Terms of Use

Introduction

Welcome to Batchbase! We're excited to have you on board. Before you start using our platform, we need you to look through and accept these terms. We've done our best to explain it all without using too much jargon, so it's clear what we expect from you and what you can expect from us.

These are your legal rights and obligations, so please read everything. If you can't agree to our terms, then you can't use our Service.

If you still have questions after you've read these terms, please contact us through our support channels. We'd love to help.

Joining and using Batchbase

In this section, we explain how to subscribe to Batchbase and use our Service. When you see a word in bold, it will have the same meaning every time it's used in these terms.

You and Batchbase: When we say you or your, we mean both you and any entity or firm you're authorised to represent. When we say Batchbase, we, our or us, we're talking about Batchbase, powered by our Australian entity, Firehawk Analytics Group Pty Ltd.

Our Service: Our Service consists of all the services we provide now or in the future, including our online software for food compliance, labelling, costing, and data management.

Creating a subscription: When you create a subscription to use our Service and accept these terms, you become a subscriber. If you're the subscriber, you're the one responsible for paying for your subscription.

People invited to use Batchbase: An invited user is a person other than the subscriber who has been invited to use our Service through a subscription (e.g., an employee, administrator, or consultant). If you're an invited user, you must also accept these terms to use our Service.

User roles and access: As a subscriber inviting others into a subscription, you should understand the permissions you're granting to invited users. You control their level of access and what they can see or do.

The right to use our Service: Whether you're a subscriber or an invited user, we grant you the right to use our Service (based on your subscription type, your user role, and the level of access you've been granted) for as long as the subscriber continues to pay for the subscription, or until the subscription is terminated.

Subscriber role: As a subscriber, you take full responsibility for controlling how your subscription is managed and who can access it. For example:

• You control access to a subscription. You decide who's invited to use the Service and what kind of access they have. You can change or stop that access at any time.
• You're responsible for resolving any disputes with any invited users over access to your subscription.
• You're responsible for all your invited users' activity.

Your responsibilities: You promise that you'll keep your information (including a current email address) up to date. You're responsible for providing true, accurate, and complete information and for verifying the accuracy of any information you use from our Servicefor your legal, tax, and compliance obligations (like FSANZ standards). You're also responsible for protecting your username and password.

When we introduce new or revised services: We are constantly improving the Service. For new or updated features, there might be additional terms. We'll let you know what those terms are before you start using them.

What we own: We own everything we've put into our Service unless otherwise stated. This includes rights in the design, compilation, and look and feel of our Service. It also includes rights in all copyrighted works, trademarks, and other intellectual property. You agree not to copy, distribute, modify, or use any of our content or intellectual property rights in any way not expressly permitted by us.

Pricing

Unless you're in a free trial, you'll need to pay for a subscription based on the pricing of your selected plan. This section is for the subscriber.

Trial subscriptions: When you first sign up, you can opt for a free trial. If you choose to continue using our Serviceafter the trial, you'll be billed when you add your payment details. If you choose not to continue, your account may be deactivated.

Batchbase pricing plans: Your use of our Service requires you to pay a subscription fee (monthly or annually) based on your subscription type (the subscription fee). The pricing plan consists of the subscription and subscription feeswe offered you, including invoicing, payment, auto-renewal, and cancellation terms. We may update the pricing plan from time to time, but changes won't apply retrospectively. If we make changes, we'll provide you with advance notice.

Taxes: You're responsible for paying all external fees and taxes (like GST) associated with your use of our Service. Our pricing plans will specify whether GST is inclusive or exclusive.

Professional Services: You may require services that fall outside the scope of our standard Service, such as advanced data migration or dedicated, on-site training. These are considered Professional Services and will incur an additional fee. We will provide a clear Statement of Work and quote for any Professional Services before work begins.

Importance of timely payments: To continue accessing our Service, you need to make timely payments. If we don't receive payment on time, we may suspend your access until the payment is made.

Data Use and Privacy

This section explains how we handle your data. Your privacy and data security are incredibly important to us.

Use of data: When you enter or upload your data into our Service, we don't own that data. You grant us a licence to use, copy, transmit, store, and back up your data to enable you to use the Service, to allow us to improve and protect the Service, and to communicate with you about your subscription.

Privacy and Data Processing: We respect your privacy and take data protection seriously. Our Privacy Notice describes how we process your personal data (like your name and email address). Our Data Processing Terms apply to the data we process on your behalf (like your recipes, customer lists, and supplier details).

Anonymised statistical data: We may create anonymised statistical data from your data and usage of our Service. Once anonymised, we may use it for our own purposes, such as to provide and improve our Service, to identify business trends (e.g., ingredient cost fluctuations), and for other uses we communicate to you.

