompile, disassemble, or reverse engineer any part of the Services, or attempt to derive their source code, models, or prompts.
Access the Services by any automated means (such as scraping or bots) other than the interfaces we provide, or use the Services to build a competing product.
Upload or connect data you do not have the right to share, or use the Services in a way that violates any law, including privacy, employment, consumer protection, and telemarketing laws.
Send content through the Services that is unlawful, harassing, threatening, defamatory, obscene, discriminatory, or that infringes anyone’s rights.
Attempt to bypass rate limits or security measures, probe or test the vulnerability of our systems without written permission, or interfere with the Services or any other customer’s use of them.
Use the Services to make decisions about individuals that have legal or similarly significant effects on them without appropriate human review.
Share your account credentials or let anyone outside your business access the Services through your account.

Butter does not routinely monitor content you send through the Services, but we reserve the right to review it and to suspend or terminate accounts that violate this section.

5. Your data

5.1 Definition

“Customer Data” means the information you provide to the Services or that the Services retrieve on your behalf from systems you connect, including point-of-sale sales and labor data, menus, reviews, and the messages you send Butter.

5.2 Ownership and license

As between you and Butter, you own your Customer Data. You grant Butter a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, and display Customer Data solely as needed to provide, maintain, secure, and improve the Services for you, and as otherwise permitted by this Agreement and our Privacy Policy. This license ends when your Customer Data is deleted under Section 10.

5.3 Your responsibilities

You represent and warrant that:

You have all rights, consents, and authorizations needed to provide Customer Data to Butter and to let Butter process it as described in this Agreement and the Privacy Policy, including any notices or consents required from your employees under applicable employment and privacy laws.
Your use of each connected system (such as your POS or review platforms) with Butter complies with that system’s terms of service.
Customer Data does not include payment card numbers, government identifiers, or health information.

5.4 How Butter uses Customer Data

Butter uses Customer Data only to provide the Services to you, as described in the Privacy Policy. We do not sell Customer Data, do not share it with other customers, and do not use it to train artificial intelligence models. We may create aggregated, de-identified statistics that cannot reasonably be linked to you, your employees, or your guests, and use them to operate, improve, and describe the Services.

5.5 Data processing terms

Where Customer Data includes personal information of your employees or guests, Butter processes it as your service provider or processor on your documented instructions. Customers that require a Data Processing Addendum may request one at privacy@butterme.ai.

6. AI-generated content

The Services use large language models from third-party providers (currently OpenAI and Anthropic) to produce briefings, forecasts, answers, recommendations, and draft review responses (“AI Output”). Which provider is used for which feature, what data each receives, and how that data is protected are described in the AI section of our Privacy Policy. By using the Services you agree to the following:

AI Output is advisory. It is generated automatically from data available to Butter and is intended to inform your judgment, not replace it. AI Output may be incomplete, inaccurate, or out of date, and may occasionally state incorrect information confidently. You are solely responsible for reviewing AI Output and for any decision you make or action you take based on it.
Not professional advice. AI Output is not legal, financial, tax, accounting, employment, or safety advice. Consult a qualified professional before making decisions in those areas.
You control what is published. Draft review responses and other content Butter prepares are not sent or posted anywhere unless you choose to post them. You are responsible for any content you publish, including for its accuracy and compliance with the platform’s rules.
Decisions about people. You will not use AI Output as the sole basis for decisions about hiring, firing, discipline, scheduling, or pay of any individual. Butter does not make such decisions.
Ownership of AI Output. As between you and Butter, you own the AI Output generated for your account. Because AI models can produce similar output for similar inputs, we cannot guarantee that AI Output is unique to you.
Changes to providers. We may change the AI models or providers we use. We will update the Privacy Policy before any such change and notify account owners of material changes.

7. Third-party integrations and services

The Services connect to third-party systems such as Toast, Google, Yelp, and Stripe (“Third-Party Services”). Your use of a Third-Party Service is governed by that provider’s terms and privacy policy, not this Agreement. Butter does not control Third-Party Services and is not responsible for their availability, accuracy, security, or any change they make that affects the Services. You authorize Butter to access Third-Party Services on your behalf and to retrieve and store the data described in the Privacy Policy. You may revoke that access at any time through the Third-Party Service or by contacting us; doing so will limit the features Butter can provide.

8. Text messaging

By providing your mobile number and verifying it, you consent to receive SMS messages from Butter, including verification codes, briefings, alerts, and replies to your questions. Message frequency varies by plan and settings. Message and data rates may apply. Reply STOP to any message to opt out and HELP for help. Full program terms are in the SMS section of our Privacy Policy.

THE SERVICES DO NOT PROVIDE ACCESS TO 911, E911, OR ANY OTHER EMERGENCY SERVICES AND ARE NOT A SUBSTITUTE FOR A PRIMARY PHONE SERVICE. BUTTER IS NOT LIABLE FOR ANY CLAIM ARISING FROM AN INABILITY TO REACH EMERGENCY SERVICES THROUGH THE SERVICES.

9. Plans, fees, and payment

9.1 Plans and trials

Butter offers a free plan and paid subscription plans priced per location, as described on our pricing page. Paid plans may include a free trial; at the end of the trial your subscription begins unless you cancel or downgrade first. We may change plan features or prices with at least 30 days’ notice, effective at your next renewal.

9.2 Billing

Subscriptions are billed in advance, monthly or annually, in U.S. dollars through Stripe. By providing a payment method you authorize Butter and Stripe to charge it for all fees due, including on automatic renewal. Fees exclude taxes; you are responsible for any applicable sales, use, or similar taxes. Upgrades take effect immediately and are prorated; downgrades take effect at the end of the current billing period. Except as required by law or expressly stated in this Agreement, fees are non-refundable.

