Terms of Use

Effective Date: June 4, 2026

Butter is a social platform made by Bonfire Technologies, Inc. ("Butter," "Bonfire," "we," or "us"). These Terms of Use (“Terms”) are a binding agreement between you and Butter covering your use of our website at https://itsbutter.app/ (the “Website”), our mobile and web applications (the "Apps"), and all related services (collectively, the "Service"). Please read these Terms before using Butter. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at info@itsbutter.app. Your use of the Service in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Service.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. These Terms cover important information about the Service provided to you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICE IS SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICE IN ANY MANNER.

BY CLICKING "I ACCEPT," OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS. THESE TERMS INCLUDE THE PROVISIONS IN THIS DOCUMENT AS WELL AS THOSE IN BUTTER’S PRIVACY POLICY (THE “PRIVACY POLICY”). YOUR USE OF THE SERVICE MAY ALSO BE SUBJECT TO ADDITIONAL POLICIES, RULES AND/OR CONDITIONS (“ADDITIONAL TERMS”), WHICH ARE INCORPORATED HEREIN BY REFERENCE, AND YOU UNDERSTAND AND AGREE THAT BY USING THE SERVICE, YOU AGREE TO ALSO COMPLY WITH THESE ADDITIONAL TERMS. IF YOU ARE NOT ELIGIBLE TO USE THE SERVICE, OR DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE.

1. Service Overview

Butter is a personal social platform that enables friends to use artificial intelligence (“AI”) to instantly create custom mini-apps (referred to as "Mini", or “Minis"). Minis can live in private group spaces, or they can be shared publicly to the Butter community. Minis can include quizzes, games, daily trackers, photo features, maps, and many other interactive experiences that reflect your friendship’s culture.

In the event that Butter provides you with access to any beta, free trial, demonstration, pre-release or similar versions of the Service (as may be indicated on the Service or otherwise by Butter), then you acknowledge that such Service are experimental in nature, are provided “AS IS”, and may not be functional on any machine or in any environment.

Some features of the Service or components thereof may be powered by AI. You may, accordingly, interact with AI-powered technology made available by Butter (“AI Services”). You agree to use all AI Services in compliance with all applicable laws, rules, statutes and regulations, and these Terms. Due to the nature of AI, it is possible that information and other Content (as defined below) generated through your use of any Service may be incomplete or inaccurate. Before leveraging any such information or Content, you are responsible for making your own determination that they are suitable, and you are solely responsible for any reliance on the accuracy, completeness, or usefulness thereof. For the avoidance of doubt and notwithstanding anything to the contrary in these Terms, Butter does not make any representations or warranties with respect to any Content created through use of any AI Services. You acknowledge and agree that any Content generated through use of the Service may not qualify for copyright protection under applicable laws. Laws regarding AI-generated works are evolving and we do not represent or guarantee that you will have any ownership rights (including copyrights) in Content or otherwise have any legal right to prevent others from using your Content or similar works. Any further distribution, sharing, licensing or commercialization of Content is solely at your own risk. Butter does not make any representations or warranties regarding your rights to distribute Content or any potential legal consequences from doing so. Content generated through machine learning processes is not tested, verified, endorsed or guaranteed to be accurate, non-infringing, complete or current by Butter. You should independently review and verify all Content accessed through the Service as to appropriateness for any or all use cases or applications. You are solely responsible for your reliance on or use of any Content.

2. Accounts and Registration

To access most features of the Service, you must register for an account. When you register, you may be required to select a password and user name (“Butter User ID”) and provide information about yourself, such as your name, age, and phone number. You agree that the information you provide is accurate, complete, and not misleading, and that you will keep it current. You may not select as your Butter User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You will not share your Butter User ID, account or password with anyone, and you must protect the security of your Butter User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Butter User ID and account. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe your account is no longer secure, notify us immediately at info@itsbutter.app.

Additionally, you may be able to access certain parts or features of the Service by using your account credentials from other services (each, a “Third Party Account”). By using the Service through a Third Party Account, you permit us to access certain information from such account for use by the Service. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Service and have gotten your parent or guardian to agree to these Terms on your behalf).

