Terms of use

Introduction

These Terms govern the use of the App and any other related agreement or legal relationship with the Owner in a legally binding way. Capitalized words are defined in the “Definitions” section at the end of this document.

Please read this document carefully.

The App is provided by: Leman Byte, a simple partnership of Ivan Trifunovic, Pierrick Antenen and Esteban Font Geneva, Switzerland Owner contact email: contact@lemanbyte.com

What you should know at a glance

IF A RESTAURANT IS NOT ON THE MAP, IT DOES NOT MEAN THAT A PROBLEM WAS FOUND: THE APP DOES NOT SHOW EVERY RESTAURANT, AND DOES NOT SAY PUBLICLY WHY A RESTAURANT IS NOT SHOWN.
The App only shows restaurants where the Owner’s team found no serious food-safety problem.
The Owner cannot guarantee that the information shown in the App, including the data the Owner has entered in it, is accurate, complete or up to date. You use it at your own risk.
“Low concern” is not an official rating, an inspection result or a certificate that a place is safe.
The App is for information only and does not give medical advice.
The menu scan is written by artificial intelligence from your photo and can be wrong. It describes dishes in general, says nothing about the restaurant, and is not medical or allergy advice.
The App is free of charge.
Some provisions of these Terms only apply to certain categories of Users, such as Consumers, or to Users in certain countries. Such limitations are always mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

Unless otherwise specified, the terms of use detailed in this section apply generally when using the App.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using the App, Users confirm that they meet the following requirements:

There are no restrictions for Users in terms of being Consumers or Business Users;
Users must be at least 16 years old. Where the law of their country sets a higher age for using online services on their own, younger Users need the permission of a parent or legal guardian.

Account registration

Users can use the map, search and restaurant pages without an account. An account is required to save places, to send reports, to confirm a visit with no issues and to scan menus.

Accounts are created by signing in with Google or Apple. The App never asks for or stores a password: the Owner only receives from Google or Apple a unique account identifier and the User’s name and email address, as well as the profile photo with Google. With Apple, Users may choose to hide their email address, in which case the Owner receives an Apple relay address instead. Other sign-in methods may be added later.

Users are responsible for keeping access to their Google or Apple account safe and agree to be fully responsible for all activities that occur under their account.

Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document if they think their account, access credentials or personal data have been violated, unduly disclosed or stolen.

Account deletion

Users can stop using the App at any time and can delete their account directly in the App, in Settings → your name at the top → Delete my account.

Deleting an account deletes its profile, saved places, “Ate here, no issues” confirmations and reports.

The Privacy Policy explains in detail what is deleted.

Account suspension and deletion by the Owner

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

Where the information comes from

The Owner’s team chooses the cities covered by the App, adds each restaurant by hand with its name and address, and checks its position on the map.

To check a restaurant, a member of the Owner’s team reads its public online reviews by hand, like any visitor would: the negative ones (1 to 3 stars) from the last 12 months. Nothing is copied from the reviews: not their text, rating or photos, nor the name of the person who wrote them. For each food-safety problem found, the team member only notes its type (food poisoning, unsafe food, allergen issue or hygiene concern), how serious it is and the month of the review. These notes are never published. They count for 12 months after the month of the review, and are then deleted.

The App does not show ratings, review counts or photos from other websites.

Which restaurants are shown

A restaurant is shown on the map, as Low concern, only once the Owner’s team has checked it. It is not shown if, in the last 12 months:

the Owner’s team noted food poisoning or an allergen issue, even a mild one;
the Owner’s team noted or a User reported unsafe food or a hygiene problem that was more than mild; or
a User reported something serious.

Orange areas are neighborhoods where the Owner’s investigation has identified food-safety concerns at more than a third of the places checked. Red areas are neighborhoods where the Owner’s investigation has identified food-safety concerns at half or more of the places checked. An orange or red area describes a neighborhood, not any single restaurant in it. The restaurants shown on the map are those where the Owner’s investigation has not identified any significant food-safety concern.

IF A RESTAURANT IS NOT ON THE MAP, IT DOES NOT MEAN THAT A PROBLEM WAS FOUND. THE APP DOES NOT SHOW EVERY RESTAURANT, AND DOES NOT SAY PUBLICLY WHY A RESTAURANT IS NOT SHOWN.

NEITHER AN ORANGE OR RED AREA NOR THE ABSENCE OF A RESTAURANT FROM THE MAP IS A STATEMENT ABOUT ANY PARTICULAR RESTAURANT.

