Terms & Conditions
Current as of August 2nd 2023
Welcome to Foodlabelmaker.com! These Terms of Service govern your use of the Foodlabelmaker.com Services. By accessing, using, or registering for our services, you agree to be bound by these Terms. Please carefully read and understand the following provisions before proceeding. If you do not agree with these Terms, please do not use the Foodlabelmaker.com Services.
Your use of the Foodlabelmaker.com Services is subject to your acceptance of these Terms without modification. By using the Foodlabelmaker.com Services, you enter into a legally binding contract between yourself and Foodlabelmaker.com. If you are using the Foodlabelmaker.com Services on behalf of an entity, such as your employer or the company you work for, you represent and warrant that you have the legal authority to bind that entity. In such cases, the terms “you,” “your,” “customer,” or related capitalized terms herein will refer to that entity.
If you use your employer’s or an entity’s email address to register for the Foodlabelmaker.com Services, you are deemed an authorized representative and/or agent of your employer or the applicable entity.
If you register for a Free Trial of the Platform, the relevant provisions of the Terms will govern that Free Trial.
Please carefully review these Terms. By registering for, accessing, browsing, or using the Foodlabelmaker.com Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree with these Terms, refrain from accessing, browsing, or using the Foodlabelmaker.com Services.
- “Foodlabelmaker.com” refers to our company, its subsidiaries, affiliates, and any entity that controls, is controlled by, or is under common control with Foodlabelmaker.com.
- “Foodlabelmaker.com Services” means the Web Site, Content, Materials, Platform and all other content, services and/or products, and Features, available on or through the Platform
- “Client” or “User” refers to any individual or entity that accesses, registers, or uses the Foodlabelmaker.com Services, whether as an individual or on behalf of an entity.
- “Client Data” means data and documents of any kind (images, spreadsheets, text files, etc.) and any other digital data and information, which is subject to the Platform, or otherwise inserted into the Platform by the Client and for which Foodlabelmaker.com is a “processor” (as defined in the Privacy Notice). Client Data shall not contain Sensitive Information.
- “Account” means the primary means for accessing and using the Foodlabelmaker.com Services, subject to payment of a Fee designated in the selected Plan.
- “Credentials” means all usernames, passwords, and other access credentials created by or assigned to Client and each of its designated Users for use of the Foodlabelmaker.com Services.
- “Free Trial” refers to a limited-time trial period during which a Client may use the Foodlabelmaker.com Services at no cost, subject to the specific terms and conditions governing the Free Trial.
- “Feature” refers to a function or a set of functions that offers a specific capability within the Foodlabelmaker.com Services. These capabilities are determined by Foodlabelmaker.com and are further governed by any applicable Supplemental Terms.
- “Fee” denotes the regular payment required for using the Foodlabelmaker.com Services through an activated Account.
- “Plan” refers to the different criteria related to the use, functionality, and cost of a specific Foodlabelmaker.com Service, upon which the Fee is determined.
- “Plan Term” means the duration of the Client’s usage of the Foodlabelmaker.com Services, starting from the date of payment of the corresponding Fee for the associated Plan and ending on the date when the Plan expires.
- “Renewal Date” refers to the date on which the Client’s Plan will automatically renew on either an annual or monthly basis, depending on the duration of the Client’s Plan.
- “Feedback” encompasses any comments, bug reports, feedback, suggestions, or modifications for the Foodlabelmaker.com Services provided by a Client or a User to Foodlabelmaker.com.
- “Master Terms” refers to the primary terms and conditions that apply to all Clients’ use of the Foodlabelmaker.com Services.
- “Supplemental Terms” refers to additional terms and conditions that may apply to specific features, functionalities, or services provided by Foodlabelmaker.com.
- “Data Processing Addendum (DPA)” refers to a separate agreement that governs the processing of personal data when using the Foodlabelmaker.com Services, as required by applicable data protection laws and regulations.
