Terms of Service

LaunchByte Ltd (“LaunchByte” or “we” or “us” or “our”) has updated terms that apply to the use of our website. For the purposes of these Terms of Use, the term “Website” shall refer to www.launchbyte.co.uk, which is operated by LaunchByte Ltd.

We provide the Website to you subject to these Terms of Use (“Terms”), which may be updated by us from time to time. By accessing and using the Website, you accept and agree to be bound by these Terms and by LaunchByte’s Privacy Policy. If you do not agree to these Terms, you should not access or use the Website. Additionally, when accessing the Website, you shall be subject to any posted guidelines or rules applicable to the Website, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms.

These Terms do not apply to your access to and use of the products and services that we market for subscription on our Website (our “Services”), which are governed by the applicable agreement between you and LaunchByte relating to your access to and use of such Services (“Service Agreement”). Should there be any conflict between these Terms and the Service Agreement, the Service Agreement shall prevail.

1. Modification of Terms:

We reserve the right to modify these Terms at any time, including adding or removing provisions. Changes will take effect immediately upon their posting on the Website. By continuing to use the Website after such changes are posted, you are indicating your acceptance of these modifications.

2. Website Updates and Changes:

At any time, we may alter or discontinue any feature, service, or aspect of the Website, including content, availability, and the requirements for access or use.

3. User Registration:

You may have the option to create a user account (“Your Account”) through an online registration form or by participating in interactive areas like forums, feedback forms, and other community features. This account may enable you to provide feedback, receive information from us or other users, and participate in various features of the Website. The information you provide during registration will be used according to our Privacy Policy. By registering, you affirm that your provided information is accurate, complete, and current. You commit to keeping your registration information up to date. Additionally, you are responsible for securing all necessary equipment, software, and connectivity for Website access and use, as well as for any related costs.

4. User Content Guidelines:

The following terms apply to content you submit:

4.1 Our Website may include feedback forms, comments sections, forums, or other interactive areas (“Interactive Areas”) where you can post or upload your feedback, user-generated content, comments, videos, photos, messages, and other materials or items (“User Content”). You are solely responsible for your use of these Interactive Areas, which you use at your own risk. These areas are intended for individuals aged 13 years or older. By submitting User Content to an Interactive Area, you confirm that you are at least 13 years old. If you are under 18, you confirm either that you are an emancipated minor or that you have obtained the legal consent of your parent or guardian to agree to these Terms, submit content, and participate on the Website.

4.2 When submitting User Content or participating in an Interactive Area on the Website, you agree not to upload, post, or transmit any User Content that:

• (a) Infringes upon the rights of others, including content that defames, harasses, stalks, or threatens others;

• (b) Is knowingly false, misleading, or inaccurate;

• (c) Contains expressions of bigotry, racism, offensive content, hate speech, abusiveness, vulgarity, or profanity;

• (d) Involves pornography, sexually explicit content, paedophilia, incest, bestiality, or is otherwise obscene or lewd;

• (e) Violates any law, promotes illegal activities, or instructs on performing dangerous or illegal acts;

• (f) Advocates violence or poses a reasonable threat to personal or public safety;

• (g) Contains violent or abusive images used exploitatively or gratuitously;

• (h) Is protected by copyright, trademark, trade secret, right of publicity, or other proprietary rights without express permission from the rights holder. You are responsible for ensuring that your User Content does not infringe on these rights and will be liable for any infringement or legal violations.

• (i) Is irrelevant to the designated topic or theme of the Interactive Area;

• (j) Includes unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any form of solicitation;

• (k) Uses the name or likeness of an identifiable person without their consent.

Violations of these guidelines may lead to the removal of your User Content, restrictions on your access to the Interactive Areas, or other corrective actions.

4.3 You agree not to imply, either directly or indirectly, that LaunchByte endorses any User Content you submit.

4.4 You commit not to upload, post, or transmit any User Content or other materials that include viruses or other harmful or disruptive components.

4.5 You agree not to use any service, technology, or automated system to artificially boost the page views of your User Content. This includes, but is not limited to, pay-per-click services, web “robots”, and any other technologies now or developed in the future. You also agree not to engage any third parties to use these services, technologies, or automated systems on your behalf.

4.6 You agree not to employ any technology, service, or automated system to post more User Content than what an individual could reasonably upload in a given time frame. Furthermore, you agree not to instruct any third party to use these services, technologies, or automated systems on your behalf.

4.7 Any behaviour that we, at our sole discretion, deem to be limiting or hindering the enjoyment of the Website by others will not be tolerated. We reserve the right, at our sole discretion, to remove or edit User Content submitted by you.

