These policies are being finalised and are not yet in force. This is a draft published for review.

Legal

Terms of Service

Version 1.0 · Last updated not yet in force

These Terms of Service ("Terms") govern your access to and use of the Spattoo platform, websites, baker storefronts, the 3D cake designer, and related applications and services (together, the "Platform"). The Platform is operated by FEELINGS&FLAVOURS (OPC) PRIVATE LIMITED, an entity incorporated in India, GSTIN 36AAGCF5256J1ZD, with its registered office at VILLA NO 21,LIBDOM VILLAS, GANDHAMGUDA,PERENCHERUVU, Hydershahkote, Golconda, Hyderabad- 500091,Telangana ("Spattoo", "Company", "we", "us", "our").

By accessing or using the Platform, you agree to these Terms. If you do not agree, do not use the Platform. Please also read our Privacy Policy, Refund & Cancellation Policy, and Grievance & Contact, which are incorporated into these Terms by reference.

Definitions

  • "Baker" — a bakery, business, or individual that subscribes to Spattoo to operate a branded storefront and use the cake designer to serve its own customers.
  • "Customer" or "End Customer" — a person who visits a Baker's storefront, uses the designer, and/or requests a quote or order for a cake from that Baker.
  • "User", "you" — any person who accesses or uses the Platform, whether a Baker or an End Customer.
  • "Cake" or "Products" — the physical baked goods and related items made and sold by a Baker to its Customers.
  • "Design" — a digital, three-dimensional visual representation of a cake created using the designer.
  • "Content" — any text, images, photographs, designs, logos, graphics, or other material uploaded, submitted, created, or displayed on the Platform.
  • "Credits" — the unit used to meter a Baker's use of certain AI-assisted features. Credits are not money and have no cash value; see Section B8.

Part A — Terms That Apply to Everyone

1. What Spattoo Is — and Is Not

1.1. Spattoo is a technology platform. We provide software that lets Bakers create branded online storefronts and lets Customers visualise and request cakes using a 3D designer.

1.2. In its role as operator of the Platform, Spattoo acts solely as a technology provider. In respect of any Cake offered by a Baker through the Platform, Spattoo does not bake, make, prepare, cook, decorate, package, sell, handle, store, transport, or deliver that Cake, and does not act as its baker, food business operator, caterer, seller of goods, or delivery service, nor does it own, inspect, or take custody of it at any time. Except where the Company itself acts as a Baker (see Section 1.5), every Cake offered through the Platform is sold by the relevant Baker, not by Spattoo.

1.3. Spattoo is an intermediary only. Where a Customer requests, quotes, or orders a Cake through a Baker's storefront, the resulting transaction is a contract solely between that Baker and that Customer. In its role as operator of the Platform, Spattoo is not a party to that contract, is not the buyer or seller, and has no responsibility or liability for its formation, performance, quality, safety, price, fulfilment, cancellation, or dispute.

1.4. Any information, listing, price, quote, image, availability, or description shown on a Baker's storefront is provided by that Baker, not by Spattoo. Spattoo does not verify, endorse, or guarantee it.

1.5. The Company also operates its own bakery. FEELINGS&FLAVOURS (OPC) PRIVATE LIMITED, which operates Spattoo, also carries on its own bakery business and may itself use the Platform as a Baker to offer its own Cakes. Where it does so, it acts in its separate capacity as a Baker — the seller and food business operator for those Cakes — and is subject to Part B and all Baker obligations, exactly like any other Baker. This is distinct and separate from its role as operator of the Platform. References in these Terms to Spattoo's role, disclaimers, and limitations as Platform operator concern only that operator role; they do not apply to, reduce, or excuse the Company's responsibilities and liabilities when it acts as a Baker selling its own Cakes.

1.6. Bakers join the Platform on their own initiative, and Spattoo does not verify them. Each Baker chooses to sign up to and use the Platform of its own accord. Spattoo does not verify, vet, or confirm any Baker's physical existence, identity, address, ownership, genuineness, or the truth of the details a Baker provides, and does not endorse or guarantee any Baker. A Baker's presence on the Platform means only that the Baker chose to use Spattoo's technology; it is not a representation by Spattoo that the Baker is real, genuine, trustworthy, or lawfully operating. Spattoo provides the Platform only, and any dealing with a Baker is undertaken at your own risk.

2. Eligibility and Acceptance

2.1. You must be at least 18 years old and legally capable of entering into a binding contract under the Indian Contract Act, 1872 to use the Platform. If you are using the Platform on behalf of a business or other entity, you represent that you are authorised to bind that entity to these Terms.

2.2. The Platform is intended for users in India. You are responsible for complying with all laws applicable to you.

2.3. By using the Platform you confirm that the information you provide is true, current, and complete, and that you will keep it updated.

