Terms of Service Agreement

Please read this terms of service agreement (the "Agreement") carefully. The agreement prescribes the rights and obligations as regard to the acts of downloading, installing, using and duplicating Byte Notes between users (hereinafter also referred to as "You" and "Your") and Byte Notes (hereinafter referred to as "We", "Our", and "Us"). By downloading, installing or using Byte Notes and related services, You represent that:

  1. You have read, understand, and agree to be bound by the terms,
  2. You are of legal age to form a binding contract with Byte Notes, and
  3. You have the authority to enter into the terms personally or on behalf of the company You have named as the customer, and to bind that company to the terms.

You will be required to read and agree to the terms of the Agreement when You download or install Byte Notes. Please do read and understand all the rights and restrictions stipulated in the Agreement. You are not entitled to download, install or use Byte Notes and related services if You do not agree to all these provisions of this Agreement. Once You have installed, duplicated, downloaded, visited or used Byte Notes in any other ways, You will be considered having accepted this Agreement and consented to be bound by the said provisions. Please do not install, duplicate or use Byte Notes if You do not fully agree to the terms prescribed in the Agreement.

IF YOU SUBSCRIBE TO THE SERVICES FOR A TERM (THE "INITIAL TERM"), THEN THE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT Byte Notes'S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 6.3 BELOW.

Declaration of Rights

All intellectual property rights and related information of Byte Notes may include, but is not limited to, written expressions and their combinations, icons, graphic design, images, charts, color scheme, interface design, layout framework, relevant data, additional applications, printed materials, and electronic documents, all of which belong to Us and are protected by copyright laws, international copyright treaties, and other intellectual property protection laws and regulations.

Scope of the License

2.1 Downloading, installation, and usage:

You can download, install and use Byte Notes for unlimited times free of charge for non-commercial purposes only.

2.2 Duplication, distribution, and transmission:

You can duplicate, distribute and transmit Byte Notes non-commercially for unlimited times. It must, however, be conducted under the condition that each duplication, distribution, and transmission is complete and real, and is not modified, added or inserted with any code or information. This applies to Byte Notes, relevant electronic document copyrights, trademarks Byte Notes, and this Agreement.

Limitation of Rights

3.1 Reverse engineering, decompiling, and disassembling are prohibited:

You must not conduct reverse engineering, decompiling or disassembling on Byte Notes, and any alteration on the interior resources in the program file is also prohibited unless such acts are otherwise expressly allowed by laws and regulations.

3.2 Division of components:

Byte Notes is licensed as an integrated product. Its components must not be used separately for any purpose.

3.3 No bundling:

The duplication, distribution, and transmission of Byte Notes as regulated by this Agreement must not be tied or affixed to any other product or information that is not part of Byte Notes, unless otherwise authorized by Article 3.4.

3.4 Individual authorization:

Any sales, duplication, and distribution for commercial purposes of Byte Notes, including but is not limited to sales, pre-installation, and bundling, must be authorized and licensed by Us in written forms.

3.5 Reserved rights:

The rights that are not expressly authorized by this Agreement shall still remain within Us, and a written consent from Us is required if You intend to exercise such rights.

Terms of Use

4.1 Software Features

Byte Notes is developed based and designed to protect your privacy and personal files on Your mobile devices. To provide compatible upgrade versions and guarantee a normal usage of Our services, You will need to provide to us Your device model and client version number when requesting online upgrades. These data are used to verify the mobile device model and apps that have been installed on Your device, and contain no private information or personally identifiable information.

4.2 Subscription Terms & Conditions

4.2.1

You can use the core features of Byte Notes free of charge;

4.2.2

Some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

4.2.3

Billing cycle and price will be showed in App

4.2.4

After the subscription takes effect:

4.3 Scope of Your Usage of Byte Notes

4.3.1 Operating System:

Byte Notes only supports the operating system published on Our official website (i.e. Android OS, iOS) and specific phone models. Byte Notes automatically starts as the operating system activates to provide all features as designed and reduce response time. If You would like to renounce it for any reason after installation, You can delete Byte Notes by means supported by Android OS or iOS.

4.3.2 Hardware Requirements:

Byte Notes operates on terminal equipment for mobile communications (such as mobile phones and tablet computers).

