Terms of Service

Effective date: October 4, 2026 · Version 1.0

These Terms of Service (the “Terms”) are an agreement between Kuneiva Labs LLC, a Florida limited liability company (“Kuneiva,” “we,” “us”), and the organization that creates a BitaPic account (the “Customer,” “you”). They govern the BitaPic mobile applications, the web dashboard at app.bitapic.com and related services (together, the “Service”). The Data Processing Addendum in Exhibit A is part of these Terms. By checking the box at sign-up, you agree to these Terms on behalf of the Customer.

1. Business use only; authority

The Service is offered solely to businesses, government entities and other organizations, for use in their business operations, and not for personal, family or household purposes. By creating an account, you represent and warrant that (a) you are at least 18 years old; (b) you are entering into these Terms on behalf of an organization (including a sole proprietorship acting in the course of its business), which is the Customer; (c) you have authority to bind that organization; and (d) the Customer is acquiring the Service as part of, or ancillary to, its business activities. If you do not have that authority, or wish to use the Service for personal purposes, you may not use the Service. The Customer will not give access to anyone under 18.

2. Accounts and users

The Customer’s first user becomes its administrator. Administrators may invite supervisors and field users (for example installers, canvassers or runners) (“Authorized Users”) and create their accounts. The Customer is responsible for its Authorized Users’ compliance with these Terms, for keeping credentials confidential, and for all activity under its account. Each Authorized User may use the Service on one device at a time; an administrator approves a new device.

3. Free trial

New Customers receive a free trial of 14 days. No payment method is required, and the trial does not turn into a paid subscription automatically. When the trial ends, the account becomes read-only until the Customer subscribes: data can be viewed and exported, but new photos, sessions, inventory and users cannot be added. Work captured on a device before the trial ended and still waiting to upload will be accepted. We will remind the administrator 7 days, 3 days and 1 day before the trial ends. If the Customer does not subscribe within 60 days after the trial ends, we may delete the account and its data as described in Section 12.

4. Subscriptions, fees and renewal

1. Plans. Subscriptions are purchased by organizations through the BitaPic website. Plans are priced by the number of active users in the Customer’s account (administrators, supervisors and field users alike), monthly or yearly, at the prices shown on the Subscription page when you subscribe. An “active user” is a user account that is not suspended or archived during the billing period.
2. Automatic renewal. Subscriptions renew automatically for the same period at the then-current price unless cancelled before the renewal date. The renewal terms are shown next to the subscribe button. For yearly plans, we will email the administrator between 30 and 60 days before the renewal date.
3. Cancellation. The Customer may cancel at any time from the Subscription page in the dashboard, the same way it subscribed. Cancellation takes effect at the end of the current period. Fees already paid are not refundable, except where required by law or stated in Section 18.
4. Payment. Payments are processed by our payment provider. The Customer authorizes us to charge the payment method on file for each period and for added users. Prices exclude taxes, which the Customer pays where applicable.
5. Price changes. We will give at least 30 days’ notice of a price change, effective at the next renewal.

5. Non-payment

If a payment fails and is not resolved, the account becomes read-only 3 days after the due date, access is suspended 7 days after the due date, and the account and its data may be deleted 60 days after the due date. We will email the administrator before suspension and before deletion. Paying the outstanding amount before deletion restores full access.

6. Customer Data

1. Ownership. “Customer Data” means the data the Customer and its Authorized Users submit to the Service, including photos, locations, timestamps, notes, inventory, user information and pay information. Customer Data belongs exclusively to the Customer.
2. Our license. The Customer grants Kuneiva a limited license to host, copy, process and display Customer Data only to provide, secure and support the Service and as required by law. We do not sell or share Customer Data and do not use it for advertising.
3. Aggregated data. We may create aggregated, de-identified statistics about the use of the Service that do not identify the Customer or any individual, and use them to operate and improve the Service.

7. Workforce monitoring laws

The Customer is the employer or contracting party of its Authorized Users and decides what information to collect about them through the Service. The Service allows the Customer to collect location, time and photographic data about its Authorized Users while the mobile app is open on their screen. The Customer is solely responsible for determining whether, and how, that collection is lawful in each jurisdiction where its workers are located, and represents and warrants that it will (a) provide all notices, postings and acknowledgments, and obtain all consents, required by applicable law before any worker uses the Service; (b) offer an alternative where applicable law allows a worker to decline installing the app on a personal device; (c) not use the Service to monitor workers where or when prohibited by law, including in restrooms or outside working time; (d) reimburse device expenses where required; (e) comply with applicable privacy laws governing worker data; and (f) use the Service only for lawful business purposes and with a lawful basis for all Customer Data. Such laws include, without limitation, N.Y. Civil Rights Law § 52-c*2; Conn. Gen. Stat. § 31-48d (as amended by Public Act 26-73); 19 Del. C. § 705; N.J.S.A. 34:6B-22; 26 M.R.S. § 620-A (Maine); and, in California, Labor Code §§ 1560 et seq. and 2802, Penal Code § 637.7 and the California Consumer Privacy Act. The Service shows each field user a notice the first time they sign in, but Kuneiva does not provide legal advice, any notice templates it makes available are for convenience only, and Kuneiva does not represent that the Service’s default settings satisfy any particular law.

8. Time, pay and report data

The Service calculates worked time, sign counts and pay estimates from data entered or captured by the Customer’s users and from settings chosen by the Customer (including rates, minimums and rounding). These outputs are tools to assist the Customer and may be inaccurate, for example because of device, GPS, connectivity or user error. The Customer is solely responsible, as employer, for reviewing and approving all time and pay records, for paying its workers correctly, for compliance with the Fair Labor Standards Act and all wage-and-hour, recordkeeping and tax laws, and for keeping its own copies of required records. Kuneiva is not a payroll provider. Kuneiva shall have no liability for any wages, overtime, penalties, liquidated damages, taxes or claims by the Customer’s workers arising from the Customer’s reliance on the Service’s outputs, and the Customer shall indemnify Kuneiva against any such claims.

9. Acceptable use

The Customer and its Authorized Users will not: use the Service to track anyone outside working time or without the notices required by law; upload unlawful, infringing or harmful content; attempt to access another customer’s data; probe, overload or disrupt the Service; reverse engineer, copy or resell the Service except as the law expressly allows; or use the Service to build a competing product. We may suspend access that threatens the security or integrity of the Service and will notify the Customer promptly.

10. Location and photo accuracy

Device location, time and photos depend on the device, its settings and its signal, and may be inaccurate or missing. The Service records what the device reports and does not guarantee its accuracy.

11. Mobile apps and app stores

The BitaPic mobile apps are free companion apps to the BitaPic web service, which is sold only to organizations through the web dashboard for use by their personnel. No purchases are available in the mobile apps. For the iOS app: these Terms are between the Customer and Kuneiva only, not Apple; Apple has no obligation to provide maintenance or support for the app; Apple is not responsible for any claims relating to the app, including product liability, legal or regulatory compliance and intellectual property claims; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them. Google has no obligation regarding the Android app.

12. Term, export and deletion

1. These Terms last while the Customer has an account.
2. Export. While the account is active or read-only, the administrator can export Customer Data (spreadsheets and a file with the photos). After suspension, the administrator may request an export at support@bitapic.com until deletion.
3. Deletion and backups. When the Customer deletes Customer Data or the account is deleted under Sections 3 or 5, we delete it from our active production systems within 30 days. Residual copies may remain in our encrypted backups until those backups expire on our rolling schedule (up to 98 days for database backups and up to 180 days for photo backups), after which they are permanently overwritten. Backups are isolated and not used for any purpose other than disaster recovery; if a backup is ever restored, we re-apply all prior deletions before the restored data is used.
4. An administrator may also ask us to delete the Customer’s account early by writing to support@bitapic.com.

13. Deleting an individual user account

Any Authorized User can request deletion of their own account from the app (Profile › My account › Delete account) or at https://bitapic.com/delete-account. Deleting a user account removes that person’s sign-in and access. Photos and work records the person created belong to the Customer, which may be legally required to keep them, and remain in the Customer’s account. The last administrator of a Customer must appoint another administrator or delete the Customer’s account first.

