Terms of Service

1About these terms

These terms are an agreement between you and Skibble, of Charlottetown, Prince Edward Island, Canada. They cover two different things, and which parts apply to you depends on what you are doing.

If you are reading our website, sections 1 to 3 and sections 23 to 31 apply to you. You do not need an account and you are not agreeing to anything else.

If you have a Skibble account and sell through Skibble, all of these terms apply to you. You accepted them when you created your account, and you accept any updated version by continuing to use Skibble after it takes effect.

If you bought food, a ticket or a catering order from a business that uses Skibble, your contract is with that business and not with us. These terms do not govern your purchase. Section 7 explains the relationship, and section 31 tells you how to reach us if something has gone wrong.

Our Privacy Policy forms part of this agreement. Where these terms conflict with a written agreement signed by both of us, that agreement wins.

2What these words mean

Skibble, we, us, our

Skibble, of Charlottetown, Prince Edward Island, Canada.

You, your

The person or business using Skibble. Where you accept these terms for a business, you confirm you are authorised to bind it, and you and that business are both bound.

The Service

The Skibble dashboard, the storefront we host for you, our applications, our programming interfaces and everything described in section 5.

Your customer

A person who buys from you through the Service, books a ticket, or requests a quote from you.

Your content

Everything you put into the Service or publish through it: your menu, prices, photographs, descriptions, your business name and marks, your messages and your customer records.

An adverse event

Any harm to a person associated with the handling, preparation, labelling, storage, transport or consumption of anything you sell, including an allergic reaction, a food-borne illness, an infection, an injury or a death.

Our payment provider

The payment facilitator and the sponsoring financial institutions that process card payments and move money to you. We tell you who they are during sign-up, and card acceptance is subject to their agreement as well as this one.

3Using our website

You may read, print and share our website for your own use. We keep every right we do not expressly give you here.

You must not:

• copy, republish, sell, rent or sub-license our content;
• scrape, harvest or bulk-download the site, or use it to train a machine learning model without our written permission;
• put our pages inside a frame, or present them in a way that changes how they look or implies we endorse you;
• probe, scan or test the security of the site, or try to get into any part of it that is not open to the public;
• use our name, logo or artwork without a written licence from us.

Our website links to other people's websites. We do not control them, we are not responsible for what is on them, and a link is not an endorsement. Read their terms before you rely on them.

Prices, screenshots, demonstrations and descriptions on our website are there to explain the product. They are not an offer, and they do not form part of any contract between us unless they are repeated in these terms or in your account.

4Your account

To sell through Skibble you need an account. When you create one, you confirm that you are at least eighteen years old, that you are running a real business, and that everything you tell us is true and kept up to date.

Verification

Before you can take card payments we, our payment provider, or both of us, must verify your identity and your business. That normally means collecting identification, business details and information about the people who own or control the business. This is required by law and by the card networks, not by us, and we cannot waive it. You agree to give us what is asked for, and you agree that we may pass it to our payment provider and to the financial institutions behind it. If verification does not complete, you cannot take card payments through Skibble.

Keeping it secure

You are responsible for everything that happens under your account, including anything done by your staff. Keep your credentials private, give each person who works for you their own login, and tell us straight away at hello@skibble.app if you think someone has got in who should not have.

5What Skibble provides

Skibble is software for independent food businesses. Depending on the country you operate in and what you switch on, it can give you:

• a hosted storefront at your own Skibble address, with your menu, hours and story;
• online ordering, pre-orders, scheduled pickup and delivery windows and order limits;
• catering and custom order requests, quotes, deposits and payment schedules;
• ticketed dinners and experiences;
• delivery booked through third-party couriers where they are available, or recorded against your own drivers;
• a record of your sales, costs, payouts and margins, and the reports built from them;
• customer records, audiences, email and messaging campaigns;
• Instagram message handling through Meta's interfaces;
• Pepper, our assistant, as described in section 16.