4.4 Development and Technical Support of Byte Notes

Byte Notes is developed and technically supported by Us.

4.5 Modifications and Upgrades of Byte Notes

We reserve the right to modify or upgrade Byte Notes for You at any time. With Your permission, the upgrade of Byte Notes may cause data traffic fees charged by Your phone service provider.

4.6 Product Integration

In order to achieve more feature extensions, Byte Notes may integrate relevant products on the user interface for You to download, installation and use at Your discretion.

4.7 Restrictions on Your Rights

You are supposed to use Byte Notes in compliance with laws and the Agreement. You are not entitled to implement certain acts, which may include but are not limited to the following:

4.8 Downloading Byte Notes

For Byte Notes downloaded from any sites that are not designated by Us as well as any media that are not released by Us, We cannot guarantee that there are no infected virus, hidden disguised Trojan or hacker software in it. Using those versions may lead to unpredictable risks, and it is highly recommended that You do not download, install or use them. We are not liable for any legal responsibilities arising therefrom.

4.9 Program Error Log Reporting

Byte Notes may generate a brief error log when unexpected errors or breakdowns happen. The said log is the running information recorded by the system at the time of malfunction and only includes information about the error or breakdown of Byte Notes. It does not contain any of Your personal data. Following the cloud service options agreed by You, Byte Notes will report the error log to the server automatically in order to locate the error and the cause of the breakdown, hence improving the product quality. Subject to Your approval and operation, Byte Notes may also generate a more specific error report, which includes all of its data, log output, and system information. The detailed report will be saved in local storage of Your device. Byte Notes will ask You whether to report the error log and, only if with Your permission, upload the error log to the server.

Rights You Grant Us

Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the Settings you have selected.

For all content you submit to the Services, you grant us and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, cache, use, display, reproduce, modify, adapt, edit, publish, analyze, transmit, and distribute that content. This license is for the purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. This license includes a right for us to make your content available to, and pass these rights along to, service providers with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services.

Your content published in Byte Notes might to be recommended to other users as well as you can see other users' creation. To inspire creativity, you grant us, our affiliates, other users of the Services, and our business partners all of the same rights you grant in the previous paragraph, as well as an unrestricted, worldwide, royalty-free, irrevocable, and perpetual right and license to create derivative works from, promote, exhibit, broadcast, syndicate, reproduce, distribute, synchronize, overlay graphics and auditory effects on, publicly perform, and publicly display all or any portion of your Content in any form and in any and all distribution methods, now known or later developed, for commercial and non-commercial purposes. This means, among other things, that you might not be entitled to any compensation if your content is used by us, our affiliates, users of the Services, or our business partners. For information about how to tailor who can watch your content, please take a look at our Privacy Policy.

While we're not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.

We, our affiliates, and our third-party partners may place advertising on the Services, including personalized advertising based on the information you provide us, we collect, or we obtain about you. Advertising may sometimes appear near, between, over, or in your content.

We always love to hear from our users. But if you provide feedback or suggestions, just know that we can use them without compensating you, and without any restriction or obligation to you. You agree that we will own all rights in any materials or items we develop based on such feedback or suggestions.

6. Disclaimers and Limitations of Liability

As a user, You must be acquainted that liability can be incurred by the following facts, product updates due to scientific and technological progress, as well as different user habits and behaviors. We and Byte Notes do not make any guarantee in this Agreement and will not take any responsibility as regard to the following circumstances:

6.1 The possible defects of Byte Notes under this Agreement:

You are supposed to assume any risks caused by using functions of Byte Notes on Your own, including but not limited to direct or indirect damages.

6.2 The disputes between Your and any third party pertaining to software installation, bundling, and charging arising from Your reference to the scanning and checking results produced by Byte Notes:

Byte Notes is not designed for this purpose and You are not advised to apply Byte Notes in such manner.

6.3 Claims to You for losses or compensation by any third party arising from Your violation of the terms of the Agreement.

6.4 We do not guarantee to identify or correct all defects of Byte Notes, nor do we guarantee that Byte Notes can meet all the needs of You.

6.5 We do not bear any responsibility for the circumstances caused by technical obstacles, changes in laws or regulations, binding administrative acts, force majeure, etc.

