Terms of Service

By accessing or using Whiskly ("the Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Platform. These Terms apply to all users of the Platform, including customers and bakers. Whiskly is operated by Whiskly LLC, a Delaware limited liability company. We reserve the right to update these Terms at any time. Continued use of the Platform after changes constitutes acceptance of the updated Terms.

Whiskly is a two-sided marketplace that connects customers seeking custom baked goods with independent bakers. Whiskly facilitates introductions and order management but is not a party to any transaction between customers and bakers. Whiskly does not employ bakers, guarantee the quality of any baked goods, or take responsibility for any transaction that occurs between users.

You must create an account to use certain features of the Platform. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate and complete information when creating your account. You must be at least 18 years old to create an account. By creating an account, you represent that you meet this requirement. Whiskly reserves the right to suspend or terminate any account at its discretion, including for violation of these Terms.

Bakers who list their services on Whiskly agree to the following: - You are solely responsible for complying with all applicable laws, including local cottage food laws, health regulations, food handling permits, and business licensing requirements. - You are an independent contractor, not an employee of Whiskly. Whiskly has no control over how you operate your baking business. - You agree to accurately represent your skills, specialties, and pricing on your profile. - You agree to fulfill orders you accept in a professional and timely manner. - You agree to communicate promptly with customers through the Platform. - You are responsible for the quality, safety, and accuracy of all baked goods you produce. - You agree to disclose any known allergens in your products.

Customers who use Whiskly to place orders agree to the following: - You agree to provide accurate information when submitting order requests, including event dates, budget, and any relevant dietary restrictions or allergies. - You understand that submitting a request does not guarantee fulfillment. A baker must accept your request before an order is confirmed. - You agree to pay any deposit or balance due in accordance with the payment terms established at the time of order confirmation. - You agree to communicate respectfully with bakers through the Platform.

Payments on Whiskly are processed through Stripe, a third-party payment processor. By making a payment, you agree to Stripe's terms of service. Whiskly does not store your payment card information. Whiskly charges a commission on transactions between customers and bakers. The commission rate is disclosed at the time of account creation and may be updated with notice. All prices on the Platform are set by bakers. Whiskly does not control baker pricing.

The following cancellation and refund policy applies to all orders placed through the Platform: Baker Cancellations: - If a baker cancels a confirmed order, the customer will receive a full refund of any amounts paid, including the deposit. Processing fees may apply. - A baker who cancels a confirmed order within 48 hours of the event date will receive a cancellation strike on their account. - Repeated cancellations may result in account suspension or removal from the Platform. Customer Cancellations: - If a customer cancels more than 7 days before the event date, the deposit is non-refundable but the remaining balance will not be charged. - If a customer cancels within 7 days of the event date, the full order amount may be charged at the baker's discretion, depending on materials already purchased. - Cancellation requests must be submitted through the Platform. Quality Disputes: - If a customer believes the delivered product materially differs from what was agreed upon, they must contact Whiskly support within 24 hours of delivery or pickup. - Whiskly will mediate disputes between customers and bakers. Whiskly's decision in any dispute is final. - Whiskly may issue partial or full refunds at its discretion in cases of verified quality disputes. No-Show Baker: - If a baker fails to deliver or make an order available for pickup on the agreed date without prior notice, the customer is entitled to a full refund. The baker's account will be reviewed for suspension. Whiskly is not responsible for any damages, losses, or expenses beyond the amount paid for the order.

You agree not to: - Use the Platform for any unlawful purpose - Attempt to circumvent the Platform by conducting transactions off-platform after making initial contact through Whiskly - Post false, misleading, or fraudulent information on your profile or in any communications - Harass, threaten, or abuse other users - Interfere with the operation of the Platform - Attempt to access another user's account without authorization - Use the Platform to distribute spam or unsolicited communications Violation of these prohibitions may result in immediate account termination.

Users may submit reviews and other content through the Platform. By submitting content, you grant Whiskly a non-exclusive, royalty-free license to use, display, and distribute that content in connection with the Platform. You agree that all content you submit is accurate and not defamatory. Whiskly reserves the right to remove any content that violates these Terms or that Whiskly determines is harmful to the Platform or its users.

All content on the Platform, including the Whiskly name, logo, design, and software, is owned by Whiskly LLC and protected by applicable intellectual property laws. You may not use, reproduce, or distribute any Whiskly intellectual property without prior written permission. Baker profile photos and content remain the property of the respective bakers. By uploading content to the Platform, you grant Whiskly a license to use such content for Platform purposes, including marketing.

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WHISKLY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. WHISKLY IS NOT RESPONSIBLE FOR THE QUALITY, SAFETY, OR LEGALITY OF ANY BAKED GOODS SOLD THROUGH THE PLATFORM, OR FOR THE ABILITY OF BAKERS TO FULFILL ORDERS. YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHISKLY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY TRANSACTION CONDUCTED THROUGH THE PLATFORM. IN NO EVENT SHALL WHISKLY'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO WHISKLY IN THE THREE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any dispute arising from these Terms or your use of the Platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Whiskly is currently in beta. During the beta period, features may change, be added, or be removed without notice. Transaction fees for bakers are waived during the beta period. Whiskly will provide reasonable notice before introducing any fees.

For questions about these Terms, please contact us at legal@whiskly.com.