Bite Inc Product Terms of Service
Last Updated: May 2025
Thank you for using a Bite Inc.-powered digital ordering experience. These Terms of Service ("Terms") govern your use of any website, kiosk interface, mobile ordering application, or related digital ordering service (collectively, the "Services") that is powered by Bite Inc. technology and operated on behalf of a restaurant or food service brand (the "Brand"). This Terms of Service is a legal agreement between you and Bite Inc. ("Bite"), and not the Brand.
PLEASE READ THESE TERMS CAREFULLY. By accessing or using the Services, clicking "I Accept," completing a registration, or placing an order, you represent that: (1) you have read and agree to be bound by these Terms; (2) you are of legal age to form a binding contract; and (3) you have authority to enter into these Terms on behalf of yourself or any entity you represent.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND WAIVER OF JURY TRIAL, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
Bite may update these Terms at any time. Material changes will be communicated by updating the "Last Updated" date above and, where applicable, by notice through the Services or by email. Your continued use of the Services following any update constitutes your acceptance of the revised Terms.
1. The Services and the Brand Relationship
Bite provides white-label digital ordering technology to restaurant brands, food service operators, and hospitality companies (each, a "Brand"). When you use a Bite-powered ordering interface — whether a kiosk, a web ordering page, or a mobile application — you are interacting with Bite technology deployed and branded by the Brand. The menu, products, pricing, promotions, and other offerings available through the Services are determined solely by the Brand. Bite has no control over, and no liability for, the Brand's products, prices, availability, or fulfillment.
Your commercial relationship for the purchase of food, beverages, or related products is with the Brand, not with Bite. Bite is the technology provider enabling that transaction on the Brand's behalf.
2. License to Use the Services
2.1 Grant
Subject to your compliance with these Terms, Bite grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your personal, non-commercial purpose of browsing and ordering products offered by the Brand.
2.2 Restrictions
You may not:
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from any Bite software or technology;
- Copy, distribute, sublicense, sell, resell, or exploit any portion of the Services for commercial purposes;
- Use automated software, bots, scrapers, or similar tools to access or interact with the Services;
- Access the Services to build a competing or substantially similar product or service;
- Remove or alter any copyright, trademark, or proprietary notices from any part of the Services;
- Attempt to gain unauthorized access to any portion of the Services or any related system or network;
- Transmit any harmful, unlawful, or malicious code through the Services.
Any unauthorized use terminates the license granted under these Terms.
3. Registration and Account
Certain features of the Services may require you to register an account or provide contact information, including a name, email address, and mobile phone number. You agree to provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify Bite immediately of any unauthorized account access at privacy@getbite.com.
You represent that you are at least 13 years of age or, if younger, that you have the consent of a parent or legal guardian to use the Services. You agree to monitor your account and accept responsibility for any unauthorized use by minors.
4. Brand Products and Offerings
The products, menus, pricing, and promotions made available through the Services are determined solely by the Brand. Bite makes no representations or warranties regarding the accuracy, completeness, or availability of any Brand product listings. Bite is not responsible for any modification, unavailability, or discontinuation of any product or service offered by the Brand.
Any delivery service offered through the Services is provided at the Brand's sole discretion. Bite has no liability for delivery-related issues, including delays, errors, or non-delivery.
5. Payment and Billing
You agree to pay all fees and charges for orders placed through the Services in accordance with the pricing and billing terms established by the Brand. By placing an order and submitting payment, you authorize the applicable payment processor to charge your designated payment method for the full order amount, including applicable taxes and fees. You acknowledge that an order command originating from your account constitutes a payment authorization.
Payment processing is performed by PCI DSS-compliant third-party payment processors. Bite does not store raw payment card numbers. You must provide a valid payment method accepted by the Services. You agree to notify Bite promptly of any changes to your billing information.
6. Refund Policy
Bite is not responsible for full or partial refunds on orders placed through the Services. Refund decisions are made solely by the Brand in accordance with the Brand's policies. To request a refund, contact the Brand location directly using the contact information provided at the point of purchase as soon as possible after the transaction.
7. Guest Data, Mobile Phone Numbers, and SMS Communications
7.1 Data Collected on Behalf of the Brand
When you use a Bite-powered ordering interface, Bite collects certain personal information on behalf of, and at the direction of, the Brand. This may include your name, email address, mobile phone number, order history, and payment information. Bite acts as a service provider and technology operator for the Brand with respect to this information. The Brand's privacy policy governs the Brand's use of your personal information. Bite's handling of personal information on its own behalf is described in the Privacy Policy section below.
