The terms that govern your use of BrineHive.
Questions about this terms & conditions? Email us at [email protected] — we'll respond within 2 business days.
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and BrineHive ("BrineHive," "we," "us," or "our") governing your access to and use of the BrineHive digital temperature logging platform, including the website at brinehive.com and all related services (collectively, the "Service").
By creating an account, clicking "I agree," or otherwise accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Service.
You must be at least 18 years of age and have the authority to enter into a binding contract on behalf of yourself or your business to use the Service. By accepting these Terms, you represent that you meet these requirements.
Questions? Contact us at [email protected].
BrineHive provides a software-as-a-service platform that enables food service operators to digitally record and manage equipment and food temperature logs, receive out-of-range alerts, and generate compliance reports. The Service is intended as a documentation and management tool for internal use by food service businesses.
Important: BrineHive is a recordkeeping tool. It does not guarantee regulatory compliance, replace professional food safety advice, or serve as a substitute for your obligations under applicable federal, state, or local food safety laws and regulations. You remain solely responsible for ensuring that your food safety practices meet all applicable legal requirements.
To access the Service, you must register for an account using a valid email address. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at [email protected] if you suspect any unauthorized access to your account. We are not liable for any losses arising from your failure to protect your credentials.
Each BrineHive account is associated with a single organization. You may not create multiple accounts to circumvent plan limits or access restrictions.
The Service includes a QR code feature that allows staff members to submit temperature readings without creating an account. You are responsible for the use of any QR codes generated under your account, including securing physical QR codes from unauthorized use.
The Service is designed for use by lawfully operating food service businesses, including but not limited to restaurants, food trucks, catering operations, commissary kitchens, delis, and other establishments that prepare, serve, or hold food for consumption.
You agree not to use the Service:
We reserve the right to suspend or terminate accounts that violate these provisions without notice and without refund.
The Service is offered under various subscription plans with different features and limits, as described on our pricing page. We reserve the right to modify plan features and pricing with reasonable notice to existing subscribers.
We may offer a free trial period for new accounts. At the end of the trial, your account will require a paid subscription to continue accessing paid features. We will notify you before your trial expires.
Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. All payments are processed by Stripe. By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel. All fees are in US dollars and are non-refundable except as described in Section 5.5.
Your subscription automatically renews at the end of each billing period unless you cancel before the renewal date. You can cancel at any time through your account's billing portal.
We do not offer refunds for partial billing periods. If you cancel your subscription, you will retain access to the Service until the end of your current paid period. If you believe you have been charged in error, contact us at [email protected] within 30 days of the charge and we will review your request in good faith.
If a payment fails, we will notify you and provide a grace period to update your payment method. If payment is not received within that period, we may suspend or downgrade your account. We will restore full access upon receipt of payment.
Each subscription plan includes limits on the number of locations, equipment units, food items, and log history days. If your usage reaches a plan limit, you will be prompted to upgrade. We will not delete existing data if you exceed a limit — we will simply restrict the ability to add new items until you upgrade or reduce usage.
You retain full ownership of all temperature logs, organization data, and other content you submit to the Service ("Your Data"). We do not claim any ownership rights over Your Data.
By submitting Your Data to the Service, you grant us a limited, non-exclusive, royalty-free license to store, process, and display Your Data solely for the purpose of providing the Service to you. We do not use Your Data for any other purpose.
You may export your temperature log data as a PDF compliance report at any time from within the Service. We encourage you to export your records before cancelling your account. In the event that BrineHive ceases operations, we will provide at least 30 days' advance notice and a mechanism to export your data before the Service is shut down.
Following cancellation of your account or expiry of your subscription, your temperature log data will be retained for 90 days, during which time you may log in and export your records. After 90 days, your data will be permanently deleted. See our Privacy Policy for full retention details.
BrineHive records and timestamps temperature readings as submitted. We do not independently verify the accuracy of temperature readings entered by your staff. You are responsible for ensuring that your staff enters accurate readings and that your temperature logging practices comply with applicable regulations.
The Service, including its software, design, features, trademarks, and content (excluding Your Data), is owned by BrineHive and protected by applicable intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works from any part of the Service without our prior written consent.
If you provide us with suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without compensation or attribution to you.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TEMPERATURE ALERTS DEPEND ON YOUR STAFF ACTIVELY SUBMITTING READINGS — BRINEHIVE IS NOT A CONTINUOUS MONITORING OR SENSOR-BASED SYSTEM AND CANNOT DETECT EQUIPMENT FAILURES IN REAL TIME.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRINEHIVE AND ITS OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, FOOD SPOILAGE, REGULATORY FINES, BUSINESS INTERRUPTION, OR PERSONAL INJURY, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED US DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless BrineHive and its officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) any claim that Your Data infringes the rights of a third party; or (e) any regulatory action, fine, or citation arising from your food safety practices.
Before initiating any formal dispute process, you agree to contact us at [email protected] and give us 30 days to attempt to resolve the dispute informally. Most concerns can be resolved this way.
If we cannot resolve the dispute informally, you and BrineHive agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service — including questions about the existence, validity, or scope of this arbitration agreement — shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration will take place in Pennsylvania, or by videoconference if you prefer. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
YOU AND BRINEHIVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any class or representative proceeding.
Notwithstanding the above, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or other rights where irreparable harm may result. Seeking such relief does not waive the right to arbitrate other claims.
You may opt out of the arbitration agreement by sending written notice to [email protected] within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you are opting out of arbitration. Opting out does not affect any other provision of these Terms.
These Terms are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles. To the extent any dispute is not subject to arbitration under Section 11, you consent to the exclusive jurisdiction of the state and federal courts located in Pennsylvania for the resolution of such disputes.
You may cancel your account at any time through the billing portal in your account settings or by contacting us at [email protected]. Cancellation takes effect at the end of your current billing period.
We may suspend or terminate your account immediately and without prior notice if: (a) you materially breach these Terms; (b) we determine in our sole discretion that your use of the Service poses a risk to us, other users, or third parties; (c) you provide false information in connection with your account; or (d) we are required to do so by law.
Where possible, we will provide notice and an opportunity to remedy a breach before terminating. We will not provide notice where doing so would expose us or others to harm or legal liability.
Upon termination, your right to access the Service ceases immediately. The provisions of these Terms that by their nature should survive termination — including Sections 6, 7, 8, 9, 10, 11, 12, and 13.3 — will survive.
We may update these Terms from time to time. When we make material changes, we will notify you by email and update the effective date shown at the top of this page. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and cancel your account.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and BrineHive regarding the Service and supersede all prior agreements, representations, and understandings.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. A waiver of any provision will be effective only if in writing and signed by an authorized representative of BrineHive.
You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
BrineHive will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, acts of government, internet outages, or third-party service failures.
For any questions about these Terms, contact us at:
BrineHive
Email: [email protected]