Vytes provides messaging, scheduling and other services to users around the world. These Terms of Service (“Terms”) govern your use of the Vytes services, including our website and mobile applications (the “Services”) and are entered into by you and send Vytes, Inc.
The Services enable you to send invitations and create unique groups with friends, teams, clubs, groups, and other individuals. Invitation recipients who have Vytes will receive a push notification, and recipients who do not will be sent the invite using a ten-digit telephone number. Users who receive the text message can also respond to the invitation by text, but cannot message the entire group by text. Only users who can go continue to receive messages.
When you use the Services, or contact us via email, text message, phone, chat or other communications via your mobile device or computer, you are communicating with us electronically. You agree to receive communications from us electronically, in any form including, without limitation, via email, text, messages on this site or any of our Apps, push notices or through any other electronic means.
Your Use of the Services
Vytes grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes only subject to your compliance with these Terms and our policies. You may not copy, modify, distribute, sell or lease any part of the Services. You may not reverse engineer or attempt to extract the source code of the Services. All rights not expressly granted to you under these Terms are reserved and retained by Vytes or its service providers, suppliers or other content providers.
If you are using the Services on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.
You must be at least 13 years old to use our Services (or such greater age required in your country to be authorized to use our Services without parental approval).
In order to use the Services, you may need to create a user account. You are responsible for all conduct and transactions that take place on or using your account and agree that you will take precautions to keep your password and other account information secure.
Vytes may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide Vytes with any feedback on, or comments relating to, the Services you grant Vytes the right to use such feedback or comments for any purpose without restriction or payment to you.
Vytes Messages and Consent
You are responsible for all carrier data plan, text message, and other fees and taxes associated with your use of our Services. Vytes does not charge a fee to use the Services, but any text messages sent and/or received are subject to standard text messaging rates and quotas. Ask your provider for messaging rates.
Vytes currently uses US-based numbers for each group created. Every text message sent to or received from a Vytes number will count as an international text message sent to or received from the United States. Please check with your provider for the associated international ratIf you are using Vytes internationally. Vytes may not be available in all countries.
Vytes makes it easy to send invites to individual / groups, and create groups to easily share invites and make plans. EACH USER REPRESENTS AND WARRANTS THAT EACH PERSON ADDED TO AN INVITE OR GROUP HAS CONSENTED TO BE ADDED AND RECEIVE INVITATIONS FROM YOU AND ADMINISTRATIVE MESSAGES FROM VYTES.
As part of the Services, Vytes may send reminders or administrative messages to members of the group. For example, upon adding a new member to a group, such new member will receive a welcome message and instructions for installing Vytes. Vytes may send other administrative messages as well. BY SENDING AN INVITATION VIA VYTES, YOU REPRESENT AND WARRANT THAT EACH PERSON YOU ADD HAS CONSENTED TO RECEIVE TEXT MESSAGES FROM VYTES.
Users will stop receiving text messages once they have installed Vytes or enabled push notifications, OR reply STOP to any invitation or group invite. The Services can be resumed by texting START to any such invites.
Third-party Products and Content
To the fullest extent permitted by applicable law, Vytes does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services.
Any Content transmitted by users or groups within Vytes is not representative of our opinions including our employees. Content may be transmitted in groups, none of which are endorsed by or affiliated with us.
Restrictions on Use of the Services
You are responsible for all text, graphics, links, data, articles, photos, and other content contributed to the Services and any harm resulting from that content. You may not use the Services in any manner harmful to Vytes or other users:
(a) Infringes on the intellectual property rights of Vytes or the rights of anyone else;
(b) Violates any law or regulation;
(c) Is harmful, pornographic, libelous, defamatory, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) Jeopardizes the security of any computer network, or the Vytes account of you or any other users (such as allowing someone else to log in to the Services as you);
(e) Attempts to crack any passwords, security encryption, or other security measures
(f) Runs any form of auto-responder or “spam” on the Services, including attempting to message people you do not know
(f) Attempt to install any viruses, worms, malware, Trojan horses or other harmful events
Any violation is grounds for termination of your right to use or access the Services.
Services Provided As-Is
Except as otherwise set forth herein, the Services are provided “as is” and “as available.” To the maximum extent permitted by applicable law, Vytes disclaims all representations and warranties, express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, Vytes makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services or products requested through the use of the Services, or that the Services will be uninterrupted or error-free. You agree that, as between you and Vytes, the entire risk arising out of your use of the Services remains solely with you.
You agree to defend, indemnify and hold harmless Vytes and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall Vytes, its affiliates, and each of its and their respective officers, directors, employees, agents, shareholders, licensors, and suppliers, be liable to you for any incidental, special, punitive, consequential, or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the services, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the services, or these terms, however arising including negligence, even if Vytes or its agents or representatives know or have been advised of the possibility of such damages.
To the fullest extent permitted by applicable law, Vytes’s entire aggregate liability under these terms, or in connection with your use of the services and/or products, shall not exceed an amount equal to the greater of (a) $100, or (b) the amount paid by you to Vytes during the 12 months immediately preceding the claim which gives rise to the liability.
Disputes & Arbitration
If you have a dispute with Vytes arising out of your use of the Services you agree to contact us first and attempt to work out any such dispute amicably. If we can’t work out a solution amicably, both you and Vytes agree to resolve any disputes arising out of your use of the Services or these Terms through binding arbitration or, where the claim qualifies, small claims court. The Federal Arbitration Act and federal arbitration law apply to these Terms.
