Terms of Service

1. Acceptance of Terms

By accessing or using the SystemPath website (systempath.com), the Beacon platform, or any of our consulting and training services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to "you" or "your" refer to both you individually and the organization you represent.

You must be at least 18 years of age to use the Services. If you do not agree to these Terms, you may not access or use the Services.

2. Definitions

The following terms have specific meanings throughout these Terms:

• "Services" means, collectively, the Beacon platform, the SystemPath website, and all consulting, training, and support services provided by SystemPath.
• "Platform" or "Beacon" means the SystemPath cloud-based food safety management software application, including all features, tools, and updates.
• "User Data" means all data, content, documents, records, and information that you or your authorized users enter, upload, or create within the Platform, including food safety records, HACCP plans, compliance documents, and related materials.
• "Content" means all text, images, templates, workflows, training materials, documentation, and other materials provided by SystemPath through the Services.
• "Consulting Services" means the food safety consulting services provided by SystemPath, including SQF certification consulting, HACCP plan development, gap assessments, mock audits, and related advisory services.
• "Training Services" means the food safety education services provided by SystemPath, including HACCP certification courses, on-site team training, and other instructional programs.
• "Subscription" means the paid access plan under which you use the Platform, as specified in your service agreement or order form.
• "Confidential Information" means any non-public information disclosed by either party to the other in connection with the Services, including business plans, technical data, product information, financial information, and User Data.

3. Description of Services

SystemPath provides the following Services:

Beacon Platform

A cloud-based food safety management software platform that enables organizations to manage their food safety programs. Features include HACCP plan development and hazard analysis, document control and version management, SQF compliance management, lot traceability, food defense and food fraud planning, corrective and preventive action (CAPA) tracking, environmental monitoring, supplier management, sanitation management, equipment maintenance tracking, training and certification management, and AI-powered compliance assistance.

Consulting Services

Food safety consulting services including SQF certification consulting, HACCP plan development and review, gap assessments, mock audits, audit preparation, and related advisory services. Consulting Services are provided under separate statements of work or service agreements that specify the scope, timeline, and fees for each engagement.

Training Services

Food safety education programs including HACCP certification courses, on-site team training, SQF implementation training, and other food safety education programs. Training Services are provided under separate agreements that specify the curriculum, schedule, and fees.

Website

The SystemPath website at systempath.com provides information about our Services, educational resources, and access to the Beacon platform.

4. Account Registration and Security

To access the Beacon platform, you must create an account. When creating your account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate and current
• Maintain the confidentiality of your account credentials, including your password
• Accept responsibility for all activities that occur under your account
• Notify us immediately at [email protected] of any unauthorized use of your account or any other security breach

Each user must have their own individual account. Sharing of account credentials between individuals is not permitted. SystemPath reserves the right to suspend or terminate any account that we reasonably believe contains inaccurate information or is being shared among multiple individuals.

5. Subscription, Billing, and Payment

Signed agreements control. If you have entered into a signed Master Subscription Agreement, service agreement, or order form with System Path LLC, that agreement governs your subscription term, billing, renewal, cancellation, and pricing, and controls over this Section 5 and over Section 17 (Term and Termination) to the extent of any conflict. The provisions below apply only where no such signed agreement is in place.

Subscription Plans

Access to the Beacon platform requires a paid subscription. Subscription plans, pricing, and included features are specified in your service agreement or order form. Consulting and training services are billed separately according to the applicable statement of work or service agreement.

Recurring Billing

Unless otherwise stated in your service agreement, subscriptions are billed on a recurring basis (monthly or annually, as selected). By subscribing, you authorize SystemPath to charge your designated payment method on each billing cycle. Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.

Cancellation

Where your subscription is governed by a signed agreement, the term, notice, and cancellation provisions of that agreement apply, including any minimum-term commitment and any advance-notice requirement for non-renewal. Absent such an agreement, you may cancel your subscription at any time through the Beacon platform or by contacting us at [email protected], and your access to the Platform will continue through the end of your current paid billing period. No refunds are provided for partial billing periods unless otherwise required by applicable law.

Price Changes

Where your subscription is governed by a signed agreement, the renewal-pricing provisions of that agreement apply, including any notice period and any cap on increases. Absent such an agreement, SystemPath may change subscription pricing with at least thirty (30) days' written notice prior to the start of your next billing period, and if you do not agree with a price change you may cancel your subscription before the new pricing takes effect. Continued use of the Platform after a price change constitutes acceptance of the new pricing.