7.2 Mobile Phone Number Collection
You may be prompted to provide your mobile phone number when placing an order or enrolling in a Brand loyalty program through the Services. By providing your mobile phone number, you authorize Bite, on behalf of the Brand, to use that number for the following purposes:
- Sending transactional SMS messages related to your order, including order confirmation, estimated wait time, and receipt delivery;
- Transmitting your phone number to the Brand's point-of-sale system ("POS"), loyalty platform, or customer data platform as necessary to fulfill your order and link your account;
- Enabling enrollment in the Brand's loyalty or rewards program, if applicable;
- Sending promotional or marketing SMS messages, only if you separately opt in as described in Section 7.4.
7.3 Transactional SMS
By providing your mobile phone number and placing an order, you consent to receive transactional SMS messages from Bite and/or the Brand related to your order. Transactional messages may include order confirmations, order ready notifications, and digital receipts. These messages are necessary for order fulfillment and are not contingent on marketing consent. Message and data rates may apply.
7.4 Marketing SMS — Separate Opt-In Required
Bite and the Brand will not send you marketing or promotional SMS messages unless you expressly opt in at the time of ordering or through the Brand's loyalty program enrollment. Opt-in may be provided by checking an opt-in box on the ordering interface, texting a keyword to a short code, or enrolling in a Brand loyalty program that includes SMS marketing.
By opting in to marketing SMS, you consent to receive recurring automated promotional text messages from Bite on behalf of the Brand at the mobile number provided. Consent to marketing SMS is not a condition of purchase and may be withdrawn at any time.
7.5 Opting Out
You may opt out of marketing SMS at any time by replying STOP to any marketing text message, or by contacting Bite at privacy@getbite.com. Opting out of marketing SMS does not affect your ability to receive transactional messages related to an active order. For assistance, reply HELP to any SMS or contact privacy@getbite.com.
7.6 TCPA Compliance
Bite's SMS communications are operated in compliance with the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227. By providing a mobile phone number through the Services, you represent that you are the subscriber or authorized user of that number and have authority to provide the consent described in this Section.
7.7 Passing Data to Brand Technology Partners
To fulfill your order and support Brand operations, Bite may transmit your contact information and order data to third-party technology platforms operating as the Brand's vendors, including point-of-sale systems (such as Toast, Oracle MICROS, NCR, Square, and PAR Brink), loyalty and rewards platforms (such as Punchh, Paytronix, Thanx, and Spendgo), and customer data platforms. These transmissions occur at the direction of and on behalf of the Brand. Bite does not sell your personal information to these platforms for their own independent marketing purposes.
8. Intellectual Property
The Services, including all underlying software, technology, interfaces, algorithms, and related Bite-owned content, are the exclusive property of Bite and are protected by applicable intellectual property laws. Your use of the Services does not grant you any ownership interest in Bite's technology or intellectual property.
Brand names, logos, menus, and other Brand-owned content displayed through the Services are the intellectual property of the respective Brand and are used by Bite under license. Nothing in these Terms transfers any Brand intellectual property rights to you.
9. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BITE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, OR SECURE. BITE MAKES NO WARRANTY REGARDING THE BRAND'S PRODUCTS, PRICING, AVAILABILITY, OR FULFILLMENT.
No advice or information obtained from Bite or through the Services creates any warranty not expressly stated in these Terms.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BITE, THE BRAND, ANY THIRD-PARTY PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES — ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR BRAND PRODUCTS, REGARDLESS OF THE THEORY OF LIABILITY.
BITE'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE PARTIES ACKNOWLEDGE THAT THIS LIMITATION REFLECTS THE ALLOCATION OF RISK UNDER THESE TERMS AND THAT BITE WOULD NOT PROVIDE THE SERVICES WITHOUT THESE LIMITATIONS.
Some jurisdictions do not permit the exclusion of certain warranties or limitations on incidental or consequential damages; in those jurisdictions, Bite's liability is limited to the maximum extent permitted by law.
11. Indemnification
You agree to indemnify, defend, and hold harmless Bite, the Brand, and each of their respective agents, employees, representatives, licensors, affiliates, officers, and directors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) any information you submit or transmit through the Services; (b) your use of or access to the Services; (c) your violation of these Terms; (d) your violation of any third-party rights; or (e) any harmful or malicious code introduced by you into the Services.
