ByteCompute Terms of Service

Introduction

These Terms of Service ("Terms") establish the terms governing your access to and use of the website https://bytecompute.ai/ ("Website"), our APIs, AI infrastructure, communications functionality, and additional offerings (collectively, the "Services") provided by BYTECOMPUTE, INC., a Delaware corporation ("ByteCompute," "Company," "we," "our," or "us"). Violation of these Terms may result in suspension or termination of your access to the Services.

By accessing or using the Services, you represent that you are at least 18 years old, have read and understood these Terms, and agree to be bound by them. If you access or use the Services on behalf of an entity, you represent that you have authority to bind that entity to these Terms. If you do not agree to these Terms, do not access or use the Services.

We may update these Terms from time to time. Changes will be posted on this page and may also be communicated through your account or by email. The "Last modified" date above indicates the most recent revision. Your continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms.

You and ByteCompute agree that disputes will be resolved as described in the "Legal Disputes and Arbitration Agreement" section below, including binding individual arbitration and a waiver of jury trial and class or representative proceedings, except as expressly stated otherwise.

Services

Use of some Services requires creation of an account. Pricing and billing may vary by service, model, plan, usage, or other applicable pricing terms. You agree to pay all fees incurred through your account. Where you provide a payment method, you authorize us or our payment provider to charge amounts due in accordance with the applicable billing terms.

We may add, modify, suspend, or discontinue Services or features from time to time. When commercially reasonable, we will provide advance notice before discontinuing or materially altering functionality that is broadly available and actively used by customers. Advance notice may not be possible where action is required to address an emergency, security or abuse risk, third-party rights issue, legal or regulatory obligation, provider requirement, or other circumstance outside our reasonable control.

You are responsible for maintaining the confidentiality of your account, password, API keys, and other authentication credentials, and for activity occurring under your account. You must promptly notify us if you suspect unauthorized access or any other security breach.

You may not use another person's or entity's account or credentials without authorization. We are not responsible for losses arising from your failure to protect account credentials to the extent permitted by law.

Please review our Privacy Policy, which describes how we process personal information in connection with the Services.

Required Conduct

Your use of the Services must comply with these Terms and all applicable laws, rules, regulations, licenses, registrations, telecommunications requirements, and third-party provider requirements applicable to your use case.

Prohibited Conduct

While using the Services, you must not, and must not permit others to:

• seek an unfair competitive advantage through unauthorized use of the Services to develop directly competing services;
• decompile, disassemble, reverse engineer, or attempt to derive source code, object code, underlying structure, ideas, or algorithms of proprietary portions of the Services, except where applicable law expressly permits otherwise;
• remove copyright, trademark, or other proprietary notices;
• breach, disable, interfere with, circumvent, or attempt to circumvent security or authentication measures;
• overload, flood, spam, disrupt, probe, scan, monitor, or test the vulnerability of the Services or connected networks without authorization;
• store, transmit, or distribute malware, backdoors, viruses, or other harmful code;
• attempt to defraud us or any other person;
• use or attempt to use an account without authorization;
• engage in unlawful activity;
• impersonate another person or entity, misrepresent an affiliation, or falsely imply endorsement;
• use the Services in a fraudulent, deceptive, abusive, harmful, or unauthorized manner;
• infringe intellectual property, privacy, publicity, contractual, or other rights;
• use the Services in a manner that could damage, disable, overburden, or impair the Services or connected systems; or
• use the Services in violation of applicable third-party, carrier, network, communications-provider, or infrastructure-provider requirements.

Communications Services

We may offer SMS, MMS, voice calling, telephone numbers, call recording, transcription, and related communications functionality as part of the Services (collectively, "Communications Services"). Communications Services may be provided using third-party providers, including Twilio Inc. and its affiliates ("Twilio"), telecommunications carriers, network operators, messaging aggregators, registration entities, and infrastructure providers.

Communications Services are optional unless otherwise stated for a particular Service. Your use of Communications Services is subject to these Terms, our Privacy Policy, applicable provider and carrier requirements, and applicable U.S. federal and state laws and regulations.

