BiteMe In - Terms of Use
Restaurant Table Reservations
Effective Date: 2025-08-25
Last Updated: 2025-11-25
1. Introduction and Acceptance
1.1 Agreement Overview
These Terms of Use (“Terms”) constitute a binding legal agreement between you (“Merchant,” “you,” or “your”) and Binomio Beer and Wine srl (“BiteMe In,” “we,” “us,” or “our”) governing your access to and use of the BiteMe In restaurant reservation application (“App” or “Service”).
1.2 Acceptance of Terms
By installing, accessing, or using the BiteMe In App, you explicitly agree to be bound by these Terms and the accompanying Privacy Policy. If you do not agree with any part of these Terms, you must immediately discontinue use of the App.
If you are agreeing to these Terms on behalf of a business entity, you represent that you have the legal authority to bind that entity, and “you” and “your” shall refer to such entity.
1.3 Modifications to Terms
BiteMe In reserves the right to modify or replace these Terms at any time at its sole discretion. If a revision is deemed material, we will provide at least 30 days’ notice prior to the new terms taking effect through the Shopify App Store or other appropriate channels. What constitutes a material change will be determined at BiteMe In’s sole discretion.
By continuing to access or use the App after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must cease using the App.
1.4 App Description
BiteMe In is a comprehensive restaurant reservation system designed exclusively for Shopify merchants. The App empowers you to manage table bookings, dining areas, and seating capacity through:
- Customizable storefront booking widgets
- Flexible availability settings with custom time slots and blackout dates
- Automated email notifications for confirmations and reminders
- Automatic table merging for large parties
- Multi-location support (up to five restaurant locations)
- Google Calendar integration
- Deposit management features to reduce no-shows (Pro plan)
2. Service Description
2.1 SaaS Application Definition
BiteMe In is fundamentally a software-as-a-service (SaaS) application. It is exclusively available and operates within the Shopify App Store ecosystem. The App provides a comprehensive suite of tools specifically designed for Shopify merchants to create, manage, and display restaurant table reservations to their customers.
This definition establishes the operational environment and clarifies that billing is handled exclusively by Shopify, support is integrated within Shopify’s ecosystem, and compliance requirements include adherence to Shopify’s app policies.
2.2 Core Features
The Service includes the following core functionalities:
- Reservation Management: Accept, manage, and track customer table reservations
- Booking Widget: Customizable storefront widget that integrates with your Shopify theme
- Availability Management: Configure dining areas, table capacity, time slots, and blackout dates
- Email Notifications: Automated confirmation and reminder emails to reduce no-shows
- Customer Data Collection: Capture customer contact information and reservation preferences
- Calendar Integration: Sync reservations with Google Calendar
- Deposit Management: Collect deposits for reservations to minimize no-shows (Pro plan feature)
- Multi-Location Support: Manage up to five restaurant locations with unique settings (depending on subscription tier)
2.3 Platform Integration
BiteMe In operates exclusively as a Shopify app. To use the Service, you must:
- Maintain an active Shopify store and account in good standing
- Comply with Shopify’s Terms of Service and Acceptable Use Policy
- Have sufficient administrative access to install and configure apps
BiteMe In is not responsible for platform-level issues governed by Shopify’s own terms and conditions.
3. User Eligibility and Account
3.1 Eligible Users
The BiteMe In Service is intended for and exclusively available to registered Shopify store owners operating restaurant, hospitality, or food service businesses. To be eligible to use the App, you must:
- Be at least 18 years of age
- Possess the legal capacity to form a binding contract
- Operate a legitimate restaurant or hospitality business
- Maintain an active Shopify store account
By using the App, you represent and warrant that you meet these eligibility requirements.
3.2 Account Security
You bear sole responsibility for maintaining the security of your Shopify account, including safeguarding passwords and other access credentials. Any activity that occurs under your account, whether authorized or unauthorized, is your direct responsibility.
You agree to:
- Use strong, unique passwords for your Shopify account
- Not share your account credentials with unauthorized third parties
- Immediately notify BiteMe In at support@bitemein.com upon becoming aware of any breach of security or unauthorized use of your account
- Maintain up-to-date contact information in your account settings
You acknowledge that BiteMe In holds no liability for losses or damages arising from compromised merchant accounts not attributable to a direct security flaw within the App itself.
