Terms of Service
The agreement between FlourDesk and the bakers who use it.
These Terms of Service ("Terms") are a legal agreement between you ("you," "your," or "Baker") and P5 Creative LLC, an Arizona limited liability company doing business as FlourDesk ("FlourDesk," "we," "us," or "our"). They govern your access to and use of the FlourDesk website, platform, and related services (collectively, the "Service").
By checking the box to accept these Terms, creating an account, subscribing, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.
A note on who these Terms bind. These Terms are between FlourDesk and you, the Baker. The people who buy from your shop ("Customers") are not parties to these Terms and have no contract with FlourDesk. Your Customers deal with you, not with us. See Sections 1 and 5.
1. What FlourDesk Is
FlourDesk is a software platform that gives independent bakers a branded online storefront, an order and pre-order ("drop") management system, and business tools. FlourDesk provides software only. We are not a bakery, a food producer, a payment processor, a marketplace, a seller of your products, or a party to any transaction between you and your Customers. We are also not your employer, franchisor, agent, insurer, or a packer, shipper, or operator of any food facility.
You use the Service to run your own baking business. You are solely responsible for that business, including the products you make and sell, the accuracy of what you publish, how you fulfill orders, and how you collect payment from your Customers. Any license number, certification, or similar information shown on your shop is supplied by you and displayed as you entered it; FlourDesk does not verify it.
2. Eligibility and Business Use
You must be at least 18 years old and able to form a binding contract to use the Service. The Service is currently offered only to bakers operating in the United States.
You may use the Service only for business or commercial purposes in connection with your baking business, and not for personal, family, or household purposes.
If you create or use an account on behalf of a company, LLC, partnership, or other business entity, you represent that you have authority to bind that entity to these Terms, and "you" includes that entity.
By using the Service you represent that the information you provide is accurate, that you are legally permitted to operate your baking business where you operate, sell, and deliver, and that you are not barred from using the payment or hosting services the Service relies on.
3. Your Account
You are responsible for keeping your login credentials secure and for all activity that happens under your account, including the acts and omissions of any employee or other person you allow to access it. Notify us promptly if you believe your account has been accessed without your authorization. Your account is personal to your business and may not be transferred except together with the business as provided in Section 15.
4. Your Baking Business Is Yours (and Your Responsibility)
FlourDesk gives you tools. What you do with them is up to you and is your responsibility. In particular, you are solely responsible for:
- Licensing and legal compliance. Obtaining and maintaining any cottage food license, permit, registration, or approval required where you operate, and complying with all applicable food-safety, labeling, allergen-disclosure, cottage food, tax, and consumer-protection laws, including any limits your license places on where and how you may sell, ship, or deliver. FlourDesk does not verify your credentials, does not confirm your compliance, and does not provide legal, tax, or food-safety advice. Displaying a license field or any informational tool is not an endorsement or a determination that you are compliant.
- Your products. The safety, quality, accuracy, and legality of everything you list, bake, and sell, including allergen and ingredient information you publish through the Service.
- Your taxes. Any sales tax or other tax on your sales to your Customers, including collecting and remitting it where required.
- Your fulfillment. Packaging, temperature control, pickup and delivery logistics, and honoring the pickup or delivery methods you offer, consistent with what your license allows.
- Your Customers. Your relationship with your Customers, including fulfilling orders, handling cancellations and refunds, responding to complaints, and honoring anything you promise them.
- Your own policies. Any terms, policies, or promises you present to your Customers. Those are between you and your Customers. FlourDesk is not a party to them.
- Your content. Everything you upload or publish through the Service, including text, images, pricing, and business information.
5. Payments Between You and Your Customers
FlourDesk does not process, collect, hold, transmit, escrow, insure, or reverse payments between you and your Customers, and never touches those funds. FlourDesk is not a payment processor or money transmitter. The Service lets you display or link to your own payment options (for example, a PayPal, Venmo, Zelle, or Stripe link that belongs to you) so your Customers can pay you directly. Collecting payment, confirming payment, issuing refunds, and resolving payment disputes, chargebacks, wrong-recipient payments, and "I sent it / I never got it" questions with your Customers are entirely your responsibility.
Any payment tool or account you display or link to is governed by that provider's own terms. Some personal payment services (for example, personal Venmo, Zelle, or PayPal.Me) may restrict business use; whether a given tool is suitable for your sales is your decision and your risk. FlourDesk is not responsible for those providers, their fees, their availability, or any loss connected to their use.
The "payment reported" and "paid" indicators in the Service are conveniences to help you track orders. A "paid" indicator reflects only that you (or your Customer) marked it so. It is not a verification by FlourDesk that any payment was actually made, received, or valid.
6. Your Subscription and Billing
This Section 6 applies only to the fees you pay FlourDesk for your subscription to the Service. It does not apply to payments your Customers make to you for your products, which are covered by Section 5.
Plans and fees. The Service is provided on a subscription basis. Current pricing is shown on our pricing page. Your subscription may include a base plan and optional add-ons. Fees are stated in U.S. dollars.
