Terms of Use

1. Introduction

Welcome to FoodSafe Solutions Ltd ("FoodSafe").

FoodSafe provides a Software as a Service (SaaS) platform designed to streamline and enhance compliance with food safety requirements for small to medium-sized enterprises (SMEs) in the food and beverage industry. Our services are available at www.myfoodsafe.co and via our desktop and mobile client applications (the "FoodSafe System").

These Terms of Use govern your use of our services and the FoodSafe System. By accepting these Terms and using our services, you confirm that you have carefully read and understood these Terms. Your agreement with us, any service orders, and these Terms are jointly referred to as the "Contract."

Acceptance of Terms

By accessing or using the FoodSafe platform, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not access or use the FoodSafe platform.

2. Service and Use

Service Overview

FoodSafe provides a comprehensive platform tailored for businesses in the food and beverage industry to manage and streamline food safety compliance. Our services assist Users in organising, managing, and maintaining records related to food safety, in alignment with legal requirements and industry best practices (the "Service"). The Service is designed exclusively for professional and commercial use, not for consumer applications. Utilising the Service does not of itself guarantee full compliance with all food safety regulations.

Customised Food Safety Management System

As part of the Service, Users can develop a customised Food Safety Management System. The FoodSafe platform allows Users to input the necessary data about their own business, products, and processes, which is used to generate a management system tailored to their specific needs. This system can be further customised by Users or by third parties on their behalf.

AI-Assisted Features

Parts of the Service, such as Sage, our HACCP plan builder, use artificial intelligence to assist Users. AI-assisted outputs are proposals prepared from the information the User provides. The User must review, and where prompted approve, all AI-assisted outputs before relying on them. The User remains responsible for the accuracy and suitability of their food safety documentation, as set out in this section and section 6.

Platform Functionalities

The FoodSafe platform includes various modules with distinct functionalities, such as creating compliance documents, monitoring food safety compliance, conducting audits, managing employee documentation, data records, product traceability, and more.

Account Creation

To access the Service, Users must create an account on the FoodSafe platform. All personal data processed as part of the Service is governed by our Privacy Policy.

Legal Capacity

To create a user account and use the Service, the legal entity represented must be duly registered and possess full legal capacity. If you are setting up the account on behalf of an organisation, such as your employer or a client, you must have the authority to enter into binding agreements on their behalf.

Responsibility and Accuracy

Users acknowledge that the Service is intended to assist in the creation and management of food safety documents and records. FoodSafe does not assume responsibility for the accuracy or effectiveness of your food safety system. We do not verify the accuracy of the information you provide nor ensure compliance with food safety requirements.

3. User Responsibilities

Submit Accurate Data

Provide accurate and truthful information during the registration process and use a valid email address.

Ensure Information Integrity

Ensure that any information submitted while using the FoodSafe platform is not false, misleading, or inaccurate. It must not infringe the rights of third parties, including intellectual property rights, and must comply with all applicable laws and good practices.

Maintain Security of Login Credentials

Keep the login credentials (including password) for the FoodSafe platform confidential and secure, ensuring they are not accessible to any unauthorised persons.

Update Information Promptly

Notify us promptly of any changes in the information or circumstances provided during the registration process as a User of the FoodSafe platform.

Report Security Breaches

Inform us immediately if your password or other login credentials for the FoodSafe platform are lost or if unauthorised persons gain access to them.

Prohibited Activities

Unlawful Use: Using the FoodSafe platform to commit fraud or for any other unlawful purposes.

Uploading Harmful Software: Uploading or transmitting any viruses, malware, or any other harmful software that could impact the functionality or performance of the FoodSafe platform.

Creating Unauthorised Accounts: Creating a user account on the FoodSafe platform for personal use unrelated to professional activities. Users are prohibited from creating an account if it is not connected to the User's economic and professional activities.

4. FoodSafe User Agreement and Responsibilities

Access Restriction and Termination

FoodSafe reserves the right to restrict or terminate a User's access to the FoodSafe platform under the following conditions:

Material Breach: If the User commits a material breach of the Contract or fails to remedy any breach within a reasonable period provided by FoodSafe.

Provision of False Information: If the User, upon registration or during the use of the FoodSafe platform, provides information that is illegal, false, misleading, and/or inaccurate.

Reliability Concerns: In any other cases that cause FoodSafe to reasonably doubt the User's reliability or trustworthiness.

Monitoring and Investigations

FoodSafe retains the right to monitor User activity on the FoodSafe platform. We may investigate alleged violations of the Contract using any lawful means available.

Intellectual Property Rights

Ownership: All intellectual property rights related to the FoodSafe platform are owned by FoodSafe. During the validity of the Contract, Users have the right to use the FoodSafe platform as intended.

User Obligations: Users must ensure that their use of the FoodSafe platform does not violate FoodSafe's intellectual property rights. Any violations will require the User to compensate FoodSafe for any damages and associated expenses.

Content Rights and Service Improvement

Any intellectual property belonging to the User that forms part of the content provided via the FoodSafe platform remains the property of the User. The plans, records, and documents a User creates through the Service are theirs.

By providing content, the User grants FoodSafe the right to use such content for:

• Providing the Service to the User.
• Operating, testing, and improving the Service, including AI-assisted features such as Sage. This means FoodSafe may review and analyse how the Service is used, including the content of AI-assisted sessions and the outputs generated, in order to find and fix problems and improve accuracy and usefulness.

For clarity: content submitted by one customer is never used to generate plans, documents, or outputs for another customer, and our AI model provider does not use User content to train its models. Further detail is set out in our Privacy Policy.

Marketing and Communications

Use of Company Name: Users grant FoodSafe the right to disclose the name of their company as a user of our Service for marketing purposes. Users may revoke this right at any time by sending a written notice to FoodSafe.

Communications: FoodSafe may contact Users via the platform and email about the Service and about FoodSafe products and features. Users can opt out of marketing communications at any time.

5. Payment and Fee Policy

Service Packages and Fees

When using the FoodSafe Service, the User may select from several service packages, each with different fees. Detailed descriptions of the packages and their respective fees are available at www.myfoodsafe.co/#pricing.

Free Trial

FoodSafe offers a 14-day free trial for new Users, which runs on the Professional plan so Users can try the full Service, including Sage. No payment card is required to start the trial, and nothing is charged automatically. At the end of the trial, the User must select a plan and provide payment details to continue using the Service. Records and documents entered during the trial remain safely stored in the User's account. FoodSafe reserves the right to change or stop offering the free trial at any time for new sign-ups, without affecting trials already in progress.

Service Packages

If the User wishes to manage more than one site through the FoodSafe platform, the Service package fee will be multiplied by the number of sites.

Additional Services

Users may order additional services at rates established by FoodSafe. These fees are also listed on the FoodSafe platform.

Payment Terms

Fees for paid plans are payable in advance. To subscribe, the User chooses a package and a payment method. FoodSafe uses Stripe for all payments and does not store sensitive payment information on the platform, only the information necessary for transaction processing. Payment methods include:

• By credit or debit card (Mastercard or Visa) as a single payment.
• By credit or debit card (Mastercard or Visa) as recurring monthly or annual payments.

Failure to pay for a paid plan will result in cancellation of the service order.

Fee Changes

FoodSafe reserves the right to change the fees for using the Service. Users will be notified of fee changes at least 30 calendar days in advance. Users may cancel their Contract if they do not accept the revised fees. Continued use of the Service after the notice period will be deemed acceptance of the new fees.

Referral Program

FoodSafe may offer a referral program where Users can gain free days towards their membership by referring other businesses. FoodSafe reserves the right to change or cancel the referral program at any time without prior notice.

6. Disclaimer of Warranties and Limitation of Liability

Service Availability and Quality

The content, services, and functionalities made available by us through the FoodSafe System, including our software, are provided on an "as is" and "as available" basis, without any express or implied warranties.

Compatibility and Performance

We do not warrant or guarantee that the FoodSafe System will be compatible with any hardware and software used by the User, that it will always be available or available at any given moment, that it will function at all times without interruptions, that it will be secure or free of faults, or that it will meet your every need.

Service Interruptions and Failures

FoodSafe is not responsible for any failures or interruptions of the Service or the FoodSafe System but shall do our best to ensure that any failure or interruption is addressed promptly. We aim to restore the functioning of the Service and the FoodSafe System as quickly as possible. FoodSafe will remedy any urgent failures that make the use of the Service or the FoodSafe System impossible within one (1) working day. If this is technically impossible, FoodSafe will notify the User of the expected time frame for the Service and FoodSafe System to become functional again. Other non-critical failures (e.g., partial functionality issues, performance problems) will be addressed within a reasonable period of time, depending on the nature of the problem.

Limitation of Liability

To the maximum extent permissible under applicable law, any liability of FoodSafe is excluded or limited. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under the law of England and Wales.

Accuracy of User Data and Compliance

FoodSafe is not responsible for the accuracy of the data entered into the FoodSafe System or the User's compliance with legal requirements. The User is solely responsible for settling any disputes with supervisory authorities concerning compliance with the law at their own expense. Furthermore, the User shall comply with any directives and pay any penalties or fines imposed for non-compliance with legal requirements. No fiduciary or advisory relationship arises between FoodSafe and the User. Any information and content (including the Food Safety Management System, AI-assisted outputs, and other food safety-related compliance documentation) provided as a result of using the Service shall not be regarded as expert opinion or legal advice.

Indemnification

The User agrees to compensate us for any costs, damages, claims, and expenses (including legal expenses) that directly or indirectly arise from any breach of the Contract or any applicable legislation by the User.

7. Termination and Duration of the Legal Relationship

Unlimited Term

The legal relationship between FoodSafe and the User, established upon acceptance of these Terms, is of an unlimited duration.

Standard Termination

FoodSafe and the User may terminate the legal relationship at any time by providing respective notice to the other party.

Extraordinary Termination

FoodSafe may terminate the Contract without prior notice if it becomes evident that the User has committed a material breach of the Contract, particularly the provisions outlined in section 2 of the Terms, or if the User fails to remedy any breach within 10 days after receiving a notice from us. In such cases, the User will not be refunded any prepaid fees.

Refund Policy for Annual Service Package

Users who have opted for the annual Service package may claim a refund of prepaid fees only if they terminate the Contract within 1 month of its conclusion. If termination occurs after this 1-month period, no prepaid fees will be refunded, and the User retains the right to use the FoodSafe System until the end of the prepaid period.

Refund Policy for Monthly Service Package

Users who have opted for the monthly Service package will not be refunded any prepaid fees. The User may continue using the FoodSafe System until the end of the prepaid period.

Refund upon FoodSafe Termination

If FoodSafe terminates the Contract under the conditions specified in the Extraordinary Termination provision above, the User may claim a refund of the prepaid services for the remaining period from the date of termination until the end of the prepaid period.

Data Retention and Account Closure

Where an account is closed under this section, FoodSafe will terminate access to it. Any data entered into the FoodSafe System for the purpose of providing the Service (excluding personal data) may be retained for statistical purposes. Retention of personal data is governed by our Privacy Policy.

8. Amendments to Terms

Right to Amend

We may unilaterally amend these Terms from time to time if necessary to comply with statutory requirements, to reflect changes in our Services or the FoodSafe System, changes in our business model, or other similar circumstances. Any amendments to the Terms will become effective once they have been made available to you via email, the FoodSafe application, or the FoodSafe System user account, and you have continued using the Service.

Notification of Amendments

To amend the Terms, we will publish the revised version on the FoodSafe website and provide you with at least 14 (fourteen) days' advance notice. If you continue using the Service after 14 (fourteen) days from receiving said notice, you will be deemed to have accepted the amended Terms.

9. Final Provisions

Governing Law

The legal relationships between FoodSafe and the User, arising from the Contract or the use of the FoodSafe System and our Service, shall be governed by the laws of England and Wales.

Dispute Resolution

The Parties shall attempt to settle any disputes through negotiations. If an agreement cannot be reached, the dispute shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Contact Information

For any questions or concerns regarding these Terms, please contact us at:

FoodSafe Solutions Ltd 85 Great Portland Street, First Floor, London, W1W 7LT Email: support@myfoodsafe.co