Terms of Service

1. Who these terms are between

These terms are between Toque Manager Ltd, a company registered in England and Wales, company number 17509641 ("Toque Manager", "we", "us"), and the business that creates an account to use the service ("you", "your", "your business").

By creating an account or using Toque Manager, you confirm that you are authorised to accept these terms on behalf of the business you represent.

If you are using Toque Manager as an employee or other authorised user of a business customer, these terms apply to your use of the service on behalf of that business.

Toque Manager is provided for business use only. It is not offered or intended for consumers, and no part of these terms is intended to create rights for an individual acting for purposes wholly or mainly outside that individual's trade, business, craft or profession — including under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

2. What Toque Manager is

Toque Manager is a kitchen-management software service for hospitality businesses, providing:

• recipe costing and gross-profit tracking against menu prices;
• plating notes and photographs for consistency across shifts;
• HACCP and food-safety checks, temperature records and supplier information;
• stock, supplier and purchase-invoice management, including AI-assisted reading of invoice images;
• collaborative stock counts, with more than one authorised user able to contribute to the same stock take;
• stock transfers between multiple Kitchens you operate, where applicable;
• daily sales and gross-profit tracking over time; and
• supplier ordering based on preparation and stock information.

We may add, modify, suspend or retire individual features as the service develops. If we remove a feature you actively rely on, we will aim to give you advance notice beforehand, except where immediate removal is necessary for legal, security or operational reasons.

3. Your account and your kitchen

Each subscription covers one "Kitchen", meaning one restaurant, food-service site or other operating location, unless your subscription expressly provides otherwise.

The person who creates a Kitchen is the Owner and may invite Managers and Staff with different levels of access. Access can be configured per feature area, including whether a person may only view information or may also change it.

You are responsible for:

• keeping login credentials confidential;
• ensuring that only authorised people use your account;
• notifying us promptly if you believe an account has been compromised;
• deciding which people to invite and what level of access to give them;
• ensuring that people you invite use the service appropriately; and
• ensuring that information entered into the service is accurate and appropriate for your purposes.

Toque Manager calculates costs, margins and records from information entered by you or your team. It cannot independently verify that information against physical stock, invoices, temperatures, food preparation or other real-world conditions.

You must not share an individual user's login credentials between multiple people. Each person who uses the service must have their own account.

4. Subscription, trial and billing

The first Kitchen created under a new account receives a free trial of 30 days, unless otherwise stated when the account is created. A payment card is not required for the trial unless we expressly state otherwise. An additional Kitchen created under an existing account does not receive its own trial and requires an active subscription from the time it is created.

After the trial, continued access requires an active paid subscription.

Subscriptions are billed through Stripe or another payment provider we may introduce.

• Subscriptions renew automatically until cancelled.
• You may cancel at any time through the available account controls.
• Cancellation normally takes effect at the end of the current paid subscription period.
• We do not normally provide refunds for unused portions of a subscription period, except where required by law or expressly agreed by us.
• If a payment fails, we or our payment provider may retry the payment and notify you. We may suspend access if it remains unresolved 7 days after the failed payment.
• We may change subscription prices by giving active subscribers at least 30 days' notice before the new price applies to a renewal (a separate 30-day figure from the trial length above).

Payment card details are processed by the applicable payment provider. Toque Manager does not intentionally store full payment card details.

5. Your data and content

You retain ownership of the business data and content you upload to or create in Toque Manager, including recipes, photographs, stock records, invoices, HACCP records, sales information and other materials ("Customer Data").

You are responsible for ensuring that you have the necessary rights, permissions and lawful basis to provide Customer Data to us and to allow us to process it as part of providing the service.

Where Customer Data contains personal data for which your business is the Controller, Toque Manager will normally process that personal data on your behalf as a Processor, in accordance with our Data Processing Agreement ("DPA"). The DPA applies to processing carried out by Toque Manager on your behalf and forms part of these terms where applicable.

Toque Manager may also process certain personal data as an independent controller where necessary to operate our business, including for account administration, billing, customer support, security, fraud prevention, service administration and compliance with legal obligations. These activities are described in our Privacy Notice.

We may use third-party service providers, including hosting, payment, email and AI service providers, to provide parts of the service. Where they process personal data on our behalf, we will put appropriate contractual and data protection arrangements in place.

Some providers may also process certain information as independent controllers for their own legal, regulatory, security or fraud-prevention purposes.

We do not sell Customer Data.

We do not use Customer Data to train general-purpose AI models.

We may use Customer Data solely as necessary to provide, secure, maintain and improve the service, subject to our contractual and data protection obligations.

6. Acceptable use

You must not:

• use the service for an unlawful purpose;
• upload or process personal data where you do not have the necessary authority or lawful basis;
• attempt to access another Kitchen's data;
• circumvent or interfere with access controls or security measures;
• knowingly introduce malware, malicious code or other harmful material;
• reverse-engineer, decompile or attempt to obtain the source code of the service except where such restriction is prohibited by law;
• scrape, systematically copy or extract service data without our permission;
• overload, disrupt or interfere with the service;
• use the service to infringe another person's intellectual property, privacy or other rights;
• use AI-assisted features to process documents or information you do not have the right to process; or
• use the service to generate or rely on information where doing so would create a safety, legal or regulatory risk without appropriate human review.

