Privacy Policy & Terms

1. Introduction & Acceptance of Terms

Welcome to Food Automation–Service Techniques, LLC, doing business as KitchenBrains® (“KitchenBrains,” “we,” “us,” or “our”). These Unified Terms govern:

1. Sales of Goods (Terms of Sale)
2. Subscription-based services, including monitoring, data-logging, portals, dashboards, and connected services (Subscriber Terms)
3. Use of the Website, portals, and applications (Acceptable Use Policy)
4. Data protection and privacy practices (Privacy Policy)

By purchasing Goods, subscribing to Services, creating an account, or using our Website or applications, you agree to all sections of this Unified Agreement.

If you are entering this Agreement on behalf of an organization, you represent that you have legal authority to bind that organization.

2. Definitions

Goods — Equipment, devices, hardware, sensors, spare parts, and physical products sold by Kitchen Brains.
Services — Subscription, monitoring, software-connected, data-logging, portal, analytics, or application-based services.
Website — https://www.kitchenbrains.com/ and all portals or connected applications.
Customer / Buyer / You — Any user, purchaser of Goods, or subscriber to Services.
Customer Data — Data submitted or generated while using the Services, including device telemetry, configuration data, temperature logs, attachments, and account information.
End Users — Users authorized by Customer to access the Services.

3. Terms of Sale — Goods

3.1 Prices & Taxes

Quoted prices exclude sales, use, excise, VAT, duties, or similar taxes unless specifically stated. Buyer is responsible for all applicable taxes.

3.2 Payment Terms

- Net 30 days from shipment date unless otherwise agreed in writing.
- Late amounts may accrue interest (e.g., 1% per month).
- We may suspend shipments or revoke credit if payment is delinquent.

3.3 Shipment, Title & Risk

- Unless otherwise stated, shipments are FOB Shipping Point.
- Risk of loss transfers to Buyer upon the carrier's pickup of the goods.
- Partial shipments are permitted.

3.4 Inspection & Acceptance

Goods are deemed accepted unless Buyer notifies KitchenBrains within 5 days of receipt specifying the nonconformity.

3.5 Limited Warranty

- New controllers/timers: 1 year
- Battery-powered units: 6 months
- Sensors/accessories/spare parts: 90 days
- Warranty covers repair/replacement/credit at our discretion.
- Warranty does not cover misuse, improper installation, power surges, corrosion, or non-Kitchen Brains attachments.

3.6 Cancellations & Returns

Orders may not be canceled without our prior written consent. If accepted, Buyer may be liable for:

- Full invoice price of shipped goods
- Restocking fees
- Costs for goods ready to ship or in production

4. Subscriber Terms — Services

4.1 Access & License

Subject to this Agreement, you receive a non-exclusive, non-transferable right to access and use the Services for the subscription term.

4.2 Service Modifications

We may enhance or modify the Services. If a modification materially reduces functionality, we will provide 20 days’ advance notice to the account email.

4.3 Security

We implement enterprise-grade technical and organizational measures to secure Customer Data against unauthorized access or processing.

4.4 Customer Responsibilities

You agree to:

- Maintain administrative control of your account and End Users
- Protect logins and credentials
- Ensure your End Users comply with this Agreement
- Use the Services only for lawful purposes

4.5 Suspension

We may suspend access to the Services if:

- Required for maintenance or security,
- Requested by law enforcement,
- Customer fails to pay fees, or
- Customer violates the Acceptable Use Policy.

5. Acceptable Use Policy

You may access and use our Website and Services only for lawful, authorized, and permitted purposes.

5.1 Permitted Use

View, download, or print Website content for personal or internal business use

Download one copy of any application for authorized use

5.2 Prohibited Conduct - You may not:

Intellectual Property Misuse

- - Copy, reproduce, modify, distribute, publicly display, or create derivative works without permission
  - Remove copyright or proprietary notices

Harmful or Illegal Activity

- - Use the Website for unlawful purposes
  - Transmit spam, malware, or harmful code
  - Attempt unauthorized access to systems, user accounts, or networks
  - Interfere with Website performance or security

Misrepresentation

- - Impersonate KitchenBrains, employees, other users, or affiliates

Minors

- - Collect personal data from children under 13
  - Expose minors to harmful content

Violation may result in immediate termination of access to the Website or Services.

