Terms of Service

1. Scope of These Terms

These Terms apply to the ByeRisk United States site (the “US site”), meaning the website and web application available at www.byerisk.com/us in English-language and Chinese-language interfaces, the ByeRisk mobile apps when used with the US site, and the memberships and credits purchased for the US site. These Terms incorporate the Privacy Policy and any terms presented to you when you make a purchase.

Your ByeRisk account can also be used on other ByeRisk sites, such as the China site and the Indonesia site. Your use of those sites is governed by the terms published for them, not by these Terms. Where these Terms differ from the general English-language ByeRisk Terms of Service, these Terms govern your use of the US site.

2. About the Service

ByeRisk is a content compliance review platform. The US site helps sellers, creators and marketers identify compliance risks in English-language content intended for publication in the United States before they publish it. The Service is designed to provide the following types of review:

• TikTok (US): review of text (such as scripts, captions and product copy), images and videos. Video review includes speech-to-text transcription of the narration, which is then reviewed as text;
• E-commerce (Amazon and independent online stores): review of text, such as product listings and product page copy;
• Advertising platforms (such as Meta, Google and TikTok advertising): review of ad text and ad images;
• Review history, custom keyword libraries and supporting features.

Features are introduced progressively, and not every type of review listed above may be available at a given time. What the US site offers at any time is what its product pages describe. We may add, change or remove features. The English-language and Chinese-language interfaces provide the same Service: in both, the content reviewed is English-language content, and review explanations are shown in the language of the interface you use.

3. Acceptance and Eligibility

Acceptance. You accept these Terms when you create an account or sign in after being shown a notice that doing so means you agree to them, or when you otherwise use the Service. If you do not accept them, do not use the Service.

Age. You must be at least 18 years old, or the age of majority in the place where you live if that is higher, to use the Service. The Service is not directed at children; see the Privacy Policy.

Capacity. You must have the legal capacity to enter into a binding contract under the law that applies to you. If you use the Service on behalf of a company or other organization, you confirm that you are authorized to bind it, and “you” in these Terms means that organization.

Business and professional use. The Service is designed for businesses and for individuals acting for commercial or professional purposes, such as selling products, creating sponsored or commercial content, or managing advertising. By using the Service, you represent that you use it for such purposes and not primarily for personal, family or household purposes. This does not limit any right that cannot be waived under the law that applies to you.

Sanctions and export controls. You may not use the Service if you are located in, or ordinarily resident in, a country or region subject to comprehensive U.S. sanctions (currently including Cuba, Iran, North Korea, and the Crimea, so-called Donetsk People’s Republic and so-called Luhansk People’s Republic regions of Ukraine), or if you are on, or owned or controlled by a party on, a U.S. government list of prohibited or restricted parties, such as the Specially Designated Nationals List. You may not use the Service in violation of U.S. export control or sanctions laws.

One account, separate sites. One ByeRisk account can be used to sign in to ByeRisk sites for different countries. Memberships, credits and other benefits, however, are valid only on the site where they were obtained: those obtained on the US site cannot be used on any other ByeRisk site, and those obtained on other ByeRisk sites cannot be used on the US site. Each site has its own pricing.

4. Accounts

Registration. In the English-language interface, you can register with an email address verified by a one-time code, or through Google sign-in. In the Chinese-language interface, you can register with a mobile number, an email address, or WeChat. You are responsible for the accuracy of the information you provide. We may refuse or limit registrations to prevent abuse.

Account security. You are responsible for all activity carried out through your account, and for keeping your password and verification codes confidential. Do not share your sign-in credentials with anyone outside the members of your team. Notify us immediately if you believe your account has been accessed without your authorization.

Closing your account. You may close your account at any time from within the product. When you do, automatic renewal of any plan purchased by card on our website is turned off, so you will not be charged again; plans purchased in the iOS app renew through Apple, and you must cancel them in your Apple Account settings. There is a 30-day grace period during which the account can be restored; after that, account data is deleted or de-identified as described in the Privacy Policy. Remaining credits and membership benefits end when the account is closed and are not refunded, except where applicable law requires otherwise.