“Low concern” means that the Owner’s review has not identified any significant food-safety concern for the restaurant. It may still have had minor or older problems. This review is an analysis of the information available to the Owner, such as Users’ reports and public online reviews. It is not an on-site inspection. The restaurant’s page shows the month of its last check, and the restaurant may have changed since.

“LOW CONCERN” DOES NOT MEAN THAT A RESTAURANT IS SAFE. IT IS NOT AN OFFICIAL RATING, AN INSPECTION RESULT OR A CERTIFICATE, AND THE OWNER IS NOT A PUBLIC HEALTH AUTHORITY.

“Ate here, no issues” confirmations are shown on a restaurant’s page for information only. They do not decide whether a restaurant is shown, but when you zoom out, restaurants with more confirmations are shown first.

The Owner may change at any time how restaurants are checked and which ones are shown.

No guarantee on the information

The Owner does not check on site the information shown in the App and cannot guarantee that it is accurate, complete, up to date or suitable for any purpose. This applies to the data the Owner has entered or collected in the App as much as to the content provided by Users. In particular:

a restaurant may have closed, moved, changed owners or improved its practices since the information was collected;
names, addresses or locations may be wrong or out of date;
the Owner’s team may misread a review, choose a wrong category or severity, attach an incident to the wrong restaurant, or miss an incident;
a report sent by a User may be wrong or dishonest.

The Owner’s team reads every report and accepts or rejects it before it counts, and may correct or remove information, but it cannot check that a report is true.

YOU AGREE THAT THE OWNER SHALL NOT BE RESPONSIBLE FOR ANY SUCH INFORMATION. YOUR RELIANCE ON ANY SUCH INFORMATION IS AT YOUR OWN RISK, AND YOU REMAIN RESPONSIBLE FOR YOUR OWN CHOICES.

If you notice an error, please report it to contact@lemanbyte.com.

Medical disclaimer

The Service is solely for informational use. The App is not a healthcare or medical provider and does not give medical advice, diagnosis or treatment. If you feel sick after a meal, contact a doctor or, in an emergency, your local emergency number.

DO NOT RELY ON THE APP TO DECIDE WHETHER A DISH OR A RESTAURANT IS SAFE FOR AN ALLERGY OR AN INTOLERANCE: ALWAYS CHECK WITH THE RESTAURANT.

PLEASE CONSULT YOUR MEDICAL ADVISOR BEFORE MAKING ANY HEALTH-RELATED DECISION. YOU AGREE THAT THE OWNER IS NOT RESPONSIBLE FOR ANY HEALTHCARE DECISIONS THAT YOU MAY MAKE.

Menu scan

With an account, Users can take or choose a photo of a restaurant menu in the Scan tab. The App sends it to service providers that read its text (Google Cloud Vision) and, with an artificial intelligence model (Anthropic’s Claude), find the dishes and describe them in the App’s language. Each dish gets a colored dot: green, orange or red for how risky the dish usually is for a traveler’s stomach, or grey when the dish is not known.

Unlike the information about restaurants, this result is written automatically and is not checked by the Owner’s team. It may misread the menu, miss a dish, describe a dish wrongly or give it the wrong color. It is about how a dish is usually prepared, in general: it says nothing about how the restaurant prepares it, nor about the restaurant, its hygiene or its food safety.

A GREEN DOT DOES NOT MEAN THAT A DISH IS SAFE, AND THE MENU SCAN SAYS NOTHING ABOUT ALLERGENS: ALWAYS ASK THE RESTAURANT. YOUR RELIANCE ON THE MENU SCAN IS AT YOUR OWN RISK.

Only photograph menus, and only when you are allowed to. Do not photograph people or documents with personal information. By scanning a photo, Users allow the Owner and its service providers to process it for the sole purpose of returning the result. The Owner does not keep it (see the Privacy Policy).

Each account can scan up to 20 photos per calendar month. Every photo counts, even when no dish is found on it, unless the menu scan fails because of a technical problem on the Owner’s side. The Owner may change this limit, or change or stop the menu scan, at any time.

Content in the App

The content created by the Owner (the App’s design, texts, logos and software) is owned by the Owner or its licensors.

The App is not affiliated with, endorsed or sponsored by the restaurants listed in it, nor by the websites where online reviews are published.

The Owner undertakes its utmost effort to ensure that the content provided in the App infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content in the App: All rights reserved

The Owner holds and reserves all intellectual property rights for its own content.

Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available in the App, nor allow any third party to do so through the User or their device, even without the User’s knowledge.

