These general conditions of use of BeThey (hereinafter, “General Conditions“) regulate the use and access to the application “BeThey“ (hereinafter, the “App“ and/or BeThey indistinctly), owned by Agvar ByThey, S.L. (hereinafter, “the Company“, “We“ and/or “Us“ indistinctly). The acceptance of these General Conditions implies a binding contractual relationship between you (hereinafter the “User“) and the Company. The access and use of the App implies the knowledge and acceptance of the following General Conditions.
The following data identifying the owner of the App:
BeThey is a social network that allows its users to access content in the form of videos published by celebrities, sport people, influencers, and people from the world of culture, among others, (hereinafter, the “Creators“) of a maximum duration of one (1) minute of time (hereinafter, “the Content“ and/or “video/videos“ interchangeably). Each of the users of the App may purchase the videos that they wish to view from each Creator.
In order to become a User and be contractually bound, you declare that you are over 15 years of age and/or have sufficient legal capacity to enter into a contract.
To become a User of Content in BeThey, you must register as such, through the App in the section “User Registration“ and complete the form incorporated for this purpose. You can also register through your Facebook account and/or Instagram.
Once the User has completed the registration form, either by including their personal data or using Facebook or Instagram, the User will receive in the email provided for that purpose, the confirmation of registration in the App.
Once BeThey recognizes the User´s registration, he can start purchasing packages for viewing the videos of your favorite Creators.
Based on the above, the User guarantees that the personal information provided is true and accurate, and agrees to notify the Company of any changes or modifications to it.
In the event that the User provides any false, inaccurate or incomplete information or if the Company considers that there are reasonable grounds to doubt the truthfulness, accuracy and integrity of the same, we may deny access and present or future use of the App or any of its contents and / or services.
Once the registration in the App is done, the User can start the formalization of his user profile, in which he can include a nickname, by which he will be recognized by other users of the App and a profile picture, if any.
In order to access the Content published by the Creators, you must first purchase one of the Content packages offered in the App. For more information on how to purchase Content packages, please refer to the section “How to purchase Content packages“ in this document.
The App allows Users to track, by checking the box corresponding to all the Content Creators who wish to do so, creating a list of Creators of interest to the User. Likewise, you can activate as many notifications as you consider appropriate that will inform you about the publication of Content in real time by your Creators.
In this sense, the news of the Creators of Interest will appear in the initial panel of the User. Likewise, the User will also be able to access the Content published by the Creator by accessing the Creator´s profile. On the other hand, the User will be able to search for Content through the App´s search engine, where he can include the name or nickname of his Creator of interest, or even search content by Categories.
According to this, in case the User is not completely convinced of the visualization of the selected video, he can visualize the first five (5) seconds free, and thus determine whether or not he wants to buy the Content in question.
As long as the User has acquired the Content from a Creator, he will be able to include comments about his impressions in the video, thus being able to communicate with the Creator. You can also click on the video to indicate if the content is of interest to you.
On the other hand, once visualized a video, the User will be able to denounce through the established means in the App, any video that considers is not in agreement with the information related to the description of the same one. He can also report a video, if the Creator sends unauthorized messages in the App. For more information about the prohibited activities in the App, please refer to the section of this document entitled “User Responsibilities“.
In general, the following behaviors and/or actions will be prohibited, but not limited to
The content uploaded to the App and/or published, is the exclusive responsibility of the User who publishes such content, exempting the Company from any kind of responsibility for any incidence that such content may produce.
If you detect that a User, uses the App for purposes other than those stipulated in these General Conditions, in an inappropriate and/or illegal way, you must contact Us at the following email address: email@example.com.
For its part, the Company reserves the right to delete and/or block any User account that it considers or has sufficient evidence that these General Conditions are being violated, regardless of the legal actions that it may exercise at any time.
BeThey is only a social network where registered Users can view videos offered by Creators, who belong to the world of fashion, film, music, sports, among others.
The Company is not responsible for the authenticity, accuracy, reliability, legality, as well as possible violations of third party rights by Users and Creators. In this sense, Users understand that We are an independent company that makes the App available to them, and that it does not assume any responsibility derived from the information provided by the Users, nor for the damages or losses that may eventually be suffered by third parties due to publications and/or non-compliance with these General Conditions by the Users.
Users are fully responsible for the access and correct use of their account at BeThey and other contents of the App, subject to current legislation, whether national or international, as well as the principles of good faith, morals, good customs and public order. And specifically, they undertake to diligently observe and comply with these General Conditions.
Users shall refrain from using their profile and the rest of the contents of the App for illegal purposes or effects and that are harmful to the rights and interests of others, or that in any way may damage, disable, affect or impair the App, its contents and services. It is also prohibited to prevent the normal use or enjoyment of the App to other Users.
The Company cannot be held responsible for the editorial content, and expressly declares that it does not identify itself with any of the opinions that may be issued by the Users and/or Creators in the App, for which the issuer is entirely responsible.
