TrulyServd Seller Agreement

Effective Date: 2026-05-07 Last Updated: 2026-05-07

Overview (Plain English)

This Seller Agreement is the contract between you (a home cook who wants to list food on TrulyServd) and 13809536 Canada Inc., the company that operates trulyservd.com. TrulyServd is a listing and discovery platform only — we help buyers find your food, but we do not process payments, deliver food, or take part in the transaction. Everything that actually happens with the food (preparing it safely, packaging it, handing it over, getting paid, handling complaints) is on you. To list, you must be an individual home cook (not a restaurant or commercial food business), you must verify your identity with government-issued photo ID, and you must hold a valid food handler's certificate at all times. By submitting a seller application or creating a seller account, you agree to everything below.

1. Parties and Definitions

This Seller Agreement ("Agreement") is entered into between:

• 13809536 Canada Inc., a corporation incorporated under the laws of Canada, operating under the trade name "TrulyServd" ("TrulyServd", "we", "us", "our", or the "Platform"), with its registered address at [VERIFY: physical mailing address required before publishing]; and
• You ("Seller", "you", "your"), an individual home cook who has applied to or has been approved to list food items on the Platform.

For purposes of this Agreement:

• "Buyer" means any person who browses, contacts a Seller, or submits a pre-order or expression of interest through the Platform.
• "Listing" means any food item, image, description, price, allergen disclosure, pickup or delivery information, or other content the Seller publishes through the Platform.
• "Service" means the Platform website, mobile applications, APIs, and related services made available at trulyservd.com.
• "Transaction" means any sale, exchange, payment, delivery, pickup, return, refund, or other arrangement between a Buyer and a Seller for food listed on the Platform.
• "Food Listing Guidelines" means the document of that name made available at trulyservd.com and incorporated by reference into this Agreement.
• "Terms of Service" means the TrulyServd Terms of Service made available at trulyservd.com and incorporated by reference into this Agreement.

Plain English Summary: This is a contract between you (an individual home cook) and the company that runs TrulyServd. It uses defined terms throughout — the most important ones are listed above.

2. Eligibility — Who Can Sell

2.1 Individual Home Cooks Only

The Platform is designed exclusively for individual home cooks preparing food in a residential or domestic kitchen on a small scale. You may register and list food on the Platform only if you are a natural person who:

(a) is at least eighteen (18) years of age; (b) has the legal capacity to enter into a binding contract under the laws of your province or territory of residence; (c) prepares the listed food personally, in a non-commercial setting; and (d) is in compliance with all applicable food-safety, zoning, business-licensing, and tax laws in your jurisdiction.

2.2 Who Cannot Sell

You may not register as a Seller, and your account will be denied or terminated if you are or operate as:

(a) a licensed restaurant, café, catering company, ghost kitchen, food truck, or any other commercial food-service operation; (b) a registered or unregistered food-manufacturing or food-processing business; (c) an entity (corporation, partnership, sole-proprietorship-as-business, cooperative, or other business form) rather than a natural person; (d) a reseller of food prepared by a third party; (e) a Seller listing on behalf of any of the above; or (f) a person prohibited from using the Service under the Terms of Service or applicable law.

The Platform reserves the right, at its sole discretion, to determine whether an applicant qualifies as an "individual home cook" for purposes of this Agreement, and to deny or revoke seller status accordingly.

Plain English Summary: TrulyServd is for individual home cooks — actual people cooking in their own home kitchen. Restaurants, catering businesses, food trucks, ghost kitchens, food-manufacturing companies, and resellers are not allowed. We decide who qualifies.

3. Verification Requirements

3.1 Required Documentation

As a condition of being approved and continuing as a Seller, you must provide and maintain on file with the Platform:

(a) a clear, legible copy of a valid government-issued photo identification (for example, a Canadian provincial driver's licence, provincial photo ID card, Canadian passport, or equivalent), confirming your full legal name, date of birth, and that you are at least 18; and (b) a clear, legible copy of a valid, current food handler's certificate issued by a public-health authority recognized in your province or municipality (for example, an Ontario public-health-unit-recognized certificate or equivalent course completion that satisfies local public-health requirements).

Both documents must be current and unexpired at all times during which your account is active.