14. Our intellectual property

The Service, the BitaPic name and logo, and all software and content we provide belong to Kuneiva. We grant the Customer a non-exclusive, non-transferable right to use the Service during its subscription under these Terms. Feedback the Customer gives us may be used freely, without obligation.

15. Confidentiality and security

Each party will protect the other’s non-public information with reasonable care. We maintain reasonable administrative, technical and physical safeguards for Customer Data and will notify the Customer of a security breach as described in Exhibit A.

16. Disclaimers

The Service is provided “as is” and “as available.” To the extent permitted by law, Kuneiva disclaims all implied warranties, including merchantability, fitness for a particular purpose and non-infringement, and does not warrant that the Service will be uninterrupted or error-free.

17. Limitation of liability

To the extent permitted by law, neither party will be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if advised of their possibility. Kuneiva’s total liability for all claims relating to the Service will not exceed the greater of (a) US$100 or (b) the fees the Customer paid for the Service in the 12 months before the event giving rise to the claim. Kuneiva’s obligations under Section 18(b) are subject only to the separate limit stated there, and the exclusion of damages in this Section does not apply to amounts payable under Section 18(b)(i). These limits do not apply to a party’s gross negligence, fraud or willful misconduct, or to the Customer’s payment and indemnity obligations.

18. Indemnification

(a) By the Customer. The Customer will defend and indemnify Kuneiva against third-party claims, including claims by the Customer’s Authorized Users or workers, arising from Customer Data, the Customer’s use of the Service, or a breach of Sections 7, 8 or 9.

(b) By Kuneiva. (i) Defense. Kuneiva will defend the Customer against any claim brought by a third party not affiliated with the Customer alleging that the Service, as provided by Kuneiva and used in accordance with these Terms, infringes that third party’s United States copyright or registered United States trademark, or misappropriates its trade secret (an “IP Claim”), and will pay the damages and costs finally awarded against the Customer, or agreed by Kuneiva in a written settlement, resulting from the IP Claim. Kuneiva will not settle in a way that imposes liability on the Customer without the Customer’s consent. (ii) Exclusions. Kuneiva has no obligation for any claim arising from (A) Customer Data or the Customer’s instructions; (B) modification of the Service by anyone other than Kuneiva; (C) combination of the Service with products, services, data or processes not provided by Kuneiva, if the claim would not exist without the combination; (D) third-party services or open-source components, which are governed by their own terms; (E) use of the Service in breach of these Terms, or after Kuneiva has notified the Customer to stop; or (F) any free, trial or beta use. (iii) Remedies. If the Service is, or in Kuneiva’s opinion is likely to be, the subject of an IP Claim or of any claim alleging patent infringement, Kuneiva may, at its option and expense, obtain the right for the Customer to continue using the Service, modify the Service so it is non-infringing without materially reducing its functionality, or terminate the affected subscription and refund prepaid fees for the unused term. (iv) Limit. Kuneiva’s total liability under this Section 18(b) will not exceed three (3) times the fees paid or payable by the Customer in the 12 months preceding the IP Claim; this limit is separate from, and not reduced by, the limit in Section 17. This Section 18(b) states Kuneiva’s entire liability and the Customer’s sole and exclusive remedy for any actual or alleged infringement or misappropriation of intellectual property rights, including patents.

(c) Procedure. The indemnified party must give prompt written notice, sole control of the defense and reasonable cooperation.

19. Changes to these Terms

We may update these Terms. We will notify the administrator by email or in the Service at least 30 days before a material change takes effect, and will ask the administrator to accept material changes to keep using the Service. If the Customer does not agree, it may cancel before the change takes effect.

20. Governing law, venue, jury and class waiver

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules, and by applicable U.S. federal law. The exclusive venue for any action is the state courts located in Broward County, Florida (the County Court or the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, as jurisdiction requires) or, where federal jurisdiction exists, the United States District Court for the Southern District of Florida, Fort Lauderdale Division, and each party submits to their jurisdiction and waives any objection based on venue or forum non conveniens. Either party may instead bring an individual claim in small claims court within its jurisdictional limits, and may seek injunctive relief in any competent court to protect its intellectual property or confidential information. Each party knowingly and voluntarily waives any right to a trial by jury. To the fullest extent permitted by law, all claims must be brought in a party’s individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. If the class waiver is found unenforceable, the jury waiver and venue provisions remain in effect.

