Terms of Service

1. Acceptance of Terms

By accessing or using Biscuit (biscuit.so), operated by Flits Software Inc., you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use our service.

You must be at least 16 years old to use Biscuit. To make purchases or receive payouts, you must have reached the age of majority in your jurisdiction. By using our service, you represent that you meet these age requirements.

By creating an account, offering paid products or services through an app on Biscuit, or making a purchase through an app on Biscuit, you agree to be bound by these Terms, including the marketplace and billing terms set forth below. If you act as a Creator (by offering paid products or services through your app, or setting up payouts), you additionally agree to the Creator Terms in Section 7. If you make purchases through apps on Biscuit, you additionally agree to the Buyer Terms in Section 8.

2. Description of Service

Biscuit is an AI-powered application builder platform that enables users to create, deploy, and manage web and mobile applications through conversational AI interfaces. Our service includes:

• AI-assisted application development
• Code generation and editing
• Application hosting and deployment
• Custom domain support
• Real-time collaboration features
• Analytics for deployed applications
• In-app payment processing, enabling Creators to sell digital goods and services through their apps
• Billing services as merchant of record for in-app transactions
• Creator payout services via connected bank accounts

We reserve the right to modify, suspend, or discontinue any part of the service at any time without prior notice and without liability to you.

3. User Accounts

To use Biscuit, you must create an account using one of the sign-in methods we support. You are responsible for:

• Maintaining the security of your account
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

We reserve the right to suspend or terminate accounts that violate these terms or engage in prohibited activities.

You may not sell, purchase, transfer, or assign your Biscuit account or any rights to your earnings balance to any third party. Any attempt to do so is a violation of these Terms and will be void.

4. User Content and Licenses

Ownership

You retain ownership of the applications, code, and content you create using Biscuit.

License to Biscuit

By using our service, you grant Flits Software Inc. a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to host, store, display, reproduce, distribute, modify, create derivative works of, publicly perform, cache, and make available your content as necessary to provide, operate, promote, and improve the service. This includes the right to process and fulfill transactions for digital goods and services sold through your app by Biscuit as merchant of record.

This license survives termination of your account to the extent necessary for Biscuit to exercise rights or perform obligations that arose during the term of your use, including fulfilling outstanding buyer purchases.

Moral Rights

To the maximum extent permitted by applicable law, you irrevocably waive any and all moral rights you may have in content you submit to or through the service, including rights of attribution, integrity, and any other rights known as "moral rights," "artist's rights," "droit moral," or similar rights.

Feedback

If you provide suggestions, ideas, or other feedback about the service ("Feedback"), you grant Flits Software Inc. a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate the Feedback for any purpose without any obligation to you.

Responsibility

You are solely responsible for:

• The content you create and deploy
• Ensuring your content does not violate any laws or third-party rights
• Obtaining necessary permissions for any third-party content you use
• The security of applications you deploy

AI-Generated Content

Content generated by our AI is provided "as is." While we strive for accuracy, AI-generated code and content may contain errors. You are responsible for reviewing, testing, and validating all AI-generated content before use.

5. Marketplace and Merchant of Record

Biscuit as Merchant of Record

Biscuit operates as the merchant of record for all in-app transactions on the platform. This means that when a buyer makes a purchase or subscribes to a product or service through an app built on Biscuit, Flits Software Inc. is the selling entity. Biscuit processes the payment, handles billing, and records the Creator's share as an earnings balance. Unless otherwise stated in a separate written agreement or in-product pricing terms, the Creator's share is the amount Biscuit determines to credit from applicable transactions after deduction of taxes, refunds, chargebacks, payment processing costs, reserves, withholdings, and other adjustments or deductions permitted under these Terms. Creators may request payout of their earnings balance subject to the payout requirements in Section 6.