Not everything is available everywhere. Recording cash, Interac e-Transfer and bank transfer orders, and booking third-party couriers, are available in Canada and not yet in the United States. What you can use is shown in your dashboard.

We are still building Skibble. We may add, change or withdraw features. If we withdraw something you rely on, or change it in a way that materially reduces what you get, we will tell you in advance where we reasonably can.

6What Skibble is not

This matters, so we will be plain about it. Skibble is software. Skibble is not:

• the seller. You sell your food, your tickets and your services. We never do.
• a food business. We do not make, handle, store, label or inspect anything you sell, and we do not check your ingredients, your allergen information or your preparation.
• a bank or a money transmitter. Card payments are processed by our payment provider and settled by regulated financial institutions. We are not one of them.
• a courier. Where you book a third-party courier through Skibble, the delivery is theirs, not ours.
• your accountant or your lawyer. The finance tools report what happened in your account. They are not tax, accounting or legal advice, and you should not file anything on their strength alone without checking it.

7You are the seller

When someone buys from you through Skibble, the contract of sale is between you and that person. We are not a party to it. You set your prices, your menu, your fulfilment terms, your cancellation and refund policy, and you are the one who has to honour them.

You are responsible for:

• holding every licence, permit, registration and inspection your business needs where you operate, and keeping them current;
• food safety, and for accurate ingredient, allergen and nutrition information on everything you list;
• the accuracy of your menu, your prices, your availability and your delivery areas;
• fulfilling the orders you accept, and telling your customer promptly if you cannot;
• publishing a clear cancellation and refund policy before your customer pays, and honouring it;
• collecting and remitting every tax that applies to your sales;
• complying with consumer protection law where your customers are, which may require disclosures at checkout beyond what our software provides by default.

We may ask you to show us evidence of a licence, permit or insurance, and you agree to provide it within a reasonable time.

8What you may not sell or do

Some of these rules are ours. Others are imposed on us by the card networks, our payment provider and the couriers, and we cannot permit what they prohibit.

You may not use Skibble to sell

• anything illegal where you operate or where your customer is;
• anything you are not licensed or permitted to sell;
• tobacco, nicotine and vaping products;
• cannabis and controlled substances;
• firearms, weapons, counterfeit goods, or products that make medical or health claims we consider unsupported;
• alcohol, unless we have approved it in writing in advance, you hold the licence required where you sell, you have tagged the items correctly, and you comply with the courier's own alcohol terms where a courier is involved. Where alcohol is delivered, checking identification on delivery is your responsibility.

You may not

• break the law, or help anyone else to;
• take payments for anything other than your own sales, or process a payment for another business through your account;
• put through a transaction on your own card, or a card belonging to your staff, owners or family, to generate a payment or avoid a fee;
• upload someone else's content, marks or photographs as your own;
• send messages to people who have not agreed to hear from you, or upload a contact list you do not have permission to use;
• interfere with the Service, try to get around its limits, or use it to store or send malware;
• resell, rent or sublicense the Service, or use it to build a competing product;
• aim your storefront or your marketing at children, or knowingly collect information from a child. Children's privacy law can treat us as responsible alongside you for a storefront directed at children, so if any part of what you sell is aimed at them, tell us before you publish it and we will work out what is needed.

How we enforce this

If we think you have broken this section, we will normally tell you what the problem is and give you a chance to put it right, and we will act at the smallest level that solves it, for example removing one item rather than closing a storefront. We may act immediately and without notice where we reasonably believe there is a risk of harm to someone, fraud, a breach of law, or a demand from the card networks, our payment provider or a regulator.

9Taking payments

Card payments made through Skibble are processed by our payment provider and settled by the financial institutions behind it. To accept cards you must also accept their agreement. That agreement is between you, them and their sponsoring bank. We are not a party to it, and we are not liable for what they do or fail to do, including a failure to remit money to you. Your recourse for that is against them.