3.3 Shopify Account Requirement
Your use of BiteMe In is contingent upon maintaining a valid, active Shopify account. Termination or suspension of your Shopify account will result in the immediate termination of your access to BiteMe In, without liability to BiteMe In.
4. Subscription, Billing, and Payments
4.1 Billing Through Shopify
All subscription fees and billing processes for BiteMe In are handled exclusively through the Shopify App Store. BiteMe In does not directly collect, process, or store any payment information from merchants.
The payment, cancellation, and refund policies applicable to your BiteMe In subscription are governed by Shopify’s Terms of Service for app subscriptions. You are directed to refer to Shopify’s official documentation for detailed information on managing your subscription and billing.
4.2 Subscription Fees
BiteMe In offers multiple subscription tiers with varying features and pricing. Your subscription fee is determined by the plan you select during installation or upgrade. Fees are billed on a recurring basis (monthly or annually) as displayed in the Shopify App Store.
All fees are exclusive of applicable taxes, duties, or similar governmental charges, which you are responsible for paying.
4.3 Refund Policy
As billing is managed by Shopify, BiteMe In does not issue direct refunds. Any refund requests or disputes related to subscription fees must be initiated through the Shopify App Store or Shopify’s dedicated support channels, in strict accordance with Shopify’s established refund policies.
Generally, Shopify allows refunds within a limited time period after initial charge. Please consult Shopify’s refund policy for specific details.
4.4 Fee Modifications
BiteMe In reserves the right to modify its subscription fees at its sole discretion. Any such changes will be communicated to you in advance through the Shopify App Store or other appropriate channels, and these changes will become effective at the end of your then-current subscription period.
Continued use of the App after a fee change constitutes your agreement to pay the modified amount. If you do not agree to the fee modification, you may cancel your subscription through your Shopify account settings.
5. Intellectual Property Rights
5.1 BiteMe In Ownership
The BiteMe In App, its original content (excluding content provided by merchants), features, and functionality, including but not limited to its underlying source code, design elements, user interface, algorithms, trademarks, service marks, and logos, are and will remain the exclusive property of BiteMe In and its licensors.
The App is protected by copyright, trademark, patent, trade secret, and other applicable intellectual property laws of Italy and foreign jurisdictions. BiteMe In’s trademarks and trade dress may not be used in connection with any product or service without prior written consent from BiteMe In.
5.2 License Grant to Merchant
Subject to your compliance with these Terms, BiteMe In grants you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to access and use the App solely for the purpose of managing restaurant table reservations within your Shopify store.
This license explicitly does not grant any rights to:
- Access, use, or disclose the original source code of the App
- Create derivative works based on the App
- Distribute, sell, lease, or sublicense the App to third parties
- Use the App for any purpose other than managing your own restaurant reservations
All rights not expressly granted herein are reserved by BiteMe In.
5.3 Merchant Data Ownership
You retain all ownership rights to your Shopify store content, product data, customer data, reservation information, and any other content uploaded, transmitted, or displayed through the App (“Merchant Data”).
BiteMe In acknowledges that you own all right, title, and interest in and to the Merchant Data.
5.4 License Grant to BiteMe In
By utilizing the App, you grant BiteMe In a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, process, display, and transmit the Merchant Data solely as necessary to:
- Provide the core functionalities of the App
- Improve the App’s performance, features, and user experience
- Deliver customer support and technical assistance
- Comply with applicable laws and legal obligations
- Generate aggregated, anonymized analytics and usage statistics
This license is strictly limited to the extent required for the proper operation and enhancement of the App. BiteMe In will not sell, rent, or disclose your Merchant Data to third parties for their independent use without your explicit consent, except as necessary to provide the Service or as required by law.
5.5 Intellectual Property Infringement
BiteMe In respects the intellectual property rights of others. If you believe that your intellectual property rights have been infringed by the App or its users, please contact us immediately at binomiobeerandwinesrls@pec.it with the following information:
- Identification of the copyrighted work or intellectual property you claim has been infringed
- Identification of the material that you claim is infringing and where it is located
- Your contact information (address, telephone number, email address)
- A statement that you have a good faith belief that the use is not authorized by the copyright owner or the law
- A statement under penalty of perjury that the information you provided is accurate and that you are authorized to act on behalf of the owner
6. Merchant Obligations and Prohibited Conduct
6.1 Compliance with Laws
You agree to comply with all applicable local, national, and international laws and regulations in your use of the App, including but not limited to:
- Consumer protection laws
- Data protection and privacy regulations (GDPR, CCPA, etc.)
