Terms
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REVIEW REQUIRED: awaiting solicitor sign-off before launch.
1. Who we are, and who these terms are for
Hygivo is provided by APPLOM LTD, trading as Hygivo, a company being registered in Ireland with the Companies Registration Office (its company number and registered office will be published here as soon as they are issued) ("we", "us"). You can contact us at [email protected].
These terms are a contract between us and the business that sets up a Hygivo workplace ("the business", "you"). The person who accepts them confirms they are authorised to do so for the business. Staff, managers and others who use Hygivo at the business's invitation must also follow sections 4 and 6.
Hygivo is for businesses only. It is sold to people acting for the purposes of their trade, business or profession, and not to consumers. Nothing in these terms affects any right the law gives you that cannot be excluded.
2. The service
Hygivo helps hospitality businesses keep food-safety (HACCP) records: deliveries and label details, temperatures, cooking, cooling, reheating and hot holding, food sent out, cleaning, allergen information, signed checks and reviews, staff training records, corrective actions, and reports of them.
What Hygivo is not. Hygivo keeps records, helps read labels and reminds people what is due. It is not approved or endorsed by the Food Safety Authority of Ireland (FSAI) or any other authority, does not certify HACCP or food-safety compliance, does not replace the business's own food safety management system, training, or judgement about whether food is safe, and does not give legal advice. The business remains responsible for its food safety, for checking food on time, and for complying with food law. Reminders and alerts are an aid, not a guarantee: a phone may be switched off, offline or silenced. Values read from a label are suggestions for a person to check; the business is responsible for what it records and approves. Guidance shown in the app is general information based on published FSAI material and may not suit every business.
We may improve and change Hygivo over time. We won't remove a main feature the business relies on without telling business owners first.
3. Price and billing
- Price: €30 per location per month, or €299 per location per year, plus VAT where applicable, with unlimited staff. VAT is added only where it applies and is shown, with the total, before you pay. The current price is always shown on hygivo.com/pricing and in the app before you subscribe.
- Subscriptions started before these terms were first published keep the price agreed at the time (€29.99 per location per month, or €299 per year, VAT included) unless you are given notice of a change under section 11.
- Billing: in advance through our payment provider, Stripe, monthly or yearly, for the number of locations the business has. Adding or removing a location changes the bill from that date (pro-rated). Subscriptions renew automatically at the end of each period until cancelled.
- Cancelling: the owner can cancel at any time in Billing. Cancellation takes effect at the end of the period already paid for, and access continues until then. Payments already made are not refunded, including for part of a month or year, unless the law requires otherwise or we have made a mistake.
- Failed payments: if a payment fails, full access continues for 7 days while the card is updated. After that, the workplace becomes read-only until it is paid: nothing is deleted, and everything can still be viewed and exported.
- Trial codes: printed Hygivo trial codes give one eligible business 30 days free, with no payment card and no automatic charge, under the trial code terms.
- Founder Passes and complimentary access are offered at our discretion, can be withdrawn with reasonable notice, and have no cash value.
- Staff never pay to use Hygivo.
4. Accounts
You must be at least 16 to have a Hygivo account. Keep your sign-in details private and tell us straight away at [email protected] if you think someone else has used them. One account can belong to several workplaces, each with its own role. The business decides who joins, what role they have, and can remove people at any time; it is responsible for what people it invites do in its workplace.
5. Your data
The business owns the records it keeps in Hygivo. We process them only to provide Hygivo to the business, as its processor, under the data processing terms below and as described in our Privacy notice. We don't sell data, use it for advertising, or use it to train artificial intelligence. The business can export its records at any time, including after its subscription ends.
6. Acceptable use
Don't use Hygivo for anything unlawful; try to access another business's data or any part of Hygivo you aren't authorised to; probe, overload or interfere with the service; copy, resell or reverse-engineer Hygivo; record false information; or upload content you don't have the right to use or that is harmful. We may suspend access to stop a breach of this section, and will tell the business why unless the law or security prevents it.
7. Availability and support
We work to keep Hygivo available and backed up, but can't promise it will never be interrupted, for example during maintenance or problems with our providers or the internet. Entries made while offline are saved on the device and uploaded when the connection returns. Support is by email at [email protected]. We reply by email as soon as we can.
8. Our intellectual property
Hygivo, its software, design, guidance text and brand belong to us or our licensors. While the business's access is active, we give it and the people it invites a non-exclusive, non-transferable right to use Hygivo for the business's own operations. The business's own records remain the business's.
9. Ending
The business can stop using Hygivo at any time: cancel the subscription (section 3) and, if it wishes, close the workplace from Account. A closed workplace becomes read-only and everyone's access to record ends; the owner can still view and export its records. The business can ask us to delete its workplace and records entirely; we will confirm before doing so, because deletion cannot be undone.