Billing and consent. Subscriptions are billed in advance on a recurring basis (monthly, or as otherwise stated at signup) through our third-party subscription payment processor. Before you are charged, we disclose the material terms (the amount, the billing interval, that it renews automatically until canceled, and how to cancel) and you provide your express consent at checkout. By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel. You are responsible for keeping a valid payment method on file.
Free trial. If your subscription includes a free trial, we will disclose the trial length and the price that applies after it, and we will begin charging your payment method when the trial ends unless you cancel before then. We may require a valid payment method to start a trial.
Founding rate. If you subscribe at a promotional or "founding" rate, that rate applies only for as long as your subscription remains continuously active. If you cancel and later resubscribe, the then-current standard price applies. Changing your plan (for example, adding or removing an add-on) keeps your founding rate for the plans it covers, so long as your subscription has remained continuously active. We may limit the number of founding-rate subscriptions and may end the offer at any time.
Price changes. We may change our fees. If we change the fee that applies to your active subscription, we will give you at least 30 days' advance notice, and the change will take effect on your next billing cycle after the notice period. Your continued use after a price change takes effect means you accept the new fee. If you do not agree, you may cancel before it takes effect.
Failed payments. If a charge fails, we may retry it and may email you about it. If your subscription remains unpaid, your access may be reduced or suspended as described in Section 7. We try to avoid disrupting orders your Customers have already placed, but we do not guarantee uninterrupted Service during a payment failure.
Cancellation. You may cancel your subscription at any time through your account or the billing portal, using a cancellation method at least as simple as signing up. Cancellation stops future renewals. Your account stays active through the end of the period you have already paid for, and you are not charged again after that.
Refunds. Except where required by law, subscription fees are non-refundable, and we do not provide refunds or credits for partial billing periods or unused time.
Chargebacks. Initiating a chargeback or payment dispute on your subscription fees, rather than canceling, may result in suspension of your account.
Taxes. Any taxes that apply to your FlourDesk subscription itself will be shown at checkout or on your invoice. Taxes on your own sales to your Customers are your responsibility under Section 4.
7. Suspension, Wind-Down, and Termination
By you. You may cancel at any time as described in Section 6.
Non-payment (wind-down). If your subscription lapses for non-payment, we may move your account through reduced-access states rather than shutting it off all at once. During a wind-down state we may stop new orders while keeping existing order and payment pages reachable for your Customers, so orders already placed can still be completed. We may fully suspend an account once you have no unfulfilled orders and no open drop with a fulfillment date in the near future. Nothing in the Service will state or imply to your Customers that you have failed to pay FlourDesk.
By us for cause. We may suspend or terminate your account if you breach these Terms, use the Service unlawfully or in a way that harms the Service or others, or create risk or legal exposure for us or other users. Where practicable we will give notice, except in cases of fraud, abuse, legal risk, or where notice is not feasible.
Effect of termination. When your account ends, your right to use the Service ends. Before you cancel, you can download a sales report as a CSV from within the Service; this is a sales and order summary, not a full export of your account, Customer list, settings, or branding. After you close your account, we delete your shop and its associated data on the schedule described in our Privacy Policy, and we keep the business and tax records described there. Provisions that by their nature should survive termination (including Sections 1, 4, 5, 6, 9, 11, 12, 13, and 15) will survive.
8. Acceptable Use
You agree not to:
- Use the Service to sell anything unlawful, or to sell or fulfill in a way (including shipping or delivering across state lines or beyond what your license allows) that the law or your license does not permit;
- Upload content that is unlawful, infringing, deceptive, harmful, or that you do not have the right to use;
- Misrepresent your products, pricing, licensing, or business, or post fake reviews or fake order activity;
- Sell high-risk products we choose not to allow (for example, alcohol, cannabis or CBD/THC products, raw-milk products, or products making medical or health claims), where we will say so;
- Interfere with, disrupt, probe, scrape, or attempt to gain unauthorized access to the Service, its systems, or other shops;
- Reverse-engineer, copy, resell, or attempt to extract the source or underlying structure of the Service, or resell or white-label the Service without our permission, except to the extent the law does not allow that restriction;
- Use the Service to send unlawful, unsolicited, or deceptive messages, or to handle personal information in violation of law;
- Use free-form fields in the Service to collect sensitive personal information from your Customers that the ordering process does not need, such as Social Security or other government-ID numbers, financial-account or full payment-card numbers, or health information;
- Use the Service on behalf of anyone else in a way designed to hide who is actually operating the account.
We may remove content or limit use that we reasonably believe violates these Terms or the law. Doing so does not make us responsible for policing content and creates no duty to monitor.
9. Content and Intellectual Property
Your content. You keep ownership of the content you upload (your product photos, text, branding, and business information). Some of that content is published publicly on your storefront by design. You grant FlourDesk a non-exclusive, worldwide, royalty-free license to host, store, reproduce, modify (for example resize, compress, and reformat), publicly display and distribute, and transmit your content, and to sublicense these rights to the service providers we use to operate the Service (for example content-delivery, image-processing, and email providers), in each case as needed to operate and provide the Service. This license ends when you delete the content or close your account, except for copies retained in routine backups for a limited time or as required by law.
