---
title: Terms of business
description: The terms that govern your use of Holly, the AI host for restaurants, provided by Holly AI, a subsidiary of EB Tech Limited.
canonical_url: https://www.askholly.ai/terms/
last_updated: 2026-10-08
---

# Terms of business

These terms govern your use of Holly, including trials and beta features. Using Holly means you accept these terms.

Last updated 8 October 2026

## About these terms

Thank you for choosing Holly. References to “you” and “yours” are to the customer. References to “us”, “we” or “ours” are to Holly AI, a subsidiary of EB Tech Limited, registered in Ireland under company number 676370, with its registered office at Ardeen House, 10/11 Marine Terrace, Dun Laoghaire, County Dublin, Ireland.

## Definitions

- **Application:** The Holly software platform, accessible via the internet, including the inbox, pipelines, Training and reporting, which we licence to you in accordance with these terms.
- **Business Day:** A day other than a Saturday, Sunday or Irish public holiday when banks in Dublin are open for business.
- **Channels:** Website chat, enquiry forms, email, WhatsApp and any other channel we make available for Holly.
- **Confidential Information:** All information relating to a party, including information about its business, products, services, systems, procedures and records (in any form, including electronic) and its relationships with its customers and suppliers.
- **Contract:** This contract between us and you for the supply of the Services.
- **Customer Information:** Information relating to your business held in the Application, including conversations with Guests, enquiries, booking details, knowledge base content such as menus and policies, pipeline data and reports.
- **Fee:** The fee for the Services, charged per Location, as published on our Website or agreed with you in writing from time to time, together with any Setup Fee.
- **Guest:** A person who contacts you, or whom you contact, through a Channel.
- **Holly:** The AI host we configure for you, which answers enquiries on your Channels in your restaurant’s name and, where connected, makes and amends bookings in your booking system.
- **Intellectual Property Rights:** Copyrights, database rights, patents, rights to inventions, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights to use and protect the confidentiality of confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered, including all applications for, renewals or extensions of, and rights to claim priority from such rights, and all similar or equivalent rights or forms of protection that subsist now or in the future anywhere in the world.
- **Location:** A single restaurant or venue operated by you for which the Services are provided.
- **Malicious Code:** Code, files, scripts, agents or programs intended to do harm, including viruses, worms, time bombs and Trojans.
- **Services:** The services we supply to you, including access to the Application, the configuration and deployment of Holly, setting up Holly’s knowledge of your business, integrations with Third-Party Services, and related maintenance and support.
- **Setup Fee:** The one-off fee for configuring the Services for more than one Location, as quoted to you before you order.
- **Third-Party Services:** Services not provided by us that Holly connects to, including OpenTable, the WhatsApp Business Platform provided by Meta, and your website and email providers.
- **User:** An individual authorised by you to use the Services, or to whom you (or we at your request) have supplied login details. Users may include employees, consultants, contractors, agents and selected third parties.
- **User Licence:** Our terms of use for Users of the Application.
- **Website:** Our website, through which you may access the Application.

## 1. Construction

In this Contract: (a) a reference to a party includes its personal representatives, successors and permitted assignees; (b) a reference to a statute or statutory provision is to that statute or provision as amended or re-enacted; and (c) a reference to writing or written includes email.

## 2. Commencement and termination

- (a) The Contract is formed when you accept these terms. Unless a minimum term has been agreed in writing for your account, you can end the Contract at any time on 30 days’ notice by email to [accounts@boxly.ai](mailto:accounts@boxly.ai).
- (b) We can end the Contract at any time without notice if you fail to pay any amount due under it, or at any other time on 30 days’ notice.
- (c) We will supply the Services materially in accordance with this Contract, but we may make any changes to the Services and the Application that we consider necessary or desirable.

## 3. Use of the Services and your obligations

- (a) Only Users may use the Application and the Services, and Users must use them solely for your benefit.
- (b) All Users must:
  - (i) accept the terms of the User Licence;
  - (ii) be authorised by you to access and use the Application; and
  - (iii) complete the registration process and keep their registration details up to date during this Contract.
- (c) You are responsible for all damage and losses arising from Users’ access to and use of the Application and Services until you notify us under clause 3(d). Any breach of this Contract by a User is treated as a breach by you, and you are liable for any losses arising.
- (d) You must tell us as soon as reasonably possible if you become aware of any unauthorised use of any part of the Application by your Users, employees, contractors or officers, or anyone else.
- (e) You are responsible for the accuracy and completeness of the information you give us for Holly’s knowledge of your business, including menus, allergens, prices, opening hours, offers and policies, and for keeping it up to date.
- (f) You are responsible for your own obligations to Guests, including providing privacy information, obtaining any consent you need for marketing, and meeting WhatsApp opt-in requirements.
- (g) You will not, and will make sure your Users do not:
  - (i) make any of the Services or the Application available to, or use them for the benefit of, anyone other than you;
  - (ii) sell, resell, licence, sub-licence, rent, lease or assign any of the Services outside your organisation;
  - (iii) use the Services to store or transmit material that is defamatory or unlawful, or that infringes third-party rights, including privacy rights;
  - (iv) intentionally use the Services to store or transmit Malicious Code;
  - (v) intentionally interfere with or disrupt the integrity or performance of the Application or the Services;
  - (vi) allow direct or indirect access to or use of the Services in a way that gets around a contractual usage limit;
  - (vii) copy the Application or any part, feature, function or user interface of it; or
  - (viii) access or use the Application or Services to build a competing product or service, or reverse engineer the Application or Services.
- (h) If our performance of any obligation under the Contract is prevented or delayed by anything you do or fail to do, we will tell you and may suspend performance of the Services until the problem is fixed. We are not liable for any costs or losses you incur as a result.

## 4. AI-generated responses

- (a) Holly writes responses automatically, using AI models, based on Customer Information and your instructions. Holly only offers booking times that your connected booking system shows as available, and hands a conversation to your team when it is not confident of the answer.
- (b) Despite these safeguards, AI-generated responses may occasionally be incomplete or inaccurate. Every conversation is kept in the Application so you can review what was said and correct the information behind it.
- (c) Holly answers questions about allergens and dietary needs only from the information you provide. You remain responsible for the allergen information you give Guests under applicable food information law.
- (d) Holly tells Guests they are talking to an AI assistant when they ask.

## 5. Third-Party Services

- (a) Integrations with Third-Party Services, such as OpenTable and the WhatsApp Business Platform, depend on your own accounts with those providers and are subject to their terms. We are not responsible for the availability, performance or changes of any Third-Party Service.
- (b) WhatsApp Business messaging fees are set by Meta, are not included in the Fee and are billed by Meta directly to you.
- (c) If you do not use OpenTable, Holly directs Guests to your own booking page instead of making bookings in the conversation.

## 6. Our obligations to you

We warrant that:

- (a) the Application will be available to you and the Services will be provided with reasonable care and diligence, in an effective, timely, professional and workmanlike manner in line with applicable industry standards and practices;
- (b) the Services and Application will be available at least 95% of the time in each calendar month, measured on a 24/7 basis, except for planned downtime (of which we will give at least 48 hours’ notice) and unavailability caused by circumstances outside our control;
- (c) we will take reasonable steps and implement industry-standard administrative, physical and technical safeguards to protect Customer Information, which will be stored securely in line with our data security and information governance protocols, further details of which are available on request;
- (d) Holly and the Application do not and will not contain Malicious Code;
- (e) the Services will be performed in accordance with, and will not violate, applicable laws, rules and regulations; and
- (f) we have all rights, titles, licences, intellectual property, permissions and approvals needed to perform this Contract and to grant you the rights in it, and neither the Services nor their use as contemplated by this Contract infringe any patent, copyright, trademark, licence or other proprietary right, or misappropriate any trade secret, of any third party.

## 7. Charges and payment

- (a) We will invoice the Fee monthly in advance for each Location, from the date you accept these terms and complete the registration process. Any Setup Fee is invoiced when you order.
- (b) You will pay by monthly direct debit or by payment card, within 7 days of receiving our invoice.
- (c) If payment is more than 7 days late, we will suspend Holly and access to the Application until payment is made.
- (d) We may review the Fee at any time and will give you at least 30 days’ notice before any change takes effect.
- (e) The Fee is stated exclusive of any applicable VAT, which will be charged or accounted for in accordance with applicable law.

## 8. Intellectual property rights

- (a) The Application, Holly and all Intellectual Property Rights in or used by them, and all other materials we provide that are accessible to you and your Users, are and will remain our exclusive property or that of our licensors. You have only a limited and temporary right to use the Application and Holly in accordance with this Contract. Neither you nor your Users will challenge our rights to or ownership of the Application or Holly, or try to assert any proprietary rights in either.
- (b) Where the Application or Holly is amended, configured or developed to meet your needs, at your suggestion or in response to your experience of it, all Intellectual Property Rights in that enhancement or addition belong to us.
- (c) You will not remove or alter any designations or proprietary notices on the Application or Holly, and we assert our moral right to be identified as the author of the works.
- (d) The Application may include elements subject to open source or other third-party licences, made available under the terms of those licences without warranty of any kind, including any implied warranty of merchantability or fitness for a particular purpose.
- (e) You are and will remain the owner or licensee of the Customer Information, with full power and authority to use it as you wish. You licence the Customer Information to us solely for the purposes of this Contract. This Contract does not grant us any Intellectual Property Rights or other rights or licences in the Customer Information.