Payment Processing

Payments are processed through Stripe, Inc., our third-party payment processor. By providing your payment information, you agree to Stripe's terms of service. SystemPath does not store your full credit card number on our servers. You are responsible for all applicable taxes associated with your use of the Services.

Failed Payments

If a payment fails, we will notify you and provide a grace period to update your payment information. If payment is not received within the grace period, your account may be suspended or downgraded, and your access to certain features may be restricted until payment is resolved.

6. User Responsibilities and Acceptable Use

When using the Services, you agree to:

• Use the Services only for lawful purposes and in accordance with these Terms
• Provide accurate and truthful information in all forms, submissions, and data entries
• Comply with all applicable food safety regulations and standards in your jurisdiction
• Maintain the security and confidentiality of your account credentials

You agree not to:

• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Platform
• Share your account credentials with any other person or allow others to access the Platform through your account
• Access or attempt to access other users' accounts, data, or any portions of the Services not intended for your use
• Use the Services to develop a competing product or service, or for benchmarking or competitive analysis purposes
• Use automated scripts, bots, crawlers, or similar tools to access, scrape, or interact with the Services without our prior written consent
• Circumvent, disable, or interfere with any security features, access controls, or usage limits of the Services
• Upload or transmit any viruses, malware, or other harmful code through the Services
• Use the Services in any manner that could overload, impair, or damage our systems or interfere with other users' access to the Services
• Reproduce, distribute, sublicense, or create derivative works from the Services or any Content without prior written permission
• Use the Services to transmit unsolicited communications, spam, or any content that is unlawful, harmful, threatening, abusive, or otherwise objectionable

Violation of this acceptable use policy may result in immediate suspension or termination of your access to the Services.

7. Your Data and Data Ownership

Ownership

You retain all rights, title, and interest in your User Data. SystemPath does not claim any ownership of the food safety records, documents, compliance data, or other content that you or your authorized users enter into the Platform.

License to SystemPath

You grant SystemPath a limited, non-exclusive, royalty-free license to host, store, process, transmit, and display your User Data solely for the purpose of providing, maintaining, and improving the Services. This license terminates when your User Data is deleted from our systems.

Data Isolation

The Beacon platform uses tenant-level data isolation. Your organization's data is logically separated from other organizations' data. Only authorized users within your organization, as configured through your account's role-based access controls, may access your User Data.

Data Protection

SystemPath implements appropriate technical and organizational measures to protect your User Data, including encryption in transit and at rest, role-based access controls, and regular security assessments. In the event of a data breach that affects your User Data, SystemPath will notify you within seventy-two (72) hours of becoming aware of the breach, as required by applicable law.

Data Processing Agreement

A Data Processing Agreement (DPA) is available upon request for organizations that require one for regulatory compliance. Contact us at [email protected] to request a DPA.

No Sale of Data

SystemPath does not sell your User Data to third parties. Your food safety data within the Platform is never shared with anyone outside of the authorized users within your organization, except as necessary to provide the Services (such as processing by our infrastructure providers) or as required by law.

Aggregated Data

SystemPath may use anonymized and aggregated data derived from your use of the Services for purposes such as improving the Platform, generating industry benchmarks, and developing new features. Such aggregated data will not identify you or your organization.

8. Intellectual Property

SystemPath Intellectual Property

The SystemPath website, Beacon platform, and all related content, features, functionality, software, designs, trademarks, and documentation are owned by System Path LLC and are protected by copyright, trademark, patent, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in SystemPath's intellectual property except the limited right to use the Services in accordance with these Terms.

Our Content

Templates, default workflows, training materials, compliance frameworks, and other Content provided by SystemPath remain our intellectual property. You may use this Content in connection with the Services for your internal business purposes but may not redistribute, resell, or sublicense it to third parties.

Feedback

If you provide feedback, suggestions, or ideas about the Services ("Feedback"), you grant SystemPath a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate that Feedback into the Services without obligation to you. You are not required to provide Feedback.

9. Confidentiality

Each party agrees to maintain the confidentiality of the other party's Confidential Information and to use it only for purposes related to the Services. Neither party will disclose the other party's Confidential Information to any third party without prior written consent, except to employees, contractors, or agents who need access to perform obligations under these Terms and who are bound by confidentiality obligations at least as protective as those in this section.

