BAYO.social Terms of Service

Last Updated: July 28, 2025

These Terms of Service (hereinafter "ToS") constitute a legally binding contract between you (hereinafter the "User") and BAYO.social (hereinafter "BAYO.social" or the "Provider") governing your access to and use of the BAYO.social platform and services.

Article 1: Preamble and Definitions

The objective of BAYO.social is to provide a Cloud service that allows users to back up their data from centralized platforms to open and decentralized social networks, in order to give them back control and ownership of their information. This principle of digital sovereignty is at the heart of our mission. To ensure a clear and unambiguous understanding of these ToS, the following terms are defined as follows:

• Service: Refers to all software functionalities made available by BAYO.social via its Cloud platform, consisting mainly of the automated copying of the User's Data from a designated source to a Third-Party Destination.

• User: Any natural or legal person who has created an account and subscribed to the Service. The User is the exclusive owner of their Data and is considered the Data Controller.

• Data: All content, including but not limited to, posts, texts, images, videos, messages, contact lists, and associated metadata, that the User chooses to back up through the Service.

• Data Sovereignty: The fundamental principle that the User permanently retains ownership, control, and access rights over their Data. The Service is a tool designed to materialize this principle.

• Fediverse: A global, decentralized network of interconnected servers (Instances) that communicate via open protocols, primarily the ActivityPub protocol, allowing for interoperability between different social networking services.

• Third-Party Instance / Third-Party Destination: An independent server within the Fediverse, such as a Mastodon instance, chosen by the User as the destination for their Data backup. BAYO.social has no ownership, control, or operational responsibility over these Third-Party Instances.

• Data Controller: In accordance with the General Data Protection Regulation (GDPR), the User is the Data Controller, as they determine the purposes and means of the processing of their personal Data.

• Data Processor: In accordance with the GDPR, BAYO.social acts as a Data Processor, processing personal Data on behalf of and on the documented instruction of the User, for the sole purpose of providing the Service.

• Reversibility: The contractual and legal right for the User to retrieve all of their Data in a structured, commonly used, and machine-readable format, particularly at the end of the contractual relationship, in accordance with the right to data portability stipulated in Article 20 of the GDPR.

Article 2: Purpose and Acceptance of Terms

Purpose

The purpose of these ToS is to define the legal, technical, and financial conditions under which the User may access and use the Service provided by BAYO.social.

Acceptance

Access to and use of the Service are subject to the full and unreserved acceptance of these ToS. The User unequivocally expresses their consent by checking the box provided for this purpose during account creation (a "click-wrap" mechanism). This action constitutes an irrevocable acceptance and establishes a contract between the User and BAYO.social. No one may use the Service without having previously accepted these ToS.

Modification of ToS

BAYO.social reserves the right to modify these ToS at any time to adapt to legal, technical, or service offering evolutions. Any substantial modification will be notified to the User by email or via a notification on their account, with at least thirty (30) days' notice before it comes into effect. During this period, the User will have the option to terminate their contract without charge if they do not accept the new conditions. Continued use of the Service after the modifications come into effect constitutes acceptance of the new ToS.

Article 3: Description of the Service

How it Works

The Service is a Software-as-a-Service (SaaS) solution that acts as an automated technical conduit. Upon the User's instruction, the Service connects to the Application Programming Interfaces (APIs) of the source social platforms (e.g., Facebook, Instagram, etc.) to extract the Data designated by the User and transfer it to the Third-Party Instance they have selected on the Fediverse.

Nature as a Technical Intermediary

It is expressly agreed that BAYO.social acts solely as a technical intermediary. The Service is not a long-term hosting or storage solution for the User's Data. The selection, configuration, and verification of the reliability of the Third-Party Instance are the sole responsibility of the User. BAYO.social has no affiliation with, nor any control over, the operation, moderation policies, security, or sustainability of Third-Party Instances.

Technical Dependencies and Availability

The proper functioning of the Service depends on external factors beyond BAYO.social's control, including the availability and stability of the source platforms' APIs and the technical compliance of Third-Party Instances with the ActivityPub protocol. Consequently, BAYO.social cannot guarantee uninterrupted and error-free operation. Service interruptions due to failures of these third-party systems shall not engage the liability of BAYO.social.

