LEGAL
Terms and Conditions
These terms take effect November 30, 2026. Current terms are available here: https://massorbye.com/terms.html
These Terms and Conditions govern access to and use of the MassOrBye mobile application, the website operated under the domain massorbye.com, and the related digital services provided by MassOrBye (collectively, the “Services”).
Please read these Terms and Conditions carefully before creating an account, purchasing a subscription or using the Services.
By creating a MassOrBye account or purchasing a subscription through the acceptance mechanisms provided, you confirm that you have read and understood these Terms and Conditions and agree to be bound by them. This version takes effect on 30 November 2026 for new accounts. Existing account holders will be notified of the update in advance by email or another durable medium, specifying the date of application and the relevant changes. Its application will respect the advance notice requirement and, where legally required, the user’s acceptance, as well as the user’s mandatory rights and the conditions for amendments in section 24.
If you do not accept these Terms and Conditions, you must not create an account or use the Services.
1. Service provider
The Services are provided by MassOrBye.
General contact email: contact@massorbye.com
Privacy contact email: contact@massorbye.com
In these Terms and Conditions, “MassOrBye”, “we”, “us” and “our” refer to MassOrBye.
2. Description of the Services
MassOrBye is a digital fitness and workout tracking service.
Depending on the user’s device, operating system, location, application version and subscription, the Services may allow users to:
- create, record and manage workouts and exercise routines;
- record sets, repetitions, weights and other workout information;
- access workout history, statistics and progress information;
- voluntarily enter physical information, such as height, weight or body measurements;
- receive workout suggestions based on information entered by the user;
- create a profile and interact with other users;
- publish or share workouts, comments and other content;
- connect MassOrBye to compatible devices or third-party services, including Apple Health, Apple Watch and WearOS; and
- access additional features available through a paid subscription.
The current features of the Services and each paid subscription will be displayed within MassOrBye, in the relevant app store or on the applicable purchase page before the user completes a purchase.
3. Minimum age
The Services are intended exclusively for users aged 16 or over.
By creating an account or using MassOrBye, the user confirms that they are at least 16 years old and have the legal capacity required to accept these Terms and Conditions. Users aged 16 or 17 must obtain authorisation from their legal representatives where required by applicable law.
MassOrBye may suspend or delete an account where it has reasonable grounds to believe that the user is below the minimum age. Before applying the new requirement to existing accounts, MassOrBye will communicate its date of application, the consequences for those who do not meet it and how to request assistance, exercise data rights or claim any amounts legally due. The user may request a review of an age-related measure by contacting contact@massorbye.com.
A parent or legal guardian who becomes aware that a person under 16 has created an account may contact contact@massorbye.com to request deletion of the account and associated personal data.
4. User account
Certain features require the creation of a MassOrBye account.
When registering and using an account, the user agrees to:
- provide accurate and up-to-date information;
- keep account information reasonably up to date;
- keep login credentials confidential;
- not allow another person to use the account;
- not create an account using another person’s identity; and
- notify MassOrBye without undue delay if the user becomes aware of unauthorised access to the account.
The user is responsible for activity carried out through the account to the extent that such activity is attributable to them.
MassOrBye may request reasonable information to verify the account holder’s identity before processing a request relating to the account.
5. Free and paid Services
MassOrBye may provide certain Services free of charge and reserve additional features for users with a paid subscription.
The features included in the free version and each paid subscription will be those described within MassOrBye, in the relevant app store or on the applicable purchase page at the time of purchase.
Access to MassOrBye does not include internet access, mobile data, devices, gym memberships or third-party products or services, unless expressly stated before purchase.
6. Subscription options
MassOrBye may offer the following paid subscription options:
6.1 Monthly Pro subscription
The monthly Pro subscription provides access to the paid features described at the time of purchase for successive monthly subscription periods. This subscription is entered into for an indefinite term and is billed monthly.
Unless cancelled before the applicable renewal date through the platform or provider managing the subscription, it may renew automatically for additional monthly periods.
6.2 Annual Pro subscription
The annual Pro subscription provides access to the paid features described at the time of purchase for successive annual subscription periods. This subscription is entered into for an indefinite term and is billed annually.