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully known to the receiving party before disclosure; (c) is independently developed by the receiving party without use of the disclosing party's Confidential Information; or (d) is rightfully received from a third party without restriction on disclosure. Either party may disclose Confidential Information if required by law, regulation, or court order, provided that the disclosing party gives reasonable notice to the other party where legally permitted.

10. Food Safety Disclaimer

The Beacon platform, Consulting Services, and Training Services are tools and resources designed to support your food safety program. They are intended to assist qualified food safety professionals and do not replace the expertise, judgment, and oversight of such professionals.

You acknowledge and agree that:

• SystemPath is not responsible for ensuring that your facility meets all applicable food safety laws, regulations, and certification requirements. Compliance with these requirements is your sole responsibility.
• The Consulting Services are advisory in nature. Recommendations, assessments, and guidance provided by SystemPath consultants are based on their professional expertise and the information you provide, but do not constitute a guarantee that your facility will pass any specific audit, inspection, or certification.
• The Platform provides tools for managing food safety programs but does not independently verify the accuracy or completeness of the data you enter. You are responsible for the accuracy of your food safety records.
• Training Services provide education and knowledge, but the application of that knowledge to your specific facility and processes is your responsibility.
• No output from the Services should be treated as a substitute for independent professional review and judgment by qualified food safety personnel.

11. AI-Powered Features

The Beacon platform includes AI-powered features that use artificial intelligence and large language models to provide suggestions, generate content, assist with compliance analysis, and support other food safety workflows. By using these features, you acknowledge and agree to the following:

• Human Review Required: All AI-generated content, suggestions, and analysis are provided as drafts and recommendations only. You must review, verify, and approve any AI output before incorporating it into your food safety programs or relying on it for compliance purposes.
• Third-Party Processing: AI features are powered by third-party service providers, including Anthropic, OpenAI, Google, and Voyage AI. Content you submit to AI-powered features may be transmitted to these providers for processing. These providers process your data in accordance with their enterprise data processing terms and do not use your data to train their models.
• No Guarantee of Accuracy: AI-generated outputs may contain errors, omissions, or inaccuracies. SystemPath does not warrant the accuracy, completeness, or reliability of any AI-generated content. You assume full responsibility for any decisions made based on AI outputs.
• Changes to AI Features: SystemPath may update, modify, or discontinue AI-powered features at any time as the underlying technology evolves. We will provide reasonable notice of material changes to AI features that may affect your workflows.

12. Service Availability and Support

Availability

SystemPath uses commercially reasonable efforts to maintain the availability of the Beacon platform. However, we do not guarantee uninterrupted or error-free access. The Platform may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond our reasonable control.

Scheduled Maintenance

We will provide reasonable advance notice of planned maintenance windows that may affect Platform availability. Where possible, maintenance will be scheduled during off-peak hours.

Support

Support is available during regular business hours via email at [email protected] and through the Beacon platform. Specific support terms, including response time commitments and service levels, may be detailed in your individual service agreement.

13. Third-Party Services

The Services integrate with and rely on third-party service providers for certain functionality, including payment processing (Stripe), cloud infrastructure and email delivery (Amazon Web Services), security and content delivery (Cloudflare), AI processing (Anthropic, OpenAI, Google, and Voyage AI), and others. These third-party services are governed by their own terms of service and privacy policies.

SystemPath is not responsible for the availability, performance, or practices of third-party services. Any issues arising from your use of third-party services should be directed to the applicable third-party provider. SystemPath will use commercially reasonable efforts to select and maintain reliable third-party service providers, but will not be liable for any interruptions or failures caused by third-party services.

14. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

SYSTEMPATH DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE; (C) THE PLATFORM WILL MEET ALL OF YOUR REGULATORY OR COMPLIANCE REQUIREMENTS; (D) ANY AI-GENERATED CONTENT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR YOUR PURPOSES; OR (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SYSTEMPATH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR REVENUE, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, EVEN IF SYSTEMPATH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SYSTEMPATH'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO SYSTEMPATH IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

You expressly acknowledge that: SystemPath is not liable for any food safety incidents, product recalls, regulatory fines, audit failures, foodborne illness outbreaks, or any other consequences arising from your food safety programs, regardless of whether you used the Services in developing or managing those programs. Responsibility for food safety compliance rests solely with you and your organization.

