Seller Platform Agreement
This Seller Platform Agreement ("Agreement") is between Cakesify Systems Private Limited ("Cakesify", "we", "us"), incorporated under the Companies Act 2013, CIN U62099KL2026PTC099825, Wayanad, Kerala, India, and you, the individual or entity registering as a Seller on cakesify.com ("Seller", "you").
By completing registration, activating your storefront, or using any Cakesify feature, you confirm that you have read and agree to this Agreement in full. If you do not agree, do not register.
| Platform | The Cakesify SaaS commerce infrastructure, including cakesify.com, the seller dashboard, APIs, and all associated software and services provided by Cakesify. |
| Technology Service Provider / TSP | Cakesify's role as a software and infrastructure provider that enables Sellers to create storefronts, manage listings, receive orders, use payment gateway integrations, and access related tools, without Cakesify becoming the seller, owner, manufacturer, preparer, or fulfiller of the Seller's products. |
| Seller Storefront | The individually branded subdomain (e.g., yourname.cakesify.com), or a mapped custom domain where supported, provisioned to the Seller on the Platform. |
| Seller | Any independent food business, including home-based sellers, bakers, tiffin and cloud kitchen operators, caterers, and other licensed or registered food operators, that registers on the Platform to sell food products through a Seller Storefront. |
| Buyer | Any end customer who purchases food products through a Seller Storefront. |
| Subscription Fee | The recurring fee paid by the Seller to Cakesify for access to Platform infrastructure and services. |
| Platform Service Fee | A fee charged by Cakesify for the use of Platform infrastructure, order processing tools, payment gateway integration, seller dashboard, storefront hosting, and related technology services. This may be charged as a fixed subscription, a percentage-based transaction service fee, or any other fee disclosed to the Seller. |
| Products | Any food items, homemade goods, or food-related products listed and sold by the Seller on the Seller Storefront. |
| Content | All text, images, descriptions, pricing, and other material uploaded or provided by the Seller, including AI-assisted content. |
| AI Tools | Artificial intelligence features provided or integrated within the Platform for product photography, listing generation, or other seller assistance. |
| FSSAI | Food Safety and Standards Authority of India, or the applicable food regulatory authority in the Seller's jurisdiction. |
| DPDP Act | The Digital Personal Data Protection Act, 2023 (India) and the Digital Personal Data Protection Rules, 2025, as amended from time to time. |
| Applicable Laws | All laws, regulations, rules, and guidelines applicable to the Seller's jurisdiction, including Indian laws and, where relevant, international laws. |
| Intellectual Property | All patents, trademarks, service marks, copyrights, trade secrets, and other proprietary rights. |
| Force Majeure | Any event beyond the reasonable control of either party, including acts of God, government restrictions, pandemics, or internet disruptions. |
Cakesify is a technology service provider and software-as-a-service platform that enables independent food businesses to create and operate their own online storefronts. Cakesify provides storefront infrastructure, seller dashboard tools, order management features, payment gateway integrations, AI-assisted listing tools, and related technology services.
Cakesify is not the seller, manufacturer, food preparer, packer, delivery provider, merchant of record, agent, franchise partner, or owner of any products listed or sold by Sellers through their Seller Storefronts, unless expressly agreed in a separate written agreement.
The Seller is the Food Business Operator, merchant of record, product owner, price setter, fulfiller, and customer-facing seller for all products listed on the Seller Storefront. The contract for sale of any product is formed solely between the Seller and the Buyer.
Cakesify does not take title to any product, does not independently verify the quality or safety of food products, does not guarantee delivery or fulfilment, and does not promise sales, orders, enquiries, visibility, or revenue to the Seller.
Notwithstanding the above, where Applicable Laws impose obligations on Cakesify as a technology platform, e-commerce entity, payment facilitator, Data Fiduciary, intermediary, or food e-commerce platform (including the Consumer Protection (E-Commerce) Rules, 2020 and applicable FSSAI directions), Cakesify may take such actions as are necessary to comply with law, including suspension, delisting, refund assistance, grievance handling, regulatory reporting, or requesting compliance documents from Sellers, without prejudice to the Seller's own compliance duties.