- “Privacy Notice” refers to the policy, as set forth at https://foodlabelmaker.com/privacy-policy/ that outlines how Foodlabelmaker.com collects, uses, stores, and protects Clients’ personal information.
- “Terms” or “Terms & Conditions” refer collectively to these Terms of Service, including the Master Terms, Supplemental Terms, Data Processing Addendum (DPA), and Privacy Notice.
- “Content” refers to any text, images, graphics, videos, or other materials uploaded, posted, displayed, or transmitted by Clients through the Foodlabelmaker.com Services.
- “Intellectual Property” refers to all patents, trademarks, copyrights, trade secrets, and other intellectual property rights associated with the Foodlabelmaker.com Services and any related materials.
- “Authorized Representative” refers to an individual who has the legal authority to act on behalf of an entity, such as an employer or company, and bind the entity to these Terms.
- “Effective Date” refers to the date on which these Terms & Conditions become legally binding between Foodlabelmaker.com and the Client.
- Please note that these definitions are provided for clarity and convenience, and any dispute or ambiguity regarding the interpretation of terms shall be resolved based on the language and intent of the entire Terms & Conditions document.
Foodlabelmaker.com reserves the right, at its sole discretion, to change, modify, add, or remove any parts of the Terms from time to time. Notice of such modifications may be provided on or through the Platform or the Foodlabelmaker.com Services. The Client’s continued use of the Foodlabelmaker.com Services will indicate its acceptance of these Terms and any modifications made to them.
Foodlabelmaker.com is a software as a service website that enables you to create food labels based on an ingredient database. We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our website. Data contained on or made available through our website is not intended to be, and does not constitute, medical or health advice. Foodlabelmaker.com shall not be liable for any claims, liabilities, losses, damages, costs, or expenses relating to or arising out of or in connection with these Terms and Conditions or the Software.
The CLIENT agrees and acknowledges that the CLIENT is solely responsible for the accuracy of the information and data provided, which includes and is not limited to the CLIENT’s ingredients, recipes, yields, measurement weights, nutritional information of ingredients, allergens etc. used in the CLIENT’s standardized recipes/formula and any other necessary information inputted into Food Label Maker software
The CLIENT understands the Nutritional Analysis, and Nutrition Facts Label provided through our website for the CLIENT’s product/recipe is based on an estimated nutritional database analysis using a USDA-approved ingredient database, with standard/generic ingredients or brand-specific ingredients that are found within the nutritional database.
The CLIENT agrees and understands that since various nutritional values may differ based on the exact ingredients used by the CLIENT, that Foodlabelmaker.com is not responsible for any damage, loss, fees or penalties that may be caused by these variances in the nutritional analysis and nutritional values.
The Nutrition and Health Claims provided by Foodlabelmaker.com as well as any allergens provided for the CLIENT’s product/recipe is based on the accuracy of the information provided by the CLIENT. The CLIENT agrees and understands that since various nutritional values may differ based on the exact ingredients used by the CLIENT, Foodlabelmaker.com is not responsible for any damage, loss, fees or penalties that may be caused by these variances’ nutrition and health claims.
Foodlabelmaker.com accepts no responsibility for any database errors, omissions or inaccuracies and accept no responsibility if the Client relies on such information. It is the responsibility of the Client to verify the accuracy of all information provided by the software.
The CLIENT shall be solely responsible for, among other things: (a) making all decisions and performing all actions; (B) Evaluating the accuracy and results of the software; (C) accepting responsibility for the decisions of the Software; And (d) establishing and maintain internal controls, including monitoring of current operations and any changes (c) using the data generated by the food label maker in accordance with local and national regulatory legislation.
If a product is not yet listed in the databases used by Foodlabelmaker.com you may manually input the nutrition information for a specific ingredient. If this entered information is vetted and deemed appropriate by our nutritionist, we reserve the right to add this information to our database, which is accessible to all users of the Website. By entering this information, the CLIENT understands and agrees that this data may later become available to other users of the Software.
