TERMS OF SERVICE 

Please review these Terms of Service, along with the FirstByt Privacy Policy, attentively before accessing or utilizing this website and the associated services, features, content, and applications provided by FirstByt. By accessing or using FirstByt, you agree to abide by these Terms of Service, which constitute a legally binding agreement between you and us.

Agreement to Terms.

1. Your registration for and/or use of FirstByt, including accessing the FirstByt website, signifies your agreement to abide by these Terms of Service, as well as any other guidelines, policies, and procedures posted on or within FirstByt. Please note that these terms may be revised periodically without prior notice.
2. These Terms of Service are applicable to all users of FirstByt, regardless of whether they contribute content, information, or services.

Modification of Terms.

We retain the right, at our discretion, to amend or substitute any portion of these Terms of Service, or alter, suspend, or terminate FirstByt (including, but not limited to, the availability of features, databases, or content) at any time. Additionally, we may enforce limitations on specific features of FirstByt or restrict your access to parts or all of FirstByt without prior notice or liability. It is your responsibility to review these Terms of Service periodically for revisions. Your continued use of FirstByt after any modifications to these Terms of Service indicates your acceptance of those changes.

Eligibility

By using FirstByt, you confirm that you are at least 18 years old or have reached the legal age of majority in your jurisdiction. If you are under 18 years old, you are not permitted to use FirstByt under any circumstances. We reserve the right to deny access to FirstByt to any individual or entity at our discretion and may modify our eligibility criteria at any time. You are responsible for ensuring that your use of FirstByt complies with all applicable laws and regulations. Access to FirstByt may be revoked if your use violates these Terms of Service or any applicable laws. Please note that FirstByt is intended for personal entertainment purposes only and may not be used for the benefit of any third party.

Login/Registration: 

While some features of FirstByt may be accessible to unregistered users, for full access you must create an “Account” by registering with FirstByt. When registering, you must provide accurate information as requested on the registration page. It is your responsibility to ensure the accuracy of the information associated with your Account. When selecting a username, you agree not to: (i) impersonate another person, (ii) use a name that infringes on the rights of others without proper authorization, or (iii) use a name that is offensive, vulgar, or obscene.

Account Security:

You are solely responsible for any activity that occurs on your Account and for maintaining the security of your Account password. You may not use another person’s Account without permission. While we implement security measures, we cannot guarantee protection against unauthorized access. You must notify us immediately if you suspect any security breaches or unauthorized use of your Account. Never share your login information publicly.

Access Rights: 

By using FirstByt, you acknowledge that we may access content from third-party websites and services on your behalf to make it available through FirstByt. You grant us permission to do so. Any content you submit to a Third Party Service may be stored by us at your direction, although we are not obligated to maintain such submissions.

Content:

Definition: For the purposes of these Terms of Service, “Content” encompasses URLs, curated URLs, videos, audio clips, written posts and comments, information, data, text, web pages, images, software, scripts, graphics, and interactive features available on or through FirstByt.

1. Third Party Materials and Agreements:
   
   Through FirstByt, you may access, download, store, or use Third Party Services, resources, content, or information (“Third Party Materials”). By utilizing FirstByt to discover and collect material from the Internet, you authorize us to present selected portions of the data sources. You acknowledge sole responsibility for and assume all risk arising from accessing or using any such Third Party Materials. We disclaim any liability for harm, injuries, or losses resulting from such access or use. Additionally, we do not promise to remove Third Party Materials from access through FirstByt. Your ability to access or link to Third Party Materials does not constitute endorsement by us of such materials or services.
2. User Content:
   
   All User Content added, created, uploaded, curated, submitted, distributed, or posted to FirstByt by users, whether publicly posted or privately transmitted, is the sole responsibility of the originating user. You acknowledge that accessing Content through FirstByt is at your own risk, and you are solely responsible for any resulting damage or loss. Upon deletion, User Content is removed from FirstByt, though certain content may remain accessible, and removed content may persist in backup copies for a reasonable period. If encountering unauthorized User Content of adult nature, you agree to report it to FirstByt immediately.
3. Our Content:
   
   FirstByt features Content provided by us or our partners, protected by copyrights, trademarks, patents, or other proprietary rights. You agree to abide by all copyright notices, information, and restrictions contained in any Content accessed through FirstByt.

 

      4. Use License:

• Subject to these Terms of Service, each user of FirstByt is granted a worldwide, non-exclusive, non-sublicensable, and non-transferable license to utilize, download, store, display, and print Content for personal, non-commercial use as part of their use of FirstByt. Any use, reproduction, modification, distribution, or storage of Content for purposes other than personal, non-commercial use is expressly prohibited without prior written permission from us or the identified copyright holder. FirstByt may not be used for any commercial purposes.