Those who do not comply with such obligations shall be liable for any damage or harm they cause. The Company shall not be liable for any consequence or damage that may arise from such illegal access or use by third parties.
In addition to the above, and to the extent permitted by law, and except as otherwise provided in these General Conditions, in no event shall the Company be liable for personal, incidental, special, direct or indirect damages, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damage or loss, related to the use or inability to use the App, regardless of cause, regardless of the theory of liability (contractual or tort or any other) and even if the User has been advised of the possibility of such damages.
User may purchase Content from the Creators through the purchase of Content Packs. He can purchase the Content Packages, as well as make a comparison of all the Content Packages offered through the following link or through the App.
The prices of the Content Packages will appear in Euros, and will include all the corresponding and legally established taxes for each country, if applicable.
Also, at the time of purchase of any of the Content Packages offered in the App, the User may choose to make a donation to an entity.
The User may make payment for the selected Content Package, through the payment gateway provided for that purpose.
The Content Packages do not expire at any time, so that the User may make use of such Content Package during the period of time desired by the User.
The elimination of the application in your device does not imply in any case the cancellation of the service. The user can unsubscribe at any time, and will continue to enjoy the BeThey service until he or she spends his or her Content Package and/or requests the unsubscription of the App. Always in compliance with applicable regulations, payments are non-refundable and no partial refunds are provided. This means that at the time of purchase of a Content Package, the User can enjoy it until it is used without refunding the amounts that have not been used.
Right of Withdrawal
Notwithstanding the foregoing, the User has fourteen (14) days from the purchase of any Content Package to withdraw from the BeThey service without having to justify such decision. After the fourteen (14) days following the purchase of a Content Package, the User will lose the right to a refund of the amount paid for the purchase of the subscription.
In the event that the User exercises his/her right of withdrawal, he/she will be refunded the amount paid for the Content Pack, minus the proportional part of the amount of the Content
Package used, which in no case will exceed fourteen (14) days. The Company will refund the amount within a period of fourteen (14) days from the date on which it receives the request to cancel the service related to the withdrawal period.
The cancellation and / or unsubscription of the App, may be done through email firstname.lastname@example.org, indicating your desire to unsubscribe from the App. In this regard, BeThey will confirm through the same means of contact, and for that purpose, the execution of the cancellation in the user´s App.
The authorship and ownership of the Content that each Creator uploads to the App is the Creator´s own. However, the Creator grants a worldwide, exclusive, free, transferable and sublicensable license to use, copy, publicly communicate, edit, modify, translate, exploit, distribute and/or reproduce such content, including the User name and profile picture of the BeThey account.
The contents related to trademarks, domains, logos, drawings or documentation, including software, computer programs, or any element that may be subject to protection by the legislation of intellectual or industrial property, which may be accessible to Users, are owned by the Company and / or it has a license, and all rights of use are expressly reserved.
The User may use such material only as expressly authorized by the Company.
Any improper use of the Service or breach of obligations by the User may result, at the Company´s discretion, in the cancellation of the account, or suspension of the Service until the issue is resolved, if any.
Also, the User agrees not to remove, delete, alter, manipulate or in any way modify:
The User acknowledges that, by virtue of these General Conditions, the Company does not assign or transfer to him/her any right over its Intellectual and/or Industrial Property titles, or over any other third party properties. The Company only authorizes the User to access and use them in accordance with the terms indicated in these General Conditions.
The User is not authorized to copy, distribute, transmit, communicate, modify, alter, transform, assign or, in any other way, carry out activities that involve the commercial use of the Company´s and/or Creator´s Intellectual and/or Industrial Property rights, either partially or totally, without the express consent, granted in writing, of the legitimate owner of the exploitation rights.
The Company reserves all the Industrial and/or Intellectual Property rights that correspond to it.
The Company does not grant any other license or authorization of use to the User on its rights of Intellectual Property and Industrial property other than that expressly detailed in this clause.
The Company reserves the right to terminate or modify at any time and for any reason, the licenses granted under these General Conditions. Without prejudice to this, we may take legal action against any use by the Creator that
In the event of any claim and/or incident attributable to the Company related to the Service, we have a complaint procedure that is initiated through the email address email@example.com. Once this communication has been initiated, we will work together with the User to gather the necessary information about the claim and/or incident. The Company undertakes to reply to the User within a period not exceeding seventy-two hours (72 hours) from receipt of the complaint.
If any of the clauses of the present General Conditions were to be null and void or voidable, it would be considered not to have been put in place. This declaration of nullity will not invalidate the rest of the document, which will maintain its validity and effectiveness between the Parties.
In the event that any conflict or discrepancy arises in the interpretation and/or application of the General Conditions, the competent courts will be those provided by the applicable legal rules on jurisdiction.
We reserve the right to modify this Terms and Conditions document at any time. In case of making any changes to the Conditions, these will be published in the App and the date of publication will be indicated, so that the User knows the date on which such modification has become effective. In any case, the user will receive a notification through electronic means on the update of the Conditions of Use of ByThey before its publication in the App.
Date of publication: 5 of November of 2020