Terms of Service
These Terms of Service govern your use of BitePics and outline the rights and responsibilities for both users and our service.
Last Updated: January 15, 2025
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Agreement to Terms
Important Notice
By accessing or using BitePics, you agree to be bound by these Terms of Service and our Privacy Policy. If you disagree with any part of these terms, you may not access or use our service.
These Terms of Service ("Terms") govern your use of the BitePics website, mobile application, and related services (collectively, the "Service") operated by BitePics ("we," "us," or "our").
These Terms constitute a legally binding agreement between you and BitePics. Please read them carefully before using our Service.
Service Description
BitePics is an AI-powered platform that enables restaurants and food businesses to create and enhance food photography for marketing purposes.
Core Features
- • AI-powered image generation from text descriptions
- • Photo enhancement and professional styling
- • Logo and branding integration
- • Multiple output formats and dimensions
- • Restaurant profile management
Service Delivery
- • Credit-based usage system
- • Subscription and pay-per-use options
- • Cloud-based processing and storage
- • Download and export capabilities
- • Commercial usage rights included
Eligibility and Account Registration
Eligibility Requirements
- Age Requirement: You must be at least 18 years old to use our Service, or have parental consent if between 13-17
- Business Purpose: Service is intended for legitimate food business and marketing purposes
- Legal Authority: You must have the legal authority to enter into this agreement
- Geographic Restrictions: Service must be used in compliance with local laws and regulations
Account Responsibilities
Acceptable Use Policy
Permitted Uses
- • Creating food photography for restaurant marketing and advertising
- • Enhancing existing food photos for commercial purposes
- • Generating images for social media, websites, and promotional materials
- • Educational or training purposes related to food business
- • Personal portfolio development for food professionals
Prohibited Uses
- • Creating misleading or deceptive food imagery
- • Generating content that violates health or safety regulations
- • Using the service for illegal activities or fraudulent purposes
- • Attempting to reverse engineer or copy our AI technology
- • Sharing account credentials or reselling service access
- • Uploading content that infringes third-party intellectual property
- • Generating offensive, harmful, or inappropriate content
- • Automated or excessive use that may impact service performance
Violation of these usage policies may result in account suspension, termination, or legal action. We reserve the right to investigate suspicious activity and take appropriate measures to protect our service and users.
User Content and Intellectual Property
Your Content Rights
Content Responsibilities
- You warrant that you have the right to upload and use all content you provide
- You agree not to upload content that infringes third-party rights or violates applicable laws
- We may remove content that violates these Terms or our community standards
Our Intellectual Property
The BitePics platform, including our AI technology, algorithms, software, designs, trademarks, and all related intellectual property, remains our exclusive property. You may not copy, modify, distribute, or reverse engineer any part of our Service.
Payment Terms and Billing
Credit System
Our service operates on a credit-based system where each image generation or enhancement consumes one credit. Credits can be purchased through subscription plans or individual credit packs.
Subscription Plans
- • Monthly or annual billing cycles
- • Automatic credit allocation each period
- • Credits roll over between billing cycles
- • Cancel anytime with no early termination fees
- • Managed through our payment provider Polar
Credit Packs
- • One-time purchase options
- • Credits never expire
- • Various pack sizes available
- • Instant credit allocation
- • No recurring billing
Billing and Payments
Refunds and Cancellations
Refund Policy
- 7-Day Guarantee: Full refund for subscription plans within 7 days of purchase
- Unused Credits: Refunds available for completely unused credit packs within 7 days
- Service Issues: Credits restored for generations affected by technical problems
Cancellation Terms
- Easy Cancellation: Cancel subscriptions anytime through your account or customer portal
- End of Period: Service continues until the end of your current billing period
- Data Retention: Account data retained for 30 days after cancellation
Refund Process
To request a refund, contact our support team at info@bite.pics within the applicable refund period. Refunds are processed within 5-7 business days to your original payment method.
Service Availability and Limitations
Service Uptime
We strive to maintain high service availability but cannot guarantee 100% uptime. Our service may be temporarily unavailable due to:
- • Scheduled maintenance and updates
- • Technical issues or system failures
- • Third-party service dependencies
- • Force majeure events beyond our control
Service Limitations
Disclaimer of Warranties
Important Legal Notice
Our Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
Liability Limitations
To the maximum extent permitted by applicable law, BitePics shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.
Our total liability for any claim arising from your use of the Service shall not exceed the amount you paid to BitePics in the 12 months preceding the claim.
Specific Exclusions
Indemnification
You agree to indemnify, defend, and hold harmless BitePics and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with:
- Your use of our Service or violation of these Terms
- Your uploaded content or any infringement of third-party rights
- Your violation of any applicable laws or regulations
- Your violation of any third-party rights
Termination
Termination by You
- • Cancel your account anytime through account settings
- • Download your data before termination
- • Unused credits may be eligible for refund within 7 days
- • Account data deleted after 30-day retention period
Termination by Us
- • Violation of Terms of Service or Acceptable Use Policy
- • Suspected fraudulent or illegal activity
- • Non-payment of fees (after notice and cure period)
- • Discontinuation of service (with 30-day notice)
Effects of Termination
Upon termination, your right to use the Service ceases immediately. We will retain your data for 30 days to allow for account reactivation, after which it will be permanently deleted unless required for legal purposes.
Dispute Resolution
Informal Resolution
Before pursuing formal dispute resolution, please contact our support team to attempt informal resolution:
- • Email: info@bite.pics
- • Include detailed description of the issue
- • We'll respond within 48 hours
- • Most issues can be resolved through direct communication
Binding Arbitration
If informal resolution fails, any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
- • Single arbitrator proceedings
- • Location: [Your jurisdiction]
- • English language proceedings
- • Limited discovery to reduce costs
- • Final and binding decision
You agree to resolve disputes individually and waive the right to participate in class action lawsuits or class-wide arbitrations, except where prohibited by applicable law.
Governing Law and Jurisdiction
General Provisions
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and BitePics regarding your use of the Service and supersede all prior agreements and understandings.
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
Assignment
You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms to any affiliate or successor without restriction.
Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Changes to These Terms
We reserve the right to modify these Terms at any time. When we make changes, we will notify you and update the "Last Updated" date.
Contact Information
If you have any questions about these Terms of Service, please contact us:
Legal Inquiries
Customer Support
We're committed to addressing your legal and service questions promptly and professionally.