Terms of Service

By accessing the Cake in the Loop website or platform, creating an account, or placing any order, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must not use or access the service.

If you are accessing or using the service on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" and "your" in these Terms refer to both you personally and that entity.

Your continued use of the service following any modification to these Terms constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

Cake in the Loop is a business-to-business employee gifting platform that enables companies to send personalized birthday cakes to their employees. The service includes:

• An online dashboard for HR and people teams to manage employee records, upcoming birthdays, and delivery orders.
• Automated scheduling and reminder workflows based on employee birthday data.
• A private employee address collection flow that allows individual employees to submit their own delivery address without sharing it with their employer.
• Coordination with local and national bakery and logistics partners to fulfill deliveries within the agreed delivery window.
• White-label delivery experience — cakes are presented under your company's name, not ours.

We reserve the right to modify, suspend, or discontinue any aspect of the service at any time with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the service.

To use the Cake in the Loop platform, you must register a company account. By registering, you agree to the following:

• Accurate information: You will provide accurate, current, and complete information during registration and keep it updated at all times.
• Account security: You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use.
• Administrator responsibility: The primary account administrator accepts these Terms on behalf of the organization and is responsible for ensuring that all users with access to the account comply with these Terms.
• One account per organization: Each organization may maintain one primary account. Multi-location or subsidiary arrangements may be discussed with our team.

We reserve the right to refuse registration or cancel accounts at our discretion, including for violation of these Terms.

All orders placed through the Cake in the Loop platform are subject to the following terms:

• Order creation: Orders are generated automatically based on employee birthday data and your configured scheduling rules, or may be created manually by an account administrator. Orders require explicit approval before they are submitted for fulfillment, unless auto-approval is enabled.
• Delivery windows: We target delivery on or within 48 hours of the employee's birthday. Exact timing depends on location, local partner availability, and whether the employee has submitted a valid delivery address in time. We do not guarantee delivery on a specific date or time.
• Address requirement: Delivery cannot be completed if the employee has not submitted a delivery address via their private link prior to the fulfillment cutoff. We will send the employee automated reminders, but we are not responsible for failed deliveries resulting from an employee not providing their address.
• Delivery failure: If a delivery fails due to an incorrect address, recipient unavailability, or other circumstances outside our control, we will attempt one re-delivery. If the re-delivery also fails, a credit equal to the order value will be applied to your account. Refunds in lieu of credits are available upon request.
• Cancellations: Orders may be cancelled by an administrator without charge up to 72 hours before the scheduled fulfillment date. Cancellations within 72 hours of fulfillment may be subject to a cancellation fee equal to 50% of the order value.

Cake in the Loop charges on a per-delivery basis. No subscription fee or platform fee is charged unless otherwise agreed in a separate order form or enterprise agreement.

• Pricing: Current per-delivery prices are listed on our pricing page. Prices are subject to change with 30 days' written notice for existing customers.
• Billing: Payments are charged to the credit card or ACH method on file at the time of order fulfillment, or invoiced monthly for qualifying enterprise accounts.
• Taxes: You are responsible for all applicable taxes, levies, or duties imposed by taxing authorities. We will collect sales tax where required by law.
• Refunds: Refunds for failed or significantly delayed deliveries are issued as account credits by default. Cash refunds are available upon written request and are processed within 10 business days.
• Late payments: Overdue balances accrue interest at 1.5% per month or the maximum permitted by law, whichever is less. We reserve the right to suspend service for accounts with outstanding balances more than 30 days overdue.

A core design principle of Cake in the Loop is that employees submit their own delivery addresses directly and voluntarily. Employers never see employee home addresses through our platform.

• Voluntary submission: Address submission by employees is entirely voluntary. No employee is required to provide an address to participate, and declining will simply result in no delivery for that occasion.
• Customer responsibility: As the Customer, you are responsible for communicating to your employees that their name, work email, and birthday will be shared with Cake in the Loop for the purpose of coordinating birthday deliveries, and that employees may be contacted by us via email to collect a delivery address. You must ensure you have a lawful basis for sharing this employee data with us.
• Data processing agreement: By using the service, you agree that you are the data controller of your employees' personal data and that Cake in the Loop acts as a data processor on your behalf solely for the purposes described in these Terms and our Privacy Policy. Enterprise customers may request a formal Data Processing Addendum (DPA) by contacting us.

You agree not to use the Cake in the Loop platform for any purpose that is unlawful, harmful, or otherwise prohibited by these Terms. Prohibited conduct includes, but is not limited to:

• Reselling, sublicensing, or white-labeling our platform to third parties without a separate written agreement.
• Using the platform to harvest, collect, or store employee personal data for purposes unrelated to the delivery service.
• Attempting to gain unauthorized access to any portion of the platform, other accounts, or our underlying infrastructure.
• Submitting false, fraudulent, or misleading information, including false addresses or fictitious employee records.
• Using automated scripts, bots, or scrapers to interact with the platform.
• Uploading or transmitting any content that is defamatory, obscene, harassing, or otherwise objectionable.
• Violating any applicable local, state, national, or international law or regulation.

Violation of these prohibitions may result in immediate account suspension or termination without refund, and may expose you to civil or criminal liability.

All intellectual property rights in and to the Cake in the Loop platform — including the software, design, user interface, branding, content, logos, and documentation — are owned by or licensed to Cake in the Loop, Inc. and are protected by applicable copyright, trademark, patent, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the platform solely for your internal business purposes as contemplated by these Terms.

You may not copy, modify, distribute, sell, or lease any part of the platform or its underlying code, nor may you reverse-engineer or attempt to extract the source code of the platform.

White-label rights: Enterprise customers with a white-label addendum are granted a limited license to present the delivery experience under their own brand. This license is non-sublicensable and does not transfer any ownership in our intellectual property. All white-label arrangements must be formalized in a written addendum to these Terms.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAKE IN THE LOOP, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS PAID BY YOU TO CAKE IN THE LOOP IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law. Nothing in these Terms limits our liability for fraud, gross negligence, or willful misconduct.

Either party may terminate the service relationship at any time:

• Termination by you: You may close your account at any time by contacting us at hello@cakeintheloop.com. Any orders already in progress will be fulfilled and billed as normal. Credits on your account will be refunded upon request.
• Termination by us: We reserve the right to suspend or terminate your account for violation of these Terms, non-payment, or any conduct that we reasonably determine to be harmful to our platform, other customers, or third parties. We will provide notice where reasonably practicable.
• Effect of termination: Upon termination, your right to access the platform ceases immediately. We will delete or anonymize your account data within 90 days of account closure, except for information we are required to retain by law. Employee delivery addresses, if any remain on file, will be deleted immediately upon account closure.

These Terms and any dispute arising out of or related to them or the service shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in the State of Delaware, and you and Cake in the Loop each irrevocably consent to the personal jurisdiction and venue of such courts.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights or confidential information. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by:

• Sending an email to the primary account administrator address on file at least 14 days before the changes take effect.
• Posting a prominent notice within the platform dashboard.
• Updating the "Effective" date at the top of this page.

Your continued use of the service after the effective date of any change constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the service and close your account before the effective date. For changes that materially reduce your rights or increase your obligations, we will provide at least 30 days' notice.

If you have any questions about these Terms of Service, or if you need to contact us for any reason related to your account, please reach out:

These Terms, together with our Privacy Policy and any applicable order forms or addenda, constitute the entire agreement between you and Cake in the Loop with respect to the subject matter hereof, and supersede all prior or contemporaneous understandings, representations, or agreements.