KEPS PURCHASE AND USE AGREEMENT

Effective Date: August 31, 2026 | Last Updated: August 31, 2026

This KEPS Purchase and Use Agreement (“Agreement”) is entered into between KEPS Solutions LLC, doing business as KEPS (“KEPS,” “we,” “us,” or “our”), and the business, organization, entity, or individual purchasing, receiving, accessing, activating, or using a KEPS device, software, labeling system, consumable, accessory, support service, database, template, or related product or service (“Customer,” “you,” or “your”).

This Agreement applies to, without limitation, KEPS Pro, KEPS+, KEPS software, firmware, label templates, databases, printers, charging docks, accessories, official KEPS label rolls, technical support, updates, and related services. By checking the acceptance box at checkout, placing an order, accepting delivery, activating, accessing, installing, configuring, or using a KEPS product or service, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to this Agreement, do not place an order, activate, access, or use the KEPS product or software.

1. Commercial Use

KEPS products are designed primarily for commercial kitchens, restaurants, bars, cafés, bakeries, delicatessens, grocery operations, catering companies, hospitality businesses, schools, hospitals, institutions, food-service operations, and other professional or commercial environments.

You represent and warrant that:

  • You are purchasing or using KEPS for a lawful business or commercial purpose, unless KEPS expressly agrees otherwise in writing.

  • You are at least 18 years old and have the legal authority to enter into this Agreement.

  • If you are accepting this Agreement on behalf of a business, organization, or other entity, you have authority to bind that entity to this Agreement.

  • You will ensure that all users of the KEPS system comply with this Agreement and your own food-safety, operational, and employee-management requirements.

2. KEPS is an Operational Labeling Tool

KEPS provides hardware and software tools intended to help commercial food-service operations create, print, organize, document, and standardize labeling and related operational workflows. KEPS is an operational labeling tool. KEPS does not operate your food establishment, manage your food-safety program, supervise your employees, inspect your food, determine whether food is safe, or make food-safety decisions on your behalf.

You remain solely responsible for your operation and for verifying all information used, entered, selected, imported, configured, printed, stored, or generated through the KEPS system. This includes, without limitation:

  • Product names and product identity.

  • Preparation dates and times.

  • Use-by, discard, expiration, sell-by, consume-by, and best-before dates.

  • Shelf-life periods and holding times.

  • Food temperatures and time-and-temperature controls.

  • Cooling and reheating procedures.

  • Refrigeration, storage, and receiving requirements.

  • Time as a Public Health Control procedures.

  • Sanitizer concentrations, preparation, replacement, and rotation schedules.

  • Ingredients, recipes, nutritional information, and supplier information.

  • Allergen declarations and allergen-control procedures.

  • Product handling, sanitation, food disposal, and employee procedures.

  • Regulatory classifications, food-code requirements, health-department requirements, and local rules.

  • Any information printed on a KEPS label or stored in a KEPS database.

3. Customer Responsibility for Food Safety

You acknowledge that the safe preparation, handling, storage, cooling, reheating, receiving, labeling, serving, sale, disposal, and distribution of food remain your sole responsibility.

KEPS does not replace or substitute for the judgment, supervision, responsibilities, or authority of:

  • Your owner, operator, manager, Person in Charge, or Certified Food Protection Manager.

  • Your food-safety consultant, legal counsel, quality-control personnel, or compliance team.

  • Your local, county, state, federal, or other regulatory authority.

  • Your health department, inspector, authority having jurisdiction, supplier, manufacturer, or other responsible party.

You are responsible for determining the laws, regulations, codes, permits, policies, standards, and regulatory interpretations applicable to your specific establishment, location, food products, processes, and operations.

4. No Guarantee of Compliance or Inspection Outcome

KEPS products are designed to support consistent food-safety labeling procedures and operational organization. However, KEPS does not guarantee that use of any KEPS product, software, label, template, database, workflow, support service, or training material will:

  • Ensure regulatory compliance.

  • Cause you to pass a health inspection.

  • Prevent a health-code violation.

  • Prevent food spoilage, foodborne illness, contamination, allergen incidents, or product loss.

  • Eliminate employee error.

  • Prevent regulatory action, fines, penalties, closures, recalls, or business interruption.

  • Satisfy every applicable federal, state, county, municipal, local, or industry requirement.

Food laws, health-department requirements, adopted food codes, inspection practices, regulations, interpretations, standards, and enforcement priorities may vary by jurisdiction, operation type, food product, establishment, and circumstance. They may also change over time. You are solely responsible for confirming applicable requirements with the appropriate regulatory authority and for configuring and using KEPS accordingly.

5. FDA Food Code and Regulatory References

KEPS may refer to the FDA Food Code, state food codes, local health-department practices, industry guidance, or other regulatory materials in its website content, product descriptions, software, templates, training, support materials, examples, or demonstrations. Any such reference is provided for general informational and operational-support purposes only. It does not constitute legal advice, regulatory advice, food-safety consulting, scientific advice, or a representation that a specific rule applies to every customer, operation, product, or jurisdiction.

The FDA Food Code is a model code, and its adoption, interpretation, implementation, and enforcement may differ among jurisdictions. If a KEPS example, template, default setting, software prompt, label format, recommendation, or marketing statement differs from an applicable law, regulatory instruction, food-safety plan, HACCP plan, variance, manufacturer instruction, supplier requirement, or direction from the authority having jurisdiction, you must follow the applicable authoritative requirement and adjust your KEPS configuration accordingly.

6. Verification of Settings and Printed Labels

KEPS may allow you or your employees to configure, select, import, create, modify, approve, or use product data, dates, shelf-life periods, expiration rules, temperatures, label layouts, allergens, ingredients, recipes, operational instructions, user permissions, and other settings. You are solely responsible for reviewing and verifying the accuracy of all such settings before operational use and before relying on or applying any printed label.

You must review your KEPS configuration:

  • Before first use.

  • Upon delivery or installation.

  • After onboarding, setup, migration, data import, or database changes.

  • After software updates or configuration changes.

  • Whenever recipes, ingredients, suppliers, labels, processes, shelf-life rules, or food-safety procedures change.

  • Periodically during continued use.

Printing a label through KEPS does not constitute independent verification by KEPS that the printed information is accurate, complete, legally compliant, operationally appropriate, or safe for your specific use.

7. Incorrect Information and User Error

KEPS is not responsible for consequences arising from inaccurate, incomplete, outdated, misleading, unauthorized, or improperly configured information entered, selected, approved, imported, communicated, or used by Customer or Customer’s personnel. This includes, without limitation, errors involving:

  • Too many or too few days or hours.

  • Incorrect use-by, discard, expiration, preparation, cooling, reheating, receiving, or hold times.

  • Incorrect temperatures or temperature requirements.

  • Incorrect ingredients, allergens, recipes, or product information.

  • Incorrect label format, label selection, template, category, storage instruction, or product identity.

  • Failure to apply, replace, remove, read, follow, or act upon a label.

  • Failure to discard, cool, reheat, store, sanitize, receive, or otherwise handle food properly.

  • Unauthorized access, improper employee use, shared credentials, or inaccurate data entry.

8. Preloaded, Imported, and Customer-Supplied Information

KEPS may, as a convenience, assist with entering, importing, formatting, converting, organizing, or preloading Customer data, including product databases, recipes, categories, shelf-life settings, ingredients, allergens, templates, photographs, spreadsheets, documents, or label content. Any such assistance is administrative or technical in nature unless KEPS expressly agrees otherwise in a separate written agreement signed by an authorized KEPS representative.

Unless expressly stated otherwise in writing, all information supplied by you, your employees, suppliers, consultants, contractors, manufacturers, recipes, spreadsheets, photographs, documents, databases, or other sources will be treated as Customer-provided information. You are solely responsible for reviewing, testing, approving, and verifying all preloaded, imported, or configured data before operational use. KEPS does not independently certify the accuracy, completeness, legal sufficiency, shelf life, allergen status, temperature requirement, regulatory classification, recipe, ingredient list, or food-safety suitability of Customer-provided information.

9. Employees, Users, and Training

You are responsible for determining who may access or use KEPS and for training, supervising, and managing those individuals. You are responsible for all acts and omissions of your employees, contractors, agents, users, and other persons who access or use the KEPS system through your organization, account, device, credentials, PIN, or location.

You are responsible for maintaining appropriate internal controls, employee training, food-safety supervision, access management, and operational procedures independent of KEPS. KEPS training, demonstrations, setup assistance, examples, templates, technical support, or software prompts do not transfer operational responsibility from Customer to KEPS.

10. Labels Are Records, Not Independent Proof of Safety

A KEPS label reflects information entered, selected, configured, imported, calculated, stored, or generated through the KEPS system. The existence of a KEPS label does not independently establish that food was safely prepared, cooled, reheated, stored, handled, received, sanitized, labeled, discarded, or served.

You remain responsible for actually performing, documenting, supervising, and verifying the underlying food-safety procedure represented by the label. KEPS is not responsible where a label correctly prints configured information but the underlying procedure was not performed, was performed incorrectly, was not verified, or did not comply with applicable requirements.

11. Ingredients, Allergens, and Consumer-Facing Labels

When KEPS is used to print ingredients, allergen information, Grab-and-Go labels, takeout labels, retail food labels, consumer-facing information, storage instructions, or related disclosures, you are solely responsible for verifying that all content is current, complete, accurate, and compliant with applicable requirements.

Ingredients, recipes, formulations, suppliers, allergen information, manufacturing practices, and legal requirements may change over time. You must update your KEPS system whenever relevant information changes. KEPS does not warrant the accuracy or completeness of Customer-supplied ingredient, nutrition, recipe, allergen, storage, date, or consumer-label information. KEPS is not a substitute for your allergen-control program, labeling review process, supplier verification, recipe management process, or legal and regulatory review.

12. Hardware, Software, and Authorized Use

KEPS products may include hardware, printers, touchscreen devices, accessories, charging docks, label materials, software, firmware, templates, databases, support services, and related components.

You agree to use KEPS only:

  • In accordance with supplied documentation and instructions.

  • For lawful purposes.

  • In a manner consistent with this Agreement.

  • With approved or compatible components, supplies, power sources, accessories, and consumables.

You may not, and may not permit any other person to:

  • Reverse engineer, decompile, disassemble, decode, or attempt to derive source code from KEPS software, except to the extent prohibited by applicable law.

  • Circumvent, disable, defeat, interfere with, or bypass security controls, license controls, access controls, or software protections.

  • Copy, reproduce, distribute, modify, lease, rent, sublicense, sell, transfer, or make KEPS software available to third parties except as expressly authorized in writing.

  • Remove proprietary notices, trademarks, copyright notices, or license notices.

  • Use KEPS software, designs, templates, workflows, documentation, or intellectual property beyond the limited rights granted by this Agreement.

  • Use unauthorized software, accessories, label rolls, power supplies, cables, peripherals, modifications, integrations, or third-party materials that could affect performance, compatibility, safety, print alignment, sensor accuracy, or device operation.

13. Software License

Subject to your continued compliance with this Agreement and payment of all applicable charges, KEPS grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the KEPS software supplied with your purchased KEPS device solely for your internal business operations during the applicable license term. The license is limited to the authorized KEPS product, account, location, and use permitted by KEPS.

KEPS retains all right, title, and interest in and to the KEPS software, firmware, interfaces, workflows, templates, databases, documentation, product designs, trademarks, trade names, copyrights, patents, trade secrets, and other intellectual-property rights. Purchase of KEPS hardware does not transfer ownership of KEPS software or KEPS intellectual property to Customer.

14. Software, Support, and System Changes

KEPS may provide updates, bug fixes, corrections, security patches, feature changes, design changes, interface modifications, compatibility updates, or other improvements from time to time. Features, software screens, workflows, templates, product availability, compatibility, functionality, pricing, support offerings, and renewal terms may change over time.

You are responsible for reviewing material changes that affect your operations and for verifying all settings after any update, migration, configuration change, database modification, repair, replacement, or support intervention. KEPS is not responsible for issues caused by third-party hardware, software, network providers, internet providers, operating systems, malware, unauthorized applications, unsupported accessories, unauthorized repairs, incompatible consumables, or modifications not supplied or approved by KEPS.

15. Limited One-Year Warranty

Unless a different written warranty expressly applies to a specific product, KEPS warrants to the original purchaser that KEPS hardware will be free from material defects in materials and workmanship under normal intended commercial use for one (1) year from the original date of purchase or other warranty commencement date stated in the applicable KEPS Warranty Policy.

During the applicable warranty period, KEPS may, at its sole option:

  • Repair the affected product.