Subject to this Agreement and payment of applicable fees, Cakesify shall provide:
- A branded subdomain Seller Storefront hosted on the Cakesify platform.
- A seller dashboard for product management, order management, and analytics.
- Payment processing integration (Razorpay within India; Stripe or equivalent for international operations).
- Customer-facing order placement, tracking, and communication tools.
- Access to AI Tools for product listing and image assistance, subject to Section 5.
- Technical support during defined support hours.
- Access to platform updates and new features as released.
Cakesify reserves the right to modify, discontinue, or update any service feature with reasonable prior notice, except in cases requiring urgent action to protect platform security or comply with law.
Cakesify facilitates payment collection through integrated payment gateways (including Razorpay and Stripe) solely as a technology intermediary. Cakesify does not act as the merchant of record for any transaction unless explicitly stated in a separate written agreement. The merchant of record for all product sales is the Seller. The contract for sale of any product is formed solely between the Seller and the Buyer.
Cakesify may support custom domain mapping where technically available. The Seller remains responsible for purchasing, renewing, and maintaining ownership of any custom domain unless otherwise agreed in writing. Cakesify is not responsible for domain expiry, DNS misconfiguration, third-party registrar issues, or loss of domain access caused by the Seller or registrar.
Cakesify shall make commercially reasonable efforts to maintain platform uptime. Cakesify does not guarantee uninterrupted service and shall not be liable for downtime caused by scheduled maintenance, Force Majeure events, or third-party infrastructure failures. Scheduled maintenance will be communicated at least 24 hours in advance wherever feasible.
To register as a Seller on the Platform, you must:
- Be at least 18 years of age, or the applicable age of majority in your jurisdiction.
- Have the legal capacity to enter into binding contracts.
- Operate a legitimate independent food business, including a home-based, licensed, or registered food operation.
- Hold or be in the process of obtaining all required licences and registrations under Applicable Laws (including FSSAI registration in India).
- Provide accurate, current, and complete registration information.
You are solely responsible for maintaining the confidentiality of your account credentials. You agree to notify Cakesify immediately upon becoming aware of any unauthorised access to your account. Cakesify shall not be liable for losses arising from unauthorised account access resulting from your failure to maintain account security.
The Platform currently operates on an invite-only model. Registration is subject to Cakesify's approval at its sole discretion. Acceptance of a registration does not imply endorsement of the Seller or their Products.
The Seller shall, at all times during the term of this Agreement:
- Maintain valid FSSAI registration or licence (for Sellers operating in India) and comply with all standards under the Food Safety and Standards Act, 2006.
- Comply with all applicable food safety, hygiene, and labelling laws in their jurisdiction.
- Display accurate allergen, ingredient, and nutritional information as required by law.
- Not sell expired, adulterated, or unsafe food products.
- Obtain and maintain all other permits, registrations, and licences required by municipal, state, or national authorities.
Cakesify reserves the right to request copies of valid licences at any time. Failure to produce valid licences within the stipulated period shall constitute grounds for suspension or termination of the Seller Storefront.
Where Cakesify is required to obtain registration or licence as an e-commerce Food Business Operator under applicable FSSAI laws, Cakesify shall maintain such registration or licence. Each Seller shall provide Cakesify with valid FSSAI registration or licence details before selling food products through the Platform and shall ensure that such details are accurate, current, and displayed on the Seller Storefront wherever required by law. The Seller acknowledges that it is the Food Business Operator responsible for the preparation, packaging, labelling, quality, safety, and delivery of its food products. Any registration, licence, disclosure, or compliance action undertaken by Cakesify as a platform or technology provider shall not make Cakesify the Food Business Operator responsible for the Seller's Products.
The Seller shall ensure that all product listings on the Seller Storefront:
- Accurately describe the Products, including ingredients, allergens, portion size, and price.
- Use original photographs, properly licensed images, or AI-generated images reviewed and approved by the Seller prior to publishing.
- Do not misrepresent the quality, freshness, origin, or nature of Products.
- Are not for prohibited, regulated, or illegal items (including alcohol, narcotics, or prescription items).
- Comply with applicable advertising and labelling standards.
The Seller is solely responsible for all aspects of order fulfilment and delivery, including:
- Delivery availability, delivery radius, and delivery timelines as advertised to Buyers.
