Terms & Conditions

1. Who we are

BytesApp (the "Service") is operated by Bytescare Inc. ("Bytescare", "we", "us", or "our"), a Delaware corporation with its registered address at 16192 Coastal Highway, Lewes, DE 19958, USA. You can reach us at contact@bytescare.com.

2. Definitions

• "You" / "User" means the individual or organization that accesses or uses the Service. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization, and "you" refers to both.
• "Connected Account" means any third-party messaging account, number, or identity that you link to the Service.
• "Third-Party Platform" means any external service whose accounts you connect (for example, WhatsApp, operated by Meta Platforms, Inc.; or Telegram, operated by Telegram FZ-LLC), together with any future platforms we support.
• "Content" means messages, media, contacts, group data, and any other material that you send, receive, upload, or process through the Service.

3. Eligibility & accounts

You must be at least 18 years old and capable of forming a binding contract to use the Service. The Service uses passwordless, one-time-code sign-in. You are responsible for maintaining the confidentiality of your email inbox and any device used to access the Service, and for all activity that occurs under your account. Notify us promptly of any unauthorized access.

4. The Service

BytesApp is an operator console that lets you connect, view, and manage messaging accounts that you own or are authorized to operate, from a single multi-user dashboard. You connect each account using your own credentials (for example, by scanning a QR code or entering a pairing code from your own device). The Service relays and displays the Content of Connected Accounts so that you and the team members you authorize can operate those accounts, subject to the permissions you assign.

BytesApp is a tool. You — not Bytescare — are the operator and sender of all Content transmitted through your Connected Accounts. We do not originate, endorse, or take responsibility for the Content you choose to send or the audiences you choose to reach.

5. Your responsibilities

You represent, warrant, and agree, on an ongoing basis, that:

• You own, or are fully authorized to access and operate, every Connected Account and the underlying number, SIM, or identity you link to the Service;
• Your use of the Service, each Connected Account, and all Content complies with all applicable laws and regulations, including without limitation laws governing electronic communications, marketing, anti-spam, telemarketing, consumer protection, privacy, and data protection (for example, the U.S. TCPA and CAN-SPAM Act, the EU/UK GDPR and ePrivacy rules, and equivalent laws in your jurisdiction);
• You will comply with the terms of service, acceptable-use policies, developer policies, and all other rules of each Third-Party Platform you connect, as they exist from time to time;
• You have obtained all consents, opt-ins, and permissions required from recipients before contacting them, and you will honor opt-out and do-not-contact requests;
• You will not use the Service to send unsolicited bulk or automated messages ("spam"), or in any manner that is deceptive, harassing, or unlawful; and
• You are solely responsible for your Content, your recipients, your messaging practices, and the configuration and use of your Connected Accounts.

6. Acceptable Use Policy

You must not, and must not permit anyone else to, use the Service to:

• send spam, unsolicited bulk messaging, or messages to recipients who have not consented or who have opted out;
• transmit content that is unlawful, infringing, defamatory, obscene, fraudulent, deceptive, harassing, or that violates the rights of others;
• distribute malware, phishing, or other harmful code, or engage in any attempt to defraud or deceive recipients;
• impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• violate, circumvent, or interfere with the security, rate limits, or technical controls of any Third-Party Platform or of the Service;
• access or operate any account, number, or data that you are not authorized to access; or
• use the Service in any way that could subject Bytescare to liability or that violates any applicable law or any Third-Party Platform's terms.

We may, but are not obligated to, monitor for violations, and we may remove Content or suspend access for conduct we reasonably believe violates these Terms or applicable law.

7. Third-party platforms

The Service interoperates with Third-Party Platforms that are independently operated and outside our control. BytesApp is an independent product. It is not affiliated with, endorsed, sponsored by, or in any way officially connected to WhatsApp, Meta Platforms, Inc., Telegram, or any other Third-Party Platform. All third-party names, logos, and trademarks are the property of their respective owners and are used for identification only.

Third-Party Platforms may change, limit, suspend, or withdraw access, features, or interoperability at any time, without notice to us. We do not warrant the continued availability of any Third-Party Platform or of any feature that depends on it, and we may modify, suspend, or discontinue any such feature to comply with a platform's requirements or applicable law.

8. Assumption of risk

You acknowledge and agree that Third-Party Platforms may, at their sole discretion, rate-limit, restrict, suspend, ban, or terminate any Connected Account, number, or identity — including based on how you use it. You assume all such risk. Bytescare does not control and is not responsible for any action a Third-Party Platform takes against your accounts, and such actions do not constitute a failure of the Service or a basis for any claim against us.

9. API & fair use

If we issue you API keys, you are responsible for keeping them secret and for all activity under them. You must stay within any quotas, rate limits, and fair-use boundaries we set, and you must not use the API to overload, disrupt, or circumvent the Service or any Third-Party Platform.

10. Intellectual property

The Service, including its software, design, and content (excluding your Content), is owned by Bytescare and its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service in accordance with these Terms. You retain all rights to your Content; you grant us a limited license to host, process, and transmit your Content solely to provide and support the Service.

11. Suspension & termination

You may stop using the Service and disconnect or delete your Connected Accounts at any time. We may suspend or terminate your access, with or without notice, if we reasonably believe you have violated these Terms or applicable law, if required by a Third-Party Platform, or to protect the Service or other users. On termination, your right to use the Service ends, and we will handle your data as described in our Privacy Policy. Sections that by their nature should survive termination (including ownership, disclaimers, liability limits, and indemnities) will survive.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT IT WILL REMAIN COMPATIBLE WITH ANY THIRD-PARTY PLATFORM. ANY DELIVERY, READ STATUS, OR OUTCOME OF A MESSAGE DEPENDS ON THIRD PARTIES OUTSIDE OUR CONTROL.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BYTESCARE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, OR FOR ANY ACCOUNT SUSPENSION OR BAN BY A THIRD-PARTY PLATFORM, ARISING OUT OF OR RELATING TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD 100. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

14. Indemnification

You will defend, indemnify, and hold harmless Bytescare and its officers, directors, employees, and agents from and against any claims, demands, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or relating to: (a) your Content or your use of the Service; (b) your Connected Accounts and the manner in which you operate them; (c) your violation of these Terms, any applicable law, or any Third-Party Platform's terms; or (d) any claim by a recipient, third party, or Third-Party Platform relating to your messaging or conduct.

15. Governing law & disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. You agree to the exclusive jurisdiction of the state and federal courts located in Delaware for any dispute that is not subject to arbitration, and you waive any objection to venue there. Each party waives any right to a jury trial and to participate in a class action to the extent permitted by law.

16. Changes

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

17. General

These Terms, together with the Privacy Policy, are the entire agreement between you and Bytescare regarding the Service. If any provision is held unenforceable, the remaining provisions stay in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control.

18. Contact

Questions about these Terms? Contact Bytescare Inc., 16192 Coastal Highway, Lewes, DE 19958, USA, or email contact@bytescare.com.