Terms

Last Updated December 22, 2015 at 10:15 a.m. CST

The following terms govern use of this site and the corresponding mobile application, together referred to herein as “bitty” or “the app.” The administration and execution of these terms are attributed to the legal entity Novel Ideas LLC, of whom the terms herein exclusively refer to as “we”, “our” or “us.” The word “user” below refers to non-business entities (e.g. individuals or organizations). By signing up, businesses and users confirm that they fully agree to these terms.

We recommend that businesses and users of the app refer to these terms of agreement regularly to ensure that they comply, as we may periodically make changes in which we will update the above date for the benefit of reference.

I. Disclaimer

1.) In order to ensure protection of our public image and overall reputation, we reserve the right to revoke use of the app for businesses and users at any time for any reason.

2.) We make no guarantee of any particular outcome or success to be expected as a result of using the app; furthermore, the ideas as set forth on this site and purported by the app over social media, email, and any other promotional/informational channels are solely hypothetical and are not based on any empirical data.

3.) We accept no legal responsibility for any negative correlation that a business attributes to use of the app for its reputation, sales, fundraising, employee(s), affiliations, or any other aspect; furthermore, we are not liable for any effects on businesses that may be a result of the expulsion of any privileges of use to a business, revocation of use of the app by a business, or temporary or permanent discontinuation of the app and/or its service(s).

4.) We accept no legal responsibility for any way that a user feels that the app in general or communication over the app affects their reputation or any other aspect pertaining to their livelihood or well-being.

5.) While we have laid out below specific guidelines for businesses that choose to use the app and have specified the possibility of punitive measures if violated, we make no guarantee to businesses or users of the authenticity of any information provided about a business or user; furthermore, we advise that users check multiple sources -apart from the app- before visiting or providing personal information to a business they are unfamiliar with.

II. Usage

1.) Businesses and users can only have one account per account type (i.e. business or consumer) but can have up to two total accounts; hence, a business owner can have both a business and a user account but cannot have two business accounts.

2.) Businesses who subscribe to our service must be licensed or permitted to do business in the city in which they associate their entity with; if business uses a physical address (other than a P.O. Box) then it must be a registered place of business in the specified city (e.g. home office, co-working space, office, etc.). Use of any other address is strictly prohibited.

III. Privacy

1.) We purport that all data required from users and businesses through the app is used for the express and sole function of the app, and more specifically, is used for the purpose of enhancing communication between businesses and users.

2.) Specifically we collect the email addresses of users for the purposes of logging in, confirming their identity, and providing a way for them to reset their password; in addition when users redeem a deal businesses receive an email notification with the user’s email address included in the case that the business needs to follow up.

3.) Users have sole volition to provide their first and last names and we use this only for the purpose of helping them find each other over the app and allowing them to gain name recognition on the app leaderboard; furthermore, users are asked to provide their city of residence (or city of choice) to help other users decide if they want to follow them, and we reserve the right to correct any city names that we believe are input erroneously.

4.) Users are asked to provide their state of residence in order to improve their search experience, as businesses (and users) in their city will show up first when they search for businesses by name or keyword.

5.) Users have the option to not display their name over the app, which will make them invisible to users searching for others over the app and viewing the leaderboard, and moreover, will result in them not being able to receive custom rewards from businesses or be followed by other users; however, they will still be able to follow businesses and users and receive deals, as well as make posts and send messages.

6.) Each businesses is required to provide accurate and exact information on their profile, and moreover, use of the app does not exempt businesses from state or federal laws that require them to make particular disclosure to customers (users of the app), of which by using the app businesses accept full liability for providing this information even if the app does not make explicit provision for.

7.) We reserve the right to view any and all content shared by businesses and users over the app for purposes of ensuring that it is acceptable by the standards laid out herein and does not compromise the solidarity of the app.

8.) We may use certain information provided by a business or user through their profile and/or certain metrics accumulated by a business over the app in order to contribute to demographic studies and/or in contribution to another aggregated body of data of which we may provide to a third party site or entity; however, in no case will we share the sole information of individual businesses or users with any third party site or entity, unless mandated by law or that business or user has given us explicit permission to do so.

9.) In all cases, we reserve the right to investigate the information provided by businesses upon sign-up and that which they update and display on their profile and/or distribute over the app thereafter.

