Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) are a binding agreement between you and BiteMark (“BiteMark,” “we,” “us,” or “our”). By creating an account or using the BiteMark mobile application or any related services (collectively, the “Service”), you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 13 years old to use the Service. If you are between 13 and 18 years old, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. You may only maintain one account.

3. Account Registration and Security

To use most features of the Service, you must create an account. You may sign up using an email address and password, Apple Sign-In, or Google Sign-In. You agree to:

• Provide accurate, current, and complete information during registration
• Keep your account credentials secure and confidential
• Notify us immediately at support@bitemark.app if you suspect unauthorized access
• Not share your account credentials or allow others to access your account

You are responsible for all activity that occurs under your account.

4. User Content and License Grant

Ownership

You retain ownership of your User Content. BiteMark does not claim ownership of anything you create.

License Grant

By submitting User Content, you grant BiteMark a worldwide, non-exclusive, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, display, and distribute your User Content in connection with operating, promoting, and improving the Service.

Your Representations

You represent that you own or have the necessary rights to submit your User Content, that it does not infringe any third party's rights, that it is accurate and not intentionally misleading, and that it complies with these Terms and all applicable laws.

5. Prohibited Conduct

You agree not to:

• Manipulate ratings or reviews: Post fake, paid, incentivized, or defamatory ratings or reviews
• Misrepresent your identity: Impersonate another person or create a false identity
• Scrape or collect data: Use automated tools to access, copy, or index the Service
• Reverse engineer: Decompile, disassemble, or reverse engineer the Service
• Interfere with the Service: Upload viruses or overload infrastructure
• Harass or threaten: Engage in abusive, harassing, or discriminatory conduct
• Harvest personal data: Collect personal information of other users
• Use for commercial purposes: Use the Service for unauthorized commercial purposes
• Violate laws: Violate any applicable law or regulation

6. Intellectual Property

The Service, including its design, code, features, branding, and trademarks, is owned by BiteMark and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial use.

Restaurant information is compiled from third-party sources and our own editorial efforts, provided for informational purposes. We do not guarantee accuracy of restaurant details.

7. Third-Party Services

The Service relies on Supabase (database, authentication, storage), Google Places (restaurant data), and Apple/Google (sign-in authentication). Your use of these services may be subject to their respective terms and privacy policies.

8. Termination

You may delete your account at any time through Settings. Account deletion is permanent and removes all your data. We may suspend or terminate your account if you violate these Terms. BiteMark may discontinue the Service with at least 30 days' notice via email.

9. Disclaimer of Warranties

The Service is provided on an “as is” and “as available” basis without warranties of any kind. BiteMark disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. BiteMark does not endorse or guarantee any restaurant listed in the Service.

10. Limitation of Liability

To the maximum extent permitted by law, BiteMark shall not be liable for any indirect, incidental, special, consequential, or punitive damages. BiteMark's total liability shall not exceed one hundred dollars ($100). Some jurisdictions do not allow the exclusion or limitation of certain damages, so some limitations may not apply to you.

11. Dispute Resolution

Before filing any legal claim, you agree to try to resolve the dispute informally by contacting support@bitemark.app. Any dispute shall be resolved exclusively in the state or federal courts located in New York County, New York. These Terms are governed by the laws of the State of New York.

You agree that any claims must be brought in your individual capacity and not as a class member in any purported class or representative action.

12. Changes to Terms

We may modify these Terms at any time with at least 30 days' notice. Your continued use after the effective date constitutes acceptance. If you disagree, stop using the Service and delete your account.

13. General Provisions

• These Terms and our Privacy Policy constitute the entire agreement between you and BiteMark.
• If any provision is found unenforceable, the remaining provisions continue in effect.
• Our failure to enforce any right does not constitute a waiver.
• BiteMark may assign these Terms without restriction. You may not assign without our consent.

14. Contact Us

If you have questions about these Terms, contact us at support@bitemark.app.