Foodlabelmaker.com shall offer reasonable technical support to the Client and its Users through the following options, as described below, and respond promptly as reasonably possible:
- Foodlabelmaker.com Community & Knowledge Base – Accessible to all Users.
- Chat Support – Available to all Users through their Foodlabelmaker.com Account.
- Phone Support – Users on specific Plans can request a call back from support via their Foodlabelmaker.com Account.
If you encounter login issues or do not have a Foodlabelmaker.com Account, you can contact us at [email protected].
However, for any Foodlabelmaker.com Services purchased through a Reseller, the primary technical support will be provided by the Reseller and not directly by Foodlabelmaker.com.
Avoid any unlawful, unauthorized, or fraudulent use of the Foodlabelmaker.com Services. Comply with all applicable laws, regulations, and third-party rights.
Do not attempt to gain unauthorized access to the Foodlabelmaker.com Services, user accounts, computer systems, or networks, or interfere with security features or authentication measures.
Refrain from reverse engineering, decompiling, disassembling, or attempting to derive the source code of any part of the Foodlabelmaker.com Services or related software.
Do not modify, adapt, translate, or create derivative works based on the Foodlabelmaker.com Services, content, or any part thereof without prior written permission.
Do not resell, sublicense, lease, lend, or commercially exploit the Foodlabelmaker.com Services or use them to provide services to third parties without express written consent.
Avoid uploading, posting, transmitting, or distributing harmful, offensive, infringing, defamatory, or rights-violating content.
Do not share your Foodlabelmaker.com account login credentials. Each account is for individual use only.
Ensure all content, including labels and information generated through the Foodlabelmaker.com Services, complies with applicable food labeling regulations and does not mislead consumers.
Comply with all applicable data protection and privacy laws when processing personal data through the Foodlabelmaker.com Services.
Do not use the Foodlabelmaker.com Services in a way that disrupts, interferes with, or harms the integrity, performance, or availability of the platform for other users.
Do not attempt to bypass any security measures or access controls implemented by Foodlabelmaker.com.
Failure to comply with these restrictions may result in the termination of your access to the Foodlabelmaker.com Services, and you may be subject to legal action or other consequences as per applicable laws and regulations.
Foodlabelmaker.com will: (a) Make the Foodlabelmaker.com Services, Content, and Client Data available to the Client in accordance with these Terms. (b) Provide support for the Foodlabelmaker.com Services as outlined in the above sections without any additional charge to the Client. (c) Use commercially reasonable efforts to ensure that the Foodlabelmaker.com Services are available 24 hours a day, 7 days a week, with exceptions for: (i) planned downtime (for which Foodlabelmaker.com shall provide advance electronic notice), and (ii) any unavailability caused by circumstances beyond Foodlabelmaker.com’s reasonable control, including, but not limited to, acts of God, government actions, floods, fires, earthquakes, civil unrest, acts of terror, pandemics, strikes, labor problems, Internet service provider failure, delay, or denial of service attacks. Foodlabelmaker.com may engage Sub-processors to perform the Foodlabelmaker.com Services. It will make commercially reasonable efforts to ensure that data transfers to Sub-processors comply with requirements applicable to the Client’s processing of Client Data and will provide information on such data transfers in these Terms for the Client’s consideration. For additional details regarding transfers with Sub-processors, please refer to Foodlabelmaker.com’s Privacy Notice and current list of Sub-processors.
Foodlabelmaker.com will maintain administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of Client Data. These safeguards will include measures to prevent unauthorized access, use, modification, or disclosure of Client Data. Additionally, Foodlabelmaker.com shall access, use, modify, or disclose Client Data only: (a) To provide the Foodlabelmaker.com Services and address service or technical issues. (b) As compelled by law. (c) With the express written permission of the Client or User.
