TERMS OF SERVICE
PLEASE READ THE FOLLOWING TERMS OF SERVICE BEFORE USING
SIXBYTES.IO (COLLECTIVELY THE 'SITE') OR USING OUR MOBILE
APPLICATION (OUR 'APP'). BY UTILIZING OUR APP, OR ACCESSING ANY PAGE
ON OUR SITE, YOU AGREE TO BE BOUND BY THE CURRENT VERSION OF
OUR TERMS OF SERVICE AND PRIVACY POLICY.
1. General
Welcome to the website and App of Sixbytes ('we', ‘us'). Sixbytes provides a
motivational and empowering journal service and wellness audio content for Users who
register accounts through the Site, or who download and install our App (hereinafter
the Site and App may be collectively referred to as the 'Service').
2. Acceptance of the Terms of Use
We ask that you review and abide by these Terms and Conditions, our Privacy
Policy, and any other terms and conditions that may appear on the Site from time to
time. Your use of the Service constitutes your agreement to these Terms and
Conditions, and we reserve the right to revise these Terms and Conditions at any
time without notice to you. When we make revisions, we will post them on the Site
and they will be effective immediately upon posting. You agree to check this section
periodically to be aware of any changes to the Terms and Conditions. YOUR
CONTINUED USE OF THE SERVICES AFTER THE POSTING OF ANY REVISIONS
SHALL BE CONSIDERED YOUR AGREEMENT TO THE MODIFIED TERMS AND
CONDITIONS. If you do not agree to these Terms and Conditions, please do not use
the Service.
The Service is offered and available to users who are 13 years of age or older. By
using the Services, you represent and warrant that you are of legal age to form a
binding contract with Sixbytes and meet all of the foregoing eligibility requirements. If
you do not meet all of these requirements, you must not access or use the Service.
The Service and its Content are intended solely for personal and non-commercial
use by you. Any use of the Service or its Content other than for personal and non-
commercial purposes is strictly prohibited.
3. What We Own
Unless otherwise noted, all material and services available on the Site or through the
App, and all material and services provided by or through the Service, its affiliates,
subsidiaries, employees, agents, licensors or other commercial partners including,
but not limited to, software, all informational text, software documentation, design of
and 'look and feel,' layout, photographs, graphics, audio, video, messages, interactive
and instant messaging, design and functions, files, documents, images, or other
materials, whether publicly posted or privately transmitted as well as all derivative
works thereof (collectively, the 'Content') are the intellectual property of Sixbytes, our
licensors, and our contributors. The Content is protected by copyright, trademark,
trade-dress, and any other applicable national or international intellectual property
laws. All Sixbytes trademarks and service marks, logos, slogans and taglines are the
property of Sixbytes. All other trademarks, service marks, logos, slogans and taglines
are the property of their respective owners. Except as otherwise specifically provided
herein, nothing should be construed as granting any license or right to use any
trademarks, service marks, logos, slogans or taglines displayed on Sixbytes without
our express written permission, or the express written permission of such third-party
that may own the trademark, service mark, logo, slogan or tagline.
4. Our License to You
Subject to this Agreement, Sixbytes hereby grants you a limited, revocable, non-
transferable and non-exclusive license to use the Service through a user
identification reference provided by Sixbytes ('User ID') to the extent, and only to
the extent, necessary to access and use our Service in accordance with the terms of
this Agreement. This license does not permit you, and you agree not to: store, copy,
reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell,
distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble,
decipher or otherwise attempt to discover any programming code or any source code
used in or with the Service or otherwise distribute in any way the components of the
Service other than as specifically permitted in this Agreement.
You may not sell, assign, sublicense, grant a security interest in or otherwise attempt
to transfer any right in the Service, create derivative works based on or in any
manner commercially exploit the Service, in whole or in part, other than as expressly
permitted in this Agreement. Any use of the Service for any purpose other than as
specifically permitted herein or without our prior consent or the prior written consent
of our licensors, as applicable, is expressly prohibited. We reserve all rights not
expressly granted in this Agreement.
5. Use of the Service
We reserve the right to withdraw or amend this Site, our App, and any Service or
material we provide, including the text messaging and wellness audio content
services, in our sole discretion without notice. We will not be liable if, for any reason,
all or any part of the Site or Service is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Site, or our App, to
users, including registered users.
To access the Service, you may be asked to provide certain registration details or
other information, including a valid cellphone number, and to link an Apple Pay
account. It is a condition of your use of the Service that all the information you
provide on the Site to use the Service is correct, current and complete. You agree that
all information you provide to register with this Site or App, including but not limited to
through the use of any interactive features, is governed by our Privacy Policy, and
you consent to all actions we take with respect to your information consistent with
our Privacy Policy.
Purchasers of our Premium subscription will need to pay for a monthly or annual
subscription prior to unlocking Premium content. All sales are final, and we do not
offer refunds for our Premium subscription.
If you choose, or are provided with a username, password or any other piece of
information as part of our security procedures, you must treat such information as
confidential, and you must not disclose it to any other person or entity. You also
acknowledge that your account is personal to you and agree not to provide any
other person with access to the Service using your user name, password, cell phone
number, or other security information. You agree to notify us immediately of any
unauthorized access to or use of your username or password or any other breach of
security. You also agree to ensure that you exit from your account at the end of each
session. You should use particular caution when accessing your account from a
public or shared computer so that others are not able to view or record your
password or other personal information.
We have the right to disable any user name, cell phone number associated with an
account, password, or other identifier, whether chosen by you or provided by us, at
any time in our sole discretion for any or no reason, including if, in our opinion, you
have violated any provision of these Terms of Service or our Privacy Policy.
6. Reliance on the Information Sent
The information sent via Sixbytes’s Service, or presented on or through the Site or
our App, is made available solely for general information purposes. We do not
warrant the accuracy, completeness, usefulness, or safety of this information. Any
reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL
LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON
SUCH INFORMATION BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY
ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS OR THE
CONTENTS OF THE SERVICE.
7. Content You Provide to Us
You are legally responsible for all information, data, text, software, music, sound,
photographs, graphics, video, messages or other Content uploaded, posted or
stored in connection with your use of the Sixbytes Service. Sixbytes is not
responsible for your Content. You hereby grant Sixbytes a worldwide, royalty-free,
non-exclusive license to host and use the Content in order to provide you with the
Service, and hereby represent and warrant that you have all the rights necessary to
grant us such license. You are responsible for any Content that may be lost or
unrecoverable through your use of the Service. You are encouraged to archive your
Content regularly and frequently.
All information we collect on this Site, through our App, or through your use of the
Service is subject to our Privacy Policy. By using the Site, App, and Service, you
consent to all actions taken by us with respect to your information in compliance with
the Privacy Policy.
8. Image and Video
Sixbytes may send or display images, audio, and video (the 'Material') from time to
time. The types of Material Users are authorized to access on the Site includes
Material commissioned by Sixbytes, embedded Material, Material we believe to be
covered by the Fair Use Doctrine, Material from photographic archive and video
vendors, and Material supplied to our staff or released into the public domain by
public relations and marketing companies for press purposes.
9. Accuracy of Information
While we strive for accuracy, information on the site may sometimes contain errors or
inaccuracies. Sixbytes does not make any warranty as to the correctness or reliability
of the site's content or any text messages we send out to Users.
10. Email Correspondence
Emails sent to any @sixbytes.io email addresses are considered our property. You
can read more about this in our Privacy Policy.
11. Links
Our Site will occasionally contain links to, and quotation of, Material from other sites.
Sixbytes is responsible for neither the content nor the privacy practices of other sites.
We encourage our users to be aware when they leave Sixbytes’s Site, and to read the
privacy statements of any website that may collect personally identifiable information.
14. Information Security
No data transmission over the Internet can be guaranteed to be 100% safe. Thus, we
cannot warrant that your information will be absolutely secure. Sixbytes has a variety
of safeguards technical, administrative, and physical in place to help protect
against unauthorized access to, use, or disclosure of user information.
15. The Legal Stuff – Disclaimer and Limitation of
Liability
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, YOU
EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE, CONTENT, PRODUCTS
AND/OR SERVICE ON THE SITE OR ELSEWHERE ARE PROVIDED 'AS IS' AND ON
AN 'AS AVAILABLE' BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW AND
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS,
SIXBYTES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. R DOES NOT
REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR
THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE FROM VIRUSES OR
ANYTHING ELSE HARMFUL. FURTHER, EXCEPT AS EXPRESSLY SET FORTH IN
THESE TERMS AND CONDITIONS, SIXBYTES MAKES NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY, USEFULNESS,
RELIABILITY, OR COMPLETENESS OF THE SITE, TEXT MESSAGES, SERVICES,
CONTENT, THE CONTENT OF ANY THIRD-PARTY SITE LINKED TO OR FROM
THIS SITE, COMMENTS, INFORMATION, INFORMATION PROVIDED BY US OR
OUR VENDORS, OR ANY OTHER ITEMS OR MATERIALS ON THE SITE OR LINKED
TO FROM THE SITE.
SIXBYTES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (A) ANY,
ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS,
SERVICES,
INFORMATION, SITE AND MATERIALS SET FORTH ON OR MADE AVAILABLE
THROUGH THE SITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE
SITE, PRODUCTS, SERVICES OR ANY THIRD PARTY SITE(S), PRODUCTS OR
SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS
THAT HOST THE SITE OR ANY THIRD PARTY SITE(S) AND/OR ANY AND ALL
PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THIRD PARTY
SITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY
BE TRANSMITTED TO OR THROUGH THE SITE OR ANY THIRD PARTY SITE(S)
BY SIXBYTES OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS
IN THE NETWORK OR ANY CONTENT, INFORMATION AND MATERIALS
(INCLUDING BUT NOT LIMITED TO THIRD PARTY SITE(S)) OR FOR ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF
THE FOREGOING.
NO PERSON (INCLUDING ANY AGENT, DEALER OR REPRESENTATIVE OF
SIXBYTES) IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY
CONCERNING SIXBYTES'S SITE AND SERVICES, AND YOU ACKNOWLEDGE
AND AGREE THAT YOU HAVE NOT RELIED ON ANY OTHER WARRANTIES OR
REPRESENTATIONS.