5. Nature of the Service and Important Limitations

A tool, not legal advice. ByeRisk review results are an automated technical reference. They do not constitute legal advice, a legal opinion, or any guarantee of compliance. We are not a law firm, we do not provide legal services, and using the Service does not create an attorney–client relationship. For a legal question, consult a lawyer licensed in the relevant jurisdiction.

No guaranteed outcome. Content that the Service marks as passing may still be rejected, restricted or removed by a platform, and may still lead to legal or regulatory consequences. Conversely, content flagged as risky is not necessarily a violation. The decision to publish is yours, and so are its consequences.

Inherent limitations. You understand and accept the following:

• The rule library reflects laws, regulations and platform policies as they stood when it was written, and necessarily lags behind the latest changes;
• The rule library focuses on marketing claims under U.S. federal requirements and platform policies. Its coverage is most extensive for health, beauty and wellness products, and it also addresses common claims for baby, apparel and textile, jewelry, home and cleaning, and pet products. It does not cover every product category or every type of claim, and it does not currently reflect state or local requirements;
• Some assessments use AI models, which produce both false positives (safe content flagged) and false negatives (real risks missed);
• Speech-to-text transcription can be inaccurate, especially with poor audio quality, strong accents or mixed languages;
• Image review identifies visual risk categories; it is not designed to read and assess text contained in an image.

Suggested rewrites. Suggested rewrites and other AI-generated output are drafts for you to review. They may be inaccurate, may change the meaning of your content, and may themselves contain claims that require substantiation. Review and edit any output before you use it. You are responsible for the claims you make, including having adequate substantiation for them.

Not affiliated with platforms or authorities. ByeRisk is not affiliated with, endorsed by or sponsored by TikTok, Amazon, Meta, Google or any other platform, or by any regulator or authority named in the Service. Their names belong to their owners and are used only to identify the policies and laws our reviews refer to. Platforms and authorities make their own decisions, which we cannot predict or influence.

Final responsibility. You remain responsible for the content you publish, the products you sell and the advertising you run, and for their compliance with applicable law and platform policies.

6. Your Obligations

You will comply with all laws and platform policies that apply to your content and your use of the Service. You agree not to:

• Upload content you have no right to submit, including other people’s personal information without a lawful basis;
• Submit content that is unlawful, infringes anyone’s rights, sexually exploits minors, or contains malicious code;
• Use the Service to develop, test or refine material intended to evade lawful regulation or platform enforcement;
• Describe any content, product or business as approved, certified, cleared or guaranteed by ByeRisk, or otherwise use our name, logo or review results to suggest that we endorse it;
• Attempt to access accounts, data or systems that are not yours, or to probe, scan or overload our infrastructure;
• Reverse engineer, decompile or attempt to extract the source code, rule libraries, prompts or models underlying the Service, except to the extent applicable law expressly permits;
• Scrape, resell, sublicense or otherwise redistribute the Service or its output as a competing product, or use the Service or its output to build or train a competing product, rule library or model;
• Use automated means to submit volumes of work that materially exceed normal use of your plan;
• Circumvent credit deductions, plan limits or any other technical restriction, or create multiple accounts to obtain promotional credits or other benefits more than once.

7. Your Content

Ownership. You retain all rights in the content you submit. We claim no ownership of it.

The license you grant us. You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit and display your content as needed to provide, maintain, secure and improve the Service, including running reviews, generating suggested rewrites, showing you your history, diagnosing faults, preventing abuse, and improving the accuracy of our rule libraries and detection. We do not publish your content or make it available to other users. The license ends when you delete the content or close your account and the content is deleted as described in the Privacy Policy, except for copies retained in routine backups until they expire and for information that has been de-identified or aggregated so that it no longer identifies you or reproduces your content.