       5. Content License Grants:

• By submitting User Content through FirstByt, you grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to fully exploit the User Content in connection with FirstByt and our business, including promoting and redistributing part or all of FirstByt, Content posted on FirstByt, and derivative works thereof. Additionally, you grant each user of FirstByt a non-exclusive license to access, use, download, store, transmit, display, perform, and print public User Content. You represent and warrant that you have the rights to grant such licenses without infringing on any third-party rights.

          5.1 Availability of Content:

• We do not guarantee the availability of any Content on FirstByt and reserve the right to remove, edit, or modify any Content at our sole discretion and without notice. We may also remove or block any Content from FirstByt for any reason, including upon receipt of claims or allegations from third parties, or if we suspect a violation of these Terms of Service

FirstByt Website License:

1. License Grant:

Subject to your adherence to the terms and conditions outlined in these Terms of Service, you are granted a limited, non-exclusive, non-transferable license to view the FirstByt website on a device under your ownership and control, solely for personal entertainment and use. Additionally, any FirstByt content downloaded through third-party platforms such as the App Store or Google Play must be used in accordance with the “Usage Rules” specified in the respective App Store Terms of Service. All rights in the FirstByt application not expressly granted herein are reserved by us.

     2. Restrictions:

Except as expressly provided in these Terms of Service, you are prohibited from copying or modifying the FirstByt website or application, transferring, selling, renting, leasing, distributing, sublicensing, or assigning any rights to the FirstByt website or application to any third party. You may not make the functionality of the FirstByt website or application available to multiple users through any means, including distribution or uploading to networks or file-sharing services. The FirstByt website or application contains trade secrets, and you agree not to disassemble, decompile, or reverse engineer it, except as prohibited by statutory law. You must comply with any technical restrictions in the FirstByt website or application.

     3. Updates and Upgrades; No Obligation:

We are not obligated to maintain or support the FirstByt website or application or provide updates, upgrades, or related services. You acknowledge that FirstByt may issue updates or upgrades to the website or application at its sole discretion, and you consent to automatic updates or upgrades on your mobile device. These Terms of Service apply to all such updates or upgrades.

Rules of Conduct:

a. Your Use: You agree not to use FirstByt for any purpose prohibited by these Terms of Service or by the laws applicable in your jurisdiction. You are responsible for all activities conducted in connection with your use of FirstByt.

b. Content Restrictions: You shall not take any action or distribute any content on FirstByt that:

• Infringes upon the rights of others or violates any law or contractual obligation;
• Is unlawful, abusive, harassing, defamatory, fraudulent, or invasive of privacy;
• Constitutes spam, contains viruses, or disrupts the proper function of FirstByt;
• Impersonates any person or entity, including our representatives;
• Puts yourself or others at risk of harm, or seeks to exploit children;
• Contains false information, hate speech, violence, or illegal content;
• Infringes upon intellectual property rights, privacy, or publicity rights of others;
• Is deceptive, fraudulent, or violates our guidelines and policies.

c. Prohibited Actions: You shall not:

• Overload our infrastructure or interfere with FirstByt’s operations;
• Circumvent security measures or access FirstByt in unauthorized ways;
• Use automated tools to crawl or scrape FirstByt’s content;
• Harvest user data or engage in spamming;
• Violate FirstByt’s technical restrictions;
• Decipher, reverse engineer, or modify FirstByt’s code.

d. Compliance: You agree to comply with all applicable laws and regulations.

e. Information Handling: We reserve the right to access, monitor, and disclose information as necessary to comply with legal obligations, enforce these Terms of Service, address technical issues, or protect our rights and users’ safety.

Third Party Services: 

FirstByt may provide access to content from or links to other websites, services, or resources on the Internet. When accessing third-party resources, you do so at your own risk. These resources are beyond our control, and we are not responsible for their content, functionality, accuracy, legality, or appropriateness. Inclusion of such links does not imply endorsement by FirstByt or any affiliation with their operators. You acknowledge and agree that we are not liable for any damage or loss arising from the use of or reliance on such third-party content, goods, or services.

Termination:

FirstByt reserves the right to terminate your access to all or any part of the platform at any time, with or without cause, and with or without prior notice, effective immediately. Such termination may result in the deletion and forfeiture of all information associated with your account. If you choose to terminate your account, you can do so by following the instructions in your account settings. All provisions of these Terms of Service that by their nature should survive termination will continue to remain in effect, including but not limited to ownership provisions, warranty disclaimers, indemnity clauses, and limitations of liability.

