Kitchen Toolkit — Terms of Service

# Kitchen Toolkit — Terms of Service

_Last updated: 2026-03-22_ [source: docs/legal/terms-of-service.md]

## 1. Purpose and definitions
- Kitchen Toolkit (“KT”) is a hosted software platform for equipment monitoring, temperature logging, checklists, alerts, and related services delivered through the Dashboard; no right is granted to self-host or deploy KT. The service is deployed from a private GitHub repository to Vercel with default KV storage in Upstash (AWS N. Virginia `us-east-1`) unless you supply your own KV endpoint. [source: docs/legal/terms-of-service.md][source: docs/reference/data-and-privacy.md][source: lib/tenant/env.js]
- “Customer Data” means the information you or your users submit to KT (including logs, equipment details, alert settings, and notification targets). [source: docs/legal/terms-of-service.md]
- “Account” means your KT tenant administered through the Dashboard and any associated APIs. [source: docs/legal/terms-of-service.md]

## 2. Account setup and eligibility
- You must provide accurate business and contact information and keep admin and billing contacts current. [source: docs/legal/terms-of-service.md]
- By creating, ordering, or administering an Account, you represent that you are authorized to act for the customer entity and to accept these terms on its behalf. [source: docs/legal/terms-of-service.md]
- You are responsible for users you invite, including their permissions, actions, and compliance with these terms. [source: docs/legal/terms-of-service.md]
- Keep credentials, device keys, and environment variables secure; promptly revoke or rotate them if compromised. [source: docs/legal/terms-of-service.md][source: docs/legal/environment-variables-policy.md]
- If you suspect compromise of passwords or secrets, you must rotate them immediately; password resets and secret updates are self-serve via the Dashboard and reset flows. [source: pages/api/tenant/requestPasswordReset.js][source: pages/api/tenant/resetPassword.js][source: lib/tenant/env.js]

## 3. License and permitted use
- Subject to these terms, KT grants you a non-exclusive, non-transferable license to access and use the hosted service during your subscription; no source code, firmware, or deployment rights are provided. [source: docs/legal/terms-of-service.md]
- Use is limited to your internal business purposes; reselling or providing KT as a service to third parties is not allowed unless we agree in writing. [source: docs/legal/terms-of-service.md]
- KT is intended for commercial, institutional, and professional kitchen operations. Personal, family, and household use are not supported through the standard tenant signup and admin flows unless we expressly provide separate consumer-facing terms for that offering. If non-waivable consumer or statutory rights apply despite the foregoing, those rights control to that extent. [source: docs/legal/terms-of-service.md]

## 4. Customer responsibilities
- Configure notification settings, retention preferences, and any integrations in accordance with your internal policies and applicable law. [source: docs/legal/terms-of-service.md][source: docs/reference/retention-policy.md]
- KT is an assistive monitoring and workflow tool; it does not replace required food-safety programs, manual checks, calibration duties, or your regulatory judgment. You remain responsible for safe operations and legal compliance at your facilities. [source: docs/legal/terms-of-service.md]
- You are solely responsible for monitoring product quality, food safety, storage conditions, manual verification, escalation procedures, backup systems, and any decision to hold, discard, recall, or serve food, ingredients, inventory, or other product. KT is not an insurer, guarantor, or emergency-response service. [source: docs/legal/terms-of-service.md]
- Ensure devices, networks, and third-party services you connect (email, webhooks, push) are authorized for your use and secured to your standards. [source: docs/legal/terms-of-service.md]
- You are responsible for the legality, accuracy, and recipient rights for any email addresses, phone/browser endpoints, or other notification targets you add to KT for alerts, exports, tests, or similar messaging, including obtaining any consent or opt-out handling required by your policies or applicable law when a message is commercial in nature. [source: pages/admin/settings.js][source: pages/index.js][source: pages/api/sendLog.js][source: pages/api/push/subscribe.js]
- If you assign devices or accounts to named staff, or use KT records for accountability, attendance, or performance-management workflows, you are responsible for any employee/workplace disclosures, consultations, or internal-policy steps required for that use. [source: pages/api/uploadLog.js][source: docs/legal/employee-monitoring-deployment-guide.md]
- Provide timely cooperation when we need your input to investigate support, security, or data issues affecting your Account. [source: docs/legal/terms-of-service.md]

