Terms and Conditions for Use of Classeq Limited’s Clean Connect Service
Set out below are the terms and conditions on which Customers who have acquired Classeq branded warewashing machines for use in their business may have access to and use the Clean Connect Service which is enabled via software incorporated into the machines and provided from a platform operated by or on behalf of Classeq.

By registering the Customer’s Classeq equipment with the Clean Connect Service, the Customer accepts these terms and conditions and agrees to be bound by them.

1. Interpretation

1.1 The definitions and rules of interpretation in this condition apply to these terms and conditions.

Affiliate: an entity which directly or indirectly controls, is controlled by or is under common control with a Party from time to time (where “control” has the meaning given in s1124 Corporation Tax Act 2010).

Authorised Users: those employees of the Customer and others (including Classeq distributors and other third parties) who are duly authorised or enabled by the Customer to use the Clean Connect Service in relation to a Customer’s Connected Machine.

Classeq: Classeq Limited of Classeq House, Beacon Way, Stafford, ST18 0DG.

Clean Connect Service: the provision of access to the Service Platform in order to view usage and performance data received from the Connected Machine presented in the form of a dashboard with graphical and other displays showing machine operational status, operating temperature, usage and performance statistics and other operational data relating to use of the Connected Machine.

Confidential Information: information that is proprietary or confidential in nature (however recorded or preserved) and whether relating to the Clean Connect Service, the Service Platform or the Customer.

Connected Machine: the Classeq branded dishwasher which has been registered with the Clean Connect Service by the Customer.

Connected Machine Use Data: Usage and performance data relating to and generated by the Connected Machine displayed both on the digital display screen incorporated into the Connected Machine and transmitted to the Service Platform by the Connected Machine for display via the Clean Connect Service.

Customer: the person or entity who or which has purchased the Connected Machine either directly from Classeq or from a Classeq-approved distributor and who or which intends to use the Connected Machine solely in its business.

Effective Date: the date of on which the Customer registers a machine as a Connected Machine.

EU: The European Union.

EU Data Act: Regulation (EU) 2023/2854 of the European Parliament and of the Council on harmonised rules on fair access to and use of data.

Party: Classeq, the Customer and any Authorised User who registers to use the Clean Connect Service

Service Platform: a platform (owned by an Affiliate of Classeq) comprising software applications hosting Connected Machine Use Data and located in Germany.

Software: the software applications built into the Connected Machine and resident on the Service Platform which store and present Connected Machine Use Data to Authorised Users.

Term: the period over which the Connected Machine remains registered to the Clean Connect Service in the name of the Customer or such other period as may be determined by the application of condition 12.2.

Virus: any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.

Vulnerability: a weakness in the computational logic (for example, code) found in software and hardware components that when exploited, results in a negative impact to the confidentiality, integrity, or availability of Connected Machine Use Data or any other data resident on the Service Platform, and the term Vulnerabilities shall be interpreted accordingly.

1.2 headings shall not affect the interpretation of these terms and conditions.

1.3 A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality).

1.4 A reference to a company includes any company, corporation or other body corporate, wherever and however incorporated or established.

1.5 Unless the context otherwise requires, words in the singular includes the plural and in the plural includes the singular.

1.6 Unless the context otherwise requires, a reference to one gender includes a reference to the other genders.

1.7 A reference to a statute, statutory provision or regulation is a reference to a statute, statutory provision or regulation of the United Kingdom as it is in force from time to time.

1.8 A reference to a statute or statutory provision includes all subordinate legislation made as at the date of this agreement under that statute or statutory provision.

1.9 A reference to writing or written excludes fax but not email.

1.10 References to conditions are to numbered conditions of these terms and conditions.

2. Use of Clean Connect Service

2.1 Subject to the provisions set out in this clause 2 and the other terms and conditions set out below, Classeq hereby grants to the Customer a non-exclusive, non-transferable right and licence to use the Clean Connect Service solely for the Customer's internal business operations.

2.2 The Customer may permit Authorised Users to have access to the Clean Connect Service in connection with the conduct of the Customer’s business operations.

2.3 In relation to Authorised Users, the Customer undertakes that:

(a) each Authorised User shall keep a secure password for their use of the Clean Connect Service, that such password shall be changed no less frequently than three months and that each Authorised User shall keep their password confidential;

(b) it shall permit Classeq or its designated auditor to audit the Customer’s use of Clean Connect Service in order to establish the name and password of each Authorised User and the Customer's data processing facilities to audit compliance with this agreement;

(c) if any of the audits referred to in clause 2.3(b) reveal that any password has been provided to any individual who is not an Authorised User, then without prejudice to Classeq’s other rights, the Customer shall promptly disable such passwords and Classeq shall not issue any new passwords to any such individual.