Your responsibility for your content. You are solely responsible for your content. You represent that you have all rights needed to submit it and to grant the license above, and that submitting it does not violate any law or anyone’s rights.

Where it is processed. Providing the Service involves sending your content to the service providers listed in the Privacy Policy, which are located in the People’s Republic of China. Do not submit content that you are not permitted to transfer there.

Aggregated data and feedback. We may compile de-identified and aggregated statistics about use of the Service, such as how often a type of claim is flagged, and use them for any lawful purpose, provided they do not identify you or reproduce your content. If you send us suggestions or feedback, we may use them without restriction or obligation to you.

8. Memberships, Credits and Payment

Currencies and payment methods. The currency you pay in depends on the interface you use. In the English-language interface, prices are listed and charged in U.S. dollars (USD) through Stripe. In the Chinese-language interface, prices are listed and charged in Chinese yuan (CNY / ¥) through WeChat Pay or Alipay. Each interface offers only its own payment methods. Prices in the two currencies are set separately and are not currency conversions of each other. The amount shown on the pricing page of the interface you use is the amount charged. Your bank or card issuer may charge a currency conversion or foreign transaction fee, which is outside our control. Purchases in the ByeRisk iOS app work differently; see “Purchases in the iOS app” below.

One membership, US site only. Whichever currency you pay in, you receive the same US site membership or credits. They can be used only on the US site, and cannot be transferred to or used on any other ByeRisk site.

Automatic renewal of plans purchased by card. In the English-language interface, plans are paid by card through Stripe and are subscriptions that renew automatically until you cancel. Before you subscribe, the checkout page shows the price, the renewal period and how to cancel, and asks you to agree to these renewal terms. When you subscribe, you are charged the price shown for the first period, less any voucher or credit that applies to it. At the end of each monthly or annual period, your plan renews automatically for another period of the same length, and the card you provided is charged the renewal price, until you cancel. The renewal price is the price of your plan when you subscribed or last changed plans. If you turn on automatic renewal while a plan you previously purchased is still active, you are not charged at that time; the first charge is made when the current period ends. After you subscribe, we email you a confirmation of these renewal terms and how to cancel. We also email you a reminder before each renewal of an annual plan, and at least once a year for a monthly plan. You can cancel at any time online, under “Manage subscription” on the membership page, without contacting us. A cancellation takes effect at the end of the period already paid for; you keep access until then, and no further charges are made. Closing your account also turns off automatic renewal. If you upgrade a plan that renews automatically, the price difference shown before you confirm is charged to the same card immediately, a new period begins on the day of the upgrade, and later renewals are charged at the new plan’s price. If a renewal charge fails, we may retry it, and your plan ends if payment cannot be collected. Purchases made in the Chinese-language interface through WeChat Pay or Alipay, and all credit pack purchases, are one-time payments and do not renew automatically.

Purchases in the iOS app. In the ByeRisk iOS app, plans and credit packs are sold only through Apple’s in-app purchase system. Apple charges the payment method associated with your Apple Account, in the currency and at the price shown in the App Store, which may differ from the prices on our website. Plans purchased in the iOS app are auto-renewable subscriptions: a subscription renews automatically at the end of each monthly or annual period unless you turn off automatic renewal at least 24 hours before the end of the current period. You can manage or cancel the subscription in your Apple Account settings, and a cancellation takes effect at the end of the period already paid for. Refunds of in-app purchases are handled by Apple under its own terms, and we cannot issue them. What you receive is the same US site plan or credits described above. Purchases are not currently available in the ByeRisk Android app; you can make them on our website, where the terms above for purchases on our website apply.

Plans. A plan runs for the monthly or annual period you purchase and grants a credit allowance for each cycle. Unused plan credits do not carry over; they are reset at the start of the next cycle.

Credits. Credits are an internal unit of use, not a payment instrument or stored value. They have no cash value and cannot be withdrawn, transferred, or exchanged for money. Purchased credit packs are valid for 12 months from the date of purchase, after which unused credits expire, except where the law that applies to you requires a longer period or prohibits expiration, in which case that law applies. Credits are deducted when you submit a review; if a review fails because of a fault on our side, the credits are returned to your balance automatically.

Promotional credits. Credits we provide free of charge, such as on registration, as a site trial, for invitations or for daily check-ins, are promotional. They have no cash value, are limited to one per person unless stated otherwise, expire after the period shown in the product, and may be changed or discontinued for the future at any time. We may withhold or remove promotional credits obtained through multiple accounts, automated means or other abuse.

Taxes. Prices do not include taxes unless stated otherwise. You are responsible for any sales, use, value-added or similar taxes that apply to your purchases, other than taxes on our net income, and we may collect them where required by law. Taxes on purchases in the iOS app are handled by Apple.

Payment authorization and chargebacks. You authorize us and our payment providers to charge the payment method you provide for all amounts due, including renewal charges under the automatic renewal terms above. If you dispute a charge with your bank or card issuer without first contacting us, or a payment is reversed, we may suspend your access until the matter is resolved. This does not limit your rights under the rules of your card network or applicable law.

Refunds. Because the Service is a digital service and credits are consumed immediately, payments are non-refundable, including for partially used periods, unused credits, and renewals that were not cancelled before they took place, except where applicable law requires otherwise or where we are wholly unable to provide the Service. We may grant a refund or credit at our discretion in a particular case; doing so does not oblige us to do so in other cases. Refund requests may be submitted through the contact details at the end of these Terms.

Price changes. We may change prices in the future. A price change does not apply to a plan period or credit pack you have already paid for. For a plan that renews automatically, we will email you at least 7 days, and not more than 30 days, before a new price applies to your renewal, and the new price applies only if you do not cancel before then.

9. Third-Party Services and Platforms

The Service relies on third-party services, including Stripe for card payments, Google for sign-in, Apple for purchases in the iOS app, and the service providers described in the Privacy Policy. Your use of those services may be subject to their own terms. We are not responsible for third-party services or websites, including the platforms whose policies our reviews refer to, and any links to them are provided for convenience only.

10. Intellectual Property

The Service, including its software, interface, rule libraries and documentation, belongs to us and our licensors and is protected by intellectual property laws. These Terms give you a limited, non-exclusive, non-transferable, revocable right to use the Service in accordance with these Terms; they do not transfer any ownership to you. The ByeRisk name and logo are our trademarks, and you may not use them without our prior written permission. Suggested rewrites generated for your content are yours to use, subject to the section titled “Nature of the Service and Important Limitations”.

11. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL REVIEW RESULTS, SUGGESTED REWRITES AND OTHER OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT ITS RESULTS WILL BE ACCURATE OR COMPLETE, THAT CONTENT REVIEWED WITH THE SERVICE WILL BE ACCEPTED BY ANY PLATFORM, OR THAT IT WILL COMPLY WITH ANY LAW OR POLICY.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ACCOUNT SUSPENSION OR CONTENT REMOVAL BY A PLATFORM, OR REGULATORY FINES OR PENALTIES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THEIR POSSIBILITY;
• OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, UNDER ANY THEORY OF LIABILITY, IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE ON THE US SITE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) US$100.

These limitations apply even if a remedy fails of its essential purpose, and they reflect an allocation of risk that is an essential basis of the bargain between you and us. They do not apply to liability that cannot be excluded or limited under applicable law, including liability for fraud, for willful misconduct or, where the law so provides, for gross negligence, or for death or personal injury caused by negligence, and they do not limit consumer rights that cannot be waived under the law of the state where you reside. Some states, including New Jersey, do not allow the exclusion or limitation of certain warranties or damages; if you reside in such a state, the exclusions and limitations in this section and in “Disclaimers” apply only to the extent permitted by the law of that state.

