Terms and Conditions

By accessing or using the KPC platform, website, or services (collectively, the "Service"), you agree to be bound by these Terms and Conditions ("Terms").

If you do not agree to these Terms, you must not use the Service.

KPC provides a cloud-based software platform designed to:

• Extract invoice data from uploaded documents
• Track supplier price fluctuations
• Provide menu costing analysis
• Generate cost intelligence reporting
• Deliver margin alerts and analytics tools
• Track alcohol inventory movements and generate reconciliation reports
• Process point-of-sale data for budget and inventory purposes

KPC is a data processing and analytics tool only and does not provide accounting, tax, legal, financial, or regulatory compliance advice of any kind.

You represent and warrant that you:

• Are at least 18 years of age
• Have the legal capacity to enter into binding agreements
• Are using the Service for lawful business purposes

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain the confidentiality of your login credentials
• Notify us immediately of any unauthorized access

You are solely responsible for all activities conducted under your account.

5.1 Subscription Plans

KPC is offered on a subscription basis (monthly or annual), including optional add-ons.

5.2 Billing

• Fees are billed in advance
• All payments are non-refundable except where required by applicable law
• Failure to pay may result in suspension or termination of access

5.3 Price Changes

We reserve the right to modify pricing upon reasonable prior notice.

6.1 Ownership

You retain all ownership rights to data you upload, including:

• Invoices
• Supplier/vendor data
• Recipes
• Cost inputs

6.2 License to KPC

You grant KPC a non-exclusive, worldwide, royalty-free license to process, store, analyze, and display your data solely for the purpose of providing and improving the Service.

6.3 Supplier Data Processing

The Customer acknowledges that any references to third-party suppliers within the Service originate exclusively from Customer Data.

KPC processes supplier-related information solely on behalf of the Customer and strictly in accordance with Customer instructions as defined by use of the Service.

KPC does not independently collect, source, or validate supplier data and does not act as a data controller with respect to any third-party supplier information.

All processing of supplier data is limited to providing the Service, including data extraction, normalization, aggregation, and analytics.

You agree not to:

• Use the Service for unlawful or fraudulent purposes
• Upload malicious code or harmful content
• Attempt to reverse engineer, decompile, or exploit the platform
• Access or attempt to access other user accounts
• Scrape, copy, or redistribute platform data without authorization

We reserve the right to suspend or terminate accounts for violations.

We implement commercially reasonable administrative, technical, and physical safeguards to protect your data.

However, you acknowledge that:

• No system is completely secure
• Data transmission over the internet involves inherent risks

KPC may rely on or integrate with third-party providers, including but not limited to:

• Cloud infrastructure providers
• Optical character recognition (OCR) services
• Payment processors

KPC is not responsible for the availability, accuracy, or practices of third-party services.

The Service may reference or display third-party supplier names, including but not limited to Sysco, Costco, Flanagan Foodservice, and Gordon Food Service.

Such references are derived solely from Customer-provided data, including uploaded invoices and manual inputs, and are used strictly for identification, categorization, and analytical purposes within the Service.

KPC does not have any affiliation, partnership, sponsorship, endorsement, approval, or authorized relationship with any third-party supplier unless explicitly stated in a separate written agreement.

KPC does not source, verify, or represent pricing, product, or supplier data on behalf of any third party. All supplier-related data is Customer-provided and may be incomplete or inaccurate.

All third-party names, trademarks, and logos remain the property of their respective owners. KPC claims no ownership or rights in such materials.

All rights, title, and interest in and to the Service, including:

• Software
• Design
• User interface
• Branding
• Analytics systems

are owned by KPC or its licensors and are protected by applicable intellectual property laws. You may not reproduce, modify, distribute, or create derivative works without prior written consent.

We aim to provide reliable access to the Service but do not guarantee uninterrupted or error-free operation. We reserve the right to:

• Modify or discontinue features
• Perform maintenance
• Suspend access temporarily

We may suspend or terminate your access at our sole discretion if:

• You breach these Terms
• You fail to pay applicable fees
• We discontinue the Service

Upon termination:

• Your access may be revoked immediately
• We may delete or retain data in accordance with our policies

14.1 No Compliance Guarantee

KPC includes tools for tracking alcohol inventory, recording purchase and sales movements, and generating reconciliation reports. These features are provided for record-keeping convenience only.

KPC does not represent, warrant, or guarantee that any report, data, or output generated by the Service satisfies any requirement imposed by the Alcohol and Gaming Commission of Ontario (AGCO), the Liquor Licence and Control Act, 2019, or any other applicable law, regulation, or regulatory body.

14.2 Your Sole Responsibility

You are solely responsible for:

• Verifying the accuracy and completeness of all inventory data entered into the Service
• Ensuring that your establishment meets all applicable liquor licensing, inventory tracking, and reporting obligations
• Retaining original source documents (invoices, receipts, POS records) in accordance with applicable regulations
• Consulting qualified legal, accounting, or regulatory professionals before relying on any Service output for compliance purposes

14.3 No Regulatory Relationship

KPC has no relationship with the AGCO or any other regulatory body. Use of this Service does not constitute filing, registration, or reporting to any government authority.

To the fullest extent permitted by law, KPC shall not be liable for:

• Loss of profits or revenue
• Business interruption
• Data inaccuracies or extraction errors
• Supplier pricing discrepancies
• Any fines, penalties, sanctions, or enforcement actions arising from regulatory non-compliance
• Reliance on inventory, reconciliation, or compliance-related reports generated by the Service
• Indirect, incidental, or consequential damages

Our total liability shall not exceed the total amount paid by you in the twelve (12) months preceding the claim.

The Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties, including:

• Merchantability
• Fitness for a particular purpose
• Accuracy or reliability of extracted data

You agree to indemnify, defend, and hold harmless KPC from any claims, damages, or liabilities arising out of:

• Your use or misuse of the Service
• Your violation of these Terms
• Your uploaded content or data

These Terms are governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to conflict of law principles.

We may update these Terms from time to time. Continued use of the Service after changes constitutes acceptance of the updated Terms.

20.1 Role of the parties

For users located in the European Economic Area, KPC acts as the data controller with respect to your account and profile information, and as a data processor with respect to business data (invoices, vendors, recipes) you upload and manage within the Service.

20.2 Lawful basis

KPC processes personal data of EEA users on the following legal bases under GDPR Art. 6: contractual necessity (operating your account and subscription), legitimate interests (security and fraud prevention), and consent (AI invoice extraction and optional notifications). You may withdraw consent at any time by deleting your account.

20.3 Data transfers

Your data is stored in Canada. Canada holds an EU adequacy decision for PIPEDA-covered organisations, meaning transfers from the EEA to KPC do not require Standard Contractual Clauses. Sub-processors in the USA are covered by Standard Contractual Clauses. See our Privacy Policy section 8 for full detail.

20.4 Your GDPR rights

EEA residents have the right to access, rectify, erase, port, object to, and restrict processing of their personal data. You may also lodge a complaint with your national supervisory authority. See our Privacy Policy section 9 for how to exercise these rights.

20.5 Data Processing Agreement

KPC's Data Processing Agreement (DPA) sets out our obligations as a data processor under GDPR, including sub-processor disclosures, international transfer mechanisms (SCCs), security measures, breach notification timelines, and audit rights. The DPA forms part of these Terms for any Customer subject to GDPR or PIPEDA. Signed copies are available upon request at [email protected].

KPC — Kitchen Porter Costing
[email protected]
kpcosting.ca