- Accessibility requirements
- Payment processing regulations
- Food service and hospitality industry regulations
- Anti-discrimination laws
6.2 Compliance with Shopify Terms
You must strictly comply with Shopify’s Terms of Service and Acceptable Use Policy in all activities related to your Shopify store and the use of BiteMe In. This creates a vital legal linkage ensuring that merchants are bound by the broader platform rules, allowing BiteMe In to terminate service for violations of Shopify’s terms.
6.3 Prohibited Activities
You are expressly prohibited from using the App for any illegal, fraudulent, or harmful activities, including but not limited to:
- Transmitting any unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable content
- Engaging in deceptive practices, fraud, or misrepresentation
- Uploading or distributing viruses, malware, or other malicious code
- Infringing upon any intellectual property rights of others
- Impersonating any person or entity
- Violating the privacy rights of others or your customers
- Providing false or misleading information to customers
- Using the App to discriminate against customers based on protected characteristics
6.4 No Reverse Engineering or Interference
You may not:
- Reverse engineer, decompile, disassemble, modify, or create derivative works of the App
- Interfere with or disrupt the integrity or performance of the App or data contained therein
- Use any automated means (bots, scrapers, etc.) to access the App except as explicitly permitted
- Remove, alter, or obscure any proprietary notices or labels on the App
- Attempt to circumvent any security features or access restrictions
- Use the App in any manner that could damage, disable, overburden, or impair BiteMe In’s servers or networks
- Attempt to gain unauthorized access to any portion of the App or related systems
6.5 Data Backup Responsibility
While BiteMe In performs regular backups as part of standard operations, we do not guarantee against data loss or corruption. You acknowledge that BiteMe In holds no liability related to the integrity of your Merchant Data or any failure to restore it.
You agree to maintain a complete and accurate copy of any critical Merchant Data independently of the Service. Regular exports of your reservation data are strongly recommended.
7. Data Privacy and Protection
7.1 Privacy Policy Reference
Your privacy and the privacy of your customers are important to us. Our Privacy Policy, which describes how we collect, use, disclose, and protect information in connection with the App, is available at Privacy Policy and is incorporated into these Terms by reference.
By using the App, you agree to the collection and use of information in accordance with our Privacy Policy.
7.2 Data Processing
BiteMe In processes Merchant Data and customer personal information solely as a data processor on your behalf. You, as the merchant, act as the data controller with respect to customer personal information collected through the reservation system.
You represent and warrant that:
- You have obtained all necessary rights, permissions, and consents from your customers to collect, process, and share their personal information with BiteMe In for the purpose of providing the reservation services
- You have provided customers with appropriate notice about data collection and processing practices
- Your collection and use of customer data complies with all applicable privacy laws
7.3 GDPR and CCPA Compliance
BiteMe In is committed to compliance with applicable data protection regulations, including:
- General Data Protection Regulation (GDPR) for customers in the European Union
- California Consumer Privacy Act (CCPA) for California residents
- Other applicable state, national, and international privacy laws
We implement appropriate technical and organizational measures to protect personal data, including:
- Encryption of data in transit and at rest
- Access controls and authentication mechanisms
- Regular security assessments and updates
- Incident response procedures
- Data processing agreements as required by law
7.4 Customer Data Handling
As a merchant using BiteMe In, you are responsible for:
- Providing Privacy Notices: Informing your customers about how their personal information will be collected, used, and shared, including by BiteMe In as your service provider
- Obtaining Consent: Where required by law, obtaining explicit consent from customers for data processing
- Honoring Customer Rights: Responding to customer requests to access, correct, delete, or export their personal information
- Data Security: Implementing reasonable security measures on your end to protect customer data
- Breach Notification: Notifying BiteMe In immediately if you become aware of any unauthorized access to or disclosure of customer data
BiteMe In will assist you in fulfilling your obligations under applicable data protection laws to the extent feasible and as required by such laws.
7.5 Email Communications
The App sends automated email notifications to customers for reservation confirmations, reminders, and updates. You are responsible for ensuring that:
- Your email communications comply with anti-spam laws (CAN-SPAM Act, CASL, etc.)
- You provide customers with a clear method to opt out of non-essential communications
- Your email content is accurate, not misleading, and includes appropriate sender identification
8. Disclaimer of Warranties
8.1 “As Is” and “As Available” Service Provision
THE BITEME IN APP IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS, WITHOUT WARRANTY OF ANY KIND.