3.2 Ongoing Validity

You agree to:

(a) provide updated documentation promptly upon expiry, renewal, or any material change (for example, a legal name change); (b) notify the Platform at [email protected] within seven (7) days if either document expires, is suspended, is revoked, or otherwise becomes invalid; and (c) cooperate with reasonable re-verification requests made by the Platform from time to time.

3.3 Consequences of Lapsed Verification

If your government-issued photo ID or food handler's certificate expires, lapses, is revoked, becomes invalid, or cannot be re-verified, the Platform may, at its sole discretion and without prior notice:

(a) hide all of your active Listings from public view; (b) move your account to INACTIVE or SUSPENDED status (see Section 8); and/or (c) terminate this Agreement and your account in accordance with Section 13.

3.4 Accuracy of Information

You represent and warrant that all information and documentation you provide for verification is true, accurate, current, and complete, and that you have the legal right to share it with the Platform. Submitting forged, altered, or misleading verification documents is grounds for immediate termination and may be reported to law enforcement.

Plain English Summary: Before you can sell, and the entire time you sell, you must give us (1) a valid government photo ID and (2) a valid food handler's certificate. Both must be current. If either expires or gets revoked, we can hide your listings, suspend your account, or terminate it. Faking documents is grounds for immediate termination.

4. Nature of the Platform — Not a Party to Transactions

4.1 Listing and Discovery Only

The Platform provides a listing and discovery service. Its role is limited to:

(a) hosting Listings you submit; (b) helping Buyers find Listings; and (c) facilitating initial contact between Buyers and Sellers.

4.2 No Payment Processing

TrulyServd does not process payments. The Platform does not collect, hold, transmit, escrow, or refund any money exchanged between a Buyer and a Seller. The Platform is not a payment processor, merchant of record, financial institution, money services business, escrow agent, or financial intermediary in respect of any Transaction.

4.3 Off-Platform Transactions

All Transactions — including payment, pickup, delivery, packaging, refunds, returns, exchanges, complaints, and dispute resolution — are arranged and conducted directly between the Buyer and the Seller, off the Platform. The Platform is not a party to any Transaction.

4.4 No Endorsement; No Inspection

The Platform does not prepare, inspect, taste, package, store, deliver, or quality-test any food. The Platform does not endorse, guarantee, certify, or vouch for any Seller, Listing, ingredient, claim, or food-safety practice. Verification under Section 3 confirms only that documentation was submitted; it is not an endorsement of your food, your kitchen, or your skills.

Plain English Summary: TrulyServd is just a listing site. We do not handle the money, the food, or the handover. Everything real happens directly between you and the buyer, off our platform. We are not part of the deal.

5. Listing Accuracy Obligations

5.1 General Standard

Every Listing you publish must be accurate, complete, current, and not misleading. You are responsible for the accuracy of every word, image, price, and disclosure in every Listing you submit.

5.2 Specific Requirements

For each Listing, you must:

(a) Photographs. Use photographs that show the actual food item the Buyer will receive. You may not use stock photos, AI-generated images, photos of food prepared by someone else, or photos that misrepresent portion size, presentation, or appearance. Photographs should reflect a typical preparation of the listed item. (b) Descriptions. Provide a truthful description of the item, including key ingredients, preparation method, expected portion size or weight, and any preparation steps required of the Buyer (for example, "reheat at 180°C for 15 minutes"). (c) Pricing. Display the price the Buyer will be asked to pay, in Canadian dollars unless otherwise clearly indicated, including any taxes you intend to collect. Prices must reflect what you actually intend to charge. (d) Allergen Disclosure. Provide complete and accurate allergen information, including (without limitation) the presence of, or potential cross-contact with, the priority food allergens recognized by Health Canada — peanuts, tree nuts, sesame seeds, milk, eggs, fish, crustaceans and molluscs, soy, wheat and triticale, mustard, sulphites — as well as any other ingredient a reasonable Buyer would need to know about (including animal products, alcohol, gluten, and ingredients to which a Buyer in your area commonly indicates sensitivity). Where you cannot guarantee freedom from cross-contact, you must clearly disclose that. (e) Pickup / Delivery Information. Accurately state your pickup location (or area), available windows, and any delivery options you personally offer. Do not promise logistics you cannot deliver. (f) Compliance with Food Listing Guidelines. Comply with the TrulyServd Food Listing Guidelines in full. To the extent a Listing does not comply with the Food Listing Guidelines, it does not comply with this Agreement.

