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Last modified
Nov 25, 2025
End User License Agreement
Acceptance of the Terms of Use
Welcome to the Business Intelligence for Trade Enforcement (BITE) Application, owned and operated by The BITE Data Corporation (“BITE,” “we,” “us,” “our”, or “The Company”). These Terms of Use and End User License Agreement (collectively, the “Agreement”) govern your access to and use of:
The BITE web application located at https://app.bitedata.io, that includes access through the BITE website at https://bitedata.io.
BITE’s Application Programming Interface (“API”),
BITE’s Machine-to-Machine or Multi-Client Platform (“MCP”) integrations,
Any BITE-provided software, datasets, analytics, content, or tools (“Data”), and
Any services, subscriptions, professional services, or features offered by BITE (collectively, the “Services”).
By using the Services or by clicking “I Agree,” you accept and agree to be bound by this Agreement and our Privacy Policy, both available for reference on the BITE website or within the web application. If you do not agree with the terms, you must not access or use the Services.
By using the Services, you represent and warrant that you are of legal age to form a binding contract and meet all eligibility requirements. If you do not meet all such requirements, do not use or access the Services.
Changes to the Terms of Use
We may revise and update this Agreement from time to time. When changes occur, we will provide users with a 30-day review period prior to approval and publication. Unless otherwise stated, all changes become effective immediately once posted and apply to all access to and use of the Services thereafter. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the updated Agreement. You are responsible for reviewing this Agreement regularly to stay informed of any modifications.
Changes to dispute-resolution provisions do not apply to disputes of which the parties had actual notice prior to the posting date.
Accessing the Application, Data and Account Security
We reserve the right to withdraw or amend the Services in our sole discretion, including as they relate to data, APIs, MCPs, and user interface tools. In circumstances requiring immediate action - such as security issues, legal requirements, or urgent operational needs - changes may take effect immediately, and we will notify users as soon as reasonably possible. When practicable, for platform amendments or updates that do not remove services and are non-urgent, we will provide reasonable notice or communication to users regarding material changes, with the goal to ensure their access , experience and use of the platform is not degraded. For any service removals that are detrimental to the user’s experience, BITE will provide 30 days’ notice of the proposed removal.
3.1 Account Requirements
To access certain components, you must create an account and provide accurate, current, and complete registration information. You consent to all actions we take with respect to your information as consistent with our Privacy Policy.
If you are provided a username, password, API key, MCP credential, or other identifier, you must maintain its confidentiality and not disclose it to any other party. You are responsible for all activity conducted under your credentials.
You must notify BITE immediately of any unauthorized access or breach of security.
The BITE web application can only be accessed once a user account is created and registration is completed by the User at the bitedata.io site.
The BITE web is a subscription-based application and requires payment in order to access modules that contain data once the free trial is over.
BITE includes the ability to 1) create a ‘Team’ account that includes multiple users and 2)assign Administrators for the Team account
BITE cannot be held responsible for the actions of Team Administrators.
You are responsible for the following:
Ensuring you and users within your team are in the correct ‘Team’ account on the BITE application
Ensuring that all persons who access the Application through your internet connection are aware of these Terms of Use and comply with them.
To access the Application and the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Application that all the information you provide on the Application is correct, current, and complete. You agree that all information you provide to register with this Application or otherwise, including, but not limited to, through the use of any interactive features on the Application, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Application or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
3.2 Team Accounts
BITE enables “Team” accounts with multiple users and designated administrators. Team administrators have broad permissions, including adding and removing users, managing billing, and controlling access. BITE is not liable for the actions or omissions of Team administrators.
3.3 Automatic Disabling of Accounts
We reserve the right to disable any account or credential if, in our opinion, you violate any provision of this Agreement or otherwise present security, legal, or operational risks.
For accounts that include an active subscription or license, upon account disablement, BITE will provide user with written explanation, provided to the email of record for the account, as to why the account was disabled. User will have 72 hours to respond to the email, after which BITE management will make a decision to reinstate or permanently disable the account.
For accounts that do not include an active subscription or license, BITE will disable accounts without due notice should a violation occur.
License Grant and Permitted Uses
Subject to your compliance with this Agreement and payment of all applicable fees, BITE grants you a:
Limited,
Revocable,
Non-exclusive,
Non-transferable,
Non-sublicensable
license to access and use the Services solely for your internal business purposes.
4.1 License to Use the Platform and Application
You may access and use the Application through:
The BITE web interface,
Valid user accounts,
Permitted team structures.
Application Programming interface (API) including APIs that support
Private / White Label version of the platform approved by BITE on a case by case basis
4.2 License to Use BITE Data
You may:
View, query, and interact with Data within the Services;
Export limited portions of Data as allowed by your subscription tier;
Generate internal analyses or metrics (“Derived Data”).