3. Key Disclaimers — Please Read Carefully

These disclaimers are central to how Spattoo operates. By using the Platform you accept all of them.

3.1. Spattoo does not bake the cakes Bakers sell — quality is the Baker's responsibility.

Every Cake offered through the Platform is made entirely by the Baker, using the Baker's own recipes, ingredients, equipment, staff, and premises. The taste, quality, freshness, appearance, size, weight, structure, and workmanship of any Cake are the sole responsibility of the Baker, and not of Spattoo in its role as Platform operator. Spattoo makes no representation or warranty about any Cake offered through the Platform.

3.2. A Design is a visual reference only — the real cake may differ.

A Design created in the 3D designer is an artistic, illustrative visualisation — a reference to help communicate an idea. It is not a technical specification, a photograph, or a promise of the finished product. The actual Cake delivered by a Baker may differ, sometimes significantly, from the Design — including in colour, shade, tone, proportion, dimensions, texture, finish, decoration, arrangement, edibility of decorative elements, and overall appearance. Such differences depend on the Baker's skill, technique, tools, ingredients, and interpretation, and are normal and expected. Spattoo does not guarantee that any Cake will match its Design.

3.3. Food safety is the Baker's responsibility.

Because Spattoo, as operator of the Platform, does not make or handle the Cakes offered by Bakers, Spattoo is not responsible for the food safety, hygiene, ingredients, preparation, storage, or fitness for consumption of any Cake offered through the Platform. Compliance with all applicable food-safety laws — including registration or licensing under the Food Safety and Standards Act, 2006 (FSSAI) and rules made under it, labelling, and hygiene standards — is the sole responsibility of the Baker. This is not changed by anything an AI feature suggests: see Section 7.1.

3.4. Allergens and dietary requirements — you must still confirm with the Baker directly.

The Platform lets you record a dietary or allergen requirement — for example eggless, vegan, Jain, nut-free, gluten-free, or dairy-free — on a quote or order, and passes what you record to the Baker. That feature carries your message; it does not check anything:

  • You state the requirement. What is recorded is your own statement of what you require, exactly as it would be if you had written it in a note, sent it by message, or said it on a call. Recording it does not make it a statement by Spattoo.
  • The Baker decides and confirms. Whether a Cake can be made to meet a requirement, and whether it in fact was, is entirely for the Baker, using the Baker's own recipes, ingredients, equipment, staff, and premises (Sections 3.1 and 3.3).
  • Spattoo records; it does not verify. Spattoo does not verify, check, test, certify, or represent the ingredients, allergens, risk of cross-contamination, or nutritional content of any Cake, and does not represent that anything you record has been received, read, accepted, or acted on. Recording a requirement is not a confirmation by Spattoo, or by the Baker, that it will be met.

Recording a requirement on the Platform is not a substitute for speaking to the Baker. If you have any allergy, intolerance, medical, religious, or dietary requirement, you must confirm ingredients and suitability directly with the Baker before ordering or consuming any Cake. Spattoo accepts no liability for any allergic reaction, illness, injury, or harm arising from the consumption of a Cake, or from any requirement you record not being received, read, accepted, or met.

3.5. We do not deliver.

Spattoo does not make, pack, dispatch, deliver, or arrange delivery or logistics of any Cake. Fulfilment — including pickup, delivery, timing, condition on arrival, and any associated charges — is arranged solely between the Baker and the Customer. Spattoo has no involvement in and no liability for fulfilment or delivery.

3.6. Pricing and quotes are set by the Baker.

All prices, quotes, advances, and charges for a Cake are set entirely by the Baker. Spattoo does not set, control, recommend, or guarantee any price and is not responsible for pricing errors, changes, or disputes.

3.7. Payment for a Cake is directly between Customer and Baker.

Spattoo does not process, collect, hold, escrow, or refund any payment for a Cake. Any advance or payment for a Cake is arranged and made directly between the Customer and the Baker, outside the Platform. Spattoo is not a payment agent, escrow agent, or guarantor for any Cake transaction. (This is separate from Baker subscription payments to Spattoo, which are covered in Part B.)

