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Terms of Service

Effective date: January 1, 2025  •  Last updated: January 1, 2025
Contents
1. Acceptance 2. Description of Service 3. Accounts & Registration 4. Free Trial 5. Billing & Payments 6. Stripe & Payment Processing 7. Acceptable Use 8. Your Data 9. Intellectual Property 10. Confidentiality 11. Disclaimers 12. Limitation of Liability 13. Indemnification 14. Term & Termination 15. Modifications 16. Governing Law 17. Contact Us
Plain-English Summary: These Terms govern your use of BakeryOS. You get a 14-day free trial. After that, you pay a flat monthly or annual subscription fee. We never take a cut of your sales -- your Stripe revenue is yours. You own your data. You can cancel any time.

1. Acceptance of Terms

By creating an account, accessing, or using BakeryOS (the "Service"), you ("Customer," "you," or "your") agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional guidelines or policies we may post from time to time. If you do not agree to these Terms, do not use the Service.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Service

BakeryOS is a software-as-a-service (SaaS) platform that provides bakery owners ("Tenants") with tools to create a white-label online storefront, accept customer orders, manage products, process payments via Stripe, communicate with customers, and run bakery operations.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable advance notice where practicable.

3. Accounts and Registration

To use the Service, you must register for an account by providing accurate and complete information. You are responsible for:

  • Maintaining the confidentiality of your login credentials.
  • All activity that occurs under your account.
  • Notifying us immediately of any unauthorized use of your account.
  • Ensuring all information you provide remains accurate and current.

You may not share your account credentials with third parties or create accounts on behalf of others without their consent. Accounts are non-transferable.

4. Free Trial

We offer a 14-day free trial for new accounts. No credit card is required during the trial period. At the end of your trial, you must provide valid payment information to continue using the Service.

If you do not provide payment information before your trial expires, your account will be suspended. Your data will be retained for a grace period after which it may be permanently deleted. We will send reminder emails prior to trial expiration.

We reserve the right to modify or discontinue the free trial offer at any time for new signups. Existing trials in progress will not be affected.

5. Billing and Payments

Subscription fees are charged in advance on a monthly or annual basis depending on your selected billing cycle. All fees are stated in US dollars (USD) and are non-refundable except as expressly set forth in these Terms.

Plan Changes:

  • Upgrades take effect immediately. You will be charged a prorated amount for the remainder of your current billing period.
  • Downgrades take effect at the end of your current billing period.

Add-On Modules: Add-on modules are billed monthly at the rates listed on our pricing page, regardless of your base plan billing cycle.

Failed Payments: If a payment fails, we will attempt to retry the charge. If payment remains unsuccessful after our retry period, your account may be suspended. You remain responsible for all outstanding fees.

Refunds: We do not issue refunds for partial months of service. If you cancel, you will retain access to the Service through the end of your current paid billing period.

Taxes: You are responsible for any applicable taxes on your subscription fees. We may add applicable taxes to your invoice as required by law.

6. Stripe and Payment Processing for Your Customers

BakeryOS integrates with Stripe to allow you to accept payments from your customers. You must create and maintain your own Stripe account and connect it to the Service by providing your Stripe API keys in your account settings.

Revenue Ownership: All payments collected from your customers flow directly through your Stripe account. BakeryOS does not collect, hold, or take a percentage of your customer revenue. Your Stripe account agreement is solely between you and Stripe, Inc.

You are solely responsible for:

  • Complying with Stripe's Terms of Service and Acceptable Use Policy.
  • Managing refunds and chargebacks with your customers.
  • Ensuring your use of Stripe complies with applicable laws (including PCI-DSS requirements).
  • The accuracy of prices, descriptions, and tax charges presented to your customers.

We are not liable for any disputes between you and your customers, or between you and Stripe.

7. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable law or regulation.
  • Transmit spam, unsolicited messages, or deceptive communications.
  • Infringe the intellectual property rights of any third party.
  • Upload or distribute malicious code, viruses, or harmful software.
  • Attempt to gain unauthorized access to our systems or other accounts.
  • Misrepresent your identity or the nature of your business.
  • Use the Service for any purpose other than operating a legitimate bakery business.
  • Resell or sublicense access to the Service without our prior written consent.

We reserve the right to suspend or terminate accounts that violate these policies without prior notice.

8. Your Data

Ownership: You retain all ownership rights to the data you upload or generate through the Service, including customer data, order data, product information, and images ("Customer Data").

License to Us: You grant us a limited, non-exclusive license to store, process, and display your Customer Data solely as necessary to provide the Service to you.

Data Isolation: Your data is logically isolated from other tenants in our shared database through strict tenant-scoped access controls. We do not share your Customer Data with other tenants.

Backups: We perform nightly backups of all tenant data. However, you are encouraged to export your data periodically. We are not liable for data loss beyond our reasonable backup retention policies.

Data Export: You may request an export of your Customer Data at any time by contacting support. Upon account termination, we will retain your data for 30 days during which you may request an export, after which it will be permanently deleted.

GDPR / Privacy: Please review our Privacy Policy for information on how we collect, use, and protect personal data.

9. Intellectual Property

The Service, including all software, design, text, graphics, and other content created by BakeryOS (excluding your Customer Data), is owned by us and protected by applicable intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your active subscription solely for your bakery business operations.

You may not copy, modify, reverse engineer, decompile, or create derivative works of any part of the Service.

10. Confidentiality

Each party agrees to keep the other party's confidential information (including pricing, technical details, and business information) strictly confidential and not to disclose it to any third party without prior written consent, except as required by law.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or free from viruses or other harmful components. We do not warrant that the results of using the Service will meet your requirements.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BAKERYOS, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO US IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

13. Indemnification

You agree to indemnify, defend, and hold harmless BakeryOS and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use of the Service, your Customer Data, or your relationship with your customers.

14. Term and Termination

These Terms remain in effect while you have an active account with the Service.

Termination by You: You may cancel your subscription at any time from your billing settings. Cancellation takes effect at the end of your current billing period. No refunds are issued for the unused portion of your billing period.

Termination by Us: We reserve the right to suspend or terminate your account immediately if you violate these Terms, fail to pay applicable fees after notice, or if we determine (in our sole discretion) that your use poses a risk to our platform or other users.

Upon termination, your right to access the Service ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive, including Sections 8, 9, 11, 12, 13, and 16.

15. Modifications to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by sending an email to the address on file and/or by posting a notice in your admin dashboard at least 14 days before the changes take effect.

Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of those Terms. If you do not agree to the revised Terms, you must cancel your subscription before the effective date.

16. Governing Law and Dispute Resolution

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

Any dispute arising out of or relating to these Terms or the Service shall first be addressed through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall be conducted in English in the county of Los Angeles, California.

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief from any court of competent jurisdiction to prevent irreparable harm pending arbitration.

17. Contact Us

If you have any questions about these Terms of Service, please contact us at:

  • Email: support@bakeryos.net
  • Website: https://bakeryos.net

We will make every effort to respond within 3-5 business days.


These Terms of Service were last updated on January 1, 2025. See also: Privacy Policy.

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