Last Updated: October 27, 2026
This End-User License Agreement ("Agreement") is between the business or individual accepting this Agreement ("you" or "Merchant") and BiteHeist Inc ("Developer" or "App Provider"). This Agreement is solely between you and Developer, and governs your use of Developer's BiteHeist software application and the corresponding services it provides (together, along with the associated documentation and intellectual property, the "App"). Clover is not a party to this Agreement, is not the licensor or provider of the App, and has no liability to you for your use of the App. You agree to be bound by this Agreement when you click "Accept" or otherwise download, install, copy, or use the App, and must accept this Agreement before doing so. If you do not agree, you must click "Decline" and must not download, install, copy, or use the App.
1.1 The App will provide you with the ability to: connect your Clover account to the BiteHeist platform for online ordering websites and apps; synchronize your menu, items, modifiers, prices, and inventory; send online orders into your Clover POS; offer cash-back loyalty; run email, SMS, and social media marketing that you approve; and receive AI-assisted recommendations from our assistant, Rosemary. To do this, the App reads and/or writes your Clover menu and inventory, orders and payments, customer information, and employee and merchant information.
1.2 Developer grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the Term (defined below) to use the App solely for your internal business purposes. You will not otherwise distribute, lease, rent, host, sublicense, transfer, sell, export, modify, reverse engineer, decompile, copy, benchmark, create derivative works from, or attempt to derive the source code for the App. This license does not grant you any rights to Developer's (or any third party's) trademarks, service marks, logos, trade dress, or other intellectual property unless provided with the App. Developer reserves all rights not specifically granted to you. You will preserve and display any proprietary notices, markings, or branding associated with use of the App.
1.3 The App may update automatically from time to time, and you may be required to accept these updates to continue using the App. Developer may perform maintenance on the App, which may result in service interruptions or delays. Developer may not support older versions of the App. You are solely responsible for obtaining all equipment and services (for example, Internet connectivity) necessary to access and use the App.
1.4 AI-generated suggestions (such as campaigns, posts, and upsells) are recommendations. Nothing is sent or published without your approval unless you turn on automation, and you are responsible for reviewing content before it is sent.
You will pay Developer (a) a monthly subscription fee for your use of the App, which will be automatically collected through the payment method you select during set-up (which may be your Clover billing account or a payment method on file with Developer), and (b) per-order fees for orders processed through the App, with a minimum fee of $1.75 per order unless your written agreement with Developer states otherwise. Current pricing is shown in the App's Clover App Market listing or your BiteHeist service agreement. You are responsible for all sales, use, excise, or similar taxes (excluding taxes based on Developer's income) imposed by any federal, state, or local tax authority. You must notify Developer of any billing errors within 120 days from when an error appears on your invoice, after which you release Developer from all liability for Losses (defined below) resulting from these errors.
This Agreement commences when you accept or otherwise download, install, copy, or use the App, and will continue month-to-month until terminated (the "Term").
4.1 Developer may promptly suspend or terminate your use of the App if (1) you violate this Agreement; (2) Developer believes your use of the App may damage its reputation or intellectual property rights; (3) Developer suspends or terminates its agreement(s) with any third party involved in providing the App; (4) you exceed normal and reasonable usage of the App; (5) you experience a bankruptcy or insolvency event; or (6) you use the App for any fraudulent, illegal, or unauthorized purpose, or engage in willful misconduct with respect to use of the App.
4.2 You may terminate this Agreement at any time and for any reason by providing notice to Developer or uninstalling the App. Termination will be effective at the end of the then-current month or billing period in which you give notice. You will not receive a refund for the billing period in which you terminate.
5.1 Neither of us will disclose non-public information about the other's business, including the terms of this Agreement, technical specifications, customer lists, or information relating to a party's operational, strategic, or financial matters ("Confidential Information"). Confidential Information does not include information that (1) is or becomes publicly available through no fault of the recipient; (2) the recipient lawfully possessed before disclosure; (3) is independently developed without reliance on the discloser's Confidential Information; or (4) is received from a third party not obligated to keep it confidential. Each of us will maintain reasonable safeguards to protect the other's Confidential Information.
5.2 Neither of us may disclose the other's Confidential Information except (1) to our respective directors, officers, employees, or representatives who need to know it to perform under this Agreement; (2) in response to a subpoena or court order; or (3) as required by applicable law.
5.3 Developer may use data obtained through the App to provide its services, and in aggregated and anonymized form for research, development, and to provide services generally, all subject to applicable Laws (defined below) and Sections 9 and 10. Information Developer collects about you or your customers is subject to Developer's privacy policy at https://biteheist.com/clover-privacy.html.
5.4 You may provide comments or ideas about the App ("Ideas"). By submitting Ideas, you agree that (1) they are not Confidential Information; (2) they are not subject to any use or disclosure restrictions; (3) you claim no rights in them; and (4) Developer has no obligation to notify or compensate you for their use. You release Developer from all liability arising from the receipt, review, disclosure, or use of any Idea.
You will be required to register for an account with Developer to use the App. You will provide accurate information and keep it current. You are responsible for safeguards designed to prevent unauthorized access to, disclosure, use, or alteration of your account (such as user names, passwords, and other credentials). You must notify Developer if you discover a security breach involving your account or the App. You are responsible for any unauthorized access to your account or the App that arises through your systems or account. It is your responsibility to back up and maintain the accuracy of content created, stored, or accessed through your account (such as menus, transaction information, text, images, and photos). You are also responsible for your menu, prices, taxes, food safety and allergen information, order fulfillment, and for obtaining any consents required to contact your customers by email or SMS.
7.1 THE APP IS PROVIDED "AS-IS" AND "AS-AVAILABLE." You are solely responsible for determining if the App meets your needs. Developer disclaims all warranties (express or implied) related to your account or the App, including warranties of security, merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted or error-free operation. Developer is not responsible for any disclosures, modifications, deletions, or other errors that arise from the App's interaction with other applications or their content.
7.2 You will indemnify Developer and its directors, officers, employees, agents, subsidiaries, and affiliates against any third-party claims for losses, damages, costs, or expenses (including reasonable attorneys' fees) ("Losses") that result from your use or misuse of the App or your breach of this Agreement. Developer may assume the defense of such claims (at your expense), and you will cooperate. You will not settle any such claim involving more than the payment of money without Developer's written consent.
7.3 To the extent permitted by law, Developer will not be liable to you for any lost profits, revenues, or business opportunities, nor any exemplary, punitive, special, indirect, incidental, or consequential damages, whether or not foreseeable.
7.4 Developer's total, aggregate liability to you for all Losses arising from any cause in connection with this Agreement will not exceed the fees you paid to Developer during the 3 months prior to the Loss.
You authorize Developer to communicate with you electronically or otherwise using the contact information you provide (including via your account, email, text, or live or automated calls to your phone, even if those numbers appear on a Do Not Call registry). You are responsible for any fees charged by your communications provider. Support messages may be stopped by replying STOP; see our SMS Terms.
App Provider makes the following additional commitments, representations, and warranties to you, Merchant:
9.1 App Provider will only process Merchant Data and Personal Information on behalf of, and as a Service Provider of, the Merchant, and will not collect, retain, use, or disclose that data for any purpose other than to perform App Provider's obligations under this Agreement, as permitted under the CCPA and other applicable privacy and data protection laws ("Privacy Laws"). In no event will App Provider "sell" (as defined by Privacy Laws) any such personal information.
9.2 App Provider will not collect, use, retain, disclose, sell, or otherwise make Merchant Data or Personal Information available for App Provider's own commercial purposes or in a way that does not comply with the CCPA or other Privacy Laws.
9.3 App Provider will limit personal information collection, use, retention, and disclosure to activities reasonably necessary and proportionate to provide the services in this Agreement or another compatible operational purpose.
10.1 App Provider will reasonably cooperate with and assist Merchant in meeting Merchant's CCPA and Privacy Law obligations and responding to related inquiries, including verifiable consumer requests, taking into account the nature of App Provider's processing and the information available to it.
10.2 If App Provider receives a request from Merchant's data subject to exercise rights under Privacy Laws in connection with the App, App Provider will redirect the data subject to make the request directly to Merchant. Merchant will be responsible for responding, and App Provider will comply with Merchant's reasonable requests for assistance.
10.3 App Provider will notify Merchant promptly if it receives any complaint, notice, or communication that relates to either party's compliance with Privacy Laws in connection with the App.
11.1 You represent and warrant that you have authority to enter into this Agreement.
11.2 Developer may modify this Agreement from time to time and will notify you (through the App, email, a website, a change to the date at the top of this Agreement, or other electronic means). Your continued use of the App indicates acceptance. You must stop using and uninstall the App if you do not agree to any modification.
11.3 Each of us will comply with the laws, rules, and regulations ("Laws") that apply to our respective performance under this Agreement, including laws related to the collection and use of consumer information obtained via the App and marketing laws such as the TCPA and CAN-SPAM. You will follow all user documentation provided for the App. You will not use the App to access, store, or transmit materials that are tortious, libelous, or offensive; contain malicious code, viruses, or other harmful programs; or infringe third parties' intellectual property rights.
11.4 This Agreement is governed by Oklahoma law, without regard to conflict-of-law rules. The state and federal courts in Oklahoma County, Oklahoma are the proper venue for any proceedings in connection with this Agreement. Both of us waive our rights to a trial by jury.
11.5 This is the entire agreement between us regarding the App and supersedes any prior agreements on its subject matter, except that if you have signed a BiteHeist Client Service Agreement, that agreement controls where it conflicts with this Agreement. Invalid or unenforceable terms will be severed and the rest remains in effect. Delay in exercising rights is not a waiver. We are independent contractors; this Agreement creates no agency, partnership, or joint venture.
11.6 You may not assign this Agreement without Developer's written consent; Developer may assign this Agreement without notice or consent.
11.7 You may contact Developer at:
BiteHeist Inc
Oklahoma City, Oklahoma
Phone: (405) 673-6897
Email: support@biteheist.com