Terms of use

These Terms of Use ("Terms") govern your access to and use of the SkipFees.ca website, platform, services, and any related applications (collectively, the "Services") operated by SkipFees ("we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, you must not use our Services.

1. Definitions

"Client" or "You" refers to any restaurant, food service business, or authorized representative that registers for, accesses, or uses the Services.

"Platform" refers to the SkipFees technology platform, including but not limited to branded websites, online ordering systems, mobile applications, NFC table ordering, IVR phone automation, loyalty programs, CRM tools, delivery integrations, and all associated features.

"Subscription Plan" refers to any paid plan offered by SkipFees, including the Ignite, Accelerate, and Dominate packages, or any commission-based arrangement.

"Content" refers to all text, images, menus, logos, photographs, data, and other materials uploaded, submitted, or displayed through the Services by the Client.

2. Eligibility

You must be at least 18 years of age and have the legal authority to bind the business entity you represent to these Terms. By using the Services, you represent and warrant that you meet these requirements and that all registration information you provide is accurate, current, and complete.

3. Account Registration and Security

To access certain features of the Services, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify SkipFees immediately of any unauthorized use of your account or any other security breach. We reserve the right to suspend or terminate your account if we reasonably believe unauthorized or fraudulent activity has occurred.

4. Services Provided

SkipFees provides a commission-free restaurant technology platform that may include, depending on your Subscription Plan: branded restaurant websites, website domain registration and configuration, online ordering systems, pickup and delivery management, order management dashboards, dine-in ordering, NFC table ordering, IVR phone order automation, loyalty programs, CRM and marketing tools (email and SMS campaigns), mobile applications (iOS and Android), delivery integrations (including Uber Direct), digital gift cards, curbside pickup, catering and large order support, Google Business listing setup and optimization, customer data and analytics, Klarna Buy Now Pay Later integration, and promotional flyer design services.

The specific features available to you depend on your selected Subscription Plan. SkipFees reserves the right to modify, update, or discontinue any feature or service at any time with reasonable notice to affected Clients.

5. Subscription Plans and Billing

5.1 Subscription Models

SkipFees offers subscription-based plans with flat monthly or weekly fees, as well as commission-based models. The pricing, features, and terms of each plan are as described at the time of your registration or as subsequently agreed upon in writing.

5.2 Billing and Payment

You agree to pay all fees associated with your selected Subscription Plan in accordance with the billing terms presented at the time of sign-up. All fees are quoted in Canadian Dollars (CAD) and are exclusive of applicable taxes, including HST and GST, unless otherwise stated. Payment is due on the billing date specified in your agreement. Failure to make timely payment may result in suspension or termination of your access to the Services.

5.3 Ramp-Up Pricing

Certain Subscription Plans may include ramp-up pricing, where the fee increases over a defined schedule (for example, a reduced rate during Month 1, a mid-tier rate during Months 2 through 3, and the standard rate from Month 4 onward). The applicable pricing schedule will be disclosed to you before you subscribe, and your continued use of the Services after each pricing adjustment constitutes acceptance of the updated fee.

5.4 Commission-Based Plans

If you select a commission-based model, SkipFees will charge a percentage of each order processed through the Platform, as agreed upon at the time of enrollment. Commission rates are set below the rates charged by major third-party delivery platforms. No monthly fees or setup costs apply under commission-based plans.

5.5 No Setup Fees

SkipFees does not charge setup fees for any Subscription Plan unless explicitly agreed upon in writing.

6. Cancellation and Termination

6.1 Cancellation by Client

You may cancel your Subscription Plan at any time by providing written notice to SkipFees. Cancellation will take effect 30 days after receipt of your written notice. You are responsible for all fees incurred up to the effective date of cancellation. No refunds will be issued for partial billing periods.

6.2 Termination by SkipFees

We may suspend or terminate your access to the Services immediately and without prior notice if you breach these Terms, fail to pay fees when due, engage in fraudulent or illegal activity through the Platform, or if we determine, in our sole discretion, that continued provision of Services to you poses a risk to the integrity, security, or reputation of the Platform.

