Terms of Usage

Welcome to By Hunters, we strive to deliver a "best in class" digital solution and experiences to give people the power to build communities and bring the outdoor world closer together. We want to support people who thrive by the outdoors living their passion - hunters. We are providing a digital platform offering our social media app and channels which are enabling the users to create groups and guilds to foster interesting and rewarding online communities, where people can share experiences, stay connected, get inspired, and learn together.

1            Introduction

1.1            The By Hunters mobile platform (the `app`). We`ll refer to our app and other Services as our "Services", and By Hunters will be addressed individually or collectively as "By Hunters", "we", "us", or "our". Do read through the following Terms of Use (EULA) carefully before using the By Hunters App, our Site or any of our Services. By downloading and accessing the By Hunters App, you are agreeing to be bound by these Terms of Usage, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the aforementioned app and service. The materials contained on that website or in the app are protected by applicable copyright and trademark law.The Terms are here for you, so that you are aware of your legal rights when using our Services.

1.2            This document and any documents referred to within it will collectively make up the `Terms of Usage`.

1.3            Our "Services" include (a) the mobile application for hunters and hunting Guilds (the “App”), (b) Our website (c) the Services provided by the app, (d) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application Services. Any new features added to or augmenting the Services are also subject to these Terms of Usage. Content that is posted by Users using our Services will be "Your Content". Your Content includes your usernames, guild names, profile pictures, photos shared, guild descriptions, reviews, comments, videos etc.

1.4            We reserve the right to change, modify, suspend or discontinue all or any part of the App, Site or Services at any time. We may release certain Services or their features in a Silent Launch while they are still considered to be a beta version, which may not work correctly or in the same way as how the final version may work and cannot be held liable in such instances. We may also impose limits on certain features or restrict your access to parts of, or the entire Site or Service at our sole discretion without notice or liability.

1.5            We reserve the right to refuse to provide you access to the Site or Service or to allow you to open an Account for any reason.

2            Privacy

2.1            We know your personal information is important to you, so it's important to us.Our Privacy policy details how your information is used when you use our Services.When using our Services or providing information on the Site, you consent to Our collection, use, disclosure, and processing of Your Content and personal data as described in the Privacy Policy.(LINK)

2.2            Users who are admin users e.g. at a guild or an event – and who come in possession of another User's personal data obtained through the use of the Services hereby agree that, they will

(a) comply with all applicable personal data protection laws,

(b) allow User(owner of personal data) the right to remove their collected data from User(receiver of personal data) from the database upon request.

 

3            Your Account

3.1            In order to use some of our Services You will need to create an account with Us.Here are a few rules about accounts with Us:

3.1.1   You must be 16 years or older to use our Service.

3.1.2           Be honest with us and provide accurate information about yourself. It's not OK to use false information or impersonate another person or company through your account.

3.1.3           You are responsible for your account. You`re solely responsible for any activity on your account.If you`re sharing an account with other people, then the person's name on the account will ultimately be responsible for all activity. If you`re registering as a business or organisational entity such as instructor, association or other, you personally guarantee that you have the authority to agree to the Terms on behalf of the entity. Also, your accounts are not transferable.

3.1.4           As we`ve mentioned above, you`re solely responsible for any activity on your account, so remember to keep your login and password secure.

4            Your Content

4.1        Content that you post using our App and Services is your content. This includes usernames, guild or estate names, profile pictures, shared photos, listing descriptions, reviews, comments, video, etc.

4.2           You are solely responsible for Your Content. You represent that you have all necessary rights  to Your Content and you`re not infringing or violating any third party's rights by posting it.

4.3           By posting Your Content through our APP and/or Services, you grant us a license to use it. This license allows us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store and prepare derivative works of Your Content to promote the Services or our Site. We do not claim ownership to Your Content, but we have your permission to use it to help us function and grow.

4.4           If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us on legal@byhunters.co. If your Content infringes another person's intellectual property, we will remove it if we receive proper notice.

4.5           You agree to not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited Items section. You also agree not to post any content that is false, misleading or uses the Services in a manner that is fraudulent or deceptive.

4.6        As a user, no matter whether on Guest or Pro plan, you provide your consent for us to send you emails. The purpose of sending you regular mails are either for information on new features, enhancements, updates or general news from By Hunters and updates related to hunting. Another reason for asking your consent is for legal reasons, giving you consent will provide us the possibility to inform on any legal changes, potential breach, threats or any other occasion which might impose a risk for your user account, data loss or other. Even when giving you consent now, we have provided you with the ability to opt out, via a link, any time you want.