## 5. Our responsibilities
- Host, operate, and update KT, including security patches, feature improvements, and bug fixes. [source: docs/legal/terms-of-service.md]
- Apply reasonable security controls, including encrypted transmission and encrypted storage of customer-specific credentials. [source: docs/legal/terms-of-service.md][source: docs/legal/security-and-infrastructure.md]
- Use commercially reasonable efforts to maintain service availability, but uninterrupted or error-free operation is not guaranteed. [source: docs/legal/terms-of-service.md]
- If KT infrastructure is compromised or suspected compromised, we may suspend or take down the service (e.g., from Vercel) while applying patches or security measures. [source: docs/legal/security-and-infrastructure.md]
- Support is provided via email to tenant contacts with a target response of 3–5 business days; this is a target only and does not create an SLA or service credits. Any SLA must be agreed in a separate signed order form; absent that, no service credits apply. [source: docs/legal/terms-of-service.md]
- No uptime SLA or service credits are offered unless expressly agreed in writing; availability is on a commercially reasonable, “as is” basis. [source: docs/legal/terms-of-service.md]
- KT may send account, security, operational, and customer-directed export or alert emails using your configured SMTP settings, KT-managed fallback mailbox infrastructure, or other documented product email paths. Standard tenant product flows are not a general-purpose marketing email platform. [source: lib/tenant/mailer.js][source: pages/api/sendLog.js][source: pages/api/auth.js][source: pages/api/tenant/requestPasswordReset.js][source: pages/api/uploadEquipmentLog.js][source: pages/api/admin/checkNodeHealth.js]

## 6. Data ownership and use
- You retain ownership of Customer Data. KT may process Customer Data solely to provide, secure, support, and improve the service. [source: docs/legal/terms-of-service.md]
- You may export Customer Data using Dashboard tools; export and deletion flows are described in the Data Export & Deletion Policy. [source: docs/legal/terms-of-service.md][source: docs/legal/data-export-deletion-policy.md]
- Data is stored in account-scoped namespaces; deletion requests are honored, but historical version-control artifacts are not rewritten. [source: docs/legal/terms-of-service.md][source: docs/legal/data-export-deletion-policy.md]
- Tenants may direct telemetry to their own KV endpoints via `storage_kv_url`/`storage_kv_token` and set retention windows through env settings; deletions or retention changes can be applied at any time without notice. [source: lib/tenant/env.js][source: pages/admin/settings.js][source: docs/reference/retention-policy.md]
- KT does not maintain separate backups of tenant KV data; operational storage is limited to the configured KV endpoints. Code history is preserved via Git, but KV deletes are not recoverable from backups. [source: docs/legal/terms-of-service.md][source: docs/reference/data-and-privacy.md]
- If you use your own KV, Git, email, or webhook providers, any backups, archives, journaling, or message retention those providers maintain outside KT are outside KT’s direct control and may persist after KT has deleted active product-side records. [source: lib/tenant/storage.js][source: pages/api/deleteTenantData.js][source: pages/api/deleteRestaurant.js][source: lib/tenant/mailer.js]

