Bimy Terms of Service

1.1 Modifications

We reserve the right, in our sole discretion, to modify or replace this Agreement at any time. If we modify this Agreement, we will post the updated version on our site and update the "Last Updated" date above, or otherwise provide notice within the platform. Any change to this Agreement will be effective as of the "Last Updated" date. By continuing to access or use the Services after that date, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, you must cease using the Services.

1.2 Service Changes

We may add, remove, suspend, discontinue, modify, or update our Services at any time, at our discretion. After the effective date of such a change, we have no obligation to maintain or support legacy versions of any portion of the Services.

1.3 Customer Support

We provide basic support (e.g., knowledge bases and help articles) for all users. Additional support services or service tiers may be available for paid account holders, as described on our website or in your specific service plan.

1.4 Certain Features (e.g., "Destination Preview")

Some tiers of our Services may include destination preview pages when an end user interacts with a link or QR Code before proceeding to the final destination URL. Destination preview pages may also display advertisements. Any advertising displayed on preview pages is not governed by these Terms once users interact with it. We make no warranty regarding the accuracy, quality, or content of any products, services, or content included in such advertisements.

2.1 Fees

We offer paid tiers of our Services that provide additional features and functionality. By signing up for a paid plan, you agree to pay all applicable fees as set forth at the time of purchase. Fees are typically non-refundable except as required by law or otherwise specified in this Agreement or our Refund Policy.

2.2 Subscription Period

Paid accounts will be charged at the rate stated at the time of your initial purchase, on a recurring basis corresponding to the term of your subscription (monthly, annual, etc.) until you cancel. We may update our pricing, but we will give you notice prior to your next billing cycle of any changes. You may cancel your paid subscription at any time—however, we typically do not provide refunds or credits for partial use, unless required by Australian Consumer Law or another applicable law.

2.3 Payment

You will pay according to the payment interval you selected (e.g., monthly, annually). You authorize us (or a third-party payment processor) to charge you using the payment method you provide. If your payment fails or is past due, we reserve the right to suspend, downgrade, or terminate your access to the Services. Past-due fees may incur interest in accordance with applicable laws, and you will be responsible for all reasonable collection costs, including attorneys' fees, if you fail to pay outstanding amounts.

2.4 Taxes

All fees are exclusive of any taxes (including GST, VAT, or other sales taxes). You are responsible for all taxes, duties, or levies imposed by any governmental authority resulting from your purchase of the Services, other than taxes based on our net income. Where GST applies, we will issue a tax invoice in compliance with Australian requirements.

3.1 License and Permitted Use

Subject to your compliance with this Agreement (and payment of applicable fees), we grant you a non-exclusive, non-transferable, limited right to access and use our Services. You agree not to use the Services for any competitive or unlawful purposes.

3.2 Account Credentials

We will provide you with login credentials to access paid or free tiers of our Services. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. If you are a business entity, you agree that only your authorized personnel will access and use the Services and that all such personnel will abide by this Agreement. You must immediately notify us of any breach of security or unauthorized use of your account.

3.3 Compliance Monitoring

We may monitor your use of the Services to ensure compliance with this Agreement and remove or disable any content or links we believe violate our policies or applicable law. If we believe you are misusing or violating the Agreement, we may suspend or block your access to the Services without notice.

3.4 Prohibited Uses

You agree not to use our Services in any manner that:

• Violates Any Law or Regulation: Including, but not limited to, content that is defamatory, harassing, hateful, fraudulent, deceptive, obscene, or otherwise unlawful.
• Infringes Intellectual Property Rights: Including unauthorized uploading or sharing of copyrighted works, trademarks, patents, trade secrets, or other proprietary information of any third party.
• Facilitates Spam, Malware, or Phishing: You must not use Bimy.io to distribute unsolicited bulk messages, viruses, or malicious software intended to disrupt, damage, or gain unauthorized access to data or networks.
• Endangers or Harms Minors: Any content exploiting children or otherwise contravening child protection laws is strictly prohibited.
• Compromises Service Integrity: Attempting to probe, scan, or test our Services for vulnerabilities without authorization, or circumventing any security measures, is strictly disallowed.
• Engages in Harassment or Bullying: Targeting individuals with threats, hate speech, or other forms of abusive or discriminatory language.
• Creates Excessive Load: Using automated systems, bots, or scripts that excessively overload or interfere with our infrastructure or disrupt normal user activity.
• Misrepresents Association with Bimy.io: Falsely implying endorsement, partnership, or affiliation with Bimy.io without our prior written consent.

We reserve the right to remove or disable content, links, or accounts that violate these Prohibited Uses. Repeated or severe violations may lead to immediate suspension or termination of your account and access to the Services, without notice or liability on our part.

4.1 Your Products, Content, or Services

We are not responsible for any of your products, content, or services ("Your Services") that may be accessed via or make use of Bimy.io's Services. You will not imply any endorsement, sponsorship, or partnership with us without our prior written consent. You must not use our Services in connection with any content or activity that violates this Agreement.