Warranty Disclaimer:

1. We do not have any special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and are not obligated to take any action regarding:

• which users gain access to FirstByt
• the Content you access via FirstByt;
• the potential effects the Content may have on you;
• how you interpret or use the Content; or
• any actions you may take as a result of being exposed to the Content.

2. You release us from all liability for your acquisition or non-acquisition of Content through FirstByt. The platform may contain or direct you to websites containing information that some individuals may find offensive or inappropriate. We make no representations regarding any Content contained in or accessed through FirstByt, and we are not responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the platform.

3. FirstByt and all Content are provided “as is,” “as available,” and without warranty of any kind, express or implied, including but not limited to the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Additionally, any warranties implied by any course of performance or usage of trade are expressly disclaimed. We, along with our directors, employees, agents, suppliers, partners, and content providers, do not warrant that:

(i) FirstByt will be secure or available at any particular time or location;

(ii) any defects or errors will be corrected;

(iii) any Content or software available on or through FirstByt is free of viruses or other harmful components; or

(iv) the results of using FirstByt will meet your requirements. Your use of FirstByt is solely at your own risk. Some states do not allow limitations on implied warranties, so the foregoing limitations may not apply to you.

4. We make no guarantee of confidentiality or privacy of any communication or information transmitted on FirstByt or any website linked to FirstByt. We will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on our equipment, transmitted over networks accessed by FirstByt, or otherwise connected with your use of FirstByt.

Arbitration:

In the event of any dispute, controversy, or claim arising out of or relating to these Terms of Service, including the breach, termination, or validity thereof (collectively, “Dispute”), the parties shall first attempt to resolve the Dispute through good faith negotiations.

If the Dispute cannot be resolved within 720 days of written notice from one party to the other describing the Dispute in reasonable detail, then either party may submit the Dispute to arbitration administered by the Vilnius Court of Commercial Arbitration, in accordance with its rules then in effect, except as modified by this Agreement. The seat of arbitration shall be Vilnius, Lithuania. The language of the arbitration shall be Lithuanian.

The arbitral tribunal shall consist of  5 arbitrators appointed in accordance with the rules of the Vilnius Court of Commercial Arbitration. The decision of the arbitral tribunal shall be final and binding upon the parties.

Each party shall bear its own costs in connection with the arbitration, and the parties shall equally share the fees and expenses of the arbitral tribunal. However, the arbitral tribunal may, in its discretion, award costs, including reasonable attorneys’ fees and expenses, to the prevailing party.

The parties agree that the arbitration proceedings and all related documents and information shall be kept confidential, except to the extent necessary to enforce the arbitration award or as required by applicable law.

This arbitration clause shall not prevent either party from seeking provisional remedies from a court of competent jurisdiction, including injunctive relief, to enforce its rights under these Terms of Service.

This arbitration clause shall be governed by and construed in accordance with the laws of Lithuania, without regard to its conflict of law provisions.

By agreeing to these Terms of Service, you and FirstByt hereby waive any right to a trial by jury or to participate in a class action or representative proceeding in connection with any Dispute.

Indemnification:

You agree to defend, indemnify, and hold harmless FirstByt, its affiliates, and each of their respective employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, arising from or related to your use or misuse of, or access to, FirstByt, Content, or which otherwise arise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity.

FirstByt reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with FirstByt in asserting any available defenses.

Limitation of Liability:

In no event shall FirstByt, our affiliates, nor any of their respective directors, employees, contractors, agents, partners, suppliers, representatives, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to FirstByt for:

(i) Any lost profits, data loss, cost of procurement of substitute goods or services, or special, direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising); or

(ii) For any bugs, viruses, Trojan horses, or the like (regardless of the source of origination).

Notwithstanding the foregoing, under no circumstances shall such liability exceed any damages in excess of the amount you paid for FirstByt or the FirstByt application in the aggregate. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Miscellaneous:

1. Force Majeure: We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
2. Assignment: These Terms of Service are personal to you and are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without consent.
3. Agency: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service, and neither party has any authority of any kind to bind the other in any respect.
4. Notices: Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent if sent for next day delivery by recognized overnight delivery service.
5. No Waiver: Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will do so in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver, provided by one of our authorized representatives.
6. Headings: The section and paragraph headings in these Terms of Service are for convenience only and shall not affect the interpretation of any provision.