2.4 The Customer shall not access, store, distribute or transmit any Viruses, or any material during the course of its use of the Clean Connect Service that:

(a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;

(b) facilitates illegal activity;

(c) depicts sexually explicit images;

(d) promotes unlawful violence;

(e) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or

(f) is otherwise illegal or causes damage or injury to any person or property;

and Classeq reserves the right, without liability or prejudice to its other rights to the Customer, to disable the Customer's access to any material that breaches the provisions of this condition.

2.5 The Customer shall not:
(a) except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under this agreement:

(i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software or the Clean Connect Service (as applicable) in any form or media or by any means; or

(ii) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software or the Clean Connect Service; or

(b) access all or any part of the Clean Connect Service in order to build a product or service which competes with the Clean Connect Service; or

(c) use the Clean Connect Service to provide services to third parties; or

(d) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Clean Connect Service available to any third party except Authorised Users, or

(e) attempt to obtain, or assist third parties in obtaining, access to the Clean Connect Service and/or the Connected Machine Use Data, other than as provided under this clause 2; or

(f) introduce or permit the introduction of, any Virus or Vulnerability into the Connected Machine, the Clean Connect Service, the Software, the Service Platform or Classeq’s network and information systems.

2.6 The Customer shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Clean Connect Service and/or the Software and, in the event of any such unauthorised access or use, promptly notify the Supplier.

2.7 The rights provided under this clause 2 are granted to the Customer and its Authorised Users only, and shall not be considered granted to any Affiliate of the Customer.

2.8 By completing the log on or registration process as an Authorised User, each Authorised User accepts these terms and conditions and agrees to be bound by them as if they were the Customer.

2.9 The Clean Connect Service is offered to Customers located in countries around the World via Classeq’s headquarters in the United Kingdom. Customers not located in the United Kingdom or the nations and territories of the European Union are responsible for ensuring that the Clean Connect Service may lawfully be accessed by them and their Authorised Users and that Connected Machine Use Data may lawfully be transmitted from their Connected Machine to Classeq and to the Service Platform.

3. Services
3.1 Classeq shall, during the Term, provide the Clean Connect Service to the Customer and Authorised Users on and subject to the terms of this agreement and shall make the Connected Machine Use Data available to the Customer and Authorised Users free of charge, securely, and in a comprehensive, structured, commonly used, and machine-readable format.

3.2 Classeq shall, subject to the provisions of Condition 5.3, use commercially reasonable endeavours to make the Clean Connect Service available 24 hours a day, seven days a week, except for periods of planned maintenance (notice of which Classeq shall endeavour to post on its website from time to time) and emergency maintenance as and when required.

4. Use of Connected Machine Data
4.1 Classeq acknowledges that Connected Machine Use Data is owned by the Customer, but it is agreed that in order for the Customer and Authorised Users to have the benefit of the Clean Connect Service Classeq requires an unrestricted right to receive and display the Connected Machine Use Data. Accordingly, the Customer grants Classeq an irrevocable, transferable, sub-licensable, non-exclusive right and licence free of licence fee to receive and use the Connected Machine Data:

(i) for delivery of the Clean Connect Service;

(ii) for the preparation and production of reports and analysis of the functionality and performance of the Connected Machine and Classeq’s products generally;

(iii) for developing improvements and enhancements of its products and service offerings and their production, commercialisation and distribution;

(iv) for developing new products and services, including applications in the field of artificial intelligence;
(v) for aggregating or combining with other similar data for any lawful purpose;

all of which rights may be sub-licensed (either individually or together) by Classeq to its Affiliates and third parties co-operating with Classeq or its Affiliates in any of the above purposes, provided that nothing in this condition permits or authorises Classeq to share Connected Machine Use Data which is Authorised User Personal Data with any person or to any extent not permitted by Applicable Data Protection Laws.

5. Data protection

5.1 In this Condition:
Applicable Laws: means:

To the extent the UK GDPR applies, the law of the United Kingdom or of a part of the United Kingdom.

To the extent EU GDPR applies, the law of the EU or any member state of the EU to which Classeq is subject.

