Terms & Conditions

Welcome to Byta, an online platform allowing users to privately send & receive both watermarked and non-watermarked digital audio. This Service is provided by Byta Limited (“Byta”, “we” “our”, or “us”).

These Terms of Use govern your use of byta.com and all associated web pages. (together, the “Site”), our mobile and desktop apps (our "Apps") and all related players, widgets, tools, applications, data, software, APIs (which may also be subject to separate API Terms of Use) and other services provided by Byta (the “Services”).

1. Byta Terms of Use
  1. These terms of use explain how you may use our Site.
  2. You should read these terms and conditions carefully before using the Site.
  3. By accessing or using this Website or otherwise indicating your consent to these terms constitute a legally binding agreement (the “Agreement”) between you and Byta in relation to your use of the Website, Apps and Services (together, the “Platform”), you agree to be bound by these terms and conditions and the documents referred to in them.
  4. By accessing or using the Platform, registering an account and/or subscribing to the paid service (“Registered User”), or by viewing, accessing, streaming, uploading or downloading any information or content from or to the Platform, you represent and warrant that you have read and understood the Terms of Use, Privacy Policy, will abide by them, and that you are either 18 years of age or more, or you are 13 years of age or more and have your parent(s)’ or legal guardian(s)’ permission to use the Platform. If you do not agree with or accept any of these terms, you should stop using the Site immediately.
  5. If you have any questions about the Site, please contact receive@byta.com.
  6. Definitions
    'Content'
    means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;
    'Website privacy policy'
    means the policy , which governs how we process any personal data collected from you;
    'We, us or our'
    means Byta Limited, company registration number 8243268, with VAT registration number 142 9689 77 and whose registered office is at Unit 48 Basepoint Business Centre, Tewkesury, Gloucestershire, GL20 8SD
    ‘Registered User’
    means a person who has registered an account on the Site and/or paid for the subscription service for full functionality of the Site
    'You or your'
    means the person accessing or using the Site or its Content.
  7. Your use of the Site means that you must also comply with our Privacy policy and our Cookie policy.
2. Using the Site
  1. The Site is for your personal and individual use only.
  2. You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your account, whether or not such activity was authorized by you.
  3. If your username or password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify us in writing, and should change your password at the earliest possible opportunity.
  4. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms of Use or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.
  5. We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at receive@byta.com and/or use the website accessibility tools accessibility tools included with your browser.
  6. We may prevent or suspend your access to the Site if you do not comply with any part of these Website terms of use, any terms or policies to which they refer or any applicable law.
3. Our Platform
  1. The Platform is a hosting service. Registered Users of the Platform may upload, send and receive digital audio text, photos, pictures, graphics, comments, and other content, data or information (“Content”), which will be stored by Byta on third party servers, Rackspace™.
  2. As a Registered User, your Content may be shared and distributed using the tools and features provided as part of the Platform and accessible via the Website, Apps and elsewhere. The Platform also enables sharing of Content via an email link to third parties (who may or may not be registered users of the Platform) which will allow them to view, listen to and share Content uploaded and made available by you.
  3. We may, from time to time, release new tools and resources on the Website, release new versions of our Apps, or introduce other services and/or features for the Platform. Any new services and features will be subject to these Terms of Use as well as any additional terms of use that we may release for those specific services or features.
4. Subscription Service
  1. To access the Platform and use the Service to upload and privately share your Content with your contacts you need to subscribe to the service as a Registered User.
  2. The prices for a subscription will be as quoted on our site at the time of payment. We take all reasonable care to ensure that the prices are correct at the time when the relevant information was entered onto the system.
  3. Prices for our Services may change from time to time, but changes will not affect any current subscriptions.
  4. We will require you to provide your payment details at the start of the subscription period and we will automatically charge you for subsequent months until cancelled by you. By providing your payment details you agree to this subsequent charge regardless of your use of the service.
  5. If you cancel your subscription within 14 days of activating your subscription we will refund you the full fee paid by you. If you cancel your subscription after the 14 day period, clause 4.6 will apply.
  6. The fee for the subscription period is paid in advance and if you cancel the subscription any time before the expiry of the monthly subscription, the Service will be cancelled at the end of the month period.
5. Prohibited Use of our Services and Uploading Content
  1. You must not copy, rip or capture, alter or remove any watermark or attempt to copy, rip or capture, alter or remove any audio Content, watermarked or otherwise, from the Platform or any part of the Platform, other than allowed by the Registered User.
  2. You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (i) where such Content is your Content, or (ii) as permitted under these Terms of Use.
  3. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
  4. You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the popularity of Your Content on the Platform, or to misrepresent your activity on the Platform, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, play Content, send messages, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Platform.
  5. You must not alter or remove, attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Content appearing on the Platform (other than Your Content).
  6. You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Apps or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
  7. You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
    1. any Content that is offensive, abusive, libellous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in our reasonable discretion;
