Detailed Terms and Conditions of Using Stirva
Welcome to Stirva (“Stirva,” “we,” “us,” or “our”), a product of BrightEdge Enterprises Inc., a provincially incorporated company in Ontario, Canada. These Terms of Service (“Terms”) govern your use of the Stirva application, website, and related services (collectively, the “Services”). Please read these Terms carefully. By creating an account, accessing, or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.
Stirva reserves the right, at its sole discretion, to update or modify these Terms, and such modifications shall be effective immediately upon posting. Continued use of the Services following such modifications constitutes acceptance of the revised Agreement.
1. Definitions
For the purposes of these Terms, “User” refers to any individual or entity that creates an account on Stirva to manage their baking or food-related business. “Customer” refers to any individual or entity that places an order directly with a User for baked goods or related products. “User Content” refers to recipes, product information, pricing, images, order records, or other materials uploaded or created by a User within the Services. “AI Assistant” refers to Stirva’s artificial intelligence tool that provides recipe suggestions, ingredient substitutions, business insights, or related outputs. “Stirva” refers to the Services operated by BrightEdge Enterprises Inc.
2. Services Provided
Stirva provides Users with digital tools designed to support home bakers and small food businesses. These include ingredient and recipe management, recipe cost calculation, product pricing tools, expense and income tracking, order management, business dashboards, and an AI Assistant. Stirva allows Users to enter ingredient data, calculate recipe costs, set selling prices, manage expenses and income, track profits, record customer orders, and receive suggestions and insights through its AI Assistant.
Stirva does not sell products, collect payments on behalf of Users, or guarantee the accuracy of cost calculations, AI outputs, or business insights. All transactions, communications, and obligations between Users and their Customers are solely the responsibility of the User.
3. Eligibility
You must be at least eighteen (18) years old, or the age of majority in your province or territory, to register as a User and access the Services. By creating an account and using the Services, you represent and warrant that you meet these eligibility requirements and that the information you provide during registration is true and accurate.
4. User Accounts and Responsibilities
To access the Services, you must create an account by providing accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity conducted under your account.
You agree to use the Services in compliance with all applicable laws and regulations, and you agree not to engage in any activity that is fraudulent, abusive, or that interferes with the proper functioning of the platform.
You are solely responsible for the content you upload or input into the Services, including recipes, product descriptions, pricing, and customer data. You represent and warrant that you have the necessary rights to such content and that its use will not infringe the intellectual property or privacy rights of any third party.
You acknowledge and agree that Stirva acts only as a facilitator of online storefronts and order management. Stirva is not a party to transactions between you and your customers. You remain fully responsible for fulfilling orders, handling refunds or disputes, complying with food safety or business regulations, and addressing all customer service issues.
You are responsible for providing accurate, current, and complete information during the registration process and for keeping this information updated. Users are responsible for maintaining the confidentiality of their login credentials and for all activities that occur under their account. Users agree to notify Stirva immediately of any unauthorized access or use of their account. Stirva reserves the right to suspend or terminate accounts if inaccurate information is provided or if these Terms are otherwise violated.
5. Subscriptions, Fees, and Payment
Stirva operates on a subscription model. Users may select either a monthly or an annual subscription plan. New Users are entitled to a thirty (30) day free trial, after which they must subscribe to continue accessing the Services. Subscription fees are charged in advance and are processed through third-party payment providers, such as Stripe. By subscribing, you authorize such providers to charge your designated payment method for all applicable fees. All subscription fees are final and non-refundable, except where otherwise required by Canadian law or applicable app store policies.
All subscription payments made to Stirva are final and non-refundable. This includes circumstances in which a User cancels their subscription prior to the end of the billing period. Refunds are only available where required by law or applicable app store policies. Users are encouraged to take advantage of the thirty (30) day free trial period to evaluate the Services before committing to a subscription.
6. Acceptable Use Policy
You agree not to use the Services in any manner that is unlawful, abusive, fraudulent, or otherwise harmful. Prohibited uses include, but are not limited to:
Using the platform to sell illegal, unsafe, or prohibited products (including but not limited to alcohol, controlled substances, counterfeit goods, or unregulated food items).
Uploading, transmitting, or distributing content that is defamatory, obscene, harassing, or otherwise objectionable.
Attempting to hack, probe, or disrupt the functionality or security of the Services or the accounts of other users.
Misusing the AI features to generate harmful, misleading, or inappropriate content.
Sending unsolicited communications, spam, or deceptive marketing through the Services.
Using the Services to infringe or misappropriate the intellectual property rights of others.
Stirva reserves the right, at its sole discretion, to suspend or terminate accounts that violate this Acceptable Use Policy, without refund or compensation.
