Last updated: May 9, 2026
These Terms of Service (“Terms”) form a legally binding agreement between you and ProoN, operated by Bakes & Brews LLC, a California limited liability company, doing business as ProoN (“ProoN,” “we,” “us”). By creating an account, accessing the dashboard, or placing a phone order through a ProoN-powered restaurant, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the service.
You must be at least 18 years old and have the legal authority to bind the business you represent. You are responsible for keeping your credentials confidential and for all activity under your account. Notify us immediately at [email protected] if you suspect unauthorized access.
One account per legal business entity. Sharing logins across staff is permitted; sharing across separate businesses is not.
ProoN provides:
ProoN may add, modify, or discontinue features. We'll provide reasonable advance notice for material removals.
ProoN is sold as a monthly subscription with three tiers (Starter, Growth, Pro). Each new account receives 50 free minutes of agent usage. A valid payment method is required at signup; you will not be charged until your free minutes are exhausted or your monthly cycle renews.
Subscriptions are billed in advance via Stripe and renew monthly. By providing a payment method, you authorize ProoN to charge the amount for your selected tier on each billing date. Pricing in effect at time of renewal applies; we'll give 30 days' notice of price increases.
You can upgrade, downgrade, or cancel at any time from Settings → Billing. Upgrades prorate immediately; downgrades take effect at the next billing cycle.
Each tier includes a fixed number of agent minutes per month. Time is measured in seconds and rounded up to the nearest 6 seconds (0.1 minute). When you reach 80% / 95% / 100% of your monthly minutes, you'll receive an SMS alert.
When 100% is reached, you may either:
At 110% of monthly minutes the service is automatically paused to prevent runaway costs. You can resume by topping up.
You can cancel any time. Cancellations take effect at the end of the current billing period — you retain full access until then. We do not prorate refunds for partial months unless required by law.
Minute packs are non-refundable but never expire while your account is active. If your subscription ends, unused pack minutes carry forward for 12 months.
You may not use ProoN to:
We may suspend or terminate accounts that violate this section.
As a restaurant operator using ProoN, you are responsible for:
You own the customer data your account collects (orders, transcripts, customer profiles). ProoN holds it as your processor under this agreement and our Privacy Policy. You can export your data anytime via the dashboard or by emailing [email protected]. On account termination we'll keep your data accessible for 30 days for export, then delete it.
ProoN may use anonymized, aggregated usage data to operate, secure, and improve the service. We do not sell your customer data.
ProoN uses large language models (currently powered by Anthropic's Claude family) and voice infrastructure (Retell AI, ElevenLabs). AI output is non-deterministic — the agent may occasionally mishear an order, mispronounce a name, or hallucinate menu items that don't exist on your uploaded menu. You agree to:
The AI agent identifies itself as an automated assistant on request and will transfer to a human via the staff-callback feature when asked.
SMS notifications are optional and are never a condition of using ProoN. Customers can place orders, book appointments, and use every feature of the AI agent without opting in to text messages. ProoN sends SMS only with the customer's explicit consent (verbal opt-in captured during the call, or via the web form on our SMS Terms page) and only for transactional purposes tied to the order. Full disclosure terms are at our SMS Notification Terms. As a business operator you must:
ProoN integrates with services we don't control. Their terms apply to their components:
Outages or changes by these providers may affect ProoN's availability. We'll communicate material disruptions through the dashboard.
ProoN owns the platform, brand, prompts, code, designs, and personas (Sowmya, Mei, Linh, Sofia, Aria). These Terms grant you a limited, non-exclusive, non-transferable license to use the dashboard and phone agent for your business while your subscription is active. Any rights not expressly granted are reserved.
You retain ownership of your menu content, restaurant info, and customer data. By uploading content you grant ProoN a license to display, process, and synthesize that content as needed to operate the service for you.
Feedback you provide may be used by ProoN to improve the platform without obligation or attribution.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” PROON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT THE AI AGENT WILL ALWAYS UNDERSTAND CALLERS CORRECTLY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROON'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE FEES YOU PAID PROON IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) US$100.
PROON IS NOT LIABLE FOR: INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, OR DATA; ALLERGEN- RELATED HEALTH OUTCOMES (THE RESTAURANT IS RESPONSIBLE FOR FOOD SAFETY); CARRIER FAILURES TO DELIVER SMS; OR ACTIONS OF THIRD-PARTY SERVICE PROVIDERS BEYOND OUR CONTROL.
You agree to indemnify and hold ProoN harmless from any claims, damages, or expenses (including reasonable attorneys' fees) arising from: (a) your use of the service; (b) your violation of these Terms; (c) your violation of TCPA, food-safety, or labor law; (d) claims by your customers about orders you fulfilled or failed to fulfill.
You may terminate at any time by canceling in the dashboard. We may suspend or terminate your account if you breach these Terms, fail to pay, or use the service in a way that creates legal or operational risk for ProoN or other tenants. We will provide email notice except for breaches that pose immediate harm.
On termination: all licenses cease, your dashboard access ends, and we begin the data-export-then-deletion process described in Section 9.
These Terms are governed by the laws of the State of California without regard to conflict-of-law principles. Any dispute will be resolved in the state or federal courts of Contra Costa County, California, and you consent to that jurisdiction.
Informal resolution first. Before filing any claim, contact us at [email protected]. We'll try to resolve in good faith for 30 days.
You agree that any claim must be brought individually — no class actions, class arbitrations, or representative claims. This does not apply where prohibited by law.
We may update these Terms periodically. The “Last updated” date at the top reflects the most recent change. For material changes affecting your rights or fees, we'll email registered restaurant owners at least 30 days in advance. Continued use after the effective date constitutes acceptance.
ProoN
Email: [email protected]
Website: www.proon.ai