Data Security and Integrity

BAYO.social is committed to implementing state-of-the-art security measures. All Data is encrypted in transit between the source platform, BAYO.social's temporary processing servers, and the destination Third-Party Instance, using robust encryption protocols (such as TLS 1.2 or higher). The security of Data once stored ("at rest") on the Third-Party Instance depends exclusively on the security measures implemented by the administrator of said instance.

To ensure Data integrity during transfer, BAYO.social implements, where technically possible, checksum verification mechanisms (such as CRC32C or SHA-256). These checks ensure that the files transferred to the Third-Party Destination are identical to the files extracted from the source. Transfer logs, including the results of these checks, are made available to the User via their management interface.

Article 4: Access to the Service and Account Management

Eligibility

Use of the Service is reserved for natural persons who are at least 16 years of age, or the age of legal majority in their jurisdiction of residence, and who have the legal capacity to enter into a contract.

Account Creation

To access the Service, the User must create an account by providing accurate, complete, and current information. The User agrees to keep this information up-to-date throughout the duration of the contract.

Security of Credentials

The User is solely and exclusively responsible for the confidentiality of their password and login credentials. They assume full responsibility for all actions performed from their account, whether by themselves or by a third party. In case of suspected unauthorized use of their account, the User must notify BAYO.social without delay.

Connection to Third-Party Services

The User is responsible for the secure authorization (via protocols like OAuth2 when available) of the Service's access to their accounts on the source platforms and the destination Third-Party Instance.

Article 5: Intellectual Property and User Content

User's Ownership of Data

The User declares and warrants that they are the legitimate owner of their Data or that they hold all necessary rights, licenses, and permissions to use and transfer it via the Service. The User retains full ownership and intellectual property rights over their Data. BAYO.social claims no ownership rights over the User's Data.

Limited License Granted to BAYO.social

To enable the provision of the Service, the User grants BAYO.social a non-exclusive, worldwide, revocable, and royalty-free license to use, reproduce, transmit, and temporarily store their Data. This license is strictly limited to the technical operations necessary to perform the backup Service as requested by the User (e.g., extracting the data, processing it for transfer, and sending it to the Third-Party Instance). This license terminates automatically and immediately upon the termination of the User's account or the deletion of the Data from BAYO.social's systems.

Content Responsibility

The User is entirely responsible for the nature and legality of their Data. They agree not to use the Service to back up or transfer illicit, infringing, defamatory, hateful, or rights-violating content. The User is also responsible for complying with the terms of use of the source platform and the destination Third-Party Instance.

BAYO.social's Ownership

The Service, the underlying software, texts, graphics, logos, and any other component of the BAYO.social platform are and shall remain the exclusive property of BAYO.social or its licensors. These ToS do not transfer any intellectual property rights to the User.

Article 6: Personal Data Protection (GDPR Compliance)

BAYO.social is committed to complying with the regulations in force applicable to the processing of personal data, and in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (GDPR).

Roles of the Parties

In the context of providing the Service, the parties agree that:

• The User acts as the Data Controller, as they determine the purposes (backing up their data) and means (choice of the Service and the Third-Party Instance) of processing their personal Data.

• BAYO.social acts as the Data Processor, as it processes personal Data on behalf of and on the sole documented instructions of the User.

Data Processing Agreement (DPA)

The relationship between the Data Controller and the Data Processor is governed by the Data Processing Agreement which appears in Appendix 1 of these ToS. This agreement is an integral part of the contract and details the obligations of each party in accordance with Article 28 of the GDPR.

Privacy Policy

For personal data collected directly by BAYO.social for its own purposes (customer account management, billing, etc.), BAYO.social acts as the Data Controller. The terms of this processing are described in our Privacy Policy, accessible on our website.

Article 7: Data Sovereignty and Reversibility

Principle of Sovereignty

In line with its mission, BAYO.social is committed to providing a Service that respects and promotes the User's digital sovereignty. The User must be able to control their digital identity and their data without being locked into a platform.

Right to Reversibility

The User has a right to the reversibility of their Data. At any time during their subscription, and for a period of thirty (30) calendar days following the effective termination date of their account, the User may request to export a complete copy of their backed-up Data. This feature constitutes a contractual implementation of the right to data portability provided for by Article 20 of the GDPR.

