Last updated: 20 June 2026
Effective from: 20 June 2026
Version: 1.0
This End User Licence Agreement, referred to as the EULA, governs your installation of and access to:
App name: NibbleKit
The legal person licensing and publishing the App is:
Licensor and App Publisher: Paul Hepple trading as DarkByte Creations Geographic address: 152 Lindhurst Road, Barnsley, S71 3DG Telephone: 07549 253991 Email: support@nibblekit.com
In this EULA, Licensor, we, us and our mean the legal person identified above.
The App uses NibbleKit technology operated by:
Paul Hepple, a sole trader trading as DarkByte Creations 152 Lindhurst Road, Barnsley, S71 3DG Email: support@nibblekit.com
In this EULA, DarkByte means Paul Hepple trading as DarkByte Creations.
DarkByte is not automatically the Licensor merely because it developed, hosts or operates NibbleKit technology. Where DarkByte is also the legal publisher of the App, the Licensor details above must identify Paul Hepple trading as DarkByte Creations.
This EULA is between you and the Licensor. It is not an agreement between you and Apple, Google, DarkByte or a participating Merchant unless that party is expressly identified as the Licensor.
In this EULA:
This EULA becomes binding when you:
Where applicable law requires a particular form of acceptance, this EULA becomes binding only when that requirement has been met.
You should save or retain a copy of the EULA that applies when you accept it.
If you do not agree to this EULA, do not install or use the App.
You may use the App only if:
Where a person does not have full legal capacity to enter into this EULA, a parent, guardian or other legally authorised person must complete any acceptance required by law.
The ability to use an App account does not confirm that a person is legally eligible to purchase every product offered by a Merchant. Merchants remain responsible for applying any product-specific age, identity or eligibility restrictions.
If you use the App as a Customer, this EULA governs your licence to use the App. Your use of the broader NibbleKit Services is also governed by the NibbleKit Terms and Conditions and related platform policies.
If you use the App as a Merchant User:
If a Merchant agreement conflicts with this EULA in relation to the Merchant's business service, the Merchant agreement takes priority for that business matter. This EULA continues to govern the licence to install and use the App.
The App may provide functions that allow users to:
Available functions may differ by:
A function shown in one NibbleKit-powered app is not necessarily available in every app.
NibbleKit is normally a technology platform.
Unless the checkout expressly states otherwise for a particular transaction:
The Licensor may also be a Merchant in a particular deployment. Where that occurs, the checkout and order confirmation must make that position clear.
This EULA does not itself form the contract for food, drink or other Merchant products.
Your use may also be governed by:
The documents apply as follows:
Nothing in this EULA retrospectively changes the terms governing an order already accepted by a Merchant.
Subject to this EULA, the Licensor grants you a limited, personal, revocable, non-exclusive and non-transferable licence to install and use the App:
The App is licensed, not sold.
The licence does not transfer ownership of the App, NibbleKit technology, source code, designs, branding, content or intellectual property to you.
You may not transfer the licence except where the applicable Store Rules expressly permit access through Family Sharing, volume purchasing, Legacy Contacts, a Custom App distribution arrangement or an equivalent authorised facility.
Where Apple permits a Custom App distribution customer to distribute a single licence of a free Custom App to multiple authorised end users, this EULA permits that distribution only to the extent allowed by Apple's rules and the relevant business agreement.
For a version obtained through the App Store, the licence is limited to a non-transferable right to use the App on Apple-branded products that you own or control, subject to the usage rules in the Apple Media Services terms.
Where Apple's rules permit it, the App may also be accessed or used through:
Nothing in this EULA grants a right that conflicts with the applicable Apple usage rules.
You may need an account to use some App functions.
You must:
You are not responsible for unauthorised account activity to the extent that it resulted from the Licensor's, DarkByte's or a Merchant's failure to use reasonable security measures.
Merchant Users may use only the roles and functions authorised by their Merchant. Authorisation from one Merchant does not permit access to another Merchant's data or workspace.
You must use the App lawfully and in accordance with the NibbleKit Acceptable Use Policy.
You must not:
Security research is permitted only where it falls within a written authorisation or a vulnerability-disclosure process published by DarkByte or the Licensor.
The App and NibbleKit technology, including relevant:
are owned by the Licensor, DarkByte or their respective licensors.
Merchant names, logos, product images, menus, descriptions and other Merchant content may be owned by the Merchant or its licensors.
This EULA does not grant you a right to use any trade mark, brand, logo or business name except as necessary for ordinary authorised use of the App.
You retain ownership of content you lawfully submit. You grant the Licensor, DarkByte and the relevant Merchant only the rights reasonably needed to receive, store, transmit, display and otherwise process that content for the requested App function and associated lawful purposes.
The App may contain software supplied under open-source or other third-party licences.
Where an applicable third-party licence gives you rights that differ from this EULA, that licence governs the relevant component to the extent of the inconsistency.
Nothing in this EULA restricts a right granted under an applicable open-source licence.
Notices relating to relevant third-party components are available at the app's operating-system, package licence or legal notices screen where provided, or from support@nibblekit.com on request.