  • Replace the affected product with a new or refurbished product of comparable functionality.

  • Provide replacement components.

  • Provide credit or another remedy described in the applicable Warranty Policy.

The applicable KEPS Warranty Policy is incorporated into this Agreement by reference.

16. Warranty Exclusions

To the maximum extent permitted by law, the limited warranty does not cover:

  • Misuse, abuse, accident, drops, spills, liquid damage, impact damage, neglect, theft, loss, or improper storage.

  • Unauthorized repairs, modifications, maintenance, installations, or alterations.

  • Incompatible, non-approved, counterfeit, defective, or third-party supplies, accessories, cables, chargers, power sources, label rolls, software, peripherals, or integrations.

  • Normal wear and tear, including batteries, print heads, buttons, cables, cosmetic wear, consumables, and other wear items.

  • Damage caused by improper electrical supply, environmental conditions, contamination, grease, moisture, extreme temperatures, pests, fire, flood, power surges, malware, or events outside KEPS’s reasonable control.

  • Customer data, configurations, recipes, ingredients, allergens, shelf-life periods, label settings, dates, product databases, or other Customer-controlled information.

  • Any issue resulting from failure to follow KEPS instructions or applicable operational requirements.

17. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTY SPECIFICALLY PROVIDED BY KEPS, KEPS PRODUCTS, SOFTWARE, SERVICES, SUPPORT, DATABASE TOOLS, LABEL TEMPLATES, DOCUMENTATION, AND RELATED MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

KEPS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, REGULATORY COMPLIANCE, FOOD SAFETY, OR RESULTS.

KEPS DOES NOT WARRANT THAT THE PRODUCTS OR SERVICES WILL:

  • Prevent foodborne illness, food spoilage, contamination, allergen incidents, employee error, regulatory violations, inspection failures, fines, penalties, recalls, or business loss.

  • Produce uninterrupted, error-free, complete, current, or secure operation.

  • Be compatible with all third-party devices, networks, software, accessories, supplies, or operating environments.

  • Meet the requirements of every location, jurisdiction, food product, establishment, process, or regulatory authority.

Nothing in this Agreement excludes, limits, or disclaims a warranty, consumer right, remedy, or liability that applicable law does not permit KEPS to exclude, limit, or disclaim.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KEPS AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, DISTRIBUTORS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

THIS INCLUDES, WITHOUT LIMITATION, DAMAGES OR LOSSES ARISING FROM OR RELATED TO:

  • Lost profits, revenue, business, goodwill, opportunity, data, labor, inventory, food, products, records, or productivity.

  • Food spoilage, food disposal, contamination, foodborne illness, allergen incidents, product loss, recalls, or waste.

  • Inspection results, regulatory actions, violations, fines, penalties, closures, permit issues, or legal claims.

  • Incorrect shelf-life settings, dates, times, temperatures, ingredients, allergens, recipes, labels, templates, product information, or user-entered data.

  • Employee error, unauthorized use, failure to train, failure to supervise, failure to apply labels, failure to follow labels, or failure to follow food-safety procedures.

  • Software interruption, data loss, system downtime, network interruption, compatibility issues, or inability to use KEPS.

  • Reliance on any KEPS product, software, label, template, support service, website statement, demonstration, training material, or marketing material.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KEPS’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A PRODUCT, ORDER, SERVICE, OR THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO KEPS FOR THE SPECIFIC KEPS PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

The foregoing limitations apply regardless of the form of action, whether based in contract, warranty, tort, negligence, strict liability, statute, or any other legal theory, and even if KEPS has been advised of the possibility of damages. Nothing in this Agreement limits liability to the extent that such limitation is prohibited by applicable law.

19. Customer Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless KEPS, its owners, officers, employees, contractors, affiliates, distributors, representatives, successors, and assigns from and against third-party claims, liabilities, damages, losses, penalties, fines, costs, and reasonable attorneys’ fees arising out of or relating to:

  • Your food establishment, food products, food preparation, storage, handling, cooling, reheating, receiving, sanitation, allergen management, labeling, service, distribution, or sale practices.

  • Incorrect, incomplete, outdated, or misleading information supplied, entered, configured, selected, imported, approved, or used by you or your personnel.

  • Your violation of applicable law, regulation, food code, health-department requirement, permit condition, or industry obligation.