Creator Authorization

By offering paid products or services through your app on Biscuit, you (the "Creator") authorize Flits Software Inc. to market, sell, bill for, and distribute those products or services through the Biscuit platform as merchant of record. You appoint Biscuit to:

• Offer and sell digital goods and services to buyers through your app at prices you set, subject to Biscuit's checkout, tax, refund, and billing policies
• Collect payments from buyers in Biscuit's own name as merchant of record
• Issue receipts and invoices to buyers
• Handle billing disputes, chargebacks, and refunds
• Credit your earnings to your earnings balance, which you may request to withdraw to a connected bank account subject to identity verification and applicable fees

All funds collected from buyers are the property of Flits Software Inc. until paid out to you or applied in accordance with these Terms. The Creator's right to payment is a contractual right to receive the Creator's share as described in Section 6, not a proprietary or trust interest in any specific funds held by Biscuit.

This authorization is non-exclusive. You may offer your products or services through other channels. Biscuit reserves the right to require that all transactions facilitated through apps hosted on the Biscuit platform go through Biscuit's payment system.

No Sales Guarantees

Biscuit does not guarantee any minimum sales volume, revenue, or number of users for any product or service offered through apps on the platform. Biscuit makes no promises that a Creator's app or digital products will be successful, and past performance is not indicative of future results.

No Obligation to Promote, Screen, or Approve

Biscuit has no obligation to promote, feature, distribute, or otherwise make available any Creator's app or products. Biscuit is not obligated to screen, review, approve, or moderate Creator apps or the products and services offered through them before they are made available on the platform. Biscuit may, but is not required to, review apps or content at any time and for any reason.

6. Payments, Fees, and Billing

Payment Processing

All payments on the Biscuit platform are processed by Stripe, Inc. ("Stripe"). By using our payment services, you also agree to Stripe's Terms of Service and Stripe's Connected Account Agreement, as applicable.

Payment Authorization

By making a purchase, you represent and warrant that you have the right to use the payment method provided and that there are sufficient funds or credit available. You must notify Biscuit immediately of any unauthorized transactions on your account.

Platform Fees

Biscuit charges a payout service fee only when a Creator requests a cash payout to a connected bank account. The fee is calculated as a percentage of the gross amount requested for payout at the rate displayed on the Wallet page when the payout request is submitted. Biscuit may change payout service fees prospectively upon 30 days' prior notice to affected Creators. Any updated rate applies only to payout requests submitted on or after the effective date of the change.

Reinvesting Earnings in Platform Services

Creators may apply their earnings balance toward platform service charges (such as hosting or editor usage) instead of requesting a cash payout. When eligible earnings are applied toward platform services, the payout service fee is not charged. Applying earnings toward platform services constitutes an authorized offset of amounts owed to you against amounts you owe Biscuit for those services. It is a reduction of mutual obligations, not a purchase using stored value or a payment transaction. Applied earnings are not converted into a reusable wallet, prepaid balance, or cash-equivalent credit. Biscuit may place eligibility limits, holds, or compliance restrictions on this option.

Earnings Balance

Creator earnings represent amounts owed to you by Flits Software Inc. arising from transactions sold by Biscuit as merchant of record in connection with your app as described in Section 5. Your earnings balance is displayed in US Dollars (USD) and reflects the net amount payable to you after any applicable deductions. You may request a payout of your earnings or authorize their application toward platform service charges, subject to the requirements below.

Your earnings balance is a record of amounts owed to you by Biscuit — it is not a bank account, deposit account, stored-value product, e-money account, or any regulated financial product. Your relationship with Biscuit regarding earnings is that of a creditor and debtor, not a depositor and depository. Earnings balances do not earn interest and are not insured by the FDIC or any government agency. Biscuit is not a bank or financial institution. Your earnings balance does not create any ownership, property, or beneficial interest beyond the contractual right to receive payment as described in these Terms.

Biscuit's obligation to pay earnings is expressly conditioned on the Creator's continued compliance with these Terms, successful completion of any identity, tax, sanctions, fraud, or payout onboarding review required by Biscuit, Stripe, or applicable law, and the absence of any pending disputes, chargebacks, or fraud investigations. Biscuit reserves the right, in its sole discretion, to determine whether any transaction constitutes a legitimate earning event eligible for Creator payout or application toward platform services, and to adjust or correct earnings balances at any time for calculation errors, reversed transactions, fraud, or legal compliance reasons.

In the event that the platform ceases operations, Biscuit will use commercially reasonable efforts to process final payouts of confirmed earnings balances, subject to applicable law.

