Terms of Service

These Terms of Service ("Terms") govern your access to and use of the CakeMyDay platform ("Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Who we are

CakeMyDay ("we", "us", "our") operates the platform at cakemyday.ai from Barcelona, Spain. For any questions about these Terms, contact us at info@cakemyday.ai.

2. The Service

CakeMyDay is a B2B SaaS platform that automates corporate birthday cake ordering. It connects companies ("Company accounts") with local artisan bakers ("Baker accounts") to schedule, manage, and deliver cakes for employee birthdays and celebrations.

CakeMyDay acts as a platform intermediary. The contract for the supply of cakes is between the Company and the Baker. CakeMyDay is not a party to those individual orders.

3. Accounts

To use the Service you must create an account. You agree to:

• ✓Provide accurate and complete registration information
• ✓Keep your password confidential and not share it with others
• ✓Notify us immediately at info@cakemyday.ai if you suspect unauthorised access to your account
• ✓Be responsible for all activity that occurs under your account

Accounts are for business use only. You must be at least 18 years old and have authority to bind your organisation to these Terms.

4. Subscriptions and payment

The Service is available on a Free plan and a paid Pro plan. Paid plan pricing is displayed on our Pricing page and agreed at checkout.

• ✓Payments are processed by Stripe. By subscribing, you also agree to Stripe's terms.
• ✓Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date.
• ✓You can cancel your subscription at any time from your account settings. Access continues until the end of the paid period; no partial refunds are issued.
• ✓We reserve the right to change pricing with at least 30 days' notice. Continued use after a price change constitutes acceptance.
• ✓All prices are exclusive of VAT. Applicable Spanish or EU VAT will be added at checkout where required.

5. Acceptable use

You agree not to:

• ✓Use the Service for any unlawful purpose or in violation of any applicable law
• ✓Upload false, misleading, or fraudulent information (including fake orders or employee records)
• ✓Attempt to gain unauthorised access to any part of the Service or another user's account
• ✓Reverse engineer, decompile, or otherwise attempt to extract the source code of the platform
• ✓Use automated tools (scrapers, bots) to access the Service without our prior written consent
• ✓Resell or sublicence access to the Service to third parties

We reserve the right to suspend or terminate accounts that violate these rules without notice or refund.

6. Orders and fulfilment

When CakeMyDay places an order with a Baker on your behalf, you authorise CakeMyDay to act as your agent for that transaction. You are responsible for ensuring your account's delivery addresses, dietary requirements, and employee records are accurate and up to date.

CakeMyDay will attempt to notify you of order issues (e.g. a Baker being unavailable) as early as possible, but we cannot guarantee fulfilment in all circumstances. Our liability in the event of a failed order is limited as described in Section 9.

7. Intellectual property

The CakeMyDay platform, including its code, design, branding, and content, is owned by us or our licensors. These Terms do not grant you any rights in our intellectual property beyond the limited right to use the Service.

You retain ownership of all data you upload to the Service (company information, employee records, etc.). By uploading data you grant us a limited licence to process it solely to provide the Service.

8. Privacy and data protection

Our Privacy Policy explains how we collect and process personal data. By using the Service you acknowledge that you have read and understood it.

Where you upload personal data about your employees (names, birthdays, dietary preferences), you confirm that you have a lawful basis to share this data with us and that your employees have been appropriately informed.

9. Limitation of liability

To the maximum extent permitted by applicable law:

• ✓The Service is provided "as is" without warranty of any kind, express or implied.
• ✓We are not liable for any indirect, incidental, or consequential loss arising from your use of the Service.
• ✓Our total aggregate liability to you for any claim arising out of or related to these Terms shall not exceed the amount you paid us in the 12 months preceding the claim.
• ✓We are not liable for the acts or omissions of Bakers, including failed or late deliveries.

Nothing in these Terms limits or excludes liability that cannot be excluded under applicable Spanish or EU consumer protection law.

10. Service availability

We aim to keep the Service available at all times but do not guarantee uninterrupted access. We may carry out maintenance that temporarily affects availability and will endeavour to do so outside peak hours. We are not liable for losses caused by downtime or service interruptions.

11. Termination

Either party may terminate the agreement at any time. You may close your account from the account settings. We may suspend or terminate your account immediately if you breach these Terms or if required to do so by law.

On termination, your right to use the Service ceases immediately. We will retain your data as described in our Privacy Policy.

12. Changes to these Terms

We may update these Terms from time to time. We will notify you of material changes by email or via an in-platform notice at least 14 days before they take effect. Continued use of the Service after that date constitutes acceptance of the new Terms.

13. Governing law and disputes

These Terms are governed by the laws of Spain. Any disputes shall be subject to the exclusive jurisdiction of the courts of Barcelona, except where mandatory EU consumer protection law provides otherwise.

14. Contact

CakeMyDay · Barcelona, Spain · info@cakemyday.ai