  • Your failure to train, supervise, or manage employees or users.

  • Your unauthorized modification, misuse, or improper use of KEPS.

  • A claim arising from food produced, prepared, handled, labeled, distributed, sold, or served by your business.

  • Your breach of this Agreement.

This indemnification obligation does not apply to the extent that a final, non-appealable court decision determines that a claim resulted directly from KEPS conduct for which indemnification cannot legally be required.

20. Customer Records, Backups, and Data

You are responsible for maintaining all records, logs, backups, reports, documentation, and evidence required by law, your operation, your insurer, your food-safety plan, your HACCP plan, your franchisor, your customers, or any regulatory authority. KEPS does not guarantee that electronic data, print history, logs, settings, operational information, databases, or other information will remain available indefinitely.

You must not rely upon KEPS as your sole repository for records that you are legally required to maintain. You are responsible for maintaining independent backups and for verifying the completeness and accuracy of your records.

21. Support Does Not Transfer Responsibility

KEPS may provide setup assistance, troubleshooting, remote technical support, calibration guidance, configuration assistance, training, sample templates, database assistance, updates, demonstrations, or general operational examples. Such assistance is provided for convenience and technical-support purposes only. It does not transfer responsibility for your food establishment, food-safety program, labels, processes, operational decisions, or regulatory compliance to KEPS.

KEPS support personnel are not authorized to provide legal, medical, scientific, professional food-safety, or regulatory assurances unless KEPS expressly provides such assurance in a separate written agreement signed by an authorized KEPS officer.

22. Orders, Pricing, and Payment

You agree to pay all prices, taxes, shipping charges, fees, renewal charges, and other amounts shown at checkout, in an applicable invoice, or in a written order accepted by KEPS.

KEPS may correct pricing errors and may reject, cancel, or limit an order before shipment in the event of a pricing error, payment failure, suspected fraud, product unavailability, export restriction, technical error, violation of this Agreement, or other legitimate business reason, subject to any refund obligations required by applicable law. Unless otherwise expressly stated in writing, prices are in U.S. dollars and do not include applicable taxes, duties, fees, shipping, or other charges.

23. Shipping, Delivery, and Risk

Shipping and delivery estimates are estimates only unless KEPS expressly guarantees a delivery date in writing. KEPS is not responsible for delays caused by carriers, customs authorities, weather, natural disasters, governmental action, supply-chain disruptions, labor disruptions, force majeure events, incorrect shipping information, payment delays, product availability, or circumstances outside KEPS’s reasonable control.

You must inspect shipments promptly and report visible shipping damage, missing items, or delivery discrepancies within the time period stated in the applicable KEPS shipping, return, or warranty policy.

24. Returns, Refunds, and Cancellations

Returns, exchanges, refunds, cancellations, and related matters are governed by the KEPS return and refund policy in effect for the applicable purchase, except where applicable law requires otherwise. You should review the applicable return and refund policy before placing an order.

25. Third-Party Products and Services

KEPS is not responsible for third-party products, payment processors, shipping carriers, marketplaces, internet providers, operating systems, networks, accessories, software, applications, integrations, suppliers, or services that KEPS does not control. Any applicable third-party terms remain between you and the relevant third party.

26. No Professional Relationship

Nothing in KEPS’s sale, support, setup, training, software, templates, examples, website content, demonstrations, marketing materials, or documentation creates a fiduciary relationship, food-safety consulting relationship, legal advisory relationship, medical relationship, quality-assurance relationship, agency relationship, employment relationship, partnership, or joint venture between KEPS and Customer.

27. Changes in Law and Requirements

Food-safety laws, regulations, food codes, health-department requirements, inspection practices, allergen rules, labeling rules, and regulatory interpretations may change after you purchase a KEPS product.

Unless KEPS expressly agrees otherwise in a separate written agreement signed by an authorized KEPS representative, KEPS has no obligation to monitor your jurisdiction, identify regulatory changes applicable to your operation, or automatically update or reconfigure your KEPS system in response to such changes. You are responsible for monitoring applicable requirements and requesting, implementing, and verifying any necessary changes to your configuration or procedures.

28. Force Majeure

KEPS shall not be liable for any delay, interruption, or failure to perform caused by events beyond its reasonable control, including natural disasters, fire, flood, severe weather, war, terrorism, civil disturbance, governmental action, embargo, epidemic, pandemic, labor disruption, transportation interruption, telecommunications failure, power failure, utility failure, cyberattack, component shortage, supply-chain disruption, or other force majeure event.

