CAKE Platform Agreement
This Platform Agreement is made between Company and CAKE and governs your use of the Services. In this Platform Agreement, “Company” or “you” means the company that is applying for or has opened a CAKE Account to use the Services, and “CAKE” or “we” means GIMME CAKE CORP. and its affiliates, successors and assigns. By submitting your application to open a CAKE Account, you consent to this Platform Agreement, including the applicable Card Terms, and to receive all Notices and communications from CAKE electronically. Capitalized terms used in this Platform Agreement have the meaning provided in Section 5. We may update or replace this Platform Agreement with you by posting an updated version to our legal page.
You may only open and maintain a CAKE Account and use the Services if you accept this Platform Agreement.
1. SERVICES
The Services allow you to issue and manage Cards for your Users; manage expenses and reporting; and access, use, and connect Third-Party Services through your CAKE Account; and access other functionality through your CAKE Account. CAKE may change or provide new Services but will not materially diminish or remove Services without Notice except where necessitated by an Issuer or Third-Party Service Providers or required by law.
2. OPENING A CAKE ACCOUNT
2.1 Eligibility
Only companies organized and registered in Canada may apply for a CAKE Credit Card Account and use the Services. Individual consumers, sole proprietors, unincorporated partnerships, and companies organized and registered outside Canada are not permitted to use or attempt to open or use a CAKE Credit card Account or the Services.
Representations of Company
By submitting an application for a CAKE Credit Card Account, the natural person submitting the application represents and warrants in an individual capacity and as an authorized representative of Company that:
• Company is a business entity that is organized, registered, and located in Canada.
Company has a valid Business and Corporation number.
• Company is validly existing and in good standing in its jurisdiction of organization.
Company is not engaged in any Prohibited Activities.
• The natural person who applies for a CAKE Account on Company’s behalf is authorized to provide information about Company, submit the application on behalf of Company, enter into binding agreements on behalf of Company, and manage Company’s CAKE Account.
• The natural person who applies for a CAKE Account on Company’s behalf is not and is not affiliated with a Prohibited Person.
• All information you provide to us is and will be current, accurate, and complete.
• Company will use its CAKE Account exclusively for business purposes and not for any personal, family, or household use.
• You have reviewed this Platform Agreement and the terms, agreements, or policies incorporated by reference.
2.2 Requirements
You will need to provide Company Data and certain Personal Data and connect at least one Linked Account when submitting an application for a CAKE Account. Company Data may include business information (such as registered business name and state of incorporation for Company, the business address, ownership details, actual or anticipated revenue, the nature of the business, and details from Linked Accounts and other business information we may request from time to time), Personal Data (such as the name, contact information, and date of birth of Users or beneficial owners), and documentary information used to verify business and Personal Data (such as corporate registration certificate, proof of address, or personal identification).
We provide Company Data and Personal Data to Issuers and Third-Party Service Providers to determine your eligibility for the Services and Cards. We may approve or deny your application or grant you provisional access to the Services or your CAKE Account while your application is pending additional review. CAKE and Issuers rely on the accuracy of Company Data and Personal Data when opening and maintaining your CAKE Account. We may deny Applications, interrupt provision of the Services to you, or suspend or close your CAKE Account for any reason including where Company Data or Personal Data is incomplete, inaccurate, or out of date. You will keep Company Data and each User’s Personal Data current, complete, and accurate in your CAKE Account whether we provide you with full or provisional access.
If you successfully open a CAKE Account through a referral from an existing CAKE customer or referral partner, you acknowledge and agree that CAKE may provide Company Data about you to the CAKE customer that referred you, confirming that you successfully opened a CAKE Account and/or met other criteria required by the referral link or other referral method, such as completing a minimum required payment.
We will disclose Fees to you when opening your CAKE Account or through our website. Except where agreed upon in a writing executed by both parties, we may change Fees upon thirty days’ Notice to you.
Verification and validation of information
CAKE and its Program Partners rely on the accuracy of the information you provide when opening and maintaining your CAKE Account. You acknowledge and agree that we may use and provide Company Data and Personal Data to Program Partners and Third-Party Service Providers to validate the information you have provided and determine your eligibility for the Services, as described in the Privacy Policy.
We may approve or deny your application or grant you provisional access to the Services or your CAKE Account while your application is pending additional review. We may deny your application, interrupt provision of the Services to you, or suspend or close your CAKE Account where the information you provided is incomplete, inaccurate, or out of date.
Consent to electronic signature and communications:
You agree that submitting your application for a CAKE Account and indicaticating consent to this Platform Agreement constitutes your electronic signature. You also agree that your electronic consent has and will have the same legal effect as a physical signature. You consent to us providing Notices and account statements to you electronically, and understand that this consent has the same legal effect as would a physical signature.
3. MANAGING YOUR CAKE ACCOUNT
You must specify at least one Administrator to manage your CAKE Account when submitting your Application. Administrators can add, remove, or manage additional Administrators and Users; request and manage Cards; set or change spending limits; view transactions; run reports and download statements; provide or update Company Data; connect Linked Accounts, Third-Party Services, and other accounts to your CAKE Account; and perform other tasks on your behalf. . In the event that an individual designated as an Administrator no longer has such requisite organizational power and authority, Company must notify us promptly and designate another Administrator for the CAKE Account.
1. Administrators must monitor Company’s CAKE Account activity and statements as required by applicable Program Terms. Certain Services include additional permission levels and authorizations. If you use these Services, Administrators on your CAKE Account will be able to authorize and assign Users these permission levels and authorizations.
2. You are responsible for any actions or failure to act on the part of Administrators, Users, and those using credentials issued to Users to access Company’s CAKE Account.
3. Users may use Company’s CAKE Account, transact, and use the Services only for valid, lawful, bona fide business purposes on Company’s behalf. Users may not use the Services for personal, family, or household purposes. Users must accept and comply with the User Terms.
3.1 Security and Monitoring your CAKE Account
You will keep your CAKE Account and Cards secure and only provide access to individuals that you have authorized to use Cards on your behalf. You will immediately disable User access to the Services or reduce spending limits where you know or believe your CAKE Account or Cards have been compromised or stolen or may be misused; and you will promptly notify us of any unauthorized access or use. We may help you resolve unauthorized transactions using your Cards, but you are ultimately responsible for financial loss caused by Administrators, Users, or other persons given access to the Services, your CAKE Account, or Cards. We may suspend access to your CAKE Account or Cards if we believe your CAKE Account or Cards have been compromised or that not doing so may pose a risk to you, CAKE, Issuers, or any third parties.
3.2 Transactions and Prohibited Activities
Only companies organized and registered in Canada may apply for a CAKE Account. Consumers, sole proprietors, unincorporated partnerships, and companies registered outside Canada are not permitted to use, or attempt to open or use, a CAKE Account.
Though we may provide Security Procedures, we cannot guarantee that you will not become a victim of fraud. You are solely responsible for all transactions initiated through the Services using Credentials and for all transactions initiated in your name that are authenticated using the Security Procedures you choose.
Your CAKE Account, Services, and Cards may only be used for the Company’s bona fide business purposes. Your CAKE Account, Services, and Cards may not be (a) used for any purpose that is unlawful or prohibited by this Platform Agreement or the Card Terms; (b) used for any personal, family, or household use; (c) provided to or used for the benefit of an individual, organization, or country that is blocked or sanctioned by Canada; (d) used by unaffiliated third parties; or (e) used for any other activities not for the benefit of the Company.
We will not approve and may close CAKE Accounts that we know or believe are engaged in any of the prohibited activities identified in the Prohibited Activities List. Where a Company is engaged in certain restricted activities, CAKE may require that you provide additional information to open or maintain your CAKE Account. We may update the list of prohibited or restricted activities at any time. You agree to review this regularly and contact us with any questions you have about how this list may apply to Company’s business.
We may suspend or terminate access to your CAKE Account or Cards if we believe this section was violated or if required by an Issuer. You agree to pay all Fines imposed on CAKE by Issuers, regulators, or government agencies for your violation of this section.
