These Terms & Conditions ("Terms") govern your use of the SmartChef platform and services (the "Service"), including the SmartChef website at https://smartchef.ie and the SmartChef web application available at https://app.smartchef.ie (together, the "Website").

Data Processing Agreement

Where SmartChef processes personal data on behalf of a customer, the Data Processing Agreement set out in Schedule 1 forms an integral part of these Terms.

By accepting these Terms, the customer expressly agrees to the Data Processing Agreement and appoints SmartChef Ltd as a Data Processor in accordance with GDPR Article 28.

By accessing, registering for, or using the Service (including the SmartChef website and application), you agree to be legally bound by these Terms. If you do not agree, you must not use the Service.

1. About Us

   SmartChef is operated by SmartChef Ltd, an Irish private company limited by shares (company incorporation pending), with its registered office in Naas, Ireland ("SmartChef", "we", "us", "our").

   SmartChef provides a software-as-a-service (SaaS) platform designed to assist food businesses with digital HACCP and food safety record-keeping, training and operational support.

2. The Service

   The Service may include, without limitation:

   • Digital HACCP and food safety records
   • Delivery and batch logging
   • Image capture and automated data extraction
   • Alerts, reminders and reports
   • Food safety training content
   • Data exports and compliance documentation

   The Service is a support tool only and does not replace professional judgement, training, or regulatory responsibility.

3. Eligibility

   You must be at least 18 years old and authorised to act on behalf of a business to use the Service. The Service is intended for business use only.

4. Account Registration

   You are responsible for:

   • Maintaining the confidentiality of login credentials
   • All activity carried out under your account
   • Ensuring that information entered into the Service is accurate and complete

   You must notify us immediately if you believe your account has been compromised.

5. Subscription, Fees and Payment

   Some features require a paid subscription.

   • Subscription details, pricing and billing cycles are displayed on the Website or within the app
   • Subscriptions renew automatically unless cancelled
   • Fees are payable in advance and are non-refundable except where required by law
   • We may change pricing with reasonable prior notice.

   Non-Payment and Suspension

   Access to the Service is conditional on payment of applicable subscription fees. If payment of any subscription fee is not received when due, SmartChef may suspend or restrict access to the Service, in whole or in part, until payment is brought up to date. SmartChef reserves the right to terminate access to the Service where fees remain unpaid for a reasonable period.

6. Cancellation and Suspension

   • You may cancel or suspend your subscription at any time, without penalty, via your account settings or by contacting SmartChef support.
   • Cancellation takes effect at the end of the current billing period
   • No refunds are issued for partially used billing periods
   • There are no long-term contracts or lock-ins.

7. Data Access, Export and Retention

   1. Access and Export

      During an active subscription, you may access and export your data using available tools or by requesting an export from SmartChef. Data will be provided in a commonly used, machine-readable format within a reasonable timeframe.

   2. Data Retention After Cancellation

      If your subscription is cancelled or suspended: your data will be retained for a minimum of three (3) months, allowing reactivation without loss of records. After this period, we may permanently delete your data. We will make reasonable efforts to notify you before deletion.

   3. Reactivation

      If you reactivate within the retention period, your data will be restored where reasonably possible.

8. AI and Automated Data Extraction

   Certain features of the Service use automated systems and artificial intelligence (AI), including the extraction of information from images such as delivery labels.

   You acknowledge and agree that:

   • AI-generated or extracted data may be inaccurate, incomplete or incorrect
   • Image quality, lighting, label clarity and formatting can affect results
   • All extracted data must be reviewed and verified by you before use

   SmartChef does not guarantee the accuracy of AI-generated data and accepts no responsibility or liability for decisions, actions or consequences arising from reliance on such data.

9. Customer Responsibilities

   You are solely responsible for:

   • Compliance with food safety, hygiene and HACCP regulations
   • Ensuring records are accurate, complete and properly reviewed
   • Training staff appropriately
   • Verifying all information generated or stored using the Service

   SmartChef does not provide legal, regulatory or professional advice.

10. Service Availability and Support

    • We aim to provide a reliable Service but do not guarantee uninterrupted availability.
    • Planned maintenance or updates may cause temporary interruptions
    • We aim to provide reasonable support during normal Irish business hours
    • Response times are not guaranteed

11. Acceptable Use

    You agree not to:

    • Use the Service unlawfully or fraudulently
    • Attempt to reverse engineer or disrupt the Service
    • Misuse the Service in a way that impacts system performance

    We may suspend or terminate access for misuse or abuse.

12. Intellectual Property

    All intellectual property rights in the Service, including software, branding and content, remain the property of SmartChef or its licensors. You retain ownership of your data.

13. Disclaimers

    The Service is provided "as is" and "as available".