4.8 We are not responsible for the accuracy or reliability of any User Content, nor do we take responsibility or assume liability for any actions you may take as a result of reading User Content on the Website. Through your use of Interactive Areas, you may encounter content that could be offensive, objectionable, harmful, inaccurate, or misleading. You may also face risks dealing with minors, persons under false pretences, international trade issues, and foreign nationals. By using Interactive Areas, you accept all associated risks.

4.9 While we have the right, we are not obligated to monitor User Content posted or uploaded to our Website to ensure it complies with these Terms and any operational rules we establish, as well as to satisfy legal or regulatory requirements. Although we are not obliged to monitor, screen, edit, or remove any User Content, we reserve the right, at our absolute discretion, to screen, edit, refuse to post, or remove any User Content at any time and for any reason, without notice. You are solely responsible for creating backup copies of and replacing any User Content you post on the Website, at your own cost and expense. Our decision to monitor or modify User Content does not imply any responsibility or liability on our part for your use of Interactive Areas on the Website.

4.10 By submitting User Content to the Website, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and licence to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sublicence (through multiple tiers) and otherwise exploit such User Content (in whole or in part) in any form, media, or technology, whether now known or hereafter developed, without any payment to you or third parties. Furthermore, to the greatest extent permitted by applicable law, you waive your moral rights in the User Content and agree not to assert such rights against us. You represent and warrant that you have the full legal right, power, and authority to grant us the licence outlined here, that you own or control all necessary rights to the User Content you submit for the purposes of this licence, and that the use of User Content as authorised in this licence will not breach these Terms, infringe upon any rights, including privacy or publicity rights, or constitute libel or slander against, or violate any common law or any other right of, or cause harm to, any person or entity. You also grant us the right, though not the obligation, to legally pursue any person or entity that violates your or our rights in the User Content by breaching these Terms.

5. Copyright and Intellectual Property Policy:

At LaunchByte, we hold the intellectual property rights of others in high regard and expect the same from users of our Website. In accordance with UK copyright laws, we may, at our discretion and as part of our other remedies, terminate, discontinue, suspend, and/or restrict the account/profile or access to our services for users who infringe upon the intellectual property rights of others. Additionally, we may remove, delete, erase, or disable access to content that is deemed to be infringing.

If you believe that your content has been copied in a way that constitutes copyright infringement, or that our Website contains links or references to another site or service that hosts content infringing upon your copyright, you are encouraged to notify us. To do so, please provide a document via first-class mail or email, containing the following information:

• Identification of the Work: Clearly identify the copyrighted work you claim has been infringed, or, if multiple works are covered by a single notification, provide a representative list of those works.

• Location of the Infringing Material: Identify the material that you claim is infringing, which you request to be removed or access to which should be disabled. Provide information reasonably sufficient to permit us to locate the material, including, at a minimum, the URL of the link on the Website where such material may be found.

• Your Contact Information: Provide your full legal name, along with your mailing address, telephone number, and email address.

• Your Statement of Good Faith: Include a statement that you have a good faith belief that the use of the copyrighted material in the manner complained of is not authorised by the copyright owner, its agent, or the law, such as: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorised by the copyright owner, its agent, or the law.”

• Statement of Accuracy and Authority: Include a statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner, or authorised to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed, such as: “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorised to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

• Submit all completed items to LaunchByte’s Copyright Agent using the following details:

– Name: Copyright Agent

– Postal Address: 128 City Road, London, United Kingdom, EC1V 2NX

– Email Address: info@launchbyte.co.uk

LaunchByte’s copyright agent will only respond to communications related to copyright issues. For inquiries or communications regarding other matters, please contact us at legal@launchbyte.co.uk.

Important Notice Regarding Copyright Infringement Claims: Misrepresentations in a notice claiming that content or activity is infringing can expose you to liability for damages, including legal costs and fees. UK law requires careful consideration of copyright defences, limitations, or exceptions before issuing such a notice. Therefore, if you are uncertain whether the content hosted on our Services infringes your copyright, we advise consulting with a legal professional. Additionally, please verify that the content you are reporting is actually hosted on our Services before submitting your notice.

6. User Conduct Guidelines:

The following terms apply to your conduct when accessing or using our Website: (a) you agree not to interfere with or disrupt the Website, the servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website; (b) you agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any part of the Website, its use, or access; (c) you agree not to engage in any activity that would constitute a criminal offence or give rise to civil liability; (d) you agree not to impersonate any person or entity, including, but not limited to, a LaunchByte employee, affiliate, agent, or contractor, or falsely state or otherwise misrepresent your affiliation with any person or entity; and (e) you agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about Website users or posting private information about a third party.

