TERMS AND CONDITION OF USE
These terms and conditions of use (“Terms”) along with the privacy policy (“Privacy Policy”) form a legally binding agreement (“Agreement”) between You and Us, being Hypermint Digital Pty Ltd, ACN 697383887, trading as BlyssFeed (“Hypermint Digital Pty Ltd”, “BlyssFeed”, “Our”, “We”, “Us”).
Hence, We insist that You spend time reading these Terms and the Privacy Policy carefully. If You have any questions regarding the same, please contact Us at Hello@BlyssFeed.com. We will try Our best to answer Your queries.
By downloading, accessing, browsing, registering for, or using the App, You agree that You have read, understood, and accepted this Agreement. If You do not agree to this Agreement, You must not access, download, register for, or use the App.
A. DEFINITIONS AND INTERPRETATION
1. Capitalized terms, not defined elsewhere in this Agreement, shall mean as follows:
(a) “Agreement” means these Terms together with the Privacy Policy and any additional terms, policies, notices, or guidelines that apply to the App or any specific feature of the App.
(b) “App” means the BlyssFeed mobile application, website, landing pages, content feeds, features, notifications, embedded content, and related services owned or operated by Us, including any updates thereof.
(c) “AppStore” means the service provided by Apple Inc. and/or its affiliates, a third party, through which You may download or use the App.
(d) “AppStore Terms and Conditions” means the terms and conditions that apply to the use of the AppStore platform and as available at https://www.apple.com/legal/internet-services/itunes/us/terms.html
(e) “BlyssVideos” means the BlyssFeed feature that helps Users discover uplifting, positive, motivational, meditation, wellness, kindness, recovery, nature, good-news, and mood-based video content, including embedded YouTube Shorts or other YouTube videos where available.
(f) “Content” means text, headlines, snippets, summaries, cards, videos, thumbnails, images, metadata, links, recommendations, notifications, publisher information, creator information, source information, and other materials displayed through the App.
(g) “Google Play” means the service provided by Google Ireland Limited, a third party, and/or its affiliates, which You may use in order to download or use the App.
(h) “Google Play Terms of Service” means the terms of service that apply to the use of Google Play and available at https://play.google.com/about/play-terms.html.
(i) “Privacy Policy” means the privacy policy of BlyssFeed, as updated from time to time, which explains how We collect, use, disclose, store, and protect personal information.
(j) “Service” means the App and all services, features, functions, content discovery tools, recommendations, notifications, feeds, embedded players, reports, and related services provided by BlyssFeed.
(k) “Sponsored Content” means content distinct from other regular editorial or curated content displayed on the App, in the form of audio, video, text, image, links, cards, placements, or other media which supports a third-party Person’s brand message, promotion, product, service, or views and which may be identified through font, colour, display schemes, placement, labels, or disclaiming words such as “Ad”, “Sponsored”, “Sponsored by”, “Powered by”, “With”, “Advertorial”, “Promotion”, or other phrases of like meaning.
(l) “Third-Party Content” means any content, article, video, image, headline, source material, publisher material, creator material, platform content, external website, embedded media, link, or metadata that is owned, controlled, hosted, or made available by a third party.
(m) “User” or “You” or “Your” refers to a person who has accepted this Agreement in order to download, access, register for, browse, or use the App.
(n) “YouTube API Services” means YouTube’s application programming interfaces, tools, data, embedded player functionality, and related services used to retrieve, organise, display, recommend, classify, or embed YouTube content.
2. Any reference to the singular includes a reference to the plural and vice versa, and any reference to one gender includes a reference to other gender(s), unless explicitly provided otherwise.
3. Headings and captions are used for convenience only and not for interpretation of this Agreement.
4. Any reference to a natural person shall include their heirs, executors, administrators, and permitted assignees, and any reference to a juristic person shall include its affiliates, successors, and permitted assignees, unless repugnant to the context.
