Terms of Service
These terms are an agreement between Al Husn Al Arabia, a company registered in the Kingdom of Saudi Arabia and trading under the business name Foretus ("Foretus", "we"), and the business that creates a KitcheQ account ("you", "the Customer"). By ticking "I accept" you confirm that you act for a business, that you are authorised to bind it, and that you have read these terms and the country annex that applies to you.
1. What KitcheQ is
1.1 KitcheQ is an online service that receives still pictures from cameras in your kitchen, analyses them with software, and reports to you on hygiene and food-safety practices (for example head cover, gloves, open food, floor storage, pests). The report you receive each day is the service.
1.2 KitcheQ is an aid to your own food-safety management. It does not replace your legal obligations, your inspections, your records, or your judgement. It may miss a problem or report one that is not there. You remain responsible for food safety in your kitchen and for compliance with the rules that apply to you.
1.3 The service plan, the checks included, the number of cameras per site and the price are those shown on the plan page when you subscribe. We may add or improve checks at any time.
2. Your account
2.1 You give true and complete information when you register and keep it current, including your legal name, registration number, tax identity and billing email.
2.2 In some cases we may need to validate a registration, or ask for documents, before activating the account. We may decline a registration.
2.3 You are responsible for the people you give access to (your administrators, managers, supervisors, chefs) and for keeping passwords safe. Tell us at once if you suspect misuse.
3. Trial
3.1 Your subscription starts with a 15-day trial for one site and one camera. To start it you enter a payment card, which is verified but not charged.
3.2 You may cancel at any time during the trial from the subscription page; nothing is charged.
3.3 If you do not cancel, the first payment is taken on the day after the trial ends and the subscription continues as in section 4.
4. Fees and payment
4.1 Fees are per site, monthly or yearly as you choose, at the price shown when you subscribe, in the currency shown. Taxes are added where the law requires (see the annex).
4.2 Each period is charged in advance on the same day as your first payment (your billing day) to the card on file. A charged period is not refundable.
4.3 You may cancel at any time. The service continues to the end of the period already paid and no further charge is made. There is no refund for the current period.
4.4 Adding a site starts a charge for that site on your billing day, pro rata for the first partial period where we show it so when you add the site. Removing a site stops its charge at the end of its paid period.
4.5 If a payment fails we tell you by email and retry. If payment is not received within 3 days the service is suspended until your account administrator makes the payment, with the same card or a new one, from the Subscription page. Your data is kept for the period in section 6.
4.6 We may change prices with 30 days' notice by email. A change applies from your next billing day after the notice period; you may cancel before then.
4.7 Where a payment partner acts as merchant of record (the annex says where), your payment is made to that partner under its terms, and the partner's receipt is your invoice. Elsewhere Foretus invoices you.
5. Cameras, pictures and the people in them
5.1 You install the KitcheQ application on a computer at your site and choose which cameras it uses. You confirm that you own or are allowed to use those cameras and that they show only your kitchen areas, not customer areas, toilets, changing rooms or any place where people expect privacy.
5.2 The pictures show your staff. You are the controller of this personal data and Foretus is your processor: we process the pictures only to provide the service, on your instructions as set out in these terms, and for the learning described in 5.5. The data-processing terms in Annex D form part of this agreement.
5.3 You are responsible for telling your staff that cameras are used, what for, and who sees the results, in the form your law requires, and for any registration or notice the law requires from a camera operator. Rules on CCTV recording and retention in your country are yours to follow; KitcheQ is not a CCTV system and does not keep video.
5.4 We do not use face recognition and do not identify individuals. Results are about practices, not people.
5.5 Retention. Pictures are deleted as soon as the day's report has been sent, with two exceptions. Pictures the system is unsure about are placed in your review queue, where your reviewer can answer short questions; they are kept until answered or for 14 days at most, then deleted. Pictures your reviewer has answered are kept as labelled examples, with the eyes blurred, to improve the detection, until your subscription ends, when they are deleted too. The daily reports are sent to you by email; we do not keep copies of them. Pictures are stored and processed in the region named in the annex and do not leave it.
5.6 We may use results in aggregate, without pictures and without identifying you, your sites or your staff, to improve the service and for statistics.
6. Your data and ending the service
6.1 Your reports, settings and account data belong to you. Your daily reports are sent to you by email as PDF files for you to keep; we do not keep copies of them.
6.2 When the subscription ends we keep your account data for 30 days so you can return, then delete it, except what we must keep by law (invoices, tax records).
7. Availability and support
7.1 We aim for the service to be available continuously but do not guarantee it. Maintenance, failures of your internet, your cameras, your computer or of our providers may interrupt it. A daily report may be late or incomplete when pictures were not received.
7.2 Support is by email at [email protected] on working days, within one working day.
8. Acceptable use
You will not: use the service for anything unlawful; try to access other customers' data; copy, resell or reverse engineer the software or the models; point cameras at places listed in 5.1; or use the results to discipline a person without your own verification of the facts.
9. Intellectual property
The software, the models, the KitcheQ application, the reports' design and the KitcheQ name belong to Foretus or its licensors. You receive a non-exclusive, non-transferable right to use the service for your own business while you subscribe. Feedback you give may be used by us without obligation.
10. Confidentiality
Each party keeps the other's non-public information confidential and uses it only for this agreement. This does not cover information that is public, already known, or required to be disclosed by law.
11. Warranties and liability
11.1 We provide the service with reasonable skill and care. Beyond that, the service is provided as is: we do not warrant that it detects every problem, that it is free of errors, or that it meets a particular regulation.
11.2 We are not liable for fines, closures, illness, loss of business, loss of profit or indirect loss arising from a problem the service missed or reported wrongly, or from your reliance on a report instead of your own checks.
11.3 Our total liability to you under this agreement in any 12 months is limited to the fees you paid in those 12 months. This limit does not apply where the law does not allow it to be limited.
11.4 You indemnify us against claims by your staff or third parties arising from your use of cameras without the notices or permissions your law requires.
12. Suspension and termination
12.1 We may suspend the service for non-payment (4.5), for a breach of section 8, or where continuing would break the law, and tell you why.
12.2 Either party may end the agreement by cancelling the subscription (4.3). We may end it with 30 days' notice if we stop offering the service in your country; in that case we refund any period paid and not used.
13. Changes to these terms
We may change these terms. We tell you by email at least 30 days before a change applies. If you continue to use the service after that date you accept the change; if you do not, you may cancel. The version you accepted and the date are kept in your account.
14. General
14.1 This agreement is the whole agreement between us about the service and replaces earlier discussions. 14.2 Neither party is liable for delay caused by events beyond its reasonable control. 14.3 You may not transfer this agreement without our consent; we may transfer it to a successor of our business with notice to you. 14.4 Notices are sent by email to the addresses on the account. 14.5 If a clause is invalid, the rest stands. 14.6 The English text governs; a translation is for convenience.
15. Governing law and disputes
The law and the courts or arbitration that apply are those stated in the annex for your country.
Annex A - Saudi Arabia
- Party and invoices: Al Husn Al Arabia (Foretus). Fees are in Saudi riyals; 15 % VAT is added. Foretus issues an electronic invoice compliant with ZATCA for each payment.
- Payment partner: a payment service provider licensed by the Saudi Central Bank. Your card is charged by Foretus through that provider.
- Privacy law: the Personal Data Protection Law (PDPL) and its regulations. You are the controller, Foretus the processor. Annex D applies. Pictures are stored and processed in the region shown on your account.
- Staff notice: you post a visible notice at the kitchen entrance that cameras are used for food-safety control by KitcheQ, and inform staff in writing as the PDPL requires.
- Governing law: the laws of the Kingdom of Saudi Arabia. Disputes: the competent courts in Riyadh, or arbitration under the Saudi Center for Commercial Arbitration if both parties agree in writing.
Annex B - United Arab Emirates, Bahrain, Qatar, Kuwait, Oman
- Party and invoices: Al Husn Al Arabia (Foretus). Fees in Saudi riyals or the local currency where offered. Foretus invoices you as an export of services at 0 % Saudi VAT; where your country applies VAT you account for it under the reverse charge using your tax registration number, which you give at registration.
- Payment partner: a payment service provider licensed by the Saudi Central Bank.
- Privacy law: your country's data protection law. You are the controller, Foretus the processor; Annex D applies. Pictures are stored and processed in the region shown on your account.
- Governing law: the laws of the Kingdom of Saudi Arabia; disputes as in Annex A, unless the law of your country requires otherwise for a business in your country.
Annex C - United States, United Kingdom, European Union
- Party and invoices: the subscription is sold by our payment partner Lemon Squeezy as merchant of record. The partner charges your card in US dollars (United States), pounds sterling (United Kingdom) or euros (European Union), adds and remits any sales tax or VAT that applies, and issues your receipt. Foretus provides the service. Business customers in the United Kingdom and the European Union may give their VAT number at checkout.
- Privacy law: in the United Kingdom, the UK GDPR and the Data Protection Act 2018; in the European Union, the General Data Protection Regulation (GDPR); in the United States, the privacy laws of your state. You are the controller, Foretus the processor; Annex D is the data-processing agreement between us. Pictures are stored and processed in the region shown on your account.
- Staff notice: you inform your staff that cameras are used for food-safety control by KitcheQ, and carry out any assessment your law requires for monitoring in the workplace. KitcheQ uses no biometric identifiers: no face recognition, no facial geometry, no fingerprints.
- Governing law: the laws of the Kingdom of Saudi Arabia. Disputes: the competent courts in Riyadh, or arbitration under the Saudi Center for Commercial Arbitration if both parties agree in writing, unless the law of your country requires otherwise for a business in your country.
- Government and healthcare kitchens may need additional terms; contact us before subscribing.
Annex D - Data-processing terms (all countries)
- Roles. The Customer is the controller of the personal data in the pictures (images of staff and visitors in the kitchen) and in the account (names, emails of its users). Foretus is the processor.
- Purpose and instructions. Foretus processes the data only to provide the service described in section 1, to secure and support it, and for the learning use in 5.5. These terms are the Customer's complete instructions.
- Categories. Still pictures of kitchen areas showing staff; derived results (detections, findings, reports); account data of the Customer's users. No special categories are sought; faces are not used to identify anyone.
- Retention. As in 5.5: pictures deleted after the daily report; pictures in the review queue kept until answered or 14 days at most; answered pictures kept as labelled examples with eyes blurred until the subscription ends; reports not kept (sent by email each day); account data 30 days after the end.
- Location. Data is stored and processed in the region shown on the Customer's account and is not transferred outside it, except as required by law.
- Sub-processors. Foretus uses a cloud-hosting provider, an email delivery provider and the payment partner. A current list is available on request; the Customer is told 30 days before a new sub-processor is added and may object.
- Security. Encryption in transit and at rest, access limited to named Foretus staff with a need, logging of access, separation between customers, deletion as scheduled. Foretus tells the Customer of a personal-data breach affecting its data without undue delay and within 72 hours of becoming aware.
- Assistance. Foretus helps the Customer answer requests from staff about their data (access, deletion) within the law's deadlines, and provides the information needed for the Customer's own compliance records.
- Staff of Foretus who can see pictures are bound by confidentiality. Pictures are viewed by Foretus only for support, review of the system's answers, and the learning use; never for monitoring individuals.
- End of service. Deletion as in section 6; a confirmation is available on request.
- Audit. Once a year, on 30 days' notice, the Customer may request a written description of the measures above or a report from an independent auditor where one exists.