By taking payments through Skibble you agree that:

• you authorise us to instruct payments, refunds and adjustments on your behalf, to add our fees to a transaction, and to net our fees before your money reaches you;
• you will comply with the rules of the card networks, which can change without us being able to give you notice;
• you will not store card numbers, security codes or magnetic stripe data anywhere, and you will meet the payment card industry standards that apply to you;
• the bank account you give us is yours and is held at a financial institution in the country you sell in.

Where you record a sale that was paid in cash, by Interac e-Transfer, by bank transfer or by cheque, you are recording something that happened outside Skibble. We do not receive or hold that money, and we do not verify it.

10Our fees

Our fees are set out on our pricing page, which forms part of this agreement. As they stand today:

Who pays the service fee

By default our service fee is added to your customer's total at checkout, so the whole of your menu price reaches you. You can change that in your dashboard and absorb any share of it yourself. Whichever way you set it, the fee is ours and you authorise us to collect it. Where the fee is added to your customer's total, it is shown to them before they pay.

Tax on our fees

Our fees are exclusive of sales taxes. Where we are required to charge tax on them, we will, and it will be shown on your statement.

If we change our fees

We will give you at least ninety days' written notice before we increase a fee that applies to accepting card payments, or introduce a new one, and you may close your account without penalty within seventy days of that notice. For other fees, including Pepper plans, we will give you at least thirty days' written notice. Notice by email to your account address, or a notice in your dashboard, counts as written notice.

11Payouts, holds and reserves

We instruct a payout to your bank account on a daily schedule by default, and you can change the schedule in your dashboard. A payout is initiated on that schedule. When the money arrives depends on our payment provider, on the banks involved and on cut-off times, and we do not control any of those. We do not promise same-day arrival.

Your first payout may be held longer than later ones while verification completes.

When we may hold funds

We, or our payment provider, may delay a payout, hold an amount back, or require a reserve where there is a reasonable basis to do so. Reasonable bases include a suspected fraud or a breach of these terms, an unusually high rate of disputes or refunds, a large order for an event far in the future, verification that is incomplete, a request from a regulator or card network, or your account carrying a negative balance.

If we do that, we will tell you the amount and why, unless the law stops us. We will hold no more than we reasonably need, we will release it as soon as the reason has gone, and we will not hold it indefinitely. Money held is still yours, and we do not pay interest on it.

12Refunds, cancellations, deposits and disputes

Refunds and cancellations

Refunds are yours to give. You set the policy, you publish it before your customer pays, and you honour it. You can issue a refund through your dashboard. Our service fee on a refunded order is returned in the same proportion as the refund, so a full refund returns the whole fee.

If you refund more than your available balance, you owe us the difference and section 12 applies.

Deposits on catering and custom orders

A deposit is money your customer pays you, and it settles to you, less our fee, in the normal way. Whether it is refundable is your policy, and you must state it clearly before the deposit is taken. Bear in mind that an order paid for long before it is delivered carries a higher risk of dispute, and that we may hold back funds against that risk under section 11.

Disputes and chargebacks

A dispute, also called a chargeback, is when a cardholder asks their bank to reverse a payment. The card networks decide the outcome, not us and not you.

You carry the loss on a disputed payment, whatever the reason for it. When one is raised, the payment is reversed and our dispute fee is charged (CA$40 in Canada and US$40 in the United States). We will show you the dispute in your dashboard with its deadline and pass on whatever evidence you give us, but we cannot promise an outcome. If the dispute is decided in your favour, the payment is returned to you and we return the dispute fee.

Money you owe us

If you owe us money, whether for fees, a reversed payment, a refund beyond your balance or anything else under this agreement, you authorise us to take it from your balance, to deduct it from future payouts, and, if that does not cover it, to charge the payment method or debit the bank account you have given us. If we still cannot recover it, the amount is payable on demand and we may recover it as a debt.

13Taxes on your sales

Working out, collecting and remitting every tax on what you sell is your responsibility. That includes sales taxes and any tax on tips or service charges you set.

Skibble can calculate and record tax, and the rates it uses may come from a third-party service. We do not guarantee that any rate or calculation is correct for your business, and we do not file returns for you. Check it with your own accountant.

