Terms of Service — AllergenBuilder

AllergenBuilder Terms of Service

Effective Date: June 26, 2026

1. Acceptance of Terms

By creating an account on AllergenBuilder ("Service"), you ("Operator") agree to be bound by these Terms of Service ("Terms"). If you are creating an account on behalf of a business, you represent that you have the authority to bind that business to these Terms. If you do not agree to these Terms, you may not use the Service.

2. Description of Service

AllergenBuilder is a software tool that processes recipe cards, supplier invoices, and ingredient data that you provide in order to generate allergen disclosure menus for your food service business. The Service retrieves ingredient and allergen data from third-party supplier sources to assist in this process.

The Service is designed to assist you in generating allergen disclosures. It does not guarantee regulatory compliance, replace a trained food safety program, verify cross-contamination risks, or serve as an authoritative allergen management record.

3. Operator Responsibilities

You are solely responsible for:

(a) Providing accurate, complete, and current recipe cards, ingredient lists, and other data uploaded to the Service;

(b) Verifying that supplier product matches selected during the review process are correct for your intended use;

(c) Reviewing all allergen disclosures generated by the Service for accuracy before displaying them to diners, staff, or the public;

(d) Complying with all applicable federal, state, and local laws governing food allergen disclosure, including the Food Allergen Labeling and Consumer Protection Act (FALCPA), the Food Allergy Safety, Treatment, Education, and Research (FASTER) Act, and any applicable state and local regulations;

(e) Maintaining an independent food safety and allergen management program. The Service does not substitute for trained food safety personnel or a formal allergen management program.

4. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

AllergenBuilder does not warrant that:

(a) Allergen disclosures generated by the Service are accurate, complete, current, or suitable for any regulatory or legal purpose;

(b) Ingredient and allergen data retrieved from third-party supplier sources is accurate, complete, or up to date — such data is sourced from publicly accessible third-party sources, and AllergenBuilder is not affiliated with any supplier and makes no representations about the accuracy of their data;

(c) Automated processing, including computer vision interpretation of uploaded images and language model analysis of ingredient data, will perfectly capture or interpret all inputs. Output quality is directly dependent on the quality, legibility, and completeness of the data you provide. All outputs must be independently verified before use;

(d) The Service will be uninterrupted, error-free, or free from security vulnerabilities.

5. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

(a) ALLERGENBUILDER SHALL NOT BE LIABLE FOR ANY ALLERGIC REACTION, INJURY, ILLNESS, DEATH, OR OTHER HARM TO ANY PERSON RESULTING FROM USE OF THE SERVICE OR FROM ALLERGEN DISCLOSURES GENERATED BY THE SERVICE.

(b) ALLERGENBUILDER SHALL NOT BE LIABLE FOR ANY INACCURACIES IN ALLERGEN DISCLOSURES DISPLAYED TO DINERS OR ANY OTHER PARTY.

(d) IN NO EVENT SHALL ALLERGENBUILDER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, PERSONAL INJURY, OR DEATH, EVEN IF ALLERGENBUILDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(e) ALLERGENBUILDER'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (i) THE TOTAL AMOUNTS YOU HAVE PAID TO ALLERGENBUILDER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (ii) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of liability for personal injury or certain other damages. In such jurisdictions, the foregoing limitations apply to the fullest extent permitted by law.

6. Indemnification

You agree to defend, indemnify, and hold harmless AllergenBuilder and its officers, directors, 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 or any allergen disclosures generated through the Service;

(b) Inaccurate, incomplete, or outdated data you provided to the Service;

(d) Your violation of any applicable food safety or allergen disclosure law;

(e) Any claim by a third party (including diners or employees) relating to allergen information derived from your use of the Service.

7. User Accounts

(a) You agree to provide accurate information when creating your account and to keep it current.

(b) You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

(d) AllergenBuilder may suspend or terminate your account if you violate these Terms or use the Service in a manner that could harm AllergenBuilder or others.

8. Data and Privacy

(a) You retain ownership of all recipe cards, ingredient data, and other content you upload to the Service.

(b) AllergenBuilder does not use your uploaded recipe or ingredient content to train AI or machine learning models, or for any purpose other than providing the Service to you.

(c) Uploaded content and extracted data is processed through Amazon Web Services (AWS) infrastructure as part of the Service. By using the Service, you consent to this processing.

(d) AllergenBuilder's collection, use, and handling of personal data is described in the Privacy Policy, which is incorporated into these Terms by reference.

9. Third-Party Services

The Service retrieves ingredient and allergen data from publicly accessible third-party supplier sources. AllergenBuilder is not affiliated with, endorsed by, or in a commercial relationship with any supplier whose data may appear in the Service. Supplier data may be incomplete, outdated, or inaccurate, and AllergenBuilder makes no representations regarding it.

The Service uses Amazon Web Services (AWS) infrastructure. Your use of the Service is subject to AWS's applicable terms of service with respect to that infrastructure layer.

10. Billing and Payment

Details regarding paid access, pricing, billing cycles, cancellation, and refunds are described on the pricing page and are incorporated into these Terms by reference. AllergenBuilder reserves the right to modify pricing with reasonable advance notice.

11. Prohibited Uses

You may not:

(a) Resell, sublicense, or distribute the Service or its output as a standalone allergen compliance product;

(b) Use the Service as a substitute for independent allergen verification by qualified personnel;

(d) Use the Service in violation of any applicable law or regulation.

12. Modifications

AllergenBuilder may update these Terms from time to time. We will notify you of material changes via email or an in-app notice. Your continued use of the Service after the effective date of any change constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

AllergenBuilder may modify, suspend, or discontinue the Service at any time with reasonable notice.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Minnesota, without regard to its conflict of law principles.

Before initiating any legal proceeding, you agree to provide AllergenBuilder with written notice of the dispute and a reasonable opportunity (not less than 30 days) to resolve it informally.

Any dispute that cannot be resolved informally shall be subject to the exclusive jurisdiction of the state or federal courts located in Minnesota. You consent to personal jurisdiction in those courts.

14. General Provisions

(a) Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

(b) Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and AllergenBuilder regarding the Service and supersede all prior communications or agreements.

(c) No Waiver. Failure to enforce any provision of these Terms does not waive AllergenBuilder's right to enforce it in the future.

(d) Assignment. AllergenBuilder may assign these Terms in connection with a merger, acquisition, or sale of assets. You may not assign your rights or obligations under these Terms without AllergenBuilder's prior written consent.

(e) Contact. Questions about these Terms may be directed to allergenbuilder@gmail.com.