These Terms of Service (the “Terms”), along with our Privacy Policy, govern your use of all available TerraByte Services and Applications (collectively, “TerraByte Apps”). Please read them carefully before using TerraByte Apps.
In this document, we use “TerraByte Apps” to refer to all applications and services developed and published by TerraByte, including but not limited to “Per.Coach – Home Workout”, “TV Remote for all”, and other mobile applications available on the iOS App Store and Google Play Store. Our mission is to simplify users’ lives through innovative mobile applications.
By using TerraByte Apps, you agree to be bound by these Terms. If you do not agree to these Terms, do not use TerraByte Apps. If you are using TerraByte Apps on behalf of an organization (such as your employer), you are agreeing to these Terms for that organization, and are indicating that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will refer to that organization.
We may revise the Terms from time to time. Changes will be posted within our Apps or on our website (terrabyteio.com), so please check regularly.
Auto Renewing Subscriptions
Subscription Services
Certain TerraByte Apps on the Apple App Store and Google Play Store may allow you to obtain the benefit of the application on a subscription basis. Payment for such a subscription (which may be, for example, daily, weekly, monthly, or yearly) may be processed in the application, by third parties who act on our behalf, or directly by the mobile platform owner (e.g., Apple or Google). Free trial subscriptions may be cancelled at any point up to 24 hours before the expiry of the free trial (Apple) or at any time before the end of the trial period (Google). You can cancel a subscription service at any time during the subscription period via the subscription settings in your iTunes or Android account. The cancellation will take effect after the last day in the relevant subscription period. You can find further information on cancelling orders and any associated refunds on the website of the third-party reseller from whom you purchased the app (for example, the Apple App Store or the Google Play Store).
Trial Periods
Certain of our subscription services on the Apple App Store or Google Play Store may from time to time be offered for a fixed period of time on a free-trial basis. You are free to cancel a free-trial subscription at any time via the subscription setting in your iTunes or Android account.
Your Information and Responsibilities
- To use TerraByte Apps, you optionally can create an account, either via TerraByte Apps or through your account with a third-party service such as Google or Apple. In the latter case, your TerraByte account will be created using the information you provided to that service, such as your name and email address and other personal information that your privacy settings on that service permit us to access.
- You may use TerraByte Apps only if you are 13 years or older and are not barred from using TerraByte Apps under applicable law.
- You are responsible for safeguarding the password that you use to access TerraByte Apps. You are responsible for any activity on your account, whether or not you authorized that activity. You should immediately notify TerraByte of any unauthorized use of your account at contact@terrabyteio.com.
- By using TerraByte Apps, you provide us with text, graphics, images, and other information (“your content”). You retain full ownership of your content. TerraByte does not claim any ownership rights to your content. However, you are also solely responsible for your content. You indicate that you own or have the necessary rights to all of your content, and that use of your content does not infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
TerraByte Intellectual Property Rights
TerraByte and its licensors exclusively own TerraByte Apps, including all associated intellectual property rights. You acknowledge that TerraByte Apps are protected by copyright, trademark, and other laws of Vietnam, the United States, and other foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights or notices incorporated in or accompanying TerraByte Apps.
TerraByte grants you a limited, non-exclusive, non-transferable license to view, copy, and display TerraByte Apps solely in connection with your permitted use of TerraByte Apps.
General Prohibitions
You agree not to do—or attempt to do—any of the following:
- Probe, scan, or test the vulnerability of any TerraByte system or network or breach any security or authentication measures;
- Access, tamper with, or use non-public areas of TerraByte, TerraByte’s computer systems, or the technical delivery systems of TerraByte’s providers;
- Decipher, decompile, disassemble, or reverse engineer any of the software used to provide TerraByte Apps;
- Interfere with, or attempt to interfere with, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, or mail-bombing TerraByte;
- Access or search TerraByte Apps or download any intellectual property from TerraByte Apps through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than our publicly supported interfaces;
- Plant malware or use TerraByte Apps to distribute malware;
- Send any unsolicited communications, promotions, advertisements, or spam;
- Send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing”;
- Post or transmit anything that is fraudulent or misleading, or that infringes on others’ rights;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate the privacy of others;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the above.
Although we’re not obligated to monitor access to or use of TerraByte Apps or your content or to review or edit any of your content or the intellectual property of other TerraByte Apps users, we have the right to do so for the purpose of operating TerraByte Apps, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any of your content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of your content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects TerraByte Apps. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
DMCA/Copyright Policy
We respect copyright law and expect you to do the same. It’s our policy to terminate those accounts that repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe that a TerraByte App infringes your copyright, please contact TerraByte’s copyright agent at contact@terrabyteio.com.
Termination
We may suspend TerraByte Apps or terminate your access to and use of TerraByte Apps, at our sole discretion, at any time and without notice to you. For example, we may suspend or terminate your use if you are not complying with these Terms, or use TerraByte Apps in any way that would cause us legal liability or disrupt others’ use of TerraByte Apps. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. You may cancel your account at any time by sending an email to contact@terrabyteio.com.
Disclaimers
TerraByte Apps are provided “as is,” without any warranty of any kind, either express or implied. To the maximum extent permitted by applicable law, TerraByte disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
To the maximum extent permitted by applicable law, TerraByte and its suppliers and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use TerraByte Apps; (ii) any conduct or content of any third party on TerraByte Apps; (iii) any content obtained from TerraByte Apps; or (iv) unauthorized access, use, or alteration of your transmissions or content. In no event will TerraByte’s aggregate liability for all claims relating to TerraByte Apps exceed one hundred U.S. dollars (U.S. $100.00).
General Terms
These Terms constitute the entire and exclusive understanding and agreement between TerraByte and you regarding TerraByte Apps, and these Terms supersede and replace any and all prior oral or written understandings or agreements between TerraByte and you regarding TerraByte Apps. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without TerraByte’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. TerraByte may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by TerraByte under these Terms, including those regarding modifications to these Terms, will be given by posting to TerraByte Apps or through terrabyteio.com. For notices made by posting, the date of posting will be deemed the date on which such notice is transmitted.
Contact Information
If you have any questions about these Terms, please contact TerraByte at:
Email: contact@terrabyteio.com
Website: terrabyteio.com