5. References to “including” or “includes” shall be interpreted as “including without limitation”.
B. ABOUT BLYSSFEED
1. BlyssFeed is a positive content discovery and curation service designed to help Users find uplifting news, positive stories, good-news snippets, saved stories, and mood-based video content from around the world.
2. The App may include, without limitation:
(a) short positive-news snippets;
(b) headlines, summaries, tags, categories, and content cards;
(c) links to third-party articles, publishers, creators, websites, and sources;
(d) mood-based feeds and preference-based content discovery;
(e) embedded third-party videos, including YouTube Shorts;
(f) save, share, bookmark, report, and preference features;
(g) push notifications, reminders, recommendations, and curated collections;
(h) advertising, Sponsored Content, affiliate content, or promotional content; and
(i) free, paid, premium, or subscription-based features.
3. BlyssFeed is a discovery and curation layer. Unless We clearly state otherwise, We do not own, create, host, or control Third-Party Content displayed, linked, previewed, embedded, or made discoverable through the App.
4. BlyssFeed aims to provide a calmer and more positive content experience. However, We do not guarantee that every item will be positive, accurate, complete, current, suitable for You, or interpreted as positive by every User.
5. Content provided through BlyssFeed is for general information, inspiration, discovery, and entertainment only. It is not medical advice, mental health advice, legal advice, financial advice, professional advice, or a substitute for consulting a qualified professional.
C. ELIGIBILITY
1. You must be at least 13 years old, or the minimum age required in Your country, to use BlyssFeed.
2. If You are under the age of majority in Your jurisdiction, You may use BlyssFeed only with the consent and supervision of a parent or legal guardian.
3. You must not use BlyssFeed if You are prohibited from using the App under applicable law, app store rules, platform rules, or this Agreement.
4. We may refuse, suspend, restrict, or terminate access to BlyssFeed where We reasonably believe eligibility requirements are not met or where use of the App may create legal, safety, security, platform, or rights-related risk.
D. ACCOUNTS AND SECURITY
1. Some features of BlyssFeed may require You to create an account or provide information such as Your name, email address, preferences, device information, notification settings, or other details.
2. If You create an account, You agree to provide accurate, current, and complete information and to keep that information updated.
3. You are responsible for maintaining the confidentiality of Your login details, passwords, devices, and account access credentials.
4. You are responsible for all activity that occurs through Your account, except to the extent caused by Our failure to use reasonable care or where applicable law provides otherwise.
5. You must notify Us promptly at Hello@BlyssFeed.com if You believe Your account, device, login details, or personal information has been accessed or used without authorisation.
6. We may suspend, restrict, or disable access to Your account if We reasonably believe there has been misuse, unauthorised access, unlawful activity, security risk, breach of this Agreement, or conduct that may harm Users, creators, publishers, partners, platforms, or BlyssFeed.
E. POSITIVE NEWS CARDS, SNIPPETS AND THIRD-PARTY ARTICLES
1. BlyssFeed may display short snippets, headlines, summaries, tags, categories, images, source names, publisher names, or previews of positive-news stories.
2. BlyssFeed snippets are designed to help Users quickly understand the nature of a story and decide whether to read more, save the story, share the story, or open the original source.
3. Where a story is based on, derived from, summarised from, previewed from, or linked to Third-Party Content, the original article, publisher, author, website, platform, and rights holder remain responsible for their own content.
4. BlyssFeed does not claim ownership of third-party articles, publisher content, external source materials, creator content, images, videos, trademarks, logos, or platform materials.
5. BlyssFeed may use automated systems, editorial review, human review, third-party tools, or a combination of methods to select, summarise, rank, classify, or recommend positive-news stories.
6. Automated and human curation may be imperfect. Content may be misclassified, incomplete, outdated, repeated, unavailable, or unsuitable for certain Users.
7. If You require full context, source verification, professional advice, or reliance on a story, You should open and review the original source and consult an appropriate professional where relevant.
F. BLYSSVIDEOS AND YOUTUBE SHORTS
1. BlyssVideos is a feature within BlyssFeed that helps Users discover uplifting, positive, motivational, meditation, wellness, kindness, recovery, nature, good-news, and mood-based video content.
