Terms of Service

v1 · in effect since 8 October 2026

1. Who we are and what this is

These terms cover the platform currently called bitmutt (the "Service"). The Service lets a business, club or organization run its own site: pages, a store, print-on-demand products, a mailing list and more, from one admin area. bitmutt is a working name. If we rename the Service or move it to a new web address, these terms keep applying under the new name.

The Service is operated by Nicholas Provost, an individual based in New York ("we", "us").

These terms are a contract between you and us. They apply together with the Acceptable Use Policy and, while the Service is in Early Access, the Early Access Addendum. If the Addendum and these terms disagree, the Addendum wins for as long as it applies. The Privacy Policy explains how we handle personal information. It is a notice, not part of the contract.

"You" means the person who accepts these terms. If you accept them for a business, club or organization, "you" also means that organization, and you confirm you are allowed to commit it.

2. Your account

You must be at least 18 and able to enter into a contract.
During Early Access, entry is by invitation. An invitation is for the email address it was sent to, and it creates one site. Please do not pass it on.
Keep your password to yourself. Two-step sign-in is available and we recommend it. You are responsible for what happens under your account, and under the other admin accounts on your site.
Give us accurate information, including your real name, and tell us at legal@bitmutt.com as soon as you think someone else has used your account.
One person may run more than one site. Each site has its own accounts.

3. Your site and your content

Your address. You choose your site's address when you create it, and it cannot be changed afterwards. You do not own the address. We may refuse or take back an address that impersonates someone, infringes a trademark, or is likely to mislead people. Once an address has been used, we do not give it to anyone else.

A domain of your own. You may connect a domain you own, such as yourname.com. It stays yours, and so does the job of keeping it registered and pointed at the Service. While it is connected, visits to it pass through our network providers so we can serve your site securely. We may disconnect a domain that breaks these terms, or for a short time to protect the Service. Your site then stays reachable at its own address.

Your content stays yours. Text, images, artwork, products and everything else you put on the Service belong to you or to whoever licensed them to you. You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, display, transmit and reformat your content, only as far as needed to run the Service for you. That includes showing your site to visitors, sending your emails, sending your artwork to the print partner, and making backups. The licence ends when the content is deleted, except for copies in backups and records we have to keep.

You are responsible for it. You confirm that you have the rights to everything you upload, and that it follows the law and the Acceptable Use Policy. We do not review content before it goes live. We may remove content or restrict a site as described in the Acceptable Use Policy.

Uploaded files are public. Images and other files you upload for your site are served from web addresses that anyone holding the address can open. Do not upload anything that must stay private.

Your own legal pages. The Service may let you publish your own terms, privacy notice and returns policy, and offers starter texts to begin from. A starter is a starting point, not legal advice. Making your pages right for your site is your job.

4. Acceptable use

You agree to follow the Acceptable Use Policy. It is part of these terms.

5. Your store, your customers and payments

This section applies if your site uses the store.

You are the seller. When someone buys from your store, the sale is a contract between you and that buyer. We are not a party to it. We are not a marketplace, and we do not act as your agent or the buyer's.

You are responsible for your products and how you describe them, your prices, taxes, shipping, refunds, returns and customer service, and for following the consumer and business laws that apply to you. Buyers accept the store policies you publish when they check out.

Payments run through your own Stripe account. To take card payments you connect a Stripe account that belongs to you. Stripe's own agreement applies between you and Stripe, and Stripe checks your identity. Buyers pay on a checkout page hosted by Stripe. We never receive card numbers, and we never hold your money. Payouts, disputes, chargebacks and Stripe's fees are between you and Stripe. If Stripe restricts or closes your account, your store cannot take card payments until you connect another.

Taxes. You decide whether and how to collect tax, and you are responsible for reporting and paying it. Tax tools in the Service, including Stripe Tax if you turn it on, are aids. They are not tax advice.

We do not guarantee that a buyer will pay, that a payment will not be reversed, or that an order is not fraudulent.

6. Print on demand

Print-on-demand products are made and shipped by Printful, a separate company, through a Printful account that you connect. Printful's terms and content rules apply to you, and Printful charges you for production and shipping.

When a buyer orders one of these products, we send Printful the order, your artwork, and the buyer's name, delivery address, email address and phone number, so the order can be made and delivered.

Print quality, stock, production times, delivery, and returns of printed goods are governed by Printful's policies. Costs and margins shown in the Service are estimates. If you price a product below what it costs you, the loss is yours.

7. Email sent for you

Order emails to your buyers and emails to your mailing list go out under your site's name, through our email provider. You are the sender. You are responsible for having each person's permission where the law requires it, and for the content of what you send.

Every mailing-list email carries an unsubscribe link that works with one click. You may not remove it, hide it, or email someone who has unsubscribed. We may limit how much you send, or pause your sending, to protect delivery for everyone.

8. Fees

The Service is free during Early Access, and we take no cut of your sales. If we introduce prices, we will tell you at least 30 days before anything would be charged, and you will never be charged unless you have agreed to a paid plan.

Charges from other companies are yours to pay. That includes Stripe's fees, Printful's charges, and the cost of any domain name you buy.

9. The Service, and what stays ours

Changes. We may add, change or remove features, and the Service may be unavailable for maintenance or because something broke. If we plan to remove something you are likely to rely on, we will try to warn you first.

Support. Ask for help from the Support card in your admin area, or by email. We reply by email, as well as we can. We do not promise response times.

Our access to your site. Our staff can open your site's admin area to give support you asked for, to investigate abuse or a security problem, or to keep the Service running. That access is recorded.

Feedback. If you send us ideas or bug reports, we may use them without owing you anything.

Our software and name. The Service's software, design and name belong to us. While these terms apply, you may use the Service for your own sites. You may not copy it, resell access to it, try to extract its source code, or use it to build a competing service.