4.3 Restrictions on Use of BITE Data
You may not:
Redistribute, publish, resell, or commercialize BITE Data;
Provide downstream or public access to BITE Data;
Use BITE Data to build a competing dataset, service, or product;
Store or download BITE Data in bulk or replicate entire databases;
Scrape or employ automated systems to extract large volumes of Data;
Use BITE Data as evidence, accusation, or adjudicatory material in legal, investigative, or enforcement contexts;
Circumvent technical controls, authentication, or rate limits.
4.4 Partner Access and White / Private-Label Access
4.4.A White-Label, Private-Label, and Distribution Rights
Subject to Customer’s compliance with this Agreement and payment of all applicable Fees, BITE grants Customer a limited, non-exclusive, non-transferable license to white-label specific, pre-agreed modules of the Services solely to provide Customer-branded services to Customer’s end clients (“End Clients”). Nothing in this Agreement shall be interpreted as granting Customer any ownership or independent licensing rights in the underlying BITE Services, software, APIs, Data, or intellectual property. Customer is required to enter into a separate agreement in order to receive white label access, authorized by company personnel with authorization levels to do so.
4.4A.1 Permitted Distribution to End Clients
Customer will work with BITE to determine the specific modules that Customer is permitted to white-label. Customer may provide End Clients with access to the approved, white-labelled version of the Platform and may charge End Clients for such access as part of Customer’s broader service offering, provided that:
(a) all End Client access occurs exclusively within Customer’s private, controlled environment (e.g., behind Customer’s firewall or authenticated systems) and is not made available to any individual or entity that is not an authorized End Client as defined herein, including users not enrolled in Customer’s systems;
(b) each End Client is bound by written contractual terms no less protective of BITE’s rights than the terms of this Agreement and the BITE EULA; and
(c) Customer remains fully responsible for all End Client use of the Platform, including compliance with all restrictions and obligations under this Agreement.
Any breach by an End Client shall be deemed a breach by Customer.
4.4A.2 Restrictions to Prevent Downstream Resale or Public Access
Customer shall not, and shall ensure that End Clients shall not:
(a) resell, sublicense, distribute, or otherwise make available the Platform or any underlying BITE Data to any third party other than authorized End Clients;
(b) make the Platform or any portion thereof available to the general public, including via any public-facing website, public portal, or open API;
(c) provide multi-tenant, anonymous, shared, bulk, or unrestricted access to the Platform; or
(d) disassemble, scrape, extract, or attempt to extract raw BITE Data or underlying data structures in violation of this Agreement or the BITE EULA.
These restrictions apply in addition to all limitations contained in Sections 4.3, 4.4, 6, and 7.
White-labeled access does not grant End Clients direct API access unless expressly permitted in writing
4.4A.3 Ownership and Branding
Customer may apply its own branding, styles, and interface elements to the white-labelled version of the Platform, provided Customer does not remove, obscure, alter, or interfere with any proprietary notices embedded by BITE. BITE retains all ownership and intellectual property rights to the underlying Platform, APIs, Data, MCP integrations, analytics, and configuration architecture.
Customer shall not attempt to reverse-engineer, replicate, extract, or derive any interface code, design frameworks, configuration files, integration logic, or mechanisms that enable the white-label functionality.
4.4A.4 Usage and Access Logs
BITE reserves the right to collect information regarding Customer’s and End Clients' access to and use of the white-labelled Services, including but not limited to usernames, email addresses, IP addresses, timestamps, and activity logs, to ensure system security, prevent abuse, and support billing and audit processes.
Customer is responsible for ensuring that its End Clients are informed of and consent to such logging as required under applicable law. All data collection will be performed in accordance with BITE’s Privacy Policy. Customer may request a copy of log data relating to its users at any time, subject to reasonable security controls.
Derived Data - Hybrid Ownership Structure
5.1 Customer Ownership
Customer owns Derived Data created internally, provided that:
Derived Data cannot contain raw or reconstructable data from BITE;
Derived Data cannot be commercialized, published, or shared externally;
Derived Data does not grant any rights to underlying BITE Data.
5.2 BITE Ownership of Upstream Data
BITE retains all rights, title, and interest in:
BITE Data,
Data structures, methodologies, and analytics,
The Platform, API, MCP, and all related IP.
5.3 Feedback License
Any suggestions, enhancements, or ideas you submit may be used by BITE freely and without restriction.
API Terms and MCP Integrations
6.1 API License
BITE grants you a limited license to use the API solely to:
Retrieve Data programmatically;
Integrate BITE Data into internal systems;
Support internal analytics and workflows.
