Terms of Service

1 Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and BynarTek ("Company", "we", "us", or "our"), governing your access to and use of our website at bynartek.com, our software development services, and the Faces Memory application (collectively, the "Services").

By creating an account, purchasing a service, or otherwise using the Services, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy.

2 Description of Services

BynarTek provides:

• Software development services: custom web and mobile application development, UI/UX design, IT consulting, and related professional services delivered under separate project agreements or statements of work.
• Faces Memory application: a consumer application that allows users to capture, organise, and preserve personal memories and people profiles, with features including photo storage, memory prompts, collaborative sharing, and export tools.
• Website: informational content, contact forms, and business inquiry handling at bynartek.com.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time with reasonable notice, except where immediate action is required for security or legal compliance.

3 Eligibility

You must be at least 13 years of age (or 16 in jurisdictions with a higher age requirement) to use our Services. By using the Services, you represent and warrant that:

• You meet the minimum age requirement.
• You have the legal capacity to enter into a binding agreement.
• Your use of the Services does not violate any applicable law or regulation.
• If you are using the Services on behalf of a business, you have authority to bind that business to these Terms.

Users under 18 should use the Services only with the involvement and consent of a parent or guardian.

4 Account Registration & Security

To access certain features, you must register for an account. You agree to:

• Provide accurate, current, and complete registration information.
• Keep your account information up to date.
• Maintain the confidentiality of your password and not share it with others.
• Notify us immediately at support@bynartek.com if you suspect unauthorised access to your account.
• Accept responsibility for all activities that occur under your account.

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised or used in violation of these Terms.

5 User Content & Responsibilities

5.1 Ownership

You retain full ownership of all content you upload or create within our Services ("User Content"), including photos, notes, profiles, and memory data. We do not claim ownership over your content.

5.2 License to Us

By submitting User Content to our Services, you grant BynarTek a limited, non-exclusive, worldwide, royalty-free license to store, process, and display your content solely for the purpose of operating and providing the Services to you. This license terminates when you delete your content or close your account.

5.3 Your Responsibilities

You are solely responsible for your User Content. You represent and warrant that:

• You own the content or have the necessary rights and permissions to upload it.
• Your content does not infringe any third-party intellectual property, privacy, or other rights.
• Your content does not violate any applicable law.
• You have obtained consent from individuals whose personal data (including photos) you upload and store.

6 Acceptable Use Policy

You agree not to use the Services to:

• Upload, transmit, or distribute content that is unlawful, defamatory, obscene, harassing, threatening, or invasive of another's privacy.
• Infringe any intellectual property or proprietary rights of any party.
• Collect or store personal data of others without their explicit consent.
• Impersonate any person or entity or misrepresent your affiliation.
• Transmit spam, phishing content, malware, or any harmful code.
• Attempt to gain unauthorised access to our systems, other accounts, or any connected networks.
• Reverse engineer, decompile, or disassemble any part of the Services.
• Use automated tools (bots, scrapers, crawlers) to access the Services without our written permission.
• Resell, sublicense, or commercially exploit the Services without our written consent.
• Violate any applicable local, national, or international law or regulation.

We reserve the right to investigate violations and take appropriate action, including removing content, suspending accounts, or reporting to law enforcement.

7 Intellectual Property

7.1 Our Property

The Services, including the website, applications, source code, design, trademarks, logos, and all related content created by BynarTek, are owned by BynarTek and protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.

7.2 Feedback

If you provide us with feedback, suggestions, or ideas regarding our Services, you grant us a perpetual, irrevocable, royalty-free license to use that feedback without obligation to you.

7.3 Client Work Product

For custom software development engagements, intellectual property ownership of deliverables is governed by the separate project agreement or statement of work signed between you and BynarTek.

8 Fees & Payment

Certain Services are provided for a fee. By purchasing a paid service or subscription:

• You agree to pay all applicable fees at the rates in effect at the time of purchase.
• All fees are quoted and charged in the currency specified at checkout.
• Payment is processed by our third-party payment provider; we do not store your full card details.
• All fees are exclusive of applicable taxes (e.g., VAT) unless stated otherwise. You are responsible for any applicable taxes.
• Invoices are issued electronically and made available in your account.

For custom development services, payment terms, milestones, and schedules are defined in the separate project agreement.

9 Subscriptions & Cancellations

9.1 Subscription Plans

Some features of the Faces Memory application are available on a subscription basis. Subscriptions automatically renew at the end of each billing period unless cancelled.

9.2 Cancellation

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until the end of the paid period.

9.3 Refunds

We offer a 7-day refund for new subscriptions if you are not satisfied. After 7 days, fees are non-refundable except where required by applicable law. Refund requests must be submitted to support@bynartek.com.

10 Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand our data practices.

11 Third-Party Services

The Services may integrate with or contain links to third-party services (e.g., Apple App Store, Google Play, payment processors, authentication providers). These third parties have their own terms and privacy policies. BynarTek is not responsible for the practices or content of third-party services. Your use of third-party services is at your own risk.

12 Disclaimers & Warranties

We do not warrant that:

• The Services will be uninterrupted, error-free, or completely secure.
• Any defects will be corrected.
• The Services or servers are free of viruses or other harmful components.
• Results obtained from using the Services will be accurate or reliable.

Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.

13 Limitation of Liability

Our total aggregate liability to you for any claims arising out of or related to these Terms or the Services shall not exceed the greater of (a) the amount you paid to BynarTek in the 12 months preceding the claim, or (b) USD 100.

The limitations above apply regardless of the form of action, whether in contract, tort, or otherwise, and even if BynarTek has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of certain liabilities, so these limitations may not fully apply to you.

14 Indemnification

You agree to indemnify, defend, and hold harmless BynarTek and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your access to or use of the Services.
• Your User Content.
• Your violation of these Terms or any applicable law.
• Your violation of any third-party rights, including intellectual property or privacy rights.

15 Termination

15.1 By You

You may terminate your account at any time by deleting it through account settings or by contacting us. Upon termination, your data will be deleted in accordance with our Privacy Policy.

15.2 By Us

We may suspend or terminate your access to the Services at any time, with or without notice, if we reasonably believe you have violated these Terms, engaged in fraudulent or illegal activity, or pose a security risk. We will endeavour to provide advance notice where practicable.

15.3 Effect of Termination

Upon termination, your right to use the Services ceases immediately. Sections 5.1, 7, 12, 13, 14, and 16 survive termination.

16 Dispute Resolution & Governing Law

16.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Socialist Republic of Vietnam, without regard to conflict of law principles.

16.2 Informal Resolution

Before filing a formal dispute, we encourage you to contact us at support@bynartek.com so we can attempt to resolve the matter informally. We will respond within 30 days.

16.3 Jurisdiction

Any dispute that cannot be resolved informally shall be submitted to the exclusive jurisdiction of the competent courts of Ho Chi Minh City, Vietnam. If you are a consumer located in a country with mandatory consumer protection laws that require local jurisdiction, those laws will take precedence.

17 Changes to These Terms

We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. We will notify you of material changes by:

• Posting the updated Terms on this page with a new "Last Updated" date.
• Sending an email notification to registered users at least 14 days before changes take effect.

Your continued use of the Services after the effective date of changes constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Services and may request account deletion.

18 Contact Us

If you have questions, concerns, or feedback about these Terms, please contact us: