Terms and Conditions
These Terms of Service (“Agreement”) set forth the legal terms that govern the use of and access to the Digital Acuity Group Limited (“us”, “we” or “our”) website(s), desktop application(s) and mobile application(s) (collectively, our “Service”) and act as a legally binding agreement between us and our users (“you”, “your” or “user”).
Before accessing or using our Service, please read this Agreement carefully to understand your legal rights and obligations under this Agreement. If you do not consent to the terms of this Agreement, please do use our Service.
When our Service is active on your browser, you agree and acknowledge that we offer the following three different modes of blocking ads, tracker and malicious website for you to choose from:
a. Advanced - This mode blocks all ads, trackers and harmful websites. When you install ByeByeAds, the Advanced mode is enabled by default.
b. Stealth - When you enable the Stealth mode, we block trackers & harmful websites while allowing ads
c. Disabled - In this mode, all forms of blocking are disabled.
While the Advanced mode is enabled by default, our Service provides an option to switch between different modes, at any time from the settings tab of the extension.
3. Grant of License
Subject to your compliance with the terms of this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to make personal and non-commercial use of our Service.
4. Prohibited Conduct
Unless expressly authorized by us in writing, you may not duplicate, make changes to, adapt, sub-license, distribute, publish, display, transmit, sell, transfer, decompile, disassemble, reverse engineer, create derivative works of, frame, link or otherwise exploit our Service and/or its content and source code.
Additionally, you are prohibited from engaging in the following activities:
a. Using our Service for illegal or fraudulent activities
b. Using our Service for non-personal or commercial purposes
c. Violating or infringing any third-party rights including without limitation, intellectual property rights and privacy rights
d. Imitating the look and feel of our Service
e. Removing any proprietary notices displayed on our Service
f. Participating in activities that may harm our Service or an individual
g. Blocking or attempting to block other users’ access to or use of our Service
h. Impersonating another person or entity, or misrepresenting your affiliation with a person or entity when using our Service
i. Using our Service to distribute, store, transmit, upload or otherwise make available any files that may contain malicious software including without limitation, viruses, logic bombs trojans, worms, or other malicious or harmful technology and/or material
j. Gaining unauthorized access to our Service using bots or other automated technology including but not limited to robots, spiders, offline readers, crawlers, etc.
k. Interfering with or disrupting the network, server or the equipment that is used to provide our Service
l. Violating the terms of this Agreement
5. Free Trial
We may offer a free trial of our Service. We reserve the right to determine and modify the duration or availability of the free trial, in our sole and absolute discretion, without any notice. You agree and acknowledge that your eligibility for the free trial is contingent upon your acceptance of our aforementioned right.
6. Subscription Plans
To continue using the features of our Service after the 7 day free trial, you will have to subscribe to a premium plan of our Service. To become a subscriber, you may be required to provide certain personal information to us and make payments as per the subscription plan opted by you, through a debit card, credit card, prepaid wallet or other payment method accepted by you. We use a third party payment gateway to process and facilitate the payments related to your subscription plan. On successful registration as a subscriber, we will intimate you of the same. Please be informed that we may offer different kinds of subscription plans with different costs and each of them will be subject to different limitations and restrictions.
The number of devices on which you can use our Service depends on the subscription plan chosen by you. You agree and acknowledge that we, in our sole discretion, reserve the right to limit or restrict the number of devices on which a subscriber can use the Service.
Renewal: At the end of the your subscription cycle (e.g., annual basis or monthly basis), your subscription plan shall renew automatically, unless you manually cancel the subscription prior to its renewal. You can manage your subscription from the ‘Manage my Account’ tab within the extension.
Once you subscribe to our Services, we will automatically start billing you as per the payment method selected by you, for the applicable subscription plan chosen at the time of registration.
Subscribers can change the payment method from the ‘Manage My Account’ tab of the extension. If your selected payment method is no longer available or expires or your payment processing fails for whatsoever reason, you will be responsible and liable for any uncollected amounts and we reserve the right to terminate your access to the paid features of our Service.
The subscription plans are exclusive of taxes. You agree that you shall be responsible to pay any applicable taxes and third-party fees (including, but not limited to ISP charges, data plan charges, credit card fees, foreign exchange fees and foreign transaction fees) at the time of checkout.