6.2 API Restrictions
You agree not to:
Access the API in a manner that circumvents rate limits;
Perform bulk downloads or automated database replication;
Share API keys or MCP credentials;
Reverse-engineer API endpoints;
Use automated polling that degrades platform performance.
6.3 MCP Use
MCP credentials must be:
Tied to a single system or integration point;
Kept secure and rotated regularly;
Not shared across entities, teams, or subsidiaries without written approval.
6.4 Monitoring
BITE may monitor API usage to detect abuse, security threats, or non-compliance.
Intellectual Property Rights
The Application and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Services and all related intellectual property are owned by BITE or its licensors and protected by U.S. and international IP laws.
This includes all:
Software,
Data structures,
Content, datasets, and analytics,
Algorithms, methodologies, and scoring systems,
Documentation and user interfaces.
Any use not expressly permitted under this Agreement is prohibited.
These Terms of Use permit you to use the Application in support of your business functions. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our application, unless approved by BITE, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
If certain subscriptions made available on the Application allow for download of material
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
If accessing the BITE API or MCP, users may NOT download and store the entire contents of the BITE databases or data that they access, unless approved by the BITE Team.
Data cannot be reproduced and re-sold from the BITE platform, and/or user for other commercial purposes.
If you wish to make any use of material on the Application other than that set out in this section, please address your request to:
BITE Data Corporation
40736 Chevington Lane, Leesburg, VA 20175
Email: info@bitedata.io
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Application or data stored within the BITE databases in breach of the Terms of Use, your right to use the Application and its associated data will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Application or any content on the Application is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Application not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Application are the trademarks of their respective owners.
Prohibited Uses
You may use the Application only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Application:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Application, or which, as determined by us, may harm the Company or users of the Application, or expose them to liability.
Additionally, you agree not to:
Use the Application in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Application, including their ability to engage in real time activities through the Application.
Use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application.
Use any manual process to monitor or copy any of the material on the Application, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Application.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Application, the server on which the Application is stored, or any server, computer, or database connected to the Application.
Attack the Application via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Application.
Hold The BITE Data Corporation liable for any resulting loss (physical or monetary), damages, lost profit, or any other negative or consequential damages of any kind whatsoever based on the analysis and deliverables described within this document.
Not leverage or summon any personnel at the BITE Data Corporation, or its parts and affiliates, to support any legal action or coercive action in support of their business operations or dealings at any time, unless directed by a court of law.
At no time should data or results that emanate from the BITE platform, be viewed as an accusation, admission of guilt or any other investigative or legal direction. Customer may interpret and use the data and results in support of their business operations but shall not hold The BITE Data Corporation culpable for any resulting action based on outcomes identified through the use of the BITE platform.
Data cannot be reproduced and re-sold from the BITE platform, and/or user for other commercial purposes.
User Contributions
The Application may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Application.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Application, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Application.
10.1 Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Application or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Application.
Terminate or suspend your access to all or part of the Application for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Application. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Application, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
10.2 Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy (Link).
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
10.3 Copyright Infringement
If you believe that any User Contributions violate your copyright, please contact us at the following address:
BITE Data Corporation
40736 Chevington Lane, Leesburg, VA 20175
Email: info@bitedata.io
10.4 Reliance on Information Posted
The information presented on or through the Application is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Application, or by anyone who may be informed of any of its contents.
This Application may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Compliance
BITE aligns with industry-standard security frameworks, including SOC 2-type controls, secure development practices, and regular internal security reviews.
Changes to the Application
We may update or modify the content, features, or functionality of the Services at any time. While BITE strives to keep information current, we make no guarantee that all materials are up-to-date, accurate, or complete.
Information About You and Your Visits to the Application
All information we collect on BITE is subject to our Privacy Policy. By using the Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy available on our website and posted within the BITE application.
Linking to the Application and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Application may provide certain social media features that enable you to:
Link from your own or certain third-party Applications to certain content on this Application.
Send emails or other communications with certain content, or links to certain content, on this Application.
Cause limited portions of content on this Application to be displayed or appear to be displayed on your own or certain third-party Applications.
You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any Application that is not owned by you.
Cause the Application or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Application other than the homepage.
Otherwise take any action with respect to the materials on this Application that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Application
If the Application contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Applications linked to this Application, you do so entirely at your own risk and subject to the terms and conditions of use for such Applications.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APPLICATION LINKED TO IT.
