Terms of Service

1. The Service

ibakepro provides cloud-based ERP and AI-powered tools for bakeries. These include bakery management, analytics, custom websites, and integrations with third-party services. We may update, modify, or discontinue features at any time. If a change materially reduces core functionality, we will provide reasonable notice (via email or in-app).

No service level agreement (SLA). Except as required by law or expressly stated in a separate written SLA signed by both parties, the Service is provided on a commercially reasonable best-effort basis. We do not warrant uninterrupted, error-free, or specific-uptime availability, and we do not offer service credits. This section does not limit any non-excludable rights you have under the Australian Consumer Law (see Section 11).

2. Accounts, Subscriptions & Free Trials

• Security: You must create an account to use the Service and are responsible for keeping your login credentials secure.
• Free Trial: All plans include a 14-day free trial. A credit card is required at signup. We send a reminder email approximately 7 days before your trial converts to a paid subscription. At the end of the 14-day Free Trial, your selected payment method will be automatically charged the applicable subscription fee unless you cancel from Settings before the trial expires. You can cancel at any time during the trial with no charge.
• Billing: Subscriptions are billed monthly or annually in advance via Stripe, PayPal, or Square.
• Pricing: Pricing and plan details are shown during signup. We may change pricing or plans with at least 30 days' notice.
• Cancellation: You may cancel anytime via settings. Cancellation takes effect at the end of the current billing period. No refunds for partial periods unless required by law.
• Suspension: If payment fails, we may suspend access until resolved.

3. Your Data & Aggregate Statistics

You retain all ownership and intellectual property rights in any content, data, or materials you upload, input, or generate using the Service (“Your Data”), including recipes, formulations, customer information, orders, and other business records.

You grant ibakepro a limited, worldwide, non-exclusive, royalty-free license to use, store, copy, modify (as needed for formatting/compatibility), and display Your Data solely to provide, maintain, and support the Service for you, in accordance with our Privacy Policy.

AI features. The AI features in ibakepro (collectively, “Choux”) are powered by a trusted enterprise-grade cloud AI provider, contracted under terms that prohibit retention of, or training on, customer inputs. Before any query is sent to the AI provider, direct identifiers — customer names, business names, emails, phone numbers, and addresses — are pseudonymised or redacted by the Service. We do not train AI models on Your Data, and we do not use Your Data to improve the underlying AI models.

Aggregate statistics. You agree that ibakepro may compute aggregate or statistical measures from Your Data — for example, total orders processed across the platform, popular product categories, or end-of-year usage summaries (such as a personalised “year in review”). These aggregates do not identify you, any individual, or your specific business. We may use them to operate, analyse, and improve the Service, surface benchmarks to users, and report on platform health.

We do not sell Your Data, and we do not share Your Data in identifiable form with third parties except as described in our Privacy Policy (e.g. payment processors, hosting, and our AI provider acting on our behalf).

4. Our Intellectual Property & AI Design Studio

ibakepro (and our licensors) own all rights, title, and interest in the Service, including software, proprietary Natural Language Processing (NLP) workflows, system prompts, AI model configurations, designs, trademarks, and documentation.

• Voluntary AI Use: Use of AI-powered tools (such as the AI Design Studio or Analytics) is strictly voluntary. No data is sent to our AI engines unless you explicitly trigger an AI feature.
• AI Output Disclaimer: AI-generated designs and mock-ups are for inspiration and conceptual purposes only. We do not warrant that any AI-generated design is structurally sound, edible, or achievable in a real-world kitchen. You are solely responsible for verifying the feasibility of any design before offering it to your customers.
• Proprietary Logic: While you own the final business data generated (Your Data), ibakepro owns the underlying technology. You may not attempt to reverse-engineer, decompile, or extract the proprietary prompts or logic used in our AI modules.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful, harmful, or abusive purpose.
• Upload viruses, malware, or infringing material.
• Attempt unauthorised access or interfere with the Service.
• Scrape, copy, or resell any part of the Service.
• Use the Service to send spam, unsolicited messages, or messages that violate anti-spam, telemarketing, or consumer-protection laws applicable to you or your recipients (including the Australian Spam Act 2003, the US TCPA and CAN-SPAM Act, and the UK PECR/UK GDPR).