Modalities of Reversibility

The Data export will be provided in a structured, commonly used, and machine-readable format, such as the JSON ActivityStreams 2.0 format (used natively by Mastodon) or a compressed archive (.zip) containing the data in standard formats (CSV, JSON, original media files). The export procedure is initiated by the User directly from their dashboard. BAYO.social provides clear documentation to facilitate this operation.

Data Deletion

Upon expiration of the thirty (30) day reversibility period following termination, all of the User's Data still present on BAYO.social's temporary processing systems will be permanently and irreversibly deleted. A certificate of destruction may be provided upon the User's written request.

Article 8: Obligations and Prohibited Uses

The User agrees to use the Service fairly, in accordance with its purpose, and in compliance with applicable laws and regulations.

Compliance with the Law

The User is prohibited from using the Service to back up, store, or transmit Data with illegal content, including but not limited to, content that glorifies crimes against humanity, incites racial hatred or violence, is of a child pornographic nature, or infringes upon human dignity.

Acceptable Use Policy (AUP)

The use of the Service is subject to the Acceptable Use Policy (AUP) detailed in Appendix 2. Failure to comply with this policy may result in the immediate suspension or termination of the User's account.

Abuse Reporting

BAYO.social implements a "notice and takedown" procedure to allow third parties to report any allegedly illicit or infringing content transiting through the Service. In accordance with its obligations as a technical intermediary and in compliance with legislation (including the EU Copyright Directive and the US DMCA), BAYO.social will forward valid notifications to the concerned User and take appropriate measures, which may include suspending the transfer of the disputed content.

Article 9: Financial Conditions

Pricing and Subscriptions

The Service is provided on a paid subscription basis. The applicable rates are those displayed on the BAYO.social website at the time of subscription.

Billing and Payment

Billing is done on a recurring basis (monthly or annually) and in advance for the upcoming period. Payments are made via the accepted payment methods listed on the site (e.g., credit card, PayPal).

Late Payments

In the event of non-payment, and after a formal notice has remained without effect for a period of seven (7) days, BAYO.social reserves the right to suspend access to the Service until the situation is fully regularized. Late payment penalties may be applied in accordance with applicable law.

Refund Policy

For new Users, a thirty (30) day "satisfaction or your money back" guarantee is offered from the date of the first subscription. Beyond this period, and for renewals, no pro-rata refund will be made in the event of early termination by the User during a billing period that has already begun.

Article 10: Warranties and Limitation of Liability

No Warranty

The Service is provided "as is" and "as available." BAYO.social provides no warranty, express or implied, including warranties of merchantability or fitness for a particular purpose. BAYO.social does not warrant that the Service will be free of errors, bugs, or interruptions.

Exclusion of Liability for Third-Party Services

The User acknowledges and agrees that the Fediverse is a decentralized network over which BAYO.social has no control. Consequently, BAYO.social expressly disclaims all liability concerning:

• The availability, performance, security, or moderation policy of Third-Party Instances.

• The loss of Data, corruption of files, or unavailability of access to Data on a Third-Party Instance.

• The consequences of a Third-Party Instance shutting down, a "defederation" decision between instances, or any other event specific to the functioning of the Fediverse.

Limitation of Indirect Damages

To the extent permitted by law, BAYO.social shall in no event be liable for indirect, consequential, special, incidental, or punitive damages, nor for any loss of profits, revenue, data, or goodwill, resulting from the use or inability to use the Service.

Liability Cap

In any event, the total and cumulative liability of BAYO.social, for any cause whatsoever and regardless of the legal basis invoked, is limited to the total amount, excluding taxes, paid by the User to BAYO.social for the Service during the twelve (12) months preceding the event giving rise to the damage.

Exceptions

The limitations of liability set forth above do not apply in cases of gross negligence or willful misconduct, or in cases of bodily injury, where prohibited by applicable law.

Article 11: Suspension and Termination

Term

This contract is concluded for an indefinite period, with a minimum commitment period corresponding to the billing period chosen by the User (e.g., one month for a monthly subscription).

Termination by the User

The User may terminate their subscription at any time, without cause and without charge, from their dashboard. The termination will take effect at the end of the current billing period. The User will continue to have access to the Service until that date.

Suspension and Termination by BAYO.social

BAYO.social reserves the right to suspend access to the Service or to terminate the contract by right, after notifying the User, in the event of a serious breach by the User of their obligations, particularly in the case of non-payment or violation of the Acceptable Use Policy.

