Terms of service

GASTROELEVATE GROUP

Food Safety & Hospitality Consulting

Terms and Conditions of Use

Last updated: May 20, 2026

Effective date: May 20, 2026

Website: www.gastroelevategroup.com

Contact: info@gastroelevategroup.com

 

Welcome to GastroElevate Group. These Terms of Service (“Terms”, “Agreement”) constitute a legally binding agreement between you (“User”, “Client”, “Subscriber”, “you”, “your”) and GastroElevate Group (“GastroElevate”, “Company”, “we”, “us”, “our”), governing your access to and use of our platform, website, software-as-a-service (SaaS) tools, artificial intelligence features, templates, reports, APIs, and any related services (collectively, the “Services”).


By creating an account, accessing, or using any part of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Acceptable Use Policy, and our Data Processing Addendum. If you do not agree to these Terms, you must not access or use the Services.


If you are entering into these Terms on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to “you” or “your” shall refer to that entity.


1. Definitions

  • “Account” means the user account created to access and use the Services, including all associated credentials, settings, data, and configurations.

  • “AI Features” means any artificial intelligence, machine learning, automated decision-making, or algorithmic functionality provided as part of the Services. AI Features are experimental and advisory in nature and are subject to change, modification, or discontinuation at any time without notice.

  • “Content” means any data, text, files, documents, templates, reports, checklists, images, information, or other materials uploaded, submitted, generated, stored, or transmitted through the Services by any User.

  • “Elevate Plan” means the paid subscription plan providing access to the Platform tools, priced as listed on the website at the time of subscription. Pricing may vary by currency and is subject to change.

  • “Enterprise Plan” means the custom subscription plan governed by a separate Enterprise Agreement that must be mutually agreed upon and signed by both GastroElevate and the Client before any payment is processed or services are delivered.

  • “Intellectual Property” means all patents, copyrights, trademarks, trade secrets, know-how, algorithms, software code, designs, templates, methodologies, and all other intellectual property rights owned by or licensed to GastroElevate.

  • “Platform” means the GastroElevate web application, interfaces, APIs, integrations, and all related technology infrastructure.

  • “Services” means all products, tools, features, content, templates, APIs, support, and capabilities offered by GastroElevate Group through the Platform, as they exist from time to time.

  • “Spark Plan” means the free-tier access plan providing limited access to select tools. Features, availability, and scope of the Spark Plan are determined solely by GastroElevate and may be modified or discontinued at any time.

  • “Subscription” means the recurring payment arrangement under which Users access paid Plans.

  • “User Data” means all data, information, and content that Users upload, submit, generate, or store through the Services.


2. Account Terms

2.1 Eligibility

  1. You must be at least 18 years of age, or the age of legal majority in your jurisdiction, to create an Account.

  2. You must be using the Services for legitimate business or professional purposes.

  3. You must provide accurate, current, and complete registration information. Failure to do so constitutes a breach of these Terms.

  4. GastroElevate reserves the right to reject any Account application, or suspend or terminate any existing Account, for any reason, at our sole discretion, without obligation to provide a reason.

2.2 Account Security

  1. You are solely responsible for maintaining the confidentiality and security of your Account credentials.

  2. You must immediately notify GastroElevate of any unauthorized access to your Account.

  3. GastroElevate shall not be liable for any loss or damage arising from your failure to protect your Account credentials or from unauthorized access to your Account.

  4. We may require additional security measures at any time at our discretion.

2.3 Account Ownership and Disputes

  1. The person or entity completing the registration process is the Account owner.

  2. In the event of an Account ownership dispute, GastroElevate reserves the sole right to determine ownership, suspend the Account pending resolution, request documentary evidence, and/or transfer the Account as we see fit. GastroElevate’s determination shall be final and binding.


3. Description of Services

GastroElevate provides a cloud-based SaaS platform for the food safety and hospitality industry. The specific features, tools, functionalities, and scope of the Services may change at any time without prior notice. GastroElevate makes no commitment that any particular feature, tool, or functionality will remain available.


3.1 Service Plans

Spark Plan (Free): Limited access as determined solely by GastroElevate. No payment required. May be modified, limited, or discontinued at any time without notice or compensation.


Elevate Plan (Paid): Access to Platform tools as available at the time of subscription. Pricing is as listed on the website and may vary by currency. Features included in the Elevate Plan may change. Billed monthly. Cancel anytime; cancellation takes effect at end of current billing period.