3. Eligibility

You must be at least 16 years old to use the Service or any Minis. By agreeing to these Terms, you represent and warrant that: (a) you are at least 16 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and use of the Service complies with all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants they have authority to bind you to these Terms. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Service or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at info@itsbutter.app.

4. Rights in the Service

4.1 Limited Right to Use the Service and Minis

Subject to your complete and ongoing compliance with these Terms, Butter grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service and published Minis through the Website or Apps. You will only use the Service for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Service is prohibited by applicable laws, then you aren’t authorized to use the Service. We can’t and won’t be responsible for your using the Service in a way that breaks the law.

4.2 Content

The materials displayed or made available on or through the Service, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, Minis, User Submissions (as defined below) and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Service, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content; or (ii) in a way that violates someone else’s (including Butter’s) rights.

Subject to these Terms, we grant each user of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Service. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Service is expressly prohibited without prior written permission from us. You understand that Butter owns the Service. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Service. The Service may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

4.3 Mini Access

Once you share a Mini with your group or publish it publicly to all users, it may remain accessible to those group members or all users on Butter even if you delete it from your library or delete your account. Butter does not regularly review posted Minis, but reserves the right (but not the obligation) to monitor, edit, or remove any Mini at any time, for any reason, including if Butter determines in its sole discretion that the Mini violates these Terms. Butter may suspend or take down any Mini without notice.

4.4 User Submissions

Anything you post, upload, share, store, or otherwise provide through the Service is your “User Submission”. Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Service. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. Butter disclaims any and all liability in connection with User Submissions. You are solely responsible for your User Content and the consequences of providing User Submissions via the Service. By providing User Submissions via the Service, you affirm, represent and warrant to Butter that you are the creator and owner of the User Submissions, or have the necessary licenses, rights, consents, and permissions to authorize Butter's use of your User Submissions as necessary to exercise the licenses granted by you in the Terms, in the manner contemplated by Butter, the Service and these Terms.

In order to display your User Submissions on the Service, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions (see below for more information). Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

By submitting User Submissions through the Service, you hereby do and shall grant Butter a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with this site, the Service and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of this site or the Service (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your account or the Service. You also hereby do and shall grant each user of this site and/or the Service a non-exclusive, perpetual license to access your User Submissions through this site and/or the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, including after your termination of your account or the Service. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

Certain features of the Service allow you to share information with others, including through your social networks or other Third Party Accounts. When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the Content. If you share information from the Service with others through your Third Party Accounts, such as your social networks, you authorize Butter to share that information with the applicable Third Party Account provider. Please review the policies of any Third Party Account providers you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.

Finally, you understand and agree that Butter, in performing the required technical steps to provide the Service to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

4.5 License Restrictions

Except as expressly permitted under applicable law or these Terms, you will not, and will not permit anyone to: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism.

4.6 Feedback

If you choose to provide input and suggestions regarding the Service ("Feedback"), you hereby grant Butter an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose. We have no obligation to provide attribution for Feedback you provide.

4.7 Responsibility for Content and User Submissions

Any information or Content publicly posted or privately transmitted through the Service is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Service. We can’t guarantee the identity of any users with whom you interact in using the Service and are not responsible for which users gain access to the Service.

You are responsible for all Content you contribute, in any manner, to the Service, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

The Service may contain links or connections to third-party websites or services that are not owned or controlled by Butter. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Butter is not responsible for such risks.

Butter has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Service. In addition, Butter will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Service, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Butter shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants in or users of the Service, or between users and any third party, you agree that Butter is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Butter, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Service. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

5. Mobile Applications

You acknowledge and agree that the availability of our Apps is dependent on the third party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to Apple App Store set forth below. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.

Through our mobile applications, you may purchase (“In-App Purchase”) certain goods or features designed to enhance the performance of the Services. When you make an In-App Purchase, you are doing so through either the Apple iTunes service or the Google Play service and you are agreeing to their respective Terms and Conditions, available at http://www.apple.com/legal/internet-services/itunes/us/terms.html and http://play.google.com/intl/en_us/about/play-terms.html. Butter is not a party to any In-App Purchase.