5            Your Use of Our Services

5.1            We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal and international laws that may apply to you.

5.2            You agree not to attempt to obtain source code of the Services. You agree to not interfere with or disrupt/harm our Services. All proprietary content, trademarks, service marks, brand names, logos and other intellectual property displayed in the Site are the property of By Hunters and where applicable, third party proprietors identified in the Site. You agree not to copy, distribute, republish, mirror, frame or create derivative works without our prior written consent.

You as a End-User must represent and warrant that (i) you is 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

5.3            Violations of this policy may if deemed necessary by us result in a range of actions, including but not limited to the following: listing deletion, account suspension or legal action.

5.4            If you believe a User on our Site is violating these terms, please contact us on legal@By Hunters.eu.

5.5            By Hunters reserves the right to cancel, revoke or reverse orders due to Sellers or Buyers misconduct, erroneous utilisation by the user or any technical errors on the site.

6            Subscriptions

6.1            Registering is free.

         You are always able to sign up for a Free Subscription of the app, while you are investigating   the potential usage,features and functions.

If you participate at hunts or events where the guild or organiser is using the By Hunters App and or Services, you can participate by only signing up for a Free account.

6.2            Paid Accounts

We offer certain premium versions of the app (the “Payable Subscriptions”) for a fee. By signing up for and using the Payable Subscriptions, you agree to our Terms, and any additional terms and conditions provided here.

6.2.1         The Payable Subscriptions provide you access to certain enhanced products, services, features and functionality (e.g., premium graphs and analysis, exclusive data). By signing up for and using the Payable Subscriptions, including signing up for Free Trials of the Payable Subscriptions, you agree to pay any fees or other incurred charges that apply to the Payable Subscriptions (such as subscription fees).

6.2.2          When you sign up for the Payable Subscriptions, you must designate and provide information about your preferred payment method (“Payment Method”). This information must be complete and accurate, and you are responsible for keeping it up to date. You expressly authorize us to collect via automatic debit or ACH from your Payment Method the appropriate fees charged for the Payable Subscriptions and for any other purchases you elect to make via the Websites.

6.2.3           Unless otherwise stated, all fees due for the Payable Subscriptions are payable in advance, and will be billed automatically to the Payment Method at the start of the annual period, as applicable. Unless otherwise stated, Payable Subscriptions will auto-renew until you elect to cancel your access to Payable Subscriptions. All purchases of Payable Subscriptions are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Region or Country.

6.3            Termination or Cancellation of Payable Subscriptions

6.3.1           If you do not pay the fees or charges due for your use of the Payable Subscriptions, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Payable Subscriptions (and may do so without notice).

6.3.2           You can cancel the Payable Subscriptions at any time. Once you have cancelled your Premium Website and received confirmation, no other changes can be made to your account. The cancellation of a Premium Website will go into effect at the end of your current billing cycle, and you will have the same level of access to the Premium Website through the remainder of such billing cycle.

6.3.3           There are no refunds for termination or cancellation of your Premium Website. If you no longer wish to subscribe to a Premium Website, it is your responsibility to cancel your Premium Website in due time, regardless of whether or not you actively use the Premium Website.

6.4            Fee Changes

6.4           To the maximum extent permitted by applicable laws, we may change our prices for the individual Subscriptions at any time. We will provide you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Website, app  and/or by sending you an email notification. If you do not wish to pay the new subscription prices, you can cancel the applicable payable subscription prior to the change going into effect.

7.0           Discount, Campaign or Gift Codes

7.1           If you have received a discount, campaign or gift code e.g. to a Pro Subscription, the following terms and conditions apply in addition to the terms and conditions of the specific code. To redeem a discount or coupon code, log in to the app or website and enter the applicable code to take advantage of the relevant promotion.

7.2           All discounts, gift and coupon codes can only be applied when subscribing to specific levels of subscriptions, and in most cases to accounts not already subscribed to paying usage.

7.3           Discount, coupon and gift codes cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts. A payment method may be required to redeem a discount or coupon code. It is your own responsibility to use a discount, coupon or gift code before it expires, and expired codes cannot be refunded or extended. It is also your responsibility to terminate the payable Subscription before the end of a free or discounted period if you do not want to continue with a Subscription at the regular price.

7.4           The terms and conditions of a specific discount, coupon or gift code may include additional restrictions on its use, including but not limited to the type of plan, duration of free or discounted Premium Website, coupon validity dates, and/or purchase quantities. By Hunters reserves the right to cancel discounts and coupon promotions at any time.

7.5            Free Trials - Payable Subscriptions

7.5.1           We sometimes offer free trials of our Payable Subscriptions or other promotional offers (each a “Free Trial”). A Free Trial provides you access to the Payable Subscriptions for a period of time, with details specified when you sign up for the offer.

7.5.2           In order to sign up for a Free Trial, you may need to provide us with your preferred Payment Method. As soon as you submit your payment details, your Free Trial will begin. You will not be charged until the Free Trial period ends.

7.5.3           Unless you cancel before the end of the Free Trial, or unless otherwise stated, your access to the Payable Subscription will automatically continue and you will be billed the applicable fees for the App using the Payment Method you provided. All incurred charges are final and non-refundable, except at our sole discretion and in accordance with the rules governing the App and Services. We will send you a reminder when your Free Trial is about to end, but we do not guarantee any such notifications. It is ultimately your responsibility to know when the Free Trial will end if you decide you do not want to become a paying Payable Subscriptions user after the Free Trial period.

7.5.4           If you decide you do not want to become a paying Payable Subscriptions user, you must cancel your subscription before the end of the Free Trial period. Depending on the applicable law, you may lose access as soon as you cancel or at the end of the Free Trial period. Once you have cancelled your Free Trial and received confirmation, you cannot resume the Free Trial period even if it was not used for the entire duration of the offer.

7.5.5           The Payable Subscription features and content may change at any time, and we cannot guarantee any specific feature or content will be available for the entire Free Trial period. The rates in effect when you sign up for the Free Trial will be the same when the Free Trial ends, unless we notify you otherwise. We reserve the right, in our absolute discretion, to modify or terminate any Free Trial offer, your access to the Payable Subscriptions during the Free Trial, or any of these terms without notice and with no liability. You may not sign up for more than one Free Trial of a given Payable Subscription at the same time, and we reserve the right to limit your ability to take advantage of multiple Free Trials.

8            Purchase and Payment

8.1            Currently we support Subscription payments via AppStore and Google Play. These payments are processed through third-party payment channels and may vary depending on the jurisdiction you are in.

8.2            All sales on the platform are binding.

8.3            Temporary promotional prices do not affect current contracts.

9            Commission

9.1            For any transactions made on our Site, By Hunters computes taxes and may include commission in the selling price displayed on our App or Site. This varies depending on your location as well as your vendor's location.

9.2            By Hunters commission and taxes applicable to our service will be held and paid by By Hunters before settling payment.

9.3            All third-party payment channels may charge users an additional fee for payment processing. This fee will be dependent on the Seller's location as well as your Buyer's location. All payment processing fees imposed by third party payment providers will be levied on the Seller.

10        Disputes with Other Users

10.1         If you find yourself in a dispute with another User of our Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

10.2         Should you be unable to resolve the dispute between you and another User, we may step in to help resolve the dispute. If you would like us to get involved, please contact us on legal@byhunters.co  and provide the details of the transaction and nature of the dispute. We will help in good faith based on our policies. However, we will not make judgments regarding legal issues or claims.

10.3         Whether you are a Buyer or a Seller, you must cooperate with us throughout the dispute resolution process. We ask that you provide all information relating to the dispute that we request. Such requests will be directed to your designated email address. If we are unable to get a response from you, we may close the investigation or determine that the investigation has been resolved in favour of the other party.

11        Disputes with Us

11.1         If you are upset with us, please let us know on support@byhunters.co  and hopefully we can resolve your issue. If we are unable to resolve the issue, these rules will govern any legal dispute involving our Services:

11.2  Governing Law. The By Hunters`s local laws govern the Terms of Usage. The local laws are the laws for Denmark as the location of By Hunters’s incorporation, as well as the laws of Seller and Buyer countries.These laws apply no matter where in the world you live.

11.3    You agree that any dispute or claim between you and By Hunters including arising from the Terms will be settled in Denmark by Danish courts.

12        Changes to the Terms

12.1         We are constantly updating and improving the App and Services to try and find ways to provide you with new and innovative features, functions and Services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Service.

12.2         We may revise the Terms of Usage, but the most current version will always be at this link.

12.3         We will try, where possible and reasonable, to contact you to let you know about significant changes to any of the documents referred to in these Terms of Usage . We may make contact through the system or via a separate email.

12.4         The current version of the Terms of Usage contains the only terms that apply to our relationship with you. Older versions of the Terms of Usage  will no longer apply to our relationship and will be completely replaced by the current version

12.5         If you see a listing that violates our policies, please contact us on legal@byhunters.co

13        Contact, feedback and complaints

13.1         If you need to contact us, please click on contact us for our contact details or use any of the above emails. We value hearing from our Users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.

14        Indemnification

14.1         You agree to defend, indemnify and hold harmless By Hunters and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Service, or from or in connection with any Content uploaded to the Service through your account by a third party using your account with your knowledge or consent.

15        No Warranty

15.1         The service is provided on an “as is” and “as available” basis without any warranty of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to that You; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Your sole responsibility.

15.2  By Hunters is not responsible for any third-party content that you download, purchase or otherwise obtain through the use of the service or for any damage or loss of data that may result. We do not warrant, endorse, guarantee, or assume responsibility for any third-party application or service that provides access to our service.

16        Limitation of Liability

16.1         To the maximum extent permitted by law, in no event shall By Hunters, its affiliates, agents, directors, employees or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, data or other intangible losses that result from the use of, or inability to use, the service, whether or not By Hunters has been warned of the possibility of such damages and even if a remedy fails of its essential purpose.

17        Entire Agreement; Severability; Waiver

17.1         These Terms constitute the entire agreement between you and By Hunters concerning the Service and replace any prior or contemporaneous agreements, terms or conditions applicable to your use of the Service. If a provision of these Terms is found to be unenforceable, the remaining provisions of these Terms will remain in full force and effect and an enforceable term will be substituted reflecting as closely as possible our original intent. By Hunters’ failure to enforce any provision of these Terms shall not be deemed a waiver of its right to do so later.

18         Assignment

18.1         These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.

19  Intellectual Property Rights

19.1   By Hunters holds all Intellectual Property Rights in regards to the App and the connected Services with full respect to any Third-Party. The App is build upon standard technology and by accepting this Terms of Use agreement By Hunters and You acknowledge that, in the event of any third party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, By Hunters and, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

20        Acceptable Use of the Service

20.1         You may not: access, tamper with, or use non-public areas of the Service, By Hunters’ computer systems, or the technical delivery systems of By Hunters’s providers; probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure; access or search the Service by any means other than By Hunters’s publicly supported interfaces (for example, “scraping”); attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human User during the same period of time); interfere with or disrupt the access of any User, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.

21 Third Party Terms of Agreement

21.1  By Hunters  hereby states that you as the End-User must comply with applicable third party terms of agreement when using Your Application, e.g., if You have a VoIP application, then the End-User must not be in violation of their wireless data service agreement when using Your Application.

22 Third Party Beneficiary

22.1 You and the End-User must acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the End-User’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End-User as a third party beneficiary thereof.

23        By Hunters hunting specific rules

23.1         The By Hunter may be used by participating persons, who are not actively hunting (e.g. Guild Keepers, clappers and dog handlers).

23.2         By Hunters will be adding guiding rules and input for ethical hunting and game preservation

23.2.1 As hunters we have been entered into a contract with the society, and we should acknowledge our role as Ambassadors. We urge Our users to show respect for all wildlife and nature itself and take responsibility for game management and nature conservation

23.2.2 Be respectful of Landowners, hunters, neighbours and the general public.

23.2.3 We encourage neighbouring hunting guilds to coordinate hunts, in order to disturb the  game as little as possible and to secure sustainable game management.

23.2.4 Leave nature in the same condition as you found it. Take with you all waste including gun  shells. Hunting should not leave any trace in nature after you leave.

24        Acknowledgement 

  24.2    By accepting this Terms of Usage, By Hunters and you as a user of the App and   Services acknowledge that the EULA is concluded between By Hunters and you only, and not with Apple, and By Hunters, not Apple, are the solely responsible for the Licensed Application and the content thereof. This EULA may not provide for usage rules for Licensed Applications that are in conflict with, the Apple Media Services Terms and Conditions as of the Effective Date. By Hunters accept these terms and the same do you as an end user.

  25   Developer Name and Address 

Developed by By Hunters ApS

Kanalbuen 20

DK-2870 Dyssegård

+452625 4000

End-User questions, complaints or claims with respect to the Licensed Application should be directed

support@byhunters.co

Copenhagen October 1st.2021

By Hunters Terms of Use