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Terms and Conditions

Last Updated: [Date]

These Terms and Conditions ("Agreement") govern your access to and use of the services provided by Giant Conglomerate, LLC d/b/a Bistu ("Bistu," "Company," "we," "us," or "our"), including the Bistu platform and any related software, tools, APIs, or documentation (collectively, the "Services").

By signing up for, accessing, or using the Services, you ("Customer") agree to be bound by this Agreement on behalf of yourself and the organization you represent. If you do not agree, do not use the Services.

1. Definitions

  • "Account" means the account created by Customer to access the Services.
  • "Authorized Users"means employees, contractors, or agents of Customer who are permitted by Customer to use the Services under Customer's Account.
  • "Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential.
  • "Customer Data" means all data, files, or content submitted to the Services by Customer or its Authorized Users.
  • "Subscription" means the paid access plan Customer selects for the Services.
  • "Subscription Term" means the period during which Customer has paid access to the Services, as specified at checkout or in a separate order form.
  • "Generated Website"means the publicly accessible website created on behalf of Customer using the Services, hosted at a path under Bistu's primary domain (e.g., bistu.io/businessname).
  • "Website Visitors"means third-party individuals who access or browse Customer's Generated Website.
  • "Generated Privacy Notice"means the privacy notice automatically created and published by Bistu on Customer's Generated Website, as described in Section 5.10.

2. Account Registration and Access

2.1 Eligibility. To use the Services, you must be at least 18 years old and have the legal authority to enter into this Agreement on behalf of your organization.

2.2 Account Responsibility. Customer is responsible for (a) maintaining the confidentiality of login credentials, (b) all activity that occurs under its Account, and (c) ensuring that all Authorized Users comply with this Agreement. Customer must notify Bistu immediately at contact@bistu.io if it becomes aware of any unauthorized use of its Account.

2.3 Accurate Information. Customer agrees to provide accurate, current, and complete information during registration and to keep this information up to date.

3. Subscription and Billing Terms

3.1 Subscription Plans. The Services are offered on a subscription basis. Available plans, features, and pricing are described on our pricing page at bistu.io/#pricing and may be updated from time to time.

3.2 Payment. Customer agrees to pay all fees associated with the selected Subscription plan. Fees are due in advance and are charged on a recurring basis (monthly or annually, as selected). All payments are processed through our third-party payment provider.

3.3 Billing Cycle. Subscriptions renew automatically at the end of each billing cycle unless cancelled before the renewal date. Bistu will send a reminder before annual renewals.

3.4 Price Changes.Bistu reserves the right to change pricing at any time. We will provide at least 30 days' written notice before any price increase takes effect for existing Customers. Continued use of the Services after the effective date constitutes acceptance of the new pricing.

3.5 Taxes.All fees are exclusive of applicable taxes (including VAT, GST, or sales tax). Customer is responsible for all taxes arising from its purchase of the Services, except for taxes based on Bistu's income.

3.6 Late Payments. Overdue amounts may accrue interest at the rate of 1.5% per month (or the maximum rate permitted by law, whichever is lower). Bistu reserves the right to suspend access to the Services for accounts with outstanding unpaid invoices after providing reasonable notice.

3.7 Refunds. All fees are non-refundable except as required by applicable law or as expressly stated in this Agreement. Bistu does not provide refunds for partial months of service or for unused portions of a Subscription Term following a cancellation.

3.8 Cancellation.Customer may cancel its Subscription at any time through the Account settings or by contacting support at contact@bistu.io. Cancellation will take effect at the end of the current billing cycle. Upon cancellation, Customer's access to the Services will continue through the end of the paid period.

3.9 Free Trials. Bistu offers a 14-day free trial of the Services. A valid payment method is required to begin a free trial. At the end of the trial period, Customer will be automatically charged the applicable Subscription fee unless it cancels before the trial expires. Bistu may discontinue or modify free trial offers at any time.

4. Acceptable Use Policy

4.1 Permitted Use. Customer may use the Services solely for its legitimate internal business purposes and in accordance with this Agreement and all applicable laws.