Creator Payouts

Phone verification is required to enable paid products on Biscuit. Identity verification (KYC), tax information, and bank account setup through Stripe Connect are generally required when a Creator requests a cash payout or when the Creator's earnings balance, transaction volume, or activity reaches a threshold determined by Biscuit or required by Stripe, card networks, or applicable law. Biscuit may require such information earlier, later, or on a periodic basis if reasonably necessary for fraud prevention, risk management, sanctions screening, tax reporting, or legal compliance. If you have not yet completed the required review, you may still earn on the platform, but your access to payout functionality and your ability to apply earnings toward platform services may be limited.

If you reach a threshold that requires additional onboarding or review, Biscuit may pause new sales, disable renewals, suspend paid features, or stop further earnings accrual until the required review is completed to Biscuit's satisfaction.

• The minimum payout amount is $5.00 USD.
• The payout service fee is deducted from each cash payout.
• You are responsible for providing accurate identity, tax, and banking information. If required verification or onboarding fails, cannot be completed, or raises sanctions, fraud, or legal compliance concerns, Biscuit may delay or deny payouts, freeze or reduce your earnings balance, suspend monetization, block application of earnings toward platform services, or take any other action required or permitted by law.
• If Biscuit is not legally prohibited from doing so, it may allow eligible earnings to be applied toward platform services instead of paid out in cash.
• If Biscuit determines that payout cannot lawfully or operationally be completed on a permanent basis, Biscuit may freeze the earnings balance, stop further sales or renewals, continue applying deductions and offsets, and hold, report, remit, or otherwise dispose of the remaining balance as required or permitted by law.
• Payouts are typically processed within 1-3 business days after you initiate a payout request, though delays may occur due to banks, Stripe, or other financial intermediaries.
• Biscuit is not responsible for delays caused by your bank, Stripe, or other financial intermediaries.
• Biscuit does not guarantee the availability of any particular payout method and is not obligated to find alternative payment methods if your chosen method fails or is unavailable.

Unclaimed Earnings

If you are unable to complete identity verification or do not withdraw your earnings balance, Biscuit may permit eligible earnings to be applied toward platform services, subject to any legal or compliance restrictions. Biscuit will make reasonable efforts to contact you using the information associated with your account. If your earnings remain unclaimed (neither withdrawn nor applied toward platform services) after the period required by applicable unclaimed property law (or 12 months from the date of last account activity, whichever is longer), Biscuit may report and remit the unclaimed balance to the appropriate state authority as required by law.

Reserves, Holdbacks, and Deductions

Biscuit reserves the right to place a temporary hold or rolling reserve on all or a portion of a Creator's earnings balance in the following circumstances:

• Elevated chargeback rates or pending chargeback disputes
• Suspected fraud, abuse, or violation of these Terms
• Pending or anticipated refund obligations
• Regulatory or legal requirements
• New Creator accounts during an initial assessment period (typically the first 30 days)

Biscuit may deduct from a Creator's earnings balance any amounts owed due to refunds, chargebacks, chargeback fees, or adjustments. Biscuit has the right to offset any amounts you owe under these Terms against any amounts Biscuit owes to you, including payouts. If your earnings balance is insufficient to cover amounts owed, Biscuit may offset the shortfall against future earnings or, if necessary, seek reimbursement from you directly.

Hosting Credits

Biscuit may issue hosting credits ("Bonus" balance) to your account. These credits have no cash value, cannot be withdrawn, and may only be used for platform services. Hosting credits may expire or be revoked at Biscuit's discretion.

Currency

All buyer-facing prices, transactions, and Creator earnings balances are denominated in US Dollars (USD) unless otherwise specified.

