Terms of Use and Privacy Policy

Introduction

Bite Grocery - Terms of Use and Privacy Policy
Last updated and effective date: 13 June 2024

Terms of Use

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY BITE GROCERY. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE BITE GROCERY APPLICATION AVAILABLE ON IOS AND ANDROID AND ALL RELATED SERVICES (COLLECTIVELY “SERVICE(S)”). BY USING THE SERVICES IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT.

Acceptance of Terms of Use

The Service is offered subject to acceptance without modification of all of these Terms of Use and all other operating rules, policies, and procedures that may be published from time to time in connection with the Services by Bite Grocery. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Bite Grocery from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

Bite Grocery may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

Rules and Conduct

By using the Bite Grocery app, you agree that the Service is intended solely for the purpose of generating grocery lists, grocery items, and recipes using AI. You acknowledge and agree that when creating grocery lists or recipes, you are responsible for ensuring the accuracy and appropriateness of the items and ingredients. Bite Grocery is not responsible for any adverse effects or issues arising from the use of generated lists or recipes.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action that:

Would constitute a violation of any applicable law, rule, or regulation;
Infringes upon any intellectual property or other right of any other person or entity;
Is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
Interferes or attempts to interfere with the proper working of the Service or any activities conducted on the Service;
Bypasses any measures Bite Grocery may use to prevent or restrict access to the Service (or parts thereof);
Uses any method to extract data from the Services, including web scraping, web harvesting, or web data extraction methods, other than as permitted through an allowable API;
Reverse assembles, reverse compiles, decompiles, translates, or otherwise attempts to discover the source code or underlying components of models, algorithms, and systems of the Services that are not open (except to the extent such restrictions are contrary to applicable law);
Reproduces, duplicates, copies, sells, resells, or exploits any portion of the Service, use of the Service, or access to the Service or any contact on the Service, without our express written permission.

DMCA and Takedowns Policy

Bite Grocery respects the rights of copyright holders and complies with the Digital Millennium Copyright Act (DMCA). If you believe that your copyright or trademark is being infringed by the Service, please contact us at support@bitegrocery.com. We will process and investigate your request and take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement.

Modification of Terms of Use

At its sole discretion, Bite Grocery may modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Bite Grocery website or Service or by sending you an email. Bite Grocery may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Trademarks and Patents

All Bite Grocery logos, marks, and designations are trademarks or registered trademarks of Bite Grocery. All other trademarks mentioned in this website are the property of their respective owners. The trademarks and logos displayed on this website may not be used without the prior written consent of Bite Grocery or their respective owners.

Licensing Terms

Subject to your compliance with this Agreement, the conditions herein, and any limitations applicable to Bite Grocery or by law: (i) you are granted a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, freely revocable license to access and use the Service for personal use; (ii) you own all Assets you create with the Services and (iii) we hereby assign to you all rights, title, and interest in and to such Assets for your personal or commercial use. Otherwise, Bite Grocery reserves all rights not expressly granted under these Terms of Use. Each person must have a unique account, and you are responsible for any activity conducted on your account. A breach or violation of any of our Terms of Use may result in an immediate termination of your right to use our Service.

Fees and Payments

You agree that Bite Grocery provides you immediate access to digital content as soon as you complete your purchase, without waiting the 14-day withdrawal period. Therefore, you expressly waive your right to withdraw from this purchase.

Bite Grocery offers free and paid services. You can sign up for a monthly or yearly subscription, that will automatically renew on a monthly basis. You can stop using the Service and cancel your subscription at any time through the Apple Appstore or Google Play Store. If you cancel your subscription, you will not receive a refund or credit for any amounts that have already been billed or paid. Bite Grocery reserves the right to change its prices at any time. If you are on a subscription plan, changes to pricing will not apply until your next renewal.

Unless otherwise stated, your subscription fees (“Fees”) do not include federal, state, local, and foreign taxes, duties, and other similar assessments (“Taxes”). You are responsible for all Taxes associated with your purchase, and we may invoice you for such Taxes. You agree to timely pay such Taxes and provide us with documentation showing the payment or additional evidence that we may reasonably require. If any amount of your Fees are past due, we may suspend your access to the Services after we provide you written notice of late payment. You may not create more than one account to benefit from the Free tier of our Services. If we believe you are not using the Free tier in good faith, we may charge you standard fees or stop providing access to the Services.

Termination

Bite Grocery may terminate your access to all or any part of the Service at any time if you fail to comply with these Terms of Use, which may result in the forfeiture and destruction of all information associated with your account. Further, either party may terminate the Services for any reason and at any time upon written notice. If you wish to terminate your account, you may do so by following the instructions on the Service. Any fees paid hereunder are non-refundable. Upon any termination, all rights and licenses granted to you in this Agreement shall immediately terminate, but all provisions hereof which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity, and limitations of liability.

Indemnification

You shall defend, indemnify, and hold harmless Bite Grocery, its affiliates, and each of its employees, contractors, directors, suppliers, and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Service, or (ii) your violation of the Terms of Use or any applicable law, contract, policy, regulation, or other obligation. Bite Grocery reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Bite Grocery in connection therewith.

Limitation of Liability

IN NO EVENT SHALL BITE GROCERY OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE SERVICE OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE OR, IF GREATER, $500. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Disclaimer

ALL USE OF THE SERVICE AND ANY CONTENT IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK. THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE BITE GROCERY APP AND ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Age Requirements

By accessing the Services, you confirm that you’re at least 18 years old and meet the minimum age of digital consent in your country. If you are not old enough to consent to our Terms of Use in your country, your parent or guardian must agree to this Agreement on your behalf.