3.8. Flavour and design suggestions are suggestions — not advice, and never a safety statement.

The Platform may suggest a flavour, a size, a design, or a template — for example when you ask it to help you choose a flavour — and may show a short reason for the suggestion. Any such suggestion is a convenience only:

  • It is a general guess, not advice. A suggestion is produced automatically from limited, general information — such as the occasion, roughly who the Cake is for, the time of year, and which flavours the Baker offers — together with general assumptions about what people commonly choose. It is not a professional, dietary, nutritional, medical, or culinary recommendation, it is not tailored to you, and it is not a statement about any particular Cake.
  • Spattoo does not know what is in a Cake. A suggestion is based on a flavour's name and general description, not on any Baker's recipe, ingredients, method, equipment, or premises. A suggestion is never a statement about ingredients, allergens, cross-contamination, nutrition, or suitability for any diet, allergy, intolerance, medical condition, or religious requirement.
  • Filtering is not verification. Where the Platform hides or excludes options based on a dietary or allergen requirement you have recorded, it does so using information the Baker has supplied about their own offering, which Spattoo does not verify, check, or test. That an option is still shown to you is not a confirmation by Spattoo or by the Baker that it meets your requirement, and that an option is hidden is not a statement that it is unsafe. Section 3.4 applies in full.
  • The Baker decides. Whether a Cake can in fact be made as suggested — and at what price — is entirely for the Baker. A suggestion is not an offer, a quote, a confirmation, or a promise that anything is available.
  • Taste is subjective. Spattoo does not warrant that you, or anyone eating the Cake, will like a suggested flavour or design.

If you have any allergy, intolerance, medical, religious, or dietary requirement, you must confirm ingredients and suitability directly with the Baker before ordering or consuming any Cake, whether or not the Platform suggested that option to you. Spattoo accepts no liability arising from your reliance on any suggestion.

4. Accounts and Security

4.1. Some features require an account or verification (for example, phone or email OTP verification). You are responsible for maintaining the confidentiality of your account and verification credentials and for all activity under your account.

4.2. Notify us promptly at care@spattoo.com of any unauthorised use of your account.

4.3. We may refuse, suspend, or terminate accounts, or reclaim identifiers, at our reasonable discretion, including for violation of these Terms or applicable law.

5. Acceptable Use

You agree not to, and not to permit anyone to:

  • use the Platform for any unlawful, fraudulent, infringing, or harmful purpose;
  • upload or transmit Content that is illegal, obscene, defamatory, hateful, harassing, infringing of intellectual property, invasive of privacy, or that violates the Information Technology Act, 2000 and the rules made under it (including the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021);
  • upload, generate, publish, share, or otherwise use on the Platform any cartoon or animated character, film, television, game, comic, or literary property, celebrity likeness, sports team or club insignia, brand name, trademark, logo, or other third-party protected property — or any imitation, adaptation, or derivative of one — unless you own it or hold a valid licence or other lawful authorisation to use it in that way (see Section 6);
  • upload any photograph or likeness of an identifiable person without that person's consent (or, for a minor, the consent of a parent or lawful guardian);
  • upload malware, or attempt to gain unauthorised access to, disrupt, overload, reverse-engineer, scrape, or probe the Platform or its infrastructure;
  • misrepresent your identity or affiliation, or impersonate any person or business;
  • resell, sublicense, or provide the Platform to third parties except as expressly permitted (Bakers serving their own Customers is permitted);
  • use the Platform to compete with, replicate, or benchmark Spattoo without our written consent.

We may remove Content and suspend access for violations, and, where required, report unlawful activity to authorities.

6. Content and Intellectual Property

6.1. Spattoo's property. The Platform — including the designer, its software, 3D element library, templates, tools, user interface, look and feel, trademarks, logos, and all related intellectual property — is owned by Spattoo or its licensors and is protected by law. Except for the limited right to use the Platform under these Terms, no rights are granted to you. The name and mark "Spattoo" may not be used without our written consent.

6.2. Your Content and uploads. You retain ownership of Content you lawfully own and upload. By uploading or creating Content, you grant Spattoo (and, where relevant, the Baker) a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt, display, transmit, and process that Content solely to operate, provide, secure, and improve the Platform and to carry out the actions you direct (for example, generating a 3D model, removing an image background, publishing it to your storefront, or sharing a Design with a Baker or Customer). This licence is granted only so that we can carry out your instructions; it is not a representation by Spattoo that we hold, or can grant, any right in that Content.

6.3. Your warranties for uploads. You represent and warrant that you own or have all necessary rights, licences, and consents for any Content you upload, generate, publish, or share, that it does not infringe any third party's intellectual property, privacy, publicity, personality, or other rights, and that it is not unlawful. You are solely responsible for your Content, including for determining whether you are permitted to use it. Spattoo gives you no advice or assurance on that question.

6.3.1. Photographs of people. Where Content includes a photograph or likeness of an identifiable person, you represent and warrant that you obtained that person's consent before uploading it — and, where that person is a child, the verifiable consent of their parent or lawful guardian — and that this consent extends to the automated processing described in Sections 6.6 and 7, including analysis of the image and reproduction of what it depicts by the third-party artificial-intelligence providers we use to deliver those features. This applies to every User, Baker and Customer alike, and most often to a photograph supplied for a photo cake.