4.2 Prohibited Content on Generated Websites.Because Generated Websites are hosted on Bistu's infrastructure and served under Bistu's domain, the content published on those websites reflects directly on Bistu's platform and brand. Customer must not use its Generated Website to publish, display, or distribute content that:

  • Promotes, glorifies, or incites racism, racial hatred, or discrimination based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or any other protected characteristic;
  • Constitutes or facilitates harassment, bullying, threats of violence, intimidation, or abuse directed at any individual or group;
  • Contains, promotes, or facilitates sexually explicit material, pornography, escort services, sex work, or sexual solicitation;
  • Promotes, glorifies, or facilitates terrorism, violent extremism, or the activities of designated terrorist organizations;
  • Promotes, sells, or facilitates the sale of illegal drugs, controlled substances, or drug paraphernalia in violation of applicable law;
  • Contains content that is fraudulent, deceptive, or designed to mislead consumers, including phishing schemes, scams, or impersonation of other individuals or businesses;
  • Promotes or facilitates illegal gambling;
  • Exploits or endangers minors in any way, including content that sexualizes minors or facilitates access to minors by predatory individuals;
  • Infringes upon the intellectual property rights of any third party, including copyrighted material, trademarks, or trade secrets used without authorization;
  • Contains malware, phishing links, or any content designed to harm, deceive, or exploit Website Visitors;
  • Could reasonably be interpreted as casting Bistu, its platform, or its affiliates in a false light, or could cause reputational harm to Bistu by associating the Bistu brand or domain with objectionable, misleading, or unlawful material.

This list is illustrative and not exhaustive. Bistu reserves the right, in its sole discretion, to determine whether content violates this Section 4.2.

4.3 Prohibited Activities. Customer and its Authorized Users must not:

  • Use the Services to infringe upon, misappropriate, or violate the intellectual property, privacy, or other rights of any third party;
  • Upload, transmit, or store any content that is unlawful, harmful, abusive, defamatory, obscene, or otherwise objectionable;
  • Use the Services to send unsolicited messages, spam, or engage in any form of unauthorized advertising;
  • Attempt to gain unauthorized access to the Services, other accounts, or the underlying systems or networks;
  • Introduce malware, viruses, or any malicious code into the Services;
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services;
  • Sublicense, resell, rent, lease, or otherwise make the Services available to any third party outside of the Customer's organization, except as expressly permitted in writing by Bistu;
  • Use the Services in a manner that disrupts, degrades, or impairs the integrity, performance, or availability of the Services for other customers;
  • Circumvent any technical limitations, rate limits, or access controls implemented in the Services;
  • Use the Services for any benchmark testing or competitive analysis without prior written consent from Bistu.

4.4 Content Review and Removal. Bistu reserves the right, but has no obligation, to review, monitor, or inspect any content published on Generated Websites at any time. If Bistu determines, in its sole discretion, that content violates Section 4.2, Section 4.3, or any other provision of this Agreement, or that content poses a risk of legal liability or reputational harm to Bistu, Bistu may take any or all of the following actions without prior notice to Customer:

  • Remove, disable, or restrict access to the offending content;
  • Suspend or unpublish the Customer's Generated Website;
  • Suspend or restrict the Customer's access to the Services;
  • Terminate the Customer's Account and this Agreement.

Bistu is not required to provide advance warning, an opportunity to cure, or a detailed explanation before taking action under this section, though Bistu will make reasonable efforts to notify the Customer after taking action. The decision to remove content or take enforcement action is at Bistu's sole discretion and is not subject to appeal, though Customer may contact Bistu at contact@bistu.io to discuss the matter.

Customer acknowledges that, because Generated Websites are served under Bistu's domain, Bistu has a legitimate interest in ensuring that all content hosted on its platform meets the standards set out in this Agreement. Removal of content or suspension of a Generated Website under this section does not entitle Customer to any refund, credit, or compensation.