2. BlyssVideos may organise videos into preference-based or mood-based categories, including (Not limited to):
(a) Make me smile;
(b) Motivate me;
(c) Calm me down; and
(d) Humanity.
3. BlyssVideos categories are created by BlyssFeed to help Users discover content. They do not mean that BlyssFeed owns, created, sponsors, endorses, is endorsed by, or is affiliated with the original video, channel, creator, publisher, platform, or rights holder.
4. BlyssVideos may display YouTube Shorts or other YouTube videos using YouTube’s official embedded player and/or YouTube API Services.
5. When a YouTube video is displayed in BlyssVideos:
(a) the video remains hosted on YouTube;
(b) the video remains owned by its respective creator, channel, publisher, platform, or rights holder;
(c) BlyssFeed does not download, copy, edit, re-upload, host, sell, license, or claim ownership of the video;
(d) YouTube branding, channel information, creator attribution, source information, links, player controls, and player functionality may be displayed;
(e) Users may be able to open the video directly on YouTube;
(f) the video may contain advertising, links, overlays, controls, captions, or features controlled by YouTube or the relevant creator;
(g) video availability may change if YouTube, Google, the creator, rights holder, or channel owner removes, restricts, disables embedding, changes privacy settings, changes regional availability, or otherwise changes access to the video; and
(h) We may remove, hide, restrict, reclassify, or stop displaying a video where We consider it appropriate.
6. BlyssFeed does not intentionally obscure, remove, hide, block, replace, or interfere with YouTube branding, creator attribution, YouTube player functionality, YouTube links, YouTube controls, YouTube API data, or advertisements served by YouTube.
7. BlyssFeed does not charge Users specifically to watch content inside an embedded YouTube player. If BlyssFeed offers paid features, subscriptions, advertising, or premium experiences, those features are for BlyssFeed’s independent functionality, such as discovery, personalisation, saving, notifications, user experience, or other non-YouTube features, and not for ownership of, or exclusive access to, YouTube videos.
8. You must not use BlyssFeed to download, copy, scrape, extract, modify, re-upload, sell, license, obscure attribution for, or redistribute YouTube videos or other Third-Party Content.
9. You acknowledge that Your use of YouTube videos, embedded YouTube players, YouTube API Services, Google services, and YouTube-linked functionality may be subject to YouTube’s and Google’s own terms, policies, privacy practices, and technical rules.
10. BlyssFeed may use YouTube API Services to identify, retrieve, organise, classify, rank, recommend, or display YouTube video information, including video IDs, titles, thumbnails, channel names, categories, durations, descriptions, availability information, and related metadata.
11. BlyssFeed may use automated systems, human review, or third-party tools to classify videos by mood, positivity, safety, category, duration, source, and relevance.
12. Automated classification may be imperfect. A video may be placed in a category that You, a creator, a rights holder, YouTube, Google, or another person considers inaccurate, unsuitable, or inappropriate.
13. BlyssFeed may store limited YouTube metadata for operational purposes, including displaying videos in the correct category, avoiding duplicates, supporting reports, responding to removal requests, keeping feeds functional, improving recommendations, and monitoring availability.
14. BlyssFeed aims to keep stored YouTube metadata reasonably up to date and may remove, refresh, hide, or stop displaying videos that become unavailable, restricted, non-embeddable, non-compliant, unsuitable, or inconsistent with BlyssFeed’s content purpose.
G. CONTENT AND COMMUNITY POLICY
1. BlyssFeed is designed to provide a positive, uplifting, calmer content experience. We may curate, rank, display, or remove Content in a way that supports this purpose.
