Terms of Service

1. Description of Service

ComplianceKitchen provides a software-as-a-service (SaaS) platform designed to assist food and beverage operators in organizing, tracking, and managing their operational compliance activities, including but not limited to employee notice tracking, certification management, temperature log maintenance, allergen tracking, and regulatory update monitoring. The Service is an organizational and tracking tool only. It does not constitute legal advice, and the Company is not a law firm. See our Legal Disclaimer for further information.

2. Eligibility

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement. The Service is intended for use by businesses and their authorized representatives, not by individual consumers for personal use.

3. Account Registration and Security

To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You agree to notify us immediately at hello@compliancekitchen.org of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss or damage arising from your failure to comply with this section.

4. Subscription, Fees, and Payment

Access to the Service requires a paid subscription. Subscription fees, billing cycles, and any applicable taxes are described on the pricing page of the Site and are subject to change upon reasonable notice. By providing a payment method, you authorize the Company (or its payment processor) to charge the applicable fees to that payment method on a recurring basis.

All fees are non-refundable except as expressly set forth in these Terms or as required by applicable law. If you dispute a charge, you must contact us within 30 days of the charge. The Company reserves the right to suspend or terminate your access to the Service for non-payment of fees.

Monthly subscriptions may be cancelled at any time, with cancellation taking effect at the end of the current billing period. Annual subscriptions are billed for the full annual term and are not subject to pro-rata refunds upon early cancellation, except as required by applicable law.

5. Acceptable Use

You agree to use the Site and Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Site or Service in any way that violates any applicable federal, state, local, or international law or regulation;
• Use the Site or Service to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
• Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity;
• Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site or Service, or which may harm the Company or users of the Site or Service;
• Use the Site or Service in any manner that could disable, overburden, damage, or impair the Site or Service;
• Use any robot, spider, or other automatic device, process, or means to access the Site or Service for any purpose, including monitoring or copying any of the material on the Site or Service;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or Service, the server on which the Site is stored, or any server, computer, or database connected to the Site or Service;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service;
• Remove, alter, or obscure any proprietary notices or labels on the Service.

6. Intellectual Property

The Site and Service, including all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes in accordance with these Terms. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site or Service, except as incidental to normal use of the Service.

7. User Data

You retain ownership of all data you input into the Service (“User Data”). By using the Service, you grant the Company a limited, non-exclusive, royalty-free license to use, process, and store your User Data solely as necessary to provide the Service to you. The Company will handle your User Data in accordance with our Privacy Policy.

You represent and warrant that you have all necessary rights, consents, and permissions to submit User Data to the Service, including any employee personal information, and that doing so does not violate any applicable law, including data protection and privacy laws.

8. Disclaimer of Warranties

THE SITE AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE OR SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE OR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITE OR SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE OR SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site or Service, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site or Service.

11. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You may terminate your account at any time by contacting us at hello@compliancekitchen.org. Termination of your account does not relieve you of any obligation to pay fees accrued prior to termination.

12. Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site or Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of Los Angeles. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

WAIVER OF CLASS ACTION: TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect by posting the updated Terms on the Site and, where appropriate, notifying you by email. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.

14. Entire Agreement

These Terms, together with our Privacy Policy and Legal Disclaimer, constitute the entire agreement between you and the Company regarding the Site and Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site and Service.

15. Contact Us

If you have questions about these Terms of Service, please contact us at:

ComplianceKitchen
Email: hello@compliancekitchen.org
Website: compliancekitchen.org