We may end these terms with 30 days' written notice to the business owner, or straight away if the business seriously or repeatedly breaks these terms, doesn't pay, or if the law requires it. If we end the service for any reason other than the business's breach, we will refund any amount paid for the period after it ends, and the business will have at least 30 days to export its records.
10. Responsibility for loss
- We provide Hygivo with reasonable care and skill. Apart from what these terms say, Hygivo is provided "as is", and we don't promise it will meet every need of the business, be error-free, or that using it will make the business compliant with food law.
- We are not liable for: loss of profit, revenue, business or goodwill; indirect or consequential loss; fines, penalties or enforcement action against the business; or loss caused by the business's own food-safety decisions, by information it or its staff record, or by events outside our reasonable control.
- Our total liability to the business arising out of or in connection with these terms, in any year, is limited to the fees the business paid us in the 12 months before the event giving rise to the claim. If it paid nothing (for example during a trial), our total liability is limited to €100.
- Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud, or any other liability that cannot be limited or excluded by law.
- The business is responsible for any claim against us caused by its breach of section 6 or by records it or its staff record in Hygivo.
11. Changes to these terms or the price
We'll tell business owners by email and in the app at least 30 days before a material change to these terms or a price increase takes effect. A price increase applies from the next billing period after the notice ends. If the business doesn't agree, it can cancel before the change takes effect. The business owner is asked to accept new versions of these terms in the app; each version we publish, and who accepted it and when, is kept.
12. General
These terms, the trial code terms and any order shown before payment are the whole agreement between us about Hygivo. If a court finds part of these terms unenforceable, the rest still applies. Not enforcing a right straight away doesn't waive it. The business can't transfer these terms without our agreement; we may transfer them to a company that takes over Hygivo, and will tell the business. Notices to us go to [email protected]; notices to the business go to the owner's email address in Hygivo.
These terms are governed by the law of Ireland, and the courts of Ireland have exclusive jurisdiction over any dispute about them.
Schedule: Data processing terms
These terms apply where we process personal data on the business's behalf, and form the contract required by Article 28 of the General Data Protection Regulation (GDPR).
- Roles. The business is the controller and we are its processor for the personal data in its workplace's records ("business data"). For account, billing, support and security data we are the controller, as our Privacy notice explains.
- Details of the processing. Subject matter and purpose: providing Hygivo so the business can keep its food-safety records. Duration: while the business uses Hygivo, and then until its records are deleted under item 9. Nature: storing, organising, displaying, exporting, sending notifications and deleting. Types of personal data: names and email addresses of the business's staff, their roles and locations, the records they make and when, signatures on checks, training records and fit-for-work acknowledgements (no health information), and delivery label photos. Data subjects: the business's owners, managers and staff, and people named on suppliers' labels.
- Instructions. We process business data only on the business's documented instructions (these terms and its use of Hygivo's settings), unless the law requires otherwise, in which case we will tell the business first unless the law forbids it. We will tell the business if we think an instruction breaks data protection law.
- Confidentiality. Everyone we authorise to process business data is bound by confidentiality.
- Security. We take appropriate technical and organisational measures under Article 32 GDPR, including: database-enforced separation between businesses and by role and location; encryption in transit and at rest; private file storage; limited, logged staff access with two-step sign-in; time-limited, owner-approved, read-only support access; and backups.
- Sub-processors. The business gives general authorisation for the sub-processors listed in our Privacy notice. We will tell business owners at least 30 days before adding or replacing one that processes business data; the business may object on reasonable data protection grounds, and if we can't resolve the objection the business may end these terms and receive a refund of fees paid for the period after it ends. We impose the same data protection obligations on each sub-processor and remain responsible for them.
- International transfers. Business data is stored in the European Union. Where a sub-processor accesses it from outside the European Economic Area, the transfer is protected by an adequacy decision (including the EU–US Data Privacy Framework) or the European Commission's Standard Contractual Clauses.
- Assistance. Taking into account what Hygivo does, we help the business respond to people exercising their data protection rights (including by passing on requests we receive), and with its obligations on security, breach notification, data protection impact assessments and prior consultation.
- Personal data breaches. We will tell the business owner without undue delay, and in any case within 48 hours, after becoming aware of a breach affecting business data, with the information the business needs to meet its own obligations.
- End of the service. The business can export its records at any time. When it asks us to delete its workplace, or 12 months after its access to Hygivo has ended (unless it asks us to keep the records longer, or the law requires us to keep them), we delete business data, including from our live systems, and it is removed from backups as they expire.
- Audits. We make available the information needed to show we meet these obligations, and allow and contribute to reasonable audits by the business or an auditor it appoints, on reasonable notice, at the business's cost, and no more than once a year unless required by a supervisory authority or after a breach.
Contact
Email [email protected], or see Support. Privacy: [email protected].