SMS Program Terms — Messages From Us

If you affirmatively opt in to an SMS program offered by us, you authorize us to send SMS messages to the mobile telephone number you provide for the purposes disclosed when you provide consent. Messages may include account, transaction, security, billing, customer support, service activity, service notification, or other communications associated with the program to which you opted in.

Our messaging program operates under the program name ByteCompute Account Alerts. Message types may include one-time passcodes and login verification, account and security notifications, usage and quota alerts, billing and invoice notifications, service and incident notifications, and responses to support requests you initiate. Example messages include: "ByteCompute: your verification code is 481920. Reply HELP for help, STOP to cancel."; "ByteCompute: your API usage has reached 80% of your monthly quota. Reply HELP for help, STOP to cancel."

Consent to receive SMS messages from us is collected separately, at the point of opt-in, and is not given by accepting these Terms. These Terms describe our messaging program; they are not an opt-in mechanism. We do not use pre-checked boxes to obtain messaging consent, and consent obtained for one messaging use case is not applied to a different use case.

Message frequency may vary depending on the applicable service and your activity. Message and data rates may apply.

Consent to receive optional SMS messages is not a condition of purchasing or using Services that do not require SMS communications. You may opt out at any time by replying STOP or by using another opt-out method we make available. After opting out, you may receive one final confirmation message.

For help, reply HELP to any message from ByteCompute, or contact us at [email protected]. Our HELP response identifies ByteCompute as the sender and provides this support address.

Carriers are not liable for delayed or undelivered messages.

You are responsible for ensuring that the mobile telephone number you provide is accurate and that you are authorized to receive communications at that number.

Information collected in connection with our SMS program is handled as described in our Privacy Policy. We do not sell or rent mobile telephone numbers, and mobile information, including SMS opt-in and consent information, is not shared with third parties or affiliates for their own marketing or promotional purposes.

Customer Use of Messaging Services

If you use the Communications Services to send messages to your customers, users, or other recipients ("Recipients"), you are responsible for your messaging activities and messages sent through your account.

You must obtain all legally required consent or authorization before sending messages and must maintain sufficient records demonstrating such consent, including, where applicable, when and how consent was obtained, the consent language presented, the applicable messaging program or use case, and any subsequent withdrawal of consent.

You may send messages only within the scope of the applicable consent or lawful authorization. You must promptly honor opt-out, unsubscribe, revocation, STOP, or similar requests and must not continue sending messages covered by withdrawn consent unless the Recipient subsequently provides valid consent again.

Upon our reasonable request, you must provide evidence demonstrating that appropriate consent or authorization was obtained.

Customer Opt-In Processes

You are responsible for establishing and maintaining compliant methods through which Recipients opt in to receive messages. Depending on the messaging program, permitted methods may include web forms, text-message keywords, QR codes, paper forms, verbal consent, or other lawful mechanisms.

Your opt-in process must accurately describe the messaging program and provide disclosures required by applicable law, carrier rules, registration requirements, or communications-provider policies. Where required, these disclosures must address message frequency, possible message and data rates, opt-out methods, and access to applicable privacy and terms information.

Your opt-in must be a separate, affirmative action that clearly asks the Recipient to agree to receive SMS or text messages. Messaging consent must not be bundled with, or inferred from, acceptance of your terms of service, privacy policy, or any other agreement, and must not be obtained through pre-checked or pre-selected options. A single consent may not be used across unrelated messaging use cases; for example, consent to receive transactional notifications does not authorize marketing messages.

Because we operate as a software provider on your behalf, your opt-in materials must identify your business as the sender and must not present ByteCompute branding in place of your own. The Recipient must be able to tell from the opt-in which business they are agreeing to receive messages from.

You may not require a Recipient to receive text messages as a condition of signing up for or using your own products or services, except where messaging is inherent to the service requested.

You may not represent that a Recipient has consented where valid consent has not actually been obtained.

Prohibited Messaging Practices

You may not use Communications Services to send unsolicited or unauthorized messages or spam; message individuals without required consent; use purchased, rented, scraped, harvested, or improperly obtained lists without appropriate consent; continue messaging after opt-out; use deceptive consent mechanisms; conceal or misrepresent sender identity; circumvent carrier filtering, registration, throughput, opt-out, fraud, or compliance controls; or use messaging resources inconsistently with an approved or registered use case.