To the maximum extent permitted under applicable law, BiteMe In, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly DISCLAIMS ALL WARRANTIES, whether express, implied, statutory, or otherwise, with respect to the App, including but not limited to:
- All implied warranties of merchantability
- Fitness for a particular purpose
- Title and non-infringement
- Warranties arising from course of dealing, course of performance, usage, or trade practice
8.2 No Guarantees
BiteMe In makes no guarantees or warranties regarding:
- Revenue or Sales Outcomes: Specific sales increases, revenue growth, or performance metrics that may result from using the App
- No-Show Reduction: Complete elimination of customer no-shows or cancellations
- Service Availability: That the App will meet your requirements, operate without interruption, be error-free, or be available at all times
- Compatibility: That the App will be compatible or work seamlessly with any other software, applications, systems, services, third-party apps, custom code, or Shopify themes
- Data Accuracy: The accuracy, reliability, or completeness of any information provided through the App
- Security: That the App will be entirely free from security vulnerabilities or unauthorized access
8.3 Compatibility Issues
You acknowledge the potential for compatibility issues with third-party apps, Shopify themes, or custom code present on your Shopify store. The effectiveness of the App is dependent on various factors beyond BiteMe In’s control, including but not limited to:
- Your Shopify theme’s architecture and code quality
- Other installed Shopify apps that may conflict with BiteMe In
- Custom code or modifications made to your store
- Browser compatibility and customer device capabilities
- Internet connectivity and network performance
This acknowledgment manages user expectations and reduces the likelihood of disputes stemming from conflicts beyond BiteMe In’s direct control.
8.4 No Revenue or Performance Guarantees
The effectiveness of the reservation system and features such as deposit management, automated reminders, and table optimization is dependent on numerous factors including but not limited to your restaurant’s location, reputation, pricing, service quality, marketing efforts, and customer behavior—all of which are beyond BiteMe In’s control.
BiteMe In makes no representations or warranties that use of the App will result in increased bookings, reduced no-shows, or improved business performance.
8.5 Statutory Rights
Some jurisdictions do not allow the exclusion of certain warranties or limitations on applicable statutory rights of a consumer. To the extent such laws apply, the exclusions and limitations in this section may not apply to you, and you may have additional rights under applicable law.
9. Limitation of Liability
9.1 Exclusion of Damages
To the maximum extent permitted by applicable law, in no event shall BiteMe In, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable for any special, incidental, indirect, consequential, or punitive damages whatsoever, including but not limited to:
- Loss of profits, revenue, or business opportunities
- Loss of data or information
- Loss of goodwill or reputation
- Business interruption
- Cost of substitute goods or services
- Failure to realize expected savings
- Loss arising from customer disputes, cancellations, or no-shows
- Damages arising from third-party claims by your customers
- Personal injury or property damage
This limitation applies regardless of the legal theory on which the claim is based (whether in contract, tort, negligence, strict liability, or otherwise) and whether or not BiteMe In has been advised of the possibility of such damages, and even if a remedy specified in these Terms is found to have failed of its essential purpose.
9.2 Liability Cap
IN ANY CASE, BITEME IN’S ENTIRE AGGREGATE LIABILITY under any provision of these Terms or in connection with your use of or inability to use the App SHALL BE LIMITED TO the amount actually paid by you for the App through the Shopify App Store during the twelve (12) months immediately preceding the event giving rise to the claim, or ONE HUNDRED U.S. DOLLARS (US$100.00) if no purchase has been made, whichever is greater.
This cap on damages is the single most important financial risk mitigation strategy and is fundamental to the financial viability and long-term sustainability of BiteMe In. It allows the business to operate with predictable risk exposure.
9.3 Essential Purpose
You and BiteMe In understand and agree that the disclaimers, exclusions, and limitations in Section 8 and this Section 9 are essential elements of these Terms and represent a reasonable allocation of risk between the parties.
You acknowledge and agree that BiteMe In would be unable to make the App available to you on an economically feasible basis except on these terms, and you agree that these Terms will survive and apply even if any limited remedy specified herein is found to have failed of its essential purpose.
9.4 Jurisdictional Limitations
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, the above limitations or exclusions may not apply to you, and BiteMe In’s liability will be limited to the maximum extent permitted by applicable law.