14Your content and your customers' information

You own your content

Your menu, your photographs, your words, your marks and your records stay yours. We do not claim them.

You give us a non-exclusive, worldwide, royalty-free licence to host, store, copy, adapt and display your content, only so far as we need to in order to run the Service for you, to keep backups, and to support you. That licence ends when your content is deleted, except for copies in routine backups and anything we have to keep by law.

Separately, we would like to show your business in our own marketing. We will only do that with your permission, and you can withdraw it at any time by telling us.

Your customers' information

The personal information of your customers that passes through Skibble is yours in your dealings with them, and you decide what happens to it. We handle it on your behalf and on your instructions in order to run the Service, and we do not sell it. Our Privacy Policy explains this in full.

You are responsible for having the right to hold that information and to contact those people, for answering their requests about their own data, and for telling them what you do with it. If you need a written data processing agreement to satisfy your own obligations, ask us at hello@skibble.app and we will provide one.

If you become aware of a security incident affecting information held in or taken from Skibble, tell us within seventy-two hours.

15Email, messages and marketing

When you send a campaign, a broadcast or an automated message through Skibble, you are the sender. We provide the tooling. That distinction has legal consequences and you should read this section carefully.

You confirm that:

• you have the consent you need from every person you message, of the kind the law where they live requires, and that you can prove it;
• every contact you upload was collected lawfully and may be contacted by you for the purpose you are contacting them for;
• your messages identify you accurately, including your business name and a way to reach you;
• you will honour an unsubscribe promptly, and you will not message anyone who has unsubscribed.
• where you send a promotional message on a channel like Instagram, the person must be able to stop it on that same channel, not only through a link to a web page.

Because we send on your behalf, the law requires each message to name both you and us and to say which of us is which. We add that automatically, and you must not remove or obscure it. You need to give us the business name, mailing address and contact details it uses, and keep them current.

Canada's anti-spam law and its equivalents elsewhere put the burden of proving consent on the sender, and the penalties are significant. We keep the unsubscribe mechanism under our control so that it always works. If we receive complaints about your messages, or we have reason to believe you are sending without consent, we may pause your sending while we look into it, and we may stop it altogether.

16Pepper and our AI features

Pepper drafts things for you: social posts, captions, replies to messages, catering quotes, menu items read from a photograph, and summaries of your own numbers. It works from the information in your account and it uses AI models, some of which are run by other companies on our behalf.

What you get, and what you owe

• As between you and us, what Pepper drafts for you is yours, and you may use it as you wish.
• Output is not unique. Pepper may produce the same or similar text or images for someone else, and we cannot promise otherwise.
• Output can be wrong. It may be inaccurate, out of date, or misleading. You must review anything Pepper produces before you rely on it or send it, and you are responsible for what goes out under your name.
• Do not treat Pepper's output as legal, tax, accounting, medical or employment advice. In particular, do not rely on it for allergen or ingredient information.
• You must not use Pepper to train another AI model, or to build a competing service.

Messages Pepper sends

You choose what Pepper may do on its own and what needs your approval first. Where you allow Pepper to send a message on your behalf, you authorise us to transmit it under your business name and handle, and you are bound by what is sent as though you had written it. You can change those limits at any time and take over any conversation yourself.

Quotes

A quote Pepper drafts is a draft. It is not an offer to your customer, and it does not bind you, until you approve and send it. Check the numbers before you do.

Your data and model training

We do not sell your data, and we do not permit our model providers to use your content to train their general models. Our Privacy Policy sets out who processes what.

Instagram

Where you connect Instagram, you must follow Meta's own platform rules, including its rules on automated messaging and on telling people when they are talking to an automated system. Meta can change those rules or withdraw access at any time, and we cannot control that.

17Couriers and other third-party services

Skibble connects to services other people run: couriers, payment providers, point of sale hardware, messaging platforms, mapping and tax services. We do not control them, we do not warrant them, and using them is at your risk.