3.3 Identification as Customer
We may publicly reference you as a CAKE customer on our website or in communications during the term of this Platform Agreement. We will not express any false endorsement or partnerships. You grant CAKE a limited license to use Company trademarks or service marks for this purpose.
Please notify us if you prefer that we not identify you as a CAKE customer and we will remove references to you on our website or in communications.
3.4 Fees and Disclosures
We may assess Fees for some Programs or Services, including periodic fees, usage fees, service fees, and fees applicable to certain transactions. We may also assess Fees for late or failed payments, or misuse of your CAKE Account or the Services. We will disclose Fees to you when opening your CAKE Account, when you start using a new Service, or through our website. We may update, add, or change Fees upon 30 days’ Notice to you.
Any accrued or incurred Fees will be reflected on your statements for the applicable Program and included in the amounts you owe CAKE under such Program.
3.5 Rewards
CAKE may determine when, how, and under what conditions you may qualify for, accrue, redeem and retain rewards, and CAKE may modify these conditions with or without Notice to you. Certain Programs or Services may not be eligible for rewards. Rewards may be subject to caps, revocation, or forfeiture as set forth in the Rewards Terms. All rewards offered are subject to the Rewards Agreement.
3.6 Ownership and License
CAKE and licensors own all CAKE Property. You, Administrators, and Users may use CAKE Property only as and for the purposes provided in this Platform Agreement and the Card Terms. You may not modify, reverse engineer, create derivative works from, or disassemble CAKE Property; or register, attempt to register, or claim ownership in CAKE Property or portions of CAKE Property.
CAKE grants you a nonexclusive and nontransferable license to use CAKE Property as provided through the Services and as permitted by this Platform Agreement. This license terminates upon termination of this Platform Agreement unless terminated earlier by us.
3.7 Data
The Card Networks, CAKE, and Issuers collect Company Data through your use of the Cards, the Services, and Third-Party Services. We may use Company Data (a) to provide Services to Company and Users; (b) for underwriting, identity verification, internal reporting and analysis, and fraud prevention; (c) as needed in dispute resolution; and (d) for development of products and services, including data products.
We provide Company Data to Issuers, Card Networks, and other third parties: (a) to provide the Services to you, or as required by law or Card Network rules; (b) for internal analytics and reporting; (c) to obtain additional information about a Company; (d) report Company performance to credit reporting agencies and credit rating agencies, where appropriate. CAKE may include De-Identified Data in both public and private reports where such De-Identified Data cannot be reasonably used to identify Company or Users. We will not share any Company Data with third parties for marketing unaffiliated products without your consent but may use Company Data to identify Services, Third-Party Services, programs that we believe may be of interest to you, including as part of a rewards or benefits program. Where Company Data is shared with third parties, CAKE will implement controls to reduce the risk of loss or accidental disclosure.
You grant CAKE a worldwide, irrevocable license to use, modify, distribute, copy, and create derivative works from Company Data for the purposes identified in this Platform Agreement.
3.8 Beta Services and Feedback
Beta Services may be made available to you. Any Beta Services are provided to you AS IS and without warranty. We may use any Feedback about the Services or Beta Services freely and without restriction. Except where specifically notified by us, we will not compensate or credit you for Feedback you provide us.
3.9 Privacy
Collection, use, and handling of Personal Data is described in our privacy policy. Please review our privacy policy and contact us if you have any questions.
3.10 Changes to the Services
We may add Programs or Services or modify existing Programs or Services at any time. Some of these Services will be subject to Additional Terms. You acknowledge and understand that in order to use certain Services, you must agree to the Additional Terms that we will provide separately from this Platform Agreement, and which will be incorporated by reference and form a part of this Platform Agreement.
We do not guarantee that each of the Services will always be offered to you, that they will be available to you, or that you will qualify or be able to utilize any particular Service. Services will change from time to time, and certain Services may be discontinued or others may be added.
3.11 Notices and Communication
We will provide Notices regarding certain activity and alerts to your CAKE Account electronically through your CAKE Account, email, push notification, or via text or SMS to the contact information provided to us by Administrators and Users.
