TERMS OF SERVICE

FoodVerix

Effective date: to be inserted upon commercial launch

These Terms of Service (the “Terms”) govern your access to and use of the FoodVerix platform and related services. FoodVerix is operated by RMP Services LLC, a Florida limited liability company, doing business as FoodVerix (“FoodVerix,” “we,” “us,” or “our”). By creating an account, starting a trial, or using the Services, you agree to these Terms.

These Terms form a binding agreement between FoodVerix and the business entity on whose behalf you act (the “Customer,” “you,” or “your”). The Services are intended for business use only and are not offered to consumers.

1. Definitions

1.1 “Services” means the FoodVerix cloud-based food safety compliance documentation platform, including features for HACCP plans, monitoring logs, training records, corrective actions, and audit evidence, and any related websites, applications, and support.

1.2 “Customer Content” means the records, documents, data, and other materials that you or your authorized users submit to or create within the Services.

1.3 “Authorized Users” means the individuals you permit to access the Services under your account, such as your food safety managers, Preventive Controls Qualified Individuals, and other personnel.

1.4 “Subscription” means your paid plan for access to the Services, as described on our pricing page and selected at checkout.

2. The Services and Accounts

2.1 The Services provide software to help you document and organize food safety compliance information. You are responsible for maintaining the accuracy and completeness of your Customer Content and for your own food safety practices and regulatory compliance.

2.2 To use the Services, you must register an account and provide accurate information. You are responsible for your account, for maintaining the confidentiality of your credentials, for configuring available security features, and for all activity that occurs under your account and Authorized Users.

2.3 You represent that you are at least 18 years old, that you have authority to enter into these Terms on behalf of the Customer, and that your use of the Services complies with applicable laws.

3. Free Trial

3.1 We may offer a free trial of the Services for a limited period, currently fourteen (14) days. The free trial does not require a payment card and does not automatically convert into a paid Subscription or charge you when it ends.

3.2 To continue using the Services after the trial, you must choose a plan and complete checkout. If you do not, your access to the Services and your Customer Content may be suspended or terminated after the trial ends, subject to the data handling terms in Section 11.

4. Subscriptions, Fees, and Payment

4.1 The plans, features, plan limits, and prices for the Services are described on our current pricing page, which is made available through the Services. Plans are offered on a monthly or annual basis as selected at checkout. Plan limits, such as the number of facilities and Authorized Users included in a plan, are as stated on the pricing page.

4.2 Implementation, integrations, and similar professional services are scoped and priced separately from the Subscription and are not included in the standard plan fees unless expressly agreed in writing.

4.3 Payment is processed by our third-party payment processor through its hosted checkout, under its own terms and privacy notices. FoodVerix does not collect or store complete payment card numbers or card security codes. You authorize us and our payment processor to charge the fees for the plan you select. You agree to keep your billing information current.

4.4 We may change our prices, plans, features, and plan limits from time to time. Changes to recurring fees will apply to your next billing cycle, and where required by law we will give you advance notice. Your continued use of the Services after a change takes effect means you accept the change.

4.5 Except where required by law, fees are non-refundable, and we do not provide refunds or credits for partial billing periods, unused time, or partial features. If you cancel, your access continues through the end of the period you have already paid for.

5. Renewal and Cancellation

5.1 Paid Subscriptions renew automatically at the end of each billing period, monthly or annually depending on the plan you selected, at the then-current fees, unless you cancel before the renewal date.

5.2 You may cancel your Subscription at any time through your account or by contacting us. Cancellation takes effect at the end of the current billing period. After cancellation, the data handling terms in Section 11 apply.

6. Acceptable Use

You agree not to, and not to permit any Authorized User or third party to:

• Use the Services in violation of any applicable law or regulation.

• Upload or transmit malicious code, or interfere with or disrupt the integrity or performance of the Services.

• Attempt to gain unauthorized access to the Services or their related systems or networks.

• Reverse engineer, copy, or create derivative works of the Services, except to the extent this restriction is prohibited by law.

• Resell, sublicense, or make the Services available to third parties outside your organization, except as expressly permitted.

7. Prohibited and Sensitive Data

7.1 The Services are intended for food safety compliance documentation. You are responsible for the Customer Content you submit and for having the right to submit it.

7.2 You may record limited information reasonably necessary to investigate a food safety complaint or incident, but you agree not to upload medical records, diagnoses, treatment information, insurance information, or other protected health information, and you will minimize or de-identify personal information wherever reasonably possible. You also agree not to submit biometric or genetic data, precise geolocation, or government identification numbers, and not to submit any personal data relating to minors. FoodVerix is not currently offered as a HIPAA-compliant service, and you may not submit protected health information unless FoodVerix separately authorizes it in writing and any required Business Associate Agreement is executed. Submitting prohibited data is a prohibited use of the Services.

7.3 You also agree not to enter payment card numbers, bank account numbers, or other financial account details into free-text fields, uploaded files, or other parts of the Services that are not the designated secure checkout. Payment information must be provided only through the payment processor’s hosted checkout.

7.4 You are solely responsible for any prohibited data you submit in breach of this section. You will defend and indemnify FoodVerix against any claims, damages, and reasonable costs arising from your submission of such data, and FoodVerix has no liability arising from it. This allocation of responsibility applies regardless of any privacy or data protection regime that such data might otherwise implicate.