- Delivery fees, packaging, labelling, and food safety during transit.
- Pickup options and associated logistics, where offered.
- Proactive communication with Buyers in the event of delays, cancellations, or product unavailability.
- Maintaining adequate production capacity for publicly listed Products.
- Honouring accepted orders and processing refunds promptly where fulfilment is not possible.
Unless Cakesify separately provides and documents an integrated third-party delivery service for the Seller's account, Cakesify bears no responsibility for delivery, logistics, or fulfilment of any order placed through a Seller Storefront.
The Seller is solely responsible for collecting, reporting, and remitting all applicable taxes, including Goods and Services Tax (GST) where applicable under the Central Goods and Services Tax Act, 2017. Cakesify does not provide tax, legal, or accounting advice. Platform transaction data is provided for informational purposes only.
The Seller shall NOT:
- List or sell any product that violates Applicable Laws, including alcohol, tobacco, narcotics, or infringing products.
- Engage in fraudulent, deceptive, or misleading practices with Buyers.
- Move orders initiated, placed, or confirmed through the Platform outside the Platform for the purpose of avoiding applicable Platform fees. This does not restrict the Seller from independently operating its own offline, social media, WhatsApp, or other sales channels outside Cakesify.
- Upload or transmit malicious code, spam, or automated bots.
- Use another Seller's branding, images, or intellectual property without authorisation.
- Publish AI-generated listings or images without reviewing them for accuracy, safety, and regulatory compliance.
- Engage in any activity that disrupts or impairs Platform operations.
The Seller acknowledges that it is solely responsible for operating its food business, including food preparation, hygiene, packaging, labelling, pricing, licences, FSSAI registration or licence, GST compliance where applicable, delivery, customer communication, refunds relating to fulfilment failure, and all representations made to Buyers.
The Platform may offer AI Tools to assist Sellers in generating product photographs, listing descriptions, and other content. Use of these AI Tools is subject to the following conditions.
When using AI Tools, the Seller confirms that:
- All images, text, and other inputs submitted to AI Tools are owned by the Seller or properly licensed for this purpose.
- The Seller has not uploaded images belonging to third parties without permission.
- The Seller grants Cakesify the right to process submitted inputs through AI Tools solely to generate outputs for the Seller's storefront.
The Seller must review all AI-generated content before publishing it on the Seller Storefront. By publishing any AI-generated content, the Seller confirms that:
- The content accurately describes the product, including ingredients, allergens, and appearance.
- The content complies with all applicable food labelling, advertising, and safety laws.
- The content does not mislead Buyers about the nature, quality, or characteristics of the product.
Regardless of whether content was AI-generated or manually created, the Seller remains solely responsible for all content published on their Seller Storefront. Cakesify shall not be liable for any claim, complaint, or regulatory action arising from published AI-generated content that was inaccurate, misleading, or non-compliant.
The Seller grants Cakesify the right to process uploaded images and text through AI systems to generate product listings, photographs, and other assets for use on the Seller's Storefront. Cakesify does not use Seller-submitted content to train AI models for third-party purposes without separate written consent.
The Seller agrees to pay the applicable Subscription Fee as communicated by Cakesify at the time of onboarding and as updated from time to time. Current pricing is communicated during onboarding, displayed in the Seller dashboard, or published on the Platform. Cakesify shall provide at least 30 days' written notice prior to any change in Subscription Fees.
Cakesify may charge a transaction-linked service fee for orders processed using the Platform. The applicable fee shall be disclosed to the Seller during onboarding and/or reflected in the seller dashboard. Such fee is charged for use of Cakesify's technology infrastructure and does not make Cakesify the seller, agent, merchant of record, or owner of the Seller's products. Platform Service Fees may be deducted automatically through the integrated payment gateway or invoiced separately, as disclosed to the Seller.
Payments processed through Razorpay (India) or Stripe (international) are subject to payment gateway transaction fees, borne by the Seller unless otherwise agreed in writing. Cakesify is not responsible for payment gateway outages, failed transactions, or chargebacks.