Restricted and Prohibited Content and Use Cases

Telecommunications carriers, messaging aggregators, and registration entities prohibit or restrict certain categories of content regardless of whether a Recipient has consented. You may not use Communications Services to send messages or place calls relating to, promoting, or facilitating:

• sexually explicit or adult content;
• hate speech, harassment, violence, or content that is discriminatory, profane, or intended to intimidate;
• alcohol, tobacco, nicotine, vaping, or e-cigarette products, except where age-gating and other requirements permitted by applicable carrier policy are satisfied;
• firearms, ammunition, weapons, explosives, or related components or accessories;
• cannabis, CBD, kratom, psychoactive substances, controlled substances, or illegal drugs, whether or not lawful in a particular jurisdiction;
• prescription medication offered without a valid prescription, or unlawful pharmaceutical sales;
• high-risk financial services, including payday loans, short-term high-interest loans, auto title loans, student-loan consolidation or forgiveness, credit repair, debt collection, debt consolidation, debt relief or forgiveness, and third-party lead generation or lead sharing for any of these;
• gambling, sports betting, lotteries, sweepstakes, or contests, except where expressly permitted by applicable law and carrier policy;
• multi-level marketing, pyramid schemes, work-from-home offers, "get rich quick" schemes, risk-investment or guaranteed-return offers, or cryptocurrency investment solicitations;
• phishing, smishing, deceptive links, URL shorteners of the shared or public variety, malware distribution, or any attempt to obtain credentials or payment information deceptively; or
• any other category prohibited or restricted by applicable law, carrier policy, registration-entity policy, or the requirements of our communications providers.

We may reject, filter, suspend, or terminate Communications Services used for any of the above categories, and registration or verification requests for these categories may be rejected by carriers or registration entities without recourse.

Restricted data. Unless we have expressly agreed otherwise in writing, you must not submit or process through the Communications Services any protected health information subject to the Health Insurance Portability and Accountability Act ("HIPAA"), and we do not act as a business associate absent a separately executed business associate agreement. You must also not transmit payment-card data subject to PCI DSS, Social Security or other government identification numbers, financial account credentials, biometric identifiers, or information concerning individuals under 18, except where expressly supported by the applicable Service and permitted under a separate written agreement.

Messaging Registration and Verification

Certain messaging functionality may require business identity verification, customer profile verification, brand registration, messaging campaign registration, sender verification, telephone-number registration, or other approval before messaging is activated or maintained. Application-to-person messaging using certain U.S. 10-digit local telephone numbers may require A2P 10DLC registration.

You agree to provide accurate, current, complete, and non-misleading information required for these processes, which may include legal business information, contact information, messaging use cases, sample messages, estimated volumes, descriptions of opt-in methods, opt-in URLs or screenshots, privacy policy and terms URLs, telephone-number information, and other compliance-related information.

Messaging over toll-free telephone numbers is separately subject to toll-free verification. Verification review considers your business, your messaging use case, sample message content, your public web presence, your opt-in or consent flow, and your published terms and privacy policy. You must maintain a functional, publicly accessible business website that corresponds to the business name submitted and that does not require a login to view.

Unless we agree otherwise, we submit brand and campaign registrations on your behalf as a software provider, and you remain the business responsible for the accuracy of the registered information and for the messaging conducted under it. Fees charged by registration entities, carriers, and our communications providers in connection with brand registration, brand vetting, campaign registration, campaign maintenance, and number verification are passed through to you unless expressly stated otherwise in your applicable pricing or order terms.

You authorize us to submit or make such information available to Twilio, telecommunications carriers, registration entities, or other relevant parties as reasonably necessary to register, verify, provision, operate, or maintain Communications Services on your behalf. Registration, verification, campaign approval, number availability, and message delivery are not guaranteed.

Registration and verification information must be kept current. If registered information becomes inaccurate, incomplete, or out of date, or if a registration or verification is rejected, revoked, or expires, we may suspend the affected Communications Services until the issue is resolved.

Voice and Calling Services

If you use Communications Services to make or receive voice calls, you are responsible for ensuring that your calling activity complies with applicable laws, telecommunications requirements, consumer-protection requirements, and provider policies.

You must obtain any consent or authorization required before initiating calls, including consent applicable to automated, artificial-voice, prerecorded, telemarketing, or advertising calls. You must accurately identify yourself or the organization on whose behalf you are calling where required and must honor applicable do-not-call, opt-out, and revocation requests.

You may not use Communications Services to make fraudulent, deceptive, abusive, harassing, unlawful, or unauthorized calls or to conceal or misrepresent the identity or origin of a call.

Call Recording, Transcription, and Communications Analysis

Certain Services may allow calls to be recorded, transcribed, monitored, analyzed, summarized, or otherwise processed. You are responsible for determining whether and under what circumstances such functionality may lawfully be used.

Before recording, transcribing, monitoring, analyzing, or otherwise processing a communication, you must provide all notices and obtain all consents required by applicable law from call participants. Because U.S. call-recording and communications-privacy laws may vary by state and by the location of call participants, you are responsible for ensuring compliance for each communication.

You may not enable or use call recording, transcription, monitoring, or communications analysis where doing so would violate applicable privacy, wiretapping, communications, consumer-protection, or other laws. Where reasonably requested, you must provide evidence of compliance with applicable notice and consent requirements.

Information Extracted From Communications

The Services may allow information contained in messages, calls, recordings, or transcripts to be analyzed, identified, extracted, organized, summarized, or converted into structured information. This may include names, contact details, appointment dates and times, reservations, service requests, customer inquiries, instructions, preferences, or other information provided during a communication.

You are responsible for ensuring that you have a lawful basis and any necessary permissions to collect, process, store, use, or otherwise handle information obtained or derived through your use of the Communications Services, and for using such information only for lawful purposes and consistently with your own privacy notices and applicable law.

Telemarketing, Advertising, Automated, and Prerecorded Communications

If you use Communications Services for telemarketing, advertising, promotional, automated, artificial-voice, or prerecorded communications, you are responsible for identifying and satisfying all applicable consent, disclosure, identification, opt-out, do-not-call, timing, recordkeeping, and other requirements.

You must not initiate such communications unless you have obtained all consent or authorization required by applicable law. You must honor applicable revocations and do-not-call requests and may not use the Services to evade restrictions applicable to these communications.

Automated and AI-Generated Voice Communications

If you use the Services to place or receive calls handled by an automated system, conversational voice agent, synthetic or cloned voice, or other artificial or prerecorded voice, you are responsible for satisfying all requirements applicable to such calls. Artificial or AI-generated voices used in calls to consumers may be treated as an artificial or prerecorded voice under the Telephone Consumer Protection Act and related rules, which may require prior express consent, or prior express written consent for marketing calls.

You must clearly disclose to call participants, at or near the beginning of the interaction, that they are interacting with an automated or artificial-intelligence system rather than a human, where such disclosure is required by applicable law or is reasonably necessary to avoid deceiving the participant. Several U.S. states impose specific bot-disclosure or AI-disclosure obligations, and you are responsible for determining which apply to each call.

You must provide a reasonable means for a call participant to opt out of further automated calls and, where required or reasonably expected, to reach a human representative. You may not use a synthetic or cloned voice to impersonate a real individual, or to imply that a call originates from a person or organization other than the one on whose behalf the call is actually made.

Caller Identity and Trusted Calling

You may not manipulate, spoof, falsify, or misrepresent caller-identification information for deceptive, fraudulent, harmful, or unlawful purposes.

Certain outbound calling functionality may be subject to caller-identity verification, SHAKEN/STIR, trusted-calling, business verification, or other telecommunications requirements. You agree to provide accurate information reasonably required for verification and to use verified numbers and caller identities only in connection with authorized businesses and use cases.

We may limit or suspend outbound calling where required verification has not been completed or where caller identity or calling activity presents a fraud, abuse, security, carrier, or compliance risk.