Unless cancelled before the applicable renewal date through the platform or provider managing the subscription, it may renew automatically for additional annual periods.
6.3 Lifetime Pro subscription
The lifetime Pro subscription is purchased through a single, non-recurring payment and provides access to the paid features included in that option at the time of purchase for the commercial lifetime of the MassOrBye service.
“Lifetime”, in the context of the Pro subscription, refers to the commercial lifetime of the MassOrBye service and does not constitute a guarantee that:
- MassOrBye will operate permanently;
- all existing features will remain unchanged;
- the Services will remain compatible with all devices, operating systems or third-party services; or
- no technical, legal, security or operational changes will be made.
MassOrBye will not withdraw the essential paid functionality associated with a lifetime Pro subscription without a valid technical, legal, security or operational reason.
Any material limitation specifically applicable to the lifetime Pro subscription will be communicated before purchase. This definition does not reduce rights acquired under the offer accepted when entering into the contract or the legal remedies for lack of conformity, modification or termination of the service.
7. Prices and pre-contractual information
Before the user confirms a paid subscription, the applicable purchase interface will display, according to the subscription type and with all legally required information:
- the selected subscription;
- its main features;
- the total price;
- the currency and applicable taxes;
- the billing period;
- whether the subscription renews automatically;
- the subscription duration or the conditions for cancelling it;
- the payment method;
- the entity processing the transaction; and
- the identity of the contractual seller or merchant of record, where applicable.
Prices may vary depending on the country, currency, taxes, subscription option, purchase channel and any promotion applicable at the time of purchase.
The price displayed immediately before purchase confirmation will be the price applicable to that transaction.
MassOrBye does not guarantee that the same price or promotion will be available on all platforms, in all countries or to all users.
8. Electronic contracting process
The steps required to purchase a subscription will be displayed through the relevant app store, platform or purchase interface.
Before confirming the purchase, the user will have the opportunity to review the information displayed and correct any errors that can be corrected using the tools provided by that platform.
The purchase will be completed when:
- the user confirms the transaction through the relevant purchase interface; and
- the transaction is accepted by the platform or payment provider.
The user will receive confirmation of the transaction from the relevant app store, merchant of record, contractual seller or payment provider.
The confirmation will include the legally required contractual information on a durable medium, including the selected subscription, the price paid and, where applicable, the billing period, renewal date and options for managing the subscription.
The languages available for completing the purchase and retention of the electronic transaction record will be determined by the relevant purchase platform.
9. Billing providers, merchants of record and payment processors
Subscriptions may be purchased through the Apple App Store, Google Play, Paddle or another platform or provider available during the purchase process. Access provided through Wellhub as a membership benefit is governed by that benefit’s activation, eligibility and validity conditions; it does not in itself constitute a purchase or a paid subscription contracted directly with MassOrBye. A separately purchased subscription retains its own billing and cancellation conditions.
For the purposes of these Terms and Conditions, the “Billing Provider” is the entity that processes or manages the relevant transaction or subscription.
Depending on the purchase channel, the Billing Provider may act as:
- the Merchant of Record or Contractual Seller, responsible for the sale, invoicing and collection of payment and, where applicable, handling withdrawal and refund requests;
- the Subscription Platform, responsible for managing renewals, cancellations, subscription changes or access to subscription management tools; or
- the Payment Processor, responsible solely for the technical processing of a payment on behalf of MassOrBye or another contractual seller.
The role of the relevant Billing Provider will be determined by the information supplied during the purchase process and in the purchase confirmation.
The technical processing of a payment does not in itself make the processor the contractual seller or give it authority to decide on refunds. The seller will remain the entity identified in the purchase process and confirmation.
The applicable terms, subscription management procedures, refund policies and support channels of each Billing Provider will be made available through the relevant platform, purchase page or purchase confirmation.
10. Payment details and failed payments
Where a Billing Provider handles a transaction, MassOrBye does not access or store the user’s full payment card or bank account details.
Payment details are processed by the relevant Billing Provider in accordance with its own terms and privacy policy.
The user is responsible for maintaining a valid payment method in the account used to purchase the subscription.
