BYBY Terms of Service

Effective Date: January 28, 2025

1. Introduction

These Terms of Service (“Terms”) govern your use of BYBY.ai (the “Site”) and any services available through the Site (collectively, the “Services”), operated by BYBY (“we,” “us,” or “our”). By accessing or using our Site or Services, you agree to be bound by these Terms. If you do not agree to any part of these Terms, you must not use our Services.

2. Changes to Terms

We may modify these Terms at any time by posting updated terms on the Site and notifying registered users via email.
Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.
If you do not agree to any modifications, you must stop using the Services.

3. Services Description

Overview: BYBY provides artificial intelligence-powered video advertisement creation services (“Assets”). Our AI systems help users generate digital content for advertising purposes.

Subscription Tiers: We offer both free and paid subscription options, each with varying feature sets. Current pricing information is available on our Site.

Appropriate Use: Our Services are intended for creating appropriate, family-friendly advertising content only. We strictly prohibit the creation of adult content, offensive material, harmful content, or any content in violation of our Prohibited Uses (see Section 5.3).

Platform-Specific Requirements: You are responsible for ensuring that the generated Ads or Assets comply with any third-party platform policies (e.g., Google Ads, Facebook Ads). We do not guarantee that any Assets will be approved by such platforms.

4. Account Registration

Eligibility: You must be at least 18 years old or have obtained parental/guardian consent to use our Services.
Account Creation: To use our Services, you must create an account by providing accurate and complete information.
Account Security: You are responsible for maintaining the security of your account credentials and for all activities that occur under your account.
Single Account: One person or entity may not create multiple accounts to abuse our free tier services.
User Responsibilities: You are solely responsible for the legality, reliability, and appropriateness of any content you create or upload.

5. Content and License Terms

5.1 License to Use Services

Subject to your compliance with these Terms, BYBY grants you a limited, non-exclusive, non-transferable license to access and use the Services in accordance with your chosen subscription tier.

5.2 Content Ownership

Your Rights: You own the original content of the Assets you create through our Services.
License to BYBY: By using our Services, you grant BYBY a non-exclusive, worldwide, royalty-free license to host, store, process, and display your content solely as necessary to provide the Services.
No Training Use: We do not use your Assets to train or improve our AI models, unless you expressly consent to such use.

5.3 Prohibited Uses

You may not use our Services to:

Generate content that violates any laws or regulations
Create misleading or deceptive advertisements
Infringe on intellectual property rights
Generate harmful, abusive, or discriminatory content
Create content that exploits or harms minors
Generate content that promotes violence or hate speech
Create any adult, pornographic, or sexually explicit content
Generate content featuring graphic violence or gore
Create content promoting self-harm or suicide
Generate content containing hate speech or discrimination
Create offensive, vulgar, or obscene content
Generate content promoting illegal drugs or regulated substances
Create content featuring excessive profanity
Generate content that harasses, bullies, or intimidates others
Create content that exploits tragic events or causes
Generate content promoting dangerous activities or challenges

6. Subscription and Payments

Subscription Plans: We offer free and paid subscriptions. You can find the current pricing details on our Site.

Automatic Renewal: Paid subscriptions renew automatically at the end of each billing cycle unless cancelled before the renewal date.

Fees and Refunds:

All fees are in U.S. dollars and are non-refundable except as required by applicable law.
We do not offer partial or pro-rated refunds for subscription cancellations unless required by law.

Pricing Changes: We may change our pricing for existing subscribers by providing 30 days' notice.

Cancellation: You can cancel your subscription at any time via your account settings or by contacting support@byby.ai. Cancellation will take effect at the end of your current billing cycle.

7. Intellectual Property and DMCA

Ownership: All rights, title, and interest in and to our Services (including our AI technology, software, and platform) remain exclusively with BYBY or its licensors.

Respect of IP Rights: We respect the intellectual property rights of others and require that users of our Services do the same.

DMCA Notice and Takedown Procedure: If you believe content on our Site infringes your copyright, please notify us in writing with the following information:

A physical or electronic signature of the copyright owner or authorized representative
Identification of the copyrighted work claimed to have been infringed
Identification of the infringing material and information to locate it
Your contact information (address, phone number, email)
A statement that you have a good-faith belief that the use is not authorized
A statement, under penalty of perjury, that the information is accurate

8. Privacy and Data Protection

Privacy Policy: Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your information.

Data Storage: We process and store data in the United States and other countries where we or our partners operate.

Compliance With Laws: We take reasonable measures to comply with relevant data protection laws where applicable.

9. Disclaimer of Warranties

Services Provided “As Is”: The Services and any generated Assets are provided on an “as is” and “as available” basis.

AI-Generated Content: You acknowledge that AI-generated content may not always be error-free, accurate, or fit for your specific use case.

No Performance Guarantee: BYBY does not guarantee any specific outcome, conversion, or performance related to the advertisement campaigns.

10. Limitations of Liability

Cap on Liability: To the maximum extent permitted by law, BYBY's total liability shall be limited to the greater of:

Fifty U.S. Dollars ($50), or
The amount you paid to BYBY in the six (6) months preceding the date the claim arose

Exclusion of Certain Damages: In no event will BYBY be liable for any indirect, incidental, special, consequential, or punitive damages.

11. Indemnification

You agree to defend, indemnify, and hold harmless BYBY from any claims arising out of:

Your misuse of the Services or the generated content
Your breach of these Terms or any applicable law
Your violation of any third-party right

12. Termination

Termination by You: You may terminate your account at any time by contacting support@byby.ai.

Termination by BYBY: We may suspend or terminate your account immediately for Terms violations.

Effect of Termination: BYBY reserves the right to delete or retain your data in accordance with our policies.

13. Governing Law and Jurisdiction

Governing Law: These Terms will be governed by the laws of the State of California.

Jurisdiction: Any disputes shall be resolved in the courts of San Francisco, California.

14. Platform Compliance

Third-Party Platforms: You must comply with respective advertising policies when using our Services.

No Guarantee of Approval: We do not guarantee that generated Assets will be approved by any platform.

15. General Provisions

Entire Agreement: These Terms and Privacy Policy constitute the entire agreement.
Severability: If any provision is unenforceable, the remaining provisions will remain in effect.
No Waiver: Our failure to enforce any right will not be considered a waiver.
Electronic Communications: You consent to receive electronic communications from us.
Assignment: You may not transfer these Terms without our prior written consent.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. According to CalOPPA we agree to the following:

Users can visit our site anonymously
Our Privacy Policy link includes the word 'Privacy', and can be easily be found on the page specified above.
Users will be notified of any privacy policy changes on our privacy policy page
Users are able to change their personal information by emailing, calling, or logging into their own account
We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
We acknowledge that we allow third party behavioral tracking

Contact Information

If you have any questions about these Terms or our Services, please contact us at: support@byby.ai

Need help? Contact our support team at support@byby.ai

Terms Privacy