These Terms apply to your use of the Service, including our Apps, available via the Apple, Inc. (“Apple”) App Store, but the following additional terms also apply to the Apps:

1. Both you and Butter acknowledge that the Terms are concluded between you and Butter only, and not with Apple, and that Apple is not responsible for the Apps or the Content;
2. The Apps are licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Service;
3. You will only use the Apps in connection with an Apple device that you own or control;
4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps;
5. In the event of any failure of the Apps to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Apps;
6. You acknowledge and agree that Butter, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Apps;
7. You acknowledge and agree that, in the event of any third-party claim that the Apps or your possession and use of the Apps infringes that third party’s intellectual property rights, Butter, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
8. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
9. Both you and Butter acknowledge and agree that, in your use of the Apps, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
10. Both you and Butter acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

6. Costs and Payment

The Service is currently free, but we reserve the right to charge for certain features of or all of Service in the future. We will notify you before any Service you are then using begins carrying a fee, and if you wish to continue using such Service, you must pay all applicable fees for such Service. Butter reserves the right to determine pricing for the Service.

7. Messaging and Communications

As part of the Service, including when you subscribe to a creator, a space, or enable notifications in the Service, you are opting in to receive messages and updates that Butter sends you (including, for example, via email or SMS), such as alerts when new content is posted. When signing up for the Service, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Service and providing us with your wireless number, you confirm that you want Butter to send you information regarding your account with us and that we think may be of interest to you, which may include Butter using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Butter. You represent and warrant that each person you register for the Service or for whom you provide a wireless phone number has consented to receive communications from Butter. You agree to indemnify and hold Butter harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing. Standard message and data rates from your mobile carrier may apply. You can opt out at any time by replying STOP to any SMS message from us or by adjusting your notification settings in the App. For help, reply HELP or contact us at info@itsbutter.app. Opting out of SMS will not affect your ability to use the Service.

8. Public Minis and Remixing

8.1 Public and Private Minis

When you create a Mini, it is private by default and accessible only to you and the group members you share it with. You may choose to publish a Mini publicly, making it discoverable and accessible to all users of the Service. Please consider this carefully before publishing, as it has licensing consequences described below.

8.2 Unpublishing

Butter may support the ability to unpublish a Mini at a future date. Even if you unpublish a Mini, copies or remixes made by other users prior to unpublishing may remain accessible. Butter is not obligated to remove downstream remixes created before unpublishing.

8.3 Public Mini License

By publishing a Mini publicly, you grant Butter and all users of the Service a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to access, use, reproduce, modify, adapt, and create derivative works from your public Mini (the “Public Mini License”). This license is a mandatory condition of publishing publicly. You cannot impose custom or alternative licensing terms on public Minis.

8.4 Remixing

Other users may remix your public Minis to create derivative works. A remixing user acquires independent ownership of their original creative modifications, while you retain rights in your underlying work. All remixes are themselves subject to the Public Mini License and may be further remixed by others. The Service will attribute the original creator when a Mini is remixed.

8.5 AI Training

By creating or using a Mini, you grant Butter a non-exclusive, worldwide, royalty-free, perpetual license to use your Mini, including prompts, outputs, and interactions within the Mini (such as content created or submitted by users while using a Mini), to train, improve, and optimize Butter's AI models and recommendation systems. Butter may also use engagement data, such as message and comment counts, to improve the Service. The content of private group chat messages will not be used to train Butter's AI models unless you have explicitly opted in to share that data (e.g., such as to create a specific Mini).

8.6 Account Deletion and Minis

If you delete your account, any Minis you’ve created will not be removed from the Service, as doing so would disrupt downstream experiences used or built by other users. Your attribution will be replaced with an anonymized tag such as "[Deleted User]" across all instances of your created Minis and any remixes thereof.