MassOrBye is not responsible for a payment being declined or delayed for reasons exclusively attributable to:
- the user’s bank or card issuer;
- the selected payment method;
- insufficient funds;
- incorrect payment information;
- the relevant Billing Provider; or
- restrictions affecting the user’s app store or payment account.
Where a payment is declined, expires or cannot be processed, access to paid features may be suspended or not renewed in accordance with the relevant Billing Provider’s conditions.
11. Automatic renewal
Monthly and annual subscriptions may renew automatically unless cancelled through the Subscription Platform or Billing Provider before the applicable renewal date.
By purchasing an automatically renewing subscription, the user authorises the relevant Billing Provider to charge the applicable renewal price using the payment method linked to the relevant platform account, in accordance with the information provided before purchase.
The renewal date, renewal price and next billing period will be those displayed by the relevant provider before purchase or through the user’s subscription management account.
The lifetime subscription is purchased through a single payment and does not renew periodically.
12. Cancellation and subscription changes
A monthly or annual subscription is cancelled through the management channels provided for the platform or provider through which it was purchased.
Depending on the purchase channel, the user may need to manage the subscription through:
- the subscription settings in the user’s Apple account;
- the subscription settings in the user’s Google Play account;
- the account or subscription portal provided by Paddle or another Merchant of Record or Subscription Platform;
- the contractual seller’s customer portal; or
- another method indicated in the purchase confirmation.
Deleting the MassOrBye application, ceasing to use MassOrBye or deleting the MassOrBye account does not in itself cancel a subscription managed by a Billing Provider.
Unless the relevant provider or mandatory law provides otherwise, cancellation prevents future renewal and the user will retain access to the paid Services until the end of the period already paid for.
The user must check that the relevant Billing Provider has confirmed the cancellation.
Changes between the available subscription options are processed through the same management channels.
The options for changing billing, the payment method, account or provider, applying credits, modifying a transaction or cancelling depend on the purchase channel. MassOrBye will handle actions within its technical and contractual authority and indicate the appropriate channel where an action depends exclusively on a third party. These limitations do not reduce MassOrBye’s legal obligations.
The effective date and financial consequences of a subscription change, including any prorated charge, credit or loss of a promotion, will be communicated in accordance with the accepted conditions and applicable law.
13. Refunds
Refund requests relating to a payment processed by a Merchant of Record or Contractual Seller must be submitted through that entity’s support or refund procedure.
The relevant Merchant of Record or Contractual Seller may determine, in accordance with applicable law:
- the procedure for submitting the request;
- the information or evidence required;
- the period within which the request must be submitted;
- whether the refund is approved; and
- how and when the refund is executed.
The handling and execution of a refund will depend on the functions and permissions of the purchase channel. MassOrBye will carry out the actions for which it is responsible and will not be able to perform actions reserved exclusively to the provider itself; this allocation of functions does not exclude MassOrBye’s legal obligations.
Where authorised to intervene, MassOrBye may provide information, recommend or approve a refund within the authority granted to it. If another provider is responsible for its technical execution, MassOrBye will provide the necessary cooperation in relation to requests it is required to handle.
A Billing Provider’s refund policy does not exclude any mandatory right to a refund, compensation or price reduction available under applicable consumer law.
A complaint relating to MassOrBye’s technical operation, availability or conformity must be addressed to MassOrBye, even where a resulting refund or financial adjustment must subsequently be executed through the relevant Billing Provider.
14. Right of withdrawal
Consumers to whom Spanish or European Union law applies have fourteen calendar days from the conclusion of the contract to withdraw without giving any reason, unless an applicable statutory exception applies. They may do so by an unequivocal statement addressed to the contractual seller through the channels notified before purchase, without being required to use the withdrawal form. It is sufficient to send the notice before the period expires.
The entity responsible for receiving and handling a withdrawal request will be the Merchant of Record or Contractual Seller identified during the purchase process or in the purchase confirmation.
Where a third party acts as Merchant of Record or Contractual Seller, the user may use the procedure provided by that entity or any other unequivocal statement addressed to the seller by a legally valid means.
