Terms of service
Bye Bye Button - Terms and Conditions
These Terms and Conditions (“Terms”) create a binding agreement between you and Ejection Seat LLC, including its affiliates, officers, directors, employees, agents, contractors, licensors, service providers, and business partners (“Ejection Seat,” “we,” “us,” or “our”).
Please read these Terms carefully before using the Bye Bye Button device, mobile application, website, software, or related services collectively referred to as the “Service.”
The Bye Bye Button is a hardware and software solution designed to trigger a simulated phone call, text message, notification, or similar communication on a user's smartphone.
By purchasing, accessing, activating, or using the Bye Bye Button or Service, you agree to be bound by these Terms.
If you use the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
You represent that you are at least 13 years old and legally permitted to use the Service. If you are under the age of majority in your jurisdiction, you should use the Service only with the permission of a parent or legal guardian.
You may use the Service only in compliance with these Terms and all applicable laws.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE BYE BYE BUTTON OR SERVICE.
FEES AND REASONABLE USE
We currently do not charge a recurring fee for the Bye Bye Button's current features.
We reserve the right to introduce fees, usage limits, premium features, or other paid services in the future. If we introduce a charge for a feature that was previously provided without charge, we will provide reasonable advance notice through the App, email, website, or another appropriate method before the charge takes effect.
The Bye Bye Button is intended primarily for personal, non-commercial use and is subject to reasonable use limitations.
“Reasonable use” means normal use of the Bye Bye Button for its intended purpose and does not include excessive, continuous, repetitive, automated, abusive, fraudulent, or otherwise abnormal triggering of calls, texts, notifications, or other Service functions.
Examples of unreasonable use may include repeatedly or continuously pressing or triggering the Bye Bye Button in a manner substantially exceeding normal personal use, attempting to automate triggering of the Service, intentionally generating excessive telecommunications traffic, or otherwise using the Service in a manner that places an unreasonable burden on our systems or third-party service providers.
We reserve the right, in our reasonable discretion, to determine whether use is excessive, abusive, or inconsistent with normal use of the Service.
If we determine that a user is engaging in unreasonable use, we may limit, suspend, restrict, or terminate access to some or all features of the Service.
Users will not be charged merely because they use the Bye Bye Button frequently, provided their use remains consistent with normal personal use and does not constitute excessive or abusive use.
CHANGES TO THE SERVICE OR TERMS
We may modify, improve, discontinue, replace, or change portions of the Service from time to time.
We may also modify these Terms or any additional terms applicable to the Service.
If we make material changes to these Terms, we may provide notice through the App, email, website, or another appropriate method.
Your continued use of the Service after revised Terms become effective constitutes acceptance of the revised Terms.
If you do not agree to revised Terms, you must discontinue use of the Service.
ACCESS TO THE SERVICE
You are responsible for maintaining the confidentiality of your account credentials and passwords.
You may not knowingly allow unauthorized persons to access or use your account.
You are responsible for activity occurring through your account unless prohibited by applicable law.
If you believe your account or device has been compromised, accessed without authorization, or otherwise misused, you should notify us promptly.
We are not responsible for losses arising from unauthorized access caused by your failure to reasonably protect your account credentials or device.
If an account is provided or administered by an employer, organization, or other third party, that party may have the ability to manage, suspend, terminate, or access information associated with the account, subject to applicable law and our Privacy Policy.
ACCEPTABLE USE
You agree not to use the Bye Bye Button or Service:
-
For fraud, impersonation, harassment, stalking, threats, or unlawful activity.
-
To interfere with, disrupt, damage, overload, or impair the Service or associated telecommunications systems.
-
To attempt unauthorized access to the Service, other accounts, computer systems, networks, or data.
-
To reverse engineer, circumvent, disable, modify, or interfere with security or usage-control features except where expressly permitted by applicable law.
-
To intentionally generate excessive calls, texts, notifications, requests, or other traffic.
-
In any manner that violates applicable law or infringes the rights of another person.
We may restrict or terminate use of the Service for violations of this section.