In the event that BAYO.social decides to cease providing the Service, it undertakes to inform Users with a minimum of three (3) months' notice, to allow them to take all necessary measures, including exercising their right to reversibility.

Effects of Termination

On the effective date of termination, the User's access to the Service is cut off. The User has the thirty (30) day reversibility period mentioned in Article 7 to export their Data. After this period, their Data will be deleted from BAYO.social's systems.

Article 12: Procedure for Government Requests

Principles

BAYO.social is committed to protecting its Users' privacy. No Data will be disclosed to any governmental, administrative, or judicial authority, except in response to a valid, binding legal request from a competent authority under Quebec or Canadian law.

Review of Requests

Each request will be carefully examined to verify its legal validity and scope. BAYO.social will oppose any request deemed excessive, imprecise, or not legally founded. A clear distinction will be made between requests for non-content information (subscriber data) and requests for content, the latter requiring a proper judicial warrant.

User Notification

Unless expressly prohibited by law (e.g., under a non-disclosure order), BAYO.social undertakes to notify the User of any request for access to their Data before disclosing it. This notification is intended to allow the User, if they wish, to exercise the legal remedies available to them.

Transparency Report

In the interest of transparency, BAYO.social will publish an annual Transparency Report accounting, within the limits permitted by law, for the number and type of requests from authorities that it has received and processed.

Article 13: Governing Law and Dispute Resolution

Governing Law

These ToS and the contractual relationship between BAYO.social and the User are governed by and construed in accordance with the laws of the province of Quebec and the federal laws of Canada applicable therein. For any User acting as a consumer within the meaning of the Quebec Consumer Protection Act, the mandatory provisions of said Act shall apply.

Dispute Resolution

In the event of a dispute, the parties will endeavor to find an amicable solution. Failing an amicable agreement within thirty (30) days, any dispute relating to the validity, interpretation, execution, or termination of this contract shall be subject to the exclusive jurisdiction of the courts of the judicial district of Montreal, province of Quebec.

Appendix 1: Data Processing Agreement (DPA)

In accordance with Article 28 of the GDPR, this agreement details the conditions under which BAYO.social, as a Data Processor, processes personal data on behalf of the User, the Data Controller.

1. Obligations of the Data Processor (BAYO.social)

BAYO.social undertakes to:

a. Process personal data only on documented instructions from the User.

b. Ensure the confidentiality of the processed data, in particular by subjecting its personnel to a confidentiality obligation.

c. Implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk (encryption, access controls, etc.).

d. Not engage another processor ("sub-processor") without the prior specific or general written authorization of the User. In the case of general authorization, the User will be informed of any changes and will have the right to object. The list of sub-processors (hosting provider, payment processor) is available upon request.

e. Assist the User, as far as possible, in fulfilling their obligation to respond to requests for exercising the data subject's rights.

f. Notify the User of any personal data breach without undue delay after becoming aware of it.

g. At the choice of the User, delete or return all personal data to the User after the end of the provision of services, and delete existing copies.

h. Make available to the User all information necessary to demonstrate compliance with its obligations and allow for and contribute to audits.

2. Details of the Personal Data Processing

The following table, required by Article 30(2) of the GDPR, specifies the scope of the processing carried out by BAYO.social on behalf of the User.

Appendix 2: Acceptable Use Policy (AUP)

The User is prohibited from using the Service to conduct or facilitate the following activities:

1. Illegal Content: Transferring, storing, or disseminating any content that violates Quebec or Canadian laws, including but not limited to, content of a terrorist nature, child pornography, or constituting incitement to hatred, violence, or discrimination.

2. Violation of Intellectual Property Rights: Backing up or distributing content that infringes on the copyrights, trademarks, patents, or any other intellectual property rights of a third party.

3. Harassment and Abuse: Using the Service to harass, threaten, intimidate, or abuse other people.

4. Spam and Phishing: Sending unsolicited commercial communications or conducting phishing activities.

5. System Security Breaches: Attempting to probe, scan, or test the vulnerability of the Service or any associated system or network, or to breach security or authentication measures.

6. Distribution of Malicious Software: Using the Service to distribute viruses, worms, Trojan horses, or any other malicious code.