## 7. Privacy and security
- Our handling of personal and device data is further described in the Privacy Notice and the Security & Infrastructure Statement; those documents are incorporated by reference. [source: docs/legal/terms-of-service.md][source: docs/legal/privacy-notice.md][source: docs/legal/security-and-infrastructure.md]
- Customer-provided environment variables and credentials are stored encrypted; you remain responsible for configuring and rotating them. [source: docs/legal/terms-of-service.md][source: docs/legal/environment-variables-policy.md]
- You must not upload sensitive categories of data that KT does not request (e.g., payment card data or identity documents). [source: docs/legal/terms-of-service.md][source: docs/legal/privacy-notice.md]
- Data may be processed in Canada and the United States (including via Vercel and Upstash in AWS us-east-1) or in your configured KV endpoint; by using KT you authorize these transfers. Contact liam@liambendix.com to request a data processing addendum or specific transfer terms. [source: docs/legal/terms-of-service.md]
- KT now publishes a standard DPA template, transfer addendum / SCC packet, and subprocessor schedule for customer review. Those documents are starting points only; customer-specific signatures, redlines, and additional terms still run through the legal contact path documented in the legal pages. Absent a mutually signed addendum, you represent that you have the right to transfer data to the documented regions and subprocessors. [source: docs/legal/data-processing-addendum.md][source: docs/legal/transfer-addendum-scc.md][source: docs/legal/subprocessor-schedule.md][source: docs/legal/data-processing-requests.md]

## 8. Third-party services and devices
- KT may interoperate with third-party services or equipment that you choose to connect. Those services and devices are provided by third parties, and their terms govern your use of them. [source: docs/legal/terms-of-service.md]
- You are responsible for obtaining any rights needed to send data to those services and for any fees they charge; KT is not liable for their acts or omissions. [source: docs/legal/terms-of-service.md]
- Current subprocessors include Vercel (hosting), Upstash (KV plus temporary `/help` support cache/storage flows, AWS us-east-1 by default), GitHub (source/content), Stripe (billing), customer-selected SMTP/webhook providers, KT-managed Google/Gmail-hosted email transport when fallback or platform-managed outbound email is used, and the configured AI provider stack for `/help` (`Groq`, `OpenAI`, and/or `OpenRouter`, depending on runtime configuration). Material additions or changes will be communicated to tenant contacts at least 30 days in advance when practical (or promptly thereafter if urgent for security/legal reasons); contact us with any objections. [source: docs/legal/terms-of-service.md][source: lib/tenant/mailer.js][source: pages/api/sendLog.js][source: pages/api/support-bot.js][source: lib/agent/llm.js][source: lib/agent/attachmentImageStore.js]
- The maintained customer-facing provider list is published in `docs/legal/subprocessor-schedule.md`; update that schedule whenever the provider list above changes. [source: docs/legal/subprocessor-schedule.md][source: docs/legal/terms-of-service.md]

## 9. Acceptable use and restrictions
- You will not attempt to access underlying source code, reverse engineer, decompile, bypass security controls, or probe the service without written permission. [source: docs/legal/terms-of-service.md]
- You will not use KT for unlawful, harmful, or abusive activities, including introducing malware, interfering with service operation, or misrepresenting sender identity. [source: docs/legal/terms-of-service.md]
- You will not use KT’s email, push, or export features for unsolicited bulk marketing, spam, cold outreach, or any message campaign that you are not legally permitted to send; KT may suspend or disable abusive messaging use. [source: pages/api/sendLog.js][source: pages/api/push/send.js][source: pages/api/push/broadcast.js]

## 10. Billing, hardware, and subscriptions
- KT may charge subscription fees for access to the hosted service and separate fees for hardware. Subscription billing terms (plan, renewal, cancellation) follow the payment flow presented at checkout. [source: docs/legal/terms-of-service.md]
- Hardware purchases include only the limited warranty and remedies stated in Section 21; except for that limited warranty and any non-waivable rights, hardware, firmware, and related software are provided on an “as is” basis. [source: docs/legal/terms-of-service.md][source: docs/leadership/reference/pricing-and-policy.md]
- Some hardware, firmware, or features may be identified as pilot, beta, evaluation, pre-production, or pre-certification. Unless expressly stated otherwise in writing, those items are provided only for supervised indoor evaluation, are not certified life-safety or emergency-response systems, and are not for unsupervised household consumer use. [source: docs/legal/terms-of-service.md][source: docs/leadership/reference/fcc-plan.md]