The use of the FoodLabelmaker.com services, which is not via a Free Trial, is subject to a Fee. Upon sign-up of an Account, Client must select a Plan. Different rates apply to different Plans. The applicable Fee is charged in advance on a monthly, or annual basis. Foodlabelmaker.com reserves the right to modify the Fees for any Plan, in its reasonable discretion, at any time after the commencement of the Plan Term, upon at least one month’s prior notice to Client, provided that any such modification will not take effect until the start of any Plan immediately following the Plan Term in which Foodlabelmaker.com provided Client with notice of the modification.
Client authorizes FoodLabelmaker.com to automatically charge Client the applicable Fees on or after the Renewal Date unless the Plan has been terminated or canceled in accordance with these Terms. Clients may cancel their Plan anytime as outlined below, however must do so prior to the Renewal Date in order to avoid billing of the next Plan Term’s Fees. If Client chooses to cancel its Plan during the Plan Term, Client may use the Service until the end of Client’s then-current Plan Term, but will not be issued a refund for the most recently (or any previously) charged Fees.
All Fees are non-refundable. For purposes of clarity, there are no refunds or credits for periods where the Client did not use an activated Account, used it only partially, deactivated the Account or terminated these Terms during an ongoing payment interval, or where an Account is terminated or suspended by FoodLabelmaker.com in accordance with our Terminal policy.
Clients have the right to cancel their subscription to our SaaS product at any time. To cancel, clients must follow the cancellation process outlined in their account settings or contact our customer support team via email or phone. Upon cancellation, clients will have access to the service until the end of the current billing cycle. No refunds or prorated credits will be provided for any unused portion of the subscription.
We do not provide refunds for any partial months of service usage. The cancellation will be effective from the next billing cycle following the client’s cancellation request.
We reserve the right to suspend or cancel a client’s subscription without notice in the event of a violation of our terms and conditions or any other abusive or inappropriate behavior on the platform.
After the cancellation of a client’s subscription, they may lose access to certain features, data, or content associated with their account. Clients are responsible for exporting or retrieving any data they wish to keep before the cancellation takes effect.
In case of any disputes or chargebacks initiated by clients with their payment providers, we reserve the right to suspend the client’s account until the issue is resolved. Clients are responsible for any chargeback fees incurred by us.
We reserve the right to modify or update our cancellation policy at any time. Clients will be notified of any changes through email or via an announcement on our website. By continuing to use the service after the policy update, clients agree to be bound by the revised cancellation terms.
Foodlabelmaker’s Privacy Notice is available at https://foodlabelmaker.com/privacy-policy/
All intellectual property rights related to the Foodlabelmaker.com platform, including but not limited to software code, designs, trademarks, logos, and content, are and will remain the sole property of Foodlabelmaker.com or its licensors. Clients are granted a limited, non-exclusive, non-transferable right to access and use the Foodlabelmaker.com platform solely for their internal business purposes during the term of their subscription.
Clients retain all ownership rights to any data, information, or content they upload or input into the Foodlabelmaker.com platform (“Client Data”). Foodlabelmaker.com does not claim ownership of the Client Data. By using the Foodlabelmaker.com platform, clients grant Foodlabelmaker.com a worldwide, royalty-free license to use, host, store, reproduce, modify, and display the Client Data as necessary to provide the services under this agreement.
Foodlabelmaker.com shall take all reasonable measures to protect the confidentiality and security of the Client Data. Foodlabelmaker.com will not disclose, sell, or distribute Client Data to any third parties, except as required by law or to provide the services.
Clients agree not to reproduce, modify, distribute, or create derivative works of the Foodlabelmaker.com platform or any part thereof. Clients shall not reverse engineer, decompile, or attempt to extract the source code of the platform or any related software. Any unauthorized use or infringement of Foodlabelmaker.com’s intellectual property rights may result in termination of the client’s access to the platform and may be subject to legal action.