7. Fees and Purchase Terms

7.1 Payment

You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Byte Notes collects payments through a limited number of payment services (“Payment Provider”). You may, from time to time, make payments to us or third parties as part of your use of Byte Notes (including for the provision of Byte Notes or provision of certain additional features within Byte Notes). We may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements, and any consequences of failing to make timely payments). You must comply with all such terms in relation to your payments to us. You agree that you are solely responsible for all fees and taxes associated with any such payments, and that pricing and availability of items and products are subject to change at any time.

SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS OR AS OTHERWISE SPECIFIED BY US FOR A PARTICULAR ITEM OR PRODUCT WITHIN Byte Notes, IN NO CIRCUMSTANCES WILL WE BE REQUIRED TO PROVIDE A REFUND FOR ANY PAYMENTS MADE BY YOU TO US IN RELATION TO ANY ITEMS OR PRODUCTS WITHIN Byte Notes (WHETHER USED OR UNUSED).

Also, you agree that:
(a) your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates); and
(b) we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

7.2 Service Subscription Fees

You will be responsible for payment of the applicable fee for any Services at the time you create your Account and select the term of your subscription. Except as set forth in the Terms, all fees for the Services are non-refundable. No contract will exist between you and Byte Notes for the Services until Byte Notes or the Payment Provider, for example Apple or Google, accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.

7.3 Automatic Renewal

Your subscription will continue indefinitely until terminated in accordance with the Terms. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Byte Notes's then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at least 24 hours prior to the Renewal Commencement Date by logging into and going to the “Manage App Subscriptions” page in the Apple App Store or the “My Apps” page in the Google Play Store app. The same page will permit you to change your Account settings if you do not wish your subscription to renew automatically or if you want to change or terminate your subscription. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Byte Notes to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Byte Notes does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that Byte Notes may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be re-activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).

7.4 Cancel of subscription

If you cancel a subscription, you will not receive a refund for the current billing period, but will continue to receive the subscription content for the remainder of the current billing period, regardless of the cancellation date. Your cancellation goes into effect after the current billing period has passed.

8. Respecting Others' Rights

We respect the rights of others. And so should you. You therefore may not use the Services or enable anyone else to use the Services in a manner that violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right. When you submit content to the Service, you agree and represent that you own that content or that you have received all necessary permissions, clearances, and authorizations in order to submit it to the Service and grant the rights and licenses contained in these Terms for your content. You also agree that you will not use or attempt to use another user's account except as permitted by us or our affiliates.

We honor copyright laws, including the Digital Millennium Copyright Act, and take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. If we become aware that a user has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user's account. If you believe that anything on the Services infringes a copyright that you own or control, please report it using the form accessible through this tool. Or you may file a notice to email: [email protected]. Don't use this email address for anything other than reporting copyright infringement, as such emails will be ignored. To report other forms of infringement on the Services, please use the tool accessible here. If you file a notice to us, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:

  1. contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  2. identify the copyrighted work claimed to have been infringed;
  3. identify 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 let us locate the material;
  4. provide your contact information, including your address, telephone number, and an email address;
  5. provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. provide 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 copyright owner.

9. Miscellaneous Provisions

9.1 The Agreement is the final, complete, and exclusive agreement upon Byte Notes related issues between You and Us.

9.2 In the event that any provision of this Agreement is totally or partially invalid or unenforceable for whatever reason, or it is in violation of any applicable law, then the specific provision is considered as being deleted. The remainders of the Agreement, however, shall remain valid and binding.

9.3 We have the right to modify the Agreement at any time according to the change of relevant laws and regulations, technological progress or technical route choice, as well as operational conditions and the adjustment of business strategy of the company, etc. The revised agreement will be published on the official website of Byte Notes, and accompany the new version of Byte Notes. The latest version of Agreement shall prevail when the dispute occurs. If You do not agree to the change of contents, please remove Byte Notes from Your device and stop using it. If You continue to use Byte Notes, it shall be interpreted that You have consented to the changes made to the Agreement.

9.4 The heading of each section of the Agreement serves only for a more convenient reading experience and may not be interpreted as the provisions of the Agreement.

9.5 We have the right to interpret and modify the Agreement to the fullest extent as permitted by law.