Terms of Use

Introduction

Bite Grocery - Terms of Use
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.