Bakewise Terms of Service

1. Who May Use the Service

You must be at least 18 years old and able to enter into a binding contract. The Service is intended for individuals who operate, or intend to operate, a home-based food business in the United States under state cottage food or home-based food operation laws. If you use the Service on behalf of a business, you represent that you have authority to bind that business to these Terms, and “you” includes that business.

2. The Service Is Not Legal, Regulatory or Tax Advice

Bakewise provides general information and software tools to help you understand cottage food and related regulations and to run the operational side of your business, including products, labels, orders, invoices, record-keeping and, on plans that include it, a public storefront where your customers can browse and place orders.

The Service does not provide legal, regulatory, tax, food-safety or other professional advice, and using it does not create an attorney-client or other professional relationship. The compliance information in the Service reflects our reading of publicly available laws, regulations and agency guidance as of the date we last reviewed them. Those rules differ by state, county and city, change frequently and may be interpreted differently by the agency that enforces them. The information in the Service may be incomplete, outdated or incorrect. Bakewise is not a government agency and is not affiliated with or endorsed by any regulator, and a status shown in the Service, such as “compliant,” is our automated reading of the rules that apply to you, not a determination by any agency.

The Service does not certify, warrant or guarantee that your business, products, labels, recipes or operations comply with any federal, state or local law. You are solely responsible for verifying your obligations with the applicable regulatory agency or a qualified professional, for obtaining any required registrations, permits and training, and for your ongoing compliance with every law that applies to your business.

3. Automated and AI-Assisted Features

Some features of the Service, including compliance checks and allergen detection, use automated processing and artificial intelligence provided by third parties. These features generate suggestions based on the information you enter. They can miss ingredients, misidentify allergens or misread a rule. You must review every result yourself before relying on it, and you remain solely responsible for the accuracy of your labels and the safety and legality of your products. Plans include a monthly limit on automated compliance checks, shown on your billing page.

4. Your Account

You are responsible for keeping your login credentials confidential and for all activity under your account, whether or not you authorized it. You agree to give us accurate information and to keep it current. Tell us promptly at support@bakewise.co if you believe your account has been accessed without authorization.

You may sign in with a Google account. Your use of Google sign-in is subject to Google’s own terms.

5. Plans, Trials and Billing

Plans and prices. The Service is offered on paid subscription plans. Current plans, features, usage limits and prices are shown on the billing page in the Service and on bakewise.co. Prices are in U.S. dollars.

Free trial. New accounts receive a one-month free trial that starts when you finish setting up your account. Each person or business is eligible for one free trial. No payment method is required to start a trial. We email you 7 days before your trial ends. If you have not added a payment method by the end of the trial, your subscription pauses and you will not be charged. Your account is then locked: you can still sign in to choose a plan or download your data. We keep your data while it is locked, subject to Section 6 of our Privacy Policy.

Billing. Subscriptions are billed in advance, either monthly or yearly depending on the plan you choose, and renew automatically at the end of each billing period until canceled. Billing is handled by our payment processor, Stripe. Your payment details are entered on pages hosted by Stripe and are subject to Stripe’s terms and privacy policy.

Changes to your plan. You can change your plan or billing interval at any time through the billing portal. Changes take effect immediately and are prorated. Changing plans during a trial does not end the trial.

Cancellation. You can cancel at any time through the billing portal. Cancellation takes effect at the end of your current billing period, and you keep access until then. Fees already paid are not refunded, except where the law requires otherwise or we state otherwise in writing. Deleting your account also cancels your subscription at the end of the current billing period, as described in Section 11.

Promotions. From time to time we may offer discounts or promotional pricing. Promotional terms are as stated in the offer, apply only for the stated period and are not transferable.

Price changes. We may change our prices. We will tell you by email or in the Service at least 30 days before a price change applies to your subscription, and the new price will take effect at your next renewal after that notice. If you do not agree to the new price, you may cancel before it takes effect.

Taxes. Prices exclude taxes. Where the law requires us to collect sales, use or similar taxes, we will add them to your invoice. You are responsible for any other taxes that apply to your subscription, other than taxes on our income.