Notices regarding payments, legal terms, and any other important Notices related to your Company’s CAKE Account will be sent to certain Administrators through your CAKE Account or email and are considered received 24 hours after they are sent. You understand that you may not use the Services unless you consent to receive Notices electronically. You may only withdraw consent to receive Notices electronically by closing your CAKE Account.
We may send Notices to Users’ mobile phones through push notifications, text or SMS messages to the mobile phone numbers provided to us by Administrators or Users. These Notices may include alerts about Services or transactions, and may allow Administrators and Users to respond with information about transactions or Company’s CAKE Account. You authorize Users to take any available actions, subject to limitations based on permissions and authorization. Users may elect to not receive certain Notices via text or SMS, but this will limit the use of certain Services and may increase the financial risks to Company including losses caused by lost or stolen Credentials.
We may send text or SMS messages to Users in connection with use of Credentials (such as through multi-factor authorization), to allow us to verify their identity, to provide other information about your CAKE Account or in connection with Programs, and for other purposes that we identify and that are available through your CAKE Account.
Administrators and Users are required to maintain updated web browsers, computers, and mobile device operating systems to receive Notices correctly. Administrators and Users are responsible for all costs imposed by their respective Internet or mobile service providers for sending or receiving Notices electronically.
Contact us immediately if you are or believe you are having problems receiving Notices.
3.12 Updates to Company Information
You will keep Company Data and each User’s Personal Data current, complete, and accurate in your CAKE Account at all times whether we provide you with full or provisional access. At any time during the term of this Platform Agreement and your use of the Services, we may require additional information from you, including Company Data (such as copies of government-issued identification, business licenses, or other information related to your business) and Personal Data (such as copies of government-issued personal identification and proof of address) to verify Beneficial Owners or Control Persons, validate information you provided, verify the identity of Administrators or Users, and assess Company’s financial condition and business risks.
Notification of corporate and business changes
Company must be duly organized and in good standing under the laws of its jurisdiction of organization throughout the term of this Platform Agreement.
You will promptly notify us in writing if any of the following occur:
• The nature of your business changes significantly.
There is any change of Beneficial Owners or Control Persons.
• There is any material change in the control or ownership of your business (whether direct or indirect) or you transfer or sell 25% or more of your total assets.
• There is any planned or anticipated liquidation, or voluntary bankruptcy or insolvency proceeding.
• You are the subject of an inquiry, proceeding, investigation, or enforcement action promulgated by any regulatory authority.
• You are party to a litigation in which claims are asserted that would, if sustained in a legal proceeding or alternative dispute resolution forum, result in a material impact to Company’s financial condition.
• You receive a judgment, writ or warrant of attachment or execution, lien, or levy against 25% or more of your total assets.
You begin engaging in any of the Prohibited Activities or Restricted Activities.
3.13 Beta Services and Feedback
We sometimes release Beta Services in order to test new products, features, and programs, and we may make these Beta Services available to you to get your Feedback. We may change or discontinue Beta Services at any time. Beta Services are confidential until we publicly announce the products, features, or programs, and if you use Beta Services, you agree to keep information about the Beta Services confidential. Any Beta Services are provided to you AS IS and without warranty. We may use any Feedback about the Services or Beta Services freely and without restriction. Except where specifically notified by us, we will not compensate or credit you for Feedback you provide to us.
3.14 Content
Information provided on our website and in other communications from us is for information purposes only. We believe it to be reliable, but it may not always be entirely accurate, complete or current. We may change or update information from time to time without Notice. You should verify all information on our website and in other communications from us before relying on it. You are solely responsible for all of your decisions based on information provided on our website and in other communications from us, and we have no liability for such decisions.
Information we provide on our website and in other communications to you may contain third-party content or links to third-party sites and applications. We do not control any such third-party content, sites, or applications, and we are not responsible or liable for the availability, accuracy, completeness, or reliability of third-party content or for damages, losses, failures, or problems caused by, related to, or arising from such third-party content or the products or practices of third parties.
