Terms of Service

Last updated: [DATE]

These Terms of Service ("Terms") are an agreement between [COMPANY LEGAL NAME] ("we", "us" or "our") and the business that signs up for FoodLabel App ("you", "your" or "Customer"). They cover your use of the FoodLabel App website, web application and related services (together, the "Service"). By creating an account, ticking the box to accept these Terms, or using the Service, you agree to them on behalf of your business. If you don't agree, don't use the Service.

1. The Service

FoodLabel App is an online tool that helps food businesses design and print food labels (including menu labels, prep / use-by stickers and received-on stickers) from a web browser, and track daily production, sales and waste. The features available to you depend on the plan you choose. The Service is intended for business use only and not for personal, family or household use.

2. Accounts and users

• You must give us accurate account information and keep it up to date.
• The person who creates the account confirms they are authorized to bind the business to these Terms.
• You may invite your staff as users with owner, manager or staff roles. You are responsible for everything done under your account, for choosing who has access, and for removing access when someone leaves.
• Keep passwords confidential and tell us promptly at [CONTACT EMAIL] if you believe your account has been accessed without permission.

3. Free trial

New accounts may start with a free trial for the period shown at sign-up. No payment card is required to start a trial. When the trial ends, features that require a paid plan stop working until you choose a plan and add payment details. We may change or end trial offers at any time, but changes won't shorten a trial that has already started.

4. Subscriptions and billing

• Pricing. Paid plans are billed per location, per month, at the prices shown on our website or in the app when you subscribe. Prices exclude taxes unless stated otherwise, and you are responsible for any applicable sales, use or similar taxes.
• Payment processing. Payments are processed by Stripe, Inc. ("Stripe"). By subscribing you also agree to Stripe's terms for payment processing. We do not store your full card number; Stripe does.
• Automatic renewal. Subscriptions renew automatically each month and you authorize us (through Stripe) to charge your payment method for each period and for each active location, until you cancel.
• Changes to locations or plans. Adding or removing locations, or upgrading or downgrading your plan, may change your charges. Any proration is calculated by Stripe and shown on your invoice.
• Failed payments. If a payment fails, we may retry it and may suspend paid features after a reasonable grace period if it isn't resolved.
• Price changes. We may change our prices. We'll give you at least 30 days' notice by email or in the app before a price increase applies to your subscription.
• Refunds. Fees are non-refundable and we don't provide refunds or credits for partial months, except where required by law or where we decide otherwise in a specific case.

5. Cancellation and termination

• You may cancel at any time from the Billing page in the app. Cancellation takes effect at the end of the current billing period, and you won't be charged again.
• We may suspend or terminate your access if you materially breach these Terms (including non-payment) and don't fix the breach within 10 days of our notice, or immediately if needed to prevent harm to the Service, other customers or the public, or to comply with law.
• We may stop offering the Service by giving you at least 60 days' notice, in which case we'll refund any prepaid fees for the period after the Service ends.
• Sections 6 (as it relates to export and deletion), 7, 11, 12, 13, 14, 15 and 16 survive termination.

6. Your data

• You own your data. "Customer Data" means the information you and your users put into the Service, such as menu items, recipes, nutrition values, ingredients, allergens, location details and production and sales records. As between you and us, you own all Customer Data.
• Our permission to use it. You give us a limited permission to host, copy, process and display Customer Data only as needed to provide, secure, support and improve the Service, and as described in our Privacy Policy. We won't sell your Customer Data.
• Export. While your account is active, you can export production reports in CSV format from the app. If you need help getting other data out, contact us at [CONTACT EMAIL].
• Retention after cancellation. After your account is cancelled or terminated, we keep Customer Data for 30 days so you can reactivate or request an export. After that we delete it from our active systems; copies in backups are overwritten in the normal backup cycle, within 90 days. We may keep limited records longer where required by law (for example, billing records).
• Backups. We take reasonable steps to back up the Service, but you are responsible for keeping your own copies of anything you can't afford to lose, such as by exporting reports regularly.