YOUR USE OF THE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION IS AT YOUR OWN RISK. THE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APPLICATION, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16.1 Uptime
BITE strives to maintain high availability and reliable access to the Services. However, the Services are provided on an “as is” and “as available” basis, and uninterrupted uptime is not guaranteed. Periods of unavailability may occur due to maintenance, updates, security needs, system failures, or factors outside of BITE’s reasonable control.
Uptime guarantees, service level commitments, and service credits are not included under this Agreement. Any uptime obligations or formal Service Level Agreements (“SLAs”) are available only under separate written enterprise or business-to-business (B2B) contracts. Unless you have executed such an agreement with BITE, no uptime guarantee applies
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APPLICATION, ANY APPLICATIONS LINKED TO IT, ANY CONTENT ON THE APPLICATION OR SUCH OTHER APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
To the fullest extent permitted by law, the Company’s total aggregate liability for all claims arising out of or relating to this Agreement or your use of the Services shall not exceed the total amount paid by you to the Company for the Services in the twelve (12) months preceding the event giving rise to the claim. The above limitation does not apply to liability resulting from our gross negligence or willful misconduct. Nothing in this Agreement affects any liability that cannot be excluded or limited under applicable law
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Application, including, but not limited to, your User Contributions, any use of the Application's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Application.
Governing Law and Jurisdiction
All matters relating to the Application and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Virginia, in each case located in the City of Leesburg and County of Loudon, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Subscription, Payments, Terminations, Cancellations, Refunds
BITE modules and services can be purchased through the following methods:
Contract based payment using a Business-to-Business contract with The BITE Data Corporation. Terms and prices will be worked out prior to agreement and will be documented in a business to business contract, signed by both parties.
Online subscription purchased through the BITE web application. Users can purchase subscription to access modules on the BITE platform through the online transactional processing services.
Authorized partners may provide access to BITE modules and services as part of their own platforms, products, or service offerings as a private label offering, per approval from the BITE Data Corporation. In such cases, users may obtain access to the Services through that partner’s subscription, licensing, or billing arrangements. Pricing, service levels, and terms for partner-provided access may differ from those offered directly by BITE. All use of the Services obtained through a partner remains subject to this Agreement, except where a separate written partner agreement expressly states otherwise.
22.1 Payment
For Contract-based (Business to Business) agreements, payment terms will be defined in the contract made between The BITE Data Corporation and the customer.
For payments made through the web application, subscriptions need to be purchased prior to access being provided. Payment is made via ACH or Credit card, and access is provided as soon as payment is made, for a duration spelled out in the online module subscription description.
For payments through authorized partners, instructions for payments and terms of user are dictated by the approved third-party data provider.
22.2 Termination / Cancellation
For Contract-based agreements (Business to Business), termination clauses within the respective contract between BITE Data Corporation and Customer will dictate service and subscription cancellation / termination processes.
For online subscriptions purchased directly through the web application, users can terminate subscriptions at any point by accessing their subscription portal on their account (or requesting their Team Admin to do so), and cancelling the subscription(s). Users will be able to access the module they have cancelled until the end of the month, but their access will not be renewed after month end.
For authorized partners, all cancelation and termination clauses are outlined in the agreement with said authorized partner.
22.3 Refund and Prorates
BITE users will not be provided a refund for their contract-based or monthly subscriptions – users have the ability to cancel at any time and will have access to the platform through to the end of the month for which they have cancelled. However no monetary returns will be provided, and no license renewals will occur until the user(s) signs up for a new subscription or contract.
In extenuating circumstances, users/customers may contact the BITE team to discuss a refund. The possibility and amount of refund will be decided between the BITE and customer/user, and will require sign off from the Chief Executive Officer at BITE Data Corporation, should a refund be allowed in extenuating circumstances. Customer / user will be advised in writing as to the amount of the refund, and the method that they will receive it.
If users add licenses (users), upgrade plans, or increase subscription quantities during a billing cycle, fees for the additional usage will be prorated for the remainder of that cycle and billed immediately. If users are removed, plans are downgraded, or quantities are reduced during a billing cycle, no refunds or credits will be issued for the unused portion of the cycle; however, reduced quantities will take effect at the start of the next billing cycle. Team Administrators are solely responsible for managing user access and subscription quantities, and BITE is not liable for charges incurred due to actions taken by Team Administrators.
Entire Agreement
The Terms of Use and referenced policies constitute the sole and entire agreement between you and BITE Data Corporation regarding the Application and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Application.
Your Comments and Concerns
This Application is operated by BITE Data Corporation with headquarters at 40736 Chevington Lane, Leesburg VA and registered in the State of Delaware at 8 The Green, Suite A, Dover, DE 19901.
All other feedback, comments, requests for technical support, and other communications relating to the Application should be directed to: info@bitedata.io