Telephone Numbers

Where we provide, assign, provision, or otherwise make a telephone number available to you, the number is provided for your authorized use in connection with the Services. Provision or assignment does not constitute a sale or permanent transfer of ownership of that number.

Telephone numbers are subject to availability, numbering rules, carrier requirements, regulatory requirements, geographic restrictions, registration requirements, and provider policies. You agree to provide accurate and current identity, business, address, use-case, registration, or other information reasonably required to obtain, activate, maintain, or use a number.

A telephone number made available to you may be used only for your own registered business and approved use case. You may not resell, sublease, rent, assign, share, or otherwise make a number available to a third party, and you may not use a single number to send messages or place calls on behalf of more than one business or brand. Carrier and registration rules associate a number with a single registered business; using a number across multiple businesses may result in the number being blocked, the registration being revoked, or the Communications Services being suspended. If you serve multiple businesses, each business requires its own number and its own registration.

We may suspend, restrict, replace, reclaim, or discontinue a number where reasonably necessary to comply with law, carrier or provider requirements, address fraud or abuse, enforce these Terms, or comply with instructions from a carrier, provider, regulator, or governmental authority. Numbers may cease to be available following termination or suspension of the applicable Communications Services except where applicable law or an expressly agreed porting process provides otherwise. Numbers that remain unused, unregistered, or unverified for an extended period may also be reclaimed.

Emergency Calling and 911 Limitations

Third-Party Communications Providers

Communications Services depend on third-party providers including Twilio, telecommunications carriers, network operators, messaging aggregators, registration entities, and other infrastructure providers. Your use of Communications Services must comply with applicable requirements imposed by those providers.

Without limiting the foregoing, your use of Communications Services is subject to, and you agree to comply with, the policies of our communications providers as they may be updated from time to time, including the Twilio Acceptable Use Policy and the Twilio Messaging Policy, together with applicable carrier and registration-entity requirements and industry codes of conduct, including the CTIA Messaging Principles and Best Practices. Those policies are incorporated into these Terms by reference as they apply to your use of Communications Services. Where those policies impose a stricter requirement than these Terms, the stricter requirement applies. If you make Communications Services available to your own customers or users, you must impose obligations on them that are at least as protective as those set out in this section.

We may implement controls reasonably necessary to comply with such requirements, including message filtering, throughput limits, call limits, sender restrictions, caller verification, geographic restrictions, content restrictions, registration requirements, or suspension of communications functionality.

Communications Delivery and Availability

SMS, MMS, voice calls, telephone numbers, recordings, transcription, and other telecommunications functionality depend on third-party networks and infrastructure. Delivery, quality, availability, and successful completion are not guaranteed.

Communications may be delayed, filtered, blocked, rejected, throttled, interrupted, or unavailable because of carrier policies, recipient settings, network conditions, content filtering, regulatory requirements, registration status, telephone-number status, technical issues, fraud or abuse controls, or circumstances outside our reasonable control.

Carriers are not liable for delayed or undelivered messages. Neither we nor our communications providers or carriers guarantee that any particular message or call will be delivered, completed, or delivered within any particular time.

Communications Fees

Fees may apply to Communications Services, including charges associated with telephone numbers, SMS or MMS, voice calls, recordings, transcription, registration programs, carriers, regulatory programs, or other communications functionality. Recipients and call participants may separately incur charges imposed by their own providers. You are responsible for charges associated with your use of Communications Services under applicable pricing, order, plan, or service terms.

Communications Compliance Monitoring and Cooperation

We may take reasonable measures to monitor use of Communications Services for security, fraud, abuse, spam, operational, and compliance purposes. If we receive a complaint, carrier inquiry, regulatory inquiry, abuse report, opt-out complaint, call complaint, or other indication of potential non-compliance, you agree to reasonably cooperate with our investigation.

We may request information reasonably necessary to respond, including consent records, opt-in processes, call-recording notices, sample communications, messaging or calling use cases, complaints, and registration information.

Suspension or Termination of Access

We may suspend, restrict, or terminate your account or access to any or all Services where we reasonably believe that you have violated these Terms, failed to pay amounts due, created a security or abuse risk, violated applicable law or provider requirements, or where suspension is requested or required by a provider, carrier, registration entity, regulator, court, or governmental authority.

Without limiting the foregoing, Communications Services may be suspended where communications are sent or initiated without required consent, opt-out or do-not-call requests are not honored, recording or transcription is used without required notice or consent, communications activity presents a spam, fraud, abuse, harm, or regulatory risk, or required registration or verification information is inaccurate, incomplete, expired, rejected, or no longer valid.

We are not liable to you or any third party for suspension or termination to the extent permitted by law. Provisions that by their nature should survive termination will survive.

Termination

You may terminate your account by following the account-closure process made available through the Services or by notifying us where applicable. Upon termination, your right to access the Services ends and you remain responsible for fees incurred through the effective termination date.

Termination does not relieve you of payment obligations. We may retain limited account and transaction information after closure where reasonably necessary for fraud prevention, billing reconciliation, legal compliance, dispute resolution, or other purposes described in our Privacy Policy.

Information You Submit to or Through Our Services

You may submit data, content, materials, prompts, files, communications, or requests through ByteCompute ("Submissions"). As between you and ByteCompute, you retain your rights in your Submissions, subject to any rights necessary for us to provide the Services.

You grant ByteCompute a limited right to host, process, transmit, reproduce, and otherwise use Submissions only as reasonably necessary to provide, secure, maintain, troubleshoot, support, and improve the requested Services; comply with law; prevent abuse; or carry out purposes you expressly authorize.

Except where you expressly request model training or fine-tuning, we do not use your API inputs or outputs to train our general models. Limited API inputs, outputs, logs, or related technical information may be temporarily processed or retained where reasonably necessary for debugging, support, security, abuse prevention, or legal compliance.

For each Submission, you represent and warrant that you have all rights, permissions, and lawful bases necessary to submit and process it through the Services and that your Submission and use of the Services do not violate applicable law or the rights of any third party.

Intellectual Property

Excluding open-source components and content or data owned by customers or other third parties, ByteCompute owns all right, title, and interest in the Website and Services, including proprietary software, interfaces, graphics, trademarks, logos, documentation, designs, structure, selection, coordination, expression, and look and feel ("ByteCompute IP").

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use ByteCompute IP solely as necessary to use the Services. No rights are granted except as expressly stated.

If you provide feedback, suggestions, comments, or recommendations, you grant us a worldwide, royalty-free, irrevocable, perpetual right to use and incorporate that feedback without restriction or compensation.

DMCA

If you believe material available through the Services infringes your U.S. copyright, you may submit a notice under the Digital Millennium Copyright Act ("DMCA"). Notices and counter-notices must satisfy applicable statutory requirements, including 17 U.S.C. § 512.

Send DMCA notices and counter-notices to [email protected]. Knowingly misrepresenting infringement may result in liability under applicable law. We may restrict access or terminate accounts of repeat infringers.

Links and Third-Party Content

The Services may make available or link to third-party models, products, services, websites, content, infrastructure, or other materials ("Third-Party Content"). Availability of Third-Party Content does not imply endorsement, control, or responsibility by ByteCompute.

Your use of Third-Party Content may be subject to separate licenses, privacy policies, terms, acceptable-use policies, or other requirements. You are responsible for reviewing and complying with those requirements.

Warranties and Liability

Disclaimer of Warranties. To the maximum extent permitted by law, the Services and all content, materials, and services provided by us or our suppliers are provided "as is" and "as available" without warranties of any kind. We and our suppliers disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, secure, error-free, virus-free, or available at any particular speed or location.

Exclusion of Liability. To the maximum extent permitted by law, neither ByteCompute nor its suppliers will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, opportunities, goodwill, reputation, data, or business interruption, arising out of or relating to the Services, even if advised of the possibility of such damages.

Limitation of Liability. To the maximum extent permitted by law, the aggregate liability of ByteCompute and its suppliers arising out of or relating to the Services or these Terms will not exceed the total amount paid by you to ByteCompute for the Services during the twelve (12) months preceding the event giving rise to the claim. If you paid no fees during that period, aggregate liability will not exceed US $1,000.

Some jurisdictions do not allow