Before the purchase is completed, the user must be informed, where applicable, of:
- whether a right of withdrawal exists;
- the applicable withdrawal period;
- the procedure for exercising it;
- the entity to which the request must be addressed;
- any applicable withdrawal form; and
- the consequences of requesting immediate commencement of the digital service.
Starting the paid digital service during the withdrawal period does not in itself result in the loss of this right. If the user expressly requested commencement and received the legally required information, on withdrawal they will only have to pay the proportionate amount for the service actually provided. The right will be lost once the service has been fully performed, provided that performance began with the user’s express consent and prior acknowledgement that they would lose the right once the service had been fully performed.
Nothing in these Terms and Conditions restricts a mandatory right of withdrawal. The user may, but is not required to, use the following model: “To the contractual seller identified in the purchase confirmation (name, address and email address): I hereby give notice that I withdraw from my contract for the provision of the MassOrBye subscription service, concluded on ____. Consumer’s name: ____. Consumer’s address: ____. Date: ____. Consumer’s signature, only if submitted on paper: ____.” If MassOrBye is the seller, its contact details are set out in section 1.
15. Supply, conformity and changes to the Services
MassOrBye will provide the Services with the features and functionality described in these Terms and Conditions and in the information made available before purchase.
Where required by applicable consumer law, MassOrBye will be responsible for ensuring that the digital Services conform to the contract.
MassOrBye will provide the updates, including security updates, necessary to maintain the conformity of the Services for the legally required period and will inform users of their availability.
Users must install updates made available through the relevant app store where reasonably necessary for the safe and proper operation of MassOrBye.
MassOrBye may modify the Services where reasonably necessary to:
- maintain or improve security;
- correct errors;
- comply with legal or regulatory requirements;
- adapt to changes in technology, devices or third-party services; or
- improve or develop the Services.
MassOrBye may also temporarily interrupt the Services for maintenance, security measures, technical failures, telecommunications failures, failures of third-party services or circumstances beyond its reasonable control.
MassOrBye may make certain features available in beta, early access or preview versions. Beta features may be incomplete, contain errors or behave unexpectedly. By using a beta feature, the user accepts that it is provided “as is” and that MassOrBye may modify or withdraw access to it, subject to the conformity guarantees and the conditions for modifications set out in this section.
Modifications to the service will be made at no additional cost to the consumer. Where they negatively affect the consumer’s access or use and the effect is more than minor, MassOrBye will provide reasonable advance notice on a durable medium of the content and date of the modification and of the right to terminate the contract free of charge within thirty calendar days of receiving the information or of the modification, whichever is later, with any refunds required by law. This right to terminate will not apply if the consumer is allowed to retain the unmodified service at no additional cost and it remains in conformity with the contract.
Where the Services are not supplied or do not conform to the contract, the user may have statutory rights, including the right to request that the Services be brought into conformity and, where the applicable legal requirements are met, a price reduction or termination of the contract.
Where a payment has been processed by a Billing Provider, that provider may need to execute the corresponding refund or financial adjustment. MassOrBye will provide reasonable assistance in relation to failures attributable to MassOrBye’s Services.
The use of a Billing Provider does not exclude MassOrBye’s liability for the operation or conformity of the Services where that liability rests with MassOrBye under applicable law.
16. Intellectual property and User Content
The software, design, interfaces, databases, trademarks, logos, graphics and original content forming part of MassOrBye belong to MassOrBye or its licensors and are protected by intellectual and industrial property law.
Subject to these Terms and Conditions, MassOrBye grants the user a limited, personal, non-exclusive, non-transferable and non-sublicensable right to use the Services for personal purposes.
Unless permitted by law or expressly authorised by MassOrBye, users may not:
- copy, distribute or commercially exploit the Services;
- modify or create derivative works of the Services;
- reverse engineer, decompile or disassemble the software;
- remove proprietary notices;
- transfer or resell access to the Services; or
- use MassOrBye’s trademarks or brand identity without authorisation.
The user retains the intellectual property rights they hold in photographs, comments, routines, workouts and other material uploaded or created through MassOrBye (“User Content”).
