Ovenward terms and merchant agreement

Ovenward is a brand and service operated by KED LLC, a limited liability company organized in Utah, with a mailing address at 34 Marcia Rd, Wilmington, MA 01887, United States. In these terms, “Ovenward,” “we,” and “us” mean KED LLC. Contact us at klay@kedapps.com.

These terms govern use of Ovenward websites, storefronts, accounts, and services. Sections 1 through 10 apply to all users. Sections 11 through 19 also apply when you create or manage a business account. The Privacy Notice explains how personal information is handled; separate messaging choices govern optional texts. A written agreement signed by KED LLC and a merchant controls where it expressly changes these terms.

Ovenward provides software for independent food businesses. The business identified on a storefront is the seller responsible for its products, descriptions, food preparation, fulfillment, and customer policies. KED LLC does not prepare the merchant's food. This allocation does not exclude a responsibility or customer right that applicable law assigns to KED LLC.

You must be at least 18 and able to enter a binding agreement to create an account. If you act for a business, you must have authority to bind that business. Ovenward is available only in the United States. Merchant businesses must operate in the United States and use the supported USD payment and pickup services. Provide accurate information, keep contact details current, and use only a phone number you control. Contact us promptly if your number changes or you suspect unauthorized access. Never give another person your verification code.

Phone verification establishes account access. It does not certify a merchant's licensing, food safety, payment eligibility, or identity beyond the verification actually performed. We may request additional information, limit risky activity, or suspend access for fraud, security, legal, or provider reasons. Employees and helpers must use the access assigned to them rather than sharing an owner's credentials.

Review the seller, items, quantities, ingredients and allergen information, pickup location and time, cancellation policy, taxes, and disclosed fees before paying. Ask the merchant about an allergy or ingredient concern before placing an order. Do not rely on a free-text note to guarantee an accommodation.

A cart or temporary inventory reservation is not a completed order. Holds can expire, and payment may require additional verification. Treat the order as confirmed when Ovenward displays its confirmed status. If a connection fails, check the existing order or payment status before submitting another order.

The merchant must provide the products and fulfillment it promises and address unavailable items, missed fulfillment, and product problems. Contact the merchant first for order changes or refunds; contact klay@kedapps.com for account or platform problems. Ovenward may assist with records and the available refund tools, but does not promise that a merchant will accept a voluntary cancellation outside its published policy.

Checkout shows the total to be authorized, including applicable taxes, selected tips, and any supported customer-paid fees. An optional tip is separate from merchandise. A merchant must disclose its cancellation, refund, and pickup policy before purchase. That policy cannot remove rights provided by applicable law.

When a refund is approved or legally required, the merchant is responsible for issuing the correct customer amount through the supported payment process. A platform fee that Ovenward retains from the merchant or a processing charge retained by Stripe is a merchant cost; it does not automatically authorize subtracting that amount from the customer's refund. Refund posting depends on the payment provider and financial institution. No specific posting time is guaranteed here.

Signing in, purchasing, or accepting these terms does not enroll you in optional marketing. Authentication codes, order texts, merchant drop alerts, and direct Ovenward text updates have separate purposes and choices where required. Consent for one merchant is not consent for another merchant. The Messaging Program Terms explain available opt-out commands and the effect of shared senders.

You can review order information in your account without relying on a text alert. Delivery can be delayed, filtered, or unavailable. Privacy choices for analytics are separate from messaging consent and do not change the rights described in the Privacy Notice.

You retain ownership of content you supply. You give KED LLC a nonexclusive license to host, copy, process, display, and transmit that content as needed to provide and protect the service and perform your instructions. This license does not transfer ownership of your business name, photos, or recipes. Any separate use of your identity or content in Ovenward advertising requires permission beyond routine storefront display.

Do not upload content you have no right to use, impersonate another person, submit fraudulent reviews or orders, distribute malicious code, or interfere with accounts or service security. Do not scrape private data, evade rate limits, access another business's information, or use customer information for an unauthorized purpose. Report suspected infringement or abuse to klay@kedapps.com with enough detail to identify the content.