    To the fullest extent permitted by law, we disclaim all warranties, express or implied, including:

    • Accuracy or reliability of data
    • Fitness for a particular purpose
    • Compliance outcomes or audit results

14. Limitation of Liability

    To the maximum extent permitted by Irish law, SmartChef shall not be liable for:

    • Any indirect, incidental, special or consequential loss
    • Loss of profit, revenue, business, data or reputation
    • Any claim arising from use of AI-generated or extracted data
    • Any failure to meet regulatory or compliance obligations

    Our total liability shall not exceed the fees paid by you in the preceding 12 months. Nothing in these Terms limits liability where such limitation is not permitted by law.

15. Termination

    We may suspend or terminate access immediately if you breach these Terms or misuse the Service. Upon termination, your licence to use the Service ends.

16. Privacy and Data Protection

    Your use of the Service is subject to our Privacy Policy, which explains how we collect and process personal data in accordance with Irish and EU data protection law.

17. Changes to These Terms

    We may update these Terms from time to time. Material changes will be notified. Continued use of the Service constitutes acceptance of the updated Terms.

18. Governing Law

    These Terms are governed by the laws of Ireland. The Irish courts shall have non-exclusive jurisdiction over any dispute.

19. Contact

    For questions about these Terms:

    SmartChef Ltd
    Email: hello@smartchef.ie
    Website: https://smartchef.ie
    Ireland

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Schedule 1 – Data Processing Agreement (GDPR Article 28)

This Data Processing Agreement ("DPA") forms part of the SmartChef Terms & Conditions and applies where SmartChef processes personal data on behalf of a customer.

1. Roles of the Parties

   For the purposes of this DPA: The Customer is the Data Controller. SmartChef Ltd is the Data Processor. SmartChef processes personal data solely on behalf of and in accordance with the documented instructions of the Customer.

2. Subject Matter and Duration

   Subject matter: Provision of the SmartChef platform and related services

   Duration: For the term of the Customer’s subscription and any agreed data retention period thereafter

   Nature and purpose: Storage, processing and management of food safety and operational records

3. Categories of Data Subjects

   Personal data may relate to:

   • Customer staff and employees
   • Authorised users of the Service
   • Suppliers or delivery personnel (where details appear on delivery documentation)

4. Categories of Personal Data

   Personal data processed may include:

   • Names and contact details
   • User account information
   • Training records
   • HACCP and food safety records
   • Uploaded images (e.g. delivery labels)
   • AI-extracted text from images

   SmartChef does not intentionally process special category data.

5. Processor Obligations

   SmartChef shall:

   • Process personal data only on documented instructions from the Customer
   • Ensure persons authorised to process data are subject to confidentiality obligations
   • Implement appropriate technical and organisational security measures
   • Assist the Customer in responding to data subject rights requests
   • Assist with GDPR compliance obligations where reasonably possible
   • Notify the Customer without undue delay of any personal data breach
   • Delete or return personal data at the end of the provision of services, subject to agreed retention periods

6. Security Measures

   SmartChef implements appropriate measures to protect personal data, including:

   • Encrypted communications (HTTPS)
   • Access controls and authentication
   • Secure cloud infrastructure
   • Regular system monitoring

   Security measures may evolve over time to reflect best practice.

7. Sub-Processors

   The Customer authorises SmartChef to engage sub-processors as required to deliver the Service, including cloud hosting, storage, analytics, email and payment providers.

   SmartChef shall:

   • Use only GDPR-compliant sub-processors
   • Ensure sub-processors are bound by equivalent data protection obligations
   • A current list of sub-processors may be provided on request.

8. International Transfers

   Personal data is processed within the EU/EEA where possible. Where data is transferred outside the EU/EEA, SmartChef ensures appropriate safeguards are in place, including Standard Contractual Clauses or equivalent lawful mechanisms.

9. Data Subject Rights

   Taking into account the nature of the processing, SmartChef shall assist the Customer, where reasonably possible, in fulfilling obligations relating to: data access requests, rectification or erasure, restriction of processing, and data portability.

10. Audits and Information

    SmartChef shall make available information reasonably necessary to demonstrate compliance with this DPA and allow audits where legally required, subject to reasonable notice and confidentiality.

11. AI and Automated Processing

    SmartChef may use automated systems, including artificial intelligence, to extract data from uploaded images.

    • Such processing does not involve automated decision-making with legal or significant effects
    • Extracted data is provided for user review and verification
    • The Customer remains responsible for accuracy and compliance

12. Termination

    Upon termination of the Service: personal data will be retained for the agreed retention period (minimum 3 months). Thereafter, data may be securely deleted unless otherwise required by law.

13. Governing Law

    This DPA is governed by the laws of Ireland and forms part of the SmartChef Terms & Conditions.