Terms of Service

These Terms of Service govern your use of DeliveryKit’s website, merchant dashboard, Stripe app, and related digital product delivery services (together, the “Service”).

The Service is operated by Femke Design Limited, doing business as DeliveryKit (“DeliveryKit,” “we,” “us,” or “our”), a company registered in Canada.

These terms are an agreement between DeliveryKit and the person or business using the Service (“you”). If you use the Service on behalf of a business, you confirm that you have authority to accept these terms for that business.

By creating an account, subscribing, or installing and using the DeliveryKit Stripe app, you agree to these terms. If you do not agree, you must not use the Service.

You must be at least the age of majority where you live and legally able to enter into this agreement to create or administer a merchant account.

DeliveryKit helps merchants connect their Stripe accounts, associate digital files with products, create checkout links and product pages, send delivery emails, and provide buyers with access to purchased files.

Available features and usage limits depend on your plan.

You remain the seller of your products. DeliveryKit supplies the software and delivery infrastructure; it does not become the seller or merchant of record for your transactions.

Your agreement with a buyer—including product descriptions, licences, refund policies and promises about access—is separate from these terms. These terms do not replace that agreement or limit buyers’ statutory rights.

You must provide accurate account information, keep it current, and protect your login credentials.

You are responsible for the people you authorise to access your workspace and their use of the Service. Workspace administrators may manage billing, connected accounts, files and other workspace settings.

You must only connect Stripe accounts that you are authorised to manage. Notify us promptly at [email protected] if you suspect unauthorised access to your DeliveryKit account.

You are responsible for:

• Having the rights and permissions needed to sell and deliver your products.
• Providing accurate descriptions, prices, licence terms and buyer-facing policies.
• Configuring and testing your products, files, checkout links and delivery settings.
• Customer support, product-related complaints, refunds and payment disputes.
• Your tax obligations and compliance with laws applicable to your business and sales.
• Providing legally required privacy notices and having a lawful basis to share buyer information with DeliveryKit.
• Keeping your own copies of uploaded files and records you need for your business.

You must not promise buyers permanent or lifetime access through DeliveryKit unless you can fulfil that promise independently if your use of the Service ends.

You retain ownership of the files, product descriptions, images, branding and other materials you provide to the Service (“Your Content”).

You grant DeliveryKit a non-exclusive, worldwide, royalty-free permission to host, store, copy, process, transmit and display Your Content only as needed to operate the Service for you. This includes delivering files to buyers, displaying your configured product pages and branding, providing support, and maintaining security.

We may allow service providers acting on our behalf to perform these activities, subject to appropriate confidentiality and data-protection obligations.

This permission does not allow us to sell Your Content independently or use it in our advertising without your separate permission.

The permission ends when Your Content is removed from our systems, except for limited retention required by law or reasonably necessary for backups, security and resolving disputes. Retained copies remain subject to these terms and our Privacy Policy.

You confirm that you have the rights needed to grant this permission.

Buyer payments are processed by Stripe through your connected Stripe account. When DeliveryKit creates a checkout session on your behalf, it does so within that account. You enter into the sale directly with your buyer. DeliveryKit is not the merchant of record and does not receive or hold the purchase proceeds on your behalf, although applicable DeliveryKit transaction fees may be deducted through Stripe.

Stripe provides its payment and account services under its own agreements with you. Stripe’s processing fees, account requirements and decisions about payments, payouts or disputes are separate from DeliveryKit.

When you connect a Stripe account, you authorise DeliveryKit to access the information and perform the actions covered by the permissions you approve, as needed to provide your configured features.

We use connected-account information to provide and support the Service as described in our Privacy Policy. We do not sell Stripe account data.

Disconnecting an account or uninstalling the Stripe app can interrupt synchronisation, checkout and delivery features. Disconnecting Stripe or uninstalling the app does not cancel your DeliveryKit subscription. Cancel your subscription through your workspace’s billing settings.

Third-party outages, restrictions or changes may affect the Service.

DeliveryKit subscriptions apply to individual workspaces. Prices, billing intervals, transaction fees and usage limits are shown when you select a plan.

Unless a different offer is shown when you register, the trial lasts 30 days and has limited features or usage allowances. It does not automatically become a paid subscription.

If you subscribe during a trial, paid billing begins when your subscription starts. Unused trial time does not carry over.

Paid subscriptions renew automatically for the billing interval you select until cancelled. You authorise us and our payment provider to collect the disclosed subscription charges, applicable transaction fees and taxes.

DeliveryKit transaction fees are separate from Stripe’s fees. When a corresponding buyer payment is refunded, DeliveryKit refunds its transaction fee proportionally to the refunded payment amount. Stripe determines the treatment of its own fees.

Plan changes, including any prorated charges or credits, take effect as disclosed during the change process.

We will give at least 30 days’ notice of increases to your recurring subscription price or transaction-fee rate. Increases to subscription prices will apply no earlier than your next renewal after that notice period. You may cancel before the increase takes effect.

You can cancel your subscription through the billing settings available to workspace administrators. Cancellation normally takes effect at the end of your current paid billing period, and access continues until then.

Subscription payments are non-refundable, and we do not provide refunds or credits for unused time, except where required by law or expressly agreed by us. If you believe a charge is incorrect, contact [email protected].

This subscription refund policy does not determine whether you must refund a buyer for a product purchased from you.

If a subscription payment fails, we may retry it and notify workspace administrators. We normally provide a seven-day grace period for past-due payments before restricting access. This does not prevent earlier suspension for fraud, security concerns or other breaches of these terms.

