Terms of Service

Last updated: December 30, 2024

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Biter mobile application and website (the "Service") operated by Biter LLC ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

1. Eligibility and Accounts

Age Requirement

You must be at least 13 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement. If you are under 18, you confirm that you have your parent or guardian's permission to use the Service.

Account Registration

To use certain features of the Service, you may be required to register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and accept all risks of unauthorized access
• Immediately notify us of any unauthorized use of your account
• Be responsible for all activities that occur under your account

Account Types

Biter offers different types of accounts:

• Consumer Accounts: Free accounts for individuals to discover restaurants, write reviews, and create lists
• Restaurant Business Accounts: Accounts for restaurant owners and operators (may include paid subscription features in the future)
• Verified Creator Accounts: Accounts for food content creators and influencers

2. Intellectual Property and User Content

Your Content Ownership

You retain all ownership rights to the content you submit, post, or display on or through the Service, including but not limited to reviews, ratings, lists, photos, videos, comments, and profile information (collectively, "User Content").

License Grant to Biter

By submitting, posting, or displaying User Content on or through the Service, you grant Biter a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to:

• Use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute your User Content
• Display your User Content on the Service and in our marketing materials
• Incorporate your User Content into other works in any format or medium
• Sublicense these rights to third parties in connection with providing and promoting the Service

This license continues even if you stop using the Service, as your content may have been shared, re-shared, or incorporated into the Service in ways that cannot be easily removed.

Your Representations

By submitting User Content, you represent and warrant that:

• You own or have the necessary rights, licenses, and permissions to use and authorize us to use your User Content
• Your User Content does not infringe, violate, or misappropriate any third party's intellectual property rights, privacy rights, or other rights
• Your User Content complies with these Terms and all applicable laws

Biter's Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Biter LLC and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used without our prior written permission.

3. Prohibited Content and Conduct

You agree not to use the Service to submit, post, or transmit any User Content or engage in any conduct that:

Fraudulent or Manipulative Content

• Contains fake, fraudulent, or misleading reviews or ratings
• Attempts to manipulate restaurant ratings or rankings
• Posts paid or incentivized reviews without clear disclosure
• Engages in review bombing or coordinated rating manipulation
• Creates multiple accounts to inflate or deflate ratings
• Impersonates another person or entity

Harmful or Offensive Content

• Contains hate speech, harassment, bullying, or threats
• Discriminates based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
• Is defamatory, libelous, or invades another's privacy
• Contains sexually explicit, obscene, or pornographic material
• Promotes violence or contains graphic violent content

Illegal Activity

• Violates any local, state, national, or international law
• Promotes illegal drugs, weapons, or other illegal products or services
• Involves fraud, theft, or other criminal activity
• Infringes on intellectual property rights, including copyright and trademark

Spam and Abuse

• Is spam, including excessive self-promotion or commercial solicitation
• Uses automated systems (bots, scrapers, crawlers) to access the Service
• Attempts to gain unauthorized access to the Service or user accounts
• Interferes with or disrupts the Service or servers
• Transmits viruses, malware, or other malicious code

4. Content Moderation and Removal

No Duty to Monitor

Biter is a platform for users to share content and opinions. With a large and growing user base, we do not and cannot pre-screen, monitor, or review all User Content before it is posted to the Service. We have no obligation to monitor User Content, investigate complaints, or actively seek out violations of these Terms.

You acknowledge that you may be exposed to User Content that is inaccurate, offensive, inappropriate, or otherwise objectionable, and you agree that Biter shall not be liable for any such content.

Automated Content Moderation

We employ automated content moderation tools, including AI-based image screening and other technological measures, to help identify and prevent prohibited content from appearing on the Service. However, these automated systems are not perfect and may:

• Fail to detect some prohibited content (false negatives)
• Incorrectly flag or remove acceptable content (false positives)
• Not catch all violations in real-time

You acknowledge that automated moderation has limitations and agree that we are not liable for content that bypasses our automated screening systems or for legitimate content that is incorrectly flagged or removed.

Right to Remove Content

We reserve the right, but have no obligation, to monitor, review, edit, or remove User Content at our sole discretion at any time and for any reason, including but not limited to:

• Violations of these Terms of Service
• User complaints or reports
• Legal requirements or court orders
• Suspected fraud, abuse, or harmful activity
• Technical or operational reasons
• Our own discretion, for any reason or no reason

Any content removal action we take is without prior notice, without liability to you or any third party, and does not waive our right to take further action.

Good Faith Moderation Immunity

We may remove, edit, or restrict access to User Content in our good faith effort to enforce these Terms and maintain a safe, respectful community. You agree that:

• We are not liable for removing or restricting access to your content
• We are not required to provide advance notice or explanation for content removal
• You waive any claims against us for good faith moderation decisions
• Content removal does not entitle you to any refund or compensation

User Reporting

If you encounter content that violates these Terms, you may report it to us by:

• Emailing support@biter.app with a description of the violation and link to the content
• Using any in-app reporting features we may provide

We will review reports in our discretion but are not obligated to take action or respond to every report. Submitting a report does not guarantee content removal or any specific outcome.