Clients may provide feedback, suggestions, or ideas related to the Foodlabelmaker.com platform. Any such feedback or suggestions provided by clients shall become the sole property of Foodlabelmaker.com, and clients hereby assign all rights, titles, and interests in and to such feedback or suggestions to Foodlabelmaker.com.
Foodlabelmaker.com respects the intellectual property rights of third parties. If clients believe that any content or materials on the platform infringe their intellectual property rights, they must notify Foodlabelmaker.com promptly. Foodlabelmaker.com may take appropriate actions, including the removal of infringing content or termination of user accounts, as deemed necessary.
Clients agree to indemnify and hold harmless Foodlabelmaker.com, its affiliates, directors, officers, and employees from and against any claims, damages, losses, liabilities, costs, and expenses arising out of or related to any infringement or misuse of intellectual property rights by clients or their authorized users.
Upon termination of the client’s subscription or this agreement, the client’s right to access and use the Foodlabelmaker.com platform and any related intellectual property rights shall cease.
Unless otherwise expressly stated by Foodlabelmaker.com, the Foodlabelmaker.com Services, Foodlabelmaker.com Material, Platform, and any content or features made available in conjunction with or through the Foodlabelmaker.com Services are provided “as is” and “as available” without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Foodlabelmaker.com and its affiliates disclaim all warranties, statutory, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement of proprietary rights, correctness, accuracy, and reliability.
Unless otherwise expressly stated by Foodlabelmaker.com, Foodlabelmaker.com and its affiliates do not warrant that the Foodlabelmaker.com Services and any content or features made available in conjunction with or through the Foodlabelmaker.com Services will be uninterrupted or error-free, that defects will be corrected, or that the Foodlabelmaker.com Services and any content or features made available in conjunction with or through the Foodlabelmaker.com Services or the platform that makes them available are free of viruses or other harmful components.
Unless otherwise expressly stated by Foodlabelmaker.com, Foodlabelmaker.com and its affiliates do not warrant or make any representations regarding the use or the results of the use of the platform, the Foodlabelmaker.com Services, Foodlabelmaker.com materials, or any websites, in terms of correctness, accuracy, reliability, or otherwise.
If the laws of certain countries and states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, some or all of the above disclaimers, exclusions, or limitations set forth in this section may not apply to Foodlabelmaker.com, and the Client may have additional rights as set forth in law.
Client agrees to defend, indemnify, and hold harmless Foodlabelmaker.com and its Affiliates, as well as their respective directors, officers, employees, and agents, from any claims, losses, damages, liabilities (including attorneys’ fees), arising out of the Client’s use or misuse of the Foodlabelmaker.com Services, Foodlabelmaker.com Materials, representations made to Foodlabelmaker.com, its Affiliates, and/or third parties, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Foodlabelmaker.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which the Client is required to indemnify Foodlabelmaker.com, and the Client agrees to cooperate with such defense of these claims.
These Terms and the Client’s access to Foodlabelmaker.com Services may be terminated for convenience in the following situations:
- By the Client at any time by clicking the cancellation link on the website.
- By Foodlabelmaker.com upon deciding to end the provision of any portion of the Foodlabelmaker.com Services, any Feature, or closing any part of the platform.
- By Foodlabelmaker.com at any stage and for any reason, with a pro-rata refund of any unused Fees for the remainder of the Term.
- Immediately by either party if proceedings are initiated for the other party’s liquidation or insolvency, a negotiated settlement with the other party’s creditors is concluded, or an assignment is made on behalf of the other party for the benefit of creditors.
These Terms and the Client’s access to Foodlabelmaker.com Services may be terminated for default upon written notice to the other party as indicated in these Terms:
- By either party in case of breach of these Terms by the other party, if the breach remains uncured within 30 days of receipt of a notice from the non-breaching party.
- Immediately by either party if the other party breaches its obligations under Sections “Restrictions,” “Client Data/Sensitive Information,” “Intellectual Property Rights,” or “Indemnification.”
