Caterer terms
These terms apply to catering businesses that use Breakout to take orders (“you”). They form the agreement between you and Breakout, together with any price or set-up details we agree with you in writing, including by email. If the two differ, what we agreed in writing wins. You accept these terms when you start using Breakout.
1. The service
Breakout gives you an online order page with your name, logo, menu and prices, and a dashboard with your orders, prep lists, Purchase Order tracking, reports and order alerts. We set up your page from the information you give us. We may improve, change or remove features over time, and we'll tell you in advance about any change that significantly reduces what you get.
2. Your account
Keep your sign-in details private and tell us straight away if you think someone else has them. You're responsible for what is done in your dashboard with your sign-in.
3. Fees
- You pay the monthly fee, and any set-up fee, that we agreed with you in writing.
- Fees are charged monthly in advance, plus VAT if it applies, and are due within 7 days of the invoice.
- We don't take commission on your orders.
- We may change the monthly fee by giving you at least 30 days' notice by email. Any rate we agreed to hold for a set period stays fixed for that period.
- If a fee is more than 14 days overdue, we may pause your order page after telling you by email. We switch it back on once the fee is paid.
4. Ending the service
Unless we agreed a fixed period in writing, the service runs month to month. Either of us can end it by giving 30 days' notice by email. Fees already paid aren't refunded for part of a month. We may end the service straight away if you seriously or repeatedly break these terms, or use Breakout for anything unlawful.
When the service ends, your order page stops taking orders. If you ask within 30 days, we'll send you an export of your orders. After that we delete your data, except anything we must keep by law.
5. What you're responsible for
- your menu, descriptions, prices, VAT rates, delivery charges and terms of sale being accurate and up to date
- allergen information, and meeting food safety, hygiene, labelling and registration rules
- preparing and delivering orders, and dealing with your customers, including changes, cancellations, refunds and complaints
- your invoices, VAT and tax
- checking your dashboard for new orders. Email and WhatsApp alerts are a convenience and can be delayed or not arrive, so don't rely on them alone
- having the right to use any logo, photos or text you give us
6. Card payments
If you switch on card payments, customers pay into your own SumUp or Square account under your agreement with that provider, including its fees. Breakout never receives, holds or moves your money, and we are not a payment service. Refunds, chargebacks and disputes are between you, your customer and your provider.
7. Showing your business as an example
Your order page is public so your customers can find it. We will only feature your name or logo elsewhere on breakout.ie, or in our marketing, if you agree to it. You can withdraw that agreement at any time by emailing us.
8. Your customers' personal data
You are the controller of your customers' order details. Breakout processes them on your behalf, only to provide the service described in these terms, which are your instructions to us. We will:
- keep the data confidential, and make sure anyone working on Breakout does too
- protect it with appropriate security, including encrypted connections and encrypted storage of payment keys
- use these sub-processors, and tell you before adding or replacing one so you can object: MongoDB Atlas (database), Vercel (hosting), Resend (email) and Twilio (WhatsApp alerts). Your payment provider is your own, not our sub-processor
- help you respond to people exercising their data protection rights, and with security and data protection obligations, as far as we reasonably can
- tell you without undue delay if we become aware of a personal data breach affecting your data
- delete or return the data when the service ends, as set out in section 4
- give you the information you reasonably need to show these obligations are met
Our privacy policy explains to your customers how their information is handled.
9. Availability
We work to keep Breakout running and to fix problems quickly, but we can't promise it will always be available or free of errors. We sometimes need to carry out maintenance. Breakout relies on other services, such as hosting, email, WhatsApp and your payment provider, and we're not responsible when those fail.
10. Liability
We are not liable for indirect or consequential loss, or for loss of profit, revenue, orders, customers, goodwill or data. Our total liability to you in any 12 months is limited to the fees you paid us in the 3 months before the event that caused the claim.
You agree to cover Breakout's reasonable costs and losses arising from claims by your customers or others about your food, allergens, food safety, deliveries, prices, refunds, or anything you supplied for your order page.
Nothing in these terms limits liability that the law does not allow to be limited.
11. Ownership
You own your name, logo, menu and content, and let us use them to run your order page and provide the service. We own the Breakout software, design and name. Your order data is yours.
12. Changes to these terms
We may update these terms by giving you at least 30 days' notice by email. If you don't accept a change, you can end the service before it takes effect.
13. General
These terms are governed by Irish law, and the courts of Ireland deal with any dispute. If any part can't be enforced, the rest still applies. Notices go by email: to us at kevinhoner@gmail.com, and to you at the email address you gave us.
Who we are
Breakout is run by Kevin Honer, trading as Breakout, Maynooth, Co. Kildare, Ireland. Email kevinhoner@gmail.com.