Use of the App may require:
The App may request permissions such as:
A permission will be requested only where relevant to an App feature. You can normally manage permissions in the App or device settings.
Refusing or withdrawing a permission may prevent the related feature from working. It should not prevent access to unrelated core functions unless the permission is genuinely necessary for those functions.
Your network, device, operating-system and Store provider may apply separate charges and terms.
The Licensor may provide:
An update may be required where reasonably necessary to:
Where reasonably practicable, material changes will be explained through the App, release notes, email or another appropriate channel.
You should install security and compatibility updates within a reasonable period after being clearly informed that they are required.
The Licensor is not responsible for a problem caused solely by an unreasonable failure to install a clearly identified necessary update, where the update was made available properly and the installation instructions were adequate.
This section does not reduce mandatory rights relating to digital content or services.
The Licensor may temporarily suspend App functions for:
Reasonable steps will be taken to reduce avoidable disruption.
The App is not guaranteed to operate continuously or on every device indefinitely. This does not exclude an obligation to provide the App with reasonable care and skill or any other mandatory consumer right.
A demo, preview, beta or trial version may:
Demo and test environments must not be used for real orders, payments, personal data, health data or confidential information unless expressly authorised.
The Licensor is responsible for maintenance and support obligations relating to the App to the extent stated in this EULA or required by law.
DarkByte may provide technical support on the Licensor's behalf.
For App or platform support, contact:
or, where the issue concerns NibbleKit platform technology:
For an order-specific issue involving food, products, preparation, delivery, collection, allergens, cancellation or refund, contact the Merchant identified in the App, at checkout or in the order confirmation.
For an Apple-distributed version, Apple has no obligation to provide maintenance or support for the App.
A product order placed through the App is normally an offer to purchase from the Merchant identified at checkout.
The point at which the Merchant accepts that offer is governed by:
A payment authorisation or automated receipt does not by itself constitute Merchant acceptance unless the checkout expressly states otherwise.
The Merchant is normally responsible for:
The Licensor and DarkByte remain responsible for their own App or platform conduct.
The App may display ingredient, allergen, dietary, nutrition or food-safety information supplied or confirmed by a Merchant.
Any automated warning, filter, badge or profile comparison is a supplementary aid. It is not a guarantee that an item is suitable for a particular person.
Where you or the intended recipient has a serious allergy, intolerance, coeliac disease or medical dietary requirement:
The NibbleKit Allergen and Food Safety Policy provides further information.
Payments for Merchant food, drink or other physical products are governed by the checkout information, Merchant terms, payment-provider terms and applicable consumer law.
The payment structure for the App is:
Stripe Connect PaymentIntents are used for card payments and supported wallet methods where enabled. Payments are created on the relevant Merchant connected Stripe account, with NibbleKit/DarkByte platform fees applied where configured. Cash orders may use a manual card pre-authorisation where that setting is enabled.
A Store refund relating to the purchase price of the App itself is separate from a refund for a Merchant product order.
Apple and Google do not determine whether a Customer is entitled to a refund for food or other Merchant products merely because the App was obtained through their Store.
The App is:
The App is currently offered as a free download. Merchant product payments are separate. If paid app features, in-app purchases or subscriptions are introduced, the relevant store or product terms must state them before purchase.
Where no price was paid for the App itself, a refund of the App's purchase price will be zero.
The App does not currently offer digital in-app purchases or subscriptions.
If digital in-app purchases or subscriptions are introduced later, the relevant product, billing, renewal, cancellation, refund and supplier terms must be presented before purchase.
A food or physical-product order placed with a Merchant is not treated as a digital App licence purchase merely because the order was placed through the App.
The App may interact with third-party services such as:
You must comply with applicable third-party terms when using those services. For example, you must not use the App in a way that breaches your mobile-network, Store, payment-account or operating-system agreement.
A third party is responsible for its independent service and terms.
The Licensor remains responsible for:
DarkByte's handling of personal data through the NibbleKit platform is described in the NibbleKit Privacy Policy.
A Merchant may separately act as controller for personal data used for:
The Merchant should provide its own privacy information for that processing.
The App may also use cookies, local storage, authentication tokens, notification tokens, software development kits or other storage and access technologies. These are described in the NibbleKit Cookies and Similar Technologies Policy.
Store providers may independently process App download, Store-account, payment, device and diagnostic information under their own privacy terms.
Deleting the App from your device does not delete your account.
Where the App permits account creation, you can initiate account deletion at:
the user/profile screen menu using Delete Account
A public deletion route is available at:
the public Data Request page at https://nibblekit.com/policies/data-request/
Account deletion normally closes account access and removes profile data that is no longer required.
It may not immediately remove:
Further details are provided in the Privacy Policy and Data Retention and Deletion Policy.
This section applies only where you obtained the App through the App Store.
You and the Licensor acknowledge that:
Your licence is limited to the scope described in section 10.
The Licensor is responsible for maintenance and support for the App where stated in this EULA or required by law.
Apple has no obligation to provide maintenance or support services for the App.
The Licensor is responsible for applicable express or legally implied App warranties to the extent that they cannot lawfully be excluded.