Where explicitly stated in the App, the User may download, copy and/or share some content available through the App for their sole personal and non-commercial use, provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Content provided by Users

Users can contribute to the App by sending incident reports (a category, a severity and the month of the visit) and by confirming a visit with no issues.

By providing content to the App, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

Rules for reports

A report must describe a real visit that you made yourself in the last 12 months, and must be accurate and honest.
Reports are never published: other Users cannot see them, nor who sent them. You need an account to send one, and it stays linked to your account.
A report counts only once the Owner’s team has read and accepted it. The team may also reject a report, which is then deleted.
A report counts for 12 months after the month of the visit. After that, it no longer counts and is deleted automatically.
An account can report a restaurant only once, and can only send a limited number of reports per hour and per day.
You can delete a report at any time in Settings → your name at the top → My reports, or ask the Owner to (see the Privacy Policy). If it had been accepted, the restaurant is reviewed again without it. Deleting your account also deletes your reports.

License granted to the Owner

By sending a report, Users grant the Owner a non-exclusive, worldwide, royalty-free license to store and use it for the sole purpose of deciding whether the restaurant concerned is shown in the App, and of checking that reports follow these Terms. The Owner does not publish reports, does not sell them and does not use them for any other purpose, unless the law requires it. This license ends when the report stops counting or is deleted.

By submitting content, Users also warrant that: (a) it is accurate and true; and (b) they are not entitled to compensation or attribution in exchange for it.

The Owner is under no obligation to keep any content submitted by Users, and may withhold, remove or discard it at any time.

Liability for provided content

Users are solely liable for any content they provide through the App. The Owner’s team reviews every report before it counts and may reject it.

The Owner reserves the right to remove, delete, block or correct such content at its own discretion and, without prior notice, to deny the User who provided it access to the App:

upon becoming aware of any (alleged) violation of these Terms, any third-party rights, or applicable law, based on such content;
if the content appears to be false, abusive or unrelated to a real visit; or
upon order of a public authority.

The removal, deletion or blocking of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.

Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or through the App.

Restaurants listed in the App

If you own or represent a restaurant listed in the App, you can ask the Owner to remove it from the App, for example because it has closed, or to correct information about it. Use “Is this your restaurant?” on the restaurant’s page or Settings → Help and contact → Restaurant owners: both open an email to contact@lemanbyte.com, and you do not need an account. Please give the name and address of the restaurant, what you are asking for and why.

The Owner reviews every request and replies by email. A request does not change anything in the App by itself. The Owner corrects, hides or removes information when the request is justified, but may keep a restaurant in the App when its information appears accurate.

Reporting unlawful content

If you believe that content in the App infringes your rights (for example your copyright, trademark, privacy or reputation) or is otherwise unlawful, send a notice to contact@lemanbyte.com that includes:

your name and contact details;
the restaurant or other content concerned, described precisely enough for the Owner to find it;
why you believe the content is unlawful or infringes your rights;
if you act on behalf of someone else, a statement that you are authorized to do so;
a statement that the information in your notice is accurate and given in good faith.

Notices that do not include this information may not be processed.

Access to external resources

Through the App, Users may have access to external resources provided by third parties, such as signing in with Google or Apple, the map, which uses data from OpenStreetMap contributors and OpenFreeMap, and the menu scan, which uses Google Cloud Vision and Anthropic. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third party’s terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

The App and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of the App and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, including denying Users access to the App or the Service, terminating contracts, and reporting any misconduct performed through the App or the Service to the competent authorities, such as judicial or administrative authorities, whenever Users are suspected to be in violation of any laws, regulations, third-party rights and/or these Terms, including, but not limited to, by engaging in any of the following activities:

Conduct restrictions

pretending to fulfill any possible condition or requirements for accessing the App and/or using the Service, such as for instance being old enough according to law or qualifying as a Consumer;
concealing their identity or stealing someone else’s identity or pretending to be or represent a third party, if not allowed to do so by such third party;
defaming, abusing, harassing, using threatening practices, threatening or violating the legal rights of others in any other way;
probing, scanning or testing the vulnerability of the App, including the services or any network connected to it, or breaching the security or authentication measures of the App, its services or any network connected to it;
installing, embedding, uploading or otherwise incorporating any malware into or via the App;
using the App or the technical infrastructure in an abusive, excessive or otherwise inappropriate way (for example: for spamming purposes);
attempting to disrupt or tamper with the technical infrastructure in a manner that harms or places an undue burden on the App or the Service;

Excessive use of the Service

using a resource of the App excessively in relation to other Users. In such cases, the Owner, at its sole discretion, additionally reserves the right to suspend the User’s account or limit the related activity until the User reduces the excessive consumption;

Use of the App’s servers

accessing the App’s servers (API) other than through the App, or sending abusive or excessively frequent requests to them. The Owner will determine what constitutes abuse or excessive usage and reserves the right to temporarily or permanently block such access;

Automated data extraction

adopting any automated process to extract or harvest information, data and/or content from the App and all the digital properties related to it, unless explicitly allowed to do so by the Owner;

Content restrictions

sending reports about a visit that did not happen or that you did not make yourself, several reports about the same incident, or reports about a restaurant you own, work for or compete with, or for which you are paid or rewarded;
scanning photos that are not of a menu, that show people or other people’s personal information, or that are unlawful;

User protection

misappropriating any account in use by another User;

Commercial use restrictions

registering or using the App in order to promote, sell or advertise products or services of any kind in any way;
indicating or trying to imply in any manner that a User stands in a qualified relationship with the App or that the App has endorsed the User, the User’s products or services or any third party’s products and services for any purpose.

Emails and messages

The Owner may use the email address linked to your account to contact you about your account, the requests you send or important changes to these Terms.

Our intellectual property

Our graphics, logos, the App’s name, designs, page headers, button icons, scripts and service names are our trademarks, trade names and/or trade dress. The “look” and “feel” of the Service (including color combinations, button shapes, layout, design and all other graphical elements) are protected by copyright and trademark law. The App’s product names, service names, trademarks and service marks (“Marks”) are our property. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.

You acknowledge that the software used to provide the Service, and all enhancements, updates, upgrades, corrections and modifications to the software, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain our sole and exclusive property or that of our licensors, as the case may be. This Agreement does not convey title or ownership to you, but instead gives you only the limited rights set forth herein.

Enforcement and termination

We reserve the right to deny all or some portion of the Service to any User, in our sole discretion, at any time. Further, your representations, defense and indemnification obligations survive any termination of this Agreement.

Liability and indemnification

Unless otherwise explicitly stated or agreed with Users, the Owner’s liability for damages in connection with the execution of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand, including but not limited to lawyer’s fees and costs, made by any third party due to or in relation with any culpable violation of these Terms, third-party rights or statutory provisions connected to the use of the Service by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable law, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of material contractual obligations such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as the App has been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar state and territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of warranties

The App is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties, whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at Users’ own risk and Users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The Owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:

any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service;
any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
any errors, mistakes, or inaccuracies of content;
personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
any interruption or cessation of transmission to or from the Service;
any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
the defamatory, offensive, or illegal conduct of any User or third party.

In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding USD 100.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the User has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to the User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:

User’s use of and access to the Service, including any data or content transmitted or received by User;
User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
User’s violation of any statutory law, rule, or regulation;
any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
User’s willful misconduct; or
statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw personal data or information and will respect Users’ rights relating to continued product use and/or compensation, as provided for by applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts etc.).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of the App and of its Service without the Owner’s express prior written permission.

Privacy policy

To learn more about the use of their personal data, Users may refer to the Privacy Policy of the App.

Read the Privacy policy

Changes to these Terms

The Owner may change these Terms at any time. The new version is published on this page with its new date. For important changes, the Owner will also tell Users in the App or by email.

Such changes will only affect the relationship with the User from the date communicated to Users onwards.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.

The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previous version from the Owner.

If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of the App must be sent to contact@lemanbyte.com.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Severability: US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

Severability: EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts. In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Governing law and jurisdiction

Governing law

These Terms are governed by the law of Switzerland, where the Owner is based, without regard to conflict of laws principles.

Prevalence of national law

However, regardless of the above, if the law of the country that the User is located in provides for higher applicable consumer protection standards, such higher standards shall prevail.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of Geneva, Switzerland.

Exception for Consumers in Europe

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.

Definitions and legal references

The App (or this Application)

The property that enables the provision of the Service: the mobile application and its web version.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Business User

Any User that does not qualify as a Consumer.

Consumer

Any User qualifying as such under applicable law.

European (or Europe)

Applies where a User, regardless of nationality, is in the EU.

Owner (or We)

Indicates the natural person(s) or legal entity that provides the App and/or the Service to Users.

Service

The service provided by the App as described in these Terms and in the App.

Terms

All provisions applicable to the use of the App and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You)

Indicates any natural person or legal entity using the App.