You remain responsible for ensuring that your use of the service complies with applicable laws and regulations.

9. Availability and support

We aim to keep Toque Manager available and responsive, but unless expressly agreed in writing, we do not provide a guaranteed uptime commitment or service-level agreement.

The service may occasionally be unavailable because of maintenance, upgrades, technical problems, third-party service failures, security incidents or circumstances outside our reasonable control.

We provide customer support on a best-effort basis at customerservice@toquemanager.com.

Neither party is liable for a failure or delay in performing its obligations (other than a payment obligation) to the extent caused by circumstances genuinely outside that party's reasonable control, including events affecting our hosting, database or payment providers.

10. Suspension and termination

You may close your account at any time.

We may suspend or terminate access where reasonably necessary if:

• payment remains overdue 7 days after it was due;
• you materially breach these terms;
• you use the service unlawfully or in a way that creates a material security or operational risk;
• your use threatens the security or integrity of the service or other customers' data; or
• we are required to do so by law.

Where reasonably practicable, we will give you notice and an opportunity to remedy the issue before suspending or terminating the service.

We may suspend access immediately where necessary to protect the service, other customers or individuals, or where required by law.

Where access is suspended for non-payment, your food-safety (HACCP) records remain available to view, read-only, so you can still produce them on request — for example to an inspection authority — even while the rest of the service is unavailable. Recording new checks or readings still requires an active subscription.

Following termination, Customer Data will be handled in accordance with the DPA and our Privacy Notice.

Where technically practicable, we will provide a reasonable opportunity for you to export Customer Data before permanent deletion.

Deleting your Kitchen through the available account controls requires confirming a link sent to your own email first — once you confirm it, deletion is immediate and cannot be undone, so please export any Customer Data you need before confirming. Ending your subscription alone does not delete Customer Data; it remains stored, with access limited as described above, until you either resume an active subscription or delete the Kitchen.

If a Kitchen's subscription remains lapsed and is never resumed or deleted, we will email the Owner a 15-day notice after 6 months of continued inactivity, and will automatically and permanently delete the Kitchen and all its Customer Data if nothing has changed by the end of that notice period. You can export your Customer Data — including an Excel workbook and your uploaded photos and documents — at any time before that happens, including while access is otherwise restricted for non-payment.

11. Liability

Nothing in these terms excludes or limits liability where doing so would be unlawful, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

Subject to the above, and to the extent permitted by law, our total aggregate liability arising out of or in connection with these terms will not exceed the greater of (a) £3,000, or (b) the total subscription fees paid by you to us during the 12 months immediately preceding the event giving rise to the claim — except for a claim arising from our own breach of the Data Processing Agreement or applicable data protection law, which is instead subject to the separate cap set out in the DPA's own liability section.

We will not be liable, to the extent permitted by law, for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of goodwill or business interruption.

To the extent permitted by law, we are not responsible for losses arising from your failure to:

• use the service appropriately;
• verify information entered into or generated by the service;
• maintain appropriate food-safety procedures;
• verify AI-generated information;
• comply with applicable food-safety or other legal requirements; or
• maintain appropriate operational controls in your business.

Nothing in this section removes your responsibilities as Controller of Customer Data or our obligations under applicable data protection law.

12. Changes to these terms

We may update these terms when the service, our business or applicable legal requirements change.

We will publish the updated version and, where reasonably appropriate, notify active subscribers of material changes by email or in-app notice before they take effect.

If a material change substantially affects your rights or obligations, you may cancel your subscription before the change takes effect.

13. Governing law

These terms and any dispute or claim arising out of or in connection with them are governed by the laws of England and Wales.

Subject to any mandatory rights you may have under applicable law, the courts of England and Wales will have exclusive jurisdiction over disputes arising under or in connection with these terms.

14. Assignment

You may not assign, transfer or sub-contract your rights or obligations under these terms without our prior written consent, except to a successor in connection with a merger, acquisition or sale of substantially all of your business, provided the successor agrees in writing to be bound by these terms.

We may assign or transfer these terms, including to an affiliate or in connection with a merger, acquisition, reorganisation or sale of assets, provided the assignee agrees to be bound by these terms and this does not materially reduce your rights.

15. Entire agreement

These terms, together with the Data Processing Agreement and our Privacy Notice, are the entire agreement between you and Toque Manager concerning the service, and supersede any prior discussions, representations or agreements on the same subject — except for any fraudulent misrepresentation, which nothing in this section excludes.

16. Notices

We may give you notice under these terms by email to the address associated with your account, or by posting a notice within the service. Notice by email is treated as received when sent, unless we receive a delivery failure notification.

You may give us notice under these terms by email to customerservice@toquemanager.com.

17. Severability

If any provision of these terms is found by a court or other competent authority to be invalid, illegal or unenforceable, that provision will be treated as removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

18. Contact

Questions about these terms should be sent to:

Toque Manager Ltd
104 Josling House, London SE7 7GP
Email: customerservice@toquemanager.com
Support: customerservice@toquemanager.com