Terms of Service
These Terms of Service ("Terms") govern your access to and use of the Whizzly platform, tools, APIs, AI Creative Suite, storefront builder, and related services operated by WHIZZLY LTD, a company registered in England and Wales (company number 17380895, registered office: Starkie Chambers, Lancaster Road, Preston, Lancashire, PR1 1DA) ("Whizzly", "we", "us", or "our"). By creating an account, launching a storefront, or using any part of the platform, you agree to be bound by these Terms.
Whizzly Merely Provides Software Tools
Whizzly Ltd is solely a technology and software-as-a-service (SaaS) provider. Whizzly takes no responsibility and assumes zero liability for any sales, orders, service delivery, food preparation, pricing, customer communications, refunds, disputes, or actions and omissions of merchants.Whizzly is not a seller, merchant of record, broker, retailer, employer, food operator, or party to any transaction. All commercial transactions, bookings, and contracts are strictly and directly between the merchant and their customer.
Summary of Sections:
1.Acceptance of Terms
By accessing, browsing, registering for, or using Whizzly — including our web applications, storefront builder, merchant dashboard, AI tools, APIs, embed widgets, and mobile web experiences — you confirm that you are at least 18 years of age (or have reached the age of majority in your jurisdiction), possess the legal capacity to enter into a binding contract, and accept these Terms in full.
These Terms constitute a legally binding contract between you (the "Merchant", "User", or "You") and Whizzly Ltd ("Whizzly", "Company", "we", "us", or "our"). If you are using Whizzly on behalf of a business, company, or legal entity, you represent and warrant that you have full legal authority to bind that entity to these Terms.
2.Description of Service & Software Tool Status
Whizzly is a Software-as-a-Service (SaaS) provider offering digital software tools to enable independent businesses and entrepreneurs to build and run their own digital storefronts. Our platform provides tools including, without limitation:
- Digital storefront builder for physical goods, instant digital downloads & license vault delivery, appointment service bookings, and takeaway food menus.
- WhatsApp order docket generation, direct-to-chat checkout workflows, and automated vault delivery.
- Payment gateway integrations (Stripe Connect, Apple Pay, Google Pay, card processing, manual cash on delivery/bank transfer).
- In-person register POS tools (Counter Mode & Tap/QR checkout).
- Whizzly AI Suite (AI Receptionist Bot, Menu Scanner, Catalogue Copywriter, Cover Studio, Win-Back Engine, Local SEO Writer, AI Search & LLMs.txt Engine, and Co-Pilot).
- Booking calendar scheduling, dynamic sanitize/rest buffer times, and Google/Apple Calendar sync feeds.
- Dine-In Table QR Code ordering, postcode radius delivery gates, and live animated order status tracking.
- Accounting CSV exports (Xero, QuickBooks, Excel) and advertising tracking integrations (GA4, Meta Pixel, TikTok).
3.Account Registration, Eligibility & Security
To access the Whizzly dashboard and publish a storefront, you must create an account. You agree to:
- Provide accurate, truthful, current, and complete business and contact information.
- Maintain the confidentiality and security of your account credentials, password, and session access.
- Promptly update any information (e.g., WhatsApp number, store address, bank details) if changes occur.
- Accept sole and full responsibility for all activities, orders, edits, and communications that occur under your account.
- Notify Whizzly immediately at help@whizzly.co.uk if you suspect unauthorized access or a security breach.
Only one 14-day free trial account is permitted per business entity or individual. Whizzly reserves the right to suspend, terminate, or refuse registration to any user or account at its sole discretion.
4.Merchant Operational Independence & Sole Responsibilities
As a merchant operating a storefront via Whizzly software, you operate as a completely independent business entity. You are solely and exclusively responsible for:
- Product & Service Accuracy: The accuracy, legality, pricing, quality, safety, description, and suitability of all items, treatments, menu dishes, and services listed on your storefront.
- Order Fulfillment & Bookings: Preparing, packaging, dispatching, shipping, delivering, or executing all orders and service appointments booked through your storefront in a timely and professional manner.
- Food Safety & Allergen Compliance: Complying with all applicable food hygiene standards, local council regulations, and mandatory food allergen labelling (including all 14 statutory allergens under UK/EU law). You are solely responsible for ensuring allergen and dietary information displayed on your menu is accurate and up-to-date.
- Customer Service, Returns & Refunds: Handling all buyer enquiries, cancellations, returns, refunds, warranty claims, and disputes. You must maintain clear return and cancellation policies in accordance with the UK Consumer Rights Act 2015 and applicable consumer protection statutes.
- Licensing & Legal Compliance: Obtaining and maintaining all mandatory business licences, trade certificates, food hygiene registrations, age verification protocols (e.g., Challenge 25 for age-restricted items), and health & safety compliance.
- Taxation & Invoicing: Calculating, collecting, reporting, and remitting all applicable Value Added Tax (VAT), sales tax, duties, and local taxes arising from your storefront sales to HM Revenue & Customs (HMRC) or relevant tax authorities.