13. Indemnification

To the extent permitted by applicable law, you will defend, indemnify and hold harmless us and our affiliates, and our and their officers, employees and agents, from and against any third-party claims, and related losses, damages, fines, penalties, costs and reasonable attorneys’ fees, arising out of or relating to (a) content you submit to the Service, (b) content, products or advertising you publish, sell or run, including after reviewing it with the Service, (c) your breach of these Terms, or (d) your violation of any law or of the rights of any third party. We may assume the exclusive defense of any matter subject to indemnification by you, at your expense, and you will cooperate with our defense. This section does not require you to indemnify us for our own fraud, gross negligence or willful misconduct.

14. Suspension and Termination

We may suspend or terminate your access to the Service if you breach these Terms, if we reasonably believe your use creates legal risk for us or others or threatens the security or availability of the Service, if your payment fails or is reversed, or if we are required to do so by law. Where circumstances allow, we will give you notice and an opportunity to remedy the problem first. If we terminate your access because of your breach, you are not entitled to a refund. We may also discontinue the Service or the US site on at least 30 days’ notice; in that case we will refund, on a pro-rata basis, the unused portion of any prepaid plan period and any unused purchased credits. You may stop using the Service and close your account at any time.

Provisions that by their nature should survive termination survive it, including those on payment obligations, aggregated data and feedback, intellectual property, disclaimers, limitation of liability, indemnification and dispute resolution.

15. Changes to These Terms

We may update these Terms. The “Last updated” date at the top always reflects the current version. For changes that materially affect your rights or obligations, we will give notice in the product or by email at least 15 days before they take effect, unless a change is required by law or addresses a security issue. If you continue to use the Service after the effective date, you accept the updated Terms; if you do not accept them, stop using the Service and close your account before then. A change to the section titled “Dispute Resolution; Binding Arbitration” does not apply to a dispute of which we had notice before the change took effect.

16. Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED.

Informal resolution first. Before starting an arbitration or a court proceeding, you and we each agree to try to resolve any dispute informally. The party raising the dispute must send a written notice to the other — to us at contact@byerisk.com with the subject line “Notice of Dispute”, and to you at the email address associated with your account — that describes the dispute and the relief sought and includes the sender’s name and account email address. For 60 days after the notice is received, the parties will try in good faith to resolve the dispute, including, if either party asks, through an individual video or telephone conference in which you and a representative of ours take part personally (your attorney may also attend). Limitation periods are paused while this process is under way. Completing this process is a condition to starting an arbitration.

Agreement to arbitrate. Except as provided under “Exceptions” below, you and we agree that any dispute, claim or controversy arising out of or relating to these Terms, the Service, any purchase, or the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and whether it arose before or after you accepted these Terms (a “Dispute”), will be resolved by final and binding arbitration on an individual basis, rather than in court. The arbitrator, and not any court, has exclusive authority to resolve all issues relating to the interpretation, applicability, enforceability and formation of this arbitration agreement, except that a court decides issues relating to the class action waiver, the mass arbitration provisions and the exceptions in this section. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.).

Rules and procedure. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules if you are an individual who uses the Service primarily for personal, family or household purposes, and otherwise under its Commercial Arbitration Rules, in each case as modified by these Terms; the rules are available at www.adr.org. The arbitration will be conducted in English by a single arbitrator. Unless the parties agree otherwise, it will be conducted by video conference, by telephone or on written submissions; if an in-person hearing is required, it will take place in the county where you reside or at another location the parties agree on. The arbitrator may award any individual relief that a court could award, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator’s award is final and binding, and judgment on it may be entered in any court of competent jurisdiction.

Fees. Filing, administration and arbitrator fees will be paid as provided in the AAA rules. If you are an individual and show that these fees would be prohibitive compared with the costs of litigation, we will pay as much of them as the arbitrator finds necessary to prevent the arbitration from being cost-prohibitive. Each party bears its own attorneys’ fees and costs unless the arbitrator awards them under applicable law.

Mass arbitration. If 25 or more similar demands for arbitration are filed against us by or with the assistance of the same or coordinated attorneys or organizations, the AAA’s Mass Arbitration Supplementary Rules will apply to them, and the parties will cooperate in good faith with the AAA to resolve them efficiently. Limitation periods for those demands are paused while they are pending in that process.

