Bring Your Own Data™, LLC and/or TempProtect™, LLC (collectively referred to herein as “BYOD™”) permit You to use the application, website, and/or our services in connection with Your employer’s (e.g., restaurant, firm, coworking facility, etc.) and/or host’s (e.g., golf club, banquet center, restaurant, etc.) participation with the Software (Software refers to both the application and website and defined above), and subject to these Terms and any applicable rules applied by Apple Inc. (“App Store Rules”) and Google Inc. (“Play Store Rules”) with respect to the use of their App Store and Play Store, respectively located at https://www.apple.com/itunes (“App Store”) and https://play.google.com/store (“Play Store”).
As the user of the application, website, and/or our services, you (“You”) may only utilize the application, website, and/or services in accordance with these Terms.
- IMPORTANT NOTICES
1.1 By accessing the application and/or website, and use of our services, by any means, You accept and agree to these Terms. The Terms are entered into for the benefit of BYOD™ who may enforce the Terms against You. If You do not agree to these Terms, You are not permitted to use the application, website, and/or our services and You must immediately cease downloading, installing, accessing, browsing, or using the application.
1.2 If You are a customer of BYOD™, You may be subject to other agreements with BYOD™. These Terms apply to the use of the application, website, and/or our services and do not change or alter any other contract or agreement between You and BYOD™.
1.3 If You experience any technical issues with the application and/or website during use of our services, You may contact BYOD™ by sending an email to firstname.lastname@example.org.
1.4 If You would like to contact BYOD™ regarding these Terms, You may contact BYOD™ by sending an email to email@example.com.
1.5 In order to use the application and/or website, You must have a compatible device which meets the following minimum specifications:
- i) for use of the application with Apple devices, requires iOS 6.0 or later, and is compatible with iPhone and iPad;
- ii) for use of the application with Android devices, requires release version 4.4 or up;
iii) for use of the website, the website must be accessed via one of the following browsers: latest version of Google Chrome, Internet Explorer 11, Microsoft Edge, and latest version of Firefox.
Any compatible device to which You download the application and/or access the website will be known as a “Device” for the purposes of these Terms. You confirm that You either own the applicable Device or if not owned by You, You have obtained permission to install and use the application or access and use the website on such Device. You accept responsibility for any use of the application and/or website on or in relation to such Device, whether or not such Device is owned by You or such use was made by You.
1.6 In order to access the application and/or website and use our services, You must have an account with the Software. Your account will be associated with log-in information, including your username and password.
2.1 These Terms apply to the Software, including any updates or supplements thereto. BYOD™ reserves the right to amend these Terms at its sole discretion and at any time. The changes are effective upon posting. The date the Terms are updated is identified at the top of these Terms. You are responsible for periodically visiting the Terms via our application or website and checking for any changes. Your continued use of the application, website, and/or our services constitutes acceptance to these Terms and any updates of the same.
2.2 From time to time, updates to the application may be made available through the App Store and Play Store. Depending on the update, and whether You utilized the App Store or Play Store to download and access the application, You may not be able to use the application until You have installed the latest version.
2.3 You confirm that You are of legal age in Your country to form a binding contract and hereby agree to be bound by these Terms. If You are an employee or other representative of a business or other entity and You are using the application and/or website in Your representative capacity, then You hereby represent that You are authorized to use the application and/or website as a representative of the entity and agree to these Terms on behalf of such entity.
- THIRD PARTY CONTENT
4.1 The application and/or website may contain links to third-party websites, applications, or services (“Third-Party Sites”). Third-Party Sites are not under control of BYOD™, and You agree that BYOD™ is not responsible for and does not monitor their content or privacy policies (if any). BYOD™ is not responsible for any of the data collected by any such third-party. BYOD™ expressly disclaims any liability for loss or damage sustained by You as a result of accessing and use of Third-Party Sites.