10. Indemnification
10.1 Merchant Indemnification Obligation
You agree to indemnify, defend, and hold harmless BiteMe In and its affiliates, officers, directors, agents, employees, partners, and licensors (collectively, the “BiteMe In Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees and court costs) arising out of or in any way connected with:
10.2 Covered Claims
The indemnification obligation covers claims arising from:
- Your use or misuse of the App and the Service
- Your violation of these Terms or any applicable law or regulation
- Your violation of any rights of a third party, including but not limited to:
- Intellectual property rights
- Privacy rights
- Publicity rights
- Consumer protection rights
- Content or data you submit, post, or transmit through the App (including Merchant Data)
- Your relationship with your customers, including but not limited to:
- Disputes regarding reservations, cancellations, or deposits
- Claims of discrimination or unfair treatment
- Food safety or health code violations
- Injuries or damages occurring at your restaurant
- Breach of your restaurant’s terms and conditions or policies
- Your breach of any representations or warranties made in these Terms
- Unauthorized access to your account resulting from your failure to maintain account security
10.3 Defense and Settlement
BiteMe In may, at your expense, assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate fully with our defense of these claims.
You may not settle any matter subject to indemnification under this Section without the prior written consent of BiteMe In. BiteMe In will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
This indemnification clause effectively shifts risk to the merchant for their own actions, protecting BiteMe In from third-party claims arising from the merchant’s misuse of the App or breach of these Terms.
11. Termination
11.1 Right to Terminate
BiteMe In reserves the right to suspend or terminate your access to the App immediately, without prior notice or liability, for any reason whatsoever, including but not limited to if you:
- Breach these Terms and Conditions
- Fail to make timely payments through Shopify
- Violate Shopify’s Terms of Service or Acceptable Use Policy
- Engage in fraudulent, abusive, or illegal activity
- Pose a security risk to the App or other users
- Harm BiteMe In’s reputation or business interests
11.2 Merchant Cancellation
You may terminate your subscription to the App at any time through your Shopify account settings, in accordance with Shopify’s cancellation policies. Your right to use the App will cease upon the end of your current billing period for which payment has been made.
No refunds will be provided for partial subscription periods unless required by applicable law or Shopify’s refund policy.
You are strongly advised to export and backup your reservation data regularly and before cancellation.
11.3 Effect of Termination
Upon termination of your access to the App for any reason:
- Your right to access and use the App will immediately cease
- You will no longer be able to access reservation data through the App interface
- BiteMe In may, but is not obligated to, provide you with an opportunity to export your reservation data for a limited period (typically 30 days)
- BiteMe In may delete your Merchant Data from its systems in accordance with its data retention policies, except as required by law
11.4 Survival of Provisions
The following sections shall survive any termination of these Terms:
- Section 5 (Intellectual Property Rights) - to the extent of BiteMe In’s ownership rights
- Section 7 (Data Privacy and Protection) - as applicable to retained data
- Section 8 (Disclaimer of Warranties)
- Section 9 (Limitation of Liability)
- Section 10 (Indemnification)
- Section 13 (Governing Law and Dispute Resolution)
- Section 14 (General Provisions)
12. Modifications to Service and Terms
12.1 Service Modifications
BiteMe In reserves the right, in its sole discretion, to modify, update, or discontinue the App or any features thereof from time to time and without prior notice, including but not limited to:
- Adding, removing, or modifying features and functionalities
- Changing the user interface or design
- Updating system requirements or compatibility
- Implementing new technologies or integrations
- Discontinuing support for certain features or integrations
BiteMe In shall have no liability to you for any such modifications or discontinuation. If you object to any such changes, your sole recourse is to cease using the App. Continued use of the App following any modifications indicates your acknowledgment and acceptance of such changes.
12.2 Terms Modifications
As stated in Section 1.3, BiteMe In may update or modify these Terms at any time. Material changes will be communicated with at least 30 days’ notice. Your continued use of the App after the effective date of modifications constitutes acceptance of the modified Terms.
12.3 Notification of Changes
We will make reasonable efforts to notify you of material changes through one or more of the following methods:
- Email notification to the address associated with your Shopify account
- In-app notifications or banners
- Notice through the Shopify App Store listing
- Posting updated Terms on our website
It is your responsibility to review these Terms periodically and to ensure that your contact information is current.
13. Governing Law and Dispute Resolution
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Italy, without regard to its conflict of law principles that would require application of the laws of a different jurisdiction.
13.2 Dispute Resolution Method
Informal Resolution: Before initiating any formal dispute resolution process, you agree to first contact BiteMe In at admin@bitemein.com to attempt to resolve the dispute informally. We will work in good faith to resolve any disputes within 30 days of receiving notice.
Option A - Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, that cannot be resolved informally shall be resolved by binding arbitration conducted in accordance with the rules of International Chamber of Arbitration (ICA).
The arbitration shall be conducted in Rome, in the English language, before a single arbitrator. The arbitrator’s decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.
YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT and have disputes decided by a judge or jury. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION or other class proceeding. All claims must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Option B - Exclusive Jurisdiction
Any dispute arising out of or relating to these Terms shall be exclusively brought in the state or federal courts located in Rome (Italy), and you hereby consent to the personal jurisdiction and venue of such courts.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING (“Class Action”). The arbitrator or court may not consolidate more than one person’s claims and may not otherwise preside over any form of a Class Action.
13.3 Class Action Waiver
(See Section 13.2 for detailed Class Action waiver provisions)
13.4 Exceptions
Notwithstanding the above, either party may seek equitable relief (including injunctive relief) in any court of competent jurisdiction to protect its intellectual property rights or confidential information.
14. General Provisions
14.1 Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices or agreements published by BiteMe In through the App, constitute the entire agreement between you and BiteMe In concerning your use of the App and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.
14.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
The parties shall endeavor to replace any invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that achieves, to the greatest extent possible, the economic, legal, and commercial objectives of the invalid, illegal, or unenforceable provision.
14.3 Waiver
No waiver by BiteMe In of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
Any failure by BiteMe In to assert a right or provision under these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BiteMe In in writing.
14.4 Assignment
You may not assign, transfer, or delegate these Terms or any rights or obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of BiteMe In. Any purported assignment, transfer, or delegation in violation of this Section shall be null and void.
BiteMe In may freely assign, transfer, or delegate these Terms and any rights and obligations hereunder, in whole or in part, without restriction and without your consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
14.5 Force Majeure
BiteMe In shall not be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including but not limited to:
- Acts of God, natural disasters, epidemics, or pandemics
- War, terrorism, riots, or civil unrest
- Government actions, laws, or regulations
- Labor disputes or strikes
- Internet or telecommunications failures
- Third-party service provider failures (including Shopify platform issues)
- Cyberattacks, hacking, or other malicious activity
During the period of such delay or failure, BiteMe In’s obligations under these Terms shall be suspended, and BiteMe In shall not be liable for any damages resulting from such delay or failure.
14.6 Relationship of the Parties
The parties are independent contractors. These Terms do not create any agency, partnership, joint venture, employment, or franchise relationship between you and BiteMe In. Neither party has the authority to bind the other or to incur any obligation on the other’s behalf.
14.7 Third-Party Beneficiaries
Except as expressly stated herein, these Terms are not intended to and do not create any rights in favor of any third parties.
14.8 Notices
All notices, requests, and other communications under these Terms shall be in writing and shall be deemed to have been duly given:
- When delivered personally
- When sent by confirmed email to the address provided in your account or to admin@bitemein.com for notices to BiteMe In
- Three (3) business days after being sent by registered or certified mail, return receipt requested
- One (1) business day after being sent by a nationally recognized overnight courier
You are responsible for keeping your contact information up to date in your Shopify account.
14.9 Language
These Terms are drafted in English. Any translation provided is for convenience only. In the event of any conflict between the English version and any translation, the English version shall prevail.
15. Contact Information
15.1 Support Contact
For questions about the App, technical support, or general inquiries:
Email: support@bitemein.com
Support Portal: docs.bitemein.com
Hours: 9:00 AM - 5:00 PM (CET)
15.2 Legal Inquiries
For legal questions, notices, or concerns regarding these Terms:
Email: legal@bitemein.com
Legal Department: BiteMe In
Address: Via Agliana, 18
00139 Rome, Italy
15.3 Privacy Inquiries
For questions about data privacy, GDPR/CCPA rights, or our Privacy Policy:
Email: privacy@bitemein.com
Privacy Policy: Privacy Policy
Acknowledgment
BY INSTALLING, ACCESSING, OR USING THE BITEME IN APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP.
Last Updated: 2025-08-25
Effective Date: 2025-11-25
Version: 1.0
© 2025 BiteMe In. All rights reserved.
BiteMe In
Via Agliana, 18
00139 Rome, Italy