6. Storefront, Orders and Payments Between You and Your Customers

Bakewise is a record-keeping and operations tool for your business. When you record an order, invoice or payment in the Service, you may be recording a transaction between you and your customer that takes place outside the Service, for example in cash or through a third-party payment app.

Except for online payments processed by Stripe as described below, Bakewise does not process, receive, hold or transmit payments between you and your customers. We are not a payment processor, money transmitter, escrow agent or party to any sale between you and your customer. You are solely responsible for collecting payment, issuing refunds, handling disputes and meeting your tax and record-keeping obligations for your sales.

Storefront. If your plan includes a storefront, you are the seller of everything offered and sold through it. You are solely responsible for its content, prices, ingredient and allergen information, pickup and delivery terms, and communications with your customers, and for making sure that selling online, delivering or shipping is lawful where you operate and where your customers are located. Bakewise provides the technology and is not a party to any sale between you and your customer.

Online payments. If you turn on online payments, card payments are processed by Stripe, not by Bakewise, and you must accept Stripe’s terms for connected accounts. Stripe, not Bakewise, collects your customers’ payment details and holds and pays out the funds, and Stripe may verify your identity, delay or decline payments under its own terms. Bakewise does not hold your funds. Any fees that apply to online payments are shown before you turn them on. You are solely responsible for refunds, chargebacks, disputes, sales and other taxes on your sales, and any claim your customers make about their orders.

7. Acceptable Use

You agree not to:

• use the Service to sell food or operate in a way that violates the cottage food, food-safety, labeling, licensing or tax laws that apply to you;
• misrepresent your compliance status, permits, products or ingredients to customers or regulators;
• enter information about your customers or anyone else that you do not have the right to use;
• use information you receive from your customers or storefront shoppers for any purpose other than fulfilling their orders and running your business, or send them marketing in violation of law;
• infringe or misappropriate anyone’s intellectual property or other rights;
• upload malicious code, probe or test the vulnerability of the Service, or attempt to gain unauthorized access to it or to other users’ accounts;
• scrape, copy or bulk-export the compliance content in the Service for use in a competing product;
• interfere with the operation of the Service, including by circumventing rate limits or usage controls; or
• resell, sublicense or share your account with people outside your business.

8. Your Content

You keep ownership of the information and materials you enter into the Service, including your business profile, products, recipes, ingredient lists, label designs and records about your orders and customers (“Your Content”). You grant Bakewise a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit and display Your Content, and to share it with the service providers described in our Privacy Policy, solely to provide, secure, support and maintain the Service for you. This includes displaying publicly the parts of Your Content you choose to publish, such as your storefront, product photos, business name and logo. You also authorize Bakewise personnel to access your account, including Your Content, for support and security purposes as described in our Privacy Policy. We may use de-identified, aggregated data about how the Service is used, which does not include Your Content, to operate and improve the Service. This license ends when Your Content is deleted from the Service, except for copies kept in routine backups or as required by law.

You represent that you have all rights needed to give us this license, and that Your Content and your use of it do not violate any law or anyone’s rights. This includes information you enter about your own customers: you are responsible for having a lawful basis to collect it and for honoring any privacy commitments you have made to them.

9. Bakewise’s Intellectual Property

The Service, including its software, design, text, compliance content, graphics, logos and the Bakewise name and marks, is owned by Bakewise or its licensors and is protected by copyright, trademark and other laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your own business. All rights not expressly granted are reserved. Any feedback you give us about the Service may be used by us without restriction or compensation.

10. Third-Party Services

The Service relies on third-party providers for hosting, data storage, authentication, email delivery, artificial intelligence processing, billing and payment processing. These providers are listed in our Privacy Policy. Their services are governed by their own terms, and we are not responsible for their acts or omissions. The Service may also link to third-party websites, including government agency websites; we do not control and are not responsible for their content.

11. Suspension and Termination

You may stop using the Service and request deletion of your account at any time. Our Privacy Policy describes what happens to your data after a deletion request. If you delete your account, it stays open for 14 days before it is locked, so you can download your data or change your mind. Your subscription is canceled at the end of the current billing period, so it does not renew. We do not refund the unused part of a billing period you already paid for.

We may suspend or terminate your account if you materially breach these Terms, if we reasonably believe your use creates legal or security risk for us or others, if required by law or if we discontinue the Service. Where practicable we will notify you and give you an opportunity to export your data. If we terminate your account for reasons other than your breach, we will refund any prepaid fees for the unused part of your billing period.