If the App fails to conform to an applicable warranty, you may notify Apple. Apple will refund the purchase price paid to Apple for the App, if any.
To the maximum extent permitted by law, Apple has no further warranty obligation for the App. The Licensor remains responsible for other claims, losses, liabilities, damages, costs or expenses attributable to a failure of the App to conform to an applicable warranty.
This clause does not apply to the price of a Merchant food or physical-product order.
The Licensor, not Apple, is responsible for addressing claims relating to:
This EULA does not limit the Licensor's liability beyond what applicable law permits.
If a third party alleges that the App, or your authorised possession or use of it, infringes that party's intellectual-property rights, the Licensor-not Apple-is responsible for investigating, defending, settling and discharging the claim.
You represent and warrant that:
Questions, complaints or claims concerning the App should be directed to:
Paul Hepple trading as DarkByte Creations 152 Lindhurst Road, Barnsley, S71 3DG Telephone: 07549 253991 Email: support@nibblekit.com
You must comply with applicable third-party agreements when using the App, including relevant network, device, operating-system, payment and communications-service terms.
You and the Licensor acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this EULA.
When you accept this EULA, Apple will have the right, and will be treated as having accepted the right, to enforce it against you as a third-party beneficiary.
This section applies where you obtained the App through Google Play.
This EULA is between you and the Licensor, not Google.
Google is not responsible for:
except to the extent that Google expressly accepts responsibility under its own terms or applicable law.
You must comply with the applicable Google Play terms.
Google may independently process Store account, download, payment, security and diagnostic information under its own privacy terms.
The Licensor will provide the App with the standard required by applicable law.
Nothing in this EULA excludes or restricts mandatory rights relating to digital content or services, including rights where the App:
Where the App is defective, contact the Licensor using the details in section 33.
Depending on the circumstances and applicable law, a remedy may include:
A remedy for the App is separate from a remedy for Merchant products or fulfilment.
The App is not an emergency or medical service.
Profile warnings, dietary filters and automated tools do not provide medical advice.
If someone may be experiencing a severe allergic reaction or other medical emergency, contact emergency services immediately. In the United Kingdom, call 999.
Do not wait for an App, support or Merchant response.
Nothing in this EULA excludes or limits liability where exclusion or limitation would be unlawful, including liability for:
The Licensor is responsible for foreseeable loss or damage caused by:
Loss is foreseeable where it was an obvious consequence of the breach or was contemplated by you and the Licensor when this EULA was formed.
The Licensor is not responsible for loss caused solely by:
The Licensor does not avoid responsibility for:
Where you use the App wholly or mainly for business purposes as a Merchant User, business liability is governed primarily by the applicable Merchant agreement. This EULA does not create a separate business liability cap or override that agreement.
You may end this EULA at any time by:
The Licensor may restrict, suspend or terminate your App access where it reasonably believes that:
Where reasonably practicable, the Licensor will:
Immediate action may be taken where delay would create a material security, fraud, privacy, safety or legal risk.
On termination:
Termination of this EULA does not automatically cancel an accepted Merchant order.
You must not use, export, re-export or make the App available in breach of applicable trade-control, sanctions or export laws.
Nothing in this section requires you to accept a restriction that is unlawful in your country of residence.
The Apple-specific representation in section 25.7 applies to App Store versions.
The Licensor may update this EULA to reflect changes in:
The current version will show its last-updated date and version number.
A material change will apply prospectively. Where reasonably practicable, notice will be provided before or when the change takes effect.
A material change will not retrospectively alter:
Where fresh acceptance is legally or contractually required, the App will request it.
Previous material versions are available on reasonable request from support@nibblekit.com.
This EULA is governed by the law of England and Wales.
If you are a consumer living in Scotland, Northern Ireland or another country, you retain mandatory protections provided by the law applicable to you that cannot lawfully be excluded.
A UK consumer may bring proceedings in the courts applicable to the part of the United Kingdom in which they live.
Nothing in this section prevents the Licensor or a consumer from using another court or dispute-resolution route where mandatory law permits it.
Business disputes involving a Merchant are governed by the applicable Merchant agreement.
If a court finds part of this EULA unlawful or unenforceable, the remaining provisions continue to apply.
A delay in enforcing this EULA does not waive the right to enforce it later.
You may not transfer your rights under this EULA except where the Store Rules or applicable law permit it.
The Licensor may transfer its rights and obligations as part of a lawful business transfer, restructuring or replacement service arrangement, provided that the transfer does not reduce mandatory consumer rights.
Except for Apple and its subsidiaries under section 25.10, a person who is not a party to this EULA has no right to enforce it unless applicable law provides otherwise.
Questions, complaints or claims relating to the App should be directed to the Licensor:
Paul Hepple trading as DarkByte Creations 152 Lindhurst Road, Barnsley, S71 3DG Telephone: 07549 253991 Email: support@nibblekit.com
For NibbleKit platform support:
Paul Hepple, a sole trader trading as DarkByte Creations 152 Lindhurst Road, Barnsley, S71 3DG Email: support@nibblekit.com
For an order-specific product, delivery, collection, allergen, cancellation or refund matter, contact the Merchant identified in the App, checkout or order confirmation.