Penny

Terms and Conditions

Terms governing business use of Penny · INCYTE WORKS L.L.C.

Effective date: October 4, 2026 · Version 2.0

Website / App
https://penny.incyte.works/
Terms
https://penny.incyte.works/terms-and-conditions
Privacy
https://penny.incyte.works/privacy-policy

1. Acceptance and Scope

These Terms & Conditions ("Terms") govern access to and use of the Penny platform and related services (the "Service"), operated by INCYTE WORKS L.L.C. ("Incyte Works," "we," "us," or "our"). Penny is an AI-powered customer-communication platform for restaurants and other food-service businesses. The Service may include voice calls, text messaging, order and reservation workflows, administrative tools, integrations, analytics, and related functionality.

By checking an acceptance box, creating or using an account, purchasing a Plan, or otherwise using the Service, the person acting for the business represents that they have authority to bind that business (the "Client") and agrees to these Terms and the Privacy Policy. If the Client does not agree, it must not use the Service.

2. Definitions

Account
the administrative account used by a Client owner, manager, or authorized staff member to access Penny.
AI Agent
Penny's automated conversational system that interprets speech or text and generates responses on the Client's behalf.
Client
the restaurant, food-service business, or other business entity subscribing to or using the Service.
Client Data
business information supplied or authorized by the Client, including menu, prices, hours, policies, instructions, phone numbers, locations, and integration credentials or configuration.
End Customer
an individual who contacts a Client through a channel handled by Penny, including by telephone or, where enabled, messaging.
End Customer Data
information generated or obtained during an End Customer interaction, including phone number, name if provided, transcript, order details, reservation details, delivery information, and message content where enabled.
Plan
a subscription offering purchased by the Client.
Service
the Penny software, telephony and messaging infrastructure, administrative interface, AI Agent, integrations, and related services provided by Incyte Works.

3. Description of the Service

Depending on the Client's Plan and enabled integrations, Penny may provide:

Not every feature is available to every Client, integration, jurisdiction, or Plan. We may modify or improve the Service over time, subject to these Terms.

4. Eligibility, Registration, and Authority

Only adults with legal capacity to contract and authority to act for a lawfully operating business may register. The Client must provide accurate and current information and keep it updated. We may review, approve, reject, suspend, or deactivate an Account where reasonably necessary to address fraud, unlawful activity, non-payment, security risk, inaccurate information, or a breach of these Terms.

5. Client Responsibilities

5.1 Accuracy of Business Information

The Client is responsible for the accuracy of menus, prices, hours, delivery information, reservation rules, allergy or dietary information, promotions, instructions, and other business information provided to Penny. The Client must promptly correct inaccurate or outdated information.

5.2 Legal Compliance and Consumer Notices

The Client is responsible for using Penny in compliance with laws applicable to its business, location, customers, and communications. This includes, as applicable, laws governing telephone calls, call transcription, privacy, automated or AI-assisted interactions, consumer protection, messaging consent, marketing, accessibility, and food-service operations.

Where applicable law requires notice or consent before a conversation is transcribed, processed by an automated system, or used for quality assurance, the Client is responsible for ensuring the required notice or consent is provided. Penny may provide technical disclosure mechanisms to assist with compliance, but the Client remains responsible for determining whether those mechanisms are legally sufficient for its circumstances.

5.3 Call Transcription; No Penny Audio Recording

Penny does not record or store audio recordings of End Customer calls as part of the Service. During a call, audio is processed in real time by telecommunications, speech-processing, and artificial-intelligence service providers as necessary to understand the conversation and generate responses. Penny generates and stores a text transcript of the interaction.

Transcripts may be used to provide and improve the Service; support order and reservation processing; provide summaries and interaction history; troubleshoot issues; investigate disputes; monitor service quality; perform quality assurance; detect failures or misuse; and improve the accuracy and reliability of automated interactions. Third-party service providers may have their own technical logs or transient processing practices, as described in the Privacy Policy and their applicable terms.

