Terms of Use

Effective from 10.04.2022

FoodDocs

FoodDocs provides services that aim to help companies specializing in food achieve compliance with food safety requirements and ensure that the documents associated with food safety conform with the law and best practices.

The services are available at https://www.fooddocs.com and via our desktop and mobile client applications (hereinafter “FoodDocs System”).

These Terms of Use govern your use of our services and the FoodDocs System.

The term “User” or “you” refers to the legal entity that has concluded an agreement with us (including the person acting on its behalf) and has accepted these Terms of Use (hereinafter “Terms”). By accepting the Terms and using our services, the User confirms having carefully read the Terms. Your agreement with us, any service orders and these Terms are jointly referred to as the “Contract”.

1. SERVICE AND USE THEREOF

   1. FoodDocs provides through the FoodDocs System services for companies specializing in food, which help the User administrate documents related to food safety and help the User in achieving compliance with relevant requirements arising from legal acts or best practices (hereinafter the “Service”). The Service is intended only for use in economic and professional activity and is not available to consumers. For the avoidance of doubt, the use of the Service does not guarantee that the User will be fully compliant with food safety requirements.

   2. As a part of the Service, the User can create a Food Safety Management System for food and ensure its proper handling. The FoodDocs System will automatically generate the management system in accordance with the input data presented by the User while considering also other similar users’ data. The Food Safety Management System generated on the FoodDocs System can be modified by the User or by third parties using the Service on behalf of the User.

   3. The Service available via the FoodDocs System consists of modules with various functionalities. For instance: creating a HACCP plan, recording and tracking food safety monitorings, recording auditing, managing employees’ documents’, etc.

   4. To use the Service, the User must create a user account on the FoodDocs System. Any personal data processed as part of the Service or use of the FoodDocs System is subject to our Privacy Policy.

   5. In order to create a user account and use the Service, the legal entity on whose behalf the user account is created has to be duly registered and have full legal capacity. If you are concluding the Contract on behalf of a legal entity, for example, your employer or a company to which you render services, you need to be able to prove that you have the legal right to assume binding obligations on behalf of said entity.

   6. Users understand that the Service merely helps Users to create and manage documents related to food handling. We bear no responsibility for the accuracy and functioning of your food safety system. FoodDocs does not verify the accuracy of the data you have provided to us, and we do not verify the actual fulfillment of the requirements by you.

2. RIGHTS AND OBLIGATIONS OF THE USER

   The User shall:

1. 1. submit accurate data in the process of registration and use a valid e-mail address;

   2. ensure that any information provided in the process of using the Service and FoodDocs System is not false, misleading, or inaccurate, does not infringe any rights of third parties (including intellectual property rights) and is not contrary to applicable law and good practices;

   3. keep the login credentials (including password) set for the FoodDocs System so that they are kept secret and beyond the reach of any third persons;

   4. notify us about promptly of any information and circumstances that may have changed vis-à-vis what was provided upon registration as a User of the FoodDocs System;

   5. notify us promptly if the password or other credentials set for using the FoodDocs System have been lost or come into possession of unauthorised persons.

The User is prohibited from:

1. 6. using the FoodDocs System to commit fraud or for any other unlawful purpose;

   7. uploading or communicating any viruses or malware of any other type that is or could be used in a manner affecting the functionality or performance of the FoodDocs System ;

   8. creating a user account on the FoodDocs System, if this is not connected with the User’s economic and professional activities, inter alia, Users are prohibited from creating a FoodDocs System user account as a consumer. 

3. RIGHTS AND OBLIGATIONS OF FOODDOCS

   1. We may restrict or cancel at our sole discretion the User’s access to the FoodDocs System, if:

      1. the User has committed a material breach of the Contract or has not remedied any breach within a reasonable term given by us;

      2. upon registration as a user, or the use of the FoodDocs System, the User has provided information, which is illegal, false, misleading, and/or inaccurate;

      3. in case of any other occurrences which cause us to doubt the User’s reliability.