Net proceeds (after deduction of Platform Service Fees and payment gateway fees) shall be settled to the Seller's registered bank account per the settlement schedule configured in the payment gateway. Cakesify may instruct or request the payment gateway to hold, reverse, adjust, or delay settlement to the extent permitted under the payment gateway's terms, applicable payment regulations, chargeback rules, fraud prevention requirements, or Applicable Law.
The Seller is primarily responsible for managing customer refunds. Cakesify may facilitate or initiate refunds through the payment gateway in cases of payment disputes, chargebacks, duplicate payments, failed transactions, platform-level errors, fraud risk, regulatory direction, or requirements under Applicable Law. Where the refund arises from the Seller's product, fulfilment, cancellation, delivery failure, or breach of this Agreement, Cakesify may recover the corresponding amount from future Seller payouts to the extent permitted by the payment gateway's terms and Applicable Law. The Seller consents to such deductions.
In the event of non-payment of Subscription Fees beyond the applicable grace period, Cakesify reserves the right to suspend the Seller Storefront without liability. Continued non-payment may result in termination of this Agreement.
All Intellectual Property in the Cakesify platform, including software, technology, trademarks (including the name "Cakesify" and the Cakesify logo), user interfaces, APIs, and documentation, is the exclusive property of Cakesify Systems Private Limited. No licence or right is granted to the Seller in respect of Cakesify's Intellectual Property except as expressly provided in this Agreement.
The Seller retains full ownership of all Content uploaded to the Seller Storefront. By uploading Content, the Seller grants Cakesify a non-exclusive, royalty-free, worldwide licence to use, display, and reproduce such Content solely for the purpose of operating and promoting the Platform and the Seller's Storefront.
Cakesify does not claim ownership over the Seller's brand, products, or customer relationships. The Seller is free to export their data and transition off the Platform at any time, subject to the exit provisions of this Agreement.
Any feedback, ideas, or feature requests provided by the Seller to Cakesify may be used by Cakesify freely without any obligation or compensation to the Seller.
Cakesify collects and processes personal data in accordance with the Digital Personal Data Protection Act, 2023 (India) and the Digital Personal Data Protection Rules, 2025. Cakesify's Privacy Policy, available at cakesify.com/privacy, sets out the nature, purpose, legal basis, consent, notice, and permitted uses for the processing of personal data, including breach handling, grievance access mechanisms, and data principal rights, including the timeline for responding to data principal requests.
Cakesify collects Seller data (including business registration information, bank details, and operational data) necessary for the provision of Platform services. Cakesify shall not sell Seller data to third parties. Data may be shared with payment gateways, compliance authorities, or as required by law.
For Buyer data processed for order fulfilment, the Seller is responsible for the lawful use of such Buyer data for fulfilment, support, and permitted business communication. The Seller shall not use Buyer data for unsolicited marketing, profiling, or commercial sharing with third parties without the Buyer's explicit consent.
Cakesify may process Buyer and Seller data as a Data Fiduciary for platform operations, security, payments, compliance, analytics, support, and legal obligations, and as a Data Processor where it processes data on the documented instructions of the Seller for the Seller's storefront operations. The respective roles of the parties are described further in Cakesify's Privacy Policy.
Where Cakesify expands operations internationally, data processing and storage may be subject to the laws of the relevant jurisdiction. Cakesify shall implement appropriate safeguards (such as Standard Contractual Clauses under GDPR, or equivalent mechanisms) to protect cross-border data transfers.
Upon termination, the Seller may request an export of their data within 30 days. After this period, data may be deleted in accordance with Cakesify's data retention policy, subject to any mandatory statutory retention obligations.
The Seller represents and warrants that:
- All registration information is accurate, complete, and will be kept up to date.
- The Seller holds all required licences, including FSSAI registration (where applicable), and will maintain them throughout the term of this Agreement.
- The Seller's Products and operations comply with all Applicable Laws.
- The Seller Content does not infringe any third-party Intellectual Property rights.
- The Seller has full authority to enter into and perform this Agreement.
- The Seller's food products are safe for human consumption and prepared in hygienic conditions.
- All images uploaded to the Platform (including inputs to AI Tools) are owned by the Seller or properly licensed.