    2. any information, Content or other material that violates, plagiarises, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
    3. any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user's use and enjoyment of the Platform; or
    4. any unsolicited or unauthorised advertising, promotional messages, spam or any other form of solicitation. We reserve the right to immediately remove any Content that is deemed to violate these aforementioned conditions.
  8. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation.
  9. You must not rent, sell or lease access to the Platform, or any Content on the Platform.
  10. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
  11. You must not register using an ‘anonymous’ or ‘disposable’ email address or provide otherwise anonymised or false information.
  12. You must not sell or transfer, or offer to sell or transfer, any registered account to any third party without the prior written approval of Byta.
  13. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Byta; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Our servers, system or network or attempt to breach our data security or authentication procedures; attempt to interfere with the Website or the Services by any means including, without limitation, hacking our servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of ours under these Terms of Use, We reserve the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
6. Grant of Licences
  1. Subject to your strict compliance with these terms, Byta grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and licence to use the Platform in order to view Content uploaded and posted to the Website, to listen to audio Content streamed from the Platform and to privately share and download audio Content using the features of the Platform.
  2. If you are Registered User of our Services, and subject to your strict compliance with these Terms of Use, Byta grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and licence to:
    1. submit, upload or post Content to the Platform strictly as permitted in accordance with these Terms of Use and any other applicable terms posted on the Website from time to time;
    2. use our Apps and other Services provided as part of the Platform or Site strictly as permitted in accordance with these Terms of Use and any other terms applicable to those Apps or Services from time to time.
  3. By uploading Your Content to the Platform, you initiate an automated process to transcode any audio Content and direct us to store Your Content on our servers, from where you may control and authorise the use, reproduction, transmission, distribution, public display, public performance, making available and other communication to the public of Your Content on the Platform and elsewhere using the Services. To the extent it is necessary in order for us to provide you with any of the aforementioned hosting services, to undertake any of the tasks set forth in these Terms of Use and/or to enable your use of the Platform, you hereby grant such licences to Byta on a limited, worldwide, non-exclusive, royalty-free and fully paid basis.
  4. By uploading Your Content to the Platform, you also grant a limited, worldwide, non-exclusive, royalty-free, fully paid up, licence to other users of the Platform. You can limit and restrict the availability of Your Content to other users of the Platform, at any time using the settings on the Share page for the Content you upload and share with your contacts, subject to the provisions of the Disclaimer section below.
  5. The licences granted in this section are granted separately with respect to each item of Your Content that you upload to the Platform. Licences with respect to audio Content, and any images or text within your account, will (subject to the following paragraph of these Terms of Use) terminate automatically when you remove such Content from your account. Licences with respect to comments or other contributions that you make on the Platform will be perpetual and irrevocable, and will continue notwithstanding any termination of your account.
  6. Removal of audio Content from your account will automatically result in the deletion of the relevant files from our systems and servers.
  7. Any Content other than Your Content is the property of the relevant Registered User, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Platform from time to time and within the parameters set by the Registered User on the Platform or with the express written consent of the Registered User. Where permitted to resend another user’s Content, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Registered User.
  8. For the purposes of troubleshooting and debugging, certain administrators employed by Byta Limited may need to inspect data in transit through our systems. This inspection does not confer any rights to archive or disseminate information as a result of this process.
7. Breach of these Terms or Infringement of any rights
  1. You agree to comply with the above conditions, and acknowledge and agree that we have the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities;
  2. Byta, its affiliates and other designees shall have the right (but not the obligation) to refuse or remove any Content that is available on the Platform, in whole or in part, at any time for any reason or no reason, with or without notice and with no liability of any kind.
8. Ownership, use and intellectual property rights
  1. This Site and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these terms of use. This means, for example, that we remain owners of them and free to use them as we see fit.
  2. Nothing in these terms of use grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
  3. Trade marks: BYTA and BYTA logo are our trademarks. Other trade marks and trade names may also be used on this Site. The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.
9. Software
  1. Software may be made available for you to download in order to help the Site work better. You may only use such software if you agree to be bound by the terms of use that apply to such software (this is sometimes known as an end user licence agreement). You will be made aware of any terms of use that apply to the software when you try to download it. If you do not accept such terms of use, you will not be allowed to download the software. You should read any terms of use carefully to protect your own interests (they may contain provisions that set out what your legal responsibilities are when using software, what the software provider’s legal responsibilities are, and provisions that limit a software provider’s legal responsibilities to you.
  2. All such software is solely for your personal use in a non-commercial manner.
  3. Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these terms of use and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.
  4. Our platform incorporates software under license from Fraunhofer SIT
10. Submitting information to the Site

While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential.