You represent that you have the rights to the content you upload and that it does not infringe anyone else's rights.
Our content. FlourDesk, including its software, design, and the FlourDesk name and logo, belongs to us. These Terms do not give you any ownership of the Service. We grant you a limited, non-exclusive, non-transferable right to access and use the Service during your subscription, for running your own baking business, subject to these Terms.
Copyright complaints. We respond to notices of alleged copyright infringement under the DMCA. Send notices to hello@flourdesk.com.
Feedback. If you send us suggestions, we may use them without obligation to you, and your feedback is not confidential.
10. Customer Data and Privacy
When you use the Service, you upload or generate information about your Customers (for example names, contact details, orders, and pickup or delivery information). As between you and FlourDesk, you are responsible for that information: for having the right to collect it and provide it to us, for what you collect and why, and for giving your Customers any notice or choices the law requires. FlourDesk processes Customer information only as a software provider, to operate and provide the Service on your behalf, and as described in our Privacy Policy.
The Service is not directed to children under 13, and you will not use it to knowingly collect personal information from children under 13.
If the Service lets you send messages to your Customers, you are the sender of record for those messages and are responsible for their recipients, content, legality, and any consent the law requires.
Our handling of information is described in our Privacy Policy.
11. Third-Party Services
The Service relies on third-party infrastructure and providers, including providers we use to process our own subscription fees, to host and deliver images, and to deliver email. Some features depend on them, and their availability or actions are outside our control. We are not responsible for third-party services. Any payment service, social platform, or review platform you display or link to for your Customers is governed by its own terms. The providers we use to operate the Service are described in our Privacy Policy.
12. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT IT WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL PRODUCE ANY PARTICULAR LEVEL OF ORDERS, SALES, OR REVENUE. ANY FIGURES, ESTIMATES, OR PROJECTIONS THE SERVICE DISPLAYS ARE ESTIMATES, NOT GUARANTEES. YOU ARE RESPONSIBLE FOR YOUR BAKING BUSINESS AND FOR YOUR COMPLIANCE WITH THE LAWS THAT APPLY TO IT. FLOURDESK DOES NOT PROVIDE LEGAL, TAX, ACCOUNTING, OR FOOD-SAFETY ADVICE.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, FLOURDESK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FLOURDESK'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL SUBSCRIPTION FEES YOU PAID TO FLOURDESK IN THE THREE (3) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50).
FLOURDESK IS NOT LIABLE FOR ANYTHING RELATED TO YOUR PRODUCTS, YOUR COMPLIANCE OR NON-COMPLIANCE WITH ANY LAW, YOUR CUSTOMERS, PAYMENTS BETWEEN YOU AND YOUR CUSTOMERS, OR THE ACTS OF THIRD-PARTY PROVIDERS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
14. Indemnification
You agree to defend, indemnify, and hold harmless FlourDesk and its owners, members, officers, employees, contractors, affiliates, and licensors from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) brought by a Customer, a regulator, or any third party and arising out of or related to: your baking business; your products; your content; your misuse of the Service; your violation of these Terms or any law; your licensing, food-safety, labeling, or tax obligations; your payment practices with your Customers; or any dispute between you and your Customers or between you and a third-party provider.
We will notify you promptly of any claim for which we seek indemnification, may participate in the defense with our own counsel at our expense, and will not settle any claim in a way that imposes an obligation or admission on you without your consent (not to be unreasonably withheld). Your obligations under this Section apply even if the claim is ultimately groundless.
15. Changes to These Terms
We may update these Terms from time to time. If we make a material change, we will take reasonable steps to notify you (for example, by email or an in-app notice) before it takes effect. Your continued use of the Service after the change takes effect means you accept the updated Terms. If you do not agree, stop using the Service and cancel your subscription.
16. General
Governing law. These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws rules.
Dispute resolution. Any dispute arising out of or relating to these Terms or the Service is governed by the laws of the State of Arizona as stated above, and the parties will attempt in good faith to resolve it directly before pursuing other remedies.
Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and FlourDesk about the Service and supersede any prior agreements on that subject.
Severability. If any provision is held unenforceable, the rest remains in effect and the unenforceable provision will be limited or removed to the minimum extent necessary.
No waiver. Our failure to enforce any provision is not a waiver of it.
Assignment. You may not assign these Terms without our consent, except to a successor that acquires your baking business. We may assign them in connection with a merger, acquisition, or sale of assets.
No third-party beneficiaries. These Terms do not create any rights in anyone who is not a party to them, except that the FlourDesk parties listed in Section 14 may enforce that Section.
Notices. We may give you notice by email to the address on your account or by an in-app notice; that is sufficient notice under these Terms.
Contact. Questions about these Terms: hello@flourdesk.com / P5 Creative LLC (dba FlourDesk), based in Arizona, USA.
Questions about this document
Ask through the contact page, or email hello@flourdesk.com.
See also our Privacy Policy.