7. Your label content and food safety

You are solely responsible for the content of every label you create or print with the Service and for its accuracy and legal compliance. This includes, without limitation:

• product names, prices, net weights and barcodes;
• Nutrition Facts values, serving sizes and % Daily Values;
• ingredient lists and allergen declarations;
• consumer advisories (for example, about raw or undercooked foods), refrigeration and handling statements;
• "Enjoy By", "Use By", prep and received dates and times, and the shelf-life settings used to calculate them; and
• "Packaged by" names and addresses.

The Service prints the information you enter and performs simple date and arithmetic calculations based on your settings. We do not review, verify or approve label content, nutrition calculations, shelf lives or food-safety practices, and nothing in the Service is legal, regulatory, nutritional or food-safety advice. You are responsible for complying with all laws and regulations that apply to your food business and labels (including federal, state and local food-labeling and food-code requirements), and for checking printed labels before use. You are also responsible for your own devices, printers, label stock and internet connection.

8. Acceptable use

You agree not to, and not to let anyone else:

• use the Service to break any law or to create false or misleading labels;
• access another customer's account or data, or probe, scan or test the vulnerability of the Service without our written permission;
• interfere with or overload the Service, or upload malware;
• copy, resell, sublicense or provide the Service to third parties as a service bureau, other than to your own locations and staff; or
• reverse engineer the Service except where the law allows it despite this restriction.

9. Availability, support and changes

We aim to keep the Service available and working well, but we don't promise it will be uninterrupted or error-free. Planned maintenance, internet or hosting outages, and other events may make it unavailable from time to time. We provide support by email on a reasonable-efforts basis. We may improve, change or remove features over time; if we remove a material feature of a paid plan, we'll tell you in advance.

10. Third-party services

The Service relies on third-party providers such as hosting, email delivery and Stripe for payments, and works with browsers, operating systems and printers made by others. We aren't responsible for third-party products or services, and your use of them may be subject to their own terms.

11. Intellectual property and feedback

We (and our licensors) own the Service, including its software, design and documentation. These Terms give you a limited, non-exclusive, non-transferable right to use the Service for your internal business purposes during your subscription; they don't transfer any ownership to you. If you send us suggestions or feedback, we may use them without any obligation to you.

12. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY, AND ANY WARRANTY THAT LABELS PRODUCED WITH THE SERVICE WILL MEET ANY LEGAL OR REGULATORY REQUIREMENT.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL OR DATA, OR FOR PRODUCT RECALLS, EVEN IF ADVISED OF THEIR POSSIBILITY; AND (B) OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. These limits don't apply to your payment obligations or your indemnification obligations, and they apply only to the extent the law allows.

14. Indemnification

You will defend and indemnify us and our officers, employees and contractors against third-party claims, and related losses, damages and reasonable legal fees, arising from (a) your label content or Customer Data, (b) the food products you prepare, package, label or sell, or (c) your breach of these Terms or of applicable law.

15. Governing law and disputes

These Terms are governed by the laws of the State of [STATE], without regard to its conflict-of-laws rules. Any dispute will be brought exclusively in the state or federal courts located in [STATE], and both parties consent to their jurisdiction. Before filing a claim, each party agrees to try to resolve the dispute informally by contacting the other for at least 30 days.

16. General

• Changes to these Terms. We may update these Terms. If a change is material, we'll give you at least 30 days' notice by email or in the app. Continuing to use the Service after a change takes effect means you accept the new Terms.
• Entire agreement. These Terms and the Privacy Policy are the entire agreement between us about the Service and replace any earlier understanding.
• Assignment. You may not transfer these Terms without our written consent, except as part of a merger or sale of substantially all of your business. We may transfer them to an affiliate or in connection with a merger, acquisition or sale of assets.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.
• Severability and waiver. If any part of these Terms can't be enforced, the rest stays in effect. Not enforcing a right isn't a waiver of it.
• Notices. We'll send notices to the email address on your owner account. You can send notices to us at [CONTACT EMAIL].

17. Contact

Questions about these Terms? Contact [COMPANY LEGAL NAME] at [CONTACT EMAIL].