5.4 Messaging Compliance

The Client may not use Penny to send SMS, MMS, WhatsApp, or other messages unless the recipient has provided any consent required for that message type and purpose. The Client must maintain appropriate evidence of consent where required, honor opt-out requests, and must not treat consent for transactional messages as consent for marketing messages.

Marketing or promotional messages require a separate marketing-specific consent where required by law. Consent may not be purchased, sold, transferred, or reused for a different business, campaign, sender, or purpose unless applicable law permits it and the recipient has been properly informed.

5.5 Acceptable Use

The Client will not use the Service to engage in unlawful, deceptive, fraudulent, harassing, defamatory, discriminatory, abusive, or infringing activity; impersonate another person or entity; compromise security; transmit malicious code; evade messaging or telecommunications rules; or use Penny for purposes unrelated to legitimate business operations.

6. Accounts and Security

The Client is responsible for maintaining the confidentiality of Account credentials and for activity performed through its Account. Penny may support password-based sign-in, emailed verification codes, SMS verification codes, remembered-device functionality, Google sign-in, or other authentication methods. The Client must promptly notify us of suspected unauthorized access.

7. SMS Program Terms

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

For authentication or one-time-password messages, Penny may require the user to affirmatively request or consent to receiving the code. Penny or the Client, as applicable, may retain records of the consent event, such as the phone number, timestamp, source, and consent language, for compliance and audit purposes.

8. Plans, Fees, and Billing

8.1 Standard Plans

Plan Price Summary
Penny Connect $399/month per restaurant location Core customer communication and connection features, as described at purchase.
Penny Order $599/month per restaurant location Penny Connect functionality plus phone-ordering capabilities and compatible order/POS workflows, as described at purchase.

Features, included usage, limitations, supported integrations, and any custom commercial terms are those shown on Penny's website, application, order form, or written proposal at the time of purchase. The Company may offer custom or enterprise arrangements under a separate written agreement.

8.2 Recurring Billing

Unless otherwise stated in writing, Plans renew monthly until cancelled. The Client authorizes Penny and its payment processor to charge recurring subscription fees and other authorized charges to the payment method on file.

8.3 Taxes and Payment Processing

Fees are exclusive of applicable taxes unless stated otherwise. Payments may be processed by Stripe or another authorized processor. Penny does not store full payment-card numbers when payment information is submitted directly to the processor.

8.4 Plan Changes and Price Changes

Plan upgrades may take effect immediately and may be prorated. Downgrades generally take effect at the next billing cycle unless otherwise stated. We may change standard Plan pricing upon at least 30 days' advance notice by email, in-app notice, or another reasonable electronic method.

8.5 Failed Payments

If payment fails, the Account may be marked past due. We may retry the charge and may suspend some or all Service functionality after reasonable notice if the balance remains unpaid.

8.6 Cancellations and Refunds

The Client may cancel a recurring Plan through available account controls or by contacting us. Unless otherwise stated in a written order form or required by law, cancellation is effective at the end of the then-current paid billing period and fees already paid are non-refundable. No prorated refund is provided for unused time in a billing period.

9. Third-Party Services and Integrations

Penny depends on third-party providers for telecommunications, messaging, speech recognition, speech synthesis, artificial intelligence, payments, email delivery, authentication, cloud infrastructure, point-of-sale systems, reservation systems, and other integrations. Third-party services may be subject to their own terms, privacy practices, availability, and technical limitations. We are not responsible for failures caused solely by a third-party provider outside our reasonable control.

10. Artificial Intelligence - Scope and Limitations

The Client acknowledges that Penny uses automated systems and third-party AI and speech technologies that may make mistakes. Penny may misunderstand speech, accents, names, addresses, times, menu items, modifiers, allergies, or ambiguous requests; may be affected by background noise or poor connectivity; and may produce inaccurate or incomplete outputs.

The Client is responsible for reviewing operationally important outputs, including orders, reservations, menus, pricing, customer requests, and integration results, and for maintaining appropriate human oversight. Penny is not a substitute for the Client's legal, safety, allergy, medical, or professional judgment.