3.15 Assignment
You may not transfer or assign (by operation of law or otherwise) this Platform Agreement or any of your rights or obligations hereunder, or operation of your CAKE Account, without CAKE’s prior express written consent. If you wish to make such a transfer or assignment, or the ownership of Company is changing, you must give us prior written notice. If we consent to such a transfer or assignment, the assignee or successor must assume all of Company’s rights, obligations, and liabilities under this Platform Agreement and your relationship with CAKE, and will be bound by all the terms of this Platform Agreement. CAKE may assign, pledge, or otherwise transfer this Platform Agreement or any of its rights and powers under this Platform Agreement without restriction and without providing Notice to you. Any such assignee or successor will have all rights as though originally named in this Platform Agreement instead of CAKE.
3.16 Term and Termination
This Platform Agreement is effective when you start an application for a CAKE Account and continues until terminated by either you or us, in accordance with the Program Terms or as set forth in this Platform Agreement.
You may terminate this Platform Agreement by ceasing to use the Services, paying all amounts owed, and providing notice to us. We may decline to close your CAKE Account if you have a negative balance in respect of any Service, if any funds that we are holding on your behalf are subject to a hold, lien or other restriction, or if we believe that the CAKE Account is being closed to evade any legal or regulatory requirement or investigation.
CAKE may terminate this Platform Agreement and terminate access to your CAKE Account or the Services at any time and for any reason by providing you Notice. If we believe you violated this Platform Agreement or the applicable Program Terms, or if required by one of our Program Partners or by law, we may terminate access to your CAKE Account without prior Notice.
You are responsible for all Charges, Fees, Fines, and other losses caused by your action or inaction prior to termination, and for any costs we may incur in the process of closing your CAKE Account upon termination by you or us.
In the event that this Platform Agreement is terminated, except as expressly provided herein, the applicable Program Terms will immediately terminate (other than sections that survive termination).
3.17 Disclosures about the Services
Some Programs or Services provided by CAKE may require use of other Programs or Services. We do this because some of our Services serve as a way to access other Services. For example, when you sign up for a CAKE Cash Account, we will issue you Cards as a way to access funds in your CAKE Cash Account. We will disclose any such required additional Programs or Services to you before you use such Programs or Services.
3.18 Credit Reporting
We may report Company payment history and performance to one or more credit reporting agencies.
4. GENERAL PROVISIONS
4.1 Limitation of Liability
CAKE is not liable to you for consequential, indirect, special, exemplary, or punitive damages, lost profits, or lost revenue arising from or related to your use of or inability to use Services or Cards, lost profits or reputational harm, physical injury or property damage, or any other losses or harm arising from or related to this Agreement, whether or not we were advised of their possibility by you or third parties. Our maximum liability to you for under this Platform Agreement is limited to the greater of the total amount of Fees actually paid by you to CAKE in the three months preceding the event that is the basis of your claim or $5,000 . These limitations apply regardless of the legal theory on which your claim is based.
4.2 Representations and Warranties
You represent and warrant that (a) Company is and will continuously throughout this Platform Agreement be duly organized and in good standing under the laws of its jurisdiction of incorporation, (b) Administrators have requisite organizational power and authority to conduct business and manage Company’s CAKE Account, (c) you are opening an account on behalf of a Company organized and registered in Canada and that you are not opening an account as a consumer, sole proprietor or unincorporated partnership; (d) you and Users will not engage in activities prohibited by this Platform Agreement, and (e) Company Data provided to CAKE is complete, accurate, and current.
4.3 Disclaimer of Warranties by CAKE
THE SERVICES, CAKE PROPERTY, AND BETA SERVICES ARE PROVIDED TO YOU AS IS _AND _AS AVAILABLE. CAKE DISCLAIMS ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF SERVICES, CAKE PROPERTY, AND BETA SERVICES AND NOTHING IN THIS PLATFORM AGREEMENT WILL BE INTERPRETED TO CREATE OR IMPLY ANY SUCH WARRANTY TO YOU.
