USER GENERATED CONTENT

Please read carefully before you submit User Generated Content to the Byebye app and/or the Byebye.io website, as this will apply to your use of the app, and the User Generated Content you submit to it. By using the Byebye app and/or the Byebye.io website and submitting User Generated Content to the app and/or the Byebye.io website, you confirm that you accept the Terms of Use. If you do not agree to these terms and policies, you must not use the Byebye app and/or the Byebye.io website or submit UGC to (or via) it. 

1. Your UGC
   1. All content submitted to the Byebye app and/or the Byebye.io website (or on your behalf) via your User account (or other social media account, if applicable), including without limitation, your name, biographical information and all other names, usernames, pseudonyms, text, likenesses, graphics, logos, marks, images, photographs, code, and all other information and material shall be called your “UGC” for short.
   2. You agree to submit UGC to the app in accordance with the following rules (in particular, the Legal Standards and the Review Guidelines, as those terms are defined below). Please use caution and common sense when submitting UGC to the Website or via our App.
   3. Publication of your UGC will be at our sole discretion and we are entitled to make additions or deletions to your UGC prior to publication, after publication or to refuse publication.
   4. Please note, any UGC you submit will be considered non-confidential and non-proprietary.
2. Rights, permissions & waivers
   1. You hereby grant to Marius Pruna a non-exclusive, perpetual, irrevocable, transferable, royalty-free licence (including full rights to sub-license) to use, reproduce and publish your UGC (including, without limitation, the right to adapt, alter, amend or change your UGC) in any media or format (whether known now or invented in the future) throughout the world without restriction.
   2. You warrant, represent and undertake that all UGC you submit is your own work or that you have obtained all necessary rights and permissions of the relevant owner of the work and that you have all relevant rights in your UGC to enable you to grant the rights and permissions in this clause 2.
   3. Where your UGC contains images of people or names or identifies individuals, you warrant, represent and undertake to us as follows:
      1. that all featured or identified individuals that are over the age of 18 and have expressly consented to their appearance in the UGC and to you submitting the UGC to the app, and
      2. where featured or identified individuals are under the age of 18, that you either:
         1. are the parent or legal guardian or such featured or identified individuals, or
         2. have obtained the express consent from a parent or legal guardian of such featured or identified individuals to their appearance in the UGC and to you submitting the UGC.
   4. You hereby unconditionally and irrevocably waive and agree not to assert (or procure the same from any third party where applicable) any and all moral rights and any other similar rights and all right of publicity and privacy in any country in the world in connection with your UGC, to the maximum extent permissible by law.
3. Content standards – legal standards
   1. You warrant, represent and undertake to us that your UGC (including its use, publication and/or exploitation by us) shall not:
      1. infringe the copyrights or database rights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any other person or entity; and/or
      2. contain any material which is defamatory of any person; and/or
      3. contain misleading or deceptive statements or omissions or misrepresentation as to your identity (for example, by impersonating another person) or your affiliation with any person or entity; and/or
      4. breach any legal or fiduciary duty owed to a third party, such as a contractual duty or a duty of confidence; and/or
      5. advocate, promote, or assist discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; and/or
      6. contain any malicious code, such as viruses, worms, Trojan horses or other potentially harmful programmes, codes or material; and/or
      7. violate any other applicable law, statute, ordinance, rule or regulation,
         (together, or individually the “Legal Standards“).
   2. If your UGC contains any material that is not owned by or licensed to you and/or which is subject to third party rights, you are responsible for obtaining, prior to submission of your UGC, all releases, consents and/or licenses necessary to permit use and exploitation of your UGC by us without additional compensation. Please see clause 2 above for further details.
4. Content standards – review guidelines
   1. You warrant, represent and undertake to us that your UGC:
      1. is accurate, where it states facts; and/or
      2. is genuinely held, where it states opinions (for example, in product or services reviews).

Any UCG which is in breach of our Review Guidelines or is otherwise:

• is obscene, hateful, inflammatory, offensive or in any other way falls below commonly accepted standards of taste and decency; and/or
• is reasonably likely to harass, upset, embarrass or alarm a person (including, by way of example only, so called “trolling” or cyber-bullying); and/or
• is threatening, abusive or invades another’s privacy, or causes annoyance, inconvenience or anxiety; and/or
• is sexually explicit; and/or
• advocates, promotes, assists or depicts violence; and/or
• advocates, promotes or assists any illegal activity or unlawful act or omission; and/or
• could be deemed to be unsolicited or unauthorised advertising, promotional material, junk mail, or spam (including without limitation chain letters, pyramid schemes or other forms of solicitation or advertisements, commercial or otherwise); and/or
• gives the impression that it emanates from Treatwell or is endorsed or connected with us, if this is not the case,will be removed from the Site and the account might be disabled or deleted.

1. Consequences of breach
   1. We will determine, in our discretion, whether you have failed to comply with this UGC Policy when submitting UGC to the Byebye app and/or the Byebye.io website. If you have failed to comply, we reserve the right in our sole discretion to suspend you from using the website and/or our app without notice to you and/or to edit or remove (in whole or part) any of your UGC from our website and our app on a temporary or permanent basis.
   2. Notwithstanding clause 5.1 above, if you or your UGC does not comply with this UGC Policy, and as a result of this, we suffer any loss or damage, you will be liable to us and hereby agree to indemnify us for any such loss or damage. This means that you will be responsible for any loss or damage we suffer as a result of your failure to comply with this UGC Policy, including but not limited to our Legal Standards and/or Review Guidelines.
   3. We also reserve the right:
      1. to pass on any UGC that gives us concern to the relevant authorities; and
      2. to disclose your identity to any third party (or their professional advisor) who claims that any of your UGC constitutes a violation of their intellectual property rights, or of their right to privacy.
2. Changes to this UGC Policy
   1. We may change this UGC Policy from time to time, in which case an up to date version will be available via the Website and the apps. You should check this UGC Policy regularly to ensure that you are happy with any changes. You will be deemed to have accepted any changes to this UGC Policy after you have been notified of the changes on our Website or our Apps and/ or if you continue to access or use the Website or our Apps, where the updated UGC Policy will be available for you to view.

IN-APP PURCHASES – iOS

In case of opting for Byebye Premium, a subscription will be charged to your credit card through your iTunes account. This subscription will automatically renew unless cancelled at least 24 hours before the end of the current subscription period. You can cancel your current subscription anytime with your iTunes account settings.

To EU Users

Under the applicable General Data Protection Regulation (“GDPR”), you have certain rights with respect to your personal information collected by us for business purposes. Please note that this section applies only to people who live in EU. Your rights include:

1) The right to obtain certain information about our processing, including: the purposes of processing the data; the categories of personal data processed; the recipients who receive your personal data; how long we store your personal data;

2)The right to receive a copy of any personal data which we process about you, in a commonly used and machine-readable format;

3)The right to delete;

4)The right to restrict data processing of your personal data;

5)The right to object to the processing of your personal data;

6)The right to withdraw your consent you have granted to us;

7)The right to raise a complaint with the relevant data protection authority, if you think that any of your rights have been infringed by us;

8)The right not to be subject to automated decision-making in relation to your personal data. We can confirm that we do not use automated decision-making;

9)The right to be notified in the event of a personal data breach which is likely to result in a high risk to your rights.

OTHER CONSIDERATIONS

By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages or make derivative versions. The app itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it, still belong to Marius Pruna.

Marius Pruna is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.

The Byebye app stores and processes personal data that you have provided to us, in order to provide my Service. It’s your responsibility to keep your phone and access to the app secure. We, therefore, recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Byebye app won’t work properly or at all.

You should be aware that there are certain things that Marius Pruna will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider, but Marius Pruna cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.

Along the same lines, Marius Pruna cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Marius Pruna cannot accept responsibility.

With respect to Marius Pruna’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Marius Pruna accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.

At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Marius Pruna does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

Changes to This Terms of Use

I may update our Terms of Use from time to time. Thus, you are advised to review this page periodically for any changes. I will notify you of any changes by posting the new Terms of Use on this page. These changes are effective immediately after they are posted on this page.

Contact Us

If you have any questions or suggestions about the Terms of Use, do not hesitate to contact me at byebyedotio@gmail.com.