TERMS OF USE
These terms of use (“Terms”) govern the use of the BYTEPAD Application, website and the
Services (defined below). These Terms also include BYTEPAD’s privacy policy (“Privacy Policy”),
and any guidelines, additional terms, policies, and disclaimers made available or issued by
BYTEPAD from time to time. These Terms constitute a binding and enforceable legal contract
between BYTEPAD and its affiliates and subsidiaries worldwide (“BYTEPAD”, “we”, “us”,”BYTEDEX” or "our")
and you, an end user of the Services (“you” or “User”) in relation to the Services. By using the
Services, you agree that you have read, understood, and are bound by these Terms, as amended
from time to time, and that you comply with the requirements listed herein. If you do not agree
to all of these Terms or comply with the requirements herein, please do not access or use the
Services. BYTEPAD reserves the right, at its sole discretion, to amend, change, modify, add or
remove portions of these Terms of Use at any time. It is your responsibility to check these terms
periodically for changes. The current version of these terms is available at BYTEPAD.world. Your
continued use of the Services following the published updates to the terms will mean that you
accept and agree to the changes.
1. SERVICES
a. The BYTEPAD platform (“Platform”) facilitates token swaps. Projects may make
available their native tokens (“IEO”) to the Users of the Platform to be swapped for
other crypto assets. Users may use the Platform to gain access to the tokens offered
through the Platform (“Services”), which includes the underlying application, all services
available through the Application, and all free trials and beta services made available by
BYTEPAD.
b. In order to avail access to the platform, the User shall deposit a certain amount of
Byte Exchange Token (BEXT) as per the given instructions.
c. The User is required to connect their wallet to the Platform to gain access to the IEO sale.
We are not responsible for any loss or damage that may arise from such integration,
including any loss arising from any purchase of tokens from the IEO. d. You understand
that the Platform only permits access to the IEO and in no way guarantees and
warrants performance of such token post purchase through the Platform.
d. During the public investment round of the Platform, users can invest their own funds on
the platform via the Byte Exchange Infrastructure, that is available at
https://bytepad.bytedex.io/
2. ACCESS TO THE SERVICES
a. By using the Services, you represent and warrant that:
I. you have full legal capacity and authority to agree and bind yourself to these
Terms;
II. you are eighteen years of age or older;
III. your use of the Services is (A) not prohibited by applicable law, and (B) at all
times compliant with applicable law;
IV. and are solely responsible for use of the Services and, if applicable, for all
activities that occur on or through your User Account.
b. You should take steps to ensure the confidentiality of your personal information and
restrict access to the devices you use to access the Platform.
3. YOUR RESPONSIBILITIES
a. You shall not use the Services in any manner except as expressly permitted in these
Terms. Without limiting the generality of the preceding sentence, you may not:
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I. infringe any proprietary rights, including but not limited to copyrights, patents,
trademarks, or trade secrets of BYTEPAD;
II. use the Services to transmit any data or send or upload any material that
contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware,
adware, or any other harmful programs or similar computer code designed to
adversely affect the operation of any computer software or hardware;
III. use any robot, spider, other automated device, or manual process to monitor or
copy the Services or any portion thereof other than copying or exporting as
permitted by the Terms;
IV. make any back-up or archival copies of the Platform or any part thereof, including
disassembling or de-compilation of the Platform;
V. use the Services in (A) any unlawful manner, (B) for fraudulent or malicious
activities, or (C) in any manner inconsistent with these Terms;
VI. or violate applicable laws in any manner. This license shall automatically
terminate if you violate any of these restrictions and may be terminated by
BYTEPAD at any time. Upon terminating your viewing of these materials or upon
the termination of this license, you must destroy any downloaded materials in
your possession whether in electronic or printed format.
b. You warrant that you are aware of applicable laws and regulations governing your
use of the Services. You shall be solely responsible for ensuring compliance with the
various applicable laws, and you shall be solely liable for any liability that may arise
due to a breach of your obligations in this regard.
c. You must keep secret all credentials associated with the Services. You are solely
responsible for managing and maintaining the security of any information relating to
such credentials and agree that BYTEPAD shall not be held responsible (and you
shall not hold us responsible) for any unauthorized access to the Services or any
resulting harm you may suffer.
d. You agree to notify us immediately of any unauthorized access to or use of your user
name or password or any other breach of security. You also agree to ensure that you
exit from your account at the end of each session. You should use particular caution
when accessing your account from a public or shared computer so that others are
not able to view or record your password or other personal information.