IN NO EVENT SHALL SIXBYTES OR ITS SUBSIDIARIES, AFFILIATES, AGENTS,
SUPPLIERS, VENDORS, MANUFACTURERS OR DISTRIBUTORS BE LIABLE FOR
ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA, REVENUE OR PROFITS, BUSINESS INTERRUPTION,
OR LOSS OF BUSINESS OPPORTUNITY OR GOODWILL, ARISING FROM OR IN
CONNECTION WITH (A) THE USE OF, OR INABILITY TO USE, THE SITE; (B) THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, MATERIALS, CONTENT, OR
SOFTWARE AVAILABLE FROM, ON OR THROUGH THE SITE OR ANY THIRD-
PARTY WEBSITE(S); OR (C) THE CONDUCT OF OTHER USERS OF THE SITE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF SIXBYTES HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE
OF THE S IT E . YOUR S OL E REM E DY A G AIN S T SIXB YTE S FO R
DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE
WEBSITE. THAT SAID, IF SIXBYTES IS FOUND TO BE LIABLE TO YOU FOR ANY
DAMAGE OR LOSS ARISING OUT OF OR WHICH IS IN ANY WAY CONNECTED
WITH YOUR USE OF THE SITE, ANY CONTENT, OR PURCHASE OF ANY
PRODUCTS OR SERVICES ON OR THROUGH THE SITE, SIXBYTES'S LIABILITY
SHALL NOT EXCEED $100.00 IN THE AGGREGATE.
19. Arbitration
For any dispute you have with Sixbytes, you agree to first contact us at
info@sixbytes.io and attempt to resolve the dispute with us informally. If Sixbytes has
not been able to resolve the dispute with you informally, we each agree to resolve
any claim, dispute, or controversy (excluding claims for injunctive or other equitable
relief) arising out of or in connection with or relating to these Terms by binding
arbitration by the Danish Court of Copenhagen Rules and Supplementary
Procedures for Consumer Related Disputes then in effect for the AAA, except as
provided herein. Unless you and Sixbytes agree otherwise, the arbitration will be
conducted in the county where Sixbytes's headquarters are located. Each party will be
responsible for paying any filing, administrative and arbitrator fees in accordance with
Danish Court of Copenhagen rules.
20. Termination
These Terms of Service are effective unless and until terminated by either you or
Sixbytes. You may terminate these Terms of Service as they apply to you at any time by
ceasing to use the Site. Sixbytes may terminate these Terms of Service at any time
immediately and without notice, and accordingly deny you access to the Site, for any
reason in its sole discretion; however, the provisions in these Terms of Service that
relate to intellectual property, indemnification, disclaimer, limitation of liability, and
choice of law shall survive any termination of these Terms of Service.
21. Entire Agreement
These Terms of Service (together with our Privacy Policy, which is expressly
incorporated herein by reference and which can be accessed on this Site, and any
other terms that may appear on the Site from time-to-time) contain the entire
understanding and agreement between you and Sixbytes with respect to your use
and access of this Site, and supersede all prior agreements, terms, conditions and
understandings, both written and oral, with respect to such use and access of the
Site. No representation, statement or inducement, whether oral or written, not
contained in these Terms of Service (and any other terms that may appear on the
Site from time-to-time) or the Privacy Policy shall bind any party to this agreement. No
additional or different terms or conditions will be binding upon us unless expressly
agreed to in writing by an officer of Sixbytes. No other representative has any authority
to waive, alter, vary or add to these Terms of Service. Before using this Site please read
through all referenced documents carefully.
23. Severability
If any portion of these Terms of Service is held to be invalid or unenforceable, the
invalid or unenforceable portion shall be modified in accordance with the applicable
law with a provision that most closely reflects the intention of the original provision,
and the remainder of these Terms of Service shall remain in full force and effect. The
failure of Sixbytes to insist upon or enforce strict performance by you of any provision
of these Terms of Service shall not be construed as a waiver of any provision or right.
24. Changes to our Terms of Service
We may revise and update these Terms of Service from time to time at our sole
discretion. All changes are effective immediately when we post them, and apply to all
access to and use of the Site thereafter. However, any changes to the dispute
resolution provisions set forth in Governing Law and Jurisdiction and Arbitration
above will not apply to any disputes for which the parties have actual notice on or
prior to the date the change is posted on the Site.
Your continued use of the Website following the posting of revised Terms of Service
means that you accept and agree to the changes. You are expected to check this
page from time to time so you are aware of any changes, as they are binding on you.
25. Notice of Changes and Use of Terms of
Service
We may provide notice to you relating to the Site and/or these Terms of Service by
sending an email to your last known email address, and any such notice shall be
deemed given and received on the day it is sent. A printed version of these Terms of
Service and of any notice given to you in electronic form or otherwise shall be
admissible in judicial or administrative proceedings based upon or relating to these
Terms of Service to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form. You agree that any cause of action that you may desire to bring arising out of or
related to these Terms of Service and/or the Site must commence within one (1) year
after the cause of action arises.