7. Creator Terms

Eligibility

To offer paid products or services through your app, you must:

• Have a valid Biscuit account in good standing
• Complete phone verification and any reasonable anti-fraud or compliance checks Biscuit requires
• Provide accurate business, identity, and tax information when requested by Biscuit, Stripe, or applicable law
• Complete Stripe Connect onboarding and any required identity verification before receiving a cash payout or when otherwise required under Section 6
• Have reached the age of majority in your jurisdiction

Creator Representations

By offering paid products or services through your app, you represent and warrant that:

• You have the legal right to sell the products or services offered through your app
• The app does not infringe any third-party intellectual property rights
• The app complies with all applicable laws and regulations
• Pricing is set accurately and in good faith
• Your app description accurately represents the app's functionality

Content Responsibility

You are solely responsible for the content, quality, legality, and functionality of apps you create and the digital goods or services sold through them. Biscuit does not review, endorse, or guarantee Creator apps or the products and services offered through them.

Buyer Complaints and Support

Creators are responsible for promptly addressing buyer complaints, questions, and issues related to products and services sold through their apps. Creators must respond to buyer inquiries in a timely and professional manner. Failure to reasonably address buyer complaints may result in Biscuit issuing refunds at the Creator's expense, suspending the Creator's app, or terminating the Creator's account.

Biscuit reserves the right, but not the obligation, to intervene in disputes between Creators and buyers. If Biscuit elects to resolve a dispute, its decision is final and binding on both parties.

App Removal

Biscuit reserves the right to remove, delist, or suspend any app at its sole discretion, including but not limited to apps that:

• Violate these Terms
• Receive excessive complaints or refund requests
• Contain illegal, harmful, or misleading content
• Pose a risk to platform integrity or user safety

If your app is removed, pending payouts may be held until any related disputes are resolved.

Prohibited Creator Conduct

Creators may not:

• Set deceptive or misleading pricing
• Engage in self-purchasing or transaction manipulation to inflate earnings
• Misrepresent app functionality or content
• Offer products or services that impersonate other creators or brands
• Use multiple accounts, bots, or automated systems to artificially generate transactions or inflate metrics
• Coordinate with others to generate fraudulent transactions or chargebacks
• Attempt to circumvent Biscuit's payment system or direct buyers to pay outside the platform

Engaging in any of the above may result in forfeiture of pending earnings, account suspension, or permanent termination. Biscuit reserves the right to withhold payouts and recover funds in cases of confirmed fraud or abuse.

8. Buyer Terms

Nature of Purchase

By making a purchase through an app on Biscuit, you acknowledge that:

• You are purchasing a digital good or service offered by the Creator through their app
• Your purchase contract is with Flits Software Inc., which is the seller and merchant of record for the transaction
• As between Biscuit and the Creator, the Creator is responsible for the content, quality, fulfillment, and ongoing maintenance of the product or service
• Biscuit does not guarantee that any product, service, or app will remain available, functional, or maintained after purchase

Nothing in these Terms limits any non-waivable rights you may have under applicable consumer protection law against Biscuit as merchant of record.

Digital Access Terms

Products and services purchased through apps on Biscuit are digital in nature. If the item you purchase is digital content, your purchase grants you a personal, non-transferable, non-exclusive, revocable license to access and use that content as made available through the platform, subject to these Terms. If the item you purchase is a subscription, hosted feature, or other digital service, your purchase grants you a personal, non-transferable, revocable right to access and use that service during the applicable paid term, subject to these Terms.

Availability

Access to purchased products and services is provided through apps on the Biscuit platform. If the Creator removes their app, or if Biscuit terminates the Creator's account, Biscuit will use commercially reasonable efforts to maintain access to purchased content where technically feasible. However, continued access cannot be guaranteed, and Biscuit is not liable for any loss of access resulting from Creator actions or account termination.

Chargebacks

If you dispute a charge with your bank or payment provider instead of contacting Biscuit directly, this may limit Biscuit's ability to assist you, including issuing a refund. Accounts associated with excessive or abusive chargebacks may be suspended or terminated.

9. Subscriptions and Recurring Payments

Subscription Terms

Some apps may offer subscription-based pricing with recurring payments at various billing intervals (daily, weekly, monthly, or yearly).

Authorization

By subscribing to an app, you authorize Biscuit to charge your payment method at the then-current subscription rate on a recurring basis at the selected interval.

Auto-Renewal

Subscriptions automatically renew until you cancel. Before you subscribe, Biscuit will present the current price, billing interval, and auto-renewal terms. You may cancel at any time through your Biscuit account settings. Cancellation takes effect at the end of the current billing period, and you will retain access until the end of the period you have already paid for.