e. Your access to one or more Services may be contingent upon satisfaction of our
onboarding processes, which may include verification of your identity and additional
information we may request from time-to-time. The information we request may
include, without limitation, personally identifiable information such as network
address, name, email, address, telephone number, date of birth, taxpayer
identification or social security number, official government issued photo
identification, and bank account information or other information we may reasonably
deem helpful in satisfying our risk management or legal obligations. In providing this
information to us you represent that it is accurate and agree to update your
information promptly, but in no event later than 14 days following any change in your
information. Failure to provide information or update it promptly may result in
Services or funds being unavailable to you. Any and all communications from
BYTEPAD may be provided to you via electronic mail at the address you provided
when accessing the Services. BYTEPAD shall not be responsible for any harm you
may suffer as a result of your failure to receive any notice provided to you in
connection with your use of Services so long as such notice is provided to such
email address. BYTEPAD may also communicate with you through other methods,
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including via telephone call, instant messaging or chat applications either operated
by BYTEPAD or a third party.
f. We may close, terminate, enable or disable any or all of the Services, or your access
to the Services at any time and for any reason.
g. You shall extend all cooperation, at your cost, to BYTEPAD in its defense of any
proceedings that may be initiated against it due to a breach of your obligations or
covenants under these Terms.
4. BYTEPAD’S INTELLECTUAL PROPERTY
a. All rights, title, and interest in and to the Services, including all intellectual
property rights arising out of the Services, are owned by or otherwise licensed to
Bytedex Technologies OÜ Subject to your compliance with these Terms, BYTEPAD grants you a
non-exclusive, non-sub licensable, and limited license to (i) use the Services in
the permitted hereunder.
b. Except as stated in these Terms, nothing in these Terms should be construed as
conferring any right in or license to BYTEPAD’s or any third party’s intellectual
rights. c. You may provide suggestions and other feedback, including bug
reports, in relation to the Services from time to time (“Feedback”). BYTEPAD may
freely use, copy, disclose, publish, display, distribute, and exploit the Feedback
without any payment of royalty, acknowledgement, prior consent, or any other
form of restriction arising out of your intellectual property rights.
5. THIRD PARTY SERVICES
a. The Services may include services, content, and information owned, made
available, or otherwise licensed by a third party (“Third Party Services”) or
contain links to Third Party Services. You understand that Third Party
Services are the responsibility of the third party that created or provided it
and acknowledge that the use of such Third Party Services is solely at your
own risk.
b. We do not control, endorse or adopt any Third Party Content and have no
responsibility for Third Party Content, including, without limitation, material
that may be misleading, incomplete, erroneous, offensive, indecent or
otherwise objectionable in your jurisdiction. In addition, your dealings or
correspondence with such third parties are solely between you and the third
party. We are not responsible or liable for any loss or damage of any sort
incurred as a result of any such dealings and your use of Third Party Content
is at your own risk. We endeavor to verify the accuracy of any information
displayed, supplied, passing through or originating from the Services, but
such information may not always be accurate or current. Accordingly, you
should independently verify all information before relying on it, and any
decisions or actions taken based upon such information are your sole
responsibility. We make no representation or warranty of any kind, express or
implied, statutory or otherwise, regarding the contents of the Services,
information and functions made accessible through the Services, any
hyperlinks to third party websites, or the security associated with the
transmission of information through the Services, or any website linked to the
Services.
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c. BYTEPAD makes no representations and excludes all warranties and
liabilities arising out of or pertaining to such Third Party Services, including its
accuracy or completeness.
d. All intellectual property rights in and to Third Party Services are the property
of the respective third parties.
6. USER CONTRIBUTIONS
You represent and warrant that you own or control all rights in and to any content including,
without limitation, all data you input into the Services. You understand and acknowledge that
you are responsible for any data you submit to the Services, and you, not BYTEPAD, have full
responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL BYTEPAD, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR
RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE
FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR
CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR
UNAUTHORIZED USE OF THE SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED
REPRESENTATIVE OF BYTEPAD HAS BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN
OF THE POSSIBILITY OF SUCH DAMAGES. FOR EXAMPLE (AND WITHOUT LIMITING THE
SCOPE OF THE PRECEDING SENTENCE), YOU MAY NOT RECOVER FOR LOST PROFITS, LOST
BUSINESS OPPORTUNITIES, OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT,
INTANGIBLE, OR CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL WE BE REQUIRED
TO DELIVER TO YOU ANY VIRTUAL CURRENCY AS DAMAGES, MAKE SPECIFIC PERFORMANCE
OR ANY OTHER REMEDY. IF YOU WOULD BASE YOUR CALCULATIONS OF DAMAGES IN ANY
WAY ON THE VALUE OF VIRTUAL CURRENCY, YOU AND WE AGREE THAT THE CALCULATION
SHALL BE BASED ON THE LOWEST VALUE OF THE VIRTUAL CURRENCY DURING THE PERIOD
BETWEEN THE ACCRUAL OF THE CLAIM AND THE AWARD OF DAMAGES. BYTEPAD SHALL
NOT BE LIABLE FOR ANY DAMAGES CAUSED IN WHOLE OR IN PART BY (A) UNSUPPORTED
SOFTWARE OR HARDWARE; (B) THE MALFUNCTION, UNEXPECTED FUNCTION OR
UNINTENDED FUNCTION OF ANY COMPUTER OR CRYPTOCURRENCY NETWORK, INCLUDING
WITHOUT LIMITATION LOSSES ASSOCIATED WITH NETWORK FORKS, REPLAY ATTACKS,
DOUBLE-SPEND ATTACKS, SYBIL ATTACKS, 51% ATTACKS, GOVERNANCE DISPUTES, MINING
DIFFICULTY, CHANGES IN CRYPTOGRAPHY OR CONSENSUS RULES, HACKING OR
CYBERSECURITY BREACHES; (C) THE CHANGE IN VALUE OF ANY DIGITAL ASSET; (D) ANY
CHANGE IN LAW, REGULATION OR POLICY, OR (E) FORCE MAJEURE EVENT. THIS LIMITATION
OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS
OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.
8. INDEMNITY
You agree to indemnify and hold harmless BYTEPAD, its affiliates, subsidiaries, licensors, and
their respective directors, officers, members, managers, employees, and agents from and
against any and all claims and expenses arising out of your use of the Services, a breach of any
provision of these Terms by you or any person using the Services on your behalf, a breach by
you of any applicable laws, or any third-party claim to the extent arising from or connected with
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an allegation that your use of the Services in accordance with these Terms infringes any rights
of a third party.
9. DISCLAIMER
BYTEPAD DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS AND WARRANTIES,
WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA
ACCURACY, SYSTEM INTEGRATION, TITLE, NON-INFRINGEMENT AND/OR QUIET ENJOYMENT,
AND ANY SERVICES PROVIDED BY BYTEPAD ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOU ACKNOWLEDGE THAT BYTEPAD MAKES NO
WARRANTIES UNDER THIS AGREEMENT DIRECTLY FOR THE BENEFIT OF ANY END USER, AND
THAT BYTEPAD’S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF YOU
ONLY, AND NOT FOR THE BENEFIT OF ANY OTHER PERSON. IN ENTERING INTO THIS
AGREEMENT, YOU REPRESENT THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION
OR WARRANTY OF BYTEPAD OR ITS AFFILIATES EXCEPT AS EXPRESSLY SET FORTH IN THIS
AGREEMENT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO
THE SERVICES SHALL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. You
understand that we cannot and do not guarantee or warrant that files available for downloading
from BYTEPAD will be free of viruses or other destructive code. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular requirements for
anti-virus protection and accuracy of data input and output, and for maintaining a means
external to the Platform for any reconstruction of any lost data.
10. WARRANTIES
a. BYTEPAD merely facilitates access to the IEOs and does not provide you with any
warranty or representation whatsoever regarding its quality, fitness for purpose,
completeness or accuracy.
b. BYTEPAD shall make all commercially reasonable attempts to facilitate information
about the IEOs on the platform (“Project Information”). However, you understand that
BYTEPAD does not (i) guarantee the accuracy, timeliness, or completeness of such
information, (ii) provide any warranties in connection with your use or reliance on such
information. You agree that your use of the Project Information at your own risk.
BYTEPAD shall not be liable to you in any manner for the termination, interruption, delay,
or inaccuracy of any Portfolio Information.
c. BYTEPAD is merely a technology platform, and does not provide any legal, tax,
investment, financial, or other advice and no information provided by BYTEPAD in
connection with the Services should be construed as such.
d. You agree that your use of the Services is at your sole risk. To the extent permitted by
applicable law, the Services are provided on an “as is” and “as available” basis. BYTEPAD
does not warrant that the functions contained in the Services will meet your
requirements. You hereby accept full responsibility for any consequences that may arise
from your use of the Services, and expressly agree and acknowledge that BYTEPAD shall
have absolutely no liability in this regard.
e. BYTEPAD does not warrant or represent that the Services will be compatible with any
third party hardware or software. It shall be your responsibility to ensure compatibility of
the Services prior to use. Additionally, BYTEPAD shall not be held responsible for any
actual, incidental or consequential damages that may result from any use or inability to
use any third-party peripherals with the Services.
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f. To the fullest extent permissible under applicable law, BYTEPAD expressly disclaims all
warranties of any kind, express or implied, arising out of the Services, including
warranties of merchantability, fitness for a particular purpose, satisfactory quality,
accuracy, title and noninfringement, compatibility, applicability, usability,
appropriateness, and any warranty that may arise out of course of performance, course
of dealing, or usage of trade.
g. To the fullest extent permissible by law, BYTEPAD, its affiliates, and their related parties
each disclaim all liability to you for any loss or damage arising out of or due to:
I. I. your use of, inability to use, or availability or unavailability of the Services,
including any third party services made available through the Services;
II. the occurrence or existence of any defect, interruption, deletion of files, delays in
the operation or transmission of information to, from, or through the Services,
communications failure, theft, destruction or unauthorised access to BYTEPAD’s
records, programs, services, server, or other infrastructure relating to the
Services;
III. the Services being infected with any malicious code or viruses; or IV. the failure
of the Services to remain operational for any period of time.
11. PRIVATE INVESTMENTS IN THE PLATFORM
a. On the Platform, the user has the opportunity to invest their own funds as part of a
private round of investment in the Platform. In response to the fact of investment, the
Platform undertakes to issue and transfer tokens to the user at the announced price for
the private round. The date of the token issue (TGE) is defined in the documentation on
the Platform's website.
b. Users who have invested funds in a private round receive significant preferences when
using the Platform's services.
c. A refund to the user of the funds that he invested in the private round in the Platform is
possible upon the written application of the user in the case of:
I. if the user has not used the Platform's services and at least 3 months have
passed since the fact of investing;
II. if the Platform has not issued or transferred the tokens of the platform to the
user within 1 year from the date of the announcement of the planned date of
issue of tokens (TGE);
d. If the user used the platform's services, the commission for termination of the
investment agreement is 50% of the invested amount.
12. RISK OF DIGITAL ASSETS AND DECENTRALIZED NETWORKS
Please note that all transactions involving digital assets involve substantial risks. You should
therefore carefully consider whether using our Services is suitable for you in light of your
financial condition. In considering whether to hold digital assets, you should be aware that the
price or value of digital assets can change rapidly, decrease, and potentially even fall to zero.
Past performance is not an indicator of future performance. You acknowledge that we are not
responsible for any loss of your digital asset resulting from theft, loss, or mishandling of digital
asset private keys outside our control. We are not responsible for any digital asset market and
we make no representations or warranties concerning the real or perceived value of digital
assets as denominated in any quoted currency. Although we may provide historical and/or realtime data regarding the price of digital assets, we make no representations regarding the
quality, suitability, truth, usefulness, accuracy, or completeness of such data, and you should not
rely on such data for any reason whatsoever. You understand and agree that the value of digital
assets can be volatile, and we are not in any way responsible or liable for any losses you may
incur by using or transferring digital assets in connection with our Services. We do not provide
investment advice and any content contained on the Platform should not be considered as a
substitute for tailored investment advice. The contents of the Platform and the Services should
not be used as a basis for making investment decisions.
13. CONFIDENTIAL INFORMATION
You acknowledge that the Services contain BYTEPAD’s and its licensors’ trade secrets and
confidential information. You agree to hold and maintain the Services in confidence, and not to
furnish any other person with a copy of the Services or Platform. You agree to use a reasonable
degree of care to protect the confidentiality of the Services. You will not remove or alter any of
BYTEPAD’s or its licensors’ proprietary notices. Your obligations under this Clause continue
even after these Terms have expired or been terminated.
14. TERMS AND TERMINATION
a. These Terms shall remain in effect unless terminated in accordance with the terms
hereunder.
b. BYTEPAD may terminate, suspend, or modify your access to the Services, or any portion
thereof, immediately and at any point, at its sole discretion if it is of the view that you
violate or breach any of your obligations, responsibilities, or covenants under these
Terms. BYTEPAD will not be liable to you or to any third party for any termination,
suspension, or modification of your access to the Services.
15. CONSENT TO USE DATA
a. You agree that BYTEPAD may in accordance with its Privacy Policy collect and use your
information and technical data and related information.
b. BYTEPAD may use information and anonymised data pertaining to your use of the
Services for analytics, trends’ identification, and purposes of statistics to further
enhance the effectiveness and efficiency of the Services.
c. You hereby expressly authorise BYTEPAD to disclose any and all information relating to
you in BYTEPAD’s possession to any law enforcement or other government officials, if
BYTEPAD believes it is necessary or appropriate in connection with the investigation or
resolution of possible crimes. You further understand that BYTEPAD might be directed
to disclose any such information as may be deemed necessary to satisfy any
investigation, judicial order, law, regulation, or valid governmental request.
d. You acknowledge that in the event of any security breach on the Platform, BYTEPAD
reserves the right to make necessary disclosures to applicable authorities established
under law.
16. KNOW YOUR CUSTOMER (“KYC”) AND ANTI-MONEY LAUNDERING (“AML”) POLICY
a. BYTEPAD is a platform for token sales using the Byte Exchange Infrastructure.and KYC is a must on Byte Exchange to obtain tokens and withdraw or use them.
b. Although BYTEPAD makes no warranty as to the merit, legality or juridical nature of any
token (including whether or not it is considered a security or financial instrument under
any applicable securities laws), we nonetheless understand the need of some token
projects to require KYC/AML on their token sale participants.
c. Therefore, and at the sole behest of fundraising entities and/or competent regulatory
authorities, BYTEPAD reserves the right:
I. at any time, to ask for any KYC documentation it deems necessary to determine
the identity and location of a User, and reserves the right to restrict Service and
payment until identity is sufficiently determined;
II. to share submitted KYC information and documentation to 3rd parties to verify
the authenticity of submitted information, and the end user (you) agree to this by
using the Service;
III. to confiscate any and all funds that are found to be in violation of relevant and
applicable AML and countering terrorism financing (“CFT”) laws and regulations,
and to cooperate with the competent authorities when and if necessary. b.
BYTEPAD expressly prohibits and rejects the use of the Service for any form of
illicit activity, including money laundering, terrorist financing or trade sanctions
violations, consistent with various jurisdictions’ laws, regulations and norms. To
that end, the Service is not offered to individuals or entities on any Politically
Exposed Persons (“PEP”) lists, or subject to any United States, European Union,
or other global sanctions or watch lists. By using the Service, you represent that
you are not on any such lists.
17. FORCE MAJEURE
BYTEPAD shall have no liability to you if it is prevented from or delayed in performing its
obligations or from carrying on its business, by acts, events, omissions or accidents beyond its
reasonable control, including, without limitation, strikes, failure of a utility service or
telecommunications network, act of God, war, riot, civil commotion, malicious damage,
compliance with any law or governmental order, rule, regulation, or direction.
18. MISCELLANEOUS PROVISIONS
a. Modification: BYTEPAD reserves the right at any time to modify these Terms and to add
new or additional terms or conditions on your use of the Services. Such modifications
and additional terms and conditions will be communicated to you and, unless expressly
rejected (in which these Terms shall terminate), will be effective immediately and will be
incorporated into these Terms. In the event, you refuse to accept such changes, these
Terms and licence will terminate.
b. Severability: If any provision of these Terms is determined by any court or other
competent authority to be unlawful or unenforceable, the other provisions of these
Terms will continue in effect. If any unlawful or unenforceable provision would be lawful
or enforceable if part of it were deleted, that part will be deemed to be deleted, and the
rest of the provision will continue in effect (unless that would contradict the clear
intention of the clause, in which case the entirety of the relevant provision will be
deemed to be deleted).
c. Third Party Rights: No third party shall have any rights to enforce any terms contained
herein.
d. Taxes. It is your responsibility to determine what, if any, taxes apply due to your use of
the Services, and it is your responsibility to report and remit the correct tax to the
appropriate tax authority. BYTEPAD is not responsible for determining and will not
advise whether taxes apply to your use of the Services.
e. Waiver. No waiver by BYTEPAD of any term or condition set forth in these Terms of Use
shall be deemed a further or continuing waiver of such term or condition or a waiver of
any other term or condition, and any failure of BYTEPAD to assert a right or provision
under these Terms of Use shall not constitute a waiver of such right or provision.
f. Assignment. These Terms of Use shall be binding on your successors, heirs, personal
representatives, and assigns. You may not assign or transfer any of your rights or
obligations without prior written consent of BYTEPAD, which may be withheld in
BYTEPAD’s sole discretion. We may assign rights or delegate duties under these Terms
of Use in our sole discretion.
g. Contact Information. You may contact us [email protected]
19. CHANGES TO TERMS OF USE
a. BYTEPAD shall be permitted to make amendments to the Terms from time to time. You
will be deemed to have accepted such amended Terms by indicating your acceptance on
BYTEPAD. Any further actions which you make will be subject to the Terms in effect at
that time. If you object to any changes, you may stop using BYTEPAD. Your continued
use of BYTEPAD after we publish or otherwise provide notice about our changes to the
Terms means that you are consenting to the updated Terms.
b. b. We keep the Terms under regular review. These Terms were last updated on November
07, 2022.