6.4. Third-party characters, brands, and other protected property

6.4.1. Cakes are often themed around cartoon and animated characters, films, television shows, games, comics, sports clubs, celebrities, and brands. These are almost always protected by copyright, trademark, design, personality, or character-merchandising rights owned by third parties, and reproducing them — including on a cake, a photo cake, a storefront image, an uploaded element, a Design, or a template — generally requires a licence from the rights holder.

6.4.2. Spattoo grants you no rights in any third-party property, and provides none. Nothing on the Platform — not the designer, the 3D element library, the templates, the AI tools, nor these Terms — grants, conveys, implies, or procures any licence, permission, or authorisation to use any third party's character, artwork, trademark, logo, brand, or likeness. Spattoo's own element library and templates are not supplied with, and must not be treated as carrying, any such licence. The fact that the Platform is technically capable of rendering something is not permission to use it.

6.4.3. Obtaining any necessary licence is entirely your responsibility. If you upload, generate, publish, share, sell, or bake anything incorporating third-party protected property, you — the Baker or Customer who did so — are solely responsible for holding the necessary rights, and solely liable for any claim, demand, penalty, damages, or proceeding brought by any rights holder in respect of it. Spattoo has no responsibility or liability for it whatsoever.

6.5. Spattoo does not select, review, or pre-screen Content

6.5.1. Spattoo is an intermediary within the meaning of the Information Technology Act, 2000. Content on the Platform is uploaded, created, published, and transmitted by Users, at their own initiative and under their own direction. Spattoo does not initiate the transmission of that Content, does not select its recipient, and does not select or modify the Content itself.

6.5.2. Spattoo does not pre-screen, review, moderate, verify, curate, approve, or endorse Content, and is under no obligation to do so. No such review is performed or implied, and the availability of any Content on the Platform is not a representation by Spattoo that it is lawful, licensed, non-infringing, or otherwise permitted.

6.5.3. Bakers publish their own storefronts. Any storefront, template, element, image, listing, or Design that a Baker publishes is published by that Baker, as publisher, and is merely hosted and displayed by Spattoo at that Baker's direction and on that Baker's instruction. Sharing is a private transmission by the sender. Where a Baker or a Customer shares a Design, image, quote, invite, or other Content with the other, that Content is transmitted by the sender, at the sender's request and to a recipient the sender selects — Spattoo merely carries it. In each case the Baker or the sending User, and not Spattoo, is the party making the Content available, and is solely responsible for their right to do so.

6.6. Automated and AI processing of your Content

6.6.1. Certain features process your Content automatically — for example, generating a 3D model from an image you upload, identifying decorative elements, or removing an image background (see Section 7). Where this happens, the processing is initiated and directed by you, is carried out automatically and algorithmically, without human review, selection, or editorial judgement by Spattoo, and is performed on your behalf and on your instruction.

6.6.2. Any output of such processing (including any 3D model, adapted image, or Design) is your Content, is subject to your warranties in Sections 6.3 and 6.4, and is your sole responsibility. Spattoo claims no ownership of it, does not verify it, and makes no representation or warranty that it, or the input you supplied, is lawful, licensed, or free of any third party's rights. If you supply Content you are not entitled to use, the output will be equally unauthorised and that is your responsibility, not ours.

6.7. Designs. Rights in a Design created in the designer are subject to these Terms and to any arrangement between the Baker and the Customer. Spattoo may store Designs to provide the service (for example, to attach a Design to a quote, order, or invite). Spattoo may use aggregated, anonymised, or de-identified data derived from use of the Platform to operate and improve its services.

6.8. Feedback. If you give us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free right to use it without restriction or obligation to you.

6.9. Notice and takedown

6.9.1. If you believe Content on the Platform infringes your intellectual property or other rights, contact our Grievance Officer (see Grievance & Contact) with the details required under applicable law, including identification of the Content and its location, the right you claim, the basis of your claim, your contact details, and a statement that the information you provide is accurate. We will acknowledge within 24 hours and act on valid notices within the timelines and in the manner required by the IT Act and the Intermediary Guidelines.

6.9.2. We may remove Content at any time, without prior notice and without liability to you, where we receive a complaint or a court or governmental order, where we have reason to believe the Content breaches these Terms or any law, or where required to protect the Platform or any person. We are not obliged to restore removed Content. Removing Content — or declining to — is not an admission, an endorsement, or a legal determination by Spattoo.

6.9.3. Repeat infringers. We will suspend or terminate, without refund, the account and storefront of any User — including any Baker — who is the subject of repeated or serious substantiated infringement complaints, or who we reasonably believe is a repeat infringer.

