End User License Agreement

Last Updated: 2024-08-28

PLEASE READ THIS END USER LICENCE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE FORKTO.COM WEBSITE, MOBILE APPLICATIONS, OR SERVICES. BY ACCESSING OR USING THE FORKTO.COM WEBSITE, IOS AND ANDROID APPLICATIONS (“APPS”), OR ANY ASSOCIATED SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THE SERVICES.

1. Licence Grant

Forkto (“Company”) grants you a limited, non-exclusive, non-transferable, revocable licence to download, install, and use the Forkto iOS and Android applications (“Apps”) and to access and use the Forkto.com website and associated services (“Services”) solely for your personal or internal business purposes, subject to the terms and conditions set forth in this Agreement.

2. Scope of Services

The Services provided by Forkto focus on food safety, compliance, and related regulatory processes. These Services are designed to assist you in managing food safety compliance but are not a substitute for professional advice or direct regulatory consultation. It is your responsibility to ensure that all food safety and compliance standards applicable to your business are met.

3. Restrictions on Use

You agree not to:

Use the Services in any manner that could damage, disable, overburden, or impair the functionality of the Services, or interfere with any other party’s use of the Services.
Use the Services to engage in any unlawful, fraudulent, or malicious activity, including but not limited to the falsification of compliance records.
Reverse engineer, decompile, disassemble, or attempt to derive the source code of any software associated with the Services, except as permitted by applicable law.
Modify, adapt, translate, or create derivative works based on the Services, except as expressly permitted by the Company.
Use the Services to collect, store, or transmit any personal data of any third party without their knowledge and consent, or otherwise in violation of any applicable data protection laws.
Use the Services in any way that violates any applicable local, national, or international law or regulation, including food safety and compliance regulations.

4. User Responsibilities

You are solely responsible for your use of the Services, including the accuracy and completeness of any data or information that you input, generate, collect, store, or transmit using the Services. You are also responsible for ensuring that your use of the Services complies with all applicable laws, regulations, and industry standards, including but not limited to food safety and compliance regulations.

5. No Warranty of Compliance

The Company provides the Services “as is” and makes no representations or warranties of any kind, express or implied, regarding the Services’ ability to ensure compliance with any legal, regulatory, or other requirements applicable to your use. The Company does not guarantee that the Services will be free from errors or that they will meet your specific compliance needs. It is your responsibility to ensure that your use of the Services is lawful and compliant with all relevant laws and regulations.

6. Limitation of Liability

To the maximum extent permitted by applicable law, the Company shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or related to your use or inability to use the Services, even if the Company has been advised of the possibility of such damages. This includes, but is not limited to, damages for loss of profits, loss of data, or other intangible losses.

7. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your use of the Services or your breach of this Agreement.

8. Termination

The Company reserves the right to terminate or suspend your access to the Services at any time, without notice, for conduct that the Company believes violates this Agreement, is harmful to other users of the Services, the Company, or third parties, or for any other reason in its sole discretion. Upon termination, you must cease all use of the Software and Services and destroy all copies in your possession.

9. Intellectual Property

The Software and all related materials are protected by copyright, trademark, and other intellectual property laws. Forkto, including all associated logos, is a registered trademark in the United Kingdom under UK Trademark No. UK00004015514. This includes trademarks related to:

Software relating to food safety, food hygiene, food allergens, and health and safety;
Compliance software, including food safety compliance software;
Reporting software;
Computer software and applications related to food safety compliance and/or management systems;
Computer software and applications related to health and safety compliance and/or management systems;
Electronic databases;
Downloadable electronic reports;
Software as a service (SaaS) offerings.

You acknowledge that all intellectual property rights in the Software and related materials are owned by Forkto or its licensors. You have no rights in or to the Software other than the right to use it in accordance with the terms of this EULA.

10. Updates and Maintenance

Forkto may, from time to time, provide updates, upgrades, or patches to the Software to improve functionality or address security issues (“Updates”). These Updates will be governed by the terms of this EULA unless they are accompanied by a separate licence agreement. Forkto is under no obligation to provide Updates or support for the Software.

11. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.

12. Entire Agreement

This Agreement constitutes the entire agreement between you and the Company regarding your use of the Services and supersedes any prior agreements between you and the Company. Any modifications or updates to this Agreement will be posted on the Forkto.com website or within the Apps, and your continued use of the Services after any such changes constitutes your acceptance of the new terms.

13. Changes to the Agreement

The Company may modify this Agreement at any time by posting the revised version on the Forkto.com website or within the Apps. Your continued use of the Services after any such changes constitutes your acceptance of the new terms.