   2. We have the right to monitor the User’s activity on the FoodDocs System at any time. We may investigate all alleged violations of the Contract, using any means afforded for this purpose by law.

   3. Any and all intellectual property rights relating to the FoodDocs System belong to FoodDocs. During the validity of the Contract you shall have the right to use the FoodDocs System.

   4. The User shall ensure and guarantee that by using the FoodDocs System the User does not violate our intellectual property rights. Otherwise, the User shall compensate for any damages and other expenses caused by such violation.

   5. Any intellectual property belonging to the User and that is part of the content provided by the User via the FoodDocs System shall remain the property of the User, however you grant us the right to use such content:

      1. for the provision of the Service to you;

      2. as input data to machine learning model(s) that enable the possibility of providing and improving the Service.

   6. The User gives us the right to disclose the name of the User’s company as the user of our Service for marketing purposes. The User may revoke said right at any time by sending FoodDocs a respective written notice. 

4. FEE

   1. When using the Service, the User may select one of several Service packages, to which different fees apply. The descriptions of the packages and their respective fees are available here: https://www.fooddocs.com/pricing

   2. FoodDocs may offer the User a 14-day free trial period to use the Service and the FoodDocs System. FoodDocs reserves the right to stop offering the free trial at any time.

   3. If the User would like to manage more than one site through the FoodDocs System, the Service package fee to be paid will be multiplied with the number of sites.

   4. The User shall pay an additional fee for any additional services ordered according to the rates established by us on the FoodDocs System.

   5. All fees, shall be paid in advance. To order the Service, the User has to choose an appropriate package and choose a suitable method of payment:

      1. by invoice (additional service fees may apply);

      2. by credit card (Mastercard or Visa) as a single payment;

      3. by credit card (Mastercard or Visa) as recurring payments.

   6. Payments are handled by the respective bank or a payment service provider.

   7. Where the User has opted for paying against an invoice, FoodDocs will issue an invoice with a due date in 7 business days after the User has selected the option. Failure to pay within the due date shall be regarded as a cancellation of the Service order. The User will not be able to use the Service before we have received the respective payment in full.

   8. FoodDocs reserves the right to change the fees for using the Service at any time. We will notify all Users about changes of the fee at least 30 calendar days in advance. The User may cancel the Contract if they do not accept the revised fees. The User shall be deemed to have accepted the amended fees if they do not submit us their Contract cancellation notice at least 15 days before the date on which the new rates enter into effect. 

5. CUSTOMER SUPPORT AND CONTACT DETAILS

   1. FoodDocs may provide up to 0.5h of free support per each site to Users for solving problems and issues which might occur during the use of the FoodDocs System and Service. To access the support service, the User must contact FoodDocs via e-mail info@fooddocs.com or the live chat provided on the FoodDocs System and describe the problem or malfunction that has occurred. When using the live chat, the User acknowledges that if FoodDocs cannot respond immediately, then FoodDocs will contact the User by telephone or e-mail address previously specified by the User.

   2. FoodDocs provides the support service (by live chat or e-mail) during our regular business hours from Monday to Friday, except for national holidays.

   3. We do not guarantee that the response we provide is sufficient and exhaustive. FoodDocs will do its best to respond to the User's messages as accurately as quickly as reasonably possible.

   4. The free support service does not cover answering content-related questions that might occur when the FoodDocs System is used; that is, within the scope of the free support service, FoodDocs provides help in solving various malfunctions in the FoodDocs System and helps Users navigate the FoodDocs System. 

6. LIABILITY AND COMPENSATION FOR DAMAGES

   1. The content, Services, and functionalities made available by us through the FoodDocs System or in connection therewith, incl. the software is provided on an ‘as is’ and ‘as available basis, without any express or implied warranties.

   2. We do not warrant or guarantee that the FoodDocs System is compatible with any hardware and software used by the User, is always available or available at any given moment, functions at all times without interruptions, is secure or free of faults, meets your every need.