6.9.4. Nothing in this Section limits Sections 6.3, 6.4, 10, or 11: liability for infringing Content rests with the User who uploaded, generated, published, or shared it.

7. AI and Automated Features

Some features use automated or artificial-intelligence tools — for example, generating a 3D model from an image, reading a reference photo to describe a cake, producing step-by-step guides for making a decoration, identifying decorative elements, or removing image backgrounds. These features are provided "as is", may be inaccurate, incomplete, or unexpected, and should not be relied on as authoritative. Spattoo does not warrant the accuracy or suitability of AI-generated output. These features run automatically, on your instruction, on the Content you supply; as set out in Section 6.6, the output is your Content and your responsibility, and Spattoo does not warrant that it is lawful, licensed, or free of any third party's rights.

7.1. AI-generated instructions are a starting point, not a recipe to follow blindly

Where an AI feature produces instructions for making something — steps, techniques, quantities, proportions, colours, drying or setting times — or an image, diagram, or sheet depicting how something is made — that output is a suggestion to be checked against your own skill and judgement as a baker. It is generated by a model from an image; it is not tested, not verified by a person, and not a professional recommendation. It may be wrong about what a decoration is made of, how it is made, how long it takes, or whether it will hold. An illustrated guide carries no more authority than the words beside it: it is drawn by a model from a photograph, not photographed from a cake that was actually built.

You remain solely responsible for what you make and sell, including its structural soundness and its safety to eat. In particular, nothing generated by an AI feature relieves you of your obligations under Section 3.3 (food safety) — the suitability, edibility, and safety of every ingredient and material you use is your responsibility as the food business operator, and must be judged by you, not taken from an AI-generated guide. Do not rely on such output for allergen, ingredient, or food-safety decisions.

Some of these features consume Credits when used by a Baker. Credits are consumed when an action runs, whatever its result — see Section B8.

8. Third-Party Services

The Platform relies on third-party service providers (for example, cloud hosting, databases, storage, payment processing, email, and AI services). Your use of the Platform may be subject to those providers' terms. Spattoo is not responsible for the acts, omissions, availability, or content of third parties, and links to third-party sites or services are provided for convenience only.

9. Disclaimer of Warranties

9.1. To the maximum extent permitted by law, the Platform is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted or error-free operation.

9.2. We do not warrant that the Platform will be available, secure, or free of errors, bugs, downtime, or interruptions, or that any 3D render, colour, or visual will display identically across devices or match any physical product.

9.3. Nothing in the Platform constitutes food-safety, medical, dietary, legal, tax, or financial advice.

10. Limitation of Liability

10.1. To the maximum extent permitted by law, Spattoo, its directors, officers, employees, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, or business, arising out of or relating to the Platform or these Terms, even if advised of the possibility.

10.2. To the maximum extent permitted by law, Spattoo will not be liable for any loss, damage, illness, injury, or dispute arising from: any Cake or food product; the acts, omissions, quality, food safety, hygiene, licensing, pricing, fulfilment, or delivery of any Baker; differences between a Design and the actual Cake; the acts or omissions of any Customer; or any transaction or dealing between a Baker and a Customer.

10.3. Subject to the above, Spattoo's total aggregate liability for all claims relating to the Platform will not exceed:

  • for a Baker: the total subscription fees actually paid by that Baker to Spattoo in the twelve (12) months immediately preceding the event giving rise to the claim; and
  • for an End Customer (who pays Spattoo nothing): INR 1,000 (one thousand rupees).

10.4. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable Indian law (for example, liability for fraud). Some limitations may not apply to you to the extent prohibited by law.

11. Indemnity

You agree to indemnify, defend, and hold harmless Spattoo and its directors, officers, employees, and agents from and against any claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Platform; (b) your Content or uploads; (c) your breach of these Terms or any law; or (d) in the case of a Baker, any Cake, transaction, or dispute involving the Baker's Customers.

12. Suspension and Termination

12.1. You may stop using the Platform at any time (Bakers see Part B for subscription cancellation).

12.2. We may suspend or terminate your access, with or without notice, if you breach these Terms or applicable law, if required for security or legal reasons, or if we discontinue the Platform.

12.3. Provisions that by their nature should survive termination (including Sections 1, 3, 6, 9, 10, 11, and 13–18) will survive.

13. Changes to the Platform and These Terms

We may modify, suspend, or discontinue any part of the Platform, and may update these Terms from time to time. Material changes will be notified by posting the updated Terms with a new "Last updated" date and, where appropriate, other reasonable notice. Continued use after changes take effect constitutes acceptance.

14. Force Majeure

Spattoo is not liable for any failure or delay caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, war, civil unrest, strikes, governmental action, internet or utility failures, or failures of third-party providers.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of India. Subject to Section 16, the courts at Hyderabad, Telangana will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Platform.