4.2 Customer Materials

By using our Services, you grant us a non-exclusive, worldwide, royalty-free license to use, copy, and display the URLs, links, QR codes, or other materials you submit ("Customer Materials") solely to the extent necessary to operate and provide the Services (and for our legitimate business interests, such as security, analytics, and product improvement).

4.3 Customer Content

You are solely responsible for any content you upload or transmit via our Services ("Customer Content"). By providing Customer Content, you represent that you have all necessary rights or permissions to do so, and that it does not infringe any third party's rights or violate any law. We do not claim ownership over your Customer Content.

4.4 External Links & Third-Party Websites

Our Services, user-generated links, and QR codes may reference or direct you to external websites, resources, or content that are not owned or controlled by Bimy.io. We do not endorse nor assume responsibility for any third-party content, services, or materials. If you leave our Services via such external links or QR codes, your activity on those external sites is governed by their respective policies, not ours.

If you believe any third-party links or content accessible through our Services are unlawful or infringe your rights, please notify us at [email protected]. Upon becoming aware of specific unlawful content or links, we will take reasonable steps to remove or disable access to them if we are technically and legally able to do so.

5.1 Ownership

Except for Your Services, Customer Materials, and Customer Content, we own all right, title, and interest in and to our Services, including all software, code, data, designs, features, and functionality associated with them ("Bimy.io Materials"). Nothing in this Agreement transfers any ownership rights; you are only granted a limited license to use the Services.

5.2 Feedback

Any suggestions, enhancement requests, or feedback you provide about the Services ("Feedback") may be used by us without any obligation to you. By providing Feedback, you irrevocably transfer to us all rights to use and incorporate it into our products or services.

5.3 General Restrictions

You must not:

• Reverse-engineer, decompile, or disassemble any component of our Services;
• Create competing products using the Services;
• Use the Services to publish or transmit unlawful or infringing content;
• Circumvent or disable any security features;
• Exceed usage limits or access the Services in an automated or unauthorized manner.

6.1 Term

This Agreement begins on the date you create an account or otherwise accept these Terms and remains in effect unless terminated under this Section. If you have a paid subscription, the Agreement continues for the length of your subscription term and automatically renews unless cancelled prior to the next billing cycle.

6.2 Your Right to Terminate

You may cancel your paid subscription or terminate this Agreement at any time by ceasing to use our Services and deactivating your account. No refunds will be issued except as required by Australian Consumer Law or otherwise provided by this Agreement or our Refund Policy.

6.3 Our Right to Terminate or Suspend

We may terminate or suspend your access to the Services immediately if:

• You fail to pay fees when due;
• You breach this Agreement (including Prohibited Uses) or our other policies;
• We suspect fraudulent or illegal activities in your account; or
• We decide to cease providing the Services in whole or in part.

Upon termination, all rights granted to you in this Agreement will immediately cease.

8.1 Privacy Policy

Our Privacy Policy describes how we collect, use, and disclose information we obtain from you or about you through the Services. We also use cookies and similar technologies—please see our Cookie Policy for details. By using our Services, you acknowledge that your personal information will be processed in accordance with these policies.

8.2 Data Processing (If Applicable)

If we process personal data on your behalf (for example, for enterprise or EU-based customers), we will comply with all applicable data protection laws. If required, we may enter into a Data Processing Agreement with you.

8.3 Australian Consumer Law

Nothing in this Agreement is intended to exclude, restrict, or modify rights under the Competition and Consumer Act 2010 (Cth) or other legislation that may not be excluded by law. Our Services come with guarantees that cannot be excluded under Australian Consumer Law, and you are entitled to remedies if they fail to meet these guarantees.

12.1 Governing Law

This Agreement is governed by the laws of New South Wales, Australia, without regard to conflict-of-law principles.

12.2 Dispute Resolution

You agree to first contact us regarding any dispute or claim related to this Agreement or the Services. If we are unable to resolve the dispute informally, either party may pursue legal action in the courts of New South Wales, Australia (subject to any statutory rights you may have under Australian Consumer Law to commence proceedings in your local jurisdiction).

13.1 Relationship of the Parties

We are independent contractors. Nothing in this Agreement creates a partnership, joint venture, employment, franchise, or agency relationship between you and us.

13.2 Entire Agreement

This Agreement (including documents incorporated by reference) is the entire agreement between the parties regarding the Services and supersedes all prior agreements and understandings.

13.3 Assignment

You may not assign or transfer this Agreement or any rights or obligations herein without our prior written consent. We may assign our rights under this Agreement in connection with a merger, acquisition, corporate reorganization, or sale of assets.

13.4 Force Majeure

Neither party will be responsible for failure or delay in performance if caused by an event beyond its reasonable control (e.g., natural disaster, war, internet disturbance).

13.5 Notices

Unless otherwise stated in this Agreement, notices must be in writing and sent via email or to another official address provided by each party. Notices are deemed given on receipt.

13.6 Waiver & Severability

Any waiver of any provision of this Agreement will be effective only if in writing. If any part of this Agreement is deemed invalid or unenforceable, the remaining sections shall remain in effect.

13.7 Publicity

You grant us the right to use your name, logo, or trademarks on our website or in marketing materials to identify you as a customer. You can withdraw this permission at any time by contacting us.