16. Indemnification

Your Indemnification

You agree to indemnify, defend, and hold harmless SystemPath and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) the accuracy, completeness, or adequacy of your food safety programs, records, or compliance practices; or (e) any claim by a third party related to your food safety operations.

SystemPath Indemnification

SystemPath agrees to indemnify, defend, and hold harmless you from and against any third-party claim that the Platform, as provided by SystemPath, infringes a valid patent, copyright, or trademark of a third party, provided that you promptly notify SystemPath of the claim and give SystemPath sole control of the defense and settlement.

17. Term and Termination

Term

These Terms remain in effect for as long as you use the Services or maintain an account. The term of your Subscription is specified in your service agreement or order form.

Termination for Convenience

Where your Subscription is governed by a signed agreement, termination is governed by that agreement, and any minimum-term commitment survives cancellation of access. Absent such an agreement, you may terminate your Subscription at any time by canceling through the Platform or by contacting us, and your access will continue through the end of your current paid billing period.

Termination for Cause

Either party may terminate these Terms if the other party materially breaches any provision and fails to cure such breach within thirty (30) days of receiving written notice. SystemPath may immediately suspend or terminate your access without prior notice if: (a) you violate the acceptable use provisions in Section 6; (b) your account is more than thirty (30) days past due on payment; or (c) continued provision of the Services to you would violate applicable law.

Effects of Termination

Upon termination: (a) your right to access the Platform will cease; (b) you will have a data export window as described in Section 18; (c) Sections 2, 7-11, 14-16, 18-21, and 23 will survive termination; and (d) any outstanding payment obligations will remain due.

18. Data Export and Portability

You may export your User Data from the Beacon platform at any time during your active Subscription using the Platform's built-in export tools. Data exports are available in standard formats including CSV and PDF.

Upon termination of your Subscription, SystemPath will maintain your User Data and provide data export capabilities for a period of thirty (30) days, unless otherwise specified in your service agreement. After this thirty-day period, your User Data will be deleted from production systems and will no longer be available for use; residual copies on encrypted backup media age out on the ordinary backup rotation schedule.

If you need assistance with data export or require a longer data retention period, contact us at [email protected] before your Subscription ends.

19. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond the party's reasonable control, including but not limited to acts of God, natural disasters, pandemics or epidemics, government actions or orders, war or terrorism, labor disputes, internet or telecommunications failures, power outages, or cyberattacks. The affected party will use reasonable efforts to mitigate the impact and resume performance as soon as practicable.

20. Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions.

Informal Resolution

Before initiating any formal legal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiation. The complaining party must send written notice describing the dispute and proposed resolution to the other party. The parties will have thirty (30) days from receipt of such notice to attempt to resolve the dispute informally.

Jurisdiction

If a dispute cannot be resolved informally, any legal proceedings arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Wayne County, Michigan. Each party consents to the personal jurisdiction and venue of such courts.

21. General Provisions

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms, together with any applicable service agreements, order forms, statements of work, and the Privacy Policy, constitute the entire agreement between you and SystemPath with respect to the Services and supersede all prior and contemporaneous agreements, proposals, and communications, whether oral or written.

If you have entered into a signed Master Subscription Agreement with System Path LLC, that agreement supersedes these Terms with respect to your access to and use of the Beacon platform. SystemPath's modification of these Terms under Section 22 does not modify your signed agreement, which may be amended only as that agreement provides.

No Waiver

The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the waiving party.

Assignment

You may not assign or transfer your rights or obligations under these Terms without SystemPath's prior written consent. SystemPath may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets without your consent, provided that the assignee agrees to be bound by these Terms.

Notices

Notices under these Terms may be sent via email to the addresses associated with your account (for notices to you) or to [email protected] (for notices to SystemPath). Notices are deemed received when sent via email, unless the sending party receives an automated delivery failure notification.

22. Changes to Terms

SystemPath may update these Terms from time to time. For material changes, we will provide at least thirty (30) days' notice before the changes take effect. Notice will be provided by posting the updated Terms on this page and, for Beacon platform users, through in-app notification.

Your continued use of the Services after the effective date of updated Terms constitutes your acceptance of the changes. If you do not agree with the updated Terms, you must stop using the Services and may cancel your Subscription.

23. Contact Us

If you have questions or concerns about these Terms, please contact us:

• Email: [email protected]
• Phone: (313) 484-4887
• Address: System Path LLC, 7722 Market St, Suite B, Canton, MI 48187