5.3 Updates and Corrections

You must promptly update or remove any Listing that becomes inaccurate, including when ingredients, pricing, availability, or allergen profile change. Continuing to display a Listing that you know is inaccurate is a material breach of this Agreement.

5.4 Liability for Listing Content

You are solely and fully responsible for everything in your Listings. The Platform may, but is not required to, review Listings before or after publication, and any review the Platform performs is for its own purposes (for example, policy enforcement) and creates no duty owed to you or to any Buyer.

Plain English Summary: Your listings must be honest. Real photos of your real food. Honest descriptions. Honest prices. Complete allergen info — including potential cross-contact in your kitchen. Follow the Food Listing Guidelines. If something changes, update or remove the listing. You are 100% responsible for what you list.

6. Food Safety — Seller's Sole Responsibility

6.1 Acknowledgement

You acknowledge and agree that you are solely responsible for the safe sourcing, handling, preparation, cooking, packaging, labelling, storage, transportation, and delivery of every food item you list, prepare, sell, or otherwise make available through the Platform.

6.2 Compliance with Law

You agree, at your own cost, to comply with all applicable laws, regulations, by-laws, codes, and public-health orders that govern your activities, including (without limitation):

(a) the Safe Food for Canadians Act and Safe Food for Canadians Regulations (where applicable to your activities); (b) the Food and Drugs Act and the Food and Drug Regulations; (c) the Health Protection and Promotion Act (Ontario) and Ontario Regulation 493/17 (Food Premises), where applicable; (d) all applicable municipal by-laws and public-health-unit requirements (for example, requirements imposed by Toronto Public Health, Ottawa Public Health, or your local public-health unit) including any inspection, licensing, or "home kitchen" / "low-risk home prepared food" rules in force in your municipality; and (e) all federal, provincial, and municipal labelling, allergen-disclosure, and traceability requirements applicable to food you sell. [VERIFY: confirm specific Ontario / municipal home-kitchen rules with counsel before publishing]

6.3 What the Platform Does Not Do

The Platform does not:

(a) inspect your kitchen or your food; (b) verify your compliance with any food-safety law or local rule; (c) confirm that your municipality or province permits the type of home-cooked sale you are conducting; (d) provide food-safety advice or training; or (e) supervise, manage, or direct your food preparation in any way.

6.4 Self-Assessment of Local Legality

It is your responsibility to determine whether selling home-prepared food to the public is legal in your province and municipality, on what terms, and under what licences or permits. If you are uncertain, you should consult your local public-health unit and a licensed advisor before listing.

Plain English Summary: Food safety is 100% on you. You — not TrulyServd — must follow every food-safety and labelling law that applies to where you live and cook. We do not inspect your kitchen, train you, or check your local rules. If you're not sure whether selling home-cooked food is legal where you are, find out before you list.

7. Prohibited Listings

7.1 Categorical Prohibitions

You may not list, offer, or sell through the Platform any of the following:

(a) Alcohol of any kind, including dishes prepared with alcohol that retains a measurable alcohol content, alcohol-infused desserts, or alcoholic beverages; (b) Cannabis, cannabis-infused food, edibles, or any controlled substance, regardless of provincial cannabis-retail status; (c) Tobacco, vaping products, or nicotine products of any kind; (d) Raw or undercooked animal proteins (including raw meat, raw poultry, raw seafood, raw eggs, sushi-grade fish, ceviche, steak tartare, carpaccio, and similar items) where the preparation or service requires temperature control, commercial-kitchen handling, or licensing that exceeds your verified credentials and your kitchen's capacity to maintain food-safety standards; (e) Unpasteurized dairy or unpasteurized juice products to the extent prohibited by federal, provincial, or municipal law; (f) Foraged wild mushrooms, wild game, or wild-harvested ingredients unless you are personally licensed or otherwise legally permitted to sell them; (g) Pharmaceuticals, prescription items, supplements making medicinal or therapeutic claims, or food marketed as treating or curing any condition; (h) Items containing prohibited or unregistered additives, dyes, or substances under Canadian food law; (i) Items derived from endangered species or species protected under the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act; (j) Items that infringe a third party's intellectual-property rights (for example, branded or trademarked products you are not licensed to reproduce); and (k) Anything illegal under federal, provincial, or municipal law applicable to you, the Buyer, or the Platform.

