BYDE App - Terms of Service
1. Acceptance of Terms
Welcome to BYDE App! These Terms of Service ("Terms") govern your access to and use of the BYDE App website, mobile applications, and any related services provided by BYDE App (collectively, the "Service").
By accessing or using the Service, you signify your agreement to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.
2. Definitions
"Service" refers to the BYDE App website, mobile applications, and all associated services, features, and content.
"BYDE App", "we", "us", "our" refer to the business operating the BYDE App, based in Adelaide, South Australia.
"User", "you", "your" refer to any individual or entity accessing or using the Service.
"Content" refers to any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service.
3. User Accounts and Responsibilities
To use certain features of the Service, you may be required to register for an account. You agree to:
Provide accurate, current, and complete information during the registration process and keep your account information up-to-date.
Maintain the confidentiality of your account password and notify us immediately of any unauthorized use of your account.
Be solely responsible for all activities that occur under your account, whether or not you authorized them.
Ensure that your use of the Service complies with all applicable local, state, national, and international laws and regulations.
Be at least 18 years old or the age of legal majority in your jurisdiction to use the Service.
4. Prohibited Conduct
You agree not to do any of the following:
Use the Service for any unlawful purpose or for the promotion of illegal activities.
Post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances.
Access, tamper with, or use non-public areas of the Service, BYDE App's computer systems, or the technical delivery systems of BYDE App's providers.
Attempt to probe, scan, or test the vulnerability of any BYDE App system or network or breach any security or authentication measures.
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by BYDE App or any of BYDE App's providers or any other third party (including another user) to protect the Service.
Attempt to access or search the Service or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by BYDE App or other generally available third-party web browsers.
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation.
Use any meta tags or other hidden text or metadata utilizing a BYDE App trademark, logo URL or product name without BYDE App's express written consent.
Use the Service for any commercial purpose for the benefit of any third party or in any manner not permitted by these Terms.
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive or false source-identifying information.
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service.
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service.
Collect or store any personally identifiable information from the Service from other users of the Service without their express permission.
Impersonate or misrepresent your affiliation with any person or entity.
5. Intellectual Property Rights
The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by BYDE App, its licensors, or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal or internal business use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as generally and ordinarily permitted through the Service's functionality. The BYDE App name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of BYDE App or its affiliates or licensors. You must not use such marks without the prior written permission of BYDE App.
6. User-Generated Content
You retain any and all rights you hold in Content that you submit, post, or display on or through the Service. By making any Content available through the Service, you grant to BYDE App a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your Content in connection with operating and providing the Service and Content to you and to other Users.
You are solely responsible for all your Content. You represent and warrant that you own all your Content or you have all rights that are necessary to grant us the license rights in your Content under these Terms.
7. Disclaimers
THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, BYDE APP EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content on the Service.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER BYDE APP NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BYDE APP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL BYDE APP'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO BYDE APP FOR USE OF THE SERVICE OR ONE HUNDRED AUSTRALIAN DOLLARS ($100 AUD) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO BYDE APP, AS APPLICABLE.
9. Indemnification
You agree to indemnify, defend and hold harmless BYDE App, its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.
10. Termination
We may terminate your access to and use of the Service, at our sole discretion, at any time and without notice to you, including if you breach any of these Terms. You may cancel your account at any time by contacting us at admin@byde.app.
Upon any termination, discontinuation or cancellation of the Service or your account, the following Sections will survive: Section 5 (Intellectual Property Rights), Section 7 (Disclaimers), Section 8 (Limitation of Liability), Section 9 (Indemnification), Section 10 (Termination), Section 12 (Governing Law and Dispute Resolution), Section 13 (Severability), Section 14 (Entire Agreement), and Section 15 (Contact Information).
11. Changes to Terms
We may modify these Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Service or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Service after we have posted modified Terms on the Service, you are indicating that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may not use the Service anymore. We are not responsible for your failure to receive any notices regarding changes to these Terms.
12. Governing Law and Dispute Resolution
These Terms and any action related thereto will be governed by the laws of South Australia, Australia, without regard to its conflict of laws provisions. The exclusive jurisdiction for all disputes arising out of or relating to these Terms or the Service will be the courts located in Adelaide, South Australia, and you waive any objection to jurisdiction and venue in such courts.
13. Severability
If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck and the remaining provisions will remain in full force and effect.
14. Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between BYDE App and you regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between BYDE App and you regarding the Service.
15. Contact Information
If you have any questions about these Terms or the Service, please contact BYDE App at:
Email: admin@byde.app
Address: Adelaide, South Australia