Messaging compliance. When you use the Service to send SMS, email, or other communications to your own customers, you are solely responsible for obtaining and recording the necessary consents, honouring opt-outs and unsubscribe requests promptly, and complying with all applicable messaging laws in your jurisdiction and the recipient's jurisdiction.

Abuse and enforcement. We reserve the right to investigate suspected abuse, block or rate-limit specific features (including outbound SMS, email, or AI features), suspend access, or terminate your account where we reasonably believe abuse, fraud, unsafe behaviour, or breach of these Terms has occurred, including where your conduct risks the deliverability, reputation, or compliance of services we provide to other customers. Where practicable, we will give notice and an opportunity to remedy, but we may act immediately where the risk to the Service, other customers, or third parties requires it.

6. Third-Party Services & Integrations

The Service includes integrations with third-party providers (e.g., Stripe, PayPal, Square, Meta, Google, TikTok, Twilio). We do not control these services and are not responsible for their availability, performance, security, or privacy practices. When you enable an integration, you authorise us to share necessary data with the provider on your behalf. Their terms and privacy policy apply.

7. Custom Websites & Online Storefronts

Bakery owners may create and customise a website through the Service. You are solely responsible for all content, products, services, and legal compliance on your custom website (including privacy notices, consumer law disclosures, accessibility, and obtaining consents for any tracking technologies you enable). If you add third-party tracking (e.g., Meta Pixel, Google Tags), you must comply with applicable laws and disclose them to your customers.

8. Termination & Post-Termination

• User Termination: You may terminate your account at any time via settings.
• Provider Termination: We may suspend or terminate access for material breach of these Terms, non-payment, fraud, security risk, abusive behaviour toward our team or other users, regulatory requirement, or where we discontinue the Service (in which case we will provide at least 30 days' written notice).
• Data Handling Upon Termination:
  • Access: You should export Your Data before terminating using the in-app export tools available throughout your subscription. Account and dashboard access ends on the effective termination date.
  • Assisted export: For up to 60 days after termination, you may contact us to request a one-time assisted export of your core business data (such as customers, orders, expenses, and similar records) in a common format. Assisted exports do not include internal metadata, derived fields, or audit logs, and may not preserve the relationships between records (for example, order-to-customer or recipe-to-ingredient links may be flattened or omitted).
  • Operational Data: We retain Your Data (including operational and end-customer data) for up to 2 years after account closure to allow potential reactivation. We will send two advance warnings (approximately 6 months and 1 month before the 2-year period ends) before permanent deletion.
  • Compliance Data: Your subscription and billing records are retained separately for up to 7 years after closure solely for tax, accounting, and compliance purposes.
• Export: You are responsible for exporting any data you wish to keep before closure.

9. Food Safety, Compliance & Accuracy

The Service is a general-purpose tool and does not provide tax, legal, accounting, or regulated professional advice.

• Compliance Disclaimer: While the Service provides tools for food safety (Temp logs, Pest management, Allergen tracking), ibakepro is not a compliance officer. You remain solely responsible for the safety, labelling, and allergen disclosure of your food products.
• No Liability for Fines: CRADD PTY LTD is not liable for any health-related incidents, regulatory fines, or business closures resulting from your use of (or reliance on) the Service.
• Accuracy: You are responsible for the accuracy of any tax, pricing, or financial information generated.

10. Route Optimisation & Delivery Safety

Route optimisation features are provided as estimates only. Drivers must prioritise local traffic laws, road conditions, and safety over any route suggested by the Service. CRADD PTY LTD is not liable for any traffic violations, accidents, or property damage occurring during delivery operations.

11. Warranties & Australian Consumer Law (ACL)

The Service is provided “as is” and “as available”. Nothing in these Terms excludes, restricts, or modifies any right or remedy under the Australian Consumer Law that cannot lawfully be excluded.

Where our services are not used for personal, domestic, or household use, our liability for a breach of a consumer guarantee is limited to (at our option) the resupply of the services or the payment of the cost of having the services supplied again.

12. Limitation of Liability

To the maximum extent permitted by law, our total aggregate liability arising from these Terms or the Service is limited to the amount you paid us in the 12 months before the claim. We are not liable for indirect, consequential, special, incidental, or punitive damages (including lost profits, revenue, data, or business interruption), even if advised of the possibility.