Cakesify represents and warrants that it is duly incorporated, has the authority to provide the Platform services, and will handle Seller and Buyer data in compliance with Applicable Laws.
Cakesify is a technology infrastructure provider and is not responsible for the quality, safety, fitness for purpose, or legality of any Product sold by a Seller, or for the delivery, logistics, or packaging of any order. As between Cakesify and the Seller, the Seller shall be responsible for liability arising from its Products, food safety practices, fulfilment, packaging, delivery, product information, and regulatory compliance, except to the extent such liability arises from Cakesify's own breach of this Agreement, wilful misconduct, gross negligence, platform error, or obligations that cannot be excluded under Applicable Law.
Cakesify is not liable for any loss, claim, or regulatory action arising from inaccurate, misleading, or non-compliant AI-generated content that the Seller published on their Storefront. The Seller's review and publication of AI-generated content is made at the Seller's own risk and responsibility.
To the maximum extent permitted by Applicable Law, Cakesify's aggregate liability to the Seller under this Agreement for any cause of action shall not exceed the total Subscription Fees paid by the Seller in the three (3) months immediately preceding the event giving rise to the claim.
Cakesify shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profit, loss of data, loss of goodwill, or business interruption, even if Cakesify has been advised of the possibility of such damages.
Cakesify is not liable for the acts, omissions, or failures of third-party services integrated into the Platform (Razorpay, Stripe, Meta, WhatsApp, etc.). The Seller's use of such services is governed by the respective third-party terms of service.
The Seller shall indemnify, defend, and hold harmless Cakesify, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
- The Seller's breach of any representation, warranty, or obligation under this Agreement.
- Any food safety incident, product liability claim, or consumer complaint arising from the Seller's Products.
- The Seller's violation of Applicable Laws, including FSSAI, GST, and consumer protection laws.
- Any third-party claim arising from the Seller's Content, including AI-generated content published by the Seller.
- Any delivery failure, packaging defect, or logistics dispute arising from orders placed through the Seller's Storefront.
- Unauthorised access to the Seller's account due to the Seller's negligence.
This Agreement commences on the date of Seller registration and continues until terminated by either party in accordance with this Section.
The Seller may terminate this Agreement at any time by providing 30 days' written notice to Cakesify at support@cakesify.com. The Seller remains liable for any outstanding Subscription Fees or charges accrued prior to termination.
- With 30 days' notice, for any reason at Cakesify's discretion.
- Immediately, upon the Seller's material breach of this Agreement (including food safety violations, fraudulent activity, or abusive conduct).
- Immediately, upon the Seller's insolvency, winding up, or suspension of business.
- Immediately, where required to comply with a legal or regulatory obligation.
- The Seller Storefront shall be deactivated.
- All pending payouts shall be settled within 30 business days after resolution of outstanding disputes.
- The Seller may request an export of their data within 30 days of termination.
- Provisions relating to indemnification, limitation of liability, governing law, and dispute resolution shall survive termination.
Cakesify reserves the right to suspend the Seller Storefront, with or without prior notice, in the following circumstances:
- Non-payment of Subscription Fees beyond the grace period.
- Receipt of multiple valid consumer complaints relating to food safety or delivery.
- Reasonable suspicion of fraudulent activity or misuse of the Platform.
- Direction of any government or regulatory authority.
- Breach of this Agreement, pending investigation.
Cakesify shall endeavour to notify the Seller of a suspension and its reasons. The Seller shall have an opportunity to remedy the default, if remediable, within 7 days. If the default is not remedied, Cakesify may proceed to termination.
This Agreement shall be governed by and construed in accordance with the laws of India. The parties submit to the exclusive jurisdiction of the courts located in Wayanad, Kerala, India.
Cakesify operates on an India-first basis. Where Cakesify separately enables Sellers outside India, additional jurisdiction-specific terms may apply. Sellers outside India are responsible for complying with local food safety, tax, consumer protection, and data protection laws applicable to their business.
For international Sellers, where there is a conflict between Indian law and the law of the Seller's jurisdiction on a consumer-facing matter, the Seller's local law shall prevail to the extent required by mandatory local law. For all other matters, Indian law applies.
In the event of a dispute, the parties shall first attempt to resolve the matter through good-faith negotiations. Either party may initiate this process by sending written notice to the other.