THIRD-PARTY SERVICES ARE NOT PROVIDED OR CONTROLLED BY CAKE. CAKE DOES NOT PROVIDE SUPPORT FOR AND DISCLAIMS ALL LIABILITY ARISING FROM FAILURES OR LOSSES CAUSED BY THIRD-PARTY SERVICES.
CAKE DISCLAIMS ALL WARRANTIES AND DOES NOT GUARANTEE THAT (A) SERVICES AND DATA PROVIDED UNDER THIS PLATFORM AGREEMENT ARE ACCURATE OR ERROR-FREE; (B) THE SERVICES WILL MEET YOUR SPECIFIC NEEDS OR REQUIREMENTS; (C) THE SERVICES WILL BE USABLE BY COMPANY, ADMINISTRATORS, OR USERS AT ANY PARTICULAR TIME OR LOCATION; (D) SPECIFIC MERCHANTS WILL PERMIT PURCHASES USING CARDS ISSUED BY AN ISSUER; (E) SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM HACKING, VIRUSES, OR MALICIOUS CODE; AND (F) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, EVEN WHEN WE ARE ADVISED OF SUCH DEFECTS.
4.4 Indemnification
You agree to indemnify and defend CAKE (including our affiliates, employees, contractors, and Third-Party Service Providers) against losses arising out of or relating to claims, proceedings, suits, or actions brought by or initiated against CAKE by any third party due to your breach of this Platform Agreement, or an Administrator’s or User’s breach of obligations owed under this Platform Agreement, a User Agreement, the Card Terms or any other agreements with CAKE; for amounts owed by Company to third parties; for acts or omissions of Administrators, Users, or other Company employees or agents; for Company’s use of Third-Party Services; or for disputes over Charges between Company and merchants.
4.5 Governing Law and Venue
This Platform Agreement will be construed, applied, and governed by the laws of the Province of Ontario exclusive of its conflict or choice of law rules except to the extent that Canadian law controls. Subject to Section 4.6, all litigation will be brought in the state or federal courts located in Ontario, Canada.
4.6 Binding Arbitration
4.7 Legal Process
We may respond to and comply with any legal order we receive related to your use of the Services, including subpoenas, warrants, or liens. We are not responsible to you for any losses you incur due to our response to such legal order. We may take any actions we believe are required of us under legal orders including holding funds or providing information as required by the issuer of the legal order. Where permitted, we will provide you reasonable Notice that we have received such an order.
4.8 Assignment
CAKE may assign, pledge, or otherwise transfer this Platform Agreement or its rights and powers under this Platform Agreement without providing Notice to you. Any such assignee will have all rights as if originally named in this Platform Agreement instead of CAKE. You may not assign this Platform Agreement or rights provided, or delegate any of its obligations, without CAKE’s express written consent.
4.9 Headings and Interpretation
Except where otherwise specified, all references to sections or provisions refer to this Platform Agreement or the applicable incorporated terms. The phrases including, for example, or such as do not limit the generality of the preceding provision; the word or will be read to mean either… or… or any combination of the proceeding items; and provisions listing items and using and require all listed items.
All monetary amounts owed under this Platform Agreement will be made in US Dollars (USD).
This Platform Agreement, including incorporated terms, comprises the entire understanding of the parties with respect to the subject matter described and supersedes all other proposals or previous understandings, written or oral, between the parties. In the event that this Platform Agreement is terminated, the Card Terms will immediately terminate.
4.10 Changes to this Platform Agreement
We may modify this Platform Agreement or provide another agreement governing your use of the Services or any portion of them by providing you Notice. Any Administrator’s or User’s continued use of the Services or Cards constitutes your consent to the revised Platform Agreement.
Any waiver, modification, or indulgence that we provide to Company, of any kind or at any time, applies only to the specific instance involved and will not act as a general waiver or a waiver, modification, or indulgence under this Platform Agreement for any other or future acts, events, or conditions. Further, any delay by CAKE in enforcing our rights under this Platform Agreement does not constitute forfeiture of such rights.
4.11 Entire Agreement
This Platform Agreement constitutes the entire understanding between Company and CAKE for the subject matter described and no other agreements, representations, or warranties other than those provided in this Platform Agreement will be binding unless in writing and signed by Company and CAKE.