7.2 Reference to Food Listing Guidelines

The Food Listing Guidelines may include additional categories of prohibited items, additional restrictions, and detailed labelling and presentation requirements. You agree to comply with the Food Listing Guidelines in full. In the event of any inconsistency between this Section 7 and the Food Listing Guidelines, the stricter standard applies.

7.3 Removal Without Notice

The Platform may remove any Listing it reasonably believes violates Section 7, the Food Listing Guidelines, or applicable law, without prior notice to you, and may impose status changes under Section 8.

Plain English Summary: No alcohol, no cannabis, no tobacco, no risky raw proteins, no medicinal claims, no foraged stuff you aren't licensed for, and absolutely nothing illegal. The Food Listing Guidelines have a longer list — follow it. We can pull listings that break the rules without warning.

8. Seller Status

8.1 Status Categories

Every Seller account is assigned one of three statuses at any given time:

(a) ACTIVE. The Seller is fully verified, in good standing, and able to publish, edit, and feature Listings. Listings appear in search and discovery. (b) INACTIVE. The Seller's account exists but is not currently selling. Listings are hidden from Buyers. INACTIVE status may result from voluntary pause by the Seller, expired or pending verification documents, prolonged inactivity, or administrative review. The Seller may continue to access and update their own profile and saved drafts. (c) SUSPENDED. The Seller's account is under enforcement action. All Listings are hidden, the Seller may be prohibited from creating new Listings or contacting Buyers, and access to certain account features may be restricted. SUSPENDED status is used for actual or suspected violations of this Agreement, the Terms of Service, the Food Listing Guidelines, or applicable law, and pending investigation of complaints.

8.2 Discretion to Change Status

The Platform may, at its sole discretion and at any time, change a Seller's status (including from ACTIVE to INACTIVE or SUSPENDED, or from SUSPENDED to terminated under Section 13), with or without prior notice, where it reasonably believes such change is appropriate — including in response to (a) lapsed or invalid verification documents; (b) Buyer complaints or food-safety incidents; (c) suspected violations of this Agreement, the Terms of Service, or the Food Listing Guidelines; (d) suspected violations of law; or (e) any other circumstance the Platform determines, acting reasonably, warrants action.

8.3 No Guaranteed Reinstatement

The Platform is under no obligation to restore a Seller from SUSPENDED to ACTIVE status. Reinstatement, if any, is at the Platform's sole discretion and may be conditioned on remediation steps, additional verification, or written undertakings.

8.4 Right to Remove Listings

Independently of any account-status change, the Platform may remove, hide, or restrict the visibility of individual Listings at any time, with or without notice, where it reasonably believes a Listing violates this Agreement, the Terms of Service, the Food Listing Guidelines, or applicable law, or where required to do so by law, regulator, or public-health authority.

Plain English Summary: Your account is ACTIVE, INACTIVE, or SUSPENDED. We decide which one, and we can change it at any time — usually because of expired documents, complaints, or rule violations. We can also pull individual listings without warning.

9. Independent Individual Status

9.1 No Employment Relationship

You and the Platform agree and acknowledge that the relationship created by this Agreement is strictly that of an independent individual using a software platform. Nothing in this Agreement creates, and the Parties expressly disclaim, any:

(a) employer-employee relationship; (b) principal-agent relationship; (c) independent-contractor / contracting-party relationship in which the Platform engages you to provide services to it; (d) partnership; (e) joint venture; (f) franchise; (g) fiduciary relationship; or (h) any other relationship that would render the Platform liable for, or in control of, your activities.

9.2 No Direction or Control

You acknowledge that the Platform does not direct or control: (a) when you cook; (b) what you cook; (c) how much you cook; (d) the recipes, ingredients, or methods you use; (e) the prices you set; (f) how, when, or where you hand over food to a Buyer; (g) which Buyers you accept or decline; (h) the equipment, kitchen, or tools you use; or (i) any other aspect of how you prepare or sell food. You set your own hours, your own menu, and your own terms.

9.3 No Benefits

You are not entitled to, and the Platform shall not provide, any of the following: salary or wages, vacation pay, statutory holiday pay, employment insurance benefits, Canada Pension Plan contributions on your behalf as an employer, workers' compensation coverage as an employer, health benefits, retirement benefits, severance, or any other benefit or entitlement that an employer would owe an employee.

9.4 Taxes — Your Responsibility

You are solely responsible for:

(a) reporting and remitting all income earned through Transactions, in accordance with the Income Tax Act (Canada) and any applicable provincial tax legislation; (b) determining whether you are required to register for, charge, collect, and remit Goods and Services Tax (GST) or Harmonized Sales Tax (HST) under the Excise Tax Act (Canada), and complying with all such requirements if applicable to you (including registration thresholds for "small suppliers"); [VERIFY: confirm with tax counsel whether seller-level GST/HST messaging is sufficient or whether platform has any deemed-supplier obligations for GST/HST or QST] (c) any provincial sales taxes, municipal taxes, or other levies applicable to your activities; (d) maintaining your own records, receipts, and documentation; and (e) seeking your own tax advice. The Platform does not provide tax advice and nothing in this Agreement should be interpreted as such.

9.5 Insurance

You are encouraged, and may be required by your municipality or insurer, to obtain and maintain appropriate insurance, including general liability and product-liability coverage, covering the preparation and sale of food. The Platform does not provide, arrange, or underwrite any insurance for you.

9.6 No Authority to Bind

You have no authority to act on behalf of the Platform, to bind the Platform to any contract, obligation, or representation, or to make any representation or warranty on the Platform's behalf. You agree not to hold yourself out as an employee, agent, partner, franchisee, or representative of TrulyServd or 13809536 Canada Inc.

Plain English Summary: You are an independent person using our website. You are not our employee, contractor, partner, agent, or franchisee. You set your hours, your menu, and your prices. You handle your own income tax and your own GST/HST if it applies to you. You are responsible for your own insurance. You can't speak for us or sign things on our behalf.

10. Seller Responsibilities to Buyers

Because the Platform is not a party to any Transaction, you are solely responsible for the entirety of your relationship with each Buyer. In particular, you agree to:

(a) Respond promptly. Reply to Buyer inquiries, pre-orders, and messages within a reasonable time and in good faith. (b) Honour your commitments. Honour the prices, portions, ingredients, allergen disclosures, pickup windows, and delivery commitments shown in your Listings, except where you communicate a change to the affected Buyer in advance and the Buyer agrees. (c) Handle complaints directly. Address Buyer complaints, refund requests, returns, exchanges, and other disputes directly with the Buyer, off the Platform, in good faith and in compliance with applicable consumer-protection law. (d) Provide truthful, complete information. Provide truthful, complete information at every step, including ingredients, allergens, source of any flagged ingredients, preparation method, and any matters specifically requested by a Buyer (for example, accommodation of a stated allergy, dietary restriction, or religious requirement). (e) Refunds and recalls. Deal fairly with refund and recall situations. If you become aware that food you sold may be unsafe, you must promptly contact every affected Buyer and your local public-health authority where required. (f) Cooperate with public health. Cooperate with any public-health authority investigating an incident involving your food. (g) No retaliation. Not retaliate against, threaten, or harass a Buyer who leaves a review, files a complaint, or contacts a public-health authority.

Plain English Summary: You handle the buyer relationship. Reply on time, deliver what you listed, deal with refunds and complaints yourself, and tell the truth — especially about allergens. If something goes wrong with the food, contact the buyer (and public health if required). Don't retaliate against unhappy buyers.

11. Platform Non-Liability

11.1 Acknowledgement

You acknowledge and agree that, because the Platform is a listing and discovery service only and is not a party to any Transaction:

(a) the Platform does not prepare, inspect, taste, package, store, transport, or deliver any food; (b) the Platform does not verify the truth of any Listing beyond the verification documents collected under Section 3; (c) the Platform does not process, hold, or refund any payment; (d) the Platform does not mediate, arbitrate, or resolve any dispute between a Buyer and a Seller; and (e) the Platform makes no representations or warranties about Buyers, including about a Buyer's identity, intent, ability to pay, or fitness to consume food prepared by a particular Seller.

11.2 Specific Risks Allocated to Seller

To the maximum extent permitted by applicable law, you assume all risk and responsibility for, and the Platform shall have no liability to you, to any Buyer, or to any third party for:

(a) any food-safety incident, including foodborne illness, contamination, mislabelling, undisclosed ingredient, or cross-contact; (b) any allergen exposure, allergic reaction, anaphylaxis, hospitalization, or related harm; (c) any payment dispute, non-payment, fraudulent payment, chargeback, or fee dispute between you and a Buyer; (d) any delivery, pickup, or fulfillment failure, including no-shows, late arrivals, lost items, theft, spoilage in transit, or temperature loss; (e) any personal injury, illness, property damage, or death arising from food you prepared, sold, delivered, or were involved with; or (f) any claim, demand, action, or proceeding brought by a Buyer, a third party, a regulator, or a public-health authority against you arising out of your activities.

11.3 Disclaimer of Warranties

Except as expressly stated in writing, the Service is provided to you on an "as is" and "as available" basis, with all faults and without warranty of any kind, whether express, implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted availability. Some jurisdictions do not permit the exclusion of certain implied warranties, and to that extent the foregoing exclusion may not apply to you.

11.4 Limitation of Liability

To the maximum extent permitted by applicable law:

(a) the Platform's total aggregate liability to you under or in connection with this Agreement, the Terms of Service, the Food Listing Guidelines, and your use of the Service, in respect of all claims of any kind arising from or relating to any of the foregoing, shall not exceed the greater of (i) one hundred Canadian dollars (CAD $100) or (ii) the total amount of fees, if any, you paid to the Platform in the twelve (12) months immediately preceding the event giving rise to the claim; and (b) in no event shall the Platform be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profit, loss of revenue, loss of goodwill, loss of data, or business interruption, arising out of or relating to this Agreement or your use of the Service, even if advised of the possibility of such damages.

11.5 Quebec / Consumer Protection Carve-Out

Nothing in this Agreement is intended to exclude or limit any liability that cannot lawfully be excluded or limited under applicable law, including (where applicable) the Consumer Protection Act (Ontario), the Consumer Protection Act (Quebec), or other mandatory consumer-protection legislation applicable to you. [VERIFY: confirm Quebec C.P.A. exposure with counsel — sellers based in Quebec or selling to Quebec residents may trigger additional protections]

Plain English Summary: TrulyServd is a listing site, not a food business. We're not on the hook if someone gets sick, has an allergic reaction, doesn't pay, doesn't show up, or sues you over your food. Our total liability to you is capped at the bigger of CAD $100 or the fees you paid us in the last year. Some consumer-protection laws still apply where the law says they have to.

12. Indemnification

12.1 Seller's Indemnity

You agree to indemnify, defend, and hold harmless 13809536 Canada Inc., TrulyServd, and their respective directors, officers, shareholders, employees, contractors, agents, successors, and assigns (the "Indemnified Parties"), from and against any and all claims, demands, actions, proceedings, suits, judgments, settlements, fines, penalties, losses, damages, liabilities, costs, and expenses (including reasonable legal fees on a solicitor-and-client basis) arising out of or relating to:

(a) any food you prepared, listed, sold, delivered, or otherwise made available through the Platform, including any food-safety incident, foodborne illness, allergen exposure, contamination, or mislabelling; (b) any Listing you submitted, including any inaccurate, misleading, false, infringing, defamatory, or unlawful content; (c) any Transaction between you and a Buyer, including any payment, refund, delivery, pickup, or dispute; (d) any breach by you of this Agreement, the Terms of Service, the Food Listing Guidelines, your representations or warranties, or any applicable law; (e) any claim brought against an Indemnified Party by a Buyer, third party, regulator, or public-health authority concerning your activities; and (f) any infringement or misappropriation of a third party's intellectual-property, privacy, or other rights by you or your Listings.

12.2 Procedure

The Platform shall give you reasonable notice of any indemnified claim and shall reasonably cooperate in the defence at your expense. The Platform reserves the right to assume the exclusive defence and control of any matter subject to indemnification, in which case you agree to cooperate with the Platform's defence. You shall not settle any indemnified claim that admits fault on the part of, or imposes any obligation on, an Indemnified Party without that Indemnified Party's prior written consent.

Plain English Summary: If you do something — list bad food, miss an allergen, break a law, lie in your listing — and someone sues us because of it, you cover our costs and any payouts. We'll loop you in if a claim comes up.

13. Term and Termination

13.1 Term

This Agreement begins on the earlier of (a) the date you submit a seller application or (b) the date you first access seller features, and continues until terminated in accordance with this Section 13.

13.2 Termination by Seller

You may terminate this Agreement at any time, for any reason or no reason, by:

(a) notifying the Platform in writing at [email protected]; or (b) deleting your seller account through the Platform (where that functionality is available).

You agree to give at least fourteen (14) days' notice where reasonably practicable, so that pending Buyer inquiries and pre-orders can be wound down.

13.3 Termination by Platform — For Convenience

The Platform may terminate this Agreement, your account, and your access to seller features at any time, for any reason or no reason, on thirty (30) days' written notice to your registered email address.

13.4 Termination by Platform — For Cause (Immediate)

The Platform may terminate this Agreement, your account, and your access to seller features immediately, without notice and without liability, where the Platform reasonably believes that you have:

(a) breached any provision of this Agreement, the Terms of Service, or the Food Listing Guidelines; (b) provided false, forged, expired, or invalid verification documents under Section 3; (c) failed to maintain a valid food handler's certificate or government-issued photo ID; (d) violated, or are reasonably suspected of violating, any applicable food-safety, consumer-protection, tax, or other law; (e) caused or been credibly alleged to have caused a food-safety incident, allergen exposure, or other harm to a Buyer; (f) engaged in fraud, deception, harassment, threats, or other misconduct toward Buyers, the Platform, or third parties; (g) repeatedly failed to honour Listings, Transactions, or commitments made to Buyers; (h) engaged in any prohibited activity under Section 7 or any list of prohibited activities in the Terms of Service or Food Listing Guidelines; or (i) otherwise engaged in conduct the Platform reasonably determines warrants immediate termination to protect Buyers, the Platform, or the public.

13.5 Effect of Termination

Upon termination of this Agreement, for any reason:

(a) all of your Listings shall be removed or hidden; (b) your access to seller features shall be revoked; (c) you remain responsible for completing or settling any Transaction already entered into with a Buyer prior to termination, in accordance with applicable law and your prior commitments; (d) you remain liable for any obligation accrued before termination, including under Sections 6, 9.4, 11, 12, and 14; (e) the Platform may retain your account, verification, and Listing data in accordance with the Privacy Policy and applicable record-keeping laws; and (f) the following sections survive termination: Section 1 (Definitions), Section 4 (Nature of the Platform), Section 6 (Food Safety), Section 9 (Independent Individual Status), Section 11 (Platform Non-Liability), Section 12 (Indemnification), Section 13.5 (Effect of Termination), Section 14 (Governing Law and Disputes), and Section 15 (General Provisions), together with any other provision that by its nature is intended to survive.

Plain English Summary: Either side can end this agreement. You can leave anytime (please give us about two weeks if you can). We can end it on 30 days' notice for any reason, or immediately if you break the rules, lie on verification, lose your food handler's certificate, or cause harm to buyers. After termination, your listings come down — but you still have to finish any deals you already made and you're still on the hook for anything you did before we ended things.

14. Governing Law and Disputes

14.1 Governing Law

This Agreement is governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws principles.

14.2 Jurisdiction

You and the Platform irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario sitting in Toronto, Ontario, in respect of any dispute arising out of or in connection with this Agreement, except that the Platform may seek injunctive or equitable relief in any court of competent jurisdiction.

14.3 Informal Resolution

Before filing any claim, you agree to first contact the Platform at [email protected] and attempt in good faith to resolve the dispute informally for at least thirty (30) days.

14.4 No Class Actions

To the maximum extent permitted by applicable law, you and the Platform agree that any dispute will be resolved on an individual basis, and not as part of a class, consolidated, or representative action. [VERIFY: enforceability of class-action waiver in Ontario / Quebec consumer contracts — counsel review required]

14.5 Language

The Parties have requested that this Agreement and all related documents be drawn up in English. Les parties ont demandé que la présente convention ainsi que tous documents s'y rattachant soient rédigés en anglais. [VERIFY: French-language requirements for Quebec-resident sellers under Charter of the French Language / Bill 96]

Plain English Summary: Ontario law applies. Disputes go to Ontario courts in Toronto. Before suing, contact us first and try to work it out for 30 days. We're asking you to sue individually, not as a class.

15. General Provisions

15.1 Entire Agreement

This Agreement, together with the Terms of Service, the Privacy Policy, the Cookie Policy, and the Food Listing Guidelines, constitutes the entire agreement between you and the Platform with respect to your use of seller features, and supersedes all prior or contemporaneous understandings, communications, and agreements (whether written or oral) on that subject.

15.2 Order of Precedence

In the event of conflict between documents, the order of precedence is: (1) this Seller Agreement; (2) the Food Listing Guidelines; (3) the Terms of Service; (4) the Privacy Policy and Cookie Policy. Where one document imposes a stricter food-safety, listing-accuracy, or compliance obligation than another, the stricter obligation applies.

15.3 Amendments

The Platform may amend this Agreement from time to time by posting a revised version at trulyservd.com and/or notifying you by email. The revised Agreement is effective upon posting (or such later date as it specifies). Material changes will be communicated with reasonable advance notice. Your continued use of seller features after the effective date of an amendment constitutes acceptance of the revised Agreement. If you do not accept the revised Agreement, you must terminate this Agreement under Section 13.2 and stop using seller features.

15.4 Assignment

You may not assign or transfer this Agreement, or any of your rights or obligations under it, without the Platform's prior written consent. The Platform may freely assign this Agreement, including in connection with a merger, acquisition, restructuring, or sale of all or substantially all of its assets.

15.5 No Waiver

No failure or delay by the Platform in exercising any right under this Agreement is a waiver of that right. No waiver is effective unless in writing and signed by the Platform.

15.6 Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

15.7 Notices

Notices to you may be given by email to your registered email address, by posting on the Platform, or by any other reasonable means. Notices to the Platform must be sent to [email protected] and to [VERIFY: physical mailing address required before publishing].

15.8 Force Majeure

Neither Party is liable for any failure or delay in performance (other than payment obligations, which are not excused) caused by an event beyond its reasonable control, including natural disasters, pandemics, public-health orders, war, terrorism, civil unrest, government action, labour disputes, supply-chain failures, or internet, power, or telecommunications outages.

15.9 No Third-Party Beneficiaries

Except for the Indemnified Parties under Section 12, this Agreement is for the benefit of, and enforceable only by, the Parties and their permitted successors and assigns.

15.10 Headings

Headings are for convenience only and do not affect interpretation.

Plain English Summary: This is the full agreement (along with the related policies). If two documents disagree, the Seller Agreement wins, then the Food Listing Guidelines, then the Terms of Service. We can update this agreement by posting a new version. You can't transfer this contract; we can. Things outside our control (disasters, outages, government orders) don't make us liable.

16. Acceptance

By submitting a seller application, creating a seller account, listing food on TrulyServd, or otherwise accessing or using seller features of the Platform, you acknowledge that you have read, understood, and agree to be bound by this Seller Agreement, together with the Terms of Service, Privacy Policy, Cookie Policy, and Food Listing Guidelines, each of which is incorporated by reference.

If you do not agree to all of the above, you must not apply for or use a seller account.

Contact

Questions about this Seller Agreement may be sent to:

13809536 Canada Inc. (operating as TrulyServd) Email: [email protected] Mailing Address: [VERIFY: physical mailing address required before publishing] Governing Law: Province of Ontario, Canada

⚠️ AI-Generated — Not Legal Advice. This Seller Agreement was generated by an AI legal assistant for the convenience of TrulyServd / 13809536 Canada Inc. It is not legal advice and is not a substitute for review by a licensed attorney. Before publishing or relying on this Agreement, have it reviewed by a Canadian lawyer qualified in Ontario, with particular attention to: (i) Ontario / municipal home-kitchen and home-prepared-food rules; (ii) GST/HST registration thresholds and any platform-side deemed-supplier obligations; (iii) Quebec Consumer Protection Act and Bill 96 / French-language requirements if any sellers are based in Quebec or sell to Quebec residents; (iv) enforceability of the limitation-of-liability cap and class-action waiver against individual sellers; (v) misclassification risk — ensure operational practice (vendor panel features, communications, marketing) is consistent with the independent-individual framing in Section 9; and (vi) any food-safety, labelling, traceability, and recall obligations that may flow to the Platform under federal or provincial law despite the listing-only positioning.