Applicable Data Protection Laws: means:
To the extent the UK GDPR applies, the law of the United Kingdom or of a part of the United Kingdom which relates to the protection of personal data.

To the extent the EU GDPR applies, the law of the EU or any member state of the EU to which Classeq is subject, which relates to the protection of personal data.

If the Customer or an Authorised User is located in the EU, the EU Data Act.

EU GDPR: the General Data Protection Regulation ((EU) 2016/679).

Authorised User Personal Data: any personal data which Classeq processes in connection with the supply of the Clean Connect Service to the Customer’s Authorised Users in the capacity of a controller.

UK GDPR: has the meaning given to it in the Data Protection Act 2018.

5.2 For the purposes of this Condition 4.2, the terms controller, processor, data subject, personal data, personal data breach and processing shall have the meaning given to them in the UK GDPR.

5.3 Both parties will comply with all applicable requirements of Applicable Data Protection Laws. This Condition 4 is in addition to, and does not relieve, remove or replace, a party's obligations or rights under Applicable Data Protection Laws.

5.4 The parties have determined that, for the purposes of Applicable Data Protection Laws Classeq shall act as controller in respect of the personal data and processing activities relating to and arising from registration by the Customer and its Authorised Users for use of the Clean Connect Service;

5.5 By registering for receipt of the Clean Connect Service, the Customer consents to (and shall procure all required consents, from its Authorised Users, in respect of) all actions taken by Classeq in connection with the processing of Authorised User Personal Data, provided these are in compliance with the then-current version of Classeq’s privacy policy available at [COMPANY WEBSITE URL] (Privacy Policy). In the event of any inconsistency or conflict between the terms of the Privacy Policy and these Conditions, the Privacy Policy will take precedence.

5.6 Without prejudice to the generality of Condition 5.5, the Customer will ensure that it has all necessary appropriate consents and notices in place to enable lawful collection of Authorised User Personal Data by Classeq for the Term.

6. Classeq's obligations
6.1 Classeq shall provide the Clean Connect Service with reasonable skill and care and in accordance with all quality and service standards which Classeq has adopted or to which it is certified.

6.2 Classeq's obligations at clause 5.1 shall not apply to the extent of any non-conformance which is caused by use of the Clean Connect Service contrary to Classeq’s instructions, or modification or alteration of the Clean Connect Service by any party other than Classeq, its Affiliates or its or their duly authorised contractors or agents. If the Clean Connect Service does not conform with the terms of condition 6.1, Classeq will, at its expense, use reasonable commercial endeavours to correct any such non-conformance promptly. Such correction constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 6.1.

6.3 Classeq:
(a) does not warrant that:

(i) the Customer's or Authorised User’s access to or use of the Clean Connect Service will be uninterrupted or error-free; or

(ii) that the information obtained by the Customer through the Clean Connect Service will meet the Customer's requirements.

(b) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Clean Connect Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

7. Customer's obligations

7.1 The Customer shall:
(a) provide Classeq with:

(i) all necessary co-operation in relation to its use of the Clean Connect Service; and

(ii) all necessary access to such information as may be required by Classeq;

in order to provide the Clean Connect Service.

(b) without affecting its other obligations under this agreement, comply with all applicable laws and regulations (including those of the state or territory in which the Customer is located) with respect to its use of the Clean Connect Service. In particular, the Customer and Authorised Users will comply with all laws, codes, policies and regulations relating to the operation of the Connected Machine and the viewing, transfer and use of data (whether or not personal data) in the state or territory in which they are located.

(c) ensure that the Authorised Users use the Clean Connect Service in accordance with these terms and conditions and shall be responsible for any Authorised User's breach of these terms and conditions;

(d) obtain and shall maintain all necessary licences, consents, and permissions necessary for the Supplier and its Authorised Users to access the Clean Connect Service

(e) be, to the extent permitted by applicable law and except as otherwise expressly provided in this agreement, solely responsible for procuring, maintaining and securing its network connections and telecommunications links from its systems to Classeq’s (and/or its Affiliates’) data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Customer's network connections or telecommunications links or caused by the internet.

(f) Without prejudice to its obligations set out above, take and implement reasonable security measures over its network and information systems with a view to preventing unauthorised access to Classeq’s network and information systems (and those of its Affiliates) via its use of the Clean Connect Service.