## 11. Availability, maintenance, and changes
- We may add, remove, suspend, replace, or modify features, interfaces, integrations, documentation, support practices, pricing, and related policies at any time by posting an updated version or, if we choose, by sending notice through the Dashboard or registered email. Unless a later effective date is stated, changes are effective when posted. [source: docs/legal/terms-of-service.md]
- If you do not agree to a change, your remedy is to stop using KT and cancel at the end of your then-current paid term. Where applicable law requires a different notice process or preserves non-waivable rights, that law controls. [source: docs/legal/terms-of-service.md]
- Planned maintenance may temporarily affect availability. KT is provided “as is,” “as available,” and with all faults, and we do not warrant prevention of equipment failures, missed alerts, product spoilage, inventory loss, or compliance issues. [source: docs/legal/terms-of-service.md]
- Alerts, logs, exports, and support are informational tools to assist your team and are not guaranteed to be accurate, complete, timely, or sufficient for any safety, quality, or regulatory decision. [source: docs/legal/terms-of-service.md]
- Marketing pages, demos, summaries, and explanatory materials describe general capabilities only. They do not create warranties, service commitments, certifications, or guaranteed results beyond what is expressly stated in these terms or a signed order form. [source: docs/legal/terms-of-service.md]

## 12. Term, suspension, and termination
- You may request deletion of your Account and Customer Data at any time through the published support channels. [source: docs/legal/terms-of-service.md]
- We may suspend or terminate access for breaches of these terms, security risks, suspected fraud, or where required by law. [source: docs/legal/terms-of-service.md]
- Upon termination, your right to access KT ends; surviving provisions include ownership, disclaimers, limitations of liability, indemnification, and governing law. [source: docs/legal/terms-of-service.md]

## 13. Disclaimer of warranties
- KT, the Dashboard, APIs, alerts, reports, exports, hardware, firmware, documentation, and support are provided “as is,” “as available,” and with all faults. To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, title, quiet enjoyment, non-infringement, and any warranty arising from course of dealing, usage, or trade. [source: docs/legal/terms-of-service.md]
- We do not warrant that KT will be uninterrupted, error-free, secure, accurate, complete, timely, or that it will detect, prevent, or avoid any temperature excursion, equipment malfunction, contamination, spoilage event, inventory loss, or regulatory violation. [source: docs/legal/terms-of-service.md]
- No oral or written information or advice from KT creates any warranty not expressly stated in these terms. Any non-waivable statutory rights remain in force. [source: docs/legal/terms-of-service.md]

## 14. Limitation of liability
- To the maximum extent permitted by law, KT is not liable for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, or for loss of profits, revenue, savings, goodwill, use, data, business opportunities, business interruption, downtime, replacement costs, or third-party claims. [source: docs/legal/terms-of-service.md]
- To the maximum extent permitted by law, KT is also not liable for spoilage, contamination, loss of food, ingredients, inventory, product, or materials, or for losses arising from missed or delayed alerts, sensor drift, network outages, power loss, customer configuration choices, third-party providers, or your failure to maintain independent safety and monitoring procedures. [source: docs/legal/terms-of-service.md]
- Our total cumulative liability arising from or related to KT, whether in contract, tort (including negligence), strict liability, or otherwise, will not exceed the amounts you paid to KT for the specific service or hardware giving rise to the claim in the six months preceding the event giving rise to the claim. If no fees were paid for that service or hardware during that period, KT’s total cumulative liability will not exceed CAD $100. [source: docs/legal/terms-of-service.md]
- The exclusions and limits in these terms apply even if a remedy fails of its essential purpose and even if KT was advised of the possibility of the damages. [source: docs/legal/terms-of-service.md]