12. Electronic Communications
By using the Services and providing your contact information, you consent to receive electronic communications from Bite and the Brand, including order confirmations, receipts, service notifications, and — with your consent — marketing communications. Electronic communications satisfy any legal requirement that such communications be provided in writing.
13. Dispute Resolution; Arbitration; Class Action Waiver
13.1 Informal Resolution
Before initiating any formal dispute, you agree to contact Bite in writing at legal@getbite.com, describing the nature of your claim and the relief sought. Bite will attempt to resolve the dispute informally within 30 days of receiving notice.
13.2 Binding Arbitration
If informal resolution is unsuccessful, all disputes, claims, or controversies arising out of or relating to these Terms or your use of the Services — excluding claims for injunctive or equitable relief — shall be resolved by final and binding arbitration on an individual basis. Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall be conducted by a single neutral arbitrator. For claims under $10,000, arbitration may be conducted by telephone, online, or based on written submissions at the election of the party seeking relief. Any judgment on the arbitration award may be entered in any court of competent jurisdiction.
13.3 Class Action and Jury Trial Waiver
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS. CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR ON A CLASS BASIS. YOU AND BITE EACH WAIVE ANY RIGHT TO A JURY TRIAL FOR DISPUTES COVERED BY THIS SECTION.
13.4 Exceptions
Either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction to maintain the status quo pending arbitration. Claims related to intellectual property infringement, the Computer Fraud and Abuse Act, and defamation are not subject to arbitration.
13.5 Governing Rules; Severability
This Arbitration Agreement shall survive termination of these Terms. If any part of this Section is found invalid or unenforceable, the remaining provisions shall continue in full force.
14. Choice of Law; Jurisdiction
These Terms are governed by the laws of the State of New York, without regard to conflict of law principles, consistent with the Federal Arbitration Act. For any dispute not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in New York County, New York.
15. Termination
Bite may suspend or terminate your access to the Services immediately, with or without notice, if you materially breach these Terms or if Bite determines, in its sole discretion, that such action is necessary to protect the integrity of the Services or the Brand. Upon termination, all licenses granted to you under these Terms will immediately terminate. Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive.
16. Third-Party Services and App Stores
The availability and functionality of the Services may depend on third-party platforms, including mobile app stores (Apple App Store, Google Play). These Terms govern the relationship between you and Bite; they do not govern your relationship with any third-party platform. Bite, not the app store, is solely responsible for the Services, including support and warranty obligations. You agree to comply with all applicable third-party terms when using the Services.
17. Modifications to the Services and Terms
Bite reserves the right to modify, suspend, or discontinue the Services at any time, with or without notice. Bite also reserves the right to modify these Terms at any time. When material changes are made, Bite will update the "Last Updated" date and, where required by law, provide advance notice. Your continued use of the Services following any modification constitutes your acceptance of the updated Terms.
18. Export Control
You may not use, export, or transfer the Services except as authorized by applicable U.S. law and the laws of any other applicable jurisdiction. You represent that you are not located in a country subject to a U.S. government embargo or designated as a state sponsor of terrorism, and that you are not listed on any U.S. government prohibited or restricted parties list.
19. General Provisions
19.1 Entire Agreement
These Terms, together with the Privacy Policy below, constitute the entire agreement between you and Bite regarding the Services and supersede all prior agreements and understandings relating to the same subject matter.
19.2 Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.
19.3 Waiver
Bite's failure to enforce any provision of these Terms on any occasion will not constitute a waiver of that provision or any other provision.
19.4 Assignment
You may not assign, subcontract, delegate, or otherwise transfer your rights or obligations under these Terms without Bite's prior written consent. Any attempted assignment without consent is void. Bite may assign these Terms freely in connection with a merger, acquisition, or sale of assets.
19.5 Force Majeure
Bite shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, war, terrorism, natural disasters, government actions, labor disputes, or failures of third-party infrastructure.
19.6 Electronic Agreement
These Terms are entered into electronically. Your acceptance by clicking, accessing, or using the Services is valid and enforceable to the same extent as a written signature.