If the dispute is not resolved within 30 days of written notice, either party may refer it to mediation. For Indian Sellers, mediation shall be conducted in Wayanad, Kerala, under the Mediation Act, 2023.
If mediation fails, the dispute shall be referred to binding arbitration under the Arbitration and Conciliation Act, 1996 (India), by a sole arbitrator mutually appointed by the parties, conducted in English at Kochi, Kerala. For disputes involving international parties, the UNCITRAL Arbitration Rules shall apply with the seat of arbitration at Kochi, India.
Nothing in this Clause restricts a Buyer's right to file a complaint before the appropriate Consumer Disputes Redressal Commission under the Consumer Protection Act, 2019.
The Seller agrees to comply with the Consumer Protection Act, 2019 (India) and the Consumer Protection (E-Commerce) Rules, 2020, including:
- Providing accurate product information and pricing on the Seller Storefront.
- Honouring return, refund, and exchange policies as disclosed to Buyers.
- Acknowledging consumer grievances within 48 hours and resolving them within 15 business days where reasonably possible, and in any event within the period prescribed under Applicable Law.
- Not engaging in unfair trade practices or misleading advertisements.
Cakesify maintains a Grievance Officer for consumer complaints that cannot be resolved at the Seller level. This does not substitute the Seller's individual obligation to address consumer complaints directly and in the first instance. Sellers acknowledge that Cakesify may be required under Applicable Law to respond to, investigate, or act on consumer complaints even where the issue originates from the Seller's products, conduct, or fulfilment failures.
C/O Ouseph M.M, Maravattickal House
Meenangadi, Wayanad, Sulthan Bathery
Kerala, India – 673591
This Agreement, together with Cakesify's Privacy Policy and any schedules or addenda, constitutes the entire agreement between the parties and supersedes all prior agreements, representations, and understandings.
Cakesify may amend this Agreement by publishing a revised version on the Platform with a minimum of 15 days' notice. Continued use of the Platform after the effective date of any amendment constitutes acceptance. If the Seller does not agree to an amendment, the Seller may terminate the Agreement as per Clause 12.2.
If any provision is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Failure by either party to enforce any provision shall not be construed as a waiver of the right to enforce such provision in the future.
The Seller may not assign or transfer this Agreement without Cakesify's prior written consent. Cakesify may assign this Agreement to a successor entity without Seller consent, provided the successor assumes all obligations under this Agreement.
Neither party shall be liable for delay or failure to perform obligations caused by a Force Majeure event, provided the affected party notifies the other promptly and takes reasonable steps to mitigate the impact.
All notices shall be in writing and delivered by email (with acknowledgement) or registered post. Notices to Cakesify: support@cakesify.com. Notices to the Seller: the email address registered on the Platform.
This Agreement is executed in English. In the event of any translation, the English version shall prevail.
Nothing in this Agreement creates a partnership, joint venture, agency, employment, or franchise relationship between Cakesify and the Seller. The Seller operates as an independent business. Cakesify provides commerce infrastructure services only.
The following Cakesify policies are incorporated into this Agreement by reference, as made available on the Platform from time to time. In the event of conflict, this Agreement shall prevail.
| Policy | Reference |
|---|---|
| Privacy Policy | cakesify.com/privacy |
| Terms and Conditions | cakesify.com/terms |
| Refund and Cancellation Policy | cakesify.com/refunds |
| Acceptable Use Policy | cakesify.com/aup |
| AI Tools Usage Policy | cakesify.com/ai-policy |
Sellers accept this Agreement electronically during onboarding by checking the acceptance box and activating their storefront. By doing so, the Seller: (a) confirms that they are authorised to bind themselves or the entity they represent; (b) acknowledges that they have read and understood this Agreement in full; and (c) agrees to be legally bound by all terms contained herein.
Acceptance is recorded with a timestamp and the Seller's registered email address and constitutes a binding electronic signature under the Information Technology Act, 2000 (India) and equivalent laws in the Seller's jurisdiction. A copy of the accepted Agreement is sent to the Seller's registered email address.
support@cakesify.com · grievances@cakesify.com · cakesify.com