9.3 Failed payments

If a payment fails, we will retry it three times: three days after the initial failure, five days after that, and seven days after that. We will email the account administrators after each failure and attempt to contact you before suspending the account. If the final attempt fails, we may suspend paid features until payment is received and, if the account remains unpaid, close it. If the account administrator is no longer with your business, we will make reasonable efforts to reach the business owner or manager to reinstate the account.

9.4 Billing information

Billing and payment information you provide may be shared with payment processors and, where necessary, credit agencies solely to process payments and service your account, and may be disclosed in response to valid legal process.

10. Term, cancellation, and termination

10.1 Cancellation by you

You may cancel a paid plan or close your account at any time in your account settings or by emailing privacy@butterme.ai. Cancellation takes effect at the end of the current billing period, and you will not be charged again.

10.2 Suspension or termination by Butter

We may suspend or terminate your access to the Services if you materially breach this Agreement, if your account is unpaid after the process in Section 9.3, if required by law, or if your use poses a security or legal risk to Butter or others. Where practical we will give you notice and an opportunity to cure before terminating.

10.3 Effect of termination

On termination, your right to use the Services ends and we stop syncing your integrations. For 30 days after termination you may request an export of your Customer Data and generated reports. After that, we delete or de-identify your Customer Data as described in the Privacy Policy.

11. Confidentiality and security

Butter will treat Customer Data as your confidential information, use it only as permitted by this Agreement, and protect it using the safeguards described in the security section of our Privacy Policy, including encryption in transit and at rest, access controls, and vendor contracts. If we become aware of a security incident affecting your Customer Data, we will notify you without undue delay. You agree to keep non-public information about the Services (such as unreleased features or pricing offered to you) confidential.

12. Intellectual property and feedback

The Services, including all software, models, prompts, designs, text, graphics, trademarks, and other content provided by Butter or its licensors (but excluding Customer Data and AI Output generated for you), are owned by Butter or its licensors and protected by intellectual property laws. You may not use the Butter name or logos without our prior written permission, except to accurately state that you use the Services. If you give us feedback or suggestions, you grant Butter a perpetual, irrevocable, royalty- free license to use them without obligation to you.

13. Disclaimers

EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE SERVICES, AI OUTPUT, AND ALL RELATED SOFTWARE, CONTENT, AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, BUTTER AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BUTTER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT AI OUTPUT, FORECASTS, OR RECOMMENDATIONS WILL BE ACCURATE, COMPLETE, OR PRODUCE ANY PARTICULAR BUSINESS RESULT; OR THAT DATA FROM THIRD-PARTY SERVICES WILL BE AVAILABLE OR ACCURATE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) BUTTER’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO BUTTER FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (US$100) IF YOU HAVE PAID NOTHING. THESE LIMITATIONS DO NOT APPLY TO A PARTY’S INDEMNIFICATION OBLIGATIONS, YOUR PAYMENT OBLIGATIONS, EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT BE LIMITED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

15. Indemnification

You will defend, indemnify, and hold harmless Butter and its officers, directors, employees, and agents from any third-party claim, and related damages, costs, and reasonable attorneys’ fees, arising out of (a) Customer Data or your breach of Section 5.3, (b) your use of the Services in violation of this Agreement or applicable law, or (c) content you publish based on AI Output. Butter will defend, indemnify, and hold you harmless from any third-party claim that the Services, as provided by Butter and used in accordance with this Agreement, infringe that third party’s United States intellectual property rights, except to the extent the claim arises from Customer Data, Third-Party Services, or your modification or misuse of the Services. The indemnified party must promptly notify the other party of the claim, give it control of the defense and settlement, and reasonably cooperate.

16. Cooperation with law enforcement

Butter will cooperate with law enforcement if a Customer, an agent or employee of a Customer, or a user of a Customer’s assigned phone number is suspected of harassment, threats, illegal activity, or other harmful behavior in their use of the Services. This may include disclosing message content and logs related to the account involved, up to and including the complete message history for that account.

17. Governing law and disputes

This Agreement is governed by the laws of the State of Delaware and applicable United States federal law, without regard to conflict-of-law rules. Any dispute arising out of or relating to this Agreement or the Services will be brought exclusively in the state or federal courts located in Santa Clara County, California, and each party consents to their personal jurisdiction and venue. Before filing a claim, each party agrees to first contact the other and attempt in good faith to resolve the dispute informally for at least 30 days. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information. TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

18. General terms

Entire agreement. This Agreement, the Privacy Policy, and any order form or Data Processing Addendum you sign with Butter are the entire agreement between you and Butter about the Services and supersede any prior agreements. If they conflict, a signed order form or addendum controls, then this Agreement, then the Privacy Policy.
Force majeure. Except for payment obligations, neither party is liable for delay or failure caused by events beyond its reasonable control, including acts of God, government action, terrorism, natural disaster, labor disputes, internet or utility failures, or failures of Third-Party Services.
Assignment. You may not assign this Agreement without our written consent, except to a successor in a merger or sale of substantially all of your assets. Butter may assign it to an affiliate or successor.
Notices. We may send notices to the email address on your account. You may send notices to privacy@butterme.ai.
Severability and waiver. If any part of this Agreement is found unenforceable, the rest remains in effect. A party’s failure to enforce a provision is not a waiver of it.
Independent contractors. The parties are independent contractors. This Agreement does not create a partnership, joint venture, or agency relationship.
Export and sanctions. You will not use the Services in violation of U.S. export control or sanctions laws.

Questions about this Agreement can be sent to privacy@butterme.ai.