- LICENSE RESTRICTIONS
(a) not to copy, reproduce, republish, reuse, upload, post, transmit or distribute any content presented in or provided by the application or website, including without limitation for public or commercial purposes, including any text, images, audio and video, except as permitted by the sharing functions of the application or website;
(b) not to rent, lease, sub-license, loan, distribute, time-share, or translate the application or website in any way;
(c) not to make alterations to, or modifications of, the whole or any part of the application or website, or permit the application or website or any part of either to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the application or website;
(e) not to sell, resell, or exploit the application or website in whole or in part (including object and source code), in any form to any person without prior written consent from us;
(f) not to remove any copyright, trademark or other proprietary rights notices from the application or website;
(g) that You represent and warrant that You are not located in a country that is subject to a U.S Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
- ADDITIONAL RESTRICTIONS
7.1 You agree:
(b) not to use the application or website to record, post or transmit any information that is defamatory, threatening, abusive, offensive, obscene, indecent, discriminatory or is otherwise objectionable or infringes on third party rights;
(c) not to use the application or website in a way that could damage, disable, overburden, impair or compromise systems or security of BYOD™ or interfere with other users, or restrict or inhibit any other users from using the application or website (including by hacking or defacing); and
(d) not to collect or harvest any information or data from the application, website, or other systems of BYOD™ or attempt to decipher any transmissions to or from the servers running the application or website, including, without limitation, by using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather content from the application or website or reproduce or circumvent the navigational structure or presentation of the application or website without our prior written consent.
Please report any suspicious activity or concerns to Byoungchan Jang at firstname.lastname@example.org
- INTELLECTUAL PROPERTY RIGHTS
8.1 You acknowledge that:
(i) all intellectual property rights in and to the Software belong to BYOD™ or its licensors,
(ii) the rights granted herein are licensed (not sold) to You, and
8.2 If You decide to share information with BYOD™ through the application or website’s email@example.com function, You agree and acknowledge that:
(i) all information supplied by You is either original to You, or You have the right to share it with BYOD™,
(ii) BYOD™ may utilize the information You supply, in whole or in part, in any manner in connection with the application or website,
(iii) any modifications or improvements made to the application or website or products or services of BYOD™ as a result of your feedback are owned and controlled solely by BYOD™,
(iv) You have no right, title or interest in or to the application or website as a result of sharing Your feedback.
8.3 All trademarks, trade dress, service marks, trade names, and logos are proprietary to BYOD™ or used by BYOD™ with the permission of its third-party providers. Nothing contained in the application or website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, trade dress, service mark, trade name, or logo displayed on this website without the written permission of BYOD™. Your use of the trademarks, trade dress, service marks, trade names, or logos displayed in the application, website, or any other content of the application or website, except as provided herein or in the EULA, is strictly prohibited. You acknowledge that You have no right to have access to the application or website in source code form.
8.4 Digital Millennium Copyright Act (“DMCA”) – Copyright Infringement Complaints: If You are a copyright owner or an agent thereof and believe that content of a user or other content infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit BYOD to locate the material;
(iv) information reasonably sufficient to permit BYOD™ to contact You, such as an address, telephone number, and, if available, an electronic mail address;
(v) a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement and other notices relating to content of users and/or violation of these Terms of (e.g., violations of criminal laws) is: firstname.lastname@example.org.
- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
- 1 YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED “AS IS”. YOU ARE SOLELY RESPONSIBLE FOR ALL RISKS ASSOCIATED WITH USE BY YOU OF THE SOFTWARE. BYOD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY) THAT MAY ARISE BY THIS AGREEMENT OR YOUR USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY (WHETHER ARISING FROM A STATUTE, OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING, OR USAGE OF TRADE). THESE WARRANTY DISCLAIMERS SHALL SURVIVE ANY TERMINATION OF THESE TERMS. BYOD MAKES NO WARRANTY OR OTHER GUARANTEE THAT USE OF THE APPLICATION OR WEBSITE WILL RESULT IN FINANCIAL BENEFITS. USER ACKNOWLEDGES THAT USE OF THE APPLICATION OR WEBSITE INVOLVES CERTAIN RISKS INCLUDING THE POTENTIAL FOR DATA OR OTHER FORM OF POTENTIAL ECONOMIC LOSSES.
9.2 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BYOD BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR LOST PROFITS, LOSS OF DATA, OR FOR ANY OTHER CLAIM, EXPENSE, LIABILITY OR LOSS OTHERWISE ARISING FROM YOUR USE OF THE APPLICATION OR WEBSITE. BYOD SHALL NOT BE RESPONSIBLE, AND YOU SHALL INDEMNIFY AND HOLD BYOD HARMLESS, FOR ANY AND ALL CLAIMS ARISING FROM ANY INJURY TO PERSON OR PROPERTY OCCASIONED BY YOUR USE OF THE APPLICATION OR WEBSITE.
9.2 BYOD™ makes no representation or warranty as to the completeness or accuracy of information or content provided in the application or website. Such information is also subject to change at any time without notice.
9.3 BYOD™ does not warrant that the functions contained in the application or website will be uninterrupted or error-free, that defects will be corrected or that the application or website is free of viruses or other harmful components. BYOD™ does not warrant or make any representations regarding the use or the results of the use of the application or website. You agree to conduct Your own due diligence to assess the accuracy, reliability and quality of all content provided by the application or website.
9.4 You (and not BYOD™) assume the entire cost of all necessary servicing, repair or correction in respect of your Device.
10.1 BYOD™ reserves the right, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the application or website without notice for any reason without liability to You, except where prohibited by applicable law.
10.2 In addition, You acknowledge that the application or website is provided over the Internet and mobile networks and so the quality and availability of the App may be affected by factors outside our reasonable control. Accordingly, BYOD™ does not accept any responsibility for any connectivity issues that You may experience when using the application or website.
10.3 You acknowledge and agree that You (and not BYOD™) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the application or website, and for paying any data charges that may be charged to You by Your network provider in connection with Your use of the application or website.
10.4 In the event You choose to share information from the application or website by utilizing SMS/text functionality, You acknowledge and agree that You (and not BYOD™) are responsible for paying any related fees that may be charged to You by Your network or telecommunications provider.
11.1 To the extent permitted by applicable law, You agree to indemnify BYOD™ for any claims, actions, demands, losses, liabilities, damages, costs and expenses (including legal expenses and other costs, such as attorneys’ fees) reasonably incurred by BYOD™ that arise out of Your use of the application or website in breach of these Terms.
11.2 BYOD™ reserves the right to assume the exclusive defense and control of any claim brought by a third-party in connection with Your use of the application or website and You agree to assist and cooperate with BYOD™ in relation to any such claim.
12.1 BYOD™ may discontinue, suspend, or modify the application or website at any time without notice.
12.2 BYOD™ may block, terminate, or suspend Your access to the application or website at any time without notice for any reason in its sole discretion, even if access continues to be allowed to others. Upon termination, You must cease use of the Software and remove the application from all applicable Devices.
12.3 Your employer and/or host may block, terminate, or suspend Your access to the application or website at any time without notice for any reason in its sole discretion, even if access is continued to be allowed to others. Upon termination, You must cease use of the Software and remove the application from all applicable Devices.
- EVENTS OUTSIDE OUR CONTROL
13.1 BYOD™ will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including any failure of public or private telecommunications networks.
- THIRD-PARTY BENEFICIARIES AND APP STORE / PLAY STORE
14.1 With respect to downloading the application, You agree to comply with the App Store Rules and Play Store Rules, as applicable. You acknowledge that the availability of the application may be dependent on the App Store or Play Store from which You receive the application. You acknowledge these Terms are between You and BYOD™ and not with the App Store or Play Store. The App Store and Play Store are not responsible for the application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You acknowledge that the App Store and Play Store (and their respective subsidiaries) are third party beneficiaries to these Terms and will have the right to enforce these Terms against You.
- LAW AND JURISDICTION
15.1 To the extent permitted by applicable law, these Terms are governed and construed by the laws of the state of Michigan, U.S.A. and You consent to the non-exclusive jurisdiction of the Michigan courts, and where applicable.
15.2 BYOD™ retains the rights to bring proceedings against You for breach of these Terms in Your country of residence or other relevant country.
- OTHER IMPORTANT TERMS
16.1 If BYOD™ reorganizes or sells all or a portion of our assets, undergo a merger, or are acquired by another entity, BYOD™ may transfer its rights and obligations under these Terms to another organization. If BYOD™ goes out of business or enter bankruptcy, rights and obligations of BYOD™ may be an asset transferred or acquired by a third-party. You acknowledge that such transfers may occur, and that the transferee may decline honoring commitments BYOD™ made in these Terms. You may not transfer Your rights or obligations under these Terms.
16.1 If BYOD™ fails to insist that You perform any of Your obligations under these Terms, or if BYOD™ does not enforce its rights against You, or if there is a delay in doing so, that will not mean that BYOD™ has waived its rights against You and will not mean that You do not have to comply with those obligations.
16.3 If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the rest of this Agreement shall continue in full force and effect.
16.4 No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither You nor BYOD™ has any authority of any kind to bind the other in any respect.