5.DEFINED TERMS
Capitalized terms in this Platform Agreement are defined as follows:
Administrator means the authorized signer that is authorized by you to manage your CAKE Account and act on behalf of the Company, including consenting to this Platform Agreement.
Beta Services means beta or pre-release products or services, which may contain features and functionality that are incomplete or subject to substantial change or discontinuation.
Cards means physical or virtual payment cards issued by an Issuer and managed through your CAKE Account.
Card Networks means the payment card networks including Visa or Mastercard.
Card Terms means the agreement between Company and the applicable Issuer for use of Cards identified on our website.
Charge means a payment for goods or services made to a merchant that accepts payments on the applicable Card Network.
Chargeback means a dispute that you initiate against a merchant for an unresolved dispute with the merchant or where a Charge is unauthorized.
Company or you means the company that is applying for or has opened a CAKE Account use the Services and manage Cards and is executing this Platform Agreement.
Company Data means information or documentation provided by the Company to CAKE, and which includes Financial Data and any Personal Data provided by Company, Administrators, and Users.
Consolidated Action means class arbitrations, class actions, or other action brought between multiple parties based on the same or similar legal claims, or the same or similar facts.
De-Identified Data means data derived from Company Data that has been anonymized or aggregated with other data and that can no longer be used to identify a specific company or individual.
Dispute means any dispute, claim, or controversy arising from or relating to this Platform Agreement, including any incorporated terms.
Feedback Means all feedback, suggestions, ideas, or enhancement requests you submit to us.
Feesmeans charges we impose on you for use of Services or your CAKE Account.
Financial Datameans Company’s bank balance, transaction, and account information accessible to CAKE through Linked Accounts or Third-Party Services.
Fines Means all fines, fees, penalties, or other charges imposed by an Issuer or regulatory authority arising from your breaching of this Platform Agreement (including the Card Terms) or other agreements you have with CAKE or an Issuer.
Issuer Means the bank that is a member of the Card Network indicated on Cards and is responsible for issuing the Cards to you.
Linked Account Means any account that is held with a financial institution or that provides financial data and is linked to or authorized for use through your CAKE Account.
Notice Means any physical or electronic communication or legal notices related to this Platform Agreement that are provided to you, Users, or Administrators through text or SMS, email, your CAKE Account, or by other means.
Periodic Statement Means the periodic statements identifying Charges, Fees, Fines, refunds, or other amounts owed or credited to your CAKE Account during each billing cycle.
Personal Data means data that identifies or could reasonably be used to identify a natural person.
Platform Agreement Means this Platform Agreement as amended.
Prohibited Activities List means the list of prohibited business types and activities posted on our website as updated from time to time that may render Company ineligible for a CAKE Account.
CAKE or we means CAKE Business Corporation.
CAKE Account means your corporate account with CAKE that is used to access Services including reviewing expenses and managing Cards.
CAKE Data means all data developed or collected by CAKE through the development or provision of Services, Cards, or Third-Party Services, or generated or recorded by the CAKE Platform, but which does not include Company Data.
CAKE Property Means the Services and related technology; CAKE Data; and copyrights, patents, trade secrets, trade or service marks, brands, logos, and other intellectual property incorporated into each of the foregoing.
Services Means the expense and corporate Card management services and all other services provided by CAKE through your CAKE Account.
Third-Party Services Means services and data provided by third parties connected to or provided through Services. Third-Party Services include accounting or expense management platforms (such as QuickBooks, Expensify, Xero, and NetSuite), payment processors and e-commerce platforms (such as i2C), money transmission service providers (such as Airwallex), and applications used to monitor Linked Accounts (such as Plaid, ForwardAI, & Zumrails).
Third-Party Service Provider Means an affiliate or other third party that assists us in providing the Services to you, that supports our internal operations, or that provides other services related or connected to, or provided through the Services and a CAKE Account.
Users Means any employees, contractors, agents, or other individuals permitted to use Services or Cards on your behalf.