16. Dispute Resolution

16.1. The parties will first attempt to resolve any dispute amicably by writing to care@spattoo.com.

16.2. If unresolved within thirty (30) days, the dispute will be referred to and finally resolved by arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration will be Hyderabad, Telangana, and the language will be English. This clause does not prevent either party from seeking urgent interim relief from a court.

17. Grievance Redressal

In accordance with the Information Technology Act, 2000 and the rules thereunder, and the Digital Personal Data Protection Act, 2023, our Grievance Officer's details and grievance process are set out in Grievance & Contact.

18. General

18.1. Severability. If any provision is held invalid or unenforceable, the remaining provisions continue in full force.

18.2. No waiver. Our failure to enforce any right or provision is not a waiver.

18.3. Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or successor.

18.4. Entire agreement. These Terms, together with the Privacy Policy, Refund & Cancellation Policy, and Grievance & Contact page, constitute the entire agreement between you and Spattoo regarding the Platform and supersede prior agreements on the subject.

18.5. Notices. Notices to Spattoo should be sent to care@spattoo.com. We may give notice via the Platform, email, or your registered contact details.

Part B — Additional Terms for Bakers (Subscriptions)

These terms apply in addition to Part A when you use Spattoo as a Baker.

B1. Subscriptions and Plans

B1.1. Spattoo offers subscription plans (which may include a free tier and paid tiers) with different features and usage limits, as described on our pricing page. Features, limits, and prices may change; we will give reasonable notice of material changes to paid plans.

B1.2. Paid subscriptions are billed on a recurring basis (monthly or annual) through our payment processor. By subscribing to a paid plan, you authorise recurring charges for the applicable fees until you cancel.

B2. Fees, Taxes, and GST

B2.1. All subscription fees are stated exclusive of taxes unless otherwise indicated. Goods and Services Tax (GST) at the applicable rate (currently 18%) is charged on subscription fees. A GST tax invoice will be issued in accordance with law. You may provide your GSTIN and billing details for inclusion on the invoice; you are responsible for their accuracy.

B2.2. Fees are payable in Indian Rupees (INR). You are responsible for any additional bank, card, or payment-processor charges.

B3. Payment Processing

Subscription payments are processed by our third-party payment processor (Razorpay). Your payment is subject to the processor's terms and privacy policy. Spattoo does not store full card details.

B4. Renewal, Cancellation, and Refunds

B4.1. Paid subscriptions auto-renew at the end of each billing period unless cancelled before renewal.

B4.2. You may cancel at any time; cancellation takes effect at the end of the current paid period, and you retain access until then. Refunds (if any) are governed by our Refund & Cancellation Policy.

B4.3. On cancellation or termination, your storefront and designs may be retained for a limited period (currently 30 days) to allow reactivation or export, after which they may be deleted. Export any data you need before then.

B5. Baker Obligations and Warranties

As a Baker, you represent, warrant, and agree that:

B5.1. you are lawfully operating a food business and hold and will maintain all required registrations and licences, including FSSAI registration/licence where applicable, and you comply with all applicable food-safety, hygiene, labelling, consumer-protection, tax, and other laws;

B5.2. you are solely responsible for the baking, quality, food safety, ingredients, allergen information, preparation, packaging, pricing, sale, fulfilment, and delivery of every Cake you sell, and for honouring the quotes and commitments you make to your Customers;

B5.3. all information, images, prices, and descriptions you publish on your storefront are accurate, lawful, and not misleading, and you own or are licensed to use them;

B5.4. you are the publisher of your storefront and of everything you put on it. You own or hold all necessary rights, licences, and consents for every item of Content you upload, create, generate, publish, share, or make available through the Platform — including storefront images, uploaded elements, photographs, Designs, and templates you create, publish, or offer to your Customers — and Spattoo merely hosts and displays them at your direction (see Section 6.5.3);

B5.5. you will not use any third-party protected property without a licence. Without limiting B5.4, you will not upload, generate, publish, offer, share, or bake any cartoon or animated character, film, television, game, comic, sports club or celebrity likeness, brand, trademark, or logo — or any imitation, adaptation, or derivative of one — unless you hold a valid licence or other lawful authorisation to do so. Obtaining any such licence is entirely your responsibility. As set out in Section 6.4, Spattoo grants you no rights in any third-party property, and the Platform's technical ability to render something is not permission to use it. If a Customer asks you for such a cake, or supplies such an image, it remains your responsibility as the Baker to decide whether you may lawfully make and sell it;

