These Terms of Service ("Terms") are an agreement between you and BakeFlow ("BakeFlow", "we", "us", or "our") governing your access to and use of the BakeFlow website at bakeflow.us and the related recipe-costing and pricing application, including any bakery storefront hosted on the Service (together, the "Service"). By creating an account, buying from a bakery's storefront, subscribing to a bakery's list, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service. Sections 5A through 5C apply specifically to customers and subscribers of a bakery's storefront, who agree to these Terms by placing an order or subscribing even though they do not create an account.
BakeFlow is a service of DALL Hearth And Tart, LLC, a California limited liability company doing business as ("d/b/a") BakeFlow, which operates the website at bakeflow.us. References to "BakeFlow", "we", "us", or "our" mean DALL Hearth And Tart, LLC.
1. Who may use the Service
You must be at least 18 years old and able to form a binding contract to use the Service. If you use the Service on behalf of a business (for example, a bakery), you represent that you are authorized to accept these Terms on that business's behalf, and "you" includes that business.
2. Your account
You are responsible for the information you provide, for keeping your login credentials secure, and for all activity that happens under your account. Notify us promptly if you believe your account has been accessed without your permission. We are not liable for losses caused by someone else using your credentials, whether or not you authorized it.
A BakeFlow account belongs to a single bakery ("company"). The person who creates the account is its owner and may invite other members and assign their roles. Owners are responsible for the actions of the members they invite.
3. The Service, and changes to it
BakeFlow helps you turn recipes and ingredient and supply pricing into per-item, per-batch, and total cost and price estimates. These outputs are estimates and decision-support tools, not financial, tax, accounting, or professional advice. You are responsible for the prices you set and the business decisions you make. We do not guarantee that any estimate is accurate or that using the Service will be profitable.
We are continually improving the Service and may add, change, or remove features. We may also offer different plan tiers with different limits and prices. We will try to give reasonable notice of significant changes, but we may make changes without notice when we believe it is necessary (for example, for security or legal reasons).
4. Plans, billing, and payment
Some features of the Service require a paid subscription. Paid plans are billed in advance on a recurring basis — monthly or yearly, as you select — and renew automatically until cancelled. You authorize us and our payment processor to charge your selected payment method for each billing period.
Payments are processed by a third-party payment provider. We do not store your full payment-card details; the provider handles your payment information under its own terms and security standards. You agree to keep your billing details accurate and current.
Unless required by law or stated otherwise, payments are non-refundable and we do not provide refunds or credits for partial billing periods. You may cancel at any time; cancellation stops future renewals and takes effect at the end of the current billing period. If a payment fails or a subscription ends, your company may be moved to a free plan with lower limits — your data is retained but some items may become inactive until you upgrade again. Prices may change; we will give notice before a change applies to your next renewal.
5. The Storefront: sales between bakeries and their customers
If you use the Service's storefront feature, you can offer your own baked goods for sale to your own customers through a public order page, with payment collected online.
You are the seller. We are not. BakeFlow is a technology provider, not a party to the sale. The contract for each order is between you and your customer; you set your own prices, fulfill the order, and are solely responsible for its quality, safety, and any dispute, refund, or chargeback related to it.
Payment processing. Storefront payments are processed by our third-party payment processor (currently Stripe) using its Connect platform. Charges are collected directly on your own connected account, not ours — the funds are yours, and we never hold or take custody of them. We collect a platform fee from each storefront transaction, deducted automatically at the time of the charge; the current rate is shown to you in the Service. Using the storefront feature also means accepting the payment processor's own terms of service and any identity-verification requirements it imposes on you as a condition of accepting payments.
Taxes. You are responsible for determining, collecting, and remitting any sales tax or other tax owed on your storefront sales, in whatever jurisdictions require it. The Service can display and collect a tax amount you configure, but this is a convenience, not tax advice, and we do not verify that your configured rate or your storefront sales are compliant with any tax law.
Refunds and cancellations. We do not process refunds. If you need to refund a customer, you do so directly through the payment processor's own dashboard for your connected account. If you cancel a paid order, your customer is told the payment isn't automatically refunded and to expect a refund from you.
No guarantee of buyers, sales, or payouts. We do not guarantee you will receive any orders, that a customer will complete a purchase, or that funds will settle to your bank account on any particular schedule — those depend on your own connected account standing with the payment processor.
5A. If you are a storefront customer
This section applies to you when you buy from a bakery through a storefront hosted on the Service.
Your order is with the bakery, not with us. When you place an order, you are buying from that bakery. BakeFlow provides the technology and, where the bakery has enabled online payment, passes your payment to the bakery through our payment processor — we are not the seller and are not a party to your purchase. The bakery sets its prices, describes its products, and is solely responsible for preparing and fulfilling your order, for any pickup or delivery arrangements, and for the accuracy of what it lists. Questions, changes, cancellations, refunds, and any dispute about an order are between you and the bakery that took it; we do not process refunds. By placing an order you authorize the charge for it. We do not guarantee any bakery, product, or price, or that any order will be accepted or fulfilled.