Failed Payments

If a recurring payment fails, Biscuit may retry the charge. If payment continues to fail, the subscription may be suspended or canceled.

Price Changes

Price changes to subscriptions will be communicated in advance. Continued use of the subscription after a price change constitutes acceptance of the new price.

Creator Fulfillment Obligation

Creators who offer subscriptions must deliver the promised product or service for the entire duration of each paid subscription period. If a Creator fails to fulfill a subscription offering, Biscuit may, at its sole discretion, issue refunds to affected buyers and deduct the corresponding amounts from the Creator's earnings balance.

10. Refunds and Disputes

Refund Policy

As the merchant of record, Biscuit handles refund requests. Buyers may request a refund by contacting support@biscuit.so.

Refunds are evaluated on a case-by-case basis. Refunds may be granted if:

• The product or service does not function as materially described
• The buyer was charged in error
• The purchase was unauthorized

Refunds are generally not available for:

• Dissatisfaction with AI-generated content or app quality
• Change of mind after purchase
• Purchases made more than 14 days ago

Nothing in this section limits any statutory rights to refunds you may have under applicable law.

EU Consumer Rights

If you are a consumer in the European Union or European Economic Area, you have a 14-day right of withdrawal for certain digital content and digital service purchases under Directive 2011/83/EU. Different rules may apply depending on whether your purchase is digital content or a digital service. If you request immediate performance, access, download, or delivery before the withdrawal period ends, your withdrawal rights may be reduced or lost to the extent permitted by applicable law. Biscuit will collect and confirm any consent, request, or acknowledgment required at checkout for the type of purchase you make.

To exercise your right of withdrawal (where applicable), you may contact us at support@biscuit.so with your name, the date of purchase, and a clear statement that you wish to withdraw. We will process any applicable refund within 14 days using the same payment method you used for the original purchase.

Creator Impact

When a refund is issued, the corresponding amount will be deducted from the Creator's earnings balance. Any payout service fee already incurred on a completed cash payout is non-refundable to the Creator. Creators may not issue refunds directly to buyers; all refund requests must be processed through Biscuit.

Chargebacks

If a buyer initiates a chargeback through their bank or payment provider, Biscuit reserves the right to deduct the disputed amount plus any chargeback fees from the Creator's balance.

11. Tax Obligations

Platform Tax Responsibilities

As merchant of record, Flits Software Inc. is responsible for collecting and remitting applicable VAT, sales tax, and other indirect taxes on purchases where required by law.

Creator Tax Responsibilities

Creator earnings and payouts may be subject to payout service fees, withholding, reserves, and other deductions described in these Terms. Creators are solely responsible for:

• Reporting their earnings and paying any applicable income taxes in their jurisdiction
• Providing accurate tax information whenever requested by Biscuit, Stripe, or applicable law, including before payout or when reporting thresholds are reached
• Accurately describing their products and services for tax classification purposes; Biscuit relies on these descriptions to determine applicable tax treatment
• Complying with local tax laws and regulations applicable to their earnings

Biscuit may issue tax reporting forms (such as IRS Form 1099 for US-based Creators) where required by applicable law. International Creators may be required to provide additional documentation (such as IRS Form W-8BEN) and may be subject to tax withholding as required by law. If any payout to you is subject to withholding tax under applicable law, the full amount of such withholding tax shall be deducted from the payout. Biscuit will apply reduced withholding rates only if you provide documentation satisfactory to Biscuit establishing your entitlement to such reduced rates. Biscuit may also collect, verify, and report Creator information to tax or regulatory authorities where required by law.

The relationship between you and Biscuit established by these Terms may have important legal and tax consequences for you. Biscuit does not provide legal or tax advice. You acknowledge that it is your responsibility to consult with your own legal and tax advisors regarding your obligations.