8. Proprietary rights
8.1 The Customer acknowledges and agrees that Classeq and/or its Affiliates and/or its or their licensors own all intellectual property rights in the Clean Connect Service, the Service Platform and the Software. Except as expressly stated herein, this agreement does not grant the Customer any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks
(whether registered or unregistered), or any other rights or licences in respect of the Clean Connect Service or the Software.

9. Confidentiality
9.1 The provisions of this condition shall not apply to any Confidential Information that:

(a) is or becomes generally available to the public (other than as a result of a breach of this condition);

(b) was available to a party on a non-confidential basis before disclosure by the disclosing party;

(c) was, is or becomes available to a party on a non-confidential basis from a person who is not bound by a confidentiality agreement with any person or otherwise prohibited from disclosing the information.

9.2 Each Party shall keep the other Party's Confidential Information secret and confidential and shall not:

(a) use such Confidential Information except for the purpose of exercising or performing its rights and obligations in accordance with these terms and conditions; or

(b) disclose such Confidential Information in whole or in part to any third party, except as expressly permitted by this condition 8.

9.3 A Party may disclose the other party's Confidential Information to those of its Authorised Users who need to know such Confidential Information in order to use the Clean Connect Service provided that:

(a) it informs its Authorised Users of the confidential nature of the Confidential Information before disclosure; and

(b) at all times, it is responsible for its Authorised Users’ compliance with the confidentiality obligations set out in this condition.

9.4 A Party may disclose Confidential Information to the extent such Confidential Information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction provided that, to the extent it is legally permitted to do so, it gives the other party as much notice of the disclosure as possible

9.5 A Party may, provided that it has reasonable grounds to believe that the other party is involved in activity that may constitute a criminal offence under the Bribery Act 2010, disclose Confidential Information to the Serious Fraud Office without first informing the other party of such disclosure.

9.6 Each Party reserves all rights in its Confidential Information. No rights or obligations in respect of a Party's Confidential Information other than those expressly stated in this condition are granted to the other party, or to be implied from this agreement.

9.7 On termination or expiry of the Term, each Party shall (subject and without prejudice to the provisions of condition 12.3):

(a) destroy or return to the other Party all documents and materials (and any copies) containing, reflecting, incorporating or based on the other party's Confidential Information; and

(b) erase all the other Party's Confidential Information from computer and communications systems and devices used by it, including such systems and data storage services provided by third parties (to the extent technically and legally practicable).

10. Indemnity
The Customer shall defend, indemnify and hold harmless Classeq against claims, actions, proceedings, losses, liability, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the Customer's use of the Clean Connect Service and/or arising out of any breach by the Customer or its Authorised Users of these terms and conditions.

11. Limitation of liability
11.1 The following definitions apply in this condition 10:

(a) liability: every kind of liability arising under or in connection with these terms and conditions including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise; and

(b) default: any act or omission resulting in one Party incurring liability to the other.

11.2 Except as expressly and specifically provided in these terms and conditions:

(a) the Customer assumes sole responsibility for results obtained from the use of the Clean Connect Service and the receipt of Connected Machine Use Data by the Customer and its Authorised Users, and for conclusions drawn from such use;

(b) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from the agreement with the Customer and/or any Authorised User arising on acceptance of these terms and conditions by the Customer or Authorised User (as the case may be); and

(c) the Clean Connect Service is provided on an "as is" basis.

11.3 Nothing in these terms and conditions excludes the liability of Classeq:

(a) for death or personal injury caused by Classeq’s negligence; or

(b) for fraud or fraudulent misrepresentation; or

(c) for non-compliance with the EU Data Act’s data sharing and access obligations; or

(d) for any other loss which cannot be excluded by law.

11.4 Subject to clause 11.2 and clause 11.3:

(a) Classeq shall have no liability for any:

(i) loss of profits,

(ii) loss of business,

(iii) wasted expenditure,

(iv) depletion of goodwill and/or similar losses,

(v) loss or corruption of data or information, or

(vi) any special, indirect or consequential loss, costs, damages, charges or expenses; and

(b) Classeq’s total aggregate liability to the Customer and its Authorised Users in respect of all defaults shall not exceed the sum of £5,000.

11.5 Nothing in this agreement excludes the liability of the Customer or an Authorised User for any breach, infringement or misappropriation of Classeq’s Intellectual Property Rights.

12. Term and termination
12.1 The Clean Connect Service will, subject to the following provisions of this Condition 12, be available to the Customer throughout the Term.