Couriers

Where you book a third-party courier through Skibble, we facilitate the booking, but the delivery is arranged directly between you and that courier. We are not a party to it.

• Their terms apply to you as well as ours. We will tell you who they are and where to find their terms, and it is your job to check them for changes.
• The courier's price for the job is passed through to the order. Your customer pays it by default, and you can cover part of it.
• We are not liable for a late delivery, a lost or damaged order, a driver's conduct, or anything else the courier does or fails to do. Your recourse is against them.
• Where alcohol is involved, the courier's alcohol terms apply, the items must be tagged correctly, and identification must be checked on delivery.

We have obligations to these companies about how the businesses using Skibble behave. If something you do causes a claim against us by one of them, section 25 applies.

18Confidentiality

Each of us may learn things about the other that are not public. Neither of us will use that information for anything other than this agreement, or disclose it, except to people who need it and are under a similar duty, or where the law requires it. This does not apply to information that is already public, that you or we already knew, or that is worked out independently.

19Availability and support

We work to keep Skibble running, but we do not promise it will be uninterrupted or error-free, and we do not offer a service level guarantee at this stage. The Service may be unavailable for maintenance, for a problem at one of the services we depend on, or for reasons outside our control.

Support is by email at hello@skibble.app. We answer as quickly as we reasonably can. We will tell you about planned maintenance that we expect to interrupt your service where we reasonably can.

Some features are marked as early access, preview or beta. Those are provided as they are, may change or disappear, and should not be relied on for anything important.

20Suspension

We may suspend your account, or part of it, where we reasonably believe it is necessary because of fraud or a risk of it, a breach of section 8, non-payment, a risk to the security of the Service or to other people, a requirement of our payment provider, the card networks or a regulator, or a legal obligation.

We will tell you when we do it and why, and what you need to do to put it right, unless the law stops us. We will limit it to what is necessary and lift it as soon as the reason has gone. A suspension does not by itself end this agreement, and it does not relieve you of orders you have already accepted.

21Ending this agreement

You can close your account at any time, from your dashboard or by emailing us. There is no contract period, no notice period and no cancellation fee. Fees already charged are not refunded, and a paid Pepper plan runs to the end of the period you have paid for.

We can end this agreement by giving you thirty days' written notice. We can end it immediately where you are in material breach and have not put it right within ten days of us asking, or immediately and without notice where the grounds for suspension in section 19 are serious enough to warrant it.

22What happens when it ends

• Your storefront goes offline and stops taking orders.
• You should stop taking new orders through Skibble, and you must still fulfil the ones you have accepted.
• You can export your data for thirty days after the end date. Ask us at hello@skibble.app if you need help getting it out. After that we may delete it, subject to what we have to keep by law and what our Privacy Policy says about retention.
• Money owed to you is paid out on the normal schedule, less anything you owe us. Because a dispute can be raised months after a payment, we may hold back a reasonable amount against that risk and release it when the risk has passed.
• Anything you owe us becomes payable immediately.

Sections 2, 7, 12, 13, 14, 18, 22 to 26 and 28 to 31 carry on after this agreement ends, along with anything else that by its nature should.

23What we do not promise

Except where this agreement says otherwise, the Service is provided as it is and as it is available. To the extent the law allows, we exclude all other terms, conditions and warranties, whether express or implied, including any implied term about quality or fitness for a purpose.

In particular, we do not promise:

• that you will make any particular amount of money, or any money at all;
• that the Service will be uninterrupted, timely, secure or error-free;
• that any figure, report, tax calculation or AI output is accurate or complete;
• that any third party we connect to will perform.

Where the law does not allow us to exclude a term, that term applies for the shortest period and to the smallest extent the law permits. Nothing here limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot lawfully be limited.

24Limits on liability

Neither of us is liable to the other for lost profits, lost revenue, lost data, lost goodwill, or for any indirect or consequential loss, even if we were told it was possible.

Our total liability to you for everything arising out of this agreement in any twelve month period is limited to the greater of the fees you paid us in the twelve months before the event, and CA$500.

Where a claim relates to a delivery booked through a third-party courier, our total liability for that delivery is limited to CA$250.

These limits do not apply to your obligation to pay us, to your indemnity under section 25, or to anything that cannot lawfully be limited.

25When you cover us

You will defend us and cover our losses, including reasonable legal costs, for any claim brought against us that arises out of:

• an adverse event, as defined in section 2, connected with anything you sold, prepared, handled, labelled or delivered;
• your breach of this agreement, or of the law;
• anything you sell, including a failure to hold a licence or permit, and including alcohol;
• your content, or a claim that it infringes someone's rights;
• a message you sent, or had Pepper send, through Skibble;
• a dispute between you and your customer, including one about a refund, a deposit or a cancellation;
• a claim made against us by a courier, our payment provider, a card network or another service we connect you to, because of something you did or failed to do.

We will tell you promptly about any claim, let you control the defence of it where you confirm you will cover it, and co-operate reasonably. You will not settle anything that admits fault on our part or requires anything of us without our agreement.

26Insurance

You must carry the insurance a food business in your position would reasonably carry, including commercial general liability and product liability cover, at limits that meet what the law and your couriers require. We may ask you to show us a certificate, and you agree to provide one within a reasonable time.

27Feedback

If you tell us what you think of Skibble or suggest how it could be better, we can use that freely and without owing you anything. We would rather hear it than not, and it goes into the work.

28Changes to these terms

We will change these terms from time to time. When we do, we will post the new version here with a new date at the top.

• For a change that materially affects you, we will give you at least thirty days' notice by email to your account address or in your dashboard before it takes effect.
• For a change to a fee that applies to accepting card payments, section 10 applies and you get ninety days.
• For a change that does not materially affect you, or one we have to make immediately to comply with the law or with a requirement of our payment provider or a card network, the change takes effect when we post it.

If you do not accept a change, close your account before it takes effect. Continuing to use Skibble after that means you accept it.

29Governing law and disputes

This agreement is governed by the law of the Province of Prince Edward Island and the law of Canada that applies there, without regard to conflict of laws rules. The courts of Prince Edward Island have jurisdiction, and we both submit to them. If you are a consumer, this does not take away any right you have to bring a claim where you live.

Before either of us starts a proceeding, we agree to try to sort it out. Write to us at hello@skibble.app setting out the problem and what you want, and we will respond within thirty days. Either of us can go to court straight away for urgent relief, or for an unpaid amount.

30The rest

The whole agreement

These terms, the Privacy Policy and the pricing page are the whole agreement between us about the Service, and they replace anything said before.

Transfer

You may not transfer this agreement without our written consent. We may transfer it to someone who takes over our business, and we will tell you if we do.

If part of this does not hold

If a court finds any part of these terms unenforceable, that part is limited or removed to the smallest extent needed and the rest stays in force.

Not enforcing something

If we do not enforce something straight away, we have not given up the right to enforce it later.

Things outside our control

Neither of us is liable for a failure caused by something outside our reasonable control, including a failure of the internet, a hosting provider, a payment network, a courier, a natural event, a labour dispute or an act of government.

We are not partners

Nothing here makes us partners, joint venturers, employer and employee, or franchisor and franchisee. Neither of us can bind the other, except where section 16 says Pepper may send a message for you.

Notices

We will write to you at the email address on your account, or put a notice in your dashboard. Write to us at hello@skibble.app. A notice is treated as received on the day it is sent, unless it bounces.

Language

These terms are in English, and the parties have required that they be drawn up in English. Les parties ont exige que ce document soit redige en anglais.

31How to reach us

Skibble
Charlottetown, Prince Edward Island, Canada
hello@skibble.app

If you are a customer of a business that uses Skibble and you have a problem with an order, contact that business first, because your contract is with them. If you cannot reach them, write to us and we will do what we can to help.

You can also read our Privacy Policy, see our pricing in full, or book a call with us.