Terms of Use

1.1 “Customer Data” means any information, files, documents, or other content submitted or uploaded to the Services by or on behalf of the Customer, including data processed by foodflou on Customer’s behalf.
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1.2 “Effective Date” means the date on which foodflou first provides access to the Services following execution of a PO.
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1.3 “Services” means access to and use of foodflou’s proprietary software-as-a-service compliance platform, including any onboarding, configuration, support, and related services provided by foodflou, as further described in the relevant PO.
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1.4 “Subscription Term” means the period of time during which you are permitted to access and use the Services, as specified in the applicable PO.
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1.5 “Users” means employees, contractors, or authorised agents of the Customer who are given access to the Services.

2.1 foodflou provides access to the Services as described in a mutually executed PO. The Services are accessible via web browser and may be used on desktop or mobile browsers. No public registration, free trial, or self-service access is currently offered.

2.2 Use of the Services is limited to authorised Users and only for your internal business purposes. Access is non-transferable and subject to the terms of this Agreement.

3.1 Fees are due as set out in your PO and are either payable in advance for the full Subscription Term or on a monthly basis via bank transfer, Stripe or Chargebee, depending on the agreed billing schedule.

3.2 Unless otherwise stated, all fees are exclusive of VAT or other applicable taxes. Payment obligations are non-cancellable, and fees are non-refundable, except as expressly set out in this Agreement.

3.3 At the end of the initial Subscription Term, the Services will automatically renew for additional periods of equal length, unless either party provides at least thirty (30) days’ prior written notice.

3.4 A standard annual price increase of 3% will apply upon each renewal, applicable only to the original Services and modules specified in your initial PO.

3.5 Discounts, if granted, apply only to the original Subscription Term and scope, and do not extend to renewals or newly released modules unless expressly agreed by foodflou in writing.

4.1 You are responsible for the accuracy, legality, and integrity of all Customer Data submitted to the Services.

4.2 While foodflou may offer automated suggestions or assistance through AI or large language model (LLM) technologies, all outputs must be independently verified by you. foodflou disclaims all liability arising from reliance on AI-generated content.

4.3 You shall ensure that only authorised Users access the Services and are responsible for maintaining confidentiality of access credentials.

4.4 You must notify foodflou promptly of any unauthorised access or use.

5.1 Support is provided via a dedicated customer success contact and through our email channel at support@foodflou.com.

5.2 Availability and response times will depend on your agreed onboarding and service level but generally follow regular Irish business hours.

6.1 All intellectual property rights in the Services, including but not limited to software, branding, trademarks (including the foodflou mark), interfaces, and documentation, are and remain the exclusive property of Certio Ltd or its licensors.

6.2 Nothing in this Agreement grants you ownership of, or rights in, the Services other than the limited license to access and use them during the Subscription Term.

7.1 Our use of Customer Data is governed by our Privacy Policy, available at foodflou.com/privacy-policy

7.2 We act as a data processor with respect to personal data submitted by you and may process such data only in accordance with applicable data protection laws and solely to provide the Services.

7.3 You are responsible for ensuring that all necessary consents have been obtained and notices provided to individuals whose personal data is processed via the Services.

8.1 Either party may terminate this Agreement with immediate effect by written notice if the other party materially breaches this Agreement and fails to remedy the breach within thirty (30) days of receiving notice.

8.2 Upon termination, all access to the Services will be revoked, and you must export your data before the effective termination date.

9.1 The Services are provided “as is” and “as available”. To the maximum extent permitted by law, foodflou disclaims all warranties, express or implied, including any warranties of merchantability or fitness for a particular purpose.

9.2 In no event shall foodflou’s total aggregate liability arising out of or related to this Agreement exceed the total fees paid by you under the applicable PO in the twelve (12) months preceding the claim.

10.1 This Agreement is governed by the laws of Ireland and subject to the exclusive jurisdiction of the courts of Ireland.

10.2 This Agreement, together with the applicable PO and Privacy Policy, constitutes the entire agreement between the parties and supersedes all prior agreements or understandings.

10.3 Any amendments must be in writing and signed by both parties.

10.4 You may not assign this Agreement without our prior written consent. We may update these Terms from time to time with notice, and continued use of the Services constitutes acceptance of the updated Terms.