2. Users must not use BlyssFeed to submit, share, report, upload, promote, or transmit any content or conduct that:
(a) is unlawful, harmful, abusive, deceptive, fraudulent, defamatory, misleading, or malicious;
(b) is hateful, harassing, threatening, violent, sexually explicit, exploitative, pornographic, or discriminatory;
(c) promotes self-harm, extreme violence, terrorism, dangerous acts, scams, phishing, malware, or illegal activity;
(d) infringes intellectual property, privacy, publicity, consumer protection, contractual, platform, or other rights;
(e) impersonates another person or misrepresents a relationship with any creator, publisher, rights holder, platform, company, or person;
(f) attempts to manipulate the App, recommendations, reports, source attribution, creator attribution, or embedded player features;
(g) is inconsistent with BlyssFeed’s positive-content purpose; or
(h) otherwise breaches this Agreement or applicable law.
3. We may review, hide, remove, restrict, demote, reclassify, disable access to, or stop recommending Content at Our discretion, including where Content:
(a) is no longer available;
(b) appears inaccurate, misleading, or incomplete;
(c) is not suitable for BlyssFeed;
(d) may infringe third-party rights;
(e) may breach this Agreement or third-party platform rules;
(f) may be harmful, offensive, distressing, or unsuitable for certain Users;
(g) has been reported by Users, creators, rights holders, publishers, partners, platforms, or other persons; or
(h) creates legal, reputational, safety, technical, platform, or operational risk.
4. We are not required to display any particular article, video, creator, publisher, source, channel, website, category, feed, or Third-Party Content.
5. We may make moderation decisions using human review, automated systems, third-party services, User reports, source signals, platform data, or any combination of these.
H. COPYRIGHT AND INTELLECTUAL PROPERTY POLICY
1. BlyssFeed, including the App name, logo, branding, trade dress, design, interface, original text, software, features, code, databases, workflows, layouts, and materials created by or for Us, is owned by or licensed to Hypermint Digital Pty Ltd.
2. Subject to Your compliance with this Agreement, We grant You a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use BlyssFeed for personal, non-commercial use, unless We agree otherwise in writing.
3. You must not copy, modify, reproduce, distribute, sell, license, rent, reverse engineer, decompile, disassemble, frame, mirror, scrape, extract, or create derivative works from BlyssFeed’s software, branding, interface, original materials, or proprietary features, except as permitted by law or with Our prior written permission.
4. Third-Party Content remains owned by its respective owners. Nothing in this Agreement transfers ownership of third-party articles, videos, images, logos, trademarks, creator content, publisher content, platform content, or other Third-Party Content to BlyssFeed or to You.
5. All third-party names, logos, trademarks, platforms, channels, publisher names, and creator names remain the property of their respective owners and are used for identification, attribution, source, discovery, or compatibility purposes only.
6. If You believe that Content available through BlyssFeed infringes Your copyright or other intellectual property rights, You may contact Us at Hello@BlyssFeed.com with:
(a) Your name and contact details;
(b) a description of the copyrighted work or intellectual property You claim has been infringed;
(c) the URL, video ID, article URL, source link, screenshot, or other information reasonably sufficient to identify the Content;
(d) a statement explaining Your relationship to the rights holder;
(e) a statement that You believe the use complained of is not authorised by the rights holder, its agent, the platform, or the law; and
(f) a statement that the information You provide is accurate to the best of Your knowledge.
7. We may remove, restrict, reclassify, or stop displaying Content in response to intellectual property complaints, platform rules, creator requests, publisher requests, or legal requirements.
8. Removing Content from BlyssFeed does not remove it from YouTube, publisher websites, social platforms, search engines, app stores, or any other third-party service.
I. CREATOR, PUBLISHER AND RIGHTS-HOLDER REMOVAL POLICY
1. If You are a creator, channel owner, publisher, rights holder, or authorised representative and You believe Your video, article, image, source material, or other content should not appear in BlyssFeed, You may contact Us at Hello@BlyssFeed.com.
2. Your request should include:
(a) Your name and contact details;
(b) the content URL, article URL, YouTube URL, or YouTube video ID;
(c) the channel, publisher, website, or source name;
(d) Your relationship to the content or rights holder;
(e) the reason for Your request; and
(f) any supporting details that help Us assess the request.