  • Accuracy of information and availability of the Site
    1. While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
    2. We may suspend or terminate operation of the Site at any time as we see fit.
    3. Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
    4. While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
    11. Hyperlinks and third party sites
  • The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms of use of that third party site.

    12. Disclaimer and Warranties
    1. THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED "AS IS," "AS AVAILABLE, " AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BTYA AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE PLATFORM; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE PLATFORM; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE PLATFORM; (D) THE MESSAGES, CONTENT AND INFORMATION SENT FROM OR THROUGH THE PLATFORM BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) THE TREATMENT OF ANY INFORMATION, CONTENT, MATERIAL OR DATA TRANSMITTED BY USERS TO THE PLATFORM; (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE PLATFORM OR ANY LINKED SITE. BYTA DOES NOT WARRANT THAT THE PLATFORM, ANY OF THE PLATFORM' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
    2. BYTA DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR USE OF THE PLATFORM ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, BYTA SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE PLATFORM, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE, THE SERVICES OR THE CONTENT. FURTHER, BYTA AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
    3. BYTA, ITS SUBSIDIARIES OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR ANY OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "BYTA ENTITIES AND INDIVIDUALS") SHALL NOT BE LIABLE IN ANY EVENT FOR THE USE OF THE PLATFORM OR ANY OTHER SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE DISCLAIMER MAY NOT APPLY TO THE EXTENT THE LAW OF SUCH JURISDICTION IS APPLICABLE TO THIS AGREEMENT. YOU AGREE THAT YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK.
    4. WITHOUT LIMITATION OF ANYTHING ELSE SET FORTH IN THESE TERMS OF USE, YOU UNDERSTAND AND AGREE THAT BYTA FURTHER LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE PLATFORM AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL BYTA, ITS SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR ANY OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "BYTA ENTITIES AND INDIVIDUALS") BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE PLATFORM, THE CONTENT, OR YOUR USER SUBMISSIONS; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE PLATFORM OR ANY OF THE CONTENT OR FEATURES THEREON; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY BYTA OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE PLATFORM OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS AND/OR COPYRIGHT INFRINGEMENT; (5) ANY ERRORS OR OMISSIONS IN THE PLATFORM'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE BYTA ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE PLATFORM). NOTHING IN THESE TERMS & CONDITIONS LIMITS OR EXCLUDES BYTA'S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY ITS PROVEN NEGLIGENCE; (B) THE TORT OF DECEIT; OR (C) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
    5. THE BYTA ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS THE PLATFORM IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PLATFORM OR THE CONTENT. YOU RECOGNISE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF BYTA'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY BYTA AND/OR ITS SUBSIDIARIES, AND/OR AFFILIATES OR YOUR USER SUBMISSIONS, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY BYTA WEB SITE, SERVICES, PLATFORM, PRODUCT, PROGRAM, MUSIC, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR YOUR USER SUBMISSIONS OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
    13. Indemnity

    You agree to indemnify, hold harmless, and keep Byta, its subsidiaries and affiliates, and their respective owners, officers, managers, members, agents and employees, fully and effectively indemnified with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with these Terms of Use, including, without limitation: (a) your use of the Platform; (b) your violation of these Terms of Use or any law, rule or regulation; (c) your use of the Content; or (d) your placement or transmission of any of your User Submissions or any other content or materials on or through the Platform. You will cooperate as fully and reasonably as required by Byta in the defence of any claim. Notwithstanding the foregoing, Byta retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Byta herein under the terms and provisions of this Section 15 and in no event shall you settle any such claim without Byta 's prior written approval.

    14. Limitation on our liability
    1. Except for:
      1. death or personal injury caused by our negligent acts or omissions (or those of any of our employees or agents);
      2. fraud or fraudulent misrepresentation; we will only be liable for any loss or damage that is a reasonably foreseeable consequence of a breach of these terms of use. Losses are foreseeable where they could be contemplated by you and us at the time these terms of use are entered into. We are not responsible for indirect losses that happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or loss of opportunity).
    15. Events beyond our control

    We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

    16. Rights of third parties

    No one other than a party to these terms of use has any right to enforce any of these terms of use.

    17. Variation

    These terms are dated August 27th 2016. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms of use from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms of use from time to time to verify such variations.

    18. Disputes

    We will try to resolve any disputes quickly and efficiently. If you are unhappy with the way we deal with any dispute and you want to take court proceedings, the relevant courts of the UK will have exclusive jurisdiction in relation to the Terms of Use. Relevant UK law will apply to these Terms of Use.

    19. Other important terms
    1. We may transfer our rights and obligations under these terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
    2. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.