21. Language

These Terms are drafted in English. Any translation, including the Spanish version, is provided for convenience only. If a translation conflicts with the English version, the English version controls.

22. General

These Terms, with Exhibit A and the Privacy Policy, are the entire agreement on this subject. If a provision is unenforceable, the rest remains in effect. Neither party may assign these Terms without the other’s consent, except to a successor of its business. Delays caused by events beyond a party’s reasonable control are excused. Notices to us go to support@bitapic.com; notices to the Customer go to its administrator’s email.

Contact: BitaPic is operated by Kuneiva Labs LLC, a Florida limited liability company. Questions about these Terms and legal notices may be sent to support@bitapic.com.

Exhibit A · Data Processing Addendum

1. Roles

For personal data contained in Customer Data (“Customer Personal Data”), the Customer is the controller (or “business”) and Kuneiva is the processor (or “service provider”). For account, billing and support information about the Customer’s administrators, Kuneiva acts as an independent controller under its Privacy Policy.

2. Instructions and purpose

Kuneiva processes Customer Personal Data only to provide, secure and support the Service under the Terms and the Customer’s documented instructions, including those given through the Service’s settings. Subject matter and duration: hosting and processing of field-work records for the term of the Terms. Categories of data: names, emails, phone numbers, profile photos, work photos, timestamps, device location during work sessions, worked time, pay rates and payment handles, notes and device identifiers. Data subjects: the Customer’s Authorized Users and workers.

3. Restrictions

Kuneiva will not sell or share Customer Personal Data; retain, use or disclose it for any purpose other than the business purposes in the Terms or outside the direct business relationship with the Customer; or combine it with personal data received from others, except as permitted by law. The Customer may take reasonable steps to stop and remediate unauthorized use.

4. U.S. state privacy laws

To the extent Customer Personal Data is subject to the CCPA/CPRA, the Connecticut Data Privacy Act (as amended by Public Act 25-113) or any other comprehensive U.S. state privacy law, Kuneiva acts as the Customer’s service provider or processor, processes such data only on the Customer’s documented instructions and for the business purposes set out in this Addendum, does not sell or share it, does not combine it with other data except as permitted by such laws, imposes equivalent obligations on subprocessors, assists the Customer with consumer requests and data protection assessments, provides the same level of protection those laws require, and notifies the Customer if it can no longer meet its obligations. The Customer remains responsible for determining whether any exemption, including for data processed in an employment context, applies.

5. Personnel and security

People who process Customer Personal Data are bound by confidentiality. Kuneiva maintains reasonable safeguards, including encryption in transit, access control by account and role, two-factor authentication on Kuneiva’s administrative accounts, audit logs of administrative actions, daily database backups and photo backups in a separate location.

6. Subprocessors

The Customer authorizes the subprocessors listed in the Privacy Policy. Kuneiva imposes data-protection obligations on each subprocessor no less protective than this Addendum and will notify the Customer at least 15 days before adding or replacing one. The Customer may object on reasonable data-protection grounds; if no solution is found, the Customer may cancel without penalty and receive a refund of prepaid fees for the unused term.

7. Assistance

Kuneiva will help the Customer respond to requests from individuals exercising their privacy rights, mainly through the Service’s features (viewing, correcting, exporting and deleting data), and will forward to the Customer any request it receives directly from the Customer’s personnel.

8. Security breaches

Kuneiva will notify the Customer without undue delay, and in any case no later than 10 days after determining a breach of security affecting Customer Personal Data, with the information available, and will cooperate with the Customer’s required notices.

9. Return and deletion

At the end of the Terms, Kuneiva will make Customer Data available for export and then delete it as described in Section 12 of the Terms, including the expiry of backups, unless the law requires longer retention.

10. Audits

Once a year, on 30 days’ written notice, Kuneiva will answer a reasonable written security questionnaire from the Customer, or provide an independent assessment if one exists.