## 15. Indemnification
- You will defend, indemnify, and hold harmless KT and its personnel from claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to your misuse of KT, your Customer Data, your connected third-party services or devices, your facilities or food-safety operations, or your breach of these terms, except to the extent finally determined by a court of competent jurisdiction to have been caused by KT’s gross negligence or willful misconduct. [source: docs/legal/terms-of-service.md]
- This includes claims relating to product spoilage, contamination, personal injury, property damage, or regulatory action arising from your operations, your response to alerts, or your failure to maintain manual controls or backup procedures. [source: docs/legal/terms-of-service.md]

## 16. Changes to terms
- We may update these terms and related policies at any time. Updated versions are effective when posted or on the stated effective date, and continued use after the effective date constitutes acceptance of the revised terms. [source: docs/legal/terms-of-service.md]
- Where applicable law requires advance notice, a specific acceptance flow, or preserves cancellation, refund, or other non-waivable rights, those legal requirements control notwithstanding the foregoing. [source: docs/legal/terms-of-service.md]

## 17. Governing law and venue
- These terms are governed by the laws of the Province of Ontario, Canada, with exclusive venue in the courts serving Kitchener-Waterloo, Ontario. For questions about governing law or venue, contact liam@liambendix.com. [source: docs/legal/terms-of-service.md]

## 18. Miscellaneous
- If any provision is unenforceable, the remaining provisions remain in effect. Failure to enforce a provision is not a waiver. You may not assign these terms without our consent; we may assign as part of a reorganization. [source: docs/legal/terms-of-service.md]
- KT is not liable for delay or failure caused by events beyond its reasonable control, including power or internet outages, carrier failures, supplier outages, labor disputes, weather, natural disasters, public health events, or governmental action. [source: docs/legal/terms-of-service.md]
- Nothing in these terms limits any non-waivable consumer or statutory rights that apply under governing law. [source: docs/legal/terms-of-service.md]

## 19. Notices and support
- Send legal notices, data requests, and support inquiries to liam@liambendix.com. Security incidents (confirmed or reasonably suspected unauthorized access to KT systems or tenant data) will be communicated to tenant contacts by email without undue delay after KT becomes aware, in accordance with applicable law and subject to law-enforcement constraints. [source: docs/legal/terms-of-service.md]

## 20. Law enforcement and legal process
- KT will comply with lawful requests and orders and will notify the affected tenant unless legally prohibited. Passwords and secrets are stored encrypted or hashed and cannot be provided in plaintext. [source: docs/legal/terms-of-service.md]

## 21. Cancellations, refunds, and hardware warranty
- Subscriptions renew per the plan shown at checkout; you may cancel auto-renew at any time, and service will continue through the paid period. Fees already paid are non-refundable except where required by law. [source: docs/legal/terms-of-service.md]
- Hardware purchases carry a one-year limited warranty for defects under normal use. KT’s sole obligations and your exclusive remedies for any warranty-eligible defect are, at KT’s option, repair, replacement, or refund of the amount paid for the affected hardware. Damage from misuse, abuse, modification, improper installation, unsupported accessories, operation outside documented guidelines, or unauthorized repairs is excluded. [source: docs/legal/terms-of-service.md][source: docs/leadership/reference/pricing-and-policy.md]
- Refunds are processed through Stripe and will complete on Stripe’s timelines. Except where required by law or approved by KT in writing, fees are non-refundable, bulk orders cannot be returned without cause, and shipping, taxes, and third-party fees are not refundable. RMA requests for hardware must be initiated within 30 days of delivery, with return shipping at the customer’s expense unless the item is dead on arrival, return shipping is required by law, or KT approves prepaid return shipping in writing; returned items are subject to inspection and may be repaired, replaced, or refunded at KT’s discretion. [source: docs/legal/terms-of-service.md][source: docs/leadership/reference/pricing-and-policy.md]
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