9. Prohibited Conduct

You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User Submission, to the Service, or otherwise use or interact with the Service or any Minis, in a manner that:

1. is illegal or violates any applicable law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Butter;
2. violates, infringes or misappropriates any third-party intellectual property rights or any other rights of anyone else (including Butter), including by uploading to which you do not have the rights to do so;
3. is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
4. jeopardizes the security of your Butter User ID, account or anyone else’s (such as allowing someone else to log in to the Service as you) or attempts, in any manner, to interfere with security-related features of the Service, including by disabling or circumventing features that prevent or limit use of any Content or reverse engineering or attempting to discover any source code of the Service or any Mini-Apps;
5. attempts, in any manner, to obtain the password, account, or other security information from any other user or violates the security of any computer network, or cracks any passwords or security encryption codes;
6. copies or stores any significant portion of the Content;
7. decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Service.
8. uploads or disseminates any virus, adware, spyware, worm, or other malicious code, or interfere with the operation of the Service or any user's enjoyment of it;
9. runs Maillist, Listserv, any form of auto-responder or “spam” on the Service, or any processes that run or are activated while you are not logged into the Service, or that otherwise interfere with the proper working of the Service (including by placing an unreasonable load on the Service infrastructure), including through use of any technology that sends unauthorized advertisements, promotional content, or spam;
10. uploads or shares content containing profane or sexually explicit material, violence, or other content inappropriate for a general audience;
11. engages in or promotes harassment, discrimination, hate speech, or any form of abusive behavior based on race, gender, religion, nationality, disability, or other protected characteristics, or threats, intimidation, bullying, harassment, defamation, or stalking such as the incitement or glorification of violence, terrorism, or extremist activity, depictions of sensational, gratuitous, or gory violence (including violence against animals);
12. designs or develops weaponry;
13. exploits minors;
14. promotes fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;
15. generates content that dehumanizes, discriminates against, or advocates the inferiority or elimination of individuals or groups—especially those with protected characteristics;
16. engages in privacy and biometric abuses, such as aggregating, monitoring, profiling, or distributing private or sensitive personal data without explicit, informed consent; building facial-recognition or other biometric databases, or performing real-time remote biometric identification in public spaces;
17. infers emotions in workplaces/education, or deducing sensitive attributes (race, religion, sexual orientation, etc.) from biometrics; or assessing social behavior scores or predicting criminality based solely on personal traits or profiling;
18. engages in manipulation and undue influence such as subliminal, manipulative, or deceptive techniques designed to distort individual behavior or decision-making, political campaigning, lobbying, election interference, or voter suppression;
19. generates factually inaccurate or misleading content that could cause real-world harm to health, safety, finances, or public order (e.g., false medical advice, disaster alerts);
20. promotes dangerous challenges, unhealthy dieting/exercise practices, or body-shaming;
21. performs any fraudulent activity including impersonating any person or entity or engaging in deceptive practices;
22. removes, alters or covers any copyright notices or other proprietary rights notices;
23. uses any bot, crawler, spider or other automated script or software to scrape or build a database from the Service or any Mini-Apps or otherwise crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Service or Content (through use of manual or automated means);
24. trains any artificial intelligence system or model, or builds any databases or to create any competing product, services, or database; or
25. attempts to do any of the acts described above or assist or permit any person in engaging in any of the acts described above.

A violation of any of the foregoing is grounds for termination of your right to use or access the Service.

10. Modifications to Terms

We may, from time to time, change these Terms and reserve the right to change them at any time. Please check these Terms periodically for changes. If we change these Terms, we will place a notice on our Website or in the Apps, send you an email, and/or notify you by some other means. Revisions will be effective immediately. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you are free to reject them; unfortunately, that means you will no longer be able to use the Service and should discontinue your use of the Service. If you use the Service in any way after a change to the Terms is effective, that means you agree to all of the changes. Except as expressly permitted in this Section 10, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

11. Modifications to the Service

We’re always trying to improve our Service, so the Service may change over time. We may suspend or discontinue any part of the Service, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Service. We’ll try to give you notice when we make a material change to the Service that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Service at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

12. Copyright Takedown Notices

In accordance with the DMCA, we’ve adopted the following policy toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.

