SureTrend® Terms of Service
1. Term
This Agreement is valid upon account creation and shall auto-renew unless requested in writing by Customer 60 days prior to the beginning of a new subscription period. Hygiena reserves the right to update pricing with a minimum of 60 days’ notice prior to the new subscription period.
2. Payment
The price of a SureTrend subscription is set by Hygiena. If you purchase a SureTrend subscription, you do so by paying a subscription fee in advance on a recurring basis. When you subscribe to SureTrend paid subscriptions you expressly agree that you are authorizing recurring payments, and that payments will be made by the payment method you have selected until the applicable subscription is canceled by you or by Hygiena. Your payment information will be automatically processed at the start of each subscription period. If your payment information is declined, you must provide new payment information for your subscription or your subscription will be canceled. If you provide new payment information and your payment account is successfully charged, your new subscription period will be based on the original renewal date and not the date the successful charge took place. There are no refunds or credits for any partial subscription periods, including in a situation where certain features, benefits and/or services are modified or discontinued. SUBSCRIPTION PLANS ARE PREPAID, NON-REFUNDABLE (UNLESS REQUIRED BY LAW), AND AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION PERIOD. If paying via check, checks should be made payable to Hygiena and reference the invoice number. Remit payment to Hygiena at the address on the invoice or contact Hygiena for instructions on wiring payment. In the event Customer fails to fulfill the terms of payment, or in case Hygiena has any doubt at the time as to Customer’s financial responsibility, Hygiena may terminate this agreement for cause.
3. SureTrend Software
This Agreement covers access to SureTrend included features, and any new or beta test features released by Hygiena. Technical support representatives are available by telephone or email during normal business hours (PST) to assist with questions or problems regarding software operation and upgrades. Customer may be required to perform minimal troubleshooting tasks to resolve problems. In return for your use of the SureTrend Software, Hygiena grants to Customer/end user a non-exclusive, non-transferable right to use SureTrend Software for the purpose of food safety and hygiene monitoring and subject to the following conditions. This does not guarantee the right to upgrades, updates or other enhancements to the SureTrend Software, except and unless provided by Hygiena. All title and copyrights in and to the SureTrend Software and the accompanying printed materials are owned by Hygiena and are protected by copyright laws and international laws and treaties. This Agreement confers no title or ownership in the SureTrend Software, any associated source code or in any other intellectual property of Hygiena. Customer/user agrees not to disassemble, decompile, decrypt, or reverse engineer the SureTrend Software except, and only to the extent, where permitted by applicable law, which permission cannot be contractually waived. All title and copyrights in and to the SOFTWARE and the accompanying printed materials are owned by Hygiena and are protected by copyright laws and international laws and treaties. These commodities, technology or software are exported from the U.S. in accordance with Hygiena and the Export Administration Regulations. Diversion contrary to U.S. law is prohibited. Limitations of Warranties and Liability shall continue in force even after any termination. All terms in the SureTrend privacy policy apply and can be found at hygiena.com/privacy-policy.
4. Jurisdiction
This Agreement shall be interpreted and governed by the laws of the state of California USA and the courts of California shall have exclusive jurisdiction.
5. Transfer
This Agreement is not assignable or transferable by Customer, in whole or in part, except with the written consent of Hygiena.
6. Termination
Notwithstanding anything contained herein to the contrary, Hygiena may, without prejudice to any of its other rights and remedies, terminate this Agreement by giving a written notice to Customer with immediate effect, if there is a change of control of Customer. Hygiena reserves the right to terminate this Agreement and SureTrend user accounts if there is no login or activity for 180 days.
7. Limitation
CUSTOMER/USER ASSUMES ALL RISKS IN USING THE SURETREND SOFTWARE AND HYGIENA OR ITS REPRESENTATIVES SHALL HAVE NO LIABILITY TO CUSTOMER/USER OR TO ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS EVEN IF CAUSED BY THE NEGLIGENCE OF HYGIENA OR ITS REPRESENTATIVES AND/OR IF HYGIENA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR IF THEY ARE FORESEEABLE. NO CLAIM OF ANY KIND, AND WHETHER OR NOT BASED ON NEGLIGENCE, SHALL BE GREATER IN AGGREGATE AMOUNT THAN THE AMOUNTS PAID BY CUSTOMER/USER TO HYGIENA UNDER THIS AGREEMENT. CUSTOMER/USER SHALL NOTIFY HYGIENA OF ANY CLAIM WITHIN THIRTY (30) DAYS THEREOF AND SHALL COMMENCE ANY ACTION AGAINST HYGIENA AND ITS REPRESENTATIVE WITHIN ONE (1) YEAR OF THE CAUSE OF ACTION OR OTHERWISE BE BARRED FROM ANY REMEDY. HYGIENA SHALL NOT BE RESPONSIBLE FOR COST, LOSS OR LIABILITY THAT ARISE FROM CUSTOMER/USER’S OPERATION OF ITS BUSINESS, AND CUSTOMER/USER AGREES TO INDEMNIFY, DEFEND AND HOLD HYGIENA AND ITS REPRESENTATIVES HARMLESS FROM SUCH COST, LOSS OR LIABILITY. THE MAXIMUM AGGREGATE LIABILITY OF HYGIENA AND ITS REPRESENTATIVES TO CUSTOMER/USER SHALL NOT EXCEED THE AMOUNT(S) PAID BY CUSTOMER/USER TO HYGIENA UNDER THIS AGREEMENT.
8. Not an Insurer
The data within SureTrend can be affected by factors over which Hygiena has no control, including, without limitation, the use of the test equipment and assays in a manner that is contrary to the conditions of use. Because of the large number of factors over which Hygiena has no control, by selling SureTrend or providing support services, Hygiena and its representatives do not become an insurer of Customer/User’s business. Hygiena or its representatives do not and cannot know all of the potential consequences to Customer/User’s business of a failure of SureTrend to perform as expected. That is why Hygiena does not agree to be responsible for Customer/User’s incidental or consequential business losses in the event SureTrend fails to perform as expected. For the same reason, Hygiena has limited its liability to the cost of the product. For additional protection against the risk of loss, Customer/User should consult an insurance broker and buy insurance suitable to the risks of its particular business.
9. Amendments
This Agreement embodies the entire understanding of the parties regarding SureTrend subscriptions and there are no contracts or understandings express or implied, which are not merged herein. Representations or warranties made by any person, including dealers and representatives of Hygiena, which are inconsistent or in conflict with the Terms of this Agreement shall not be binding upon Hygiena unless reduced to writing, approved by Hygiena and signed by both parties.
10. Force Majeure
Hygiena shall not be liable to Customer for any delay in performing or failing to perform obligations, covenants or agreements under this Agreement if such failure or delay is caused by fire, explosions, accidents, the elements, weather disturbances, earthquake, flood, terrorism, public enemies, war, labor trouble or shortage, strike, equipment, fuel, power or transportation, act of God or other unforeseeable event or occurrence beyond the reasonable control of Hygiena.
P1005-suretrend-global-en (2026-05-27-1450)