These terms govern your use of the FoodieBits website, application, and related services.
FOODIEBITS TERMS OF SERVICE
Effective Date: September 2, 2026
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and FoodieBits LLC, a Texas limited liability company ("FoodieBits," "Company," "we," "us," or "our"). By accessing, downloading, installing, or using the FoodieBits website, mobile application, or any related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately cease all use of the Services.
2. Eligibility and Account Responsibility
You must be at least the age of majority in your jurisdiction of residence to create a FoodieBits account. By creating an account, you represent and warrant that (a) all information you provide is accurate, current, and complete, (b) you will maintain and promptly update such information, and (c) you have the legal capacity and authority to enter into these Terms.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account, whether or not authorized by you. You agree to notify FoodieBits immediately of any unauthorized use of your account or any other breach of security.
FoodieBits reserves the right, in its sole discretion, to suspend, restrict, or terminate any account at any time, with or without notice, for any reason, including without limitation suspected fraud, abuse, automation, operation of multiple accounts, manipulation of gameplay or rewards, violation of these Terms, or conduct that FoodieBits determines is harmful to the Services, other users, or participating merchants.
3. Rewards, Gameplay, and Promotional Features
FoodieBits gameplay features (including Bits, Bites, Lunch Drops, Dinner Giveaways, Big Bites, scratch rewards, spin rewards, and similar features) are entertainment and marketing tools provided for promotional purposes. Except as expressly stated in the specific terms of a particular promotion, Bits, Bites, and other in-app reward units have no cash value, are not redeemable for cash, do not constitute currency or stored value, and do not represent any ownership interest, equity, debt, or investment of any kind.
All rewards are subject to the applicable FoodieBits Promotion Rules and the specific terms displayed at the time of unlock or redemption. FoodieBits reserves the right to modify, suspend, or discontinue any reward, promotion, gameplay feature, or reward category at any time without prior notice.
Reward availability varies by market, merchant, and promotional period. Merchant participation in the FoodieBits rewards program may change at any time. FoodieBits does not guarantee the availability, quantity, or continued existence of any particular reward or promotional offer.
4. Token Disclaimer and Digital Asset Acknowledgments
Certain features of the Services may involve the FoodieBits Token ($FBITZ), a Solana-based utility token. By accessing or using any token-related feature, you acknowledge and agree to the following:
(a)$FBITZ is a utility token intended to facilitate ecosystem rewards, merchant settlement, and campaign incentives within the FoodieBits platform. $FBITZ is not a security, investment contract, share of equity, evidence of debt, or financial instrument of any kind.
(b)The value of $FBITZ, like all digital assets, is subject to significant volatility. FoodieBits makes no representation, warranty, or guarantee regarding the current or future price, value, liquidity, or marketability of $FBITZ. Past performance is not indicative of future results.
(c)FoodieBits does not provide investment advice, financial advice, tax advice, or legal advice. Nothing in the Services or any FoodieBits communication constitutes a recommendation to purchase, sell, hold, or otherwise transact in $FBITZ or any other digital asset.
(d)Optional wallet features, including connecting an external Solana wallet, initiating swaps, or transferring digital assets, are provided on an "as is" basis. You assume all risk associated with the use of blockchain technology, including without limitation the risk of loss due to software errors, protocol changes, network congestion, hacking, unauthorized access, private key loss, smart contract vulnerabilities, and regulatory action.
(e)FoodieBits does not custody user funds, does not operate as a money transmitter, does not provide fiat conversion services, and does not guarantee swap execution, pricing, or liquidity. Any swap or transfer initiated through the Services is executed through third-party infrastructure, and FoodieBits bears no responsibility for the outcome of such transactions.
5. Merchant Participation and Third-Party Disclaimers
Participating restaurants and merchants are independent businesses and are not agents, employees, contractors, or affiliates of FoodieBits. FoodieBits is not responsible for and makes no representations or warranties regarding the food quality, service, pricing, availability, safety, hygiene, conduct, or any other aspect of any participating merchant.
Merchant tiers, pricing, program benefits, and participation terms described on this website or in any FoodieBits materials are planned features and are subject to change without notice. Merchant participation is governed by the applicable Merchant Terms in addition to these Terms.
The Services may contain links to third-party websites, applications, or services. Such links are provided for convenience only and do not constitute endorsements. FoodieBits has no control over and assumes no responsibility for the content, privacy practices, or availability of any third-party service.
6. Acceptable Use
You agree that you will not, directly or indirectly:
(a)Use automation, bots, scripts, emulators, modified software, or any non-human means to interact with gameplay, rewards, or any feature of the Services;
(b)Create or operate multiple accounts, impersonate another person, or misrepresent your identity, age, or location;
(c)Interfere with, disrupt, probe, scan, or test the vulnerability of the Services or any related system, network, or security measure;
(d)Resell, transfer, barter, commercialize, or attempt to monetize rewards, redemption codes, Bits, Bites, or any other reward unit outside the intended functionality of the Services;
(e)Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying technology of the Services;
(f)Scrape, harvest, collect, or aggregate data from the Services by automated or manual means for any purpose not expressly authorized by FoodieBits;
(g)Submit fraudulent, falsified, or manipulated redemption claims or attempt to exploit any reward, promotion, or settlement mechanism;
(h)Use the Services for any purpose that violates applicable local, state, national, or international law or regulation; or
(i)Encourage, assist, or enable any third party to engage in any of the foregoing conduct.
FoodieBits reserves the right to investigate suspected violations and to take any action it deems appropriate, including account suspension or termination, forfeiture of rewards, and referral to law enforcement.
7. Intellectual Property
The FoodieBits name, logos, trademarks, service marks, trade dress, user interface, visual design, software, content, and all related intellectual property (collectively, "FoodieBits IP") are owned by FoodieBits or its licensors and are protected by United States and international intellectual property laws. All rights not expressly granted herein are reserved.
Subject to your compliance with these Terms, FoodieBits grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for your personal, non-commercial use. This license does not include the right to copy, modify, distribute, sell, lease, or create derivative works based on any FoodieBits IP.
8. Privacy and Data Collection
Your use of the Services is subject to the FoodieBits Privacy Policy, which describes how we collect, use, store, and disclose your personal information. By using the Services, you consent to the collection and use of your information as described in the Privacy Policy.
9. DISCLAIMERS
THE SERVICES, INCLUDING ALL CONTENT, FEATURES, REWARDS, GAMEPLAY ELEMENTS, AND TOKEN-RELATED FUNCTIONALITY, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOODIEBITS DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
FOODIEBITS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. FOODIEBITS MAKES NO WARRANTY REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT, REWARD INFORMATION, MERCHANT INFORMATION, OR TOKEN-RELATED DATA PROVIDED THROUGH THE SERVICES.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOODIEBITS, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE "FOODIEBITS PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF FOODIEBITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, THE FOODIEBITS PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM OR RELATED TO (A) THE ACTS, OMISSIONS, PRODUCTS, OR SERVICES OF ANY PARTICIPATING MERCHANT, (B) FLUCTUATIONS IN THE VALUE OF $FBITZ OR ANY OTHER DIGITAL ASSET, (C) SWAP EXECUTION, SLIPPAGE, FAILED TRANSACTIONS, OR THIRD-PARTY INFRASTRUCTURE, (D) LOSS OF OR UNAUTHORIZED ACCESS TO WALLET CREDENTIALS OR PRIVATE KEYS, (E) BLOCKCHAIN NETWORK CONGESTION, OUTAGES, OR PROTOCOL CHANGES, OR (F) ANY THIRD-PARTY CONDUCT OR CONTENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE FOODIEBITS PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (I) ONE HUNDRED DOLLARS ($100.00) OR (II) THE TOTAL AMOUNT PAID BY YOU TO FOODIEBITS, IF ANY, DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11. Indemnification
You agree to indemnify, defend, and hold harmless FoodieBits and the FoodieBits Parties from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with (a) your use of or access to the Services, (b) your violation of these Terms, (c) your violation of any applicable law, regulation, or third-party right, (d) any content you submit or transmit through the Services, or (e) your use of any token-related or wallet-related feature. FoodieBits reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with FoodieBits in the defense of any such claim.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict-of-law principles. You and FoodieBits each agree that the laws of the State of Wyoming shall govern these Terms and any dispute arising hereunder, and each party waives any argument that another jurisdiction's law should apply.
13. Dispute Resolution, Binding Arbitration, and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
(a)Binding Arbitration. Except as provided in subsection (c) below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including their formation, validity, interpretation, performance, breach, or termination, shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted before a single arbitrator. The seat and place of arbitration shall be Cheyenne, Wyoming. The arbitrator's award shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction. The arbitrator shall have no authority to award punitive, exemplary, or multiple damages.
(b)CLASS ACTION WAIVER. YOU AND FOODIEBITS EACH AGREE THAT ALL CLAIMS MUST BE BROUGHT IN YOUR OR ITS INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO CONSOLIDATE CLAIMS OR TO CONDUCT ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID.
(c)Exceptions. Notwithstanding subsection (a), either party may seek injunctive or other equitable relief in a court of competent jurisdiction in Cheyenne, Wyoming to prevent irreparable harm pending arbitration. The filing of such a proceeding shall not constitute a waiver of the right to arbitrate.
(d)JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND FOODIEBITS EACH IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS.
14. Modifications to Terms
FoodieBits reserves the right to modify these Terms at any time. When we make material changes, we will update the Effective Date at the top of this page and may provide additional notice through the Services or by other reasonable means. Your continued use of the Services after the updated Effective Date constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Services.
15. Termination
FoodieBits may suspend or terminate your access to the Services, in whole or in part, at any time, with or without cause or notice, in its sole discretion. Upon termination, your right to use the Services ceases immediately, and any accumulated Bits, Bites, or other reward units may be forfeited without compensation. The provisions of these Terms that by their nature should survive termination shall survive, including without limitation Sections 4, 7, 9, 10, 11, 12, 13, 16, 17, and 18.
16. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to render it valid and enforceable, or if such modification is not possible, shall be severed. The invalidity of any provision shall not affect the validity or enforceability of any other provision of these Terms, and the remaining provisions shall continue in full force and effect.
17. General Provisions
(a)Entire Agreement. These Terms, together with the Privacy Policy and any applicable Promotion Rules, constitute the entire agreement between you and FoodieBits with respect to the Services and supersede all prior or contemporaneous communications, whether electronic, oral, or written.
(b)Waiver. No failure or delay by FoodieBits in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof. No single or partial exercise of any right shall preclude any other or further exercise of that right or any other right.
(c)Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of FoodieBits. FoodieBits may assign these Terms, in whole or in part, without restriction. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
(d)Force Majeure. FoodieBits shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including without limitation acts of God, war, terrorism, pandemic, government action, internet or telecommunications outage, blockchain network disruption, cyberattack, or third-party service failure.
(e)Electronic Communications. By using the Services, you consent to receive electronic communications from FoodieBits, including notices, agreements, disclosures, and other communications. You agree that all such electronic communications satisfy any legal requirement that such communications be in writing.
(f)Headings. Section headings are for convenience only and shall not affect the interpretation of these Terms.
18. Contact Information
Questions or notices regarding these Terms should be directed to:
FoodieBits LLC
Legal inquiries: legal@foodiebits.com
General support: support@foodiebits.com
This page is provided for general information only and is not legal advice.