## 9. Confidentiality and data

- (a) Each party will keep confidential all Confidential Information it acquires about the business or affairs of the other. Neither party will use or disclose the other’s Confidential Information except as necessary to perform its obligations or exercise its rights under the Contract. Each party will make sure its officers, employees and anyone else to whom Confidential Information is disclosed comply with this clause.
- (b) These confidentiality obligations do not apply to information that (a) is or becomes publicly available through no act or omission of the receiving party, or (b) must be disclosed by law or by order of a court or other competent authority.
- (c) We follow our archiving procedures for Customer Information. If Customer Information is lost or damaged, your sole and exclusive remedy is for us to use reasonable commercial endeavours to restore it from the latest back-up we hold under those procedures. We will use reasonable skill, care and diligence to preserve Customer Information but, subject to that, are not responsible for any loss, destruction, alteration or disclosure of Customer Information caused by a third party (other than third parties we sub-contract to maintain and back up Customer Information).
- (d) In providing the Services we will comply with all applicable data protection laws and with our [Privacy policy](https://www.askholly.ai/privacy/).
- (e) Where we process personal data on your behalf, you are the data controller and we are the data processor, and our [Data processing terms](https://www.askholly.ai/data-processing/) apply. In particular:
  - (i) personal data is stored within the EU but may be accessed or processed outside the EU, in accordance with applicable law, to provide the Application and the Services;
  - (ii) you will make sure you are entitled to transfer the relevant personal data to us so that we may lawfully use, process and transfer it on your behalf;
  - (iii) you will make sure the relevant individuals have been informed of, and where required have consented to, that use, processing and transfer, as required by applicable data protection law; and
  - (iv) we will process the personal data only in accordance with this Contract and your lawful, reasonable instructions from time to time.
- (f) The parties acknowledge that a breach of clause 8 (Intellectual property rights) or this clause 9 may cause irreparable harm for which damages may not be an adequate remedy. Either party may therefore seek injunctive relief (including interim or interlocutory relief) in any jurisdiction to prevent or remedy such a breach, in addition to any other remedies available.
- (g) When the Contract ends, or at the written request of either party, the other party will promptly return or securely delete all documents and materials containing the requesting party’s Confidential Information, except where retention is required for legal, regulatory or internal audit purposes. Where deletion is required, the receiving party will confirm it in writing, subject to any limits arising from system back-ups or disaster recovery processes.

## 10. Limitation of liability

- (a) Subject to the other terms of this Contract, our total liability to you for all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, will not exceed the total Fees you paid us in the 12 months before the event giving rise to the claim.
- (b) Neither party will be liable to the other for any lost profits or revenue, or for any indirect, special, incidental, consequential, cover or punitive damages, whether in contract or tort.
- (c) We warrant that your use of the Application and Holly in accordance with this Contract will not infringe the Intellectual Property Rights of any third party, and that we will keep Customer Information confidential and prevent its unauthorised use or disclosure in accordance with clause 9. If we breach the warranties in this clause 10(c), we will indemnify you for all losses arising, subject to an aggregate limit of £100,000.
- (d) We are not liable for the performance of the Application where it has been intentionally interfered with by a third party.

## 11. Termination or suspension

- (a) Without limiting any other rights or remedies, either party may end the Contract immediately by written or email notice if the other: (a) commits a material breach of any term of the Contract; (b) repeatedly breaches the Contract despite written notice to comply; (c) cannot perform its obligations because of force majeure; or (d) suspends or threatens to suspend payment of its debts, is unable to pay its debts as they fall due, admits inability to pay its debts or, being a company, is deemed unable to pay its debts within the meaning of section 570 of the Companies Act 2014.
- (b) If you ask within 30 days after the Contract ends, we will make your Customer Information available for export or download for 60 days after the end date. After that, we may charge for accessing and retrieving Customer Information.
- (c) Accounts are either active or ended in accordance with this Contract, other than any suspension for late payment under clause 7(c).
- (d) Clause 8 (Intellectual property rights), clause 9 (Confidentiality and data) and clause 10 (Limitation of liability) survive the end of the Contract.

## 12. General

- (a) Neither party may assign, transfer or otherwise deal with its rights under this Contract without the other’s written consent.
- (b) Any notice under or in connection with the Contract must be in writing or by email, addressed to the other party at its registered office and sent by pre-paid first class post or another next working day delivery service, and is deemed received two days after sending.
- (c) If any provision of the Contract is or becomes invalid, illegal or unenforceable, it will be treated as modified to the minimum extent needed to make it valid, legal and enforceable.
- (d) A waiver or variation of any term of this Contract is only effective if it is in writing and signed by both parties. No failure or delay in exercising any right or remedy is a waiver of it.
- (e) Nothing in the Contract creates a partnership or joint venture between the parties, and neither party has authority to act as agent for, or bind, the other.
- (f) A person who is not a party to the Contract has no right to enforce its terms.
- (g) This Contract is the entire agreement between the parties about its subject matter and supersedes all prior discussions, understandings and agreements.
- (h) This Contract is governed by the law of Ireland, and the parties submit to the exclusive jurisdiction of the courts of Ireland.