Enterprise Plan (Custom): Governed exclusively by a separate Enterprise Agreement. Before any payment is processed or services commence, GastroElevate will draft and deliver a detailed Enterprise Agreement specifying the scope of services, deliverables, features, service-level agreements (SLAs), pricing, payment schedule, duration, renewal terms, and any special conditions. This Enterprise Agreement must be reviewed, agreed upon, and signed by both parties before the engagement begins. No payment shall be requested or accepted prior to mutual execution of the Enterprise Agreement. In the event of conflict between these Terms and an Enterprise Agreement, the Enterprise Agreement prevails for Enterprise subscribers only.


3.2 Enterprise Agreement Process

  1. Prior to onboarding any Enterprise Client, GastroElevate will prepare and deliver a written Enterprise Agreement detailing: (i) the specific scope of services and deliverables; (ii) all applicable fees, pricing, and payment schedules; (iii) contract duration and renewal terms; (iv) service-level commitments, if any; (v) dedicated support and onboarding arrangements; (vi) data handling and jurisdiction-specific compliance provisions; and (vii) any other terms specific to the engagement.

  2. The Enterprise Agreement must be signed by authorized representatives of both GastroElevate and the Client before any services are rendered or any payment is processed. Digital signatures are accepted.

  3. No verbal or informal commitment, email exchange, or preliminary discussion shall constitute a binding Enterprise Agreement. Only the fully executed written Enterprise Agreement shall be binding.

  4. Amendments to an existing Enterprise Agreement must be agreed upon in writing by both parties. Unilateral amendments are not permitted.


3.3 Service Availability

THE SERVICES ARE PROVIDED ON AN “AS AVAILABLE” BASIS. GASTROELEVATE DOES NOT GUARANTEE ANY SPECIFIC LEVEL OF AVAILABILITY, UPTIME, PERFORMANCE, OR RELIABILITY. The Services may be subject to interruptions, outages, delays, or errors at any time, with or without notice, for maintenance, updates, security reasons, or for any other reason.


  1. GastroElevate shall not be liable for any damages, losses, or consequences arising from any interruption, suspension, or discontinuation of the Services, whether planned or unplanned.

  2. GastroElevate reserves the right to modify, suspend, or discontinue all or any part of the Services at any time, with or without notice.


4. Payment, Billing, and Pricing

4.1 Fees

  1. Subscription fees are as listed on the GastroElevate website at the time of your subscription. All fees are exclusive of applicable taxes (VAT, GST, sales tax, or equivalent), which will be added where required by law. You are responsible for all applicable taxes.

  2. GastroElevate uses third-party payment processors. By providing payment information, you authorize charges for all applicable fees. GastroElevate is not responsible for errors, delays, or failures by third-party payment processors.

4.2 Failed Payments

  1. If your payment method fails, GastroElevate may retry the charge. If payment remains unsuccessful after 14 days, GastroElevate may immediately suspend or terminate your Account and access to the Services without further notice.

  2. You remain liable for all unpaid fees, including any costs incurred by GastroElevate in collecting overdue amounts.

4.3 Price Changes

  1. GastroElevate reserves the right to change pricing at any time. For existing paid subscribers, price changes will be communicated via email at least 14 days before taking effect. Continued use after the effective date constitutes acceptance.

  2. Promotional pricing, discounts, and special offers are at GastroElevate’s sole discretion, may be withdrawn at any time, and create no entitlement to future pricing at the same or similar level.

4.4 No Refunds

ALL FEES ARE NON-REFUNDABLE UNLESS OTHERWISE REQUIRED BY MANDATORY APPLICABLE LAW. Due to the digital nature of the Services and immediate access upon subscription, no refunds or credits will be issued for partial billing periods, unused features, downtime, or dissatisfaction with the Services. Cancellation takes effect at the end of the current billing period.


5. Your Responsibilities

YOU ACKNOWLEDGE AND AGREE THAT:


  1. You are solely responsible for all Content you upload, submit, or generate through the Services, including its accuracy, legality, and compliance with all applicable laws.

  2. You are solely responsible for ensuring your use of the Services complies with all applicable food safety, health, hygiene, labor, data protection, consumer protection, and other laws and regulations in every jurisdiction where you operate. GastroElevate does not monitor or verify your compliance.

  3. The Services are tools designed to assist, not replace, professional food safety auditors, legal advisors, regulatory authorities, or qualified consultants. You must not treat any output from the Services as a substitute for qualified professional advice.