8. Food Safety Disclaimer

8.1 The Services provide software to document and organize food safety compliance information. FoodVerix does not provide food safety, regulatory, legal, or professional advice, does not perform inspections, and does not assume responsibility for your food safety program or its outcomes.

8.2 You are solely responsible for your compliance with all applicable food safety laws, regulations, and standards, including any requirements of the U.S. Food and Drug Administration, the U.S. Department of Agriculture, and state or local authorities, and for the content, accuracy, completeness, and regulatory sufficiency of your records. Your use of the Services does not guarantee compliance with, or a particular outcome under, any food safety law, standard, audit, or inspection.

8.3 The loss, corruption, or unavailability of any record within the Services is ordinarily handled as a service-availability matter under the service availability and limitation of liability terms of these Terms, and does not by itself constitute a personal data breach. If such an event also constitutes a Personal Data Breach under the Data Processing Agreement or applicable law, the Data Processing Agreement controls with respect to that breach.

9. Service Availability

9.1 The Services are provided on an “as is” and “as available” basis. We do not commit to any specific uptime or service level at this time. We may modify, suspend, or discontinue any part of the Services, and may perform maintenance that temporarily affects availability.

9.2 You are responsible for maintaining your own copies of records you consider critical. We are not liable for any loss of Customer Content except to the extent caused by our failure to meet our obligations under these Terms or the Data Processing Agreement.

10. Intellectual Property and Data Rights

10.1 As between the parties, FoodVerix and its licensors own all rights in the Services, including all software, technology, and content we provide, excluding Customer Content. We grant you a limited, non-exclusive, non-transferable right to access and use the Services during your Subscription, subject to these Terms.

10.2 As between the parties, you own your Customer Content. You grant us a limited license to host, process, and use Customer Content solely to provide, maintain, secure, and support the Services, and as further described in our Privacy Policy and Data Processing Agreement.

10.3 We may use aggregated and anonymized information derived from the Services for security, reliability, analytics, and product improvement, provided that: (a) no individual, customer, or facility can reasonably be identified; (b) the information is not sold; (c) we do not attempt to re-identify it; (d) no customer is named in a benchmark or publication without permission; and (e) Customer Content and confidential content are not used to train public or general-purpose artificial intelligence models.

11. Term, Termination, and Data Handling

11.1 These Terms apply while you use the Services. Either party may terminate as permitted here. We may suspend or terminate your access if you materially breach these Terms, if required by law, or to protect the Services or other users.

11.2 Following cancellation or termination, we will make Customer Content available for export or delete it in accordance with the Data Processing Agreement. Customer Content is removed from active systems promptly, and remaining backup copies expire within our rolling thirty (30) day backup cycle, subject to any information we are legally required to retain.

12. Warranty Disclaimer

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR SECURE, OR THAT THEY WILL MEET YOUR REQUIREMENTS OR ENSURE COMPLIANCE WITH ANY LAW OR STANDARD.

13. Limitation of Liability

13.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.

13.2 EXCEPT FOR THE EXCLUDED CLAIMS IN SECTION 13.3, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND THE DATA PROCESSING AGREEMENT, IN THE AGGREGATE AND NOT SEPARATELY, WILL NOT EXCEED THE TOTAL FEES YOU PAID OR OWED FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY.

13.3 The following are “Excluded Claims”: (a) your payment obligations; (b) your indemnification obligations under these Terms; and (c) either party’s liability for a personal data breach or breach of its confidentiality or data protection obligations. For the Excluded Claims in clause (c), each party’s total aggregate liability will not exceed two (2) times the total fees you paid or owed for the Services in the twelve (12) months before the event giving rise to the liability. In no event is either party’s liability under these Terms and the Data Processing Agreement uncapped.

13.4 These limitations apply regardless of the theory of liability and even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

14. Indemnification

14.1 You will defend and indemnify FoodVerix against third-party claims, and resulting damages and reasonable costs finally awarded or agreed in settlement, to the extent arising from your Customer Content, your use of the Services in violation of these Terms or applicable law, or your submission of prohibited data under Section 7.

15. Governing Law and Disputes

15.1 These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in the State of Florida for any dispute arising out of or related to these Terms or the Services.

15.2 To the maximum extent permitted by law, each party waives any right to participate in a class, collective, or representative action, and disputes must be brought on an individual basis only.

16. General

16.1 We may update these Terms from time to time. If we make material changes, we will update the effective date and, where appropriate, provide additional notice. Your continued use of the Services after an update means you accept the revised Terms.

16.2 Where we process personal data on your behalf in providing the Services, that processing is governed by our Data Processing Agreement, which is incorporated into and forms part of these Terms. In the event of a conflict between the Data Processing Agreement and these Terms regarding the processing of personal data, the Data Processing Agreement controls. Our handling of personal data for which we determine the purposes and means is described in our Privacy Policy.

16.3 These Terms, together with our Privacy Policy and, where applicable, our Data Processing Agreement, are the entire agreement between the parties regarding the Services and supersede any prior agreements on that subject. If any provision is held unenforceable, the remaining provisions remain in effect. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Our failure to enforce a provision is not a waiver.

16.4 Questions about these Terms may be directed to us at info@foodverix.com.