29. Governing Law and Venue

This Agreement and any dispute arising out of or relating to this Agreement, a KEPS product, software, service, or order shall be governed by the laws of the State of North Carolina, without regard to its conflict-of-law principles, except to the extent that federal law or another mandatory law applies.

Subject to any mandatory law to the contrary, you consent to personal jurisdiction and venue in the state or federal courts of competent jurisdiction located in North Carolina.

30. Electronic Transactions and Acceptance

You agree to conduct transactions with KEPS electronically. Your affirmative checking of an agreement box, electronic submission of an order, electronic signature, account creation, product activation, access, installation, configuration, or continued use of a KEPS product or software may be used as evidence of your acceptance of this Agreement.

KEPS may maintain electronic records showing the Agreement version, date and time of acceptance, order number, account information, transaction information, IP address, device information, and other records associated with your purchase, acceptance, activation, or use, to the extent permitted by applicable law. You are encouraged to download, print, or retain a copy of this Agreement for your records.

31. Changes to This Agreement

KEPS may revise this Agreement from time to time. The current version will be posted on the KEPS website or otherwise made available to Customer. Changes will apply prospectively unless applicable law requires otherwise. Material changes may be communicated through the KEPS website, software, email, account notices, checkout process, or other reasonable means.

Your continued use of KEPS products, software, or services after the effective date of an updated Agreement constitutes your acceptance of the updated Agreement to the extent permitted by law.

32. Entire Agreement

This Agreement, together with the applicable order, checkout terms, Warranty Policy, Privacy Policy, Return and Refund Policy, and any other document expressly incorporated by reference, constitutes the entire agreement between you and KEPS concerning the applicable purchase and use of KEPS products and services.

If this Agreement conflicts with general website terms concerning product responsibility, food-safety responsibility, warranty, software use, or limitation of liability, this Agreement shall control for the applicable KEPS purchase and use, unless a later written agreement signed by an authorized KEPS representative expressly states otherwise. No oral statement, promise, representation, demonstration, statement by a salesperson, distributor, installer, or support provider shall modify this Agreement.

33. Severability

If any provision of this Agreement is held invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

34. No Waiver

A failure by KEPS to enforce any provision of this Agreement on one occasion does not waive KEPS’s right to enforce that provision or any other provision in the future.

35. Assignment

You may not assign this Agreement or transfer your software license without KEPS’s prior written consent, except where applicable law provides otherwise. KEPS may assign this Agreement in connection with a merger, acquisition, corporate reorganization, financing, sale of assets, or sale of all or substantially all of the relevant KEPS business.

36. Survival

Provisions relating to intellectual property, Customer responsibility, disclaimers, warranties, limitation of liability, indemnification, governing law, venue, records, payment obligations, and any provisions that by their nature should survive shall survive termination, expiration, cancellation, or completion of the applicable transaction.

37. Customer Acknowledgment

BY ACCEPTING THIS AGREEMENT, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT:

  • KEPS IS AN OPERATIONAL LABELING TOOL AND DOES NOT OPERATE YOUR FOOD-SAFETY PROGRAM.

  • YOU ARE RESPONSIBLE FOR VERIFYING ALL PRODUCT INFORMATION, DAYS, TIMES, DATES, TEMPERATURES, SHELF-LIFE PERIODS, INGREDIENTS, ALLERGENS, LABEL SETTINGS, AND OTHER INFORMATION USED OR PRINTED THROUGH KEPS.

  • KEPS DOES NOT GUARANTEE REGULATORY COMPLIANCE, HEALTH-INSPECTION RESULTS, OR ANY PARTICULAR OPERATIONAL OUTCOME.

  • YOU ARE RESPONSIBLE FOR TRAINING AND SUPERVISING YOUR EMPLOYEES AND USERS.

  • THE AGREEMENT CONTAINS IMPORTANT WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION OBLIGATIONS.

  • YOU HAVE HAD THE OPPORTUNITY TO REVIEW THIS AGREEMENT BEFORE COMPLETING YOUR PURCHASE OR USING KEPS.

38. Contact

For questions about this Agreement, please contact:

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