  4. You are solely responsible for independently verifying that any templates, checklists, recommendations, or outputs provided through the Services meet the specific and current requirements of your local regulatory authorities.

  5. You are responsible for maintaining independent backup copies of all your critical business data. GastroElevate accepts no liability for data loss, corruption, or unavailability.

  6. Any regulatory compliance achieved through the use of the Services is your sole responsibility. GastroElevate does not represent, warrant, or guarantee that use of the Services will result in compliance with any law, regulation, standard, or requirement.


6. Acceptable Use Policy

You agree not to use the Services to:

  • Violate any applicable law, regulation, or third-party right.

  • Upload, transmit, or store any unlawful, fraudulent, defamatory, obscene, harassing, threatening, or otherwise objectionable content.

  • Attempt to gain unauthorized access to any part of the Services, other Accounts, or connected systems.

  • Reverse-engineer, decompile, disassemble, or attempt to derive source code from the Platform.

  • Use automated means (bots, scrapers, crawlers) to access or extract data without prior written consent.

  • Sublicense, resell, rent, lease, transfer, or distribute access to the Services to any third party.

  • Circumvent, disable, or interfere with any security or access-control features.

  • Use the Services in any manner that could damage, disable, overburden, or impair GastroElevate infrastructure.

  • Misrepresent your identity, affiliation, or authority.

  • Use AI Features to generate content for purposes unrelated to your business operations.


Violation of this policy may result in immediate suspension or termination of your Account without notice, without refund, and without liability to GastroElevate.


7. Intellectual Property

7.1 GastroElevate IP

All Intellectual Property in and relating to the Services, including the Platform, software, source code, algorithms, AI models, user interface designs, templates, methodologies, documentation, branding, logos, and all related materials, is and shall remain the exclusive property of GastroElevate Group or its licensors. No rights are transferred to you except the limited license expressly granted herein.

7.2 Limited License

Subject to your compliance with these Terms and payment of applicable fees, GastroElevate grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business purposes during the term of your Subscription. This license is automatically revoked upon termination of your Account.

7.3 Your Content

You retain ownership of your User Data. By using the Services, you grant GastroElevate a worldwide, royalty-free, non-exclusive license to host, store, process, reproduce, and display your User Data solely as necessary to provide, maintain, and improve the Services. This license survives termination only to the extent necessary for GastroElevate to comply with legal obligations.

7.4 Feedback

Any feedback, suggestions, ideas, or improvement requests you provide ("Feedback") shall become the exclusive property of GastroElevate. You irrevocably assign all rights in any Feedback to GastroElevate, who may use Feedback for any purpose without restriction, attribution, or compensation.


8. AI Features — Disclaimer and Limitation

THIS SECTION IS CRITICAL. PLEASE READ CAREFULLY.


  1. ALL AI FEATURES ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

  2. AI Features are experimental, advisory, and supplementary tools only. They are NOT a substitute for professional judgment, qualified food safety expertise, legal advice, or regulatory compliance assessment.

  3. AI-generated outputs may contain errors, inaccuracies, omissions, biases, hallucinations, or outdated information. GastroElevate makes NO representation or warranty regarding the accuracy, completeness, reliability, suitability, or fitness for purpose of any AI-generated content.

  4. You are SOLELY responsible for reviewing, verifying, and validating ALL AI outputs before relying on them for any decision whatsoever.

  5. GASTROELEVATE SHALL HAVE NO LIABILITY WHATSOEVER for any loss, damage, regulatory penalty, fine, sanction, business interruption, personal injury, property damage, or any other consequence of any kind arising from reliance on AI-generated content.

  6. AI Features may be modified, retrained, degraded in quality, or discontinued at any time without notice. GastroElevate makes no commitment to maintaining any specific level of AI quality, accuracy, or availability.

  7. GastroElevate does not guarantee that AI Features will detect all risks, hazards, compliance gaps, or operational issues.

  8. You agree to indemnify GastroElevate against any claim arising from your reliance on AI-generated content without independent verification.


9. Data Protection and Privacy

9.1 Data Processing

  1. GastroElevate processes personal data in accordance with our Privacy Policy and applicable data protection laws, including, where applicable, the GDPR (EU) 2016/679, UK GDPR, LGPD (Brazil), and other relevant legislation.

  2. Where GastroElevate acts as a Data Processor on behalf of a User acting as Data Controller, our Data Processing Addendum (DPA) applies.