12.2 The Customer or any Authorised User may terminate its use of the Clean Connect Service at any time by de-registering the Connected Machine (in the case of the Customer) or terminating the applicable registration (in the case of an Authorised User).

12.3 Without affecting any other right or remedy available to it, Classeq may terminate access by the Customer or any of its Authorised Users to the Clean Connect Service with immediate effect if:

(a) Classeq has reason to believe that the Customer or any Authorised User has given false or incorrect information when registering for the Clean Connect Service ;

(b) The Customer or any Authorised User commits a material breach of any of these terms and conditions and (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified to do so;

(c) the Customer suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business in which the Connected Machine is used;

(d) the Customer or any Authorised User is in breach of any law, regulation or code local to the Customer’s site where the Connected Machine is in use; or

(e) the Customer or any Authorised User has not accessed the Clean Connect Service for a continuous period of more than three months; or

(f) the Customer sells or otherwise disposes of the Connected Machine.

12.3 On termination of the Customer’s right of access to the Clean Connect Service for any reason Classeq will forthwith disable the login details applicable to the Customer and its Authorised Users and will, at the Customer’s request, delete all applicable stored data (whether personal or other data) from the Clean Connect Service and Software, save to the extent that Classeq is required or permitted by law to retain such data for its ongoing business purposes.

13. Force majeure
13.1 Neither Party shall be liable for any delay or failure in the performance of its obligations to the other under these terms and conditions for so long as and to the extent that such delay or failure results from events, circumstances or causes beyond its reasonable control.

14. Variation
14.1 Classeq reserves the right to vary these terms and conditions from time to time and will notify the Customer and Authorised Users of any such variation by posting notification of the applicable variation on its website.

15. Waiver
15.1 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

15.2 A delay or failure to exercise, or the single or partial exercise of, any right or remedy does not waive that or any other right or remedy, nor does it prevent or restrict the further exercise of that or any other right or remedy.

16. Rights and remedies
16.1 Except as expressly provided in these terms and conditions, the rights and remedies contained in these terms and conditions are in addition to, and not exclusive of, any rights or remedies provided by law.

17. Severance
17.1 If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these terms and conditions.

18. Entire agreement
18.1 These terms and conditions set out and constitute the entire agreement between Classeq, the Customer and Authorised Users and supersede and extinguish all previous and contemporaneous agreements, promises, assurances and understandings between them, whether written or oral, relating to its subject matter.

18.2 Each Party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this these terms and conditions.

18.3 Nothing in this condition shall limit or exclude any liability for fraud.

19. No partnership or agency
19.1 Nothing in these terms and conditions is intended to or shall operate to create a partnership between Classeq, the Customer and any Authorised User, or authorise any party to act as agent for the other. The Customer shall not have the authority to act in the name or on behalf of or otherwise to bind Classeq in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

20. Governing law
20.1 These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the law of England and Wales.

21. Jurisdiction
21.1 Each party irrevocably agrees that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms and conditions and the use of the Clean Connect Service (including non-contractual disputes or claims).

22. Software updates
22.1 With this connected dishwasher, it is possible to view information such as details on the use of the Clean Connect dishwasher (number of wash cycles, cycle times, load, operating temperature, etc.), any malfunctions of the Clean Connect dishwasher, and other details about the Clean Connect dishwasher that provide information on its operating status and settings, (“Dishwasher data”) via the Classeq online service, it is also possible to install software updates on the Clean Connect dishwasher via remote maintenance and to make changes to the technical settings of the connected dishwasher (the latter, however, only to the extent that you consent to these changes in the technical settings and by registering to Clean Connect).

22.2 Via this Clean Connect dishwasher’s bidirectional interface, Classeq can remotely modify various technical settings on the Clean Connect dishwasher – provided this service is offered by Classeq in your country and the Clean Connect dishwasher is connected to the internet – (adjusting general settings, adjustment of parameters for the washing process and transfer of wash cycles) and update the software used by the connected dishwasher.

22.3 Changes to the technical settings will only be implemented if you confirm them on the display of the Clean Connect dishwasher. Classeq will not make any changes to the technical settings of the connected dishwasher without obtaining your confirmation. Please note that these changes may affect the consumption data of the Clean Connect dishwasher.

22.4 If the software updates for the Clean Connect dishwasher provided by Classeq must be installed for security reasons. Here, you can only decide whether an update should be installed during current operation or automatically the next time the connected dishwasher is started; further delays are not possible.