10. Restricting or closing a site

We may restrict or close a site if it breaks these terms or the Acceptable Use Policy, if it puts visitors, other sites or us at risk, if the law or a court requires it, or if its licence has ended. Where we reasonably can, we will tell you first and give you a chance to fix the problem. When the risk is urgent, we may act first and tell you straight after.

A restricted site is frozen. Visitors see a notice instead of the site, and no new orders can be placed. Buyers can still open the pages for orders they already made, your legal pages stay readable, and unsubscribe links keep working. You can still sign in, deal with open orders, and ask us for a copy of your data.

A closed site is terminated. It is no longer reachable, and sign-in ends.

11. How these terms change

We may change these terms. Every version we publish has a number and a date, and earlier versions stay on record and readable on this page.

Important changes are changes that reduce your rights or add to your obligations. We publish them at least 30 days before they take effect. We tell the admins of your site by email and in the admin area, with a plain summary of what changed, and ask you to accept. Any admin of your site may accept for the site, and we record who did and when. If nobody has accepted by the date the change takes effect, your admin area shows only the new terms and the way to accept them until someone does. Your public site keeps running. If you do not agree, stop using the Service and ask us to close your site before that date. The earlier version applies to you until then.

Small fixes correct wording, typing mistakes or contact details, or make something clearer without changing anyone's rights or obligations. A new name or web address for the Service is a small fix. Small fixes take effect when published. We tell you in the admin area, and you do not need to do anything.

Urgent changes. If the law requires a change sooner, or a security risk does, a change may take effect with less notice. We will say why.

We do not treat silence, or simply carrying on, as acceptance of an important change. The same rules apply to the Acceptable Use Policy and the Early Access Addendum.

12. Ending the agreement

You may stop using the Service at any time. To close your site, ask from the Support card in your admin area, or write to legal@bitmutt.com from an admin's email address.

We may end this agreement for any reason with 30 days' notice. We may end it at once for a serious or repeated breach, or where the law requires it.

When the agreement ends, your site closes to the public. For 30 days afterwards you may ask us for a copy of your data, and we will provide what we reasonably can. After that we may delete it. We keep what the law or a dispute requires us to keep, such as order records, the record of which terms you accepted, and security records. Your site's address is not given to anyone else.

Sections 3 (the parts about responsibility), 5, 13, 14, 15, 16 and 18 continue to apply after the agreement ends.

13. No warranties

The Service is provided "as is" and "as available". To the fullest extent the law allows, we make no promises about it beyond what these terms say. In particular, we do not promise that it will be uninterrupted, error-free or secure against every attack, that it is fit for a particular purpose, or that your content will never be lost. Some laws give rights that cannot be signed away, and nothing here removes those.

14. Limit on our liability

To the fullest extent the law allows:

We are not liable for lost profits, lost sales, lost data, lost goodwill, or any indirect, special or consequential loss, even if we knew it was possible.
Our total liability for everything connected with the Service or these terms is limited to the greater of (a) what you paid us in the 12 months before the claim arose, and (b) US$100.

These limits apply whatever the legal basis of the claim. They do not apply to liability that the law does not allow us to limit.

15. Claims caused by your site

If someone brings a claim against us because of your content, your products, your sales, the emails you send, your breach of these terms, or your breaking the law or someone else's rights, you will cover our reasonable costs, including legal fees, and any amount we have to pay. We will tell you about the claim promptly and let you take part in the response.

16. Governing law and disputes

The laws of the State of New York, United States, govern these terms, without regard to its rules on conflicts of law. If we disagree, each of us will first try to settle it by talking, for at least 30 days after written notice. If that fails, the state and federal courts located in the State of New York have exclusive jurisdiction, and we both accept it.

17. Personal information you collect through your site

Your site collects personal information about your own visitors and buyers: orders, contact messages, mailing-list sign-ups. For that information you decide why and how it is used, and we handle it only on your behalf. In the language of privacy law, you are the controller or business, and we are your processor or service provider.

For that information we will:

use it only to provide the Service to you and as you instruct through the Service, and never sell it;
keep it confidential and protect it with reasonable security measures;
use other companies to help run the Service only where they are bound to protect it, and list them in the Privacy Policy;
help you, as far as we reasonably can, to answer a person's request about their information;
tell you without undue delay if we learn of a security breach that affects it;
delete it or return it when this agreement ends, except what the law requires us to keep.

You are responsible for your own privacy notice, for having a lawful reason to collect the information, and for telling your visitors which companies handle it for you. Every site has a page at /legal/data that lists them for the parts of the Service your site uses. If you need a signed data processing agreement, write to legal@bitmutt.com.

18. General

Whole agreement. These terms, the Acceptable Use Policy and, while it applies, the Early Access Addendum are the whole agreement between us about the Service.
If part fails. If a court finds part of these terms unenforceable, the rest still applies.
No waiver. If we do not enforce something once, we may still enforce it later.
Transfer. You may not transfer this agreement without our written consent. We may transfer it as part of a merger, a sale of the business, or a reorganization, including to a company we form to run the Service, and we will tell you if we do.
Things outside our control. We are not responsible for failures caused by events we cannot reasonably control, including outages at hosting, network, payment, email or printing providers.
Notices. We send notices to your site's admins by email and in the admin area. Send notices to us at legal@bitmutt.com or Nicholas Provost, 406 Marcus Garvey Blvd, Apt 4R, Brooklyn, NY 11216.
Relationship. We are independent of each other. Nothing here makes either of us the other's partner, employee or agent.
Sanctions and exports. You may not use the Service if the law forbids us from providing it to you, or use it to sell to people or places the law forbids.
Copyright complaints. See the Acceptable Use Policy for how to report content that infringes your rights.

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