You understand and agree that we use payment processing services offered by Paddle.com to accept and receive payments in connection with your chosen subscription plan. All such payments made by you shall be governed by the terms and conditions of Paddle.com. Paddle.com places certain restrictions on how they process refunds wherein, for card payments, transactions older than 120 days cannot be refunded. Additionally, where the payment method used was PayPal®, Paddle.com cannot refund these transactions once 179 days has elapsed. For any complaints related to processing of your payments or refund requests, please contact Paddle.com directly.
You are solely responsible for the accuracy and authenticity of the payment information provided by you, including the credit/debit card details, bank details and any other information as may be requested during the subscription process. You represent and warrant that you have the right to use any credit card or other payment methods used. You agree and acknowledge that we shall not be held responsible or liable for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in and/or unsuccessful processing of your payment.
Upon successful processing and receipt of your payment through payment processor, we will notify you about the receipt of such payment and share the license activation key with you on the designated email address provided at the time of registration.
We retain the right to suspend or terminate your access to the Services in the event that (1) you breach any of the terms set forth in this Agreement, (2) you breach any applicable laws or regulations, (3) we are unable to provide you with the Services due to a change in the legislation of the country you currently reside in, (4) we are unable to process a renewal or charge you for your subscription or (5) any other unforeseen circumstances occur that we are unable to adequately remedy.
At present, we offer refunds only to subscribers of our annual plan. Users who have subscribed to the annual plan can submit a request for a refund within 30 days of such subscription by emailing us at [email protected] from the designated email address provided at the time of registration. You agree and acknowledge that we will only process one refund request made by you and that any subscription to our Services post such a refund, shall not be eligible for a refund. We endeavor to process valid refund requests within 5 to 7 business days of receiving such requests.
Subscribers can cancel their subscription at any time by emailing us at [email protected] using the registered email address provided at the time of registration. All subscription cancellation requests will be processed within 5 to 7 business days from the receipt of such request. Please be informed that you will not be able to access the paid features of our Service immediately upon cancellation of your subscription. We will not be liable to process any refunds for the unused subscription period.
To know more about refunds, please refer to the Refunds section of this Agreement.
10. Product Updates
We reserve the right to define and modify the duration or availability of the free trial, in our sole and absolute discretion, without prior notice. We reserve the right to change, improve, pause or terminate the Service or any features or functions available through our Service, at any time, without providing any notice. You may be required to update the Service periodically. Alternatively, the Service may be automatically updated without notice. You acknowledge and agree that we are not obligated to make any updates, additional features or subsequent versions of our Service available to you.
11. Links to third party websites & services
Our Service may contain links to third-party websites and services. In some cases, we may receive revenue from some of the websites and services linked on our Service. Please be informed that these websites and services are not controlled or managed by us and we shall not be responsible for any practices employed by such third-party websites or services including but not limited to their information collecting and processing practices. We do not endorse any third-party websites or services linked on our Service. Further, we shall not be responsible for the content on such third-party websites or services. Your use of any third-party websites and services shall be subject to the policies of that respective third-party. This Agreement does not govern any third-party website or service linked to or from our Service. Please note that we shall not be held liable for any loss or damage suffered by you after you leave our Service to access a third-party website or service.
12. DISCLAIMER OF WARRANTIES
TO THE EXTENT PERMITTED BY LAW, WE OFFER OUR SERVICE ON “AS IS” AND “AS AVAILABLE” BASIS AND DO NOT MAKE REPRESENTATIONS OR GIVE WARRANTIES REGARDING OUR SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUALITY, ACCURACY, TIMELINESS AND COMPLETENESS OF OUR SERVICE. WHILE WE HAVE REASONABLE MEASURES IN PLACE TO PREVENT OUR SERVICE FROM ANY MALICIOUS SOFTWARES, TROJANS, WORMS, VIRUSES AND LOGIC BOMBS (COLLECTIVELY, “DESTRUCTIVE SOFTWARES”), WE DO NOT WARRANT THAT OUR SERVICE IS FREE OF SUCH DESTRUCTIVE SOFTWARES. WE CANNOT ENSURE THAT YOUR ACCESS TO OR USE OF OUR SERVICE WILL (A) MEET YOUR REQUIREMENTS; OR (B) BE UNINTERRUPTED, SECURED AND/OR ERROR-FREE, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED, OR (C) ANY CONTENT THAT YOU ACCESS AND/OR CHOOSE TO RELY ON THROUGH THE THIRD-PARTY LINKS ON OUR SERVICE SHALL MEET YOUR REQUIREMENTS OR SHALL NOT BE MISLEADING.
Please note that we cannot guarantee that the Services will be free of defects, bugs, errors, security vulnerabilities or other discrepancies, despite our best efforts to do so. In some instances, we may be unable to provide you with the Services due to technological, legal, mechanical, geographical or other constraints. We do not make any warranties that the Service will be provided to you without any errors or defects. We reserve the right to modify or terminate your access to the Services at our sole discretion.
13. LIMITATION OF LIABILITY
In no event will Digital Acuity Group Limited, its directors, employees, officers, successors, subsidiaries, attorneys, agents, contractors, suppliers, licensors, advertising partners and affiliates be liable for any direct, indirect or incidental losses or damages including without limitation, lost profits, goodwill, data and legal costs (including attorney fees) made by a third party or arising out of your use of or inability to use our Service or otherwise related to this Agreement without regards to whether we anticipated or were informed of the possibility of such damages and even if any such claim arises under or results from contract, tort, indemnity or strict liability.
You agree that the right to assume the defence and control of any matter that is subject to indemnification by you, shall exclusively vest with us and that you shall cooperate with us in the defence of such matters.
Intellectual Property: Our Service and its content, including without limitation, text, images, graphics, designs, information, software, applications as well as trade names, trademarks, service marks, trade dress, copyrights, logos, domain names, source code and/or any other form of intellectual property that relates to our Service, is owned by us or other third parties and is protected from any unauthorized use, copying and dissemination by applicable Intellectual Property laws. Your use of our Service does not give you the ownership rights, interests, title to our Service or any content contained therein.
14. DMCA POLICY AND NOTICE
As a copyright owner, an individual authorized to act on behalf of a copyright owner, or an individual authorized to act under any exclusive right, you can report any alleged copyright infringements, where you believe that any content on our Service has been copied in a way that constitutes copyright infringement. To report such infringements, please submit a DMCA Notice of alleged infringement and deliver it to our Designated Copyright Agent at [email protected].
Please ensure that your written DMCA Notice includes the following elements:
1. Your contact details such as your name, address, telephone number, and email address.
2. A description of the following:
(i) the copyrighted work that you believe is infringed; and
(ii) where the allegedly infringing copyrighted work appears on our Service
3. The following statements in the body of the Notice:
(i) "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
(ii) "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner of the copyright or have an exclusive right under the copyright that is allegedly infringed.”
4. Your signature whether electronic or physical.
Upon receiving the DMCA Notice as described above, we will take such action that we, in our sole discretion, deem appropriate, including removal of the disputed content from our Service.
a. Severability: If any term, provision or restriction of this Agreement is held unlawful or unenforceable by any law or court of competent authority, only that term, provision or restriction of the Agreement will be deemed severable and shall not affect the validity, legality and enforceability of the remaining provisions of the Agreement. In the event that the term, provision or restriction that is deemed severable is essential for the purpose of the Agreement, the entire Agreement shall be held void.
b. No Waiver: No failure, delay or negligence in exercising our rights under this Agreement shall be construed as a waiver of our rights for future enforcement; nor shall any single or partial exercise of our right preclude any other or future exercise thereof.
c. Governing Law & Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any legal action or proceeding with respect to this Agreement and the rights and obligations arising hereunder shall be brought in and determined exclusively by the Courts of New York.
d. Class Action Waiver: Except as otherwise required under applicable law, you agree that any dispute or claim arising out of or relating to this Agreement shall be brought against us only in your individual capacity and not as a representative or member in any class, representative or collective action.
e. Entire Agreement: This Agreement constitutes the entire agreement between you and Digital Acuity Group Limited with respect to the subject matter hereof and supersedes all prior agreements and understandings, both written and oral, between you and us with respect to the subject matter hereof.
f. Survival: All clauses that by their nature should survive post termination of the Agreement shall continue to exist, including but not limited to Sections 12, 13 and 15.
16. Modifications to the Agreement
We may, at our sole discretion, modify this Agreement from time to time. Please review this page periodically to stay updated about any modifications made to the terms of this Agreement. By continuing to use our Service after being notified about the modifications to the terms of this Agreement, you confirm your acceptance to the modified Agreement.
17. Contact information
If you have any questions regarding our Service, please reach us at:
Digital Acuity Group Limited
3rd Floor, J & C Building, P.O. Box 362,
Road Town, Tortola,
Virgin Islands (British), VG1110