We work to operate the service reliably, but uninterrupted access, every integration, and every provider outcome are not guaranteed. Available features depend on your plan, location, provider approval, and the features actually enabled for your account. Descriptions of planned features are not commitments to deliver them on a particular date.

We may maintain, change, or discontinue a feature and will give reasonable notice of a material change when practicable. Urgent security, legal, or provider action may require immediate restrictions. No service-level or response-time guarantee applies unless we expressly agree to one in writing.

You may stop using the service and contact klay@kedapps.com to request account closure. We may restrict or end use for a material breach, unlawful activity, credible security risk, or a provider requirement. Where safe and practicable, we will explain the restriction and provide a way to contact us about it.

Closing an account does not cancel an existing order, erase a refund obligation, or remove records that must be retained. Personal information is handled under the Privacy Notice and applicable law. We will not treat an account as erased merely because access is disabled.

Nothing in these terms excludes nonwaivable consumer rights or liability that applicable law does not allow a party to exclude. To the extent permitted by law, the service is provided as available, without implied warranties of merchantability, fitness for a particular purpose, or noninfringement. KED LLC does not warrant a merchant's food, fulfillment, or conduct.

For claims by a merchant acting for business purposes, KED LLC's aggregate liability arising from the service or these terms is limited to the greater of $1,000 or the Ovenward platform fees paid by that merchant during the 12 months before the event giving rise to the claim. Platform fees exclude the merchant's sales proceeds, tips, taxes, and Stripe or other third-party charges. To the extent permitted by law, neither party is liable to the other for indirect, incidental, special, or consequential damages or lost profits arising from this business relationship.

Those merchant limitations do not apply to fraud, gross negligence, willful misconduct, death or bodily injury caused by a party, a party's breach of its confidentiality or personal-data protection obligations, unpaid amounts properly owed under these terms, or customer funds or refunds a party is required to return. They do not waive or limit punitive damages where such a waiver or limit is prohibited, or any other liability that law does not permit a party to limit. The merchant liability cap and damages exclusions do not apply to consumers buying food for personal use.

Please contact klay@kedapps.com about a platform dispute. The parties will try in good faith to resolve it for 30 days after written notice, unless urgent relief or a legal deadline requires earlier action. This request does not waive a right to seek timely relief or suspend a legal filing deadline.

Utah law governs these terms, without its conflict-of-law rules, subject to mandatory protections of the law that otherwise applies. For merchant business disputes, the parties consent to the state courts in Salt Lake County, Utah, or, where federal jurisdiction exists, the United States District Court for the District of Utah. A consumer may use any court or procedure required to remain available by applicable law, and either party may bring an eligible claim in a court with small-claims jurisdiction. These terms do not require arbitration or waive class proceedings.

We identify the effective date and version of these terms. We will provide notice of material changes and obtain renewed agreement where required. Changes do not retroactively remove rights relating to completed orders. Where electronic acceptance is collected, we preserve the accepted document version and the actual acceptance record. A document effective date is separate from the date you accept it.

If a provision is unenforceable, the remaining provisions continue to the extent permitted by law. Failure to enforce a provision on one occasion is not a permanent waiver. No merchant may represent itself as KED LLC's agent or bind KED LLC without written authority.

As a merchant, you are responsible for your business, staff access, lawful products, permits and registrations, food preparation and storage, labeling, allergen disclosures, pickup arrangements, and accurate advertising. Requirements differ by location and product. Obtain appropriate advice and any required insurance; Ovenward does not certify your business merely by providing an account.

Publish accurate business and support information, lawful customer policies, and the fulfillment terms customers need before purchasing. Keep inventory and ordering windows accurate. Honor confirmed orders or promptly resolve failures, including any refund required by law or your policy. Do not use the platform for prohibited, recalled, adulterated, counterfeit, or otherwise unlawful goods.

Spark and Fire support self-service business setup where available. Blaze and Inferno require a separately approved arrangement. A new draft workspace remains private until the required activation steps are complete and the merchant publishes supported content. Payment and messaging access may require separate provider checks.