Sections 2, 3, 5 (for amounts you owe), 6, 8, 9 and 12 through 17 survive termination.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, BAKEWISE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, BAKEWISE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THAT ANY COMPLIANCE, LABELING OR ALLERGEN INFORMATION IS ACCURATE, COMPLETE OR CURRENT; OR THAT USING THE SERVICE WILL RESULT IN COMPLIANCE WITH ANY LAW. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BAKEWISE AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, BAKEWISE WILL NOT BE LIABLE FOR ANY REGULATORY FINE, PENALTY, ENFORCEMENT ACTION, LICENSE OR PERMIT DENIAL OR REVOCATION, PRODUCT RECALL, OR CLAIM BY A CUSTOMER OR OTHER THIRD PARTY THAT ARISES FROM YOUR PRODUCTS, YOUR LABELS, OR YOUR COMPLIANCE OR NON-COMPLIANCE WITH ANY LAW, INCLUDING WHERE YOU RELIED ON INFORMATION OR FEATURES IN THE SERVICE.

BAKEWISE’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID BAKEWISE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) FIFTY U.S. DOLLARS ($50).

These limitations apply to every theory of liability, including contract, tort, negligence and strict liability, and are a fundamental part of the bargain between you and Bakewise. Some jurisdictions do not allow certain limitations, so some may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.

14. Indemnification

You will defend, indemnify and hold harmless Bakewise and its members, managers, employees and contractors from any claim, loss, liability, damage or expense (including reasonable attorneys’ fees) arising out of or relating to Your Content, your products, your business operations, your breach of these Terms, or your violation of any law or of any third party’s rights. We may take over the defense of any matter subject to indemnification, and you agree to cooperate with us.

15. Dispute Resolution and Arbitration

Please read this section carefully. It affects your legal rights.

Informal resolution first. Before starting any formal proceeding, you agree to contact us at support@bakewise.co with a written description of the dispute, and we will do the same for any dispute we have with you. The parties will try in good faith to resolve the dispute within 60 days of that notice.

Binding arbitration. If a dispute is not resolved informally, any dispute, claim or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules or, if you are using the Service as a business, its Commercial Arbitration Rules. The Federal Arbitration Act governs this section. The arbitrator, not a court, will decide all questions of arbitrability. The arbitration will take place in Miami-Dade County, Florida, or by video conference at your request, and the arbitrator may award the same individual relief a court could. Judgment on the award may be entered in any court with jurisdiction.

Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect its intellectual property or to stop unauthorized use of the Service.

Class action waiver. You and Bakewise agree that each may bring claims only in an individual capacity and not as a plaintiff or class member in any purported class, consolidated or representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim will proceed in court rather than in arbitration, and the rest of this section still applies.

Opt-out. You may opt out of this arbitration agreement by emailing support@bakewise.co within 30 days after you first accept these Terms, stating your name, the email address on your account and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

16. Governing Law and Venue

These Terms are governed by the laws of the State of Florida and applicable federal law, without regard to conflict-of-law rules. For any claim not subject to arbitration, you and Bakewise consent to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida.

17. General Terms

Changes to these Terms. We may revise these Terms. If a change is material, we will notify you by email or in the Service at least 14 days before it takes effect, unless the change addresses a legal requirement or a new feature, in which case it may take effect immediately. Using the Service after a change takes effect means you accept the revised Terms. If you do not agree, cancel your subscription before the change takes effect.

Changes to the Service. We may add, change or remove features. Features labeled beta, early access or in development are provided as is, may change or end, and are not covered by any commitment about availability.

Electronic communications. You agree to receive notices and other communications from us electronically, including by email and through the Service, and that electronic communications satisfy any legal requirement that they be in writing.

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Bakewise about the Service and replace any prior agreements.

Severability. If any provision is found unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions remain in effect.

No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.

Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization or sale of assets.

Notices. We may send notices to the email address on your account or through the Service. You may send notices to us at support@bakewise.co.

Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control.

No third-party beneficiaries. These Terms do not create rights for anyone other than you and Bakewise.

18. Contact