5. Account Termination and Suspension

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms of Service
• Engagement in fraudulent, illegal, or harmful activity
• Posting prohibited content
• Conduct that damages Biter's reputation or the Service
• Harm to other users or third parties
• At our sole discretion, for any reason or no reason

Upon termination, your right to use the Service will immediately cease. If you wish to delete your account, you may do so at any time by visiting our account deletion page or contacting us at support@biter.app.

All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

6. Copyright and Intellectual Property

Copyright Infringement

We respect the intellectual property rights of others and expect our users to do the same. If you believe that content on the Service infringes your copyright, please contact us with the following information:

• A description of the copyrighted work you claim has been infringed
• A description of where the infringing material is located on the Service (URL or location)
• Your contact information (email address, phone number, mailing address)
• A statement that you have a good faith belief that the use is not authorized by the copyright owner
• A statement, under penalty of perjury, that the information you provided is accurate and that you are the copyright owner or authorized to act on their behalf
• Your physical or electronic signature

Send copyright infringement notices to: support@biter.app

Repeat Infringers

We may terminate the accounts of users who repeatedly infringe the intellectual property rights of others.

7. Restaurant Subscription Services

Biter may offer paid subscription services for restaurant business accounts. If you subscribe to a paid service:

Future Pricing and Billing

• Pricing and features are subject to change at any time
• Subscription fees, billing terms, and payment methods will be clearly disclosed before you subscribe
• You authorize us to charge your payment method on a recurring basis for the subscription period
• All fees are in U.S. dollars and are non-refundable except as required by law

Cancellation

You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing period. You will not receive a refund for any unused portion of a subscription period.

Free Trials

We may offer free trials for certain subscription features. At the end of the free trial, you will be automatically charged for the subscription unless you cancel before the trial ends.

8. Third-Party Services and Content

Third-Party Integrations

The Service may integrate with or contain links to third-party services, including:

• Third-party location and business data providers for restaurant information and location data
• Social media platforms for content integration
• Other third-party services and platforms

Your use of third-party services is subject to their respective terms of service and privacy policies. We are not responsible for and do not endorse the content, products, or services of third parties.

Third-Party Data

Restaurant information, photos, ratings, and other data may be sourced from third-party data providers. We do not guarantee the accuracy, completeness, or reliability of third-party data.

Embedded Third-Party Content

The Service may display or embed content from third-party platforms, including but not limited to:

• Videos from social media platforms
• Images and media from external sources
• Links to third-party websites and applications

All embedded third-party content is:

• Hosted and controlled by the third-party platform, not by Biter
• Subject to the third party's terms of service, copyright policies, and content policies
• The sole responsibility of the third-party platform and the original content creator

We do not host, store, or control embedded third-party content. We are not responsible for:

• The accuracy, legality, or appropriateness of embedded content
• Copyright infringement claims related to embedded content
• Changes, removal, or unavailability of embedded content by the third-party platform
• Any damages or losses arising from embedded third-party content

If embedded content is removed or becomes unavailable on the third-party platform, it may no longer be accessible through our Service. For issues with embedded content, contact the original platform or content creator directly.

9. Disclaimers and Limitations of Liability

Service Provided "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ACCURACY.

No Guarantee of Accuracy

We do not guarantee that:

• Restaurant information (hours, menu, prices, etc.) is accurate or current
• User reviews and ratings are authentic, accurate, or reliable
• The Service will be uninterrupted, secure, or error-free
• Any defects will be corrected

Food Safety and Health

Biter is a discovery and recommendation platform only. We are not responsible for:

• Food safety, quality, or preparation at any restaurant
• Allergic reactions, food poisoning, or other health issues
• Accuracy of menu descriptions, ingredients, or dietary information
• Any claims or representations made by restaurants

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BITER LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL BITER'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO BITER IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Indemnification

You agree to indemnify, defend, and hold harmless Biter LLC and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your access to or use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any rights of another party

10. Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Informal Resolution

Before filing a formal claim, you agree to first contact us at support@biter.app and attempt to resolve the dispute informally. We will attempt to resolve the dispute through informal negotiation within sixty (60) days.

Binding Arbitration

If we cannot resolve a dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

The arbitration will be conducted in English, and the arbitrator's decision will be final and binding. Judgment on the arbitration award may be entered in any court having jurisdiction.

Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND BITER INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW:

• NO ARBITRATION OR PROCEEDING SHALL BE JOINED WITH ANY OTHER
• THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES
• THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS

Exceptions

Notwithstanding the above, either party may bring a claim in small claims court if it qualifies. Additionally, either party may seek equitable relief in court for infringement or misuse of intellectual property rights.

11. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will update the "Last Updated" date at the top of this page.

By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

12. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Biter LLC regarding the Service and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, natural disasters, or failures of third-party services.

13. Contact Information

If you have any questions about these Terms, please contact us:

Biter LLC

Email: support@biter.app

Mailing Address: 6450 Sunset Blvd, Los Angeles, CA 90028