CONSENT TO ELECTRONIC COMMUNICATIONS
By registering for or using the Service, you consent to receive electronic communications relating to your account and the Service.
These communications may include account notices, product notices, service alerts, legal notices, security notices, and other transactional communications.
Where permitted by law, we may also send promotional or marketing communications.
You may opt out of eligible promotional communications by following the unsubscribe or opt-out instructions contained in those communications.
Certain transactional, legal, security, and service-related communications are necessary for operation of the Service and may not be subject to opt-out.
PRODUCT PURCHASES AND PAYMENTS
Purchases of Bye Bye Button hardware or other products may be processed through us or through third-party marketplaces, retailers, payment processors, or service providers.
You represent that you are authorized to use any payment method submitted in connection with a purchase.
Product prices, shipping charges, taxes, and other applicable charges will be disclosed at the time of purchase.
Any future optional paid features or services will be subject to the pricing and payment terms disclosed before you purchase or activate those features.
We will not charge you a recurring subscription fee unless you affirmatively agree to a recurring paid service and are provided the applicable pricing and terms beforehand.
RETURN POLICY
We offer a 30-day return policy for defective Bye Bye Button products.
If you receive a defective Bye Bye Button device, you may request a replacement or refund within 30 days after purchase, subject to proof of purchase.
We may require the defective product to be returned to us before issuing a replacement or refund.
Unless otherwise required by applicable law or expressly stated in a separate written return policy, returns for reasons other than product defects are not accepted.
Products purchased through third-party marketplaces or retailers may also be subject to the return policies of those sellers.
THIRD-PARTY SERVICES AND MOBILE CARRIER CHARGES
Certain features of the Service may depend on third-party services, including mobile operating systems, wireless connectivity, cellular networks, internet service providers, cloud services, notification services, Voice over Internet Protocol providers, or SMS providers.
We do not control these third-party services and cannot guarantee their availability, performance, compatibility, or continued operation.
Your cellular carrier, internet provider, or other service provider may impose standard messaging, data, cellular, roaming, or other charges associated with your use of the Service.
You are responsible for any such third-party charges.
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BYE BYE BUTTON AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, RELIABILITY, AND UNINTERRUPTED OPERATION.
WE DO NOT GUARANTEE THAT THE BYE BYE BUTTON WILL FUNCTION AT ALL TIMES OR THAT A CALL, TEXT, NOTIFICATION, OR OTHER COMMUNICATION WILL BE GENERATED OR DELIVERED SUCCESSFULLY.
THE SERVICE MAY BE AFFECTED BY WIRELESS CONNECTIVITY, SMARTPHONE SETTINGS, OPERATING SYSTEM RESTRICTIONS, INTERNET CONNECTIVITY, MOBILE NETWORKS, CLOUD SERVER AVAILABILITY, THIRD-PARTY VOIP OR SMS PROVIDERS, OR OTHER CONDITIONS OUTSIDE OUR CONTROL.
THE BYE BYE BUTTON IS INTENDED FOR CONVENIENCE AND ENTERTAINMENT PURPOSES AND IS NOT AN EMERGENCY COMMUNICATION DEVICE.
DO NOT RELY ON THE BYE BYE BUTTON TO CONTACT POLICE, FIRE, EMERGENCY MEDICAL SERVICES, 911, OR OTHER EMERGENCY SERVICES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EJECTION SEAT LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE BYE BYE BUTTON OR SERVICE.
THIS INCLUDES, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE BYE BYE BUTTON, SERVICE, OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO EJECTION SEAT LLC FOR THE BYE BYE BUTTON PRODUCT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain limitations or exclusions of liability, so portions of this section may not apply to you.
NO EMERGENCY, SAFETY, OR SECURITY RELIANCE
The Bye Bye Button is not designed or intended to protect you from dangerous persons, criminal activity, medical emergencies, unsafe environments, or other emergency circumstances.
A simulated call, message, or notification may fail, may be delayed, or may not cause another person to react as expected.
You remain solely responsible for determining how to respond to any potentially unsafe, dangerous, or emergency situation.