7. Acceptable Use Policy
Users are solely responsible for all business activities conducted using Stirva. This includes the accuracy of data entered into the Services, such as ingredient costs, recipe details, product pricing, and financial records. Users are solely responsible for their communications, transactions, and obligations with Customers. Users are also solely responsible for ensuring compliance with all applicable laws and regulations, including but not limited to food safety standards, health codes, tax laws, business licensing, labeling requirements, and consumer protection laws. Stirva does not assume responsibility for a User’s business compliance or obligations.
8. Customer Relationships
Customers of Users contract directly with the User, not with Stirva. Stirva is not a party to any agreements or transactions between Users and their Customers. Stirva does not screen Customers, verify their payments, or resolve disputes between Users and Customers. All customer service matters, including refunds, delivery issues, product quality concerns, and disputes, are the sole responsibility of the User. Users must make it clear in their dealings with Customers that the relationship is directly between User and Customer and that Stirva is not involved as an intermediary.
9. AI Assistant Disclaimer
The AI Assistant within Stirva is provided for informational purposes only. While it may generate recipe suggestions, ingredient substitutions, business insights, content ideas, and any other output, these outputs may not always be accurate, reliable, or suitable for a User’s specific needs. Users are responsible for independently reviewing and verifying all AI outputs before relying on them. Stirva makes no guarantees regarding the accuracy, completeness, or usefulness of AI outputs, and accepts no liability for any loss, error, or business decision arising from reliance on AI-generated content.
10. Intellectual Property Rights
All content, software, technology, designs, logos, and trade names comprising or used in connection with the Services are the sole property of BrightEdge Enterprises Inc. and are protected by intellectual property laws of Canada and other jurisdictions.
Subject to your compliance with this Agreement, Stirva grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services solely for your internal business purposes. Any unauthorized use, reproduction, or distribution of the Services is strictly prohibited.
Submission: By directly sending us any comment, question, suggestion, idea, feedback, or other information about the Services, you agree to assign to us all intellectual property rights in the submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.
11. User Content
Users retain ownership of all User Content they submit to the Services. By submitting User Content, Users grant Stirva a worldwide, royalty-free, non-exclusive, sublicensable license to host, store, process, display, and otherwise use the User Content solely for the purpose of operating and improving the Services. Users represent and warrant that they have all necessary rights to the User Content they provide and that such content does not infringe or violate the rights of others. Stirva reserves the right to remove or restrict access to any User Content that violates these Terms or applicable laws.
12. Third-Party Services and Integrations
The Services integrate with various third-party platforms, including but not limited to Stripe (payment processing), OpenAI (artificial intelligence features), Mailchimp (email marketing), Bubble (application infrastructure), and Google Analytics (usage analysis). Your use of such third-party services is subject to their respective terms and conditions, which you must review and accept independently.
Stirva disclaims any liability for the availability, security, or performance of such third-party services.
13. Data Retention and Account Termination
In the event you cancel your subscription, your account will remain active until the conclusion of the current billing cycle. Your data will not be automatically deleted upon cancellation. You may, at your discretion, request deletion of your account and associated data by either contacting Stirva directly or utilizing available account settings.
Stirva reserves the right, without prior notice, to suspend or terminate your account where it has reasonable grounds to believe that you have violated this Agreement, engaged in fraudulent activity, or used the Services in a manner that may cause harm to Stirva or its other users.
14. Limitation of Liability
To the fullest extent permitted by law, Stirva’s total aggregate liability arising out of or in connection with this Agreement shall not exceed the total subscription fees paid by you to Stirva in the six (6) month period immediately preceding the event giving rise to the claim.
Under no circumstances shall Stirva be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, loss of goodwill, or loss of data, even if Stirva has been advised of the possibility of such damages.
15. Service Availability
While Stirva strives to maintain reliable and continuous Services, it does not guarantee that the Services will be uninterrupted or error-free. Temporary interruptions may occur due to maintenance, system updates, or technical issues. Stirva will make reasonable efforts to restore Services promptly but is not liable for any losses or damages that result from service interruptions or downtime.
16. Indemnification
Users agree to indemnify, defend, and hold harmless Stirva, BrightEdge Enterprises Inc., and their respective officers, directors, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected to (a) the User’s use of the Services; (b) the User’s relationship with Customers; (c) the User Content; or (d) the User’s violation of these Terms or any applicable laws or regulations.
17. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, without regard to conflict of laws principles.
Any dispute arising under or relating to this Agreement shall first be submitted to binding arbitration in Ontario, administered in accordance with the Arbitration Act, 1991 (Ontario). The decision of the arbitrator shall be final and binding.
If arbitration is unsuccessful or unenforceable, the dispute shall be resolved exclusively in the courts of Ontario, which shall have jurisdiction over the matter.