Legal

Terms of Service

Effective date: January 12, 2025. These Terms of Service govern your access to and use of the Bites Platform. By accessing or using the Platform you agree to these Terms, our Privacy Policy, and all supplemental policies referenced herein.

Need another copy? Email our legal team for a signed version or bespoke data processing agreement.

1. Introduction

Welcome to Bites, a service provided by Bites Labs Inc. ("Bites," "we," "us," or "our"). By accessing or using our websites, mobile applications, or streaming services (collectively, the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you are entering into this agreement on behalf of a company, organization, or other legal entity (an "Entity"), you represent and warrant that you have the authority to bind the Entity to these Terms.

2. Eligibility

You must be at least 13 years old to use the Platform. If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you may only use the Platform under the supervision of a parent or legal guardian. Organizations and rightsholders entering commercial agreements must have the legal capacity to contract and comply with all applicable laws.

3. Account Registration

To access certain features, you must create an account by providing accurate and complete information, including your name, organization, email, and billing details. You are responsible for safeguarding your login credentials and for all activities that occur under your account. Notify us immediately at legal@bitesapp.xyz if you suspect any unauthorized use of your account.

4. Platform Services

Bites provides tools that enable creators, venues, and rightsholders to: • Capture, encode, and broadcast live or on-demand video using mobile and connected devices. • Monetize content through ticketing, subscriptions, sponsorships, and interactive commerce. • Analyze audience engagement and revenue performance. We may update or modify Platform features with or without notice to maintain functionality, security, or compliance.

5. User Content

You retain ownership of all live streams, recordings, images, audio, text, graphics, logos, and other materials that you submit or broadcast through the Platform (collectively, "User Content"). By providing User Content, you grant Bites a worldwide, non-exclusive, royalty-free, transferable license to host, cache, process, transmit, reproduce, distribute, promote, and display User Content solely for the purpose of operating and improving the Platform. You are responsible for ensuring you have all rights, consents, and clearances necessary to publish and monetize User Content.

6. Acceptable Use

You agree not to: • Upload or transmit any content that is unlawful, defamatory, obscene, or infringing. • Engage in fraud, impersonation, scraping, or unauthorized data collection. • Circumvent Platform security or interfere with other users' access. • Use the Platform for surveillance, harassment, or commercial solicitation unrelated to your streaming activity. We may suspend or terminate accounts that violate these Terms or applicable laws.

6.1. User-Generated Content & Community Standards

Bites has ZERO TOLERANCE for objectionable content, abusive behavior, or harassment on our Platform. While content is primarily produced by our production house, any user interactions including comments, profiles, messages, or other contributions must comply with these standards: • No hate speech, harassment, bullying, threats, or violence. • No sexually explicit, pornographic, or obscene material. • No illegal activity, fraud, impersonation, or spam. • No content that infringes intellectual property rights. REPORTING & MODERATION: • Users can report objectionable content or abusive users directly within the app using the "Report" button. • Users can block abusive users from their profile or interaction screens. • All reports are reviewed by our moderation team within 24 hours. • Violating users will be immediately suspended or permanently banned. • Offending content will be removed within 24 hours of verified reports. By using Bites, you agree to these Community Standards and acknowledge that violations may result in immediate account termination without refund.

7. Payment Processing

Monetization features may require you to connect a payment processor, such as Stripe or Apple/Google in-app purchase systems. You authorize Bites to collect fees, commissions, and applicable taxes. Payout schedules, chargebacks, and transactional terms are governed by your agreements with third-party processors. Bites is not responsible for delays or errors caused by payment partners.

8. Intellectual Property

All software, documentation, branding, and content made available by Bites (excluding User Content) are owned by Bites or its licensors and are protected by intellectual property laws. You may not reverse engineer, decompile, copy, or exploit any part of the Platform without our prior written consent. Feedback you provide may be used to improve our services without compensation.

9. Confidentiality

Any non-public information shared between you and Bites, including product roadmaps, pricing, or audience data, must be kept confidential and used solely for purposes authorized in writing. This obligation continues after termination of these Terms.

10. Data Privacy

Our collection, use, and disclosure of personal information is governed by the Bites Privacy Policy. By using the Platform, you consent to our data handling practices, including international transfer and processing of information.

11. Term and Termination

These Terms remain in effect until terminated by either party. You may terminate by closing your account and ceasing use of the Platform. We may suspend or terminate access for breach, non-payment, or compliance reasons. Upon termination, the licenses granted to us will end except for archival copies retained for legal obligations.

12. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT STREAMS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BITES AND ITS AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, USE, OR GOODWILL. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID TO BITES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

14. Indemnification

You agree to defend, indemnify, and hold harmless Bites from any claims, losses, damages, liabilities, and expenses (including reasonable attorney fees) arising out of or related to your User Content, your use of the Platform, or your breach of these Terms.

15. Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of Delaware, excluding conflict of law principles. Any dispute will be resolved through binding arbitration in New York County, New York, under the rules of the American Arbitration Association. You agree to waive any right to participate in class actions relating to the Platform.

16. Export Compliance

You agree to comply with all U.S. and international export laws and regulations, and not to use the Platform in any manner that violates trade sanctions.

17. Changes to These Terms

We may update these Terms from time to time. Material changes will be notified via email or through the Platform at least seven (7) days before taking effect. Continued use after the effective date constitutes acceptance of the revised Terms.

18. Contact Information

For questions about these Terms, contact legal@bitesapp.xyz or Bites Labs Inc., 45 Prospect Street, Brooklyn, NY 11201.

If you distribute the Bites app through the Apple App Store or Google Play, you must comply with the respective store policies, including guidelines for streaming, user-generated content, and digital goods. We provide compliance documentation upon request to facilitate app review and launch.