When appropriate, contact 911 or other local emergency services directly.
INDEMNIFICATION
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Ejection Seat LLC and its affiliates, officers, directors, employees, agents, contractors, licensors, suppliers, and service providers from claims, damages, liabilities, losses, expenses, and reasonable attorneys' fees arising out of or relating to:
-
Your misuse of the Bye Bye Button or Service.
-
Your violation of these Terms.
-
Your violation of applicable law.
-
Your infringement or violation of another person's rights.
-
Your use of the Service for fraudulent, harassing, deceptive, threatening, or unlawful activity.
INTELLECTUAL PROPERTY
The Bye Bye Button name, trademarks, logos, software, firmware, designs, graphics, content, technology, documentation, and other intellectual property associated with the Bye Bye Button and Service are owned by or licensed to Ejection Seat LLC.
Except for the limited right to use the Service in accordance with these Terms, no rights or licenses in our intellectual property are transferred to you.
You may not copy, reproduce, distribute, sell, license, commercially exploit, reverse engineer, or create derivative works from our intellectual property except as expressly permitted by us or applicable law.
REGULATORY COMPLIANCE
The Bye Bye Button hardware is designed to operate using wireless communications technology and is subject to applicable Federal Communications Commission requirements and other applicable regulations.
You are responsible for using the Bye Bye Button and Service in compliance with applicable local, state, federal, and international laws.
Laws regarding simulated calls, communications, recordings, impersonation, harassment, telecommunications, and privacy may vary by jurisdiction.
TERMINATION OR SUSPENSION
We may suspend, limit, or terminate your access to the Service if we reasonably determine that:
-
You violated these Terms.
-
Your use creates a security, legal, regulatory, technical, or operational risk.
-
You are engaging in excessive or abusive use.
-
Your use could harm us, another user, or a third-party service provider.
-
Suspension or termination is required by law.
Upon termination, provisions that by their nature should survive termination will remain in effect, including provisions regarding intellectual property, warranty disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.
RELEASE REGARDING THIRD-PARTY DISPUTES
To the fullest extent permitted by applicable law, you release Ejection Seat LLC and its affiliates, officers, directors, employees, agents, contractors, suppliers, and service providers from claims or damages arising solely from disputes between you and another person or third party resulting from your use of the Bye Bye Button.
Nothing in this section limits liability that cannot legally be limited or waived.
GOVERNING LAW
These Terms are governed by the laws of the State of Montana, without regard to its conflict-of-law principles, except to the extent that applicable federal law controls.
DISPUTE RESOLUTION AND ARBITRATION
Except for claims that qualify for small claims court or claims for injunctive relief relating to intellectual property or unauthorized use of the Service, disputes arising out of or relating to these Terms, the Bye Bye Button, or the Service will be resolved through binding arbitration to the extent permitted by applicable law.
Arbitration will be administered by the American Arbitration Association under the rules applicable to the dispute.
Unless applicable law requires otherwise, arbitration will take place in Bozeman, Montana.
Each party waives the right to have covered disputes decided by a judge or jury to the extent permitted by law.
Nothing in this section prevents either party from seeking relief in a court of competent jurisdiction where arbitration is prohibited or unenforceable.
SEVERABILITY
If any provision of these Terms is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law or modified to reflect the parties' intent as closely as legally permissible.
The remaining provisions will remain in full force and effect.
NO WAIVER
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
ENTIRE AGREEMENT
These Terms, together with our Privacy Policy and any other policies or terms expressly incorporated by reference, constitute the entire agreement between you and Ejection Seat LLC concerning the Bye Bye Button and Service.
They supersede prior agreements, communications, or representations concerning the same subject matter.
These Terms do not create third-party beneficiary rights unless expressly stated otherwise.
CONTACT INFORMATION
Questions regarding these Terms may be directed to Ejection Seat LLC through the contact information provided on the Bye Bye Button website or within the Bye Bye Button App.
ACKNOWLEDGMENT
By purchasing, activating, accessing, or using the Bye Bye Button or Service, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.