13. Indemnity

Your indemnity to us. You agree to indemnify and hold ibakepro harmless from claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from Your Data, your breach of these Terms, or your violation of law or third-party rights through use of the Service.

Our indemnity to you (IP). ibakepro will defend you against any third-party claim that the Service, as provided by us and used by you in accordance with these Terms, infringes that third party's Australian, United States, United Kingdom, or European Union intellectual property rights, and we will pay any final award of damages or any settlement we agree to. This indemnity does not apply to claims arising from (a) Your Data; (b) your modifications to or combinations of the Service with other products or services not provided by us; (c) your use of beta or preview features; or (d) your continued use of an allegedly infringing version of the Service after we have provided a non-infringing alternative.

Process. The indemnified party must (i) promptly notify the indemnifying party in writing of the claim, (ii) give the indemnifying party sole control of the defence and settlement (provided no settlement admits fault or imposes obligations on the indemnified party without their consent), and (iii) provide reasonable cooperation at the indemnifying party's expense.

14. Governing Law & Dispute Resolution

Governing law. These Terms are governed by the laws of New South Wales, Australia. Disputes are subject to the non-exclusive jurisdiction of the courts of New South Wales. If you are accessing the Service from the EU, UK, or USA, you acknowledge that while you may have local non-excludable consumer rights, the contractual governing law remains New South Wales.

Step 1 — Direct discussion. If a dispute arises out of or in connection with these Terms, the party raising it must first send a written notice to the other party at the contact address on file (for ibakepro: legal@ibakepro.com) describing the dispute and the outcome sought. The parties agree to discuss the matter in good faith for at least 30 days before escalating.

Step 2 — Mediation. If the parties cannot resolve the dispute within 30 days, they will refer the dispute to mediation administered by the Australian Disputes Centre under its Mediation Guidelines, with costs shared equally. Where the customer is located outside Australia, mediation may be conducted by video conference.

Step 3 — Court. If mediation does not resolve the dispute within 60 days of referral, either party may commence court proceedings in the courts of New South Wales. Nothing in this clause prevents either party from seeking urgent injunctive or interlocutory relief from a court at any time. This clause does not limit any non-excludable consumer-protection rights you have under applicable law.

15. Changes to Terms

We may update these Terms. We will provide at least 30 days' notice of material changes via email or in-app. Continued use after the effective date constitutes acceptance. If you do not accept a material change, you may terminate your subscription before the change takes effect and request a pro-rata refund of any prepaid fees covering the period after termination.

16. Force Majeure

Neither party is liable for any failure or delay in performance (other than payment obligations) caused by an event beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, pandemic or epidemic, internet or telecommunications failures, denial-of-service attacks, or failures of upstream hosting, cloud, or third-party providers. The affected party must use reasonable efforts to mitigate the impact and resume performance. If a force majeure event continues for more than 60 consecutive days, either party may terminate the affected portion of the Service for convenience without further liability.

17. General Provisions

• Entire agreement. These Terms, together with our Privacy Policy, Data Processing Addendum, and any order form or written addendum signed by both parties, constitute the entire agreement between you and ibakepro and supersede any prior or contemporaneous agreements, communications, or representations.
• Assignment. You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of our assets, with notice to you.
• Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.
• No waiver. A failure or delay by either party to enforce any right under these Terms is not a waiver of that right or any future right.
• No agency. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between the parties.
• Notices. Notices to ibakepro must be sent to legal@ibakepro.com. Notices to you will be sent to the billing or account email address on file, or delivered via in-app notice. Email notices are deemed received on the next business day after sending.
• Export controls & sanctions. You represent that you are not located in, or a national of, any country subject to a comprehensive trade embargo by Australia, the United States, the United Kingdom, or the European Union, and that you will not use the Service in violation of applicable export-control or sanctions laws.
• Survival. Sections that by their nature should survive termination (including those relating to ownership, your data licence, confidentiality, indemnities, limitation of liability, governing law, dispute resolution, and these general provisions) survive any termination of these Terms.

18. Contact

For questions about these Terms:

Privacy Officer / Legal, CRADD PTY LTD
Email: hello@ibakepro.com

By using ibakepro, you agree to these Terms and our Privacy Policy.