Terms & Conditions

Terms & Conditions

Terms and Conditions for bylocal App - English

Last updated: Apr 2nd, 2024

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the bylocal mobile application (the "App") operated by bylocal ("us", "we", or "our").

Your access to and use of the App is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users and others who access or use the App.

By accessing or using the App, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access or use the App.

1. License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the App on a personal, non-commercial basis.

2. Intellectual Property

All content, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) on the App are owned by us, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not use any of our intellectual property without our express written permission.

3. Marketplace Disclaimer

We are a marketplace and not responsible for transactions within the platform. Users are solely responsible for conducting their own due diligence and making informed decisions when interacting with other users or participating in transactions on the platform. We do not endorse or guarantee any content, products, or services provided by users and disclaim any liability for disputes or losses arising from transactions on the platform.

4. User-Generated Content

By submitting or posting any content to the App, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable (through multiple tiers) right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant us the right to use the name that you submit in connection with such content.

5. Prohibited Uses

You agree not to use the App:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• To transmit or procure the sending of any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
• To impersonate or attempt to impersonate us, any of our employees or representatives, another user, or any other person or entity.

6. Termination

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.

7. Disclaimer of Warranties

The App is provided on an "as is" and "as available" basis. We disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8. Limitation of Liability

In no event shall we, nor our directors, employees, agents, partners, or suppliers, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the App.

9. Indemnification

You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with your access to or use of the App or your violation of these Terms.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Miami-Dade County, Miami, Florida, without regard to its conflict of law provisions.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the App after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the App.

12. Privacy Policy

Your use of the App is also subject to our Privacy Policy. Please review our Privacy Policy, which also governs the App and informs users of our data collection practices.

13. Contact Us

If you have any questions about these Terms, please contact us at hello@bylocal.app or visit our website at www.bylocal.app

14. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us with respect to the App and supersede all prior agreements, understandings, and representations, both written and oral, with respect to the App.

16. No Waiver

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.