Payments are processed through the merchant's connected Stripe account, subject to the applicable Stripe terms and account configuration. You authorize the supported account connection, collection of the disclosed Ovenward platform fee, and processing actions you request through the service. Do not enter bank credentials or payment card details into ordinary notes or support messages.

Stripe controls its onboarding requirements, processing services, payment reviews, and payout timing. You must complete required information and keep the connected account in good standing. Refunds, disputes, fees, reserves, and negative balances are governed by the applicable Stripe arrangement; this agreement does not rewrite Stripe's obligations or guarantee a payout date.

You must accurately configure your business location, product tax categories, tax registrations, and pricing treatment, with appropriate professional advice. Automated calculation does not itself register, file, or remit tax on your behalf. Each party remains responsible for obligations imposed on it by law.

The percentage uses the authoritative merchandise subtotal before discounts and excludes tips, tax, and shipping. The fee is rounded to cents and capped at the merchandise amount remaining after discounts. Where a valid promotion waives a fee, its separately disclosed terms apply. A fully discounted merchandise amount does not fund a platform fee from the customer's tip.

Stripe processing and other applicable provider charges are separate. We do not promise that a published example rate equals every merchant's actual Stripe rate. Plan changes affect the transactions identified by the disclosed change terms; the saved fee for an existing order does not change retroactively.

You may absorb the Ovenward fee or use a supported, clearly disclosed customer-paid setting only where permitted. A payment-processing surcharge is separate from the Ovenward platform fee. Use either customer-paid setting only as permitted by applicable law, card-network rules, and your provider agreement; disclose all fees before the customer commits to purchase.

For a supported customer refund, Ovenward returns the plan percentage multiplied by the refunded customer amount, capped by the unreturned percentage portion of the original platform fee. The fixed $0.55 portion actually charged is nonrefundable to the merchant. Stripe's fee treatment is separate and may leave processing costs with the merchant.

For example, a $20 merchandise order on Spark has a $0.95 platform fee before any waiver or cap. A $10 customer refund returns $0.20 of that platform fee to the merchant; a full $20 refund returns the $0.40 percentage portion. The fixed $0.55 remains a merchant cost. This example has no tax, tip, shipping, discount, or customer-paid fee.

You are responsible for providing accurate refund instructions, maintaining adequate funds as required by your provider, and responding to payment disputes within the provider's deadlines. Do not mark an outside cash, Venmo, Zelle, or other unsupported tender as an Ovenward-paid order. The platform's records must reflect the actual supported payment outcome.

Use customer information only for the transaction, support, or separately authorized messaging purpose. Obtain and retain the consent required for each sender and purpose, including written consent where required. Do not buy lists, reuse one merchant's consent for another, treat imported phone numbers as marketing permission, or evade an opt-out.

Use only approved sender resources and enabled workflows. Spark and Fire use Ovenward-authored workflows on an approved shared sender where available; a dedicated number, free-form campaign, or two-way inbox is not included merely because a merchant can sign up. Shared-sender opt-outs can affect messages from more than one business. No plan guarantees delivery or overrides carrier, provider, consent, or suppression rules.

Spark includes 1,000 billable SMS segments per calendar month. At the limit, optional campaigns and drop reminders pause until the next period or an eligible upgrade. Fire messaging is available to active businesses subject to fair use; high-volume businesses without at least five paid orders in the preceding six months may have optional campaigns paused. Protected order and pickup workflows remain subject to consent, suppression, provider eligibility, and operational controls. Long or specially encoded messages can use several segments, and accepted segments can count even if final delivery fails.

No unapproved overage charge, registration charge, or paid upgrade is created by this agreement. Any additional paid service must have its price and authorization disclosed before purchase. We may restrict abuse, excessive noncommercial sending, unlawful content, or activity that threatens other merchants or service costs. Customers must retain a usable way to stop optional messages.

You must have the rights and permissions needed to upload business content, customer records, and any imported data. A customer import does not create marketing consent or cancel a prior suppression. You are responsible for verifying source permissions and preserving relevant consent and opt-out evidence.

Your staff may access only the businesses and functions assigned to them. Revoke access promptly when it is no longer needed. Do not place full card numbers, government identifiers, passwords, or unnecessary sensitive information in orders, customer notes, or messages.

When KED LLC processes personal information solely to provide the merchant's storefront, orders, customers, fulfillment, or enabled messaging workflows on the merchant's instructions, the merchant determines the business purpose and KED LLC acts as its service provider or processor to the extent applicable law uses those roles. KED LLC separately determines the purposes of platform account security, abuse prevention, its own billing and legal compliance, and platform operations described in the Privacy Notice.

The processing covers collection, storage, organization, access, transmission, correction, and deletion needed for the service. It concerns customers, prospective customers, merchant owners, staff, and support contacts. Information can include contact details, account and order references, products ordered, pickup details, order notes, payment status, consent and suppression records, communications, and limited usage or security information. The parties do not authorize unnecessary sensitive data collection through ordinary notes.

KED LLC will process merchant-controlled personal information on documented instructions reflected in this agreement, the configured service, and supported requests, except where law requires otherwise. It will not sell that information, use it for unrelated advertising, or combine it across merchants for an unrelated purpose. It will require confidentiality and appropriate access controls for authorized personnel and reasonable technical and organizational safeguards suited to the information.

The merchant authorizes use of service providers needed for hosting, authentication, payments, messaging, and support, subject to appropriate contractual protections. Google/Firebase, Stripe, and Twilio are material providers for their respective services; some act under their own independent terms. The Privacy Notice describes the provider categories and data uses. We will give merchants reasonable advance notice of a new material processor where required. Contact klay@kedapps.com with a data-protection objection so we can review an available alternative or termination of the affected service. Providers may process information outside the United States, subject to the safeguards required by applicable law.

KED LLC will reasonably assist with verified rights requests, security inquiries, and compliance information relating to its processing. It will notify the merchant without undue delay after confirming unauthorized access to merchant-controlled personal information, provide available relevant information, and cooperate with legally required responses. We will provide notices through the merchant's current contact information and comply with any shorter deadline or broader notification duty imposed by applicable law. Contact klay@kedapps.com for incident coordination.

On termination or a valid deletion instruction, KED LLC will provide supported return or deletion assistance, subject to lawful retention, suppression records, security needs, unresolved payments, and backup lifecycle limits. The Privacy Notice describes the retention criteria and request process. Retained information remains protected and restricted to the reason for retention. Data in backups is handled through the applicable backup lifecycle and is not returned to ordinary use after a valid deletion instruction. The merchant remains responsible for its own exported copies and legal obligations. The parties will provide additional processor terms or transfer safeguards when required by applicable law. Nothing here authorizes unsupported international merchant operations.

To the extent caused by the merchant, the merchant will indemnify KED LLC for third-party claims arising from the merchant's unlawful products, infringement in its content, material breach of these terms, or unlawful use of customer data. This obligation excludes the portion caused by KED LLC's breach, negligence, or misconduct and remains subject to applicable law and the limitations that apply under section 9.

KED LLC must promptly notify the merchant of a covered claim and reasonably cooperate. The merchant may control the defense with qualified counsel acceptable to KED LLC, and KED LLC may participate at its own expense. A delayed notice reduces the obligation only to the extent it materially prejudices the defense. A settlement may not impose an admission, nonmonetary obligation, or uncovered payment on KED LLC without its written consent, which will not be unreasonably withheld. If the merchant fails to provide a timely defense, KED LLC may reasonably defend the claim and seek covered costs. Before closing, stop accepting new orders, resolve fulfillment and refunds, remove unneeded staff access, and request any supported records you need. Closure does not transfer ownership of a merchant's connected Stripe account to Ovenward. Existing provider obligations continue under the applicable provider contract.

When you agree electronically, you confirm that you are authorized to act for the business and agree to these Terms and Merchant Agreement. The Privacy Notice explains our handling of information. Optional SMS and analytics choices are separate and are not included in agreement to these terms.