By using The Service, you agree that the exclusions and limitations of liability set out in The Service disclaimer are reasonable. If you do not think they are reasonable, you must not use The Service.
Terms of Service
Last updated: April 28, 2017
Please read these Terms of Service carefully before using the www.ByDay.com website and the ByDay mobile application operated by ByDay, Inc.
The following terminology applies to these Terms of Service. “You” and “Your” refers to you, the person accessing the www.ByDay.com website and the ByDay mobile application. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “The Service” refers to the www.ByDay.com website and the ByDay mobile application. “The Terms”, “Terms”, and “Agreement” refer to this Terms Agreement in its entirety. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Introduction
These Terms govern your use of The Service; by using The Service, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use The Service.
You must be at least [18] years of age to use The Service. By using The Service [and by agreeing to these Terms] you warrant and represent that you are at least [18] years of age. Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of The Service.
License to use website
Unless otherwise stated, The Company and/or its licensors own the intellectual property rights in The Service and material on The Service. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from The Service for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.
You must not: republish material from The Service (including republication on another website); sell, rent or sub-license material from The Service; show any material from The Service in public; reproduce, duplicate, copy or otherwise exploit material on The Service for a commercial purpose except for content specifically and expressly made available for redistribution.
Acceptable use
You will not attempt to access The Service except through the provided interface. You must not use The Service in any way that causes, or may cause, damage to The Service or impairment of the availability or accessibility of The Service; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not attempt to reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code or create derivative works from the software contained on The Service.
You must not use The Service 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.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to The Service without The Company’s express written consent. You must not use The Service to transmit or send unsolicited commercial communications. You must not use The Service for any purposes related to marketing without The Company’s express written consent.
Restricted access
Access to certain areas of The Service is restricted. The Company reserves the right to restrict access to other areas of The Service, or indeed this entire website, at The Company’s discretion.
If The Company provides you with a user ID and password to enable you to access restricted areas of The Service or other content or services, you are solely responsible for maintaining and securing the confidentiality and safety of your account password. You agree not to share with, disclose to, or reveal your password to any third party. You, as user of The Service and its services, are solely responsible for any actions taken on The Service through the use of your password. No action may be performed by any third party using your password, unless it is an authorized The Company employee. If you know or suspect that your password has been stolen you must immediately notify The Company.
The Company may disable your user ID and password under The Company’s sole discretion without notice or explanation.
User content
In these Terms, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to The Service, for whatever purpose.
You grant to The Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to The Company the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content and/or job posting must not be illegal or unlawful, must not violate any third party’s copyright or intellectual property rights or infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or The Company or a third party (in each case under any applicable law).
Any user content or job posting which contains or is concerning the design or involvement of adult content or pornography are expressly prohibited. The solicitation and/or creation of acting, modeling, and/or talent search sites are also expressly prohibited.
You must not submit any user content to The Service that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
The Company reserves the right to edit or remove any material submitted to The Service, or stored on The Company servers, or hosted or published upon The Service.
Notwithstanding The Company rights under these Terms in relation to user content, The Company does not undertake to monitor the submission of such content to, or the publication of such content on, The Service.
The Company reserves the right to reject or modify any job posting in violation of these guidelines.
Pricing
There is no fee to use the core components of The Service, including Calendar, Tasks, and Notes. There is a fee to use any of The Service’s optional add-on Modules, including but not limited to the Service’s Meals module and any other modules The Service may add in the future. These modules are made available based on the terms outlined in the next Subscriptions section.
Subscriptions
Any current and future modules you subscribe to will that extend beyond the free trial period will be billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring monthly basis or annual basis, depending on the subscription option you selected. Currently the paid subscriptions portion of The Service is not yet in place so there are no paid subscriptions available within The Service.
Free Trials
The Service may offer its subscription services (modules) on a limited free trial basis. Currently ALL THE SERVICE’S MODULES are available free of charge until further notice. Once any service will no longer be offered free of charge, you will be notified and given the option to upgrade to a paid subscription which terms are outlined in the above Subscriptions section.
Product purchases
The Service offers the option of purchasing third party products from within the Service, including but not limited to custom greeting cards and gifts. All products purchased through The Service are subject to the limitations and warrantees expressed throughout these Terms. Prices for these products are currently as follows:
Greeting Cards:
Photo card: $4.95
Non-photo card: $3.95
Gifts:
Variable, depending on gift. Pricing of each gift appears alongside the gift within the ByDay mobile application during the selection and purchase process.
Refunds
Unless otherwise specified, once subscriptions are enabled to be paid, such subscription fees will be billed in advance for each month and are non-refundable. You agree that you may not be refunded or credited for partial months of service, or for periods in which your subscription continues to be active but you do not utilize services provided.
Refunds and exchanges will be permitted and handled directly with the third party provider that fulfills each order in accordance with their return and exchange policies.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. The Company makes no representations or warranties in relation to The Service or the information and materials provided on The Service.
Without prejudice to the generality of the foregoing paragraph, The Company does not warrant that The Service will be constantly available, or available at all; or the information on The Service is complete, true, accurate or non-misleading, including in relation to any inaccuracies or omissions in The Service. Nothing on The Service constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, medical or other professional matter, you should consult an appropriate professional.
Limitations of liability
In no event shall The Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) in relation to the contents of, use of, inability to use or otherwise in connection with, The Service : for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data, even if The Company has been notified of the possibility of such damage.
These limitations of liability apply even if The Company has been expressly advised of the potential loss.
Exclusions
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, The Company:
(a) Excludes all representations and warranties relating to The Service and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in The Service and/or the Company’s literature; and
(b) Excludes all liability for damages arising out of or in connection with your use of The Service. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised The Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
The Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.