B5.6. before you upload or use it, you have obtained the consent of every identifiable person appearing in any photograph or likeness — and, where that person is a child, the verifiable consent of their parent or lawful guardian — including for photo cakes; that this consent extends to the automated processing described in Sections 6.6 and 7, including analysis of the image and reproduction of what it depicts by the third-party artificial-intelligence providers we use to deliver those features; that you grant us the rights necessary to carry out that processing on your instruction; and that you will produce evidence of that consent on our reasonable request, including where a complaint or a lawful demand is made about the image. We do not ask you to send us consent records up front and you should not: holding them would mean holding more personal data about people who are not our users. Obtaining and keeping them is your responsibility as the person who collected the image;

B5.7. you are the seller in every transaction with your Customers, and you — not Spattoo — are responsible for your own terms of sale, cancellation and refund policy, invoicing, taxes, and customer service toward your Customers;

B5.8. you will handle your Customers' personal data lawfully. As between you and Spattoo, you are the Data Fiduciary for your Customers' personal data collected through your storefront, and Spattoo processes it on your behalf as described in the Privacy Policy;

B5.9. where a dietary or allergen requirement is recorded on a quote or order, it is your responsibility to read it, to decide whether you can meet it, and to confirm that directly with your Customer. A requirement shown to you on the Platform is your Customer's own statement, passed to you unverified — Spattoo checks nothing about it and its appearance on your screen is not a confirmation that it can be, or has been, met. Nothing in that feature reduces your sole responsibility under B5.2 for ingredients, allergen information, cross-contamination, labelling, and food safety. If a Customer records a requirement you cannot meet, you must tell them before accepting the order.

B6. Baker Indemnity

B6.1. In addition to Section 11, you (the Baker) will indemnify and hold Spattoo harmless from any claim, demand, penalty, or liability brought by your Customers or any authority arising from any Cake you make or sell, your food-safety or licensing compliance, your pricing, fulfilment, or delivery, your storefront Content, or your dealings with your Customers.

B6.2. Intellectual property. Without limiting B6.1, you will indemnify, defend, and hold Spattoo harmless from and against any claim, demand, notice, penalty, damages, loss, or proceeding — including by any rights holder, licensor, or brand or character owner, or their agents — alleging copyright or trademark infringement, passing off, unlawful character merchandising, or violation of design, personality, publicity, or privacy rights, arising from any Content you upload, generate, publish, share, or offer, from any template or Design you create or publish, from any image supplied to you by a Customer that you use or act upon, or from any Cake you make or sell. This applies whether the Content originated with you or with your Customer, and it survives termination.

B7. Suspension for Non-Payment or Breach

We may suspend or downgrade your storefront and features for non-payment, chargebacks, or breach of these Terms, after reasonable notice where practicable.

B8. AI Credits

B8.1. What Credits are — and are not

Certain AI-assisted features consume Credits, a unit we use to meter usage of those features.

Credits are not money. They are not currency, stored value, a deposit, a security, a gift card, or a prepaid payment instrument. They have no cash value, are not redeemable for cash, cannot be transferred, sold, gifted, or exchanged between accounts, and can be used only within the Platform for the features we make available from time to time.

B8.2. Two kinds of Credit, and the order they are used

  • Monthly Credits are included with your paid plan. They refresh at the start of each calendar month (Indian Standard Time) and do not carry over — unused Monthly Credits are not banked, refunded, or converted.
  • Purchased Credits are bought separately in packs. They do not expire for as long as your account exists, subject to B8.6 and B8.8.

When you use an AI feature, your Monthly Credits are used first; Purchased Credits are drawn on only once the month's included Credits are exhausted.

B8.3. Buying Credits

B8.3.1. Credit packs are sold at the price shown at checkout. Prices are exclusive of GST, which is charged at the applicable rate (currently 18%), and a GST tax invoice is issued in accordance with law, as set out in B2.

B8.3.2. Pack contents and prices may change. The price shown to you at checkout is the price charged for that purchase, regardless of any later change.

B8.3.3. We may set a limit on the maximum balance of Purchased Credits an account may hold at one time, and may decline a purchase that would exceed it.

B8.4. How Credits are consumed

B8.4.1. Credits are consumed when an AI action runs, not when you are satisfied with its result. As set out in Section 7, AI features may produce inaccurate, incomplete, or unexpected output. A Credit pays for an attempt, not for a particular outcome, and Credits are not refunded or restored because output was unsatisfactory, unusable, or not what you expected.

B8.4.2. If an action fails on our side before producing a result, the Credits held for it are released back to your balance.

B8.4.3. The number of Credits an action costs is shown in the Platform and may change. We will give reasonable notice of an increase.

B8.5. Free of charge to you in some cases

Some AI output we generate for our own catalogue — for example a guide for a decoration we publish — is produced at our cost and never charged to your Credits, whether or not you use that item.

