Terms & Conditions

Terms and conditions of use

Effective date June 29, 2018
  1. Introduction
    • 1.1

      These terms and conditions shall govern your use of our mobile application Byi Byi (hereinafter “Byi Byi”).

    • 1.2

      By using Byi Byi, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use Byi Byi.

    • 1.3

      If you register with Byi Byi, submit any material to Byi Byi or use any of Byi Byi services, we will ask you to expressly agree to these terms and conditions.

    • 1.4

      You represent and warrant that: (1) you are 18 years of age or older and are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, and (2) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.

  2. Services
    • 2.1

      Byi Byi connects users (individually, " User ," collectively, " Users ") seeking the app for text and video chat, remote support, and online support from tech Partners (individually, an “ Partner,” and collectively, " Partners").

    • 2.2

      No Responsibility, Endorsement or Guarantee for Partners; Estimates. Byi Byi does not deliver, and is not responsible for, any Partner’s advice, information, suggestions, recommendations or endorsements. The Partners are not employees, contractors or agents of Byi Byi, and Byi Byi is not an agent of any Partner. Byi Byi does not sponsor, endorse, recommend or approve any Partner who offers services through the Byi Byi. While we try to confirm that Partners meet certain requirements, we cannot and do not represent or warrant that any Partner is licensed, qualified, bonded, insured or capable of performing any service. Except as expressly provided, we do not make any guarantees, warranties or representations of any kind regarding any Partner, any advice or other information that the Partner provides or the products, services, suggestions or recommendations that the Partner provides, and we are not responsible for any action or inaction of any Partner. Reference to any products, services or other information by trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by us. When you work with the Partner, your rights will be governed by your contract with the Parner and by applicable federal, state and local laws.

  3. Licenses and Obligations
    • 3.1

      As a Partner, you agree that you will register as a Partner and solicit, accept and perform work only if you possess the qualifications, experience and skill necessary to complete such work, and you will complete such work with the degree of skill and care that is required by current good and sound professional procedures and practices in accordance with applicable industry standards. To the extent you hold yourself out as a Partner in certain professional services industries, you also agree that you have (and will continue to maintain) current valid licenses, authorizations, insurance and bonding required by all applicable authorities for any work you solicit, accept or perform.

    • 3.2

      Contractor Relationship; No Agency or Authority. It is important to note that in no event is any Partner deemed or considered to be an employee, agent or representative of Byi Byi. Each Partner`s relationship with Byi Byi is limited in scope and extent and authority to reflect that of an independent contractor relationship, and shall not should be construed to create a partnership, joint venture, or employer-employee relationship. In no event will Partner be eligible to participate in any of Byi Byi’s employee benefit plans or similar programs, such as group insurance, profit-sharing or pension benefits, and the exclusive consideration payable by any Partner will be the fees set forth in the standard terms applicable to such Partner. Each Partner will be solely responsible for all tax returns and payments required to be filed with or made to any government or local tax authority with respect to Partner’s performance of services and receipt of fees.

    • 3.3

      Taxes. You agree to be properly registered to collect sales, use, excise and other taxes, duties, and other governmental assessments in connection with your products or services (" Taxes "). You acknowledge and agree that you are responsible for collecting, withholding, remitting and reporting all applicable Taxes on the provision of your products or services to Users. You agree that you, and not Byi Byi, are solely responsible for all matters related to Taxes.

  4. Updated Information
    • 4.1

      You agree to immediately notify us if: (i) any information you have provided to Byi Byi, or any relevant information about you, has changed, (ii) a User has notified you that they have a complaint with you or any products or services provided by you, (iii) you have received notice of any complaint, investigation, fine or adverse action taken by a governmental authority with respect to your professional license or your products or services, or (iv) you have been notified of any termination, suspension, or lapse of any professional license, insurance or bonding.

  5. Information Regarding Users

    Byi Byi may provide you with personal information relating to individuals that are seeking products or services. You may not rent, sell or otherwise provide this information to others without such individual’s consent or except as required to provide your products or services to such individual. You may not use, or attempt to use, this information in a manner that would violate these Terms or for any purpose not intended by Byi Byi.

  6. Billing and Payment

    Users of Byi Byi Platform contract for Service directly with other Partners. Byi Byi will not be a party to any contracts for services. Payment for services through the platform is made directly from the User to the Partner via the PSP, and not by Byi Byi. Byi Byi is not obligated to pay Partner for User’s failure to pay for services.

  7. Copyright notice
    • 7.1

      Copyright (c) 2018 Byi Byi Inc.

    • 7.2

      Subject to the express provisions of these terms and conditions:

      1. We, together with our licensors, own and control all the copyright and other intellectual property rights in Byi Byi and the material on Byi Byi; and

      2. All the copyright and other intellectual property rights in Byi Byi and the material on Byi Byi are reserved.

  8. Licence to use Byi Byi
    • 8.1

      You may:

      1. View pages from Byi Byi;

      2. Download pages from Byi Byi;

      3. Print pages from Byi Byi;

      4. Subject to the other provisions of these terms and conditions.

    • 8.2

      Except as expressly permitted by Section 8.2 or the other provisions of these terms and conditions, you must not download any material from Byi Byi or save any such material to your computer.

    • 8.3

      You may only use Byi Byi for your own personal purpose, and you must not use Byi Byi for any other purposes.

    • 8.4

      Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on Byi Byi.

    • 8.5

      Unless you own or control the relevant rights in the material, you must not:

      1. Republish material from Byi Byi (including republication on another Byi Byi);

      2. Sell, rent or sub-license material from Byi Byi;

      3. Show any material from Byi Byi in public;

      4. Exploit material from Byi Byi for a commercial purpose; or

      5. Redistribute material from Byi Byi.

    • 8.6

      Notwithstanding Section 8.5, you may redistribute our newsletter in print and electronic form to any person.

    • 8.7

      We reserve the right to restrict access to areas of Byi Byi, or indeed our whole Byi Byi, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on Byi Byi.

  9. Acceptable use
    • 9.1

      You must not:

      1. Use Byi Byi in any way or take any action that causes, or may cause, damage to the Byi Byi or impairment of the performance, availability or accessibility of the Byi Byi;

      2. Use Byi Byi in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

      3. Use Byi Byi to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

      4. Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Byi Byi without our express written consent;

      5. Access or otherwise interact with Byi Byi using any robot, spider or other automated means, except for the purpose of search engine indexing;

      6. Violate the directives set out in the robots.txt file for Byi Byi; or

      7. Use data collected from Byi Byi for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

    • 9.2

      You must not use data collected from Byi Byi to contact individuals, companies or other persons or entities.

    • 9.3

      You must ensure that all the information you supply to us through Byi Byi, or in relation to Byi Byi, is true, accurate, current, complete and non-misleading.

  10. Registration and accounts
    • 10.1

      To be eligible for an account on Byi Byi under this Section 10, you must be resident or situated in the USA.

    • 10.2

      You may register for an account with Byi Byi by completing and submitting the account registration form on Byi Byi, and clicking on the verification link in the email that the Byi Byi will send to you.

    • 10.3

      You must not allow any other person to use your account to access the Byi Byi.

    • 10.4

      You must notify us in writing immediately if you become aware of any unauthorised use of your account.

    • 10.5

      You must not use any other person's account to access the Byi Byi, unless you have that person's express permission to do so.

  11. User login details
    • 11.1

      If you register for an account with Byi Byi, you will be asked to choose a user ID and password.

    • 11.2

      Your user ID must not be liable to mislead and must comply with the content rules set out in Section 11; you must not use your account or user ID for or in connection with the impersonation of any person.

    • 11.3

      You must keep your password confidential.

    • 11.4

      You must notify us in writing immediately if you become aware of any disclosure of your password.

    • 11.5

      You are responsible for any activity on Byi Byi arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

  12. Cancellation and suspension of account
    • 12.1

      We may:

      1. Suspend your account;

      2. Cancel your account; and/or

      3. Edit your account details, at any time in our sole discretion without notice or explanation.

    • 12.2

      You may cancel your account on Byi Byi using your account control panel on the Byi Byi.

  13. Your content: licence
    • 13.1

      In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or Byi Byi for storage or publication on, processing by, or transmission via, Byi Byi.

    • 13.2

      You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

    • 13.3

      You grant to us the right to sub-license the rights licensed under Section 13.2.

    • 13.4

      You grant to us the right to bring an action for infringement of the rights licensed under Section 13.2.

    • 13.5

      You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

    • 13.6

      You may edit your content to the extent permitted using the editing functionality made available on Byi Byi.

    • 13.7

      Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

  14. Your content: rules
    • 14.1

      You warrant and represent that your content will comply with these terms and conditions.

    • 14.2

      Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

    • 14.3

      Your content, and the use of your content by us in accordance with these terms and conditions, must not:

      1. Be libellous or maliciously false;

      2. Be obscene or indecent;

      3. Infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

      4. Infringe any right of confidence, right of privacy or right under data protection legislation;

      5. Constitute negligent advice or contain any negligent statement;

      6. Constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

      7. Be in contempt of any court, or in breach of any court order;

      8. Be in breach of racial or religious hatred or discrimination legislation;

      9. Be blasphemous;

      10. Be in breach of official secrets legislation;

      11. Be in breach of any contractual obligation owed to any person;

      12. Depict violence in an explicit, graphic or gratuitous manner;

      13. Be pornographic, lewd, suggestive or sexually explicit;

      14. Be untrue, false, inaccurate or misleading;

      15. Consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

      16. Constitute spam;

      17. Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

      18. Cause annoyance, inconvenience or needless anxiety to any person.

  15. Limited warranties
    • 15.1

      We do not warrant or represent:

      1. The completeness or accuracy of the information published on Byi Byi;

      2. That the material on the Byi Byi is up to date; or

      3. That the Byi Byi or any service on the Byi Byi will remain available.

    • 15.2

      We reserve the right to discontinue or alter any or all of Byi Byi services, and to stop publishing Byi Byi, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Byi Byi services, or if we stop publishing the Byi Byi.

    • 15.3

      To the maximum extent permitted by applicable law and subject to Section 16.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, Byi Byi and the use of Byi Byi.

  16. Limitations and exclusions of liability
    • 16.1

      Nothing in these terms and conditions will:

      1. Limit or exclude any liability for death or personal injury resulting from negligence;

      2. Limit or exclude any liability for fraud or fraudulent misrepresentation;

      3. Limit any liabilities in any way that is not permitted under applicable law; or

      4. Exclude any liabilities that may not be excluded under applicable law.

    • 16.2

      The limitations and exclusions of liability set out in this Section 16 and elsewhere in these terms and conditions:

      1. Are subject to Section 16.1; and

      2. Govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

    • 16.3

      To the extent that Byi Byi and the information and services on Byi Byi are provided free of charge, we will not be liable for any loss or damage of any nature.

    • 16.4

      We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

    • 16.5

      We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

    • 16.6

      We will not be liable to you in respect of any loss or corruption of any data, database or software.

    • 16.7

      We will not be liable to you in respect of any special, indirect or consequential loss or damage.

    • 16.8

      You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Byi Byi or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

    • 16.9

      Professional liability (Errors & Omissions Insurance). Coverage includes:

      1. Claims of negligence

      2. Awarded damages and legal defense costs

      3. Claims for libel and slander arising from the services

      4. $200,000 software copyright infringement coverage included for most businesses

      5. Unknown claims arising from previous work (back to an agreed date)

      6. Punitive damages up to $250,000 where allowed by law

    • 16.10

      Byi Byi general liability. Coverage includes:

      1. Injury to a third-party (not resulting from the services) and related medical bills

      2. Legal defense costs even if the lawsuit is groundless

      3. Liability resulting from damage to someone else's property

      4. Liability for loss of a client's electronic data (as a result of damage to equipment)

      5. Actions of temporary staff covered as standard

  17. Breaches of these terms and conditions
    • 17.1

      Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

      1. Send you one or more formal warnings;

      2. Temporarily suspend your access to Byi Byi;

      3. Permanently prohibit you from accessing Byi Byi;

      4. Block computers using your IP address from accessing Byi Byi;

      5. Contact any or all of your internet service providers and request that they block your access to Byi Byi;

      6. Commence legal action against you, whether for breach of contract or otherwise; and/or

      7. Suspend or delete your account on Byi Byi.

    • 17.2

      Where we suspend or prohibit or block your access to Byi Byi or a part of Byi Byi, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

  18. Variation
    • 18.1

      We may revise these terms and conditions from time to time.

    • 18.2

      The revised terms and conditions shall apply to the use of Byi Byi from the date of publication of the revised terms and conditions on the Byi Byi, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

    • 18.3

      If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the Byi Byi, and you must stop using the Byi Byi.

  19. Assignment
    • 19.1

      You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

    • 19.2

      You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

  20. Severability
    • 20.1

      If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

    • 20.2

      If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  21. Third party rights
    • 21.1

      A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

    • 21.2

      The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

  22. Entire agreement
    • 22.1

      Subject to Section 22.1, these terms and conditions, together with our privacy policy, shall constitute the entire agreement between you and us in relation to your use of Byi Byi and shall supersede all previous agreements between you and us in relation to your use of Byi Byi.

  23. Law and jurisdiction
    • 23.1

      These terms and conditions shall be governed by and construed in accordance with US laws.

    • 23.2

      Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Delaware.

  24. Our details
    • 24.1

      This Byi Byi is owned and operated by Byi Byi Inc.

    • 24.2

      We are registered in Delaware under registration number 6421331, and our registered office is at 427 N Tatnall St., #26252, Wilmington, DE 19801.

    • 24.3

      Our principal place of business is at 427 N Tatnall St., #26252, Wilmington, DE 19801.

    • 24.4

      You can contact us:

      1. By email, using support@byibyi.com