6.3 Effect of Termination

Upon termination, your access to the Platform and all associated features will be revoked. Any data, content, or configurations associated with your account may be deleted after a 30-day grace period following termination, during which you may request a copy of your data. SkipFees is not obligated to retain any Client data beyond this period.

7. Client Responsibilities

You are solely responsible for the accuracy, legality, and completeness of all Content you upload or provide through the Services, including but not limited to menus, pricing, descriptions, images, and business information. You agree not to use the Services for any unlawful purpose, to transmit harmful code or malware, to infringe upon the intellectual property rights of any third party, to misrepresent your business or the products and services you offer, or to engage in any activity that could damage, disable, or impair the Platform.

8. Intellectual Property

8.1 SkipFees Intellectual Property

All intellectual property rights in the Platform, including but not limited to software, design, trademarks, logos, documentation, and proprietary technology, are owned by SkipFees or its licensors. Nothing in these Terms grants you any right, title, or interest in such intellectual property except the limited right to use the Services as permitted under your Subscription Plan.

8.2 Client Content

You retain ownership of all Content you provide through the Services. By uploading Content to the Platform, you grant SkipFees a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute your Content solely for the purpose of providing the Services to you. This license terminates upon the termination of your account, subject to the data retention provisions in Section 6.3.

9. Third-Party Services and Integrations

The Services may integrate with or rely upon third-party services, including but not limited to payment processors, delivery providers (such as Uber Direct), payment facilitation services (such as Klarna), and communication platforms. Your use of such third-party services is subject to the respective third party's terms and conditions. SkipFees is not responsible for the availability, performance, or conduct of any third-party service, and makes no representations or warranties regarding such services.

10. Delivery Services

Where delivery integration is included in your Subscription Plan, SkipFees facilitates connections between your restaurant and third-party delivery providers. SkipFees does not employ, manage, or control delivery drivers. All delivery services are performed by independent third-party providers, and SkipFees assumes no liability for the timeliness, quality, or safety of deliveries, the conduct of delivery drivers, or any loss, damage, or injury arising from the delivery process.

11. Data Ownership and Use

Customer data collected through your use of the Platform, including customer names, contact information, order history, and preferences, belongs to you. SkipFees will not sell, lease, or share your customer data with third parties for their independent marketing purposes. SkipFees may use aggregated, anonymized data for the purposes of improving the Platform, conducting analytics, and generating industry insights, provided that such data cannot reasonably be used to identify any individual customer or Client.

12. Limitation of Liability

To the maximum extent permitted by applicable law, SkipFees and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of data, or loss of business opportunity, arising out of or in connection with your use of or inability to use the Services, even if SkipFees has been advised of the possibility of such damages.

The total aggregate liability of SkipFees for any claims arising under these Terms shall not exceed the total fees paid by you to SkipFees during the three (3) months immediately preceding the event giving rise to the claim.

13. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. SkipFees disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. SkipFees does not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

14. Indemnification

You agree to indemnify, defend, and hold harmless SkipFees and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to your use of the Services, your breach of these Terms, your violation of any applicable law or regulation, any Content you provide through the Services, or your infringement of any third-party rights.

15. Modifications to Terms

SkipFees reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and, where practicable, by notifying you via email. Your continued use of the Services after the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree with the modified Terms, you must discontinue use of the Services.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration administered in accordance with the rules of the ADR Institute of Ontario, with the arbitration taking place in the Greater Toronto Area, Ontario. Each party shall bear its own costs, and the arbitrator's decision shall be final and binding.

17. Force Majeure

SkipFees shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay results from circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, acts of government, internet or telecommunications failures, power outages, cyberattacks, and labour disputes.

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties.

19. Entire Agreement

These Terms, together with any applicable Subscription Plan agreement, privacy policy, and any other documents expressly incorporated by reference, constitute the entire agreement between you and SkipFees with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, and agreements, whether oral or written.

20. Contact Information

If you have questions about these Terms, please contact us at:

SkipFees.ca

Email: info@skipfees.ca

Website: www.skipfees.ca