- By Foodlabelmaker.com with immediate effect if: (i) Client’s use of the Foodlabelmaker.com Services is suspected of illegal activity, (ii) there are requests from law enforcement, judicial orders, or government agencies for termination, or (iii) if Client’s use of the Services endangers the property of others, the website, or the platform.
Upon termination of these Terms and the Client’s access to Foodlabelmaker.com Services for any reason:
- Foodlabelmaker.com shall deactivate and permanently delete the Account and all Client Data within 6 months of the effective date of termination. If the Client requests an earlier deletion, Foodlabelmaker.com will fulfill the request within 1 month of its receipt.
- The Client must stop using and prevent further usage of the Foodlabelmaker.com Services, pay any amounts owed to Foodlabelmaker.com under these Terms, and discharge any liabilities incurred prior to termination.
- No refund of prepaid Fees shall be provided, except as otherwise set forth herein.
Foodlabelmaker.com has the right to suspend access to all or any part of the Foodlabelmaker.com Services or an Account, including removing content, at any time and for any period, for reasons such as violation or suspected violation of these Terms, legal obligations, or excessive bandwidth usage. Suspension may be effective immediately, with or without notice, but Foodlabelmaker.com typically provides notice through banners or emails before such suspension. Foodlabelmaker.com will tailor any suspension to preserve the integrity, operability, and security of the Foodlabelmaker.com Services. In case of suspension, Foodlabelmaker.com will determine any credit or refund of prepaid Fees at its sole discretion and in good faith, subject to any legal constraints or imminent harm prevention.
The parties shall act solely as independent contractors. These Terms shall not be construed as creating an agency, partnership, joint venture, fiduciary duty, or any other form of legal association between the Client and Foodlabelmaker.com. The Client shall not represent to the contrary, whether expressly, by implication, appearance, or otherwise. These Terms are not for the benefit of any third parties.
If any term, condition, or provision of these Terms is held to be invalid, unenforceable, or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible to effect the intent of the parties. The validity and enforceability of the remaining terms, conditions, or provisions, or portions of them, shall not be affected.
These Terms constitute the entire agreement between the Client and Foodlabelmaker.com regarding the Client’s use of the Foodlabelmaker.com Services, Foodlabelmaker.com Materials, and the Platform, and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter. Except as otherwise provided herein, no modification, amendment, or waiver of any provision of these Terms will be effective unless in writing and signed by the party against whom the modification, amendment, or waiver is to be asserted.
The Client may not, directly or indirectly, in whole or in part, by operation of law or otherwise, assign or transfer these Terms or delegate any of its rights and/or obligations under these Terms without Foodlabelmaker.com’s prior written consent. Any attempted assignment, transfer, or delegation without such prior written consent will be void and unenforceable. Notwithstanding the foregoing, the Client, or its permitted successive assignees or transferees, may assign or transfer these Terms or delegate any rights or obligations hereunder without consent: (1) to any entity controlled by, or under common control with the Client, or its permitted successive assignees or transferees; or (2) in connection with a merger, reorganization, transfer, sale of assets or product lines, or change of control or ownership of the Client, or its permitted successive assignees or transferees. Foodlabelmaker.com may freely assign or transfer these Terms or delegate any of its rights and/or obligations under these Terms without restriction.
Failure of either party to exercise or enforce any provision of or any of its rights under these Terms shall not be deemed a waiver of future enforcement of that or any other provision or right.
Except as otherwise specified in the Terms, all notices related to the Terms will be in writing and will be effective upon: (a) personal delivery, (b) the second business day after mailing, or (c) except for notices of termination or an indemnifiable claim, which shall clearly be identifiable as “Legal Notices,” the day of sending by email. Billing-related notices to the Client will be addressed to the relevant billing contact designated by the Client. All other notices to the Client will be addressed to the relevant Client system administrator designated by the Client.