6. Privacy Policy

6.1 What Information We Collect

A. Information You Provide

- - Account registration details
  - Contact information (name, email, phone, address)
  - Billing, shipping, and order details
  - Support requests and communications

B. Information Collected Automatically

- - Device identifiers, browser type, IP address
  - Usage logs, timestamps, telemetry
  - Cookies and analytics data

C. Customer Data from Services - If you subscribe to Services, we collect:

- - Equipment and device telemetry
  - Configuration data
  - Temperature and equipment logs
  - Uploaded files or attachments
  - Operational analytics

6.2 Purposes of Processing

We process data to:

- - Provide and maintain Goods and Services
  - Operate portals and connected applications
  - Troubleshoot, support, and improve Services
  - Process payments and fulfill orders
  - Communicate service updates or policy changes
  - Ensure security, prevent abuse, and enforce this Agreement

Where required by law, we will request your explicit consent for marketing or non-essential cookies.

6.3 Legal Basis (GDPR)

For users in the EU/EEA or other GDPR jurisdictions, we rely on:

- - Performance of a contract (providing Goods/Services)
  - Legitimate interests (security, service improvement, fraud prevention)
  - Compliance with legal obligations
  - Consent, when required

6.4 Data Sharing

We may share data with:

- - Trusted service providers (payment processors, hosting, analytics)
  - Affiliates/subsidiaries
  - Regulatory authorities as required by law
  - Successors in interest (e.g., merger/acquisition), under equivalent protections

We do not sell personal data.

6.5 Data Security

We maintain technical, administrative, and physical safeguards, including:

- - Encryption in transit and at rest
  - Access controls
  - Network security monitoring
  - Role-based access restrictions

6.6 Data Retention

We retain data only as long as necessary for business purposes, legal requirements, or to fulfill contractual obligations.

6.7 International Data Transfers

Where data is transferred outside of the EU/EEA, we use:

- - Standard Contractual Clauses (SCCs)
  - Adequacy decisions
  - Other lawful safeguards

6.8 Your Rights (GDPR)

You may request:

- - Access to your personal data
  - Correction of inaccurate data
  - Deletion (where legally permissible)
  - Restriction or objection to processing
  - Export of data (data portability)

Submit requests via: Mktg@kitchenbrains.com

6.9 Children’s Privacy

We do not knowingly collect information from children under 13.

7. Intellectual Property

All intellectual property, including designs, firmware, software, documentation, and trademarks, is owned exclusively by KitchenBrains.

You receive no rights other than those expressly granted.

8. Confidentiality

Both parties shall treat confidential information disclosed under this Agreement with the same degree of care used for their own confidential information.

Disclosure is permitted only:

- With written consent
- To comply with legal obligations
- If information becomes public through no wrongful act

9. Dispute Resolution & Governing Law

9.1 Governing Law

This Agreement is governed by the laws of the State of Connecticut, without regard to conflict-of-law principles.

9.2 Mandatory Arbitration

Except where prohibited by law:

Any dispute, claim, or controversy arising out of or relating to this Agreement shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

- Arbitration shall take place in Connecticut.
- Each party bears its own fees; the arbitrator may award fees to the prevailing party.
- This clause survives termination of the Agreement.

9.3 Injunctive Relief

KitchenBrains retains the right to seek injunctive relief for:

- Intellectual property violations
- Fraud
- Unauthorized access or misuse of systems

10. Limitation of Liability

To the fullest extent permitted by law:

- We are not liable for any indirect, incidental, consequential, exemplary, or punitive damages, including lost profits or business interruption.
- Our aggregate liability for all claims is limited to the amount you paid for the Goods or $50,000, whichever is less.
- For Services, liability is limited to the amount paid for the subscription during the preceding 12 months.

11. Changes to this Agreement

We may update these Terms from time to time. For material changes, we will provide:

- Email notice to your account address, and/or
- Notice posted on the Website,
  typically 20 days prior to the effective date.

Continued use of Goods, Website, or Services after changes take effect constitutes acceptance.

12. Contact Information

KitchenBrains
905 Honeyspot Road
Stratford, CT 06615
United States

Toll-Free (US/Canada/Caribbean): 1-800-FASTRON (800-327-8766)

Technical Support: Option 1
General Support: Option 2

International: +1 203-380-3540

Email: Mktg@kitchenbrains.com