9.2 Security

GastroElevate implements commercially reasonable security measures to protect User Data. However, no method of electronic transmission or storage is 100% secure. GASTROELEVATE DOES NOT WARRANT OR GUARANTEE THE ABSOLUTE SECURITY OF USER DATA AND SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS, BREACH, OR DATA LOSS, EXCEPT TO THE EXTENT CAUSED BY GASTROELEVATE’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

9.3 Data Retention and Deletion

  1. User Data is retained for the duration of your Account plus a reasonable period thereafter for legal, regulatory, or legitimate business purposes as determined by GastroElevate.

  2. Upon Account termination, you may request data export within 30 days by emailing info@gastroelevategroup.com. After this period, GastroElevate may permanently delete User Data without further notice, subject to legal retention obligations.

  3. Aggregated, anonymized data that cannot identify any individual may be retained and used indefinitely.

9.4 International Data Transfers

User Data may be transferred to, stored, and processed in any country where GastroElevate or its service providers operate. By using the Services, you consent to such transfers. Where required by law, appropriate safeguards (such as Standard Contractual Clauses) will be implemented.


10. Confidentiality

  1. Each party agrees to maintain the confidentiality of non-public information disclosed by the other party (“Confidential Information”).

  2. Confidentiality obligations do not apply to information that: (a) becomes publicly available without fault of the receiving party; (b) was already known to the receiving party; (c) is independently developed; or (d) must be disclosed by law (with reasonable notice to the disclosing party where legally permissible).

  3. Upon termination, each party shall destroy or return Confidential Information upon written request, except to the extent retention is required by law.


11. Limitation of Liability

THIS SECTION LIMITS GASTROELEVATE’S LIABILITY. PLEASE READ CAREFULLY.


11.1 Disclaimer of Warranties

THE SERVICES, INCLUDING ALL CONTENT, TOOLS, TEMPLATES, AI FEATURES, AND OUTPUTS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. GASTROELEVATE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY, AND TITLE.


GASTROELEVATE DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY RESULTS OBTAINED WILL BE ACCURATE OR RELIABLE; (D) ERRORS WILL BE CORRECTED; (E) THE SERVICES WILL ACHIEVE ANY PARTICULAR OUTCOME, INCLUDING REGULATORY COMPLIANCE; OR (F) THE SERVICES WILL BE COMPATIBLE WITH YOUR SYSTEMS.

11.2 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GASTROELEVATE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY:

  • Indirect, incidental, special, consequential, exemplary, or punitive damages.

  • Loss of profits, revenue, data, business, goodwill, or anticipated savings.

  • Business interruption, loss of business opportunity, or reputational damage.

  • Regulatory fines, penalties, sanctions, or enforcement actions.

  • Cost of procurement of substitute services.

  • Damages arising from unauthorized access to, alteration of, or loss of your data.

  • Any loss arising from your reliance on AI-generated content.

  • Any other pecuniary or non-pecuniary loss, howsoever arising.

11.3 Liability Cap

REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY, GASTROELEVATE’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE LESSER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO GASTROELEVATE DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED EUROS (€100).


THESE LIMITATIONS APPLY EVEN IF GASTROELEVATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, GASTROELEVATE’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.


12. Indemnification

You agree to indemnify, defend, and hold harmless GastroElevate Group, its directors, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable legal fees) arising from or related to:

  • Your use or misuse of the Services.

  • Your breach of these Terms, any policy, or any applicable law.

  • Your Content or User Data, including any infringement claims.

  • Your violation of any third party’s rights.

  • Any regulatory action, fine, penalty, or enforcement proceeding arising from your operations or your use of the Services.

  • Any claim by your employees, customers, guests, partners, or any third party relating to your business.

  • Your reliance on any AI-generated content without independent verification.


This indemnification obligation survives termination of these Terms and your Account.


13. Term, Cancellation, and Termination

13.1 Cancellation by You

  1. Spark Plan: Stop using the Services at any time. No formal process required.

  2. Elevate Plan: Cancel any time. Cancellation effective at end of current billing period. No refunds for unused time.

  3. Enterprise Plan: Cancellation, termination, and early exit terms are governed exclusively by the signed Enterprise Agreement. Early termination fees and notice periods as specified in the Enterprise Agreement shall apply. No unilateral termination is permitted unless expressly provided for in the Enterprise Agreement.

13.2 Termination by GastroElevate

GastroElevate may suspend or terminate your Account at any time, with or without cause, with or without notice. Without limiting the foregoing, termination may occur if:

  • You breach any provision of these Terms.

  • Your payment fails and remains unresolved for 14+ days.