12.1 Procedure for Reporting Copyright Infringements

If you believe that material or content residing on or accessible through the Service infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Butter’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Butter is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, email address;
5. A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

12.2 Once Proper Bona Fide Infringement Notification is Received by the Designated Agent

Upon receipt of a proper notice of copyright infringement, we reserve the right to:

1. remove or disable access to the infringing material;
2. notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
3. terminate such content provider's access to the Services if he or she is a repeat offender.

12.3 Procedure to Supply a Counter-Notice to the Designated Agent

If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:

1. A physical or electronic signature of the content provider;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
4. Content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the United States, for any judicial district in which Butter is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Butter may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Butter may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Butter's discretion.

Please contact Butter’s Designated Agent at the following address:

Bonfire Technologies, Inc.

Attn: DMCA Designated Agent

Address: 5515 28th Avenue Northwest, Unit B, Seattle, WA 98107

Email: info@itsbutter.app

Failure to list all of the items above in your Notice may result in your notice being ineffective under the DMCA.

13. Ceasing Use of the Service

You’re free to stop using the Service at any time by contacting us at info@itsbutter.app; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Service.

Butter is also free to terminate (or suspend access to) your use of the Service or your account for any reason in our discretion, including your breach of these Terms. Butter has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content and Minis associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Butter.

If you have deleted your account by mistake, contact us immediately at info@itsbutter.app – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

14. Indemnity

You agree to indemnify and hold the Butter Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Service (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

15. Disclaimers; No Warranties by Butter

Butter and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Butter and all such parties together, the “Butter Parties”) make no representations or warranties concerning the Service, including without limitation regarding any Content contained in or accessed through the Service, and the Butter Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Service or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Service. The Butter Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Service. Services purchased or offered (whether or not following such recommendations and suggestions) through the Service are provided “AS-IS” and without any warranty of any kind from the Butter Parties or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICE AND CONTENT ARE PROVIDED BY BUTTER (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. BUTTER IS UNABLE TO GUARANTEE THE SUITABILITY, ACCURACY, QUALITY, SECURITY, LEGALITY AND RELIABILITY OF AI SERVICES, INCLUDING ANY INFORMATION OR CONTENT PRODUCED THROUGH THE USE OF AI SERVICES. ANY SUCH INFORMATION OR CONTENT MAY NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE OR INFORMATION AND BUTTER MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING SUCH INFORMATION OR CONTENT, WHICH IS PROVIDED “AS IS” AND SHOULD BE USED AT YOUR OWN RISK. GIVEN THE PROBABILISTIC NATURE OF MACHINE LEARNING, USE OF AI SERVICES MAY IN SOME SITUATIONS RESULT IN INCORRECT OR INACCURATE INFORMATION.

16. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE BUTTER PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO BUTTER IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

17. Arbitration Agreement

Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Butter and limits the manner in which you can seek relief from Butter. Both you and Butter acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Butter’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

17.1 Arbitration Rules; Applicability of Arbitration Agreement

The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in San Francisco, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

17.2 Costs of Arbitration

The Rules will govern payment of all arbitration fees. Butter will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Butter will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

17.3 Small Claims Court; Infringement

Either you or Butter may assert claims, if they qualify, in small claims court in San Francisco, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

17.4 Waiver of Jury Trial

YOU AND BUTTER WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Butter are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Butter over whether to vacate or enforce an arbitration award, YOU AND BUTTER WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

17.5 Waiver of Class or Consolidated Actions

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Butter is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 17.7 below.

17.6 Opt-Out

You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 5515 28th Avenue Northwest, Unit B, Seattle, WA 98107, postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

17.7 Exclusive Venue

If you send the opt-out notice in Section 17.6, and/or in any circumstances where the foregoing arbitration agreement permits either you or Butter to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Butter agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, San Francisco, California, or the federal district in which that county falls.

17.8 Severability

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Butter.

18. Miscellaneous

These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the California, without regard to the conflicts of laws provisions thereof. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Service account, in any way (by operation of law or otherwise) without Butter’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Service, provided that the Butter may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Butter agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Butter, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Butter, and you do not have any authority of any kind to bind Butter in any respect whatsoever. Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, you and Butter agree there are no third-party beneficiaries intended under these Terms.