B8.6. Credits do not expire, but using them requires an active subscription

Purchased Credits do not expire. Using them requires an active paid subscription. If your subscription is cancelled, lapses, or is suspended, your Purchased Credit balance is preserved and becomes available again if you resubscribe. It is not refunded, and it does not entitle you to continued access to the Platform on its own.

B8.7. Refunds

A Credit pack is non-refundable once purchased. This includes an unused or partly used balance, a balance remaining when your subscription is cancelled, lapses, or your account is closed, and a change of mind after purchase.

Credits are delivered to your account immediately on successful payment and can be spent at once; unlike a subscription period, there is nothing left to stop. Discretionary refunds (for example a duplicate charge or a proven billing error) are governed by our Refund & Cancellation Policy, Part 3.

B8.8. Credits end with the account

Credits are tied to your Baker account and are non-transferable. On termination, closure, or erasure of your account, any unused balance is forfeited without refund.

Part C — Additional Terms for Customers (Designer & Orders)

These terms apply in addition to Part A when you use a Baker's storefront or the designer as a Customer.

C1. The Designer Is a Visualisation and Enquiry Tool

The 3D designer helps you visualise a cake idea and communicate it to a Baker. Creating a Design or submitting a request does not create a Cake, guarantee availability, or by itself form a binding order. As set out in Section 3.2, the actual Cake may differ from the Design.

C2. Quotes and Orders Are With the Baker

C2.1. When you submit a request or approve a quote, you are dealing directly with the Baker. Any resulting order is a contract between you and the Baker. Spattoo is not a party and does not sell you the Cake.

C2.2. Before placing or confirming an order, you are responsible for confirming with the Baker directly the flavour, ingredients, allergens, size, servings, design details, price, advance/payment terms, pickup or delivery arrangements, and timing. Do not rely on the Design or storefront alone for these. As set out in Section 1.6, Spattoo does not verify a Baker's existence or genuineness, so you should also satisfy yourself as to who you are dealing with — especially before paying any advance — since any advance or payment for a Cake is made directly to the Baker, off the Platform.

C2.3. Recording a dietary or allergen requirement does not discharge C2.2. Where the designer or an order form lets you record a requirement such as eggless, vegan, Jain, or nut-free, doing so records your statement and passes it to the Baker. It is not a confirmation that the Baker has seen it, accepted it, or can meet it, and it is not a check by Spattoo of what any Cake contains. You must still confirm suitability with the Baker directly, as set out in Section 3.4.

C2.4. If the Platform suggests a flavour or a design to you, that suggestion is a convenience based on general information and on what the Baker offers — not advice, and never a statement about ingredients, allergens, or suitability for any diet or allergy. Confirm with the Baker before you order, as set out in Section 3.8.

C3. Images You Upload and Themed Cakes

C3.1. If you upload a photograph or image — for a photo cake, a themed cake, or any other purpose — you confirm that you have the right to use it and that you have the consent of every identifiable person in it (or, for a minor, of a parent or lawful guardian). See Sections 6.3 and 6.4.

C3.2. Cartoon characters, brands, and other themes are protected property. Characters such as those from cartoons, films, television, games, or comics, and celebrity likenesses, club insignia, brands, and logos, are generally owned by third parties and normally require a licence to reproduce — including on a cake. Spattoo grants you no rights in them, and uploading such an image to the designer does not give you or the Baker permission to use it (Section 6.4). If you ask a Baker for such a cake, or supply such an image, you do so at your own risk and on your own responsibility, and it remains the Baker's decision whether they may lawfully make it. Spattoo is not a party to that and takes no responsibility for it.

C3.3. Sharing a Design or image with a Baker is a private transmission that you initiate and direct; Spattoo merely carries it (Section 6.5.3).

C4. Payment, Cancellation, and Refunds for Cakes

C4.1. Any advance or payment for a Cake is made directly to the Baker, off the Platform. Spattoo does not collect, hold, or refund Cake payments.

C4.2. Cancellations, changes, refunds, and disputes for a Cake order are governed by the Baker's own policy and your agreement with the Baker. Please raise them with the Baker directly. Our Refund & Cancellation Policy explains this further.

C5. No Spattoo Liability for Fulfilment

Consistent with Sections 3 and 10, Spattoo is not responsible or liable for whether, when, or how a Baker fulfils your order, for the quality, safety, or appearance of the Cake, or for any dispute between you and the Baker. Such matters are between you and the Baker.

By using the Platform, you acknowledge that you have read, understood, and agree to these Terms.

Document History

VersionEffectiveChanges
1.0[to be provided]Initial version.

Every published version of this document is retained and timestamped. The version currently in force is shown at the top of this page.