Exceptions. Either party may bring an individual action in small claims court for a Dispute within that court’s jurisdiction, for as long as it remains there. Either party may also seek injunctive or other equitable relief in court to prevent the actual or threatened infringement or misappropriation of intellectual property rights. Nothing in this section prevents you from bringing an issue to the attention of a federal, state or local government agency. To the extent a claim for public injunctive relief cannot be waived or arbitrated under applicable law, that claim will be severed and decided by a court after the individual claims are arbitrated, and the court proceeding on it will be stayed until then.

Class action and jury trial waiver. YOU AND WE EACH AGREE THAT A DISPUTE MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING, AND YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. The arbitrator may not consolidate more than one person’s claims, except as provided under “Mass arbitration”, and may not preside over any form of class or representative proceeding. If this waiver is found unenforceable as to any claim, that claim, and only that claim, will be severed and proceed in court, and it may not proceed in arbitration.

Your right to opt out. You may opt out of this arbitration agreement by emailing contact@byerisk.com within 30 days after you first accept these Terms, with the subject line “Arbitration Opt-Out”, stating your name, your account email address and that you opt out. Opting out does not affect any other part of these Terms. If you opted out of a previous version of this arbitration agreement, that opt-out remains effective.

Governing law and courts. These Terms and any Dispute are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law rules, and, as to arbitration, by the Federal Arbitration Act. This does not deprive you of the protection of mandatory provisions of the law of the U.S. state where you reside. A Dispute that is not subject to arbitration, or for which arbitration is unavailable, will be decided exclusively by the state or federal courts located in New Castle County, Delaware, and you and we consent to their personal jurisdiction; however, if you use the Service primarily for personal, family or household purposes, you may instead bring it in the courts of the county where you reside.

Time limit. To the extent permitted by applicable law, any Dispute must be brought within one year after it arose; otherwise it is permanently barred.

Complaints. You may also submit a complaint to a consumer protection authority, such as the attorney general of your state. California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

17. Apple App Store Terms

If you use the ByeRisk iOS app, the following also applies:

• These Terms are between you and us only, not Apple, and Apple is not responsible for the app or its content;
• Your license to use the app is limited to using it on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions;
• Apple has no obligation to provide any maintenance or support for the app;
• If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app, if any; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app;
• Apple is not responsible for addressing any claims relating to the app, including product liability claims, claims that the app fails to conform to any legal or regulatory requirement, and claims under consumer protection, privacy or similar laws;
• Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the app or your possession and use of it infringes that third party’s intellectual property rights;
• You represent that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties;
• You must comply with applicable third-party terms of agreement when using the app; and
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of them, have the right to enforce them against you as they relate to the app.

18. Language

These Terms are written in English, and the English version is the governing text. The Chinese version is a translation provided for convenience only. If the two versions differ or are inconsistent in meaning, the English version prevails.

19. Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy and any terms presented at purchase, are the entire agreement between you and us regarding the Service and supersede any prior agreements on that subject.

Severability and waiver. Except as provided in the section titled “Dispute Resolution; Binding Arbitration”, if any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions remain in full force and effect. Our failure to enforce a provision is not a waiver of it.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them, in whole or in part, including in connection with a merger, acquisition, reorganization or sale of assets, upon notice to you.

Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, such as natural disasters, epidemics, war, acts of government, power or network failures, or failures of third-party providers.

Notices and electronic communications. You agree to receive communications from us electronically, including by email to the address associated with your account and by notices in the product, and agree that these communications satisfy any legal requirement that they be in writing. Notices to us must be sent to contact@byerisk.com.

Relationship and third parties. You and we are independent contractors, and these Terms do not create any partnership, joint venture, employment or agency relationship. Except as stated in “Apple App Store Terms”, these Terms do not create any third-party beneficiary rights. Section headings are for convenience only.