Terms of Service

These Terms of Service (“Terms”) govern your access to and use of websites, software, and related services offered under the BitWhittle™ brand by Axonite Global LLC (“Axonite,” “we,” “us,” or “our”), including BitWhittle Photo Curator™ and other BitWhittle Studio™ products (collectively, the “Services”).

By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

Eligibility

You must be at least 13 years old to use the Services. If you are between the age of 13 and the age of majority in your jurisdiction, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

Intellectual property

The Services, including all software, documentation, website content, graphics, and related materials, are owned by Axonite Global LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws.

Except for the limited license expressly granted to you to use the software you purchase or download under its applicable license terms, no rights are transferred to you. You may not copy, modify, distribute, reverse engineer, or create derivative works of the Services except as permitted by law or by a written agreement with us.

Trademarks

BitWhittle™, BitWhittle Studio™, BitWhittle Photo Curator™, and related names, logos, and product identifiers are trademarks or pending trademarks of Axonite Global LLC. Other product and company names may be trademarks of their respective owners.

You may not use our trademarks, logos, or brand names without our prior written permission, except for truthful, non-misleading references to our products (nominative fair use). You may not:

License to use software

Subject to these Terms and any product-specific license presented at purchase or download, we grant you a limited, non-exclusive, non-transferable license to install and use the software for your personal or internal business purposes. We reserve all rights not expressly granted.

Acceptable use

You agree not to misuse the Services, interfere with their operation, attempt unauthorized access, or use them in violation of applicable law.

Purchases and refunds

Paid licenses are processed through our third-party checkout provider. Pricing, taxes, and refund eligibility are as stated at the time of purchase or in the checkout flow. Contact us if you have a billing issue.

Disclaimer of warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AXONITE GLOBAL LLC AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PHOTOS, PROFITS, OR BUSINESS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SOFTWARE OR SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS BEFORE THE CLAIM.

Termination

We may suspend or terminate your access to the Services at any time if we reasonably believe you have violated these Terms or used the Services in a way that creates risk or legal exposure for us. You may stop using the Services at any time. Upon termination, any license granted to you under these Terms ends immediately, though sections that by their nature should survive termination — including Intellectual Property, Trademarks, Disclaimer of Warranties, Limitation of Liability, and Governing Law — will continue to apply.

Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in California, and you consent to personal jurisdiction in those courts.

Privacy

Our collection and use of personal information is described in our Privacy Policy.

Changes

We may update these Terms from time to time. The “Last updated” date above will change when we do. Continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

Contact

Questions about these Terms: Axonite Global LLC — BitWhittle Studio™. Email support@bitwhittlestudio.com or use the contact method provided with your purchase receipt.