Terms of Use – InCheck 360

Effective Date: August 8, 2025

These Terms of Use (“Agreement”) form a legally binding contract between you (“User”, “Subscriber”, “Customer”) and InCheck 360 Holding B.V., a company incorporated under the laws of the Netherlands, with its registered office in Enschede, the Netherlands (“InCheck 360”, “we”, “us”, or “our”).

By registering for, accessing, or using any of the services, websites, applications, or software provided by InCheck 360 (“Services”), you acknowledge that you have read, understood, and agree to be bound by this Agreement, as well as our Privacy Policy. If you do not agree, you must refrain from using the Services.

1. Acceptance of Terms

1.1 Binding Agreement

Your use of the Services constitutes your acceptance of these Terms of Use and the Privacy Policy.

1.2 Amendments

We may update or modify these Terms at any time to reflect changes in legal requirements, our services, or business practices. Updates will be posted on our website or communicated via email or in-app notifications. Continued use of the Services after changes are posted constitutes acceptance of the updated terms.

1.3 Responsibility to Review

It is your responsibility to periodically review the Terms to remain informed of any modifications.

2. Description of Services

2.1 Scope of Services

InCheck 360 provides a modular, cloud-based platform designed to enhance operational efficiency, compliance monitoring, loss prevention, and performance tracking. Features may include, but are not limited to:

  • Checklist Management – Digital operational and compliance checklists.
  • Compliance Tracking – Real-time monitoring of food safety, operational standards, and loss prevention protocols.
  • Reference Materials – Centralized storage and access to SOPs, manuals, and regulatory guidelines.
  • Behavior Analytics – AI-driven insights on employee and customer interactions.

Additional modules may be introduced and made available according to your subscription tier.

2.2 Availability of Services

Features, modules, and functionalities vary depending on your subscription plan. Access is granted on a non-exclusive, non-transferable basis.

2.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Services with reasonable notice, provided such changes do not materially reduce the core functionalities promised under your subscription.

3. User Accounts

3.1 Account Creation

To access the Services, you may be required to create an account and provide accurate, complete, and up-to-date information.

3.2 Credentials and Security

You are responsible for maintaining the confidentiality of your username, password, and any authentication methods.

3.3 Unauthorized Access

You must immediately notify us if you suspect any unauthorized access to your account. We are not liable for any loss resulting from unauthorized use of your credentials if you fail to notify us promptly.

3.4 Account Activity

All activities conducted under your account are your responsibility.

4. Payment & Subscriptions

4.1 Subscription Plans

Services are offered on a subscription basis, with fees payable according to the plan you select.

4.2 Billing

All prices are exclusive of VAT unless stated otherwise. Subscription fees are billed in advance for each billing period and are non-refundable, except as required by law.

4.3 Non-Payment

Failure to make timely payment may result in suspension or termination of your account.

4.4 Upgrades and Downgrades

Changes to your subscription plan will take effect immediately, and any fee adjustments will be applied to your next billing cycle.

5. Acceptable Use

You agree not to use the Services for:

  • Illegal activities or violations of applicable laws.
  • Uploading, transmitting, or distributing viruses, malware, or harmful code.
  • Attempting unauthorized access to other systems, networks, or accounts.
  • Interfering with or disrupting the performance or security of the Services.
  • Engaging in data scraping, mining, or unauthorized data extraction.

We reserve the right to investigate violations and suspend or terminate accounts engaging in prohibited activities.

6. Intellectual Property

6.1 Ownership

All intellectual property rights, including trademarks, software code, databases, designs, and content, are owned by InCheck 360 or licensed to us.

6.2 License to Use

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your business purposes during your subscription period.

6.3 Restrictions

You may not copy, modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services without prior written consent from InCheck 360.

7. Termination

7.1 By Us

We may suspend or terminate your account if you breach these Terms, fail to pay subscription fees, or engage in prohibited conduct.

7.2 By You

You may terminate your subscription at any time by providing written notice. No refunds are provided for unused subscription periods unless required by law.

7.3 Effect of Termination

Upon termination, your right to access the Services will cease immediately, and we may delete your data in accordance with our data retention policy.

8. Limitation of Liability

8.1 Maximum Liability

Our liability to you for any claim shall be limited to the total subscription fees paid by you in the preceding twelve (12) months.

8.2 Exclusions

We are not liable for indirect, incidental, special, or consequential damages, including loss of profits, data, or business opportunities, except as required by applicable law.

8.3 Service Interruptions

We are not responsible for delays or failures caused by factors beyond our reasonable control.

9. Governing Law and Jurisdiction

This Agreement shall be governed by and interpreted in accordance with the laws of the Netherlands. Any disputes shall be subject to the exclusive jurisdiction of the competent court in Twente, the Netherlands.

10. Customer Support

10.1 Availability

Customer Support is available via email, telephone, and direct communication tools during our standard business hours.

10.2 Response Times

We aim to respond to all inquiries within a reasonable time frame, typically within one (1) business day.

11. Force Majeure

InCheck 360 shall not be liable for any delay, failure, or disruption in providing the Services caused by circumstances beyond our reasonable control, including but not limited to:

  • Natural disasters, fires, floods, or extreme weather conditions.
  • Power outages, internet or telecommunications failures.
  • Acts of government, regulatory changes, or legal restrictions.
  • Strikes, labor disputes, or industrial actions.

We will make reasonable efforts to resume services as soon as possible after such events.

12. Data Protection and Privacy

12.1 Compliance

We comply with the General Data Protection Regulation (GDPR) and other applicable data protection laws.

12.2 Processing of Data

Personal data will be processed in accordance with our Privacy Policy.

12.3 Data Security

We implement appropriate technical and organizational measures to safeguard your data against unauthorized access, loss, or misuse.

13. Contact Information

For questions or concerns regarding these Terms, please contact:

InCheck 360 Holding B.V.
Enschede, Netherlands
Email: info@incheck360.nl