11. Intellectual Property

Incyte Works and its licensors own the Service, software, interfaces, workflows, models, trademarks, designs, documentation, and other proprietary elements of Penny. Subject to these Terms, the Client receives a limited, non-exclusive, non-transferable, revocable right to use the Service during its subscription for its internal business operations.

The Client retains ownership of its own trademarks, menus, photographs, instructions, and other content it supplies. The Client grants Incyte Works a limited license to host, reproduce, transform, transmit, and otherwise process that content as reasonably necessary to provide, secure, support, and improve the Service.

12. Data and Privacy

Our collection and processing of personal information is described in the Privacy Policy at https://penny.incyte.works/privacy-policy. As between the Client and Incyte Works, the Client generally determines the business purposes for which End Customer information is processed through Penny, and Incyte Works processes such data to provide the Service, subject to applicable law and any separate data-processing agreement.

13. Confidentiality

Each party will use reasonable care to protect the other party's non-public confidential information and will use it only as necessary to perform or receive the Service, exercise rights, comply with law, or protect legitimate interests. Confidential information does not include information that is public through no breach, independently developed, or lawfully received without confidentiality restriction.

14. Suspension and Termination

Either party may terminate the subscription as provided in these Terms. We may suspend or terminate access for material breach, fraud, unlawful activity, security threats, misuse of telecommunications or messaging systems, repeated policy violations, or non-payment. Where reasonably practicable, we will provide notice and an opportunity to cure before suspension for a remediable issue.

After termination, access may end and data may be retained or deleted according to the Privacy Policy, legal requirements, dispute-resolution needs, backups, fraud prevention, and legitimate operational requirements.

15. Warranties and Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." INCYTE WORKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED AVAILABILITY. WE DO NOT WARRANT THAT THE AI AGENT WILL BE ERROR-FREE OR THAT THIRD-PARTY SERVICES OR INTEGRATIONS WILL ALWAYS BE AVAILABLE.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITY, LOSS OF GOODWILL, OR LOSS OF DATA, ARISING FROM OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCYTE WORKS' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY THE CLIENT TO INCYTE WORKS FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

17. Indemnification

The Client will defend, indemnify, and hold harmless Incyte Works, its affiliates, officers, employees, and contractors from third-party claims, damages, fines, penalties, liabilities, and reasonable costs arising from: (a) Client Data or instructions; (b) the Client's violation of law, messaging or telemarketing requirements, recording/transcription notice obligations, consumer-protection rules, or privacy obligations; (c) the Client's products, food, allergens, services, fulfillment, pricing, refunds, or customer disputes; or (d) misuse of Penny in breach of these Terms.

18. Changes to the Service or Terms

We may update these Terms from time to time. If a change materially affects Client rights or obligations, we will provide reasonable advance notice by email, through the Service, or another reasonable method. Continued use after the effective date of an updated version constitutes acceptance to the extent permitted by law.

19. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. Unless applicable law requires otherwise, the state and federal courts located in Delaware will have exclusive jurisdiction over disputes arising from or relating to these Terms or the Service, and each party consents to personal jurisdiction and venue in those courts.

20. General Provisions

If any provision is held unenforceable, the remaining provisions remain in effect. The Client may not assign these Terms without our prior written consent, except in connection with a permitted corporate reorganization or sale of substantially all assets, subject to notice. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.

Neither party is liable for delay or failure caused by events beyond its reasonable control, including telecommunications outages, internet failures, provider outages, natural disasters, governmental actions, labor disruptions, or widespread cyber incidents. Headings are for convenience only. These Terms, together with the Privacy Policy and any applicable order form or written addendum, constitute the agreement between the parties regarding the Service.

21. Contact

Questions regarding these Terms may be sent to info@incyte.works.

Terms: https://penny.incyte.works/terms-and-conditions
Privacy Policy: https://penny.incyte.works/privacy-policy