Terms of Service – Restaurants

1. What the Service does

The Service lets diners at your restaurant select their allergens and dietary requirements and see which of your dishes do not contain them. It does this by comparing the diner’s selections against the dish and allergen information that you provide, including information imported from your point-of-sale system (such as Toast).

The Service is a tool to help diners and your staff. It is not a substitute for your own allergen procedures, and it does not check, test or verify the contents of any dish.

2. Your dish and allergen information

The Service is only as accurate as the information you give it. You are solely responsible for:

• the accuracy and completeness of all dish, ingredient, allergen and dietary information you provide, whether entered directly or imported from your point-of-sale system;
• keeping that information up to date, including when recipes, ingredients or suppliers change;
• checking that changes made in your point-of-sale system have appeared in the Service before relying on them, as imports may not be instant;
• removing dishes from the Service, or correcting them, as soon as you become aware that their information is wrong.

3. Serving diners safely

You remain fully responsible for food safety and allergen management in your restaurant. In particular, you must:

• always confirm a diner’s allergies directly with them, and with your kitchen, before preparing or serving food, whatever the Service shows;
• manage the risk of cross-contamination in your kitchen;
• train your staff on how to use the Service and what it does and does not do;
• keep complying with all applicable laws, including the Food Information Regulations 2014 and any other UK allergen labelling and food safety requirements;
• not remove or obscure any safety notices shown to diners in the Service.

4. Data

Diners are not asked for their name, email address or other contact details to use the Service.

• We record each search made through the Service (the allergens and dietary requirements selected, and the dishes shown) so that we can investigate any reported issue and keep the Service safe.
• Where diners consent, we may use their selections to produce anonymised, aggregated statistics, which we may show to you (for example, “20% of diners avoid dairy”).
• You must not try to identify individual diners from any data we provide, or reuse or sell that data.

How we handle personal data is explained in our Privacy Policy.

5. Fees and payment

• Fees, billing and cancellation are set out in the Customer Agreement.
• You are responsible for keeping your payment details up to date.
• If a payment fails, we may suspend your access until it is paid.

6. Our liability

6.1 Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded by law.

6.2 Subject to 6.1, we are not liable for any loss or harm arising from:

• inaccurate, incomplete or out-of-date dish or allergen information provided by you or imported from your systems;
• food preparation, cross-contamination, or communication between your staff and diners;
• a diner selecting the wrong allergens or misreading the results;
• your failure to follow sections 2 and 3 of these Terms.

6.3 Subject to 6.1, we are not liable for any loss of profits, revenue, business, goodwill or reputation, or for any indirect or consequential loss.

6.4 Subject to 6.1, our total liability to you for all claims arising out of or in connection with the Service, these Terms or the Customer Agreement is limited to the total fees you paid us in the 12 months before the event giving rise to the claim.

6.5 The Service is provided “as is”. We do not promise that it will be uninterrupted or error-free.

7. Your indemnity

You agree to compensate us for any claims, losses, costs and expenses (including reasonable legal fees) brought against or suffered by us, including claims by diners, to the extent they arise from inaccurate or out-of-date information you provided, your food preparation or service, or your breach of these Terms.

8. Intellectual property and acceptable use

We own all rights in the Service, its software and its branding. You may use the Service only for the internal operation of your own restaurant location(s) covered by your subscription. You must not:

• copy, modify or reverse-engineer the Service;
• remove branding, safety notices or disclaimers;
• resell, sublicense or share access to the Service;
• use the Service in any unlawful way.

9. Suspension and termination

We may suspend or end your access, with notice where reasonably possible, if you:

• breach these Terms or the Customer Agreement;
• misuse diner data;
• fail to pay fees when due.

We may also stop providing the Service altogether by giving you at least 30 days’ notice. If we do, we will refund any fees paid for the period after the Service ends.

You may cancel at any time, as set out in the Customer Agreement. After your account ends, we may delete your restaurant’s data within 90 days, except where we need to keep it for legal reasons or to investigate a reported issue.

10. Changes to these Terms

We may update these Terms from time to time. We will email you at least 30 days before any significant change takes effect. If you keep using the Service after that date, you accept the updated Terms. If you do not agree, you can cancel before the change takes effect.

11. General

• Events outside our control: we are not responsible for delays or failures caused by events beyond our reasonable control, including outages at our hosting, payment or point-of-sale providers.
• Entire agreement: these Terms, the Customer Agreement and our Privacy Policy are the whole agreement between us about the Service.
• Severability: if any part of these Terms is found to be invalid, the rest remains in force.
• Transfer: you may not transfer your account to someone else without our written consent. We may transfer our rights and obligations to a successor business.

12. Governing law

These Terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute.

13. Contact

For questions or legal concerns, email us at support@allergengo.com.