1. About These Terms
These Terms of Service ("Terms") govern your use of the SmartHaccp platform and related services (the "Service") provided by SmartHaccp Ltd ("we", "us", "our"). By creating an account or using the Service, you agree to be bound by these Terms.
If you are using the Service on behalf of a business, you confirm that you have authority to bind that business to these Terms.
These Terms should be read alongside our Privacy Policy.
2. The Service
SmartHaccp is a cloud-based food safety management platform that enables food businesses to manage:
- HACCP plans and critical control points
- Temperature monitoring and logging
- Allergen tracking and matrix management
- Cleaning schedules and rotas
- Daily diary and compliance checks
- Incident reporting and non-conformance tracking
- Staff training records
- Compliance reporting and EHO audit preparation
3. Account Registration
3.1 Eligibility
You must be at least 18 years old and have authority to enter into these Terms on behalf of a food business to use the Service.
3.2 Your responsibilities
- Provide accurate, complete, and current information during registration.
- Maintain the confidentiality of your login credentials.
- All activity that occurs under your account, including activity by staff members you invite.
- Notify us immediately of any unauthorised access or security breach.
3.3 Staff accounts
You may invite staff members to your account. You are responsible for all actions taken by users within your account. You must ensure staff users comply with these Terms.
4. Free Trial
New accounts receive a 60-day free trial with access to the features specified in your trial plan. No payment information is required to start a trial.
At the end of the trial period, you will be prompted to select a paid plan or your account will be downgraded to limited functionality. Your data is retained for 30 days after trial expiry.
We reserve the right to modify or discontinue free trials at any time.
5. Subscriptions and Payment
5.1 Plans and pricing
Current plan prices and features are displayed on our pricing page. All prices include VAT where applicable. Prices are shown in GBP (UK), EUR (Ireland), or NGN (Nigeria) based on your location.
5.2 Billing
Subscriptions are billed in advance on a monthly or annual basis, as selected at checkout. Payment is processed by:
- Lemon Squeezy for customers in the United Kingdom and Ireland.
- Paystack for customers in Nigeria.
By subscribing, you authorise recurring charges to your chosen payment method until cancelled.
5.3 Right to cancel (60-day cooling-off period)
If you are a consumer (not a business), you have the right to cancel your subscription within 60 days of purchase without giving any reason, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
To exercise this right, contact us at support@smarthaccp.co.uk or use the cancellation option in your account settings. If you cancel within the 60-day period, we will refund all payments received using the same payment method within 60 days of being informed of your decision.
Exception: If you have actively used the Service during the cooling-off period (e.g., logged compliance data), you acknowledge that you lose the right to cancel once the Service has been fully performed with your consent, and you will be charged for the proportion of the Service used.
5.4 Renewals
Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. We will send a reminder email at least 7 days before annual renewals.
5.5 Cancellation
You may cancel your subscription at any time through your account settings or by contacting support@smarthaccp.co.uk. Cancellation takes effect at the end of the current billing period. You will retain access until that date. No partial refunds are provided for unused periods except as required by law or under Section 5.3.
5.6 Price changes
We may change subscription prices with at least 30 days' written notice. Price changes take effect at the start of your next billing cycle. If you do not agree to the new price, you may cancel before the change takes effect.
5.7 Failed payments
If a payment fails, we will retry up to 3 times over 60 days. If payment cannot be collected, your subscription will be suspended. Your data will be retained for 30 days to allow you to update payment details or export your data.
6. Your Data
6.1 Ownership
You retain full ownership of all data you create, upload, or store on the platform ("Your Data"). We do not claim any ownership rights over Your Data.
6.2 Licence to process
By using the Service, you grant us a limited, non-exclusive, revocable licence to host, store, and process Your Data solely for the purpose of providing and maintaining the Service.
6.3 Data processor obligations
For personal data contained in Your Data (e.g., staff records, customer allergen information), we act as a data processor under UK GDPR. We will:
- Process data only on your documented instructions.
- Implement appropriate technical and organisational security measures.
- Not engage sub-processors without your prior authorisation.
- Assist you in responding to data subject rights requests.
- Delete or return all personal data upon termination, at your choice.
6.4 Data export
You may export Your Data at any time through the platform's export features in standard formats (CSV, PDF, JSON). Upon account closure or subscription expiry, we will retain Your Data for 30 days to allow export, after which it will be permanently deleted, except where longer retention is required by law (see our Privacy Policy).
7. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of food safety regulations.
- Attempt to gain unauthorised access to the Service or its related systems.
- Interfere with, disrupt, or overload the Service.
- Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our written consent.
- Upload malicious code, viruses, or attempt to compromise the security of the platform.
- Use the Service to store or transmit material that is defamatory, obscene, or infringes third-party rights.
- Reverse engineer, decompile, or disassemble any part of the Service.
- Use automated tools to access the Service except through our published APIs (where available).
We reserve the right to suspend or restrict access where we reasonably believe the Service is being misused.
8. Intellectual Property
The SmartHaccp platform, including its design, code, features, documentation, logos, and branding, is the intellectual property of SmartHaccp Ltd. Nothing in these Terms grants you any right, title, or interest in our intellectual property except the limited right to use the Service as permitted under these Terms.
All feedback, suggestions, or ideas you provide about the Service may be used by us without obligation to you.
9. Limitation of Liability
9.1 Service provided "as is"
The Service is provided on an "as is" and "as available" basis. While we strive for high availability and accuracy, we do not warrant that the Service will be uninterrupted, error-free, or completely secure.
9.2 Exclusions
To the maximum extent permitted by law, we shall not be liable for:
- Indirect, incidental, special, consequential, or punitive damages.
- Loss of profits, revenue, business, or anticipated savings.
- Loss of data, except where caused by our breach of data protection obligations.
- Any damage arising from events beyond our reasonable control (see Section 13).
9.3 Liability cap
Our total aggregate liability arising out of or in connection with the Service shall not exceed the subscription fees paid by you in the 12 months immediately preceding the event giving rise to the claim.
9.4 Non-excludable liability
Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
9.5 Important disclaimer
SmartHaccp is a management tool designed to assist with food safety compliance. It does not replace professional food safety advice, regulatory compliance obligations, or legal requirements. You remain solely responsible for ensuring your business complies with all applicable food safety laws and regulations, including but not limited to the Food Safety Act 1990, Food Hygiene (England) Regulations 2006, and retained EU food hygiene regulations.
10. Suspension and Termination
10.1 By you
You may terminate your account at any time by contacting support@smarthaccp.co.uk or through your account settings. Termination does not entitle you to a refund for the remaining billing period unless covered by Section 5.3.
10.2 By us
We may suspend or terminate your access with written notice if:
- You breach these Terms and fail to remedy the breach within 60 days of notice.
- You fail to pay subscription fees after 60 days of a failed payment notice.
- We are required to do so by law or regulatory authority.
- We reasonably believe your use poses a security risk to the Service or other users.
10.3 Effect of termination
Upon termination, your right to use the Service ceases. Sections 6 (Your Data), 8 (Intellectual Property), 9 (Limitation of Liability), 12 (Governing Law), and this Section 10.3 survive termination.
11. Changes to the Service and Terms
11.1 Service changes
We continuously improve the Service and may add, modify, or discontinue features. We will provide reasonable notice of material changes that adversely affect your use.
11.2 Terms changes
We may update these Terms to reflect changes in law, our Service, or our business practices. We will notify you of material changes by email at least 30 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance. If you do not agree, you may cancel your subscription before the changes take effect.
12. Governing Law and Jurisdiction
These Terms are governed by the laws of England and Wales. Any disputes arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
If you are a consumer and reside in Scotland, you may bring proceedings in Scotland. If you are a consumer and reside in Northern Ireland, you may bring proceedings in Northern Ireland.
13. Force Majeure
Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from circumstances beyond reasonable control, including but not limited to natural disasters, acts of government, internet service provider failures, cyberattacks, pandemics, or other events of force majeure.
14. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court, the remaining provisions shall continue in full force and effect.
15. Third-Party Rights
Except as expressly provided, these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 for any person who is not a party to them.
16. Online Dispute Resolution
The European Commission provides an online dispute resolution platform for consumers. If you wish to use it, you can access it at https://ec.europa.eu/consumers/odr. We are not obliged to participate in alternative dispute resolution but will consider reasonable requests.
17. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and SmartHaccp Ltd regarding the Service and supersede all prior agreements, understandings, or representations.
18. Contact
For questions about these Terms:
Email: legal@smarthaccp.co.uk
Post: SmartHaccp Ltd, Innovation House, Manchester, M1 1AB