   3. FoodDocs is not responsible for any failures or interruptions of the Service or the FoodDocs System but shall do their best to ensure that any failure or interruption is addressed promptly, and the functioning of the Service and the FoodDocs System is arranged as promptly as possible. FoodDocs shall remedy any urgent failures in the functioning of the Service that make the use of the Service or the FoodDocs System impossible, within one (1) working day or, if this is impossible for technical reasons, FoodDocs shall notify the User when the Service and FoodDocs System becomes functional again. Any other failures that do not make the Service or FoodDocs System unusable (e.g. some of the functionalities of the Services do not function properly, there are problems with speed) will be remedied by FoodDocs within a reasonable period of time, depending on the nature of the problem.

   4. To the maximum extent that is permissible under applicable law any liability of FoodDocs is excluded or limited.

   5. FoodDocs is not responsible for the accuracy of the data entered into the FoodDocs System, or the User’s compliance with the requirements arising from law. The User shall settle at their own expense any disputes with supervisory authorities concerning compliance with requirements arising from the law. Furthermore, the User shall comply with any precepts and pay penalty payments or fines imposed on it for any failure to comply with requirements arising from the law at its own expense. The parties agree that FoodDocs is not in a particular position of trust with the User in the meaning of the Law of Obligations Act. Any information and content (including Food Safety Management System and other food safety related compliance documentation) provided by us to you as a result of using the Service shall not be regarded as an expert opinion or legal advice.

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

7. VALIDITY AND TERMINATION OF THE CONTRACT

   1. The legal relationship between us and the User, which arises from accepting these Terms, is of an unlimited term.

   2. FoodDocs and the User may affect standard termination of the legal relationship at any time, by serving the other party a respective notice.

   3. FoodDocs may effect extraordinary termination of the Contract without prior notice if it becomes evident that the User has committed a material breach of the Contract, in particular the provisions of section 2 of the Terms, or has failed to remedy any breach of the Contract within 10 days after having received a respective notice from us. In this case, the User will not be refunded any prepaid fees.

   4. Users who have opted for the annual Service package may claim a refund of the prepaid fees only if they terminate the Contract within 1 month after its conclusion. If a User who has contracted the annual Service package terminates the Contract after 1 month has passed from the conclusion thereof, then no prepaid fees are refunded and the User retains the right to continue using the FoodDocs System until the end of the prepaid period.

   5. Users who have opted for the monthly Service package will not be refunded the prepaid fees, and the User may continue using the FoodDocs System until the end of the prepaid period.

   6. If FoodDocs terminates the Contract in the case referred to in subsection 7.2 of the Terms, the User may claim a refund of the prepaid services in the amount equalling the fee calculated from the date of termination of the Contract, until the date when the prepaid period expires.

   7. In cases referred to in subsections 7.2 and 7.3 of the Terms, FoodDocs will close the User’s user account, and the User’s access to the user account is terminated, but any data entered into the FoodDocs System for the purpose of providing the Service (other than personal data) will be retained for statistical purposes.

8. AMENDMENTS

   1. We may amend the Terms unilaterally from time to time if this is needed to comply with statutory requirements or to reflect changes in our Services or FoodDocs System, changes in our business model or other similar circumstances. Any amendments to the Terms will enter into effect after you have made available to you by e-mail, the FoodDocs application, or the FoodDocs System user account, and you have continued using the Service.

   2. To amend the Terms, we shall publish the amended version of the Terms on the FoodDocs website, and give you at least 14 (fourteen) days’ advance notice. If you continue using the Service after 14 (fourteen) days from receiving said notice, you shall be deemed to have accepted the amended Terms. 

9. FINAL PROVISIONS

   1. The legal relationships between us and the User, arising from the Contract or the use of the FoodDocs System and our Service, shall be governed by laws of the Republic of Estonia.

   2. The Parties shall attempt to settle any disputes by negotiations. Failing an agreement, the dispute shall be settled by Harju County Court (Estonia).