12. Prohibited Uses

You may not use Biscuit to:

• Create applications that violate any applicable laws
• Distribute malware, viruses, or harmful code
• Engage in phishing, fraud, or deceptive practices
• Infringe on intellectual property rights
• Harass, abuse, or harm others
• Collect personal data without proper consent
• Attempt to circumvent security measures
• Overload or disrupt our infrastructure
• Create applications involving illegal content
• Resell or redistribute our service without permission
• Offer products or services that impersonate other creators, brands, or products
• Set deceptive or misleading pricing
• Engage in self-purchasing or transaction manipulation to inflate earnings
• Use the platform to launder money or facilitate financial fraud
• Create apps that facilitate illegal gambling, securities trading without proper licensing, or other regulated financial activities without appropriate authorization
• Use pressure tactics, manipulative design patterns, or deceptive prompts (such as "buy now" pop-ups or false urgency) to encourage purchases, particularly in apps that may be used by children
• Use the platform if you are subject to sanctions administered by the U.S. Office of Foreign Assets Control (OFAC), the European Union, the United Kingdom, or any other applicable sanctions authority

Biscuit may freeze, suspend, or terminate accounts and withhold earnings as required by applicable anti-money laundering (AML) laws, sanctions, or other legal requirements. Biscuit reserves the right to investigate and report suspected violations to the appropriate authorities.

13. Third-Party Services

Biscuit integrates with third-party services including AI providers, authentication services, payment processors (Stripe), and infrastructure providers. Your use of these services is subject to their respective terms and privacy policies.

We are not responsible for the availability, accuracy, or content of third-party services. If a third-party service becomes unavailable, changes its terms, or discontinues operation, Biscuit is not liable for any resulting impact on the service.

By enabling or using third-party integrations within your app, you authorize Biscuit to share relevant data with those third-party services as necessary for the integration to function.

14. AI Terms and Disclaimers

Due to the nature of AI-powered features, Biscuit does not represent or warrant that: (a) any AI-generated output does not incorporate or reflect third-party content or materials; or (b) any AI-generated output will not infringe third-party intellectual property rights.

You acknowledge that AI-generated content (including apps) may not qualify for copyright protection under applicable laws. Any distribution, sharing, licensing, or commercialization of AI-generated output is solely at your own risk.

AI-generated output is not tested, verified, endorsed, or guaranteed to be accurate, complete, or current by Biscuit. You are solely responsible for reviewing, testing, and validating all AI-generated content before use or sale.

15. Intellectual Property and DMCA

Biscuit's Intellectual Property

The Biscuit platform, including its design, features, and underlying technology, is owned by Flits Software Inc. and protected by intellectual property laws.

You may not copy, modify, distribute, or create derivative works of our platform without our explicit written permission.

Trademarks

"Biscuit," the Biscuit logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Flits Software Inc. You may not use these marks without our prior written permission. You may not use any confusingly similar marks, purchase search-engine keywords using our trademarks, or otherwise trade on the Biscuit brand.

Copyright Infringement (DMCA)

Biscuit respects the intellectual property rights of others. If you believe that content on the platform infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) to our designated agent at dmca@biscuit.so.

Your DMCA notice must include:

• Identification of the copyrighted work you claim has been infringed
• Identification of the material you claim is infringing and its location on the platform
• Your contact information (name, address, telephone number, and email address)
• A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf
• Your physical or electronic signature

Counter-Notice

If your content was removed due to a DMCA notice and you believe the removal was in error, you may submit a counter-notice to dmca@biscuit.so containing: (a) identification of the removed material and its former location; (b) a statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification; (c) your name, address, and telephone number; (d) consent to the jurisdiction of the federal courts in Delaware; and (e) your physical or electronic signature.

Repeat Infringers

Biscuit will terminate the accounts of users who are repeat infringers of intellectual property rights in appropriate circumstances.

16. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BISCUIT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT:

• The service will be uninterrupted or error-free
• AI-generated content will be accurate or suitable for any purpose
• The service will meet your specific requirements
• Any defects will be corrected
• Products or services sold by Creators through their apps will function as described, be maintained, or remain available

Except to the extent non-waivable rights apply under applicable law, Biscuit is not responsible for the content, quality, safety, legality, or any other aspect of products or services offered by Creators through apps on the platform. As between Biscuit and the Creator, Creators remain responsible for such products and services and for related claims, refunds, and liabilities.

