Terms of Service

Effective date: 12 May 2026 · Last updated: 12 May 2026

1. The agreement

These Terms of Service ("Terms") form a binding agreement between you ("Client", "you") and Sky Bites Inc. ("Sky Bites", "we", "us"). They apply when you visit our website, register an account, place an order through any channel (portal, email, phone, SMS), or receive a Sky Bites delivery. If you don't accept these Terms, do not use the service.

If you are placing an order on behalf of a principal, employer, charter operator, or family office, you warrant that you have authority to bind that entity to these Terms.

2. Who can place an order

Sky Bites is a business-to-business service. To open an account or place an order you must be: (a) at least 18 years old; (b) authorised to make purchasing decisions for the aircraft or principal you're ordering for; and (c) legally able to contract under the laws applicable to you.

3. Orders, briefs, and confirmations

Each order is a "Brief" containing at minimum: aircraft tail number, departure FBO, departure date and time, passenger count, dietary restrictions and allergens, and a description of what you want catered. A Brief is not accepted until Sky Bites issues a written confirmation (portal status change, email, or SMS confirming menu, price, and delivery time).

Lead times: standard turn 4 hours; ultra-rush turn 90 minutes where feasible; complex menus 24–48 hours preferred. We will tell you in confirmation whether the requested lead time is feasible. If a Brief cannot be filled as specified, we will propose alternatives.

4. Pricing, payment, and taxes

Prices are stated in CAD by default; USD, EUR, and GBP are available on request. All prices exclude taxes and statutory duties, which we will add as required. Payment terms for established accounts are net 15 from invoice date unless otherwise agreed in writing. First-time orders may require pre-payment or a corporate card on file.

Late payments accrue interest at the lesser of 1.5% per month (19.56% per annum) and the maximum rate permitted by applicable law. Sky Bites may suspend further service while invoices remain overdue.

5. Changes and cancellations

You can modify or cancel a Brief through any of our channels. Cancellation and change fees:

Flight diversions and weather-related schedule changes outside your reasonable control are handled on a best-efforts basis — we'll try to re-time delivery to your new ETA at no charge where the culinary partner can accommodate.

6. Delivery, chain of custody, and risk of loss

Sky Bites delivers to FBOs and ground handlers nominated in the Brief. Title and risk of loss transfer to you (or your nominated receiver: pilot, flight attendant, ground handler) upon photographed handoff at the FBO. After handoff, you are responsible for in-cabin storage, temperature control, and re-therm. Re-therm guidance cards are provided where relevant.

If a delivery is rejected, delayed, or missed for reasons not caused by Sky Bites (e.g. flight cancellation, security closures, missing FBO authorisation), the order remains payable in full.

7. Allergens, dietary restrictions, and food safety

Sky Bites sources from a network of independent culinary partners. We pass dietary restrictions and allergen information you provide directly to the partner and request appropriate handling, but most kitchens are not allergen-free environments. Cross-contact is possible. You are responsible for confirming allergen severity and acceptable risk to the principal and crew in writing before delivery.

Where halal, kosher, or other certified preparation is required, please confirm certification standards in the Brief; we will note the partner's certification status in the order confirmation.

All food handling at Sky Bites complies with applicable Canadian food-safety laws and equivalent standards at international partners.

8. Client portal and account

The Sky Bites portal is provided to facilitate ordering, reordering, invoice retrieval, and concierge messaging. You are responsible for maintaining the confidentiality of your account credentials and for all activity that takes place under your account. Notify us immediately at security@skybites.ca if you suspect unauthorised access.

You may grant team members access under role-based permissions. Each user must accept these Terms.

9. Intellectual property

The Sky Bites name, logo, brand assets, website design, photography, written content, and the portal software are owned by Sky Bites Inc. or its licensors and are protected by Canadian and international copyright, trademark, and other intellectual-property laws. You may not copy, modify, distribute, sell, or use any of it for commercial purposes without our prior written consent.

You retain ownership of the content you submit (Briefs, preferences, feedback). You grant Sky Bites a limited, non-exclusive licence to use that content for the purpose of providing the service.

10. Confidentiality

Each party will keep the other's non-public information confidential and use it only to perform under these Terms. Confidentiality survives termination. Principal identities, tail numbers, flight schedules, and passenger preferences are treated as confidential by default.

11. Warranties and disclaimers

Sky Bites will perform with reasonable care and skill, in line with industry standards for private-aviation catering. Except as expressly stated, the service is provided "as is" and "as available". To the maximum extent permitted by law, Sky Bites disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

12. Limitation of liability

To the maximum extent permitted by law:

• Sky Bites' total aggregate liability arising out of or relating to a particular order is limited to the price paid for that order.
• Sky Bites' total aggregate liability arising out of or relating to all matters under these Terms is limited to the greater of (a) the amounts paid to Sky Bites in the 12 months before the claim arose, and (b) CAD $25,000.
• Sky Bites is not liable for indirect, incidental, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business opportunity, reputation, or data, even if advised of the possibility.

These limits do not apply to liability for fraud, gross negligence, wilful misconduct, or anything else that cannot lawfully be limited.

13. Indemnification

You will defend, indemnify, and hold Sky Bites and its affiliates, directors, officers, and employees harmless from third-party claims arising from: (a) your breach of these Terms; (b) inaccurate or incomplete dietary, allergen, or passenger information; (c) misuse of the portal or accounts; or (d) your violation of law.

14. Termination and suspension

You can close your account at any time. Sky Bites may suspend or terminate access for non-payment, breach of these Terms, abusive conduct toward staff or partners, or where required by law. Sections that by their nature should survive termination (IP, confidentiality, liability, indemnity, governing law) will survive.

15. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws rules. The courts of Toronto, Ontario have exclusive jurisdiction over any dispute, except that either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property or confidential information.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16. General

• Entire agreement: these Terms, together with any signed master services agreement and our Privacy Policy, are the entire agreement between us about the service.
• Order of precedence: a signed MSA prevails over these Terms; these Terms prevail over any conflicting purchase-order terms.
• Assignment: you may not assign these Terms without our prior written consent. We may assign in connection with a corporate transaction.
• Severability: if a provision is held unenforceable, the rest remains in effect.
• No waiver: a failure to enforce a right is not a waiver of that right.
• Force majeure: neither party is liable for delay or failure due to events beyond reasonable control (acts of God, weather, conflict, civil unrest, strikes, pandemics, regulatory action, airport closures).
• Notices: notices to Sky Bites must be sent to legal@skybites.ca. Notices to you may be sent to the email on your account.
• Changes: we may update these Terms by posting a revised version with a new effective date. Material changes will be notified through the portal or by email.

17. Contact

Sky Bites Inc. · Toronto, Ontario, Canada
Legal: legal@skybites.ca · Concierge: concierge@skybites.ca · Phone: +1 (416) 999-0000