Terms of Service

These Terms of Service ("Terms") govern access to and use of the Colibrí marketplace — the websites, mobile apps and services operated by Colibrí ("Colibrí", "we", "us") for customers, business owners, independent delivery drivers and wholesale suppliers. By creating an account or placing an order through any Colibrí app, you agree to these Terms.

Version 1.0.0Last updated:

1. Accounts and roles

Colibrí operates five user-facing roles, each with its own application and authentication method: customers (phone OTP), business owners and their staff (email/password), independent delivery drivers (phone OTP), and wholesale suppliers (email/password, KYC required). A single person may hold accounts in more than one role, but each account only grants access to its corresponding app.

You must provide accurate information when creating an account and keep it up to date. Business owners, drivers and wholesalers must complete the identity and business verification steps required for their role before they can transact on the marketplace.

2. Prepaid, zero-commission model

Colibrí does not charge a percentage commission on the subtotal of items sold (food or non-perishable, whether fulfilled from the owner's own stock or dropshipped from a wholesaler) or on the driver's delivery fee. Instead, business owners, wholesalers and drivers purchase prepaid packages of guaranteed sales or guaranteed deliveries. Each completed order consumes one unit of the applicable package.

The only exceptions to the zero-commission model are: (a) catering orders, which carry a country-configurable application fee (1% by default), reflecting the additional coordination required for large scheduled orders; and (b) scheduled third-party shipments, where Colibrí passes through the exact carrier cost to the customer with no margin retained.

3. The delivery auction

For immediate and same-day priority orders, Colibrí broadcasts the delivery opportunity to nearby available drivers, who submit competing bids for the delivery fee within a bidding window configured per country. The customer accepts the bid that best fits their budget and expected wait time; 100% of the accepted delivery fee (plus any tip) is transferred to the driver.

Colibrí may apply automatic fee escalation if no driver accepts within the initial window, and may cap the number of automatic escalations per the country configuration in effect at the time of the order.

4. Dropship catalog and versioning

Non-perishable business owners may list products sourced from verified wholesalers as dropship SKUs. When a wholesaler updates a master SKU, every business listing derived from it is automatically flagged for review and hidden from customers until the business owner reviews the change and republishes it. Orders already placed before the change are unaffected: each order captures an atomic snapshot of price, description and shipping details at the moment of checkout.

5. Payments

All payments are processed through Stripe. Customers authorize a single payment for their entire cart, which Colibrí splits internally into transfers to the relevant business owners, wholesalers and drivers according to the order composition. Colibrí never stores full payment card numbers; all card data is handled directly by Stripe.

Prepaid packages (guaranteed sales, guaranteed deliveries) and membership subscriptions are billed through Stripe as well, using saved payment methods where applicable.

6. Prohibited conduct

You may not: misrepresent your identity or business; manipulate the delivery auction (including collusion between drivers and customers); list counterfeit, stolen or prohibited goods; circumvent the platform's payment flow; or attempt to access another user's account or another role's application.

Colibrí may suspend or terminate accounts that violate these Terms, engage in fraud, or repeatedly fail to meet the service-level obligations of their role (see the Delivery Partner Agreement and Business & Wholesaler Commercial Agreement for role-specific terms).

7. Limitation of liability

Colibrí provides the marketplace and payment infrastructure connecting customers, business owners, drivers and wholesalers, but is not the manufacturer or direct seller of the products listed on the platform. To the maximum extent permitted by law, Colibrí's aggregate liability arising from your use of the platform is limited to the fees you paid to Colibrí in the twelve months preceding the claim.

8. Claims and dispute resolution

Order-related disputes (missing items, damaged goods, non-delivery) may be raised through the in-app claims flow within the claim window configured for your country. Colibrí reviews evidence submitted by all parties and may issue full or partial refunds, reverse transfers, or debit an at-fault driver's or wholesaler's bond as appropriate.

9. Changes to these Terms

We may update these Terms from time to time. The "Last updated" date at the top of this page reflects the most recent revision. Material changes will be communicated in-app or by email before they take effect.