Terms of service

Bye Bye Button - Terms and Conditions

THESE TERMS CREATE A BINDING CONTRACT. Please read these Terms of Service ("Terms") carefully because they form a contract between you and Ejection Seat LLC, our partners, employees, officers, directors, sponsors, and affiliated companies (“we” and “us”).
The Bye Bye Button is a hardware and software solution that creates a fake phone call, text, or notification on a user’s smartphone (the “Bye Bye Button”).
By using the Bye Bye Button, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. By agreeing to these Terms, you represent that you are over 13 years old.
You may use the Services only in compliance with these Terms and only if you have the power to form a contract with us and are not barred under any applicable laws from doing so.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE SERVICE.

FEES

We charge a fee for certain Bye Bye Button features. The free version includes limited functionality, such as on-device reminders triggered by the Device, while premium features, such as fake calls or messages generated via our cloud server, may require a one-time purchase, per-use charges, or a subscription-based model, as detailed on our website or within the Service. We reserve the right, in our sole discretion, to change fees or introduce new paid features at any time with prior notice to users via the App or email.

CHANGES IN SERVICE

We may modify these Terms or any additional terms that apply to the Service at any time. You should review the Terms regularly. If significant changes occur, we will notify you through the App, email, or other appropriate means. If you do not agree to the modified Terms, you must discontinue your use of the Service.

ACCESS TO THE SERVICES

Only you may use the Services. You must keep your account and passwords confidential and not authorize any third party to access or use the Service on your behalf. If your account is hacked, compromised, or otherwise misused, you must notify us immediately. You are responsible for all activities that take place with your account. We are not liable for any loss or damage resulting from unauthorized use of your account.
If a third party, such as an employer, provides your account, that party may manage, suspend, or terminate your account, view its usage, and access related data.

CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION

By registering with us, you understand that we may send communications regarding the Services, including mandatory notices and promotional materials. You can opt out of promotional communications by following opt-out instructions provided in the messages. However, you cannot opt out of receiving legally required notices. If you do not consent to electronic notices, you must stop using the Service.

PAYMENTS AND REFUNDS

You must be authorized to use the payment method entered during account creation. Payments may be processed in advance, at the time of purchase, shortly after purchase, or on a recurring basis for subscription services. We do not offer refunds unless explicitly stated in our refund policy or required by applicable law.

RETURN POLICY

We offer a 30-day return policy for defective products only. If you receive a defective Bye Bye Button Device, you may return it within 30 days of purchase for a replacement or refund. Proof of purchase is required, and the product must be returned in its original packaging. Returns for reasons other than defects are not accepted.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

THE BYE BYE BUTTON IS PROVIDED “AS IS,” AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE ARE NOT RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA RESULTING FROM USING THE BYE BYE BUTTON, INCLUDING TECHNICAL FAILURES DUE TO BLUETOOTH LOW ENERGY (BLE) CONNECTIVITY ISSUES, CLOUD SERVER OUTAGES, OR THIRD-PARTY VOIP/SMS SERVICE INTERRUPTIONS. WE DISCLAIM LIABILITY FOR TECHNICAL FAILURES, CONTENT DELIVERY ISSUES, OR ANY LOSS CAUSED BY SERVICE INTERRUPTIONS.
THE BYE BYE BUTTON IS FOR ENTERTAINMENT PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR EMERGENCY COMMUNICATION SERVICES.
IN NO EVENT SHALL WE OR OUR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF BUSINESS, PROFIT, OR DATA, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CHOICE OF LAW, JURISDICTION, AND VENUE

This Agreement shall be governed by the laws of Montana, USA, excluding its conflicts of laws principles. Any disputes shall be resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Bozeman, Montana, USA. Users outside Montana acknowledge that jurisdictional laws may vary.

ENTIRE AGREEMENT

These Terms (including the Privacy Policy) constitute the entire and exclusive agreement between you and us concerning the Service and supersede all prior agreements. These Terms do not create third-party beneficiary rights. Failure to enforce any provision is not a waiver of our rights to do so later.

SEVERABILITY

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect, and an enforceable term will be substituted to reflect our intent as closely as possible.

RELEASE AND COVENANT NOT TO SUE

To the fullest extent permitted by law, you release us, our partners, affiliated companies, and respective officers, directors, agents, employees, and suppliers from any claims, demands, and damages arising out of or in connection with disputes between you and an event organizer or third party. By agreeing to this release, you waive any legal protections that would otherwise limit this release to claims known or suspected at the time of agreement.

INDEMNIFICATION

You agree to indemnify and hold harmless Ejection Seat LLC, its subsidiaries, affiliates, and their officers, directors, attorneys, agents, employees, licensors, and suppliers from any claim, demand, or liability (including reasonable attorneys' fees) arising from your violation of any law, breach of representation or warranty in this Agreement, or infringement of third-party rights, including intellectual property rights. Misuse of the Bye Bye Button (e.g., for fraud, harassment, or illegal activities) may violate applicable laws, and you bear full responsibility for such actions.

INTELLECTUAL PROPERTY

All trademarks, copyrights, software, content, proprietary technology, and information associated with the Bye Bye Button are the exclusive intellectual property of Ejection Seat LLC. This Agreement does not transfer any intellectual property rights to users or third parties.

REGULATORY COMPLIANCE

The Bye Bye Button Device complies with applicable Federal Communications Commission (FCC) regulations for Bluetooth Low Energy hardware. You are responsible for ensuring your use of the Service complies with all local laws, including telecommunications regulations related to fake calls or messages.

By using the Bye Bye Button, you acknowledge that you have read, understood, and agreed to these Terms.