When your trial expires without a paid subscription, or your paid access ends following cancellation or non-payment, DeliveryKit restricts workspace functionality.

New checkout, delivery emails and existing buyer downloads stop while the workspace is billing-inactive. Restoring billing may restore access to files that have not been deleted and remain otherwise available.

Our standard file-retention periods are:

• Unconverted trials: files are scheduled for deletion 30 days after the trial ends.
• Ended paid access: files are scheduled for deletion 60 days after paid access ends.

These retention periods do not extend buyer access. Deleting files yourself, requesting account deletion, or removal required for legal or security reasons may result in earlier deletion.

Once files are deleted, you should not expect them to be recoverable. Reactivating a subscription does not restore deleted files.

We may retain certain account, transaction and other records for the purposes and periods described in our Privacy Policy, including legal and accounting obligations.

You are responsible for arranging alternative delivery or access for your buyers when necessary.

You must not use DeliveryKit to:

• Sell or distribute unlawful, fraudulent, stolen or infringing material.
• Distribute malware or content intended to compromise another person’s systems.
• Exploit children, distribute non-consensual intimate content, or threaten or harass people.
• Obtain unauthorised access to accounts, files or personal information.
• Send spam or use buyer information unlawfully.
• Evade fees, plan limits, payment controls or security measures.
• Disrupt the Service or place an unreasonable burden on its infrastructure.
• Conduct activities prohibited by the Stripe terms or restrictions applicable to your account.

Normal use of supported integrations and authorised automation is permitted.

We may investigate suspected violations and restrict or remove affected content or access where reasonably necessary.

Our Privacy Policy explains how we collect, use, share and retain personal information in connection with the Service, including information accessed through the Stripe app.

You are responsible for your own privacy obligations to buyers and other individuals whose information you provide to us. These terms do not replace any data-processing agreement required by applicable law.

DeliveryKit and its licensors retain ownership of the Service’s software, design, branding and other intellectual property, excluding Your Content.

During your authorised use, we grant you a limited, non-exclusive right to use the Service for your business, including selling and delivering your digital products.

You may not copy, resell or redistribute the Service itself, or reverse engineer it except where applicable law permits.

If you voluntarily provide suggestions about the Service, we may use them without payment or attribution. This does not transfer ownership of your files or other business content to us.

We will use reasonable care and skill in providing the Service. However, we do not guarantee uninterrupted or error-free operation, that every email will reach a buyer’s inbox, or that download controls will prevent all unauthorised copying.

Maintenance, network issues, third-party failures and events outside our reasonable control may interrupt the Service.

We may improve or change features. Where a change materially reduces your paid Service, or we discontinue it, we will provide reasonable advance notice where practicable. If we discontinue your paid Service before the end of a prepaid term for reasons unrelated to your breach, we will refund the unused portion of that term.

We may suspend or terminate access if you materially breach these terms, fail to pay amounts due, create a security risk, or use the Service unlawfully, or where we are required to do so by law or a service provider.

Where reasonably practicable, we will explain the reason and give you an opportunity to resolve the issue. We may act immediately where delay could cause harm or violate legal obligations.

Ending this agreement does not remove payment obligations already incurred. Provisions concerning ownership, outstanding payments, liability and disputes continue where necessary to give them effect.

To the extent permitted by law, neither party is liable under these terms for indirect or consequential losses, including lost profits, lost business opportunities or loss of goodwill.

DeliveryKit’s total liability arising from or relating to the Service or these terms is limited to the greater of:

• The DeliveryKit subscription and transaction fees you paid during the 12 months before the event giving rise to the claim; or
• CAD $100.

These exclusions and limits do not apply to fraud, wilful misconduct, or liability that cannot lawfully be excluded or limited. Nothing in these terms removes mandatory statutory rights.

If a third party brings a claim against DeliveryKit because Your Content infringes their rights, or because of your unlawful use of the Service, you agree to cover the resulting reasonable costs and damages to the extent caused by you.

We will promptly notify you of the claim and reasonably cooperate in its defence. You may not agree to a settlement that admits fault by DeliveryKit or imposes obligations on us without our written consent. This obligation does not apply to the extent a claim was caused by our own breach, negligence or misconduct.

Please contact [email protected] first so we can try to resolve a concern informally. This does not prevent either party from seeking urgent relief or exercising statutory rights.

These terms are governed by the laws of British Columbia and the federal laws of Canada applicable there.

Subject to any mandatory right to bring a claim elsewhere, disputes will be heard by the courts of British Columbia. These terms do not require binding arbitration or waive rights to participate in class proceedings.

We may update these terms as the Service or applicable requirements change.

For material changes, we will normally provide at least 30 days’ notice by email or a prominent notice in the Service. Changes required urgently for legal or security reasons may take effect sooner.

The notice will identify when the updated terms take effect. If you do not agree, you may stop using the Service and cancel your subscription before that date. Where legally required, we will obtain your express agreement.

These terms, together with any separate agreement expressly agreed between you and DeliveryKit, govern your use of the Service.

If a provision is unenforceable, the remaining provisions continue to apply. A failure to enforce a provision immediately does not waive the right to enforce it later.

We may transfer this agreement as part of a merger, reorganisation or sale of the business, provided the successor assumes our obligations. Otherwise, neither party may transfer this agreement without the other’s consent, which must not be unreasonably withheld.

Femke Design Limited, doing business as DeliveryKit

Email: [email protected]

Mail: 202 - 3750 Shelbourne Street, Victoria, British Columbia V9C 0R2, Canada