By making User Content available through MassOrBye, the user grants MassOrBye a non-exclusive, worldwide, royalty-free licence, limited to the period during which the content remains available through the Services, to host, store, reproduce, technically adapt, transmit and display that content solely to the extent necessary to:
- provide and operate the Services;
- display the content in accordance with the visibility settings selected by the user;
- enable the social and sharing features requested by the user;
- maintain MassOrBye’s security and technical operation; and
- comply with legal obligations.
The user confirms that they hold the rights and authorisations necessary to make the User Content available through MassOrBye.
17. Rules of use
Users must use MassOrBye lawfully and respectfully.
Users must not upload, publish or distribute content, or engage in conduct, that:
- is unlawful, threatening, abusive, harassing, defamatory, fraudulent or seriously misleading;
- contains sexual exploitation, threats of violence or grossly inappropriate graphic material;
- violates another person’s privacy;
- discriminates against or intimidates a person or group on the basis of a protected characteristic;
- infringes intellectual property rights, image rights, privacy rights or other third-party rights;
- constitutes unauthorised advertising, spam, gambling or fraudulent promotions;
- contains malware, viruses or code intended to disrupt systems, equipment or networks, or gain unauthorised access to data;
- impersonates another person or entity;
- attempts to access another user’s account without authorisation;
- unlawfully collects or extracts information relating to other users;
- interferes with MassOrBye’s security or operation; or
- otherwise violates these Terms and Conditions or applicable law.
The user must also not use the Services for commercial purposes, including charging third parties for access to MassOrBye features, routines or data, without MassOrBye’s prior written authorisation.
MassOrBye may remove or restrict access to content that it reasonably considers unlawful, harmful or contrary to these Terms and Conditions.
MassOrBye may restrict, suspend or terminate an account where:
- the user materially or repeatedly breaches these Terms and Conditions;
- MassOrBye reasonably suspects fraudulent, unauthorised or unlawful use;
- the account presents a security risk;
- the user is below the minimum age; or
- suspension or termination is required by law or a competent authority.
Users may report content that is allegedly unlawful or contrary to these rules to contact@massorbye.com, specifying its location or link, the reasons and supporting information, together with a contact email address. MassOrBye will acknowledge receipt where it has that contact information, examine the report diligently, objectively and proportionately, and communicate its decision. Where legally required, it will notify the affected user of the facts and the legal or contractual basis for the measure, its scope and duration, the use of automated means in the decision or detection of the content, and the available avenues of complaint. The user may request a review of the measure through the same channel, identifying the decision and explaining the grounds for their complaint. MassOrBye will communicate the outcome of the review and correct the measure where appropriate, without prejudice to other legally available avenues. The information in these communications will be limited to what is necessary and will respect confidentiality and applicable legal restrictions.
MassOrBye may cooperate with public authorities where required by law or in connection with the investigation of alleged unlawful activity.
18. Public profiles and social features
MassOrBye includes social and interactive features.
When an account is created, the profile is public by default. Workouts set to “Everyone” visibility are visible to all MassOrBye users. The user can set their profile to private and manage the visibility of their workouts through the available settings, as explained in the Privacy Policy.
Users can manage the privacy and visibility controls made available by MassOrBye, which may include:
- setting the profile to public or private;
- selecting the visibility of individual workouts;
- managing third-party integrations; and
- managing communication preferences.
Users can review and configure their visibility settings. Changing the default visibility of new workouts does not retroactively change the visibility of workouts already published. These options do not exclude MassOrBye’s obligations regarding data protection and the protection of minors.
MassOrBye does not endorse and is not responsible for opinions, statements or content independently published by other users, without prejudice to its legal obligations concerning unlawful content and moderation.
Where the Services include direct messaging or other user-to-user communication features, users are responsible for their communications and must use those features in accordance with §17 (Rules of use). In response to communications that are unlawful or contrary to these rules, MassOrBye may take the measures provided for in section 17, with the legally required safeguards.
19. Third-party services and integrations
MassOrBye may allow users to connect to or access third-party applications, devices and services, including Apple Health, Apple Watch, WearOS, Strava, ChatGPT (OpenAI), Claude (Anthropic) and other compatible integrations. These features are optional. In addition to sharing a specific workout, the user may expressly connect their account to ChatGPT or Claude. This connection may allow access to all workouts in the account, rather than only the workout shared on a particular occasion. When a query is made, the AI service requests the necessary data from MassOrBye’s API and MassOrBye responds within the authorised scope. The ChatGPT integration may also allow workout plans to be created and saved in MassOrBye, depending on the features and permissions enabled.
Use of a third-party service is subject to that third party’s own terms and privacy policy, including the age requirements the user must meet to use that service. Syncing with Apple Watch, WearOS or other health integrations does not in itself authorise data to be sent to artificial intelligence services. Depending on the available features and permissions granted, these integrations may provide access to workout data recorded in MassOrBye, including heart rate from Apple Watch, WearOS or other compatible devices, to respond to the user’s queries about their workouts. Before enabling access to personal data through these connections, MassOrBye will inform the user of the accessible data, recipient and purpose, and obtain the specific authorisation required, which must consist of explicit consent if health data, such as heart rate, is included. Access to heart rate will require explicit consent also for accounts that are already connected; connecting the account and accepting these Terms do not replace it. The user may withdraw authorisation to prevent further access, without this in itself deleting data already disclosed to the third party. MassOrBye does not control the independent operation of third-party services and cannot guarantee their permanent availability, accuracy or compatibility.
MassOrBye may modify or discontinue an integration where the third-party service:
- changes or ceases to operate;
- becomes incompatible;
- presents a security or legal risk; or
- ceases to permit the integration.
MassOrBye remains responsible for those aspects of the Services and personal data processing that are under its control.
20. Fitness and health information
MassOrBye is a fitness and workout tracking service. It is not a medical service and does not provide medical diagnosis, treatment or professional healthcare advice. Workout suggestions, statistics, estimates and other information made available through MassOrBye are provided for general fitness and informational purposes.
They do not replace advice from a doctor, physiotherapist, personal trainer or other qualified professional. Users are responsible for assessing whether particular exercises, routines and intensity levels are appropriate for their physical condition, and must seek professional advice where necessary. MassOrBye does not guarantee that use of the Services will produce any particular fitness, health or performance outcome.
Nothing in this section excludes or limits MassOrBye’s liability where it cannot lawfully be excluded.
21. Liability
MassOrBye will be liable for loss and damage caused by a breach of its legal or contractual obligations, to the extent provided by applicable law.
MassOrBye will not be liable for damage caused exclusively by:
- use of MassOrBye contrary to these Terms and Conditions;
- inaccurate or incomplete information entered by the user;
- exercise or workout decisions made independently by the user;
- the user’s failure to protect account credentials;
- content or conduct independently attributable to another user;
- the independent operation or failure of a third-party service beyond MassOrBye’s reasonable control;
- a failed payment, refund or subscription management action attributable exclusively to a Billing Provider; or
- an event beyond MassOrBye’s reasonable control.
Nothing in these Terms and Conditions excludes or limits liability for:
- fraud or wilful misconduct;
- death or personal injury caused by negligence;
- gross negligence where liability cannot be limited;
- unlawful processing of personal data;
- infringement of mandatory consumer rights; or
- any other liability that cannot lawfully be excluded.
The user will be liable, as provided by law, for proven loss and damage they cause through breaches of legal or contractual obligations attributable to them in their use of the Services or User Content. This liability does not cover damage attributable to MassOrBye or limit the consumer’s mandatory rights. Defence expenses and legal costs will be governed by applicable procedural law.
22. Account deletion
Users may stop using the Services and request or initiate deletion of their MassOrBye account through the options made available by MassOrBye, including https://massorbye.com/delete-account.html.
Deleting an account may result in loss of access to workout history, routines, statistics, profile information and other information associated with the account.
Deletion and retention of personal data will be governed by the Privacy Policy and applicable law.
Deleting the account does not automatically cancel a subscription managed by a Billing Provider. To prevent future renewals, the subscription must be cancelled in accordance with section 12.