5B. Text (SMS) and email messages
A bakery on the BakeFlow platform may offer a way to hear about its menus — by subscribing on its storefront, or by giving your contact details when you order. When you give a phone number or email address for that purpose, you consent to receive automated messages from BakeFlow — the platform you placed your order or signed up on — sent through BakeFlow's messaging providers. These include order and pickup updates and notices that a new menu or ordering window has opened; a message may name the bakery so you know which order it concerns.
Message frequency varies. Message and data rates may apply, and are set by your mobile carrier, not by us. Consent to marketing or menu-notification messages is not a condition of buying anything. You can stop texts at any time by replying STOP to a message (reply HELP for help), and stop emails using the unsubscribe link or by asking the bakery to stop — though we may still send messages needed to complete or update an order you have already placed. You confirm that the phone number and email address you provide are yours and that you are allowed to receive messages at them. Mobile carriers are not liable for delayed or undelivered messages.
5C. Food, allergens, and assumption of risk
Bakeries on the Service make and sell their own food. BakeFlow does not make, handle, inspect, package, or label any food, and does not verify any bakery's ingredients, allergen statements, nutritional claims, preparation, storage, or compliance with any food-safety or labeling law — those are the bakery's sole responsibility.
Baked goods are commonly made in kitchens that also handle allergens such as wheat, eggs, milk, peanuts, tree nuts, soy, and others, and cross-contact can occur even when a product is described as free of a given allergen. If you have a food allergy, intolerance, or other health condition, you are responsible for confirming directly with the bakery that a product is safe for you before ordering or consuming it. To the fullest extent permitted by law, you assume the risks associated with ordering and consuming food made by a bakery, and any claim about the food itself is between you and that bakery.
6. Acceptable use
You agree not to:
- use the Service in violation of any law or regulation;
- access or use another user's account or data without authorization;
- attempt to probe, scan, breach, disrupt, or overload the Service or its infrastructure, or circumvent its security or plan limits;
- copy, resell, or redistribute the Service, or use it to build a competing product;
- upload anything unlawful, infringing, or malicious (including malware); or
- misrepresent your identity or your authority to act for a business.
We may suspend or terminate accounts that violate these Terms.
7. Your content and data
You keep ownership of the recipes, ingredient and supply data, pricing, and other content you put into the Service ("Your Content"). You grant us a limited license to host, process, copy, and display Your Content solely to operate and improve the Service for you. We do not claim ownership of Your Content and do not sell it.
You are responsible for Your Content and for having the rights to use it. You are responsible for maintaining your own copies of anything important to you; while we take reasonable measures to protect data, you should not rely on the Service as your only record.
8. Our intellectual property
The Service itself — its software, design, branding, and content we provide — is owned by BakeFlow and protected by intellectual-property laws. These Terms do not transfer any of those rights to you. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service in accordance with these Terms.
9. Privacy
We collect and use information as needed to provide the Service, including account details, the content you enter, and basic usage data. We use a third-party payment processor for billing. We do not sell your personal information. If we publish a separate Privacy Policy, it will form part of these Terms.
10. Third-party services
The Service relies on third parties (for example, hosting, sign-in, and payment providers). We are not responsible for those services' availability or their own terms, and your use of them may be subject to their separate agreements.
11. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY 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 SECURE, OR THAT ITS COST AND PRICE ESTIMATES WILL BE ACCURATE.
This applies equally to storefront customers and subscribers: the Service, and any food or product offered by a bakery through it, is provided "as is", and we make no warranty about any bakery, its products, or its messages.
12. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, BAKEFLOW WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
These limits apply to everyone who uses the Service, including storefront customers and subscribers. Because a storefront customer or subscriber pays BakeFlow nothing, our total liability to such a person for any claim relating to the Service — including any order, any food, or any message — will not exceed one hundred U.S. dollars ($100), and does not extend to the bakery's own acts, which are the bakery's responsibility under Sections 5A–5C.
13. Indemnification
You agree to defend, indemnify, and hold harmless BakeFlow from and against any claims, damages, liabilities, and reasonable expenses (including legal fees) arising out of your use of the Service, Your Content, or your violation of these Terms or of any law or third-party right. If you use a bakery's storefront as a customer or subscriber, this includes claims arising out of the information you submit (such as a contact message or the phone number and email you provide) and your own violation of these Terms or of any law.
14. Termination
You may stop using the Service and close your account at any time. We may suspend or terminate your access if you violate these Terms, if we are required to by law, or if we discontinue the Service. On termination, your right to use the Service ends; sections that by their nature should survive (such as ownership, disclaimers, limitation of liability, and indemnification) will survive.
15. Changes to these Terms
We may update these Terms from time to time. When we make material changes, we will update the version and effective date shown with these Terms and, where appropriate, give you additional notice. Your continued use of the Service after changes take effect means you accept the updated Terms.
16. Governing law
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. You agree to the exclusive jurisdiction of the state and federal courts located in California for any dispute that is not otherwise subject to an alternative resolution process, to the extent permitted by law.
17. Contact
Questions about these Terms? Contact us at:
DALL Hearth And Tart, LLC (d/b/a BakeFlow) 17735 Holiday Dr, Morgan Hill, CA 95037 Email: [email protected] Phone: +1 (888) 638-0975