LoveByte (collectively “we”, “us” or “LoveByte”) is a mobile service that helps couples communicate, document their lives and treasure their precious shared memories in a private, special space for only two. LoveByte is currently a free service and we thank you for using the service responsibly! We hope that you will enjoy LoveByte with your loved one!
TERMS OF SERVICE
The following terms and conditions govern all use of the LoveByte service (collectively the “Service”). The Service is offered subject to your acceptance without any modification of all of the terms and conditions contained herein, including the provisions calling for arbitration of disputes that may arise out of use of the Service, and all other operating rules, policies and procedures that may be published from time to time on this app by LoveByte (collectively, the “Terms”).
AGREEMENT TO BE BOUND
Please read the Terms carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to be bound by the Terms. LoveByte may amend the Terms from time to time and will provide notice of any substantive changes. Users shall be deemed to have granted valid and irrevocable consent to the amended Terms and Conditions or Separate Terms and Conditions by continuing to use the Service.
TEXT MESSAGING FEES
LoveByte does not charge a fee to use the Service, but any users, whether sending or receiving text messages with LoveByte, should be aware that standard text messaging rates may apply. Please be aware that texting charges can fluctuate internationally. Text messaging rates can normally be found by asking your provider.
LOVEBYTE ACCOUNTS AND USE OF SERVICE
If you create an account on LoveByte, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your partner. You must immediately notify us of any unauthorised uses of your account, or any other breaches of security. We will not be liable for any acts or omissions by any user, including any damages of any kind incurred as a result of such acts or omissions. Further, you agree that you will provide only truthful information in your user profile and will not falsify your personal particulars or spoof another individual’s personal particulars.
If you post material, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. By using the Service, you assume responsibility for your use of the Service and agree not to use it in ways not explicitly authorised by LoveByte. You represent and warrant that you own and control all of the rights to the Content that you share using the Service, or you otherwise have the right to post or share the Content on the Service; and represent and warrant that the use and posting of the Content you supply does not violate the Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for third parties.
Using the Service means that you will:
only send messages to a person who have expressly agreed to receive text messages from you, and LoveByte;
comply with all applicable laws and regulations; not infringe on the intellectual property or privacy of others; only share Content that is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; fully comply with any third-party licenses relating to the Content, and have completed all acts necessary to successfully pass through to end users any required terms; ensure that the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
ensure that the Content is not spam, is not machine- or randomly-generated, and does not contain commercial content; ensure that the Content is not being sent in connection with any unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); comply strictly with any carrier agreements and terms associated with your mobile device; and not attempt to disrupt the Service.
LICENSE TO SOFTWARE
We may make available software to enable use of the Service (the “Software”). If Software is made available to you through the Service, your use of the Software is subject to the terms of the end-user license agreement (if any) that accompanies the Software; or, if no end-user license accompanies the Software, then subject to the terms and conditions of this Agreement, you are granted only a limited, personal, non-exclusive, non-transferable license to install and use one copy of the Software on a single personal computer in accordance with its documentation (if any), solely to enable your use of the Service. This limited license does not include any right to modify, distribute, prepare derivative works of, or grant sublicenses to use the Software. Furthermore, in order to protect the trade secrets and proprietary know-how contained in the Software, you will not decompile, disassemble, or reverse engineer the Software.
Any Content transmitted by your partner is not representative of our opinions including our employees. Links may be transmitted in service, none of which are endorsed by or affiliated with us. Please use your discretion in following these links and keep in mind that all use is governed by the Terms.
When using Stickers which are subject to additional fees and periods of use, you shall abide by the appropriate conditions. Notwithstanding situations where phrases such as “Purchase”, “Sales,” and the like appear on the Service screens, LoveByte shall remain the holder of all intellectual property rights as well as all other rights in the Service offered to you, and such rights shall not be transferred to you. The Service shall not be used beyond the scope of the intended use (including but not limited to copying, transmission, reproduction, modification).
Stickers purchased cannot be refunded for any reason. However, this does not apply if required by applicable laws. If this occurs, the Company shall process refunds in accordance with the relevant laws.
You shall maintain the rights regarding your submitted Contents, and we shall not acquire any rights to such Contents. However, if the Contents submitted are visible, not just to your partner but to all the other LoveByte users, you shall grant us a world-wide, royalty-free, perpetual, fully sub-licenseable and non-exclusive license to reproduce, modify, adapt and publish the Content in connection with the Service for an indefinite period. Without limiting any of those representations or warranties, LoveByte has the right (though not the obligation) to, in its sole discretion (i) refuse or remove any content that, in LoveByte’s opinion, violates any LoveByte policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in LoveByte’s sole discretion. This may include modifying or stopping the Service in its entirety.
We respect the intellectual property of others. If you think material shared in a LoveByte community violates any of your copyrights, please contact LoveByte:
Send an email to firstname.lastname@example.org.
Include details of the infringement, including an identification of the copyrighted work(s) claimed to have been infringed, identification of the material that is claimed to be infringing, and information sufficient for us to locate the material.
Include a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
Include a statement that the above information is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
Provide your name and address.
We will reply to all such notices, including as required or appropriate by removing any infringing material or eliminating all links to the infringing material. Should a user repeatedly infringe on copyrights or other intellectual property, LoveByte will terminate that user’s access to LoveByte.
MODIFICATIONS TO AND TERMINATION OF THE SERVICE
LoveByte may periodically make updates to the Service. Disruptions to the Service are rare but may occur. LoveByte reserves the right to terminate the Service at its sole discretion. This may prevent you from accessing any Content made available through or on the Service. We apologise for any inconvenience caused.
TERMINATION OF ACCESS TO CONTENT AND SERVICE
We reserve the right to block access to any Content and to terminate your partner’s access to the Service at any time, with or without cause, with or without notice, effective immediately. Should you wish to terminate your use of the LoveByte service, simply tap ‘Delete Account’ button in Accounts Settings menu. Provisions of the Terms which on their face are intended to survive shall survive such termination. Your access to Content may be terminated.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SOFTWARE AND SERVICE IS AT YOUR SOLE RISK. THE SOFTWARE AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LOVEBYTE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. cLOVEBYTE DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE, AND YOU RELY ON THE SERVICE AT YOUR OWN RISK. ANY MATERIAL TRANSMITTED OR STORED THROUGH USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOVEBYTE OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY
NEITHER LOVEBYTE NOR OUR LICENSORS OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SOFTWARE OR SERVICE. UNDER NO CIRCUMSTANCES WILL LOVEBYTE’S OR OUR LICENSORS’ OR SUPPLIERS’ TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF THE TOTAL AMOUNT PAID BY YOU TO LOVEBYTE FOR THE SOFTWARE OR SERVICE OR SGD50. THE LIMITATIONS SET FORTH IN THIS AGREEMENT APPLY EVEN IF ANY LIMITED REMEDY UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.
You agree to indemnify and hold harmless LoveByte, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service and/or Software, including but not limited to your violation of the Terms, or your breach of any representation or warranty contained in these Terms.
We will not be liable to you for any delay or failure to perform any obligation under the Terms if the delay or failure is due to circumstances beyond our reasonable control.
These Terms constitute the entire agreement between LoveByte and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorised executive of LoveByte, or by the posting by LoveByte of a revised version. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing or otherwise be authorised. There are no third party beneficiaries to the Terms. Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
This Agreement, and all access to or use of the Service, shall be governed by the laws of the Republic of Singapore.