- Marketing & Data Privacy Consent: Ensuring that all customer marketing messages (including WhatsApp broadcasts, cart recovery alerts, and promotional newsletters) are sent only to individuals who have given lawful, explicit consent under UK GDPR and the Privacy and Electronic Communications Regulations (PECR).
5.Direct Storefronts (0% Commission Platform Policy)
Whizzly operates a clear, transparent commercial fee model:
Orders placed directly via your unique storefront link (yourstore.whizzly.co.uk), QR codes, social media bios (Instagram, TikTok, WhatsApp), or in-person Counter Mode POS incur 0% platform commission. 100% of your sales revenue goes directly to your bank account via Stripe or manual payment. Standard Stripe card processing fees apply directly with Stripe.
6.Whizzly AI Suite Terms, Tokens & Output Verification
Whizzly provides merchants with access to artificial intelligence capabilities ("AI Suite") including the 24/7 AI Receptionist Bot, Menu Photo Scanner, Catalogue Copywriter, Cover & Banner Studio, Win-Back Engine, Local SEO Assistant, Flow Builder, and Dashboard Co-Pilot.
- Token Compute Allowance: New trials receive 200 free starter tokens. Whizzly Pro accounts receive 1,000 refreshed AI tokens every billing cycle. Starter plans can purchase on-demand token top-up packs from £2.99 / 1,000 tokens or activate AI Unlimited (£9.99/mo). The Dashboard Co-Pilot is 100% free for all accounts (uses 0 tokens).
- Merchant Responsibility to Review AI Outputs: AI-generated outputs (including menu scans, product descriptions, automated chat answers, allergen notes, and marketing copy) are generated algorithmically. You are strictly required to review, verify, and approve all AI-generated content before publishing or transmitting it to customers.
- AI Disclaimers: Whizzly does not warrant that AI outputs will be completely error-free, factual, or legally compliant. Whizzly disclaims all liability for any errors, price miscalculations, allergen omissions, or defamatory content generated by AI tools.
7.Subscription Plans, Billing & Commercial Bolt-Ons
Access to Whizzly beyond the initial 14-day free trial requires an active paid subscription plan. Our current standard pricing tiers are:
0% commission, physical products, service bookings, takeaway menus, WhatsApp dockets, Stripe payouts, 250 MB cloud storage, 200 trial AI tokens, modular powerup add-ons (£1.49 – £9.99/mo), and 100% white-label storefronts.
Everything in Starter plus ALL 30+ powerups included £0 extra, 1,000 monthly AI tokens refreshed, 1,000 monthly WhatsApp message credits, 2 GB high-speed storage, VIP B2B wholesale pricing, deposit protection, calendar sync, and in-person POS.
Multi-Store Expansion: Additional store locations or secondary brands can be added to your Pro account for £9.99/month per site (60% discount).
Modular Bolt-Ons: Storage Booster (+1 GB for £1.49/mo), AI Token Booster (+1,000 tokens for £2.99), AI Unlimited (£9.99/mo), WhatsApp Message Booster (+1,000 messages for £4.99), and WhatsApp Unlimited (£9.99/mo) can be added on demand.
Billing Currency & Taxes: All subscription fees are billed in GBP (£) and are inclusive of applicable UK VAT unless specified. Subscriptions automatically renew each billing cycle until cancelled.
8.14-Day Free Trial, Cancellation & Refund Policy
All new merchant accounts receive a 14-day free trial of Whizzly Pro. No credit card is required to start the trial. You can test all tools, powerups, and the AI Suite during this period with zero financial commitment.
- 1-Click Cancellation: You may cancel your subscription at any time directly through the Billing tab in your Merchant Dashboard or via the Stripe Customer Portal.
- End-of-Period Access: Upon cancellation, your account and storefront will remain active until the end of your prepaid billing period.
- Refunds: Subscription fees, annual plan charges, and one-time token/storage booster purchases are non-refundable for partial or unused periods. If you believe a billing error occurred, contact help@whizzly.co.uk within 14 days of the charge.
9.Payment Processing & Third-Party Integrations
Whizzly integrates with third-party providers to facilitate payment processing, notifications, mapping, and AI compute:
- Stripe Connect & Payment Gateways: Online card processing, Apple Pay, and Google Pay are handled directly via Stripe Connect. Whizzly is not a bank, money transmitter, or payment processor, and does not hold or store credit card information. Your use of Stripe is subject to the Stripe Connected Account Agreement. Stripe's processing fees apply to your payments and are charged directly by Stripe, not by Whizzly (at the time of writing, 1.5% + 20p for standard UK cards; see stripe.com/gb/pricing for current rates).
- Meta / WhatsApp Cloud API: Storefront orders and customer notifications utilize the Meta / WhatsApp ecosystem. Merchants agree to abide by the WhatsApp Business Terms of Service and Meta Messaging Policies.