Security

We take security seriously, and you should too.

Security safeguards:We've invested in technical, physical, and administrative safeguards to help keep your data safe and secure. While we've taken steps to help protect your data, no method of electronic storage is 100% secure, and we cannot guarantee absolute security.

Playing your part to secure your data: You have an important part to play by keeping your login details secure and ensuring you have strong security on your own systems. If you notice any unauthorised use of your password or account, you must let us know immediately.

Maintenance, Downtime and Data Loss

Sometimes we need to perform maintenance, and you may have occasional access issues. Backing up your data is important.

Availability: We strive to maintain the availability of our Service 24 hours a day. On occasion, we need to perform maintenance, which may require a period of downtime. We try to minimise any such downtime and will attempt to notify you in advance of any planned maintenance.

Data loss: Data loss is an unavoidable risk when using any technology. You're responsible for maintaining copies of your data entered into our Service. We provide tools to help you export your data.

Problems and support: If you have a problem, you can contact our support team through the in-app ticketing system.

Modifications: We frequently release new updates, modifications, and enhancements to our Service, and in some cases, may discontinue features. We'll endeavour to notify you of any material changes where practical.

Do's and Don'ts

This section is super important because it outlines how you can (and can't) use our Service.

Feedback: We love your feedback and may use it without restriction to improve Batchbase.

Responsible use: We ask that you use our Service responsibly and not in a way we see as excessive or unreasonable. This also means some features may be subject to limits based on your plan (e.g., number of SKUs, users, or raw materials).

Things you mustn't ever do:

• Undermine the security or integrity of our computing systems.
• Use our Service in any way that might impair functionality or interfere with other users.
• Access any system without permission.
• Introduce anything to our Service that includes viruses or other malicious code.
• Share anything that may be offensive, violates any law, or infringes on the rights of others.
• Modify, copy, adapt, reproduce, or reverse engineer any part of our Service.
• Resell, lease, or provide our Service in any way not expressly permitted.
• Act in a manner that is abusive or disrespectful to a Batchbase employee or another customer. We will not tolerate any abuse or bullying.

Termination

You can terminate your subscription at the end of your billing period. We may terminate your subscription if you violate these terms.

Subscription period and renewal: Your subscription continues for the period covered by the subscription fee (monthly or annually). At the end of each billing period, your subscription will automatically renew for a further period of the same duration, provided you continue to pay the subscription fee.

Termination by you: You may choose to terminate your subscription at any time. Your termination will be effective at the end of your current paid billing period. You can manage your subscription within the Batchbase platform. You'll still need to pay all relevant subscription fees up to and including the day your subscription ends.

Termination by Batchbase:Batchbase may choose to terminate your subscription at any time by providing you with one month's written notice in advance. Batchbase may also terminate or suspend your subscription immediately if:

• you breach any of these terms and do not remedy the breach within 14 days,
• you breach any of these terms and the breach cannot be remedied,
• you fail to pay subscription fees, or
• you or your business become insolvent.

No refunds: No refund is due to you if you terminate your subscription or Batchbase terminates it in accordance with these terms.

Retention of your data: Once a subscription is terminated, it is archived. We retain your data for a period of 90 days, during which a subscriber can reactivate the subscription by paying any outstanding fees. We recommend you export your data before your subscription ends. After 90 days, your data may be permanently deleted.

Liability and Indemnity

This section is important as it outlines liability terms between us, so we urge you to read it closely.

You indemnify us: You indemnify us against all losses, costs, and expenses that we incur arising out of a third-party claim against us relating to your use of our Service.

Disclaimer of warranties: Our Serviceis made available to you on an "as is" basis. We disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability, and fitness for a particular purpose.

Limitation of liability: Our total aggregate liability to you is limited to the total amount you paid us for your subscription in the 12 months immediately preceding the date on which the claim arose. We have no liability for any loss of revenue or profit, or for any indirect or consequential loss.

Important Housekeeping

Here are some additional, important terms.

No professional advice:Batchbase is a powerful software tool, not a professional services firm. We don't provide legal, financial, accounting, or food safety compliance advice. The information we provide should not be seen as a substitute for professional advice.

Events outside our control:We aren't liable to you for any failure or delay in performance of our obligations arising out of any event or circumstance beyond our reasonable control.

Changes to these terms:We may decide to change these terms of use. Changes won't apply retrospectively. We will endeavour to provide you with 30 days' notice of material changes before they become effective.

Batchbase contracting entity, law and venue:

• Entity: Firehawk Analytics Group Pty Ltd
• Law: Victoria, Australia
• Venue: Victoria, Australia

You've made it to the end. Thanks for reading our terms!