10.) In all cases in which we suspect that a business is in violation of any terms laid out in the Privacy Policy or Terms of Agreement we reserve the right to investigate the matter to the extent we deem necessary, which may include but is not limited to legal investigation.

11.) In order to protect users of the app we may request at any point in time that a registered business provide proof of profile information and/or activity over the app in a reasonable form of documentation, and/or by consultation over phone, email, or visitation to the place of business, and reserve the right to completely remove a business from the app without any prior warning.

IV.  Content

1.) Businesses are permitted to share any aspect of their business that pertains to products and/or services provided, operations, any other pertinent aspects of commerce for their business, as well as affiliations with non-profit organizations and/or causes they feel represent their business (e.g. viewpoints on ethics, politics, religion, etc.) over the site/app and through external links such as websites or links to other resources as long as it complies with the content policy laid out below.

2.)  Businesses and users are prohibited from doing the following:

a.) Conducting unsatisfactory activity which may be defined as, but is not limited to, violations of any term(s) of this agreement, perjury of any kind, or the potential or realized endangerment of users of the app.

b.) Using vulgar material of any form, be it communication, innuendos, links to external sources, etc. Vulgar material could include but is not limited to obscene or lude pictures or comments, especially anything that would not be deemed appropriate for those under 13 years of age.

c.) Using foul language of any form, be it communication, innuendos, links to external sources, etc. Foul language could include but is not limited to curse words, negative undertones, and antagonism of users or businesses over the app.

d.) Using slander of any form, be it communication, innuendos, links to external sources, etc. Slander includes but is not limited to the sharing or promotion of personal and/or false information about users or businesses that could reasonably hinder their public image or reputation over the app, or even in other social spheres apart from the app but subsequent to slander over the app.

V. Due Process of Law

1.) By signing up for the app, businesses wave any right to file arbitration against the app.

2.) In the case that we feel a business is in violation of any terms set forth in this agreement we will notify them immediately of our observation and our subsequent plan of action, which may include temporary or permanent revocation of use of the app, and in the case of activity that affects the livelihood of users or the app, we may pursue some form of arbitration as recompense; in the case of arbitration the business will be notified in writing of our proceedings and subject to the ensuing legal requirements of action.

3.) In the case that we are not able to provide reasonable services due to technical malfunction for a period longer than 24 hrs we will recompense a business, upon their request, for payment of the amount reasonably reflective of the period of lapse in service.

4.) In the case that we choose to suspend or permanently revoke use of the app by a business due to a determination that the terms of this agreement have been violated, we may recompense the business payment upon their request, depending on our determination of the situation; however, we make no guarantee of this.

5.) If a business feels that our action(s) against them are unjustifiable then the business can make an appeal in writing to us, of which we will evaluate and give our resolve.

VI. Copyright

1.) Logos, mantras, and characters as seen on the app (site and mobile application) are the express property of Novel Ideas LLC. Specifically the “bitty” logo and the mantra, “The new small business community” are trademarks of our brand and are prohibited for use in the promotion of services or products of any other business unless expressly permitted by Novel Ideas LLC. Furthermore, businesses are prohibited from replicating the likeness of these images for proprietary or commercial use.

2.) Businesses are permitted to freely use promotional materials that are mass produced by Novel Ideas LLC.

VII. Future

1.) We reserve the right to update these terms at any time without forewarning and will attempt to let businesses know via their specified email address prior to the active date of the updated agreement; however, we make no guarantee of this and thereby advise businesses to review this agreement at least once every 3 months.

VI. Payment

1.) Businesses pay month-to-month and payment is due each month on the same day that the first payment was made; businesses will have a 5-day grace period and will not receive an invoice.

2.) If a business fails to pay within the grace period their account will be downgraded to a free account and will be able to upgrade again whenever they make a payment, of which will establish a new payment date for the billing cycle.

3.) In the case that we decide to change pricing we will notify businesses by email at least 30 days prior to the active date of change. The new charge will be active on the first payment due date of the billing cycle for the respective business beginning on or after the active date of change; if businesses do not make payment within the 5-day grace period after due date then they will be downgraded to a free account, of which will be upgraded upon payment.