The arbitration will be conducted by the American Arbitration Association (the “AAA”) under its rules, including the Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also each agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.
Vytes does not accept service of subpoenas via email or fax and will not respond to any subpoena served in such way.
Vytes respects the intellectual property rights of others and has implemented a copyright policy in accordance with the Digital Millennium Copyright Act and other relevant laws. Vytes will respond to valid notices of copyright infringement.
If you believe any content posted or made available through the Services constitutes infringement of your copyright please submit your complaint to us via email at email@example.com. Alternatively, you may send a written notice of infringement to Vytes’s designated Copyright Agent using the contact information listed below.
In your email or written notice, please specify the nature of the copyright infringement.
You can stop using the Services at any time and without notice to us. Similarly, we may terminate access to the Services to you or any other users or stop offering the Service at any time without notice.
These Terms will be governed by the laws of the Utah, without respect to its conflicts of laws principles. Any claims arising out of or relating to these Terms or use of the Services that are not subject to Section 8 (Disputes & Arbitration) above shall be brought exclusively in the United States District Court of Utah or, if such court would not have jurisdiction over the matter, then only in the city of Salt Lake, Utah.
These Terms, subject to any amendments, modifications, or additional agreements you enter into with Vytes, shall constitute the entire agreement between you and Vytes with respect to the Services, and any use of the same. If any provision of these Terms is found to be invalid by a court of competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
Vytes’ failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future. You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void.
Changes to the Terms
Vytes may make changes to these Terms from time to time. When we do so, we will post the most current version of the Terms on our website and, if a revision to the Terms is material, we will notify you of the new Terms (for example, by email or a notification on our Services). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Services.
If you have any questions, complaints or comments about the Services, please contact us at firstname.lastname@example.org
Last Modified: November 8, 2016
Types of Information We Collect
Vytes obtains information that you provide to us when you download, register, and use the App. This information may include (a) your name, active phone number, profile picture, and other information made available through account creation; (b) information you provide us when you contact us for help, and (c) information you enter into our system when using the App, such as event details. It may also include information you provide to us about your contacts who you invite to use Vytes’ services from your mobile address book, such as their number and telephone number. We do not sync or store all of your contacts to our server when you use the App.
Vytes does not collect or store real-time information about the location of your mobile device. If you choose to add a location to an invite, the App utilizes the Google Places API to help users add location information. This information is stored to provide users with directions and details for the event at a future point in time.
When you visit the App, we may also collect certain information by automated means, such as cookies and analytics for optimizing the App. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. We may also use third-party website analytics tools (such as Google Analytics) that collect information about user traffic on the App. The information we may collect by automated means to optimize the App for users may include, but is not limited to, the following:
How We Use the Information We Collect
We may use the information you provide to us to:
In addition to the uses described above, we may use the information collected through cookies to identify and authenticate visitors. We may also combine the information we collect with publicly available information, and with that of other users of the App. For example, we may use your and other users’ non-identifiable, aggregated data to improve the services we offer, for statistical analysis, and for other business purposes.
We also may use the information you disclose to us in other ways for which we provide specific notice at the time of collection.
Information We Share
We may disclose aggregated information about our users without restriction. We may disclose personal information you disclose to us to our subsidiaries and affiliates, or to contractors, and service providers to help us operate, provide, improve, understand, customize, support, and market our services. Such third parties are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. We may also disclose personal information to: (i) comply with any court order, law, or legal process, including to respond to any government or regulatory request; (ii) enforce or apply our Terms of Service and other agreements; and/or (iii) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Vytes, users of our App, or others.
Managing Your Information
We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate. If you’d like us to delete User Provided Data that you have provided via the Application, please contact us at email@example.com and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.
We offer you the following choices about what information we collect from you and how we communicate with you:
Marketing Emails. Should we begin sending marketing emails, you may choose not to receive them from us by following the unsubscribe instructions contained in each email.
Push notifications. New Vytes, comments, and guest responses are sent via push notification. We strongly recommend these notifications for use of the app (e.g., receiving an invite from a friend), but you may turn notifications off through your device’s privacy settings.
Text messages. Once you create an account and enable notifications, you will no longer receive Vytes via text message. To end text messages, you can also reply “STOP” to any message.
Vytes’ Services. You may delete your Vytes’ account by contacting firstname.lastname@example.org.. When you delete your account, you may continue to receive text messages from friends who send you invites through Vytes. You may continue to respond to these invitations, or reply “STOP” to end all text message.
Accessing and Correcting Your Information
You can review and change personal information you disclose to us by logging into the App and visiting your account profile page. Subject to applicable law, you may have certain additional rights to request access to and receive information about the personal information you have disclosed to us, update and correct inaccuracies in such personal information, and have such personal information blocked or deleted, as appropriate. For more information, please email us at email@example.com.
Vytes has reasonable security measures in place in an effort to protect personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please note that no electronic transmission of information can be entirely secure. We cannot guarantee that the security measures we have in place will never be defeated or fail, or that such measures will always be sufficient or effective. Any transmission of information is at your own risk. We are not responsible for circumvention of any App privacy settings or our security measures.
Any information that you share online or via text message can be accessed by those to whom you send it. Vytes is not responsible for the actions of those who obtain your content from you in this manner.
Children Under the Age of 13
The App is not directed to, and Vytes does not knowingly collect or solicit personal information from or about, children under the age of 13. If we learn we have collected or received personal information from or about a child under the age of 13, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please contact us at firstname.lastname@example.org.