- External Services: Whizzly is not responsible for outages, rate limits, policy changes, or service interruptions caused by third-party integrations (Google Maps, Mailchimp, Apple Calendar, Stripe, or Meta).
10.Intellectual Property Rights
Whizzly Platform IP: All intellectual property rights in the Whizzly platform, code, architecture, UX/UI designs, logos, software, and documentation belong exclusively to Whizzly Ltd. You are granted a limited, non-exclusive, non-transferable, revocable license to access the platform solely for operating your storefront in compliance with these Terms.
Merchant Content: You retain full ownership of all trademarks, brand names, product photographs, menus, text, and data you upload to Whizzly. You grant Whizzly a worldwide, royalty-free license to host, display, resize, and transmit your content solely for the purpose of operating and displaying your storefront and fulfilling platform features.
11.Prohibited Uses & Content Policy
You agree NOT to use the Whizzly platform or storefront builder to:
- Sell illegal, stolen, counterfeit, hazardous, prescription-only, or prohibited items or services.
- Offer fraudulent, deceptive, multi-level marketing (MLM), or misleading commercial schemes.
- Send unsolicited bulk marketing messages, spam, or abusive communications via WhatsApp or email.
- Infringe upon the copyright, trademark, patent, or privacy rights of any third party.
- Attempt to scrape, reverse engineer, decompile, exploit, overload, or breach the security of Whizzly infrastructure.
- Upload malicious code, viruses, malware, or phishing links.
- Resell, sublicense, or rent access to Whizzly platform tools to unauthorized third parties without written authorization.
12.Complete Disclaimer of Warranties
Provided "As Is" and "As Available"
To the maximum extent permitted by applicable law, the Whizzly platform, software, AI tools, storefronts, and hosting are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express, implied, statutory, or otherwise.
Whizzly expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, uptime, server availability, data accuracy, or error-free operation. We do not guarantee that using Whizzly will result in any specific revenue, sales volume, or business success.
13.Limitation of Liability
Zero Responsibility for Merchant Sales & Actions: Whizzly merely provides technical tools. Under no circumstances shall Whizzly Ltd, its officers, directors, employees, agents, or suppliers be liable for:
- Any sales, transactions, contracts, non-delivery, food quality, food allergen reactions, or service cancellations between merchants and customers.
- Any disputes, chargebacks, customer claims, or refund demands arising from merchant operations.
- Any indirect, special, incidental, consequential, exemplary, or punitive damages.
- Loss of revenue, loss of business profits, loss of anticipated savings, goodwill, business interruption, or loss or corruption of data.
- Third-party outages, payment gateway disruptions, WhatsApp API downtime, or hosting infrastructure failures.
Aggregate Liability Cap: To the maximum extent permitted by law, Whizzly Ltd's total aggregate liability arising out of or related to these Terms, the platform, or your use thereof, shall be strictly limited to the total subscription fees paid by you to Whizzly in the three (3) months immediately preceding the event giving rise to the claim (or £50.00 GBP, whichever is greater).
14.Merchant Indemnification
You agree to defend, indemnify, and hold harmless Whizzly Ltd, its parent, subsidiaries, affiliates, directors, officers, employees, contractors, and agents from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and court costs) arising out of or in connection with:
- Your use of the Whizzly platform, tools, or dashboard.
- Any goods, items, food products, or services sold, delivered, or offered via your storefront.
- Any transaction, dispute, chargeback, or contract between you and your customers.
- Any food safety, hygiene, allergen, or health and safety violation or claim.
- Your breach or violation of these Terms or any applicable laws and statutory regulations.
- Any content, branding, images, or trademarks you upload that infringe third-party intellectual property or privacy rights.
15.Account Termination & Data Retention
Whizzly reserves the right to immediately suspend or terminate your account and take your storefront offline, with or without notice, if you breach these Terms, engage in fraudulent activity, or create legal exposure for Whizzly or other users.
You may close your account at any time via your Dashboard settings or by emailing help@whizzly.co.uk. Upon account cancellation or trial expiration without a paid plan, your storefront is deactivated. Your catalogue and customer data will be retained for thirty (30) days to allow for subscription renewal or CSV data export, after which it may be permanently deleted from our servers.
16.Governing Law & Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes) shall be governed by and construed in accordance with the laws of England and Wales.
Before initiating formal legal proceedings, you and Whizzly agree to attempt to resolve any dispute informally in good faith by emailing notice to help@whizzly.co.uk. If unresolved after thirty (30) days, the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.
17.Contact Information & Support
If you have any questions, legal notices, or feedback regarding these Terms of Service, please reach out to our team:
WHIZZLY LTD
Company Number: 17380895 (Registered in England & Wales)
Registered Office: Starkie Chambers, Lancaster Road, Preston, Lancashire, PR1 1DA
Official Support & Legal: help@whizzly.co.uk
Web Portal: whizzly.co.uk