The following sections will survive termination or expiry of these Terms and Conditions: §16 (Intellectual property and User Content), §17 (Rules of use), §21 (Liability), §23 (Personal data) and §27 (Order of precedence and general provisions). This survival does not extend the duration or purposes of the User Content licence set out in section 16.
23. Personal data
MassOrBye processes personal data in accordance with applicable data protection law and the information contained in its Privacy Policy.
The Privacy Policy describes, among other matters:
- the categories of personal data processed;
- the purposes and legal bases for processing;
- physical and activity information;
- public profiles and visibility controls;
- third-party integrations;
- international transfers;
- retention periods; and
- the user’s rights.
The Privacy Policy is available at: https://massorbye.com/privacy.html
The Privacy Policy and specific notices explain the processing of personal data and the user’s rights. These Terms do not reduce MassOrBye’s data protection obligations or replace any consent required for particular processing activities.
Questions relating to personal data may be sent to contact@massorbye.com.
24. Amendments to these Terms and Conditions
MassOrBye may amend these Terms and Conditions where reasonably necessary due to:
- changes to the Services;
- changes to subscription options;
- legal or regulatory requirements;
- security considerations;
- changes to third-party platforms; or
- the need to correct or clarify the Terms and Conditions.
The current version and its effective date will be made available through MassOrBye or its website.
Where a change materially affects the user’s contractual rights or obligations, MassOrBye will provide reasonable advance notice by email or another durable medium, specifying its content, date of application and the relevant options and rights, unless an immediate change is required by law or for urgent security reasons. Modifications to the Services will be subject to the guarantees and right of termination in section 15. Price changes will be communicated before they apply, with the possibility of avoiding future charges by cancelling and with the user’s acceptance where legally required.
A change will not retroactively affect a completed transaction unless permitted or required by law.
25. Customer support and complaints
Enquiries, complaints and technical support requests relating to MassOrBye’s operation or conformity may be sent to: contact@massorbye.com
Requests relating to personal data may be sent to: contact@massorbye.com
Complaints about payments, renewals, cancellations, subscription changes, withdrawal or refunds are handled through the channels described in sections 9 to 14 and in the purchase confirmation. MassOrBye will assist in identifying the appropriate channel and will handle the actions and responsibilities that fall to it.
MassOrBye remains responsible for responding to complaints relating to the technical operation or conformity of the Services where the relevant matter is attributable to MassOrBye.
26. Governing law and jurisdiction
These Terms and Conditions are governed by Spanish law.
Where the user is a consumer, this choice of law does not deprive them of any mandatory protection afforded by the law of the country in which they habitually reside.
Any dispute will be submitted to the courts determined by the applicable procedural and consumer protection rules.
A consumer may bring proceedings before the courts that have jurisdiction under the mandatory rules applicable to their place of residence. Nothing in these Terms and Conditions imposes exclusive jurisdiction on a consumer contrary to mandatory law.
27. Order of precedence and general provisions
These Terms and Conditions govern access to and use of MassOrBye’s Services.
The specific information displayed and accepted during the purchase process governs the particular subscription purchased, including its price, billing period, renewal date and included features.
The terms of the relevant Merchant of Record, Contractual Seller, Subscription Platform or Payment Processor apply only to those aspects of the transaction, payment or subscription management that are controlled by that entity.
In the event of a conflict:
- mandatory law will prevail;
- the specific information accepted during the purchase process will prevail in relation to the features and financial conditions of that particular purchase;
- the applicable provider’s terms will prevail only in relation to matters managed by that provider; and
- these Terms and Conditions will continue to govern the use and provision of MassOrBye’s Services.
If any provision of these Terms and Conditions is declared invalid or unenforceable, the remaining provisions will remain in force.
MassOrBye’s failure or delay in exercising a contractual right does not constitute a waiver of that right.
The user may not transfer the account or their rights under these Terms and Conditions to another person without MassOrBye’s consent.
MassOrBye may transfer its rights and obligations as part of a corporate restructuring, merger, acquisition or business transfer, provided that the transfer does not reduce the user’s mandatory rights.
28. Contact
MassOrBye
General contact: contact@massorbye.com
Privacy contact: contact@massorbye.com