4.5 Reporting Violations. Any person may report content that they believe violates this Acceptable Use Policy by contacting Bistu at contact@bistu.io. Bistu will review reports in a timely manner but is not obligated to take action on every report.

4.6 General Enforcement. In addition to the content-specific remedies in Section 4.4, Bistu reserves the right to investigate suspected violations of this Acceptable Use Policy and to suspend or terminate access to the Services if, in its sole discretion, a violation has occurred. Bistu may cooperate with law enforcement authorities in connection with any suspected illegal activity.

5. Data Privacy and Usage

5.1 Customer Data Ownership. Customer retains all ownership rights in and to Customer Data. Bistu does not claim any ownership interest in Customer Data.

5.2 License to Customer Data. Customer grants Bistu a limited, non-exclusive, worldwide license to process, store, and transmit Customer Data solely as necessary to provide and improve the Services, comply with legal obligations, and as otherwise set out in this Agreement and our Privacy Policy.

5.3 Privacy Policy.Bistu's collection and use of personal information in connection with the Services is governed by our Privacy Policy, available at bistu.io/privacy, which is incorporated into this Agreement by reference.

5.4 Data Processing.To the extent that Customer Data includes personal data subject to applicable data protection laws (including GDPR or CCPA), the parties agree to enter into a Data Processing Agreement ("DPA"). Bistu's DPA is available upon request by contacting contact@bistu.io and, once executed, is incorporated into this Agreement by reference.

5.5 Third-Party Service Providers.Bistu uses third-party service providers (sub-processors) to help deliver, maintain, and improve the Services. These providers may process Customer Data or data from Website Visitors on Bistu's behalf. Bistu requires all sub-processors to maintain appropriate security measures and to process data only as necessary to perform services on Bistu's behalf. A current list of sub-processors is maintained in our Privacy Policy.

5.6 Data Security. Bistu implements and maintains commercially reasonable technical and organizational measures designed to protect Customer Data against unauthorized access, disclosure, alteration, or destruction. However, no security system is impenetrable, and Bistu cannot guarantee the absolute security of Customer Data.

5.7 Data Retention. Bistu will retain Customer Data for the duration of the Subscription Term and for a period of 30 days following termination, during which time Customer may request export of its data. After this period, Bistu may delete Customer Data in accordance with its data retention policies.

5.8 Anonymized Data. Bistu may use anonymized, aggregated, or de-identified data derived from the Services (which does not identify Customer or any individual) for product improvement, analytics, research, and benchmarking purposes.

5.9 Data Breach Notification. In the event of a confirmed security breach affecting Customer Data, Bistu will notify Customer without undue delay in accordance with applicable law.

5.10 Generated Website Hosting and Visitor Data. Customer's Generated Website is hosted on Bistu's infrastructure and served from a path under Bistu's primary domain. As a result, Bistu's infrastructure automatically collects server-level technical data from Website Visitors (including IP addresses, browser type, request timestamps, and access logs) as an inherent part of delivering the Generated Website. Bistu uses this data solely for infrastructure security, DDoS mitigation, and platform reliability purposes, and does not use it for advertising or share it with Customer. To the extent both Bistu and Customer receive or process personal data from Website Visitors, each party is responsible only for its own processing activities as described in their respective privacy documentation.

5.11 Generated Privacy Notice.As part of the Services, Bistu automatically generates and publishes a privacy notice on every Generated Website ("Generated Privacy Notice"). This notice is created using the business information Customer provides during registration and is updated automatically when Customer enables or disables third-party tools (such as analytics) on the Generated Website. Customer is responsible for ensuring that the business name, address, and contact information maintained in their Account is accurate, as this information will appear in the Generated Privacy Notice. Customer may not remove, disable, or materially alter the Generated Privacy Notice, as it contains disclosures that Bistu is required to make to Website Visitors of websites hosted on its infrastructure.