7. Intellectual Property Rights:

All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software, and computer code (collectively, “Content”), including but not limited to the appearance, layout, design, structure, colour scheme, selection, combination, and arrangement of the Content present on the Website, is owned by or licenced to us. This Content is protected by copyright, trademark, trade dress, and various other intellectual property and unfair competition laws.

Except with our express written permission or as permitted by applicable laws, you may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works from, republish, or transmit the Website or Content (in whole or in part) in any way or through any medium for distribution, publication, or any commercial purpose.

You may display, copy, and download Content from the Website solely for your personal and non-commercial use provided that: (a) you do not remove any copyright or proprietary notices from the Content; (b) such Content is not copied or posted on any networked computer or published in any medium; and (c) no modifications are made to such Content.

8. Disclaimer of Warranty; Limitation of Liability:

(A) You acknowledge that your use of the Website is entirely at your own risk. LaunchByte, along with its employees, agents, third-party content providers, service providers, or licensors, do not warrant that the Website will be uninterrupted or error-free; nor do they make any warranty regarding the results that may be obtained from the use of the Website, or as to the accuracy, reliability, or content of any information, service, or merchandise provided through the Website.

(B) The Website is provided on an “as is” basis without any kind of warranty, either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, except those warranties which are not capable of exclusion, restriction, or modification under the laws applicable in the UK.

(C) To the fullest extent permitted by applicable UK law, LaunchByte, or its future parent or affiliated companies, will not be liable to you for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device failure or malfunction, or for any form of direct or indirect, special, incidental, consequential, exemplary, or punitive damages arising from any cause of action related to the use of the Website. This limitation of liability applies regardless of whether the claims are based in contract, tort (including negligence), strict liability, or otherwise, even if LaunchByte has been advised of the possibility of such damages.

(D) In the event of any issue with the Website or its content, your sole remedy is to stop using the Website. This limitation of liability is fundamental to the agreement between you and LaunchByte and the Website would not be provided without such limitations.

(E) This section does not affect your statutory rights as a consumer under UK law. Where UK law does not allow for the complete exclusion of liability, then our liability is limited to the maximum extent legally permissible.

9. Indemnification:

You agree to defend, indemnify, and hold harmless LaunchByte, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including legal fees, arising out of your use of the Website. LaunchByte reserves the right to assume the exclusive defence of any claim for which we are entitled to indemnification under this section. In such an event, you shall provide LaunchByte with the cooperation reasonably requested by us.

10. Termination:

We may terminate or suspend these Terms at any time without notice to you. We reserve the right to immediately terminate your access to the Website if, in our sole discretion, your conduct is considered unacceptable, or in the event of any breach by you of these Terms. The provisions of Sections 2, and 5-11 shall survive the termination of these Terms.

11. Governing Law:

Any disputes, claims, or controversies arising out of or in connection with your access to, or use of the Website, and/or the provision of content, services, and/or technology on or through the Website shall be governed by and construed exclusively in accordance with the laws of England and Wales. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts located in England for any disputes, claims, or controversies arising out of or relating to these Terms (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in these courts and agree not to plead or claim in any court in England that such litigation brought therein has been brought in an inconvenient forum. You waive the right to a jury trial.

Please report any violations of these Terms to legal@launchbyte.co.uk.

12. Miscellaneous:

These Terms, along with any operating rules for the Website established by LaunchByte, constitute the entire agreement between the parties regarding the subject matter herein and supersede all prior written or oral agreements between the parties regarding this subject matter. The provisions of these Terms are for the benefit of LaunchByte, its affiliates, and its third-party content providers and licensors, each of whom shall have the right to assert and enforce these provisions directly on their own behalf. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default. If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be amended to reflect the original intent in a valid and enforceable manner. The remaining enforceable sections of these Terms will continue to be binding on the parties. The section headings used herein are for convenience only and shall not have any legal effect.

This Disclaimer Applies Only to LaunchByte Customers on a Paid Subscription Plan:

In the course of delivering LaunchByte projects, we may utilise stock material covered under specific licences, as per agreement with you. It is important to note that LaunchByte is not authorised to transfer stock source files directly to you. The purchased licences permit LaunchByte to utilise or edit the stock content. If you wish to reuse a source file or apply it in a different manner, you must request LaunchByte to do so on your behalf to prevent potential violations of content licences. As our customer, you bear responsibility for the correct usage under the respective licences.

LaunchByte is not liable if your intended use for any project changes and the licence(s) and/or usage(s) arranged for you by LaunchByte become inadequate for your revised intended use of any project. You confirm and guarantee that you either own the intellectual property rights, or have obtained the appropriate licence(s) and/or usage rights, for any Third-Party Materials you provide to LaunchByte that are incorporated into any project.