3. We may review, remove, restrict, reclassify, demote, or stop displaying the relevant Content in BlyssFeed.
4. We may request additional information before actioning a request, especially where We need to verify identity, authority, ownership, or the nature of the request.
5. Removing Content from BlyssFeed does not remove it from the original third-party platform, website, app, service, or source.
J. USER CONDUCT
1. You agree not to:
(a) use BlyssFeed for unlawful, harmful, abusive, deceptive, misleading, or fraudulent purposes;
(b) attempt to bypass, disable, overload, disrupt, damage, or interfere with security, technical, operational, or access-control features of the Service;
(c) scrape, harvest, bulk download, copy, extract, or misuse Content, metadata, user information, source data, or platform information;
(d) use bots, crawlers, scripts, automated tools, or unauthorised systems to access, overload, reverse engineer, attack, monitor, or disrupt the Service;
(e) upload, submit, report, share, or transmit false, misleading, infringing, abusive, hateful, violent, sexually explicit, exploitative, defamatory, or unlawful material;
(f) impersonate another person or misrepresent Your relationship with a creator, publisher, rights holder, platform, company, or other person;
(g) interfere with YouTube embedded players, YouTube branding, YouTube links, YouTube ads, creator attribution, publisher attribution, source attribution, or third-party platform functionality;
(h) use BlyssFeed in a way that infringes intellectual property, privacy, publicity, consumer protection, contractual, platform, or other rights;
(i) use BlyssFeed to create, distribute, or promote malware, spam, phishing, scams, or unauthorised commercial activity;
(j) access or use another User’s account without permission; or
(k) encourage, assist, or enable any other person to do any of the above.
2. We may investigate suspected violations and take any action We reasonably consider appropriate, including warning You, restricting features, removing Content, suspending access, terminating accounts, preserving records, contacting third parties, or reporting conduct to app stores, platforms, regulators, or law enforcement where permitted or required.
K. THIRD-PARTY SERVICES, LINKS AND SPONSORED CONTENT
1. BlyssFeed may include links, embeds, previews, buttons, APIs, SDKs, content, functionality, advertisements, or services from third parties, including YouTube, Google, Apple, Google Play, app stores, publishers, creators, analytics providers, hosting providers, payment providers, advertisers, and other service providers.
2. Third-party services and Third-Party Content are governed by their own terms, privacy policies, community guidelines, copyright policies, platform rules, payment rules, technical requirements, and business practices.
3. We are not responsible for Third-Party Content, third-party services, third-party websites, creator content, publisher content, YouTube content, app stores, external availability, external policies, external functionality, external security, or external privacy practices.
4. When You open Third-Party Content, use an embedded player, select “Open on YouTube”, visit a publisher website, interact with Sponsored Content, download the App through an app store, or interact with external services, You may be subject to that third party’s own terms, policies, and practices.
5. Your correspondence, business dealings, purchases, participation in promotions, or interactions with Sponsored Content providers, advertisers, creators, publishers, platforms, or other third parties found on or through BlyssFeed, including payment and delivery of related products or services and any associated terms, conditions, warranties, or representations, are solely between You and the relevant third party.
6. We are not responsible or liable for any loss, damage, dispute, claim, or issue arising from Your dealings with third parties, Sponsored Content, advertisers, creators, publishers, platforms, external websites, app stores, or third-party services.
L. PRIVACY, DATA AND SECURITY
1. Your use of BlyssFeed is also governed by Our Privacy Policy.
2. Our Privacy Policy explains how We collect, use, disclose, store, protect, retain, and delete personal information, and how Users may contact Us about privacy matters.
3. Our Privacy Policy also explains how BlyssFeed may use YouTube API Services and embedded YouTube players, including any required references or links to Google’s Privacy Policy and applicable YouTube or Google settings.
4. If You are in Australia, Your personal information may be protected by the Privacy Act 1988 (Cth) and the Australian Privacy Principles if those laws apply to Us.
5. If You are in another country or region, additional privacy rights, obligations, limitations, or remedies may apply.
6. We take reasonable steps designed to protect personal information and the Service. However, no app, website, network, database, transmission, device, platform, storage system, or security measure can be guaranteed to be completely secure.
M. PAID FEATURES, SUBSCRIPTIONS, ADVERTISING AND APP STORES
1. BlyssFeed may offer free features, paid features, subscriptions, advertising-supported features, Sponsored Content, affiliate content, or promotional content.
2. If paid features are offered, the applicable pricing, billing period, renewal terms, cancellation process, refund terms, and app-store rules will be shown before purchase or as required by the relevant app store.
3. Paid features do not give You ownership of Third-Party Content and do not grant rights to download, copy, rehost, edit, sell, license, or redistribute YouTube videos, publisher articles, creator content, platform content, or other Third-Party Content.
4. If BlyssFeed displays advertising or Sponsored Content, We may label it where required by law, platform rules, app store rules, or Our internal policies.
5. If You download BlyssFeed through the AppStore, Google Play, or another app marketplace, Your use may also be subject to that store’s terms, policies, payment rules, refund rules, privacy disclosures, device requirements, and review processes.
6. App store providers are not responsible for Third-Party Content displayed in BlyssFeed unless required by their own terms or applicable law.
N. AVAILABILITY, UPDATES AND CHANGES TO THE APP
1. BlyssFeed may change, update, test, remove, suspend, restrict, replace, or discontinue any feature, feed, content category, source, integration, design, recommendation method, or part of the App at any time.
2. We may release updates, bug fixes, patches, new features, or modified versions of the App from time to time.
3. Some features may not work properly unless You install the latest version of the App, use a compatible device, maintain an internet connection, or enable relevant permissions.
4. We do not guarantee that the App, any Content, any account, any third-party embed, any YouTube video, or any feature will always be available, uninterrupted, accurate, secure, error-free, or suitable for Your needs.
5. We may impose limits on use, access, storage, recommendations, saved items, notifications, API functionality, or other features where reasonably required for legal, security, technical, operational, product, or business reasons.
O. DISCLAIMER
1. To the maximum extent permitted by law, BlyssFeed, the App, the Service, and all Content are provided on an “as is” and “as available” basis.
2. The contents provided through the App may include technical inaccuracies, typographical errors, outdated information, incomplete information, classification errors, source errors, or other mistakes. We may make changes, corrections, removals, or improvements to the App at any time.
3. To the maximum extent permitted by law, We make no warranties, representations, guarantees, or commitments, whether express, implied, statutory, or otherwise, that:
(a) the App, Service, Content, recommendations, snippets, videos, articles, sources, or feeds will be accurate, complete, current, reliable, positive, uplifting, suitable, or available;
(b) the App or Service will meet Your expectations, needs, mood, health, wellbeing, emotional state, professional requirements, or personal preferences;
(c) recommendations will improve Your wellbeing, mood, mental health, productivity, beliefs, decisions, or outcomes;
(d) Third-Party Content will remain available, embeddable, accessible, lawful, accurate, safe, or suitable;
(e) embedded videos will always play correctly or remain visible in the App;
(f) the App or Service will be uninterrupted, timely, secure, virus-free, malware-free, or error-free;
(g) the security and privacy of Your data will be guaranteed in all circumstances;
(h) all bugs, defects, vulnerabilities, or errors in relation to the App will be corrected;
(i) the App will be compatible with all devices, operating systems, browsers, networks, app stores, or technical environments;
(j) the App is fit for a particular purpose or use; or
(k) the App and its contents are accessible in every location.
4. Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee, right, remedy, condition, warranty, or liability that cannot lawfully be excluded, restricted, or modified under applicable law, including the Australian Consumer Law where it applies.
5. To the extent any non-excludable guarantee or warranty applies, Our liability is limited to the maximum extent permitted by law.
6. YOU EXPRESSLY ACKNOWLEDGE THAT YOU SHOULD NOT USE THE APP IF YOU DO NOT UNDERSTAND, AGREE TO BECOME A PARTY TO, AND ABIDE BY THIS AGREEMENT. ANY VIOLATION OF THIS AGREEMENT MAY RESULT IN LEGAL LIABILITY UPON YOU. NOTHING IN THIS AGREEMENT SHOULD BE CONSTRUED TO CONFER ANY RIGHTS ON ANY THIRD PARTY OR ANY OTHER PERSON EXCEPT WHERE REQUIRED BY LAW.
P. LIMITATION OF LIABILITY
1. To the maximum extent permitted by law, Hypermint Digital Pty Ltd, BlyssFeed, and their officers, directors, employees, contractors, affiliates, agents, licensors, partners, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or aggravated damages, or for loss of profits, revenue, data, goodwill, opportunity, business, reputation, savings, or anticipated benefits, arising out of or relating to Your use of, inability to use, reliance on, or access to BlyssFeed.
2. To the maximum extent permitted by law, Hypermint Digital Pty Ltd, BlyssFeed, and their officers, directors, employees, contractors, affiliates, agents, licensors, partners, and service providers will not be liable for:
(a) acts or omissions of third parties;
(b) acts or omissions of You or other Users;
(c) Third-Party Content, including videos, articles, images, links, publisher content, creator content, YouTube content, app store content, Sponsored Content, or external websites;
(d) unauthorised interception, access, use, disclosure, alteration, or loss of data not caused by Our breach of a non-excludable legal duty;
(e) damages associated with equipment, networks, operating systems, facilities, platforms, APIs, app stores, content delivery systems, hosting providers, or services that We do not own, operate, or furnish;
(f) damages resulting from the operation of systems, equipment, facilities, content, or services provided by third parties that are interconnected with BlyssFeed;
(g) the removal, unavailability, restriction, or disablement of any YouTube video, publisher article, embedded player, external source, or Third-Party Content;
(h) Your reliance on snippets, summaries, recommendations, video categories, mood categories, or Third-Party Content;
(i) any misuse, scraping, downloading, copying, redistribution, or infringement by You or any other person; or
(j) any dispute between You and a creator, publisher, advertiser, platform, app store, payment provider, sponsor, or third-party service.
3. To the maximum extent permitted by law, Our total aggregate liability for all claims arising from or relating to the Service or this Agreement will be limited to the greater of:
(a) the amount You paid to Us for the Service in the three months before the claim arose; or
(b) AUD $50.
4. Some jurisdictions do not allow certain exclusions or limitations of liability. In those jurisdictions, Our liability will be limited to the maximum extent permitted by applicable law.
Q. INDEMNITY
1. To the maximum extent permitted by law, You agree to indemnify Hypermint Digital Pty Ltd, BlyssFeed, and their officers, directors, employees, contractors, affiliates, agents, licensors, partners, and service providers against any claims, losses, liabilities, damages, penalties, fines, costs, and expenses, including reasonable legal fees, arising from or relating to:
(a) Your breach of this Agreement;
(b) Your misuse of the Service;
(c) Your unlawful conduct;
(d) content, reports, information, or materials You submit, upload, transmit, or provide;
(e) Your infringement or alleged infringement of another person’s intellectual property, privacy, publicity, consumer, contractual, platform, or other rights;
(f) Your attempt to download, copy, scrape, rehost, modify, sell, license, obscure attribution for, or redistribute Third-Party Content through or outside BlyssFeed;
(g) Your interference with YouTube embedded players, YouTube branding, creator attribution, publisher attribution, app store functionality, or third-party platform features; or
(h) any dispute between You and any third party arising from Your use of BlyssFeed.
2. We reserve the right to control the defence of any matter subject to indemnification by You, and You agree to cooperate with Us in relation to that defence.
R. SUSPENSION AND TERMINATION
1. We may suspend, restrict, disable, or terminate Your access to BlyssFeed or any part of the Service if:
(a) You breach this Agreement;
(b) We reasonably believe Your use may harm Users, creators, publishers, YouTube, Google, app stores, partners, platforms, third parties, or BlyssFeed;
(c) We reasonably believe Your use creates legal, security, safety, privacy, intellectual property, reputational, technical, platform, or operational risk;
(d) We are required or requested to do so by law, platform rule, app store rule, court order, regulator, rights holder, partner, or third-party service provider; or
(e) We discontinue the Service or a relevant feature.
2. You may stop using BlyssFeed at any time.
3. If account deletion is available, You may request deletion through the App or by contacting Hello@BlyssFeed.com.
4. Termination or suspension does not affect any rights, obligations, limitations, disclaimers, indemnities, or liability limitations that by their nature should survive termination.
S. CHANGES TO THIS AGREEMENT
1. We may update this Agreement from time to time.
2. If changes are material, We will take reasonable steps to notify Users, such as by updating the effective date, showing an in-app notice, sending a notification, sending an email, or otherwise making the updated Agreement available.
3. Unless otherwise stated, updated Terms take effect when posted or made available.
4. Your continued use of BlyssFeed after updated Terms take effect means You accept the updated Terms.
5. If You do not agree to updated Terms, You must stop using BlyssFeed.
T. NOTICES
1. We may provide notices to You by posting notices in the App, posting notices on Our website or landing page, sending notices to Your registered email address, sending app notifications, or using any other contact method You provide.
2. You will be deemed to have received a notice within 3 days after We send, post, or make the notice available, unless applicable law requires a different notice period.
3. Your continued use of the App after notice has been provided or made available will constitute Your receipt and acceptance of the notice, unless applicable law requires otherwise.
4. Notices to Us should be sent to Hello@BlyssFeed.com, unless We provide another notice address for a specific purpose.
U. GOVERNING LAW AND DISPUTE RESOLUTION
1. The App may be accessible from Australia and other countries. If You access or use the App from outside Australia, You are responsible for compliance with any local laws applicable to You.
2. This Agreement is governed by and construed in accordance with the laws of New South Wales, Australia, except where mandatory local consumer laws require otherwise.
3. You and Hypermint Digital Pty Ltd submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia, except where applicable law gives You rights to bring claims elsewhere.
4. If any dispute or difference arises between You and Us in connection with this Agreement or Your use of BlyssFeed (“Dispute”), You and We agree to first attempt to resolve the Dispute amicably through good faith negotiations.
5. A party raising a Dispute should notify the other party in writing and provide reasonable details of the issue, requested outcome, and supporting information.
6. If the Dispute is not resolved within 30 days after written notice is provided, either party may commence proceedings in a court of competent jurisdiction, subject to any mandatory dispute resolution process required by applicable law.
7. Nothing in this Agreement prevents either You or Us from seeking urgent, interim, injunctive, equitable, or protective relief from a court of competent jurisdiction where necessary.
8. Any time limit for bringing a claim will be determined by applicable law. Nothing in this Agreement is intended to exclude, restrict, or modify any limitation period, consumer right, or remedy that cannot lawfully be excluded, restricted, or modified.
V. GENERAL TERMS
1. If any part of this Agreement is found to be invalid, unlawful, or unenforceable, that part will be interpreted, modified, or severed to the minimum extent necessary, and the remaining parts will continue in effect.
2. Our failure to enforce any part of this Agreement is not a waiver of Our right to enforce it later.
3. You may not assign or transfer Your rights or obligations under this Agreement without Our prior written consent. We may assign or transfer Our rights and obligations in connection with a merger, acquisition, restructure, sale of assets, change of control, or by operation of law.
4. This Agreement, together with any policies or additional terms referred to in it, forms the agreement between You and Us regarding Your use of BlyssFeed.
5. Headings are for convenience only and do not affect interpretation.
W. CONTACT DETAILS
1. For support: Hello@BlyssFeed.com
2. For privacy questions: Hello@BlyssFeed.com
3. For creator, publisher, copyright, intellectual property, or rights-holder removal requests: Hello@BlyssFeed.com
4. Legal entity: Hypermint Digital Pty Ltd
5. Entity type: Private Entity
6. ACN: 697383887