These Terms of Service ("Terms") govern your use of the Bitey mobile app, watch companion, and heybitey.com (collectively, the "Service"). Bitey is operated by Luke Mulholland, a sole proprietor based in Vancouver, British Columbia, Canada. By creating an account or using the Service, you agree to these Terms. If you don't agree, please don't use Bitey.
1. Who can use Bitey
You must be at least 13 years old (16 in the EEA and UK) to create an account. If you're under the age of majority where you live, you need a parent or guardian's permission. By using Bitey you confirm you meet these requirements.
2. Bitey is not medical advice
Bitey helps you track what you eat. It is not a medical device, diagnostic tool, or substitute for professional medical, nutritional, or mental-health advice. Calorie and macro estimates, especially AI-generated ones from photos or voice, are approximations. Real portion sizes, ingredients, and cooking methods vary.
If you have a medical condition, are pregnant or nursing, have a history of disordered eating, or are considering a significant change to your diet, please talk to a qualified healthcare provider before acting on anything you see in Bitey. Don't rely on Bitey alone to make decisions that affect your health.
3. Your account
- You're responsible for keeping your sign-in credentials secure.
- One account per person. Don't share accounts or let others use yours.
- Keep your profile information reasonably accurate, your calorie targets depend on it.
- Tell us if you suspect unauthorized access: hello@heybitey.com.
4. Subscriptions, billing, and free trial
Bitey has a free tier and a paid tier ("Bitey Pro"). Pro is offered through Apple's in-app purchase system on the following plans:
- Monthly: $9.99 / month.
- Yearly: $49.99 / year, with a 3-day free trial for new subscribers.
- Lifetime: $149 one-time purchase.
Subscription terms:
- Prices shown are in USD. Apple may convert and charge in your local currency at rates it sets.
- Monthly and yearly subscriptions auto-renew at the end of each period unless you cancel at least 24 hours before the renewal date.
- The free trial converts to a paid subscription automatically at the end of the trial period if you don't cancel.
- Cancel anytime in Settings → Apple ID → Subscriptions on your iPhone. You keep Pro benefits until the period you already paid for ends.
- Lifetime purchases are one-time and non-recurring, tied to the Apple ID that made the purchase.
- Refunds are handled by Apple under Apple's refund policy. We don't process refunds directly.
If we change subscription prices or features, we'll give you notice through the app or by email before the change takes effect. Changes won't retroactively affect the current billing period you've already paid for.
5. Your content and license
"Your Content" means the meals, photos, voice recordings, notes, weights, and other data you put into Bitey. You own it. You grant us a limited, non-exclusive, royalty-free license to store, process, and display Your Content solely to operate the Service for you, for example, syncing your meals across your devices or running AI recognition on a photo you submitted.
This license ends when you delete the content or your account, except to the extent we need to keep a copy for a short period in backups (see our Privacy Policy).
6. Acceptable use
Please don't:
- Reverse engineer, decompile, or try to extract our source code or server keys.
- Use automated tools, scrapers, or bots to access the Service or abuse the scan quota.
- Submit content that is illegal, infringes someone else's rights, or is designed to harm a system (malware, etc.).
- Resell or redistribute Bitey, or use it to build a competing product.
- Attempt to access another user's account or data.
We may suspend or terminate accounts that violate these rules.
7. AI output
Bitey uses AI models to recognize food from photos and voice, and to estimate nutrition. AI output can be wrong. We recommend double-checking important numbers and adjusting portions if they look off. We are not responsible for decisions you make based on AI estimates.
8. Intellectual property
Bitey, its name, logo, mascot, copy, designs, and code are owned by us and protected by copyright, trademark, and other laws. We grant you a personal, non-transferable, non-exclusive license to install and use the app on devices you own or control. We don't grant any other rights.
Apple, the Apple logo, iPhone, iPad, Apple Watch, App Store, and HealthKit are trademarks of Apple Inc.
9. Third-party services
Bitey relies on services operated by Apple, Supabase, OpenAI, and (if you use it) Google Sign-In. Their terms and privacy practices also apply when you use their parts of the Service. We don't control them and aren't responsible for their failures, outages, or actions.
10. Termination
You can stop using Bitey and delete your account at any time from the Profile screen. We may suspend or terminate your access if you violate these Terms, abuse the Service, or put other users at risk. If we terminate your account for cause, active subscription fees are non-refundable; reach out to Apple if you believe a refund is warranted.
11. Disclaimers
The Service is provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of nutrition data. We don't promise the Service will be uninterrupted, error-free, secure, or that AI recognition will be correct.
12. Limitation of liability
To the fullest extent allowed by law, Bitey, its owners, and its contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or data, arising out of your use of the Service. Our total liability for any claim related to the Service is limited to the greater of (a) the amount you paid us in the 12 months before the event giving rise to the claim, or (b) $50 USD.
Some jurisdictions don't allow these limits. In those places, our liability is limited to the maximum extent permitted.
13. Indemnity
You agree to defend and hold us harmless from claims and costs (including reasonable legal fees) arising from Your Content, your misuse of the Service, or your violation of these Terms.
14. Changes to the Terms
We may update these Terms from time to time. The "Last updated" date at the top will change. If the change is material, we'll give you notice in-app or by email at least 14 days before it takes effect. Continuing to use Bitey after the change means you accept the new Terms.
15. Governing law and disputes
These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules. You and we agree to try to resolve any dispute informally first by emailing hello@heybitey.com. If we can't, the dispute will be handled by the competent courts located in Vancouver, British Columbia, unless mandatory local consumer-protection laws give you the right to sue where you live.
16. Apple App Store terms
When you use Bitey on an Apple device, the Apple-specific terms required by Apple apply too:
- These Terms are between you and us, not Apple. Apple is not responsible for the app or its content.
- Apple has no obligation to provide support or maintenance for Bitey.
- Apple is not responsible for any claims relating to the app, including product liability, failure to conform to applicable legal requirements, or consumer-protection claims.
- If a third party claims the app infringes their intellectual property, we, not Apple, will handle it.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
17. Contact
Questions about these Terms? Email hello@heybitey.com.