"Agreement" - This Terms of Use document.
"we" in all its forms - daily-byte.com and the people who are responsible for this site.
"Guests" - People who use this site and are not logged in.
"Bots" - Search engines that may crawl this site.
"Project" - The idea a User submits us, whether as a PDF file, as free text or any other form.
"Product" - A program / feature / app or the like that requires its development with the use of a programming language.
"Final Price" - The price set by us to finish the Project and make a Product out of it. During the process we may present an estimated price that may change. The Final Price will be stated by us by using the words final price.
"Program" - Only the core project that is a part of the Product, excluding all other components, e.g. one or more of our dlls.
For clarification purposes, we will use an example: We have a Program for multiplying numbers and showing the result. The Product presents a dialog box asking for two numbers to be entered and an OK button. Once the OK button is clicked, a message box displays the result. The message box showing the result comes from one of our dlls. The Program is only the part containing the dialog box, excluding our dll.
Note: Any example given, in this document or any other document, is designed to help and explain what was written and should not be regarded as an exhaustive list.
Before you can use this site offered to you by us, you must read and accept all terms and conditions which appear in this User Agreement or linked to it.
If you do not accept this Agreement, you should leave this Site immediately. You are also responsible for reviewing and understanding the terms and rules regarding your status. Any violation of any of the rules may result in a range of actions including Account suspension or termination.
In order to use certain Programs, you may be required to download a certain software or agree to additional agreements. Unless otherwise stated by us in the other agreements, their additional terms and conditions are hereby incorporated into this Agreement.
We may modify this Agreement at any time. Therefore it is very important that you review this Agreement regularly to ensure that you are aware of any changes that had been made. The amendments shall be effective upon posting on the site. You agree to accept any changes made. This Agreement may not be otherwise modified except in a writing signed by you and us.
The purpose of this Agreement is to set the framework in which the use of this site would be as safe, simple and clear as possible. In case of problematic content, please contact us through the link in the bottom of this Site. Guests as well as Users may buy and download Products. Bots may only scan the contents of this site, without downloading any Products. Any other user form is denied and may not use this site. We may, in our sole discretion, reject, refuse or remove any Project you submitted, or terminate, restrict, or suspend your account and data related, at any time, for any or no reason, with or without prior notice, and without liability, especially if we decide, in our sole discretion, that you pose a threat to us and/or to our Guests / Users.
Usage of our site is restricted by the following:
You may contact us through our Contact Form. A link to the form appears at the bottom of the site.
Any comments, suggestion or any other material sent to us, whether initiated by us or not,
will be regarded by us as non-confidential and non-proprietary.
We shall be entitled to an unrestricted use of the material for any purpose whatsoever, commercial or otherwise,
without compensation to the person who sent it.
We do not promise to respond to all contacts made.
You represent and warrant that you own the Project you submit to us, and do not violate any laws, privacy or third party rights. You will pay for all royalties and any other monies owing any person by reason of any Project submitted by you to us, or its final Product.
We do not in any way imply that we will look at all the Projects submitted to us, respond to them, evaluate or realize them. If for any reason we cancel a Project you submitted to us, the money you transferred for that specific Project will be fully returned to your account.
You may not copy, modify, distribute, sell, or reproduce in any way any copyrighted material, trademarks, or information belonging to others, including this site, without obtaining their prior written consent. In the case of copyright violations, please contact us through the Contact Us link at the bottom of this site, providing us with all details necessary. You may link from your site to ours, but you may not refer to daily-bayte.com in any way that might lead someone to believe that you, your company or your site are in any way sponsored by, affiliated with, or endorsed by us.
Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the this site. We cannot guarantee and do not promise any specific results from use of this site. We do not take responsibility for:
We collect the minimum information needed to secure other Users and ourselves, and protect your privacy. We do not disclose any information to third parties unless required so by law. You can read more here.
You will not hold daily-byte.com responsible for any direct, indirect, consequential, incidental or special damages, including lost of money, goodwill or reputation arising from your use of this site or Products, Projects, or links directing to other sites. Further, we cannot guarantee the continuous and secure operating of this site or the transactions made. These may be interfered by factors which are not in our control. We excludes, to the extent legally permitted, all implied warranties, terms and conditions. If we are found to be liable, our liability to you or to any third party is limited to the amount paid, if any, by you in the last six months to us for what we are found liable.
We will try and solve disputes at lowest costs and time for both sides. In case of a dispute, please consider first contacting us through the link at the bottom of this site. If there is any dispute about or involving this site or one of its Products, you agree that the dispute shall be governed by the laws of Berlin, Germany, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in Berlin, Germany. In case of an improperly filed claim, we may recover costs and loses caused to us from the time and manpower invested in investigating and handling the claim, provided we notified you in email or writing of the improperly filed claim and you failed to withdraw it. In any case of you requiring documents or any other material from us, you agree to pay for all the costs involved in such a process.
You agree to indemnify and hold us and our agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or by you violating any law or the rights of any third party.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. All sections survive any termination of this Agreement. The sections' titles are for convenience only and have no legal or contractual effect. If any provision of this Agreement is invalid or unenforceable, that provision shall be struck from this Agreement and shall not affect the validity and enforceability of the remaining provisions. Our failure to act against a breach by you or others in the Agreement, does not waive our right to act against subsequent or similar breaches. We do not assume we will take action against all breaches of this Agreement.