  • We reasonably believe your use poses a security risk or may cause harm or liability.

  • Your Spark Account is inactive for 12+ consecutive months.

  • Required by law, regulation, or court order.

  • We discontinue all or part of the Services.

  • For any other reason at our sole discretion.

13.3 Effect of Termination

  1. Upon termination, your access to the Services ceases immediately. No refunds or credits will be issued.

  2. You may request data export within 30 days by emailing info@gastroelevategroup.com. After 30 days, GastroElevate may permanently delete all your data.

  3. Sections 7, 8, 10, 11, 12, 15, and 17 survive termination indefinitely.

  4. GastroElevate shall have no liability to you or any third party for any termination of your access to the Services.


14. Modifications to Terms and Services

  1. GastroElevate reserves the right to modify these Terms at any time. Changes will be communicated via email and/or in-platform notification. Changes take effect 14 days after notice unless a longer period is required by mandatory law.

  2. Continued use of the Services after the effective date constitutes acceptance. If you disagree, you must stop using the Services and cancel before the effective date.

  3. GastroElevate may modify, update, add, or remove any feature, tool, or functionality of the Services at any time, with or without notice, and without liability to you.


15. Governing Law and Dispute Resolution

15.1 These Terms shall be governed by and construed exclusively in accordance with the laws of the Netherlands, without regard to its conflict of laws provisions.


15.2 Any and all disputes, claims, or controversies arising out of or relating to these Terms, the Services, or your relationship with GastroElevate shall be submitted to the exclusive jurisdiction of the competent courts of The Hague, the Netherlands. You irrevocably consent to the jurisdiction and venue of such courts and waive any objection based on inconvenient forum or lack of jurisdiction.


15.3 This choice of law and jurisdiction applies regardless of your country of residence, country of operation, or the location from which you access the Services. By using the Services, you expressly agree to this jurisdiction clause.


15.4 Before initiating any legal proceeding, you agree to first attempt informal resolution by contacting info@gastroelevategroup.com. GastroElevate will attempt to resolve the matter within 30 business days. Failure to attempt informal resolution before filing a claim may be raised as a defense by GastroElevate.


15.5 You waive any right to participate in a class action, collective action, or representative proceeding against GastroElevate. All claims must be brought individually.


15.6 Any claim arising out of or relating to these Terms or the Services must be filed within one (1) year after the cause of action arose. Claims filed after this period are permanently barred.


16. Force Majeure

GastroElevate shall not be liable for any failure or delay in performing its obligations to the extent caused by circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, government actions, sanctions, embargoes, power failures, internet outages, telecommunications failures, cyberattacks, third-party provider failures, fire, flood, strikes, or any other event of force majeure. GastroElevate’s obligations are suspended for the duration of the force majeure event without liability.


17. General Conditions

  1. Entire Agreement: These Terms, together with the Privacy Policy, Acceptable Use Policy, Data Processing Addendum, and any applicable Enterprise Agreement, constitute the entire agreement and supersede all prior agreements, representations, and understandings, whether written or oral.

  2. Severability: If any provision is held invalid, illegal, or unenforceable, the remaining provisions remain in full force. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

  3. No Waiver: No failure or delay by GastroElevate in exercising any right constitutes a waiver. No single exercise of any right precludes further exercise.

  4. Assignment: You may not assign or transfer any rights under these Terms without GastroElevate’s prior written consent. GastroElevate may freely assign these Terms to any affiliate, successor, or acquirer.

  5. No Agency: Nothing creates any partnership, joint venture, employment, franchise, or agency relationship.

  6. Notices: Notices to you will be sent to the email on your Account. Notices to GastroElevate must be sent to info@gastroelevategroup.com. Notices are effective upon sending.

  7. Language: These Terms are in English. In case of conflict with any translation, the English version prevails.

  8. Third-Party Rights: No third party has any right to enforce these Terms.

  9. Headings: Section headings are for convenience only.

  10. Verbal Abuse: Verbal or written abuse, threats, harassment, or intimidation of any GastroElevate employee, contractor, or representative will result in immediate Account termination without refund and may result in legal action.

  11. Cumulative Remedies: All remedies available to GastroElevate under these Terms are cumulative and in addition to any other remedies available at law or in equity.


18. Contact Information

For any questions or notices relating to these Terms:


GastroElevate Group

Food Safety & Hospitality Consulting

Email: info@gastroelevategroup.com

Website: www.gastroelevategroup.com




By creating an Account or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.