5.12 Cookie Consent. Bistu provides a cookie consent mechanism on Generated Websites that is displayed to first-time Website Visitors. While Bistu provides this mechanism as part of the Services, Customer is solely responsible for ensuring that the consent mechanism, together with any additional measures Customer may implement, satisfies the requirements of all applicable privacy and data protection laws in the jurisdictions where Customer operates or where its Website Visitors are located. Bistu does not guarantee that the default cookie consent mechanism complies with all applicable laws in every jurisdiction.

5.13 Customer Privacy Obligations for Generated Websites. Customer acknowledges that, as the operator of its Generated Website, it is the data controller for any personal data actively collected from Website Visitors (for example, through contact forms, booking widgets, or third-party analytics tools enabled by Customer). Customer is solely responsible for: (a) complying with all applicable privacy and data protection laws with respect to Website Visitors, including obtaining any required consents; (b) ensuring that the cookie consent mechanism on the Generated Website, whether provided by Bistu or supplemented by Customer, meets the requirements of applicable law before enabling any analytics or tracking tools; and (c) ensuring the Generated Privacy Notice accurately reflects Customer's actual data practices. Bistu does not provide legal advice and Customer is encouraged to seek independent counsel regarding its obligations as a website operator.

6. Intellectual Property

6.1 Bistu's Intellectual Property.The Services, including all software, content, features, interfaces, designs, trademarks, and technology underlying the Services, are owned exclusively by Bistu or its licensors and are protected by intellectual property laws. Nothing in this Agreement transfers any ownership of Bistu's intellectual property to Customer.

6.2 License to Use the Services.Subject to the terms of this Agreement and timely payment of all fees, Bistu grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for Customer's internal business purposes during the Subscription Term.

6.3 Feedback.If Customer provides feedback, suggestions, or ideas regarding the Services ("Feedback"), Customer grants Bistu a perpetual, irrevocable, royalty-free license to use and incorporate such Feedback into the Services or other products without any obligation or compensation to Customer.

7. Confidentiality

7.1 Obligations.Each party agrees to (a) keep the other party's Confidential Information confidential using at least the same degree of care it uses to protect its own confidential information (but no less than reasonable care), and (b) not use or disclose the other party's Confidential Information except as necessary to perform its obligations or exercise its rights under this Agreement.

7.2 Exceptions.Confidential Information does not include information that (a) is or becomes publicly available through no breach of this Agreement, (b) was known to the receiving party before disclosure, (c) is rightfully received from a third party without restriction, or (d) was independently developed without use of the other party's Confidential Information.

7.3 Compelled Disclosure.A party may disclose the other's Confidential Information if required by law or court order, provided it gives prompt advance written notice (where legally permitted) to allow the other party to seek a protective order.

8. Warranties and Disclaimers

8.1 Company Warranties. Bistu warrants that (a) it has the legal right and authority to enter into this Agreement and grant the rights described herein, and (b) the Services will perform materially in accordance with the documentation under normal use.

8.2 Customer Warranties.Customer warrants that (a) it has the legal right and authority to enter into this Agreement, (b) it has all necessary rights to submit Customer Data to the Services, (c) Customer Data does not violate any third-party rights or applicable laws, (d) all content published on its Generated Website complies with the Acceptable Use Policy set out in Section 4, including the Prohibited Content provisions in Section 4.2, and (e) Customer's operation of its Generated Website, including any data collection from Website Visitors, will comply with all applicable privacy and data protection laws, including ensuring that the cookie consent mechanism on the Generated Website (whether provided by Bistu or supplemented by Customer) meets the requirements of applicable law before enabling analytics or tracking tools.

8.3 Disclaimer.EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." BISTU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BISTU DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

9. Limitation of Liability

9.1 Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 Liability Cap.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BISTU'S TOTAL AGGREGATE LIABILITY TO CUSTOMER ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER TO BISTU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9.3 Exceptions.The limitations in Sections 9.1 and 9.2 do not apply to (a) Customer's payment obligations, (b) either party's indemnification obligations, (c) either party's breach of its confidentiality obligations, or (d) any liability that cannot be excluded or limited under applicable law.

