Terms & Conditions

Welcome, and thank you for your interest in BYBE Inc. (hereinafter referred to as "BYBE", "we", "us", or "our"). The following Terms of Use are a legally binding contract between you and BYBE regarding your use of the BYBE website, mobile applications, networks, and other related features or services (collectively, the “Service”).

Introduction

These terms detail how BYBE processes your rebate in connection with alcoholic beverage purchases that you have made and registered through the BYBE app (the “App”). By registering and processing rebates through the App, you are agreeing to these terms.

How is your data used?

BYBE collects data about your purchase transaction from the receipt submission so that BYBE can validate your compliance with all rebate rules, and process the payment of your rebate. We also share transaction data with relevant partners about the rebates earned through the App. The sharing of your data is governed by BYBE’s privacy policy (accessible at Privacy Policy)), which is made available through the App or BYBEapp.com.

Eligibility

You must be at least twenty-one (21) years old to participate in the BYBE rebate program service. In order to qualify for rebates administered by BYBE, you must comply with all rebate program rules, as set by the alcohol manufacturer that is sponsoring the rebate. This includes restrictions such as where the purchase was made, and household limitations on the numbers of rebates that may be redeemed.

Processing of Rebates

All alcoholic rebate offers processed through this service are processed by, and paid to you, by BYBE. Each time you redeem a rebate offer, once BYBE determines that you are eligible for the rebate, BYBE will distribute your rebate via one or more available payout options. You may also accumulate your rebates for payout at a later time.

User Rewards

  1. USER REWARDS GENERALLY

    BYBE makes available through the Service offers on certain third-party products and services (each an "Offer"). When you redeem an Offer through the Service, you will accumulate rewards in your BYBE account (“Rewards”). Each Offer may be subject to Additional Terms and may be discontinued by BYBE at any time. At any time and in BYBE’s sole discretion, BYBE may: (i) determine whether or not you are eligible to redeem an Offer; (ii) determine whether or not you have earned Rewards; or (iii) adjust your Rewards total. PRIOR TO DISTRIBUTION, AS DESCRIBED IN SECTION 5.2, ALL REWARDS SHALL REMAIN THE SOLE PROPERTY OF BYBE.

  2. DISTRIBUTIONS

    You may elect to have BYBE distribute your Rewards via one or more of the available payout options as shown in the BYBE mobile app. If you elect to close your BYBE account, you will be expected to distribute such Rewards prior to closing your account. If your account is terminated by BYBE, if you fail to properly distribute your Rewards when closing your account, any rights you have to the Rewards in your account will terminate and you will no longer be eligible to receive a distribution of such Rewards.

  3. REFERRAL BONUSES

    From time to time, BYBE may introduce special bonuses or incentives for users to refer others to BYBE, using a personal referral code or URL. Users shall not be eligible to earn these bonuses if they invite other users who share the same mobile device or if they create multiple accounts in an effort to earn referral bonuses for inviting themselves. Such actions violate these Terms of Use and shall be grounds for BYBE to terminate a User’s account, rescind any referral bonuses, reverse or correct user Rewards balances, or take other actions as appropriate. Where a user cannot produce examples of how referrals have taken place, including screenshots of where referrals were made, BYBE reserves the right to decline to award Referral Bonuses, rescind bonuses, demand repayment of Rewards credited, or take other remedial actions.

  4. TAXES

    Depending on applicable federal, state, and local tax laws, your distribution of Rewards may be subject to taxes. You will be solely responsible for any and all tax liability arising out of your receipt of Rewards.

  5. COMPLIANCE WITH LAW

    Under state escheatment law, or other applicable law, BYBE may be required to remit Rewards in your BYBE account to the state of your last known address if your BYBE account has not had any activity for a certain period of time. Your last known address will be determined by BYBE based on the zip code that you provided when creating your BYBE account. If we remit funds as required by law, you will need to contact the state directly to obtain the funds.

  6. Claims

    Rewards provided under USER REWARDS are provided solely by BYBE and not underwritten, sponsored, or provided by any other third-party, including BYBE's brand and retail partners. By accepting these Terms of Use you agree to not to seek Rewards or make any claims for Rewards against third-party providers, retailers or manufacturers of products and services.

Prohibited Conduct

BYBE may, in its sole discretion, block, suspend, or refuse to fulfill any rebate submission that BYBE deems to be fraudulent or abusive of the system. Accordingly, you are prohibited from doing any of the following:

  1. Redeeming, or attempt to redeem, rebate offers for products that have not actually been purchased, or for products that have been purchased but returned to a store or online vendor, following purchase;

  2. Redeeming, or attempt to redeem rebate offers that do not comply with the rebate program rules set by the rebate sponsor;

  3. Submit purchase receipts to BYBE that have already been uploaded by you or another individual;

  4. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the BYBE services;

  5. Intentionally interfere with or damage operation of the BYBE service by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;

  6. Using the BYBE service for any purpose that violates any law.

If you engage in any of the prohibited conduct listed above or otherwise violate any of these terms, your permission to use the BYBE services may automatically be terminated. BYBE may suspend or revoke your access to and use of the BYBE services, if necessary to comply with legal requirements or to protect the rights or interests of BYBE or any third party.

Accounts and Registration

To access most features of the Service you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your e-mail address or other contact information). You agree that the information you provide to us is and will be accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure for any reason (for example, in the event of a loss, theft or unauthorized disclosure or use of your password), then you agree to notify us immediately at info@BYBEapp.com .

A user may not create more than one (1) BYBE account. Each unique mobile device may not be associated with more than one (1) user accounts. Users who attempt to associate an excessive number of mobile devices with a single user account may be deemed to have violated these Terms of Use to the extent they are deemed by BYBE to have abused the Service. Additional verification for account may be asked upon redemption.

Intellectual Property Rights

All visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the services provided by BYBE are protected by United States copyright, trade dress, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws and are the property of BYBE or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to BYBE or its affiliates and/or third-party licensors.

Disclaimers; No Warranties

THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. BYBE SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIMS (I) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; OR (II) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BYBE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BYBE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE WHERE SUCH DAMAGES RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF BYBE TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE FACE VALUE OF ALL REWARDS PROCESSED ON ELIGIBLE OFFER THROUGH THE SERVICE IN THE 12 MONTHS PRECEDING SUCH CLAIM. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BYBE AND YOU.

Governing Law

This rebate program, and these terms, are governed by the laws of the State of Ohio. You agree that any legal claim that you have in connection with these terms and the rebate will be brought exclusively in the courts located in Franklin County, Ohio, and you submit to the jurisdiction of those courts.

Modification of the terms

We reserve the right, at our discretion, to change the Terms on a going forward basis at any time. Please check the Terms periodically for changes. Your continued use of the Service after the changes become effective constitutes your binding acceptance of such changes. In the event that a change to the Terms materially modifies your rights or obligations, we will make an effort to notify you of the change, such as by sending you an email to the address we have on file for you, or presenting a pop-up window or other notification to you through the Service when you log in. Immaterial modifications are effective upon publication, and material changes will be effective upon the earlier of (a) continued use of the Service with actual knowledge of the modification, or (b) thirty (30) days following the change. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the Terms in effect that the time the dispute arose.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:
BYBE INC
PO Box 1621
Columbus, OH 43216
E-mail: info@BYBEapp.com