Please ask your parent or guardian to read these terms with you. If you’re a parent or legal guardian, and you allow your teenager to use the Services, then these terms also apply to you, and you’re responsible for your teenager’s activity on the Services. No assurances are made as to the suitability of the Assets for you.

Miscellaneous

The Terms of Use are the entire agreement between you and Bite Grocery with respect to the Service and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Bite Grocery with respect to the Service. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Bite Grocery shall not be liable for any failure to perform its obligations hereunder due to any cause beyond Bite Grocery’s reasonable control. The Terms of Use are personal to you, and are not assignable or transferable by you except with Bite Grocery’s prior written consent. Bite Grocery may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. Except as otherwise provided herein, all notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next-day delivery by a recognized overnight delivery service.

Privacy Policy

Our Commitment to Privacy

Our commitment to privacy and data protection is reflected in this Privacy Statement which describes how we collect and process “personal information” that identifies you, like your email address and password. Any other information besides this is "non-personal information." If we store personal information with non-personal information, we'll consider that combination to be personal information.

References to our "Services" at Bite Grocery in this statement include our application available on iOS and Android, and other products and services. This statement applies to our Services that display or reference this Privacy Statement. Third-party services that we integrate with are governed under their own privacy policies.

Information Gathering

We learn information about you when:

You directly provide it to us. For example, we collect:

Email and Password. We collect these details during the registration process.

We collect it automatically through our products and services. For instance, we collect:

Identifiers and device information. When you use our app, our servers log your Internet Protocol (IP) address and information about your device, including device identifiers, device type, operating system, and other software including type, version, language, settings, and configuration.
Usage data. We log your activity on our app, including the actions you take, the time and duration of your sessions, and other details about your use of and actions on our app.

Information Use

We use each category of personal information about you:

To provide you with our Services.
To improve and develop our Services.
To communicate with you.
To provide customer support.

Information Sharing

We share information about you:

When we've asked & received your consent to share it.
As needed, including to third-party service providers, to process or provide Services or products to you, but only if those entities agree to provide at least the same level of privacy protection we're committed to under this Privacy Statement.
To comply with laws or to respond to lawful requests and legal processes, provided that we'll notify you unless we're legally prohibited from doing so. We'll only release personal information if we believe in good faith that it's legally required.
Only if we reasonably believe it's necessary to prevent harm to the rights, property, or safety of you or others.
In the event of a corporate restructuring or change in our organizational structure or status to a successor or affiliate.

Please note that some of our Services include integrations, references, or links to services provided by third parties whose privacy practices differ from ours. If you provide personal information to any of those third parties, or allow us to share personal information with them, that data is governed by their privacy statements.

Finally, we may share non-personal information in accordance with applicable law.

Information Protection

We implement physical, business, and technical security measures to safeguard your personal information. In the event of a security breach, we'll notify you so that you can take appropriate protective steps. We only keep your personal information for as long as is needed to do what we collected it for. After that, we destroy it unless required by law.

Other Information

We retain personal data for as long as necessary to provide the services and fulfill the transactions you have requested, comply with our legal obligations, resolve disputes, enforce our agreements, and other legitimate and lawful business purposes. Because these needs can vary for different data types in the context of different services, actual retention periods can vary significantly based on criteria such as user expectations or consent, the sensitivity of the data, the availability of automated controls that enable users to delete data, and our legal or contractual obligations. As part of our normal operations, your information may be stored in computers in other countries outside of your home country. By giving us information, you consent to this kind of information transfer. Irrespective of where your information resides, we'll comply with applicable law and abide by our commitments herein. We don't want your personal information if you're under 13. Do not provide it to us. If your child is under 13 and you believe your child has provided us with their personal information, please contact us to have such information removed.

California Privacy Rights

If you are a California resident, you have specific rights regarding your personal information under the California Consumer Privacy Act (CCPA):

Right to Know: You have the right to request that we disclose what personal information we collect, use, disclose, and sell. This includes the categories and specific pieces of personal information.
Right to Delete: You have the right to request the deletion of your personal information that we collect or maintain.
Right to Opt-Out of Sale: You have the right to opt-out of the sale of your personal information. However, we do not sell your personal information.
Right to Non-Discrimination: You have the right not to receive discriminatory treatment for exercising your CCPA rights.
Right to Correct Inaccurate Information: You have the right to request that we correct any inaccurate personal information we hold about you.
Right to Limit Use of Sensitive Personal Information: You have the right to request limitations on our use of your sensitive personal information.

Exercising Your CCPA Rights To exercise any of these rights, please contact us at support@bitegrocery.com. Please note that we may need to verify your identity before processing your request.

Your Rights

Depending on where you reside, you may have the following rights regarding your personal data:

The right to know what personal information is collected.
The right to know if personal information is being shared, and to whom.
The right to access your personal information.
The right to request correction or erasure of personal information.
The right to object to processing your personal information.
The right to transfer or receive a copy of the personal information in a usable and portable format, when any automated processing of personal data is based on your consent or a contract with you.
The right to withdraw your consent to processing, when the processing is based on your consent.

When we are processing data on behalf of another party that is the “data controller,” you should direct your request to that party. You also have the right to lodge a complaint with a supervisory authority, but we encourage you to first contact us with any questions or concerns.

Exercising Your Rights

To exercise the rights described above or if you have a question or concern, please contact us at support@bitegrocery.com, and we will aim to address or resolve it. If we cannot, you have the right to lodge a complaint with your local data protection authority.

Changes

We may need to change this Privacy Statement and our notices from time to time. Any updates will be posted online with an effective date. Continued use of our services after the effective date of any changes constitutes acceptance of those changes.

Contact Us

You can get in touch by emailing us at support@bitegrocery.com.