10. Indemnification

10.1 By Customer.Customer agrees to indemnify, defend, and hold harmless Bistu and its officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to (a) Customer's or its Authorized Users' use of the Services in violation of this Agreement, (b) Customer Data, (c) Customer's violation of any applicable law or third-party rights, (d) Customer's operation of its Generated Website, including any content published thereon, (e) any content published on the Generated Website that violates the Acceptable Use Policy set out in Section 4, including any reputational harm to Bistu resulting from such content, or (f) Customer's failure to comply with applicable privacy or data protection laws with respect to Website Visitors, including any failure to ensure the cookie consent mechanism meets the requirements of applicable law or to maintain an accurate privacy notice on the Generated Website.

10.2 By Bistu.Bistu agrees to indemnify, defend, and hold harmless Customer from and against any third-party claims alleging that the Services, when used as permitted under this Agreement, infringe any third-party intellectual property rights, provided that Customer (a) promptly notifies Bistu of such claim, (b) grants Bistu sole control of the defense and settlement, and (c) provides reasonable assistance. If Bistu reasonably believes the Services may infringe a third party's rights, it may, at its option, modify the Services, obtain a license, or terminate the relevant portion of the Services and refund prepaid fees.

11. Term and Termination

11.1 Term. This Agreement commences on the date Customer first accepts it and continues until all Subscriptions have expired or been terminated.

11.2 Termination for Convenience. Either party may terminate this Agreement or a Subscription at any time for any reason in accordance with Section 3.8 (Cancellation).

11.3 Termination for Cause. Either party may terminate this Agreement immediately upon written notice if the other party (a) materially breaches this Agreement and fails to cure the breach within 30 days of receiving written notice, or (b) becomes insolvent, makes an assignment for the benefit of creditors, or is subject to bankruptcy, liquidation, or similar proceedings. Notwithstanding the foregoing, Bistu may terminate this Agreement immediately and without a cure period in the event of a violation of the Acceptable Use Policy (Section 4), including the Prohibited Content provisions in Section 4.2, in accordance with the remedies set out in Section 4.4.

11.4 Effect of Termination.Upon termination or expiration of this Agreement, Customer's right to access and use the Services will immediately cease. Each party will return or destroy the other party's Confidential Information. Sections that by their nature should survive will survive termination, including Sections 5, 6, 8, 9, 10, and 12.

12. General Provisions

12.1 Governing Law. This Agreement is governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts located in Dover, Delaware.

12.2 Dispute Resolution. Before initiating formal legal proceedings, the parties agree to attempt to resolve any dispute in good faith through negotiation for at least 30 days following written notice of the dispute.

12.3 Entire Agreement. This Agreement, together with any applicable order forms, the Privacy Policy, and the DPA (if executed), constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, representations, and understandings.

12.4 Amendments.Bistu may update this Agreement from time to time. We will provide at least 14 days' notice of material changes via email or in-app notification. Continued use of the Services after the effective date constitutes acceptance of the updated Agreement.

12.5 Waiver.Failure by either party to enforce any provision of this Agreement shall not constitute a waiver of that party's right to enforce it in the future.

12.6 Severability. If any provision of this Agreement is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

12.7 Assignment.Customer may not assign or transfer this Agreement or any rights hereunder without Bistu's prior written consent. Bistu may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets. Any purported assignment in violation of this section is void.

12.8 Force Majeure. Neither party will be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, government actions, internet outages, or pandemics.

12.9 Notices. All legal notices must be in writing and sent to the addresses provided in the Account or as updated by either party in writing. Notices sent to Customer may also be delivered via email to the address on file.

12.10 Relationship of the Parties. The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between the parties.

Contact Us

If you have any questions about these Terms and Conditions, please contact us at:

Giant Conglomerate, LLC d/b/a Bistu
1111B S Governors Ave # 94206
Dover, DE 19904 US
Email: contact@bistu.io
Website: bistu.io

These Terms and Conditions were last updated on [Date]. Please review them regularly for any changes.