20. Contact and Notice
For questions, complaints, or notices regarding these Terms or the Services, contact Bite at:
- Bite Inc. 30 University Pl, Unit 125, New York, NY 10003
- Email: legal@getbite.com
- Privacy inquiries: privacy@getbite.com
- Website: www.getbite.com
For California residents: In accordance with California Civil Code §1789.3, complaints may also be reported to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Privacy Policy
Last Updated: May 2025
Bite Inc. ("Bite," "we," "us," or "our") operates as a technology service provider for restaurant brands and food service operators. This Privacy Policy describes how Bite collects, uses, and discloses information in connection with the digital ordering and kiosk services we power on behalf of our Brand partners.
When you use a Bite-powered ordering experience, the Brand is the primary party with which you have a commercial relationship. The Brand's privacy policy governs the Brand's independent use of your personal information. This policy governs Bite's handling of personal information in its capacity as technology provider.
A. Information We Collect
Bite collects the following categories of personal information through the Services:
- Contact information, including name, email address, and mobile phone number, provided by you when placing an order or registering an account;
- Order information, including items ordered, customizations, order history, and transaction amounts;
- Payment information, processed by a PCI DSS-compliant third-party payment processor; Bite does not store raw payment card data;
- Device and technical information, including device type, browser type, IP address, and usage data, collected automatically to operate and improve the Services;
- Loyalty and account information, if you enroll in the Brand's loyalty program through the Services.
B. How We Use Information
Bite uses personal information to:
- Operate and deliver the Services on behalf of the Brand;
- Process and fulfill orders placed through the Services;
- Send transactional communications, including order confirmations, status updates, and receipts, via email or SMS;
- Transmit order and contact data to the Brand's POS system, loyalty platform, or customer data platform as directed by the Brand;
- Improve, maintain, and secure the Services;
- Comply with applicable legal obligations;
- Send marketing communications only with your express prior consent.
C. How We Share Information
Bite shares personal information in the following circumstances:
- With the Brand: We share your order and contact information with the Brand for order fulfillment, loyalty program participation, and Brand customer service purposes.
- With Brand technology partners: At the Brand's direction, Bite may transmit your contact information and order data to third-party platforms the Brand uses for POS, loyalty, payments, and customer data management. See Section 7.7 of the Terms of Service for examples.
- With service providers: We share information with vendors who assist us in operating the Services, subject to contractual confidentiality obligations.
- For legal and safety purposes: We may disclose information as required by law, regulation, legal process, or to protect the rights, property, or safety of Bite, its users, or the public.
- In connection with business transfers: Information may be transferred in connection with a merger, acquisition, or sale of Bite's business assets.
Bite does not sell personal information to third parties for monetary consideration.
D. SMS and Electronic Communications
See Section 7 of the Terms of Service above for Bite's full policy on mobile phone number collection, transactional and marketing SMS, opt-in and opt-out procedures, and TCPA compliance.
E. Data Retention
Bite retains personal information for as long as necessary to fulfill the purposes described in this policy, to provide the Services, to comply with legal obligations, and to resolve disputes. Operational order and contact data may be retained to support Brand loyalty and customer service functions, consistent with the Brand's instructions and applicable law.
F. Data Security
Bite maintains commercially reasonable technical, administrative, and physical safeguards designed to protect personal information from unauthorized access, loss, misuse, or alteration, including encryption of data in transit and at rest. However, no method of electronic storage or transmission is completely secure. Bite cannot guarantee absolute security of personal information.
G. Your Rights and Choices
Depending on your jurisdiction, you may have the right to access, correct, or request deletion of personal information Bite holds about you. To exercise these rights, contact privacy@getbite.com. For rights related to personal information held by the Brand, contact the Brand directly.
California residents have additional rights under the CCPA and CPRA, including rights to know, delete, correct, and opt out of the sale or sharing of personal information. To submit a CCPA/CPRA request, contact privacy@getbite.com.
H. Children's Privacy
The Services are not directed to children under the age of 13, and Bite does not knowingly collect personal information from children under 13. If you believe a child has provided personal information through the Services, contact privacy@getbite.com and we will promptly address the matter.
I. Changes to This Policy
Bite may update this Privacy Policy from time to time. Material changes will be reflected in an updated "Last Updated" date. We encourage you to review this policy periodically.
J. Contact
Questions or requests regarding this Privacy Policy should be directed to:
- Bite Inc. — Privacy
- Email: privacy@getbite.com
- Website: https://getbite.com