ByWay Terms and Conditions

1. Acceptance of Terms

By accessing and using the ByWay platform (the “Service”), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, you may not use the Service. ByWay reserves the right to modify these terms at any time. Your continued use of the Service constitutes acceptance of any changes.

2. Description of Service

ByWay is a marketplace platform that connects spiritual seekers with vetted spiritual directors. The Service provides matching algorithms, virtual session facilitation via video conferencing, payment processing, and related tools to facilitate spiritual direction relationships. ByWay does not provide direct spiritual guidance or counseling; rather, it facilitates connections between independent spiritual directors and seekers.

3. Eligibility and Account Registration

To use the Service, you must be at least 18 years old and capable of entering into a binding contract. Spiritual Directors must pass background verification and meet ByWay’s vetting standards. By creating an account, you represent and warrant that all information you provide is accurate and current. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree not to share your login credentials with anyone else.

4. User Conduct and Responsibilities

You agree not to:

• Provide false, inaccurate, or misleading information
• Use the Service for illegal or harmful purposes
• Harass, threaten, or abuse other users
• Attempt to gain unauthorized access to the Service
• Engage in discrimination based on protected characteristics
• Violate the intellectual property rights of others
• Attempt to circumvent security measures or bypass payment systems
• Share another user's account credentials or personal information without consent
• Initiate a chargeback or payment dispute without first contacting ByWay Support within 14 days of the charge
• Conduct spiritual direction sessions or engage with spiritual directors outside the ByWay platform to avoid fees or circumvent this agreement

5. Independent Contractor Status of Spiritual Directors

All spiritual directors using the ByWay platform are independent contractors, not employees or agents of ByWay. ByWay does not supervise, control, or direct the delivery of spiritual direction services. Each spiritual director is solely responsible for the quality, appropriateness, and legality of the spiritual direction they provide. ByWay is not liable for any actions, omissions, statements, or conduct of any spiritual director. You acknowledge that ByWay does not endorse or guarantee the performance, advice, or guidance of any spiritual director.

6. Session Evidence and Proof of Attendance

ByWay maintains a complete record of all sessions, including but not limited to:

• Session start and end timestamps
• Session duration
• Confirmation that both seeker and director logged into the platform and remained connected for the duration
• Device and IP information for both participants
• Director confirmation of session attendance (sent via email after each session)

Binding nature of session records: If ByWay’s platform records indicate that both the seeker and the spiritual director successfully logged into a scheduled session, remained connected for the entire session duration, and the spiritual director confirmed attendance via email, this constitutes binding proof that the session occurred. The burden of proof then shifts to the seeker to provide clear, documented evidence that contradicts these records if they wish to dispute the charge. For purposes of chargeback disputes and refund requests, these platform records and director confirmation are conclusive evidence of session occurrence unless the seeker can provide independent, verifiable evidence (such as technical logs or communication records) proving the session did not take place as recorded.

Frivolous disputes: If a seeker disputes a session charge or initiates a chargeback with their payment processor while ByWay’s records clearly show the session occurred and the director confirmed attendance, this constitutes a frivolous dispute. Multiple frivolous disputes will result in account suspension or termination, at ByWay’s sole discretion.

7. Payments and Billing

Payment for spiritual direction sessions is processed through our payment partners (Stripe, Apple Pay, Google Pay). You authorize ByWay to charge the payment method on file according to the rate agreed upon with your matched spiritual director. Each spiritual director sets their own pricing, and the rate will be clearly displayed before you confirm a booking. By confirming payment, you are authorizing the charge and acknowledging that you will not dispute the charge with your payment processor unless you first contact ByWay Support within 14 days of the transaction. You further acknowledge that any dispute initiated contrary to this agreement will be defended using ByWay’s platform records and director confirmation of attendance.

7.1 Payment Processing for Spiritual Directors

Payment processing services for spiritual directors on ByWay are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms and Conditions or continuing to operate as a spiritual director on ByWay, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of ByWay enabling payment processing services through Stripe, you agree to provide ByWay accurate and complete information about you and your business, and you authorize ByWay to share it and transaction information related to your use of the payment processing services provided by Stripe.

Stripe’s acquirers and their contact information are set out in the Stripe Acquirer Disclosure.

8. Refunds and Cancellations

Refund policies are set independently by each spiritual director and will be clearly disclosed to you prior to booking. Possible refund policies may include:

• Full refund if cancelled at least 24 hours before the scheduled session
• Partial refund if cancelled within 24 hours of the session
• No refund if cancelled less than 4 hours before the session
• Non-refundable sessions if marked as such at the time of booking

You are responsible for reviewing the spiritual director’s refund policy before confirming payment. All refund policies are binding once you have accepted them during the booking process.

ByWay service fees: ByWay charges a non-refundable service fee for facilitating the connection and providing platform access. This service fee is separate from the spiritual director’s session fee. The service fee covers platform operation, payment processing, user support, director vetting, and infrastructure. Even if a full refund of the session fee is issued, the ByWay service fee will not be refunded.

Director-cancelled sessions: If a spiritual director cancels a session, ByWay will facilitate a refund of the session fee to your original payment method within 5 to 7 business days. The ByWay service fee is still non-refundable.

Dispute resolution for refunds: If you believe a refund has been incorrectly denied, or if there is a dispute regarding cancellation timing or session non-occurrence, you must submit a refund dispute to ByWay Support within 14 days of the charge. You must provide clear documentation or explanation of why you believe a refund is warranted. ByWay will review the dispute, including platform session records and director confirmation when applicable. ByWay makes the sole and final determination on all refund disputes. Decisions may not be appealed. Initiating a chargeback or payment dispute with your payment processor while a refund request is pending, or without first contacting ByWay Support, is a violation of these Terms and will result in account suspension or termination.

No refund for changed mind: Refunds are only available in accordance with the specific refund policy of your matched spiritual director. If you change your mind about the session, decide it is not what you expected, or prefer a different director, this does not entitle you to a refund. Refunds are only issued for cancellation (before the session occurs), director cancellation, or clear technical failure on ByWay’s part.

9. Spiritual Direction Services

Spiritual direction is provided by independent spiritual directors, not by ByWay. ByWay does not supervise, validate, or endorse the content or outcomes of spiritual direction relationships. Spiritual directors are responsible for their own professional conduct, licensure, certifications, and the quality of their services. ByWay’s vetting process includes background checks and credential review, but ByWay does not warrant that spiritual directors are qualified, competent, or appropriate for your specific needs. Users understand that spiritual direction is not a substitute for medical care, mental health treatment, legal advice, or emergency services. You rely on spiritual direction at your own risk.

10. Intellectual Property

All content, features, and functionality of the Service are owned by ByWay or its content providers and are protected by international copyright and intellectual property laws. You may use the Service only for personal, non-commercial purposes. You may not reproduce, distribute, modify, or create derivative works of any Service materials without ByWay’s prior written permission.

11. Privacy and Data Protection

Your use of the Service is governed by our Privacy Policy, which is incorporated by reference into these Terms. ByWay takes the confidentiality of spiritual and personal information seriously. Session metadata, director confirmations, and other session records are retained to facilitate dispute resolution and maintain transaction records for at least 1 year. You consent to ByWay collecting, storing, and processing personal data as described in our Privacy Policy.

Payment and payout data is processed by Stripe. When you provide personal data in connection with ByWay, Stripe receives that personal data and processes it in accordance with Stripe’s Privacy Policy.

12. Disclaimers and Limitation of Liability

The Service is provided “as is” without warranties of any kind, express or implied. ByWay does not warrant that the Service will be uninterrupted, error-free, or free from viruses or harmful components. ByWay does not warrant the quality, appropriateness, legality, or effectiveness of any spiritual direction provided through the Service. To the fullest extent permitted by law, ByWay will not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Service, even if advised of the possibility of such damages.

ByWay’s total liability for any claim arising from or relating to the Service shall not exceed the fees paid by you in the 12 months preceding the claim. This liability cap applies to all claims, including those arising from breach of contract, negligence, or any other legal theory.

13. Emergency Services

Spiritual direction through ByWay is not an emergency service. If you are experiencing a mental health crisis, suicidal ideation, substance abuse issues, or any emergency, please contact local emergency services, the National Suicide Prevention Lifeline (988), a mental health crisis line, or seek immediate in-person professional help. Do not rely on ByWay or spiritual direction in lieu of emergency medical or mental health services.

14. Binding Arbitration and Dispute Resolution

Any dispute, claim, or controversy arising from or relating to this Agreement or your use of the Service will be resolved by binding arbitration, not by court litigation. By accepting these Terms, you waive your right to a jury trial and your right to sue ByWay in court. Arbitration is a faster, more efficient alternative to court proceedings. Any arbitration will be conducted in Arlington, Virginia, under the rules of JAMS (Judicial Arbitration and Mediation Services). Each party will bear its own attorney’s fees and costs, except that ByWay will pay arbitrator fees and administrative costs. Claims must be brought in your individual capacity and not as part of a class action.

Waiver of class action: You waive your right to participate in any class action, class arbitration, or representative action against ByWay. All arbitrations must be brought on an individual basis only.

15. Termination

ByWay reserves the right to suspend or terminate your account and access to the Service at any time, for any reason, with or without notice, including but not limited to:

• Violation of these Terms and Conditions
• Initiating a chargeback or payment dispute without first contacting ByWay Support
• Conducting sessions or engaging with spiritual directors outside the platform
• Providing false information, abusive behavior, or threats
• Multiple chargeback or frivolous payment disputes

Upon termination, your right to use the Service immediately ceases. Any refunds due will be processed in accordance with the refund policy.

16. Modifications to Service

ByWay reserves the right to modify, suspend, or discontinue the Service or any feature thereof at any time without notice. ByWay shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

17. Third-Party Links and Content

The Service may contain links to third-party websites and services. ByWay is not responsible for the content, accuracy, or practices of any third-party sites. Your use of third-party services is governed by their own terms and policies.

18. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, severed, and the remaining provisions shall remain in full force and effect.

19. Contact Information

For questions about these Terms and Conditions or to submit a dispute, please contact ByWay at tom@bywayapp.co or visit bywayapp.co.