Terms & Conditions

Last Updated: [18/03/2025]

Welcome to Bi-The-Way, a bisexual-centered dating and community app! By accessing or using the Bi-The-Way app (the "App") or services provided by Bi-The-Way ("we," "us," or "our"), you agree to comply with and be bound by these Terms and Conditions (the "Terms"). If you do not agree with any part of these Terms, please do not use the App.

1. Definitions

"App" refers to the Bi-The-Way mobile application and all associated features, services, and content provided therein.

"User," "You," or "Your" refers to any person who accesses or uses the App, including those who register for an account or engage with the services.

"Content" refers to all materials, including but not limited to text, images, videos, and posts, that users upload or share through the App.

"Services" refers to the functionality provided by Bi-The-Way, including the dating portal, community forum, and other features related to the platform.

2. Eligibility

You must be at least 18 years old to use the App. By using the App, you confirm that you meet the eligibility criteria.

You agree not to access or use the App if prohibited by local laws or regulations.

3. Account Registration and Responsibilities

To access certain features of the App, you must create an account by providing accurate and up-to-date information, including your name, email, and date of birth.

You are responsible formaintaining the confidentiality of your login credentials and are fully responsible for all activities that occur under your account.

You agree to immediatelynotify us of any unauthorized access to your account.

4. User Content and Conduct

You may post, share, and interact with Content on the App. By doing so, you grant Bi-The-Way a non-exclusive, royalty-free license to use, display, and distribute such content within the App.

You agree not to engage in any of the following activities:

Posting content that is offensive, discriminatory, harassing, or harmful to others.

Engaging in spam, fraudulent, or misleading activities.

Using the App to engage in illegal activities or violating the rights of others.

We reserve the right to remove any content that violates these Terms and suspend or terminate user accounts for violations.

5. Subscription and Payments

Bi-The-Way offers both free and premium subscription options. The premium subscription costs $7.99USD per month (subject to change).

Payment for the premium subscription is processed through the Apple App Store and Google Play Store, and you agree to the payment terms provided by them.

Auto-renewing Subscriptions

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

Subscription Plans & Billing: BI-THE-WAY offers the following subscription plans:
Monthly Plan: $9.99 USD per month (auto-renews unless cancelled 24 hours before renewal).

Yearly Plan: $99.99 USD per year (auto-renews unless cancelled 24 hours before renewal).

● BI-THE-WAY offers a 2-month free trial for new users who subscribe to our premium services. The trial period starts on the day of subscription. After the trial ends, your subscription may automatically renew as a paid plan unless canceled at least 24 hours before the trial expires. You can cancel your subscription at any time through your Google Play Store or Apple ID settings before the trial ends to avoid charges.If you do not cancel before the trial expires, you will be charged the applicable subscription fee based on your selected plan.No refunds are provided for unused portions of the free trial.Users will be notified before the trial period ends and before any charges are made.

● Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

● Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

● Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

●NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

●Limitation of Liability: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

●Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

6. Privacy and Data Collection

By using the App, you consent to our Privacy Policyhttps://www.bithewaydating.com/general-5 and the collection, use, and storage of your data as described therein.

We may collect information such as your name, email, location, and usage data to improve the App and provide personalized experiences.

We may also share certain data with third-party service providers, but we ensure that your personal information is protected in accordance with our Privacy Policy.

7. Intellectual Property

All logos, trademarks, and other intellectual property associated with the App are owned by or licensed to Bi-The-Way.

You are granted a limited, non-exclusive, non-transferable license to access and use the App for personal, non-commercial purposes, provided you comply with these Terms.

You agree not to copy, modify, distribute, or create derivative works from the content of the App without our prior written consent.

8. Limitation of Liability

Bi-The-Way is not liable for any direct, indirect, incidental, or consequential damages arising out of your use of the App, including but not limited to data loss, service interruptions, or damages to your device.

We do not guarantee the accuracy or completeness of any content on the App, and you use the App at your own risk.

9. Dispute Resolution

Any disputes arising out of or related to these Terms shall be resolved through binding arbitration, conducted in NSW, Australia.

These Terms will be governed by and construed in accordance with the laws of NSW, Australia.

10. Modifications to the Terms

We reserve the right to update or modify these Terms at any time. Any changes will be posted on this page, and the "Last Updated" date will be revised accordingly.

Your continued use of the App after any changes to the Terms signifies your acceptance of those changes.

11. Termination

We may suspend or terminate your account if you violate any of these Terms or engage in activities harmful to the App or its users.

Upon termination, your right to use the App will immediately cease, but certain provisions of these Terms, such as indemnification and limitation of liability, will survive.

12. Force Majeure

Bi-The-Way shall not be held liable for any delay or failure to perform due to causes beyond its reasonable control, including but not limited to acts of nature, power outages, or legal restrictions.

13. Miscellaneous Provisions

These Terms represent the entire agreement between you and Bi-The-Way regarding the use of the App.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full effect.

If you have any questions or concerns regarding these Terms, please contact us at: Email:Support@bithewaydating.com