No oral or written information or advice given by Biscuit or its representatives creates any warranty not expressly stated in these Terms.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLITS SOFTWARE INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING:

• Loss of profits or revenue
• Loss of data
• Business interruption
• Damages arising from use of AI-generated content
• Damages arising from products or services purchased through Creator apps
• Loss of expected earnings or sales revenue for Creators
• Payment processing delays or failures

Liability Cap for Buyers

For buyers, our total aggregate liability for all claims arising out of or relating to these Terms or the service shall not exceed the greater of: (a) the total amount you paid to Biscuit for purchases in the twelve (12) months preceding the claim; or (b) one hundred US dollars ($100 USD).

Liability Cap for Creators

For Creators, our total aggregate liability for all claims arising out of or relating to these Terms or the service shall not exceed the greater of: (a) the total amount paid by Biscuit to you as Creator payouts in the twelve (12) months preceding the claim; or (b) one thousand US dollars ($1,000 USD).

EU Consumers

If you are a consumer in the European Union or European Economic Area, the limitations above do not apply to: (a) liability for death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or willful misconduct; or (d) any other liability that cannot be limited or excluded under applicable law. For slight negligence in breach of essential contractual obligations, liability is limited to the typically foreseeable damage at the time of contract formation.

18. Indemnification

General Indemnification

You agree to indemnify, defend, and hold harmless Flits Software Inc. and its officers, directors, employees, agents, affiliates, consultants, and business partners from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your access to or use of the service
• Your violation of these Terms or any applicable law
• Your violation of any third-party right, including intellectual property, privacy, or property rights
• Any dispute between you and another user or third party

Additional Creator Indemnification

In addition to the general indemnification above, Creators agree to indemnify, defend, and hold harmless Flits Software Inc. from and against any claims, damages, losses, liabilities, costs, and expenses arising out of or relating to:

• The content, quality, legality, or functionality of apps you create and digital goods or services sold through them
• Claims by buyers or third parties related to products or services sold through your app
• Intellectual property infringement arising from your app or its content
• Consumer protection violations related to your apps or the goods and services offered through them
• Tax-related claims arising from your failure to comply with your tax obligations under Section 11

Defense and Control

Flits Software Inc. reserves the right, at its own cost, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

You may not settle any claim subject to indemnification under this section without the prior written consent of Flits Software Inc. if such settlement would impose any obligation, admission, or liability on Biscuit.

19. Termination

You may terminate your account at any time. We may suspend or terminate your access if you violate these terms or for any other reason at our discretion.

Upon termination, your right to use the service ceases immediately. We may retain your data for a limited period after termination for backup purposes, subject to applicable legal retention requirements (including tax and financial record-keeping obligations), after which it will be deleted.

Upon termination of a Creator account, pending payout balances will be reviewed and, where lawful and operationally available, processed within 90 days, subject to completion of any required identity, tax, sanctions, or payout onboarding review and resolution of any outstanding disputes, chargebacks, refunds, reserves, or fraud investigations. Biscuit may continue to hold, offset, reverse, report, remit, or otherwise deal with earnings balances as required or permitted under Section 6 and applicable law. Active buyer subscriptions associated with a terminated Creator account will be canceled, and buyers will retain access until the end of their current paid period.

Survival

The following sections survive termination of these Terms: Section 4 (User Content and Licenses), Section 6 (Payments, Fees, and Billing — to the extent of outstanding obligations), Section 14 (AI Terms and Disclaimers), Section 15 (Intellectual Property and DMCA), Section 16 (Disclaimers), Section 17 (Limitation of Liability), Section 18 (Indemnification), this Section 19 (Termination), Section 20 (Governing Law, Dispute Resolution, and Arbitration), Section 22 (General Provisions), and any other provisions that by their nature should survive termination.

20. Governing Law, Dispute Resolution, and Arbitration

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms.

Informal Dispute Resolution

Before initiating any formal proceeding, you and Biscuit agree to first attempt to resolve any dispute informally. The party raising the dispute must send a written notice describing the nature of the claim and the relief sought to the other party (by email to legal@biscuit.so for claims against Biscuit, or to your account email for claims against you). Both parties agree to negotiate in good faith for at least sixty (60) days from the date of receipt of the notice before initiating arbitration or litigation. All communications during this informal resolution process are confidential and may not be used as evidence in any subsequent proceeding.

Binding Arbitration (United States Users)

If informal resolution fails and you are located in the United States, you and Biscuit agree that any dispute, claim, or controversy arising out of or relating to these Terms or the service ("Dispute") will be resolved exclusively through binding individual arbitration, rather than in court, except that: (a) either party may bring claims in small claims court if the claims qualify; and (b) either party may seek injunctive or other equitable relief in court for claims relating to intellectual property (patents, copyrights, trademarks, or trade secrets).

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will take place in the State of Delaware, or at another mutually agreed location, or via videoconference. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

For claims of $10,000 USD or less, you will be responsible for only the first $50 USD of arbitration filing fees; Biscuit will cover the remainder. For claims exceeding $10,000 USD, filing fees will be allocated in accordance with AAA rules.

Class Action Waiver

YOU AND BISCUIT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and Biscuit agree in writing, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

Mass Arbitration

If 25 or more similar arbitration demands are filed against Biscuit within a 60-day period, the parties agree to a bellwether process: a small number of cases (no more than 10) will be selected for initial arbitration, and their outcomes will inform resolution of the remaining claims. During the bellwether process, all other claims are stayed. The parties will cooperate in good faith to resolve the remaining claims based on the bellwether outcomes.

Arbitration Opt-Out

You may opt out of the arbitration agreement and class action waiver by sending written notice to legal@biscuit.so within thirty (30) days of first creating your Biscuit account. Your notice must include your name, account email, and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in the state or federal courts located in the State of Delaware.

Time Limitation

Any cause of action or claim arising out of or relating to these Terms must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action or claim is permanently barred. This limitation does not apply where prohibited by applicable law.

EU Consumer Exception

If you are a consumer in the European Union or European Economic Area, the arbitration agreement, class action waiver, and time limitation provisions in this section do not apply to you. Nothing in these Terms shall affect your statutory rights under applicable EU consumer protection legislation. You may bring proceedings in the courts of your country of residence. Mandatory consumer protection laws of your jurisdiction apply where more favorable to you.

Marketplace Transaction Disputes

For disputes relating to marketplace transactions, Creators and buyers are encouraged to first contact Biscuit at support@biscuit.so. We will use commercially reasonable efforts to resolve disputes within 15 business days.

21. Changes to Terms

We may update these Terms from time to time. For material changes, we will provide advance notice by posting the updated terms on this page and updating the "Last updated" date. Changes required for legal compliance, safety, or security reasons may take effect immediately.

For Creators, material changes to marketplace, payment, or fee-related terms will be communicated at least 30 days before they take effect. Your continued use of Biscuit after changes take effect constitutes acceptance of the new terms.

22. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any additional terms you agree to when using specific features, constitute the entire agreement between you and Flits Software Inc. regarding the service and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

No Waiver

The failure of Biscuit to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision shall be effective only if in writing and signed by Flits Software Inc.

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. Flits Software Inc. may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, without your consent. Any purported assignment in violation of this section is void.

Force Majeure

Biscuit shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, government actions, sanctions, banking or payment system disruptions, internet or telecommunications failures, power outages, or third-party service provider outages.

Electronic Communications

By using the service, you consent to receiving electronic communications from Biscuit, including emails, in-app notifications, and transaction receipts. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

Investigations and Law Enforcement

Biscuit reserves the right to investigate any suspected or actual violation of these Terms. Biscuit may disclose any information as necessary or appropriate to satisfy any applicable law, regulation, legal process, or governmental request, or to protect the rights, property, or safety of Biscuit, its users, or the public.

English Language

These Terms were drafted in the English language. If these Terms are translated into any other language, the English-language version shall prevail in the event of any conflict.

Notice to California Residents

Under California Civil Code Section 1789.3, California users of the service are entitled to the following consumer rights notice: the service is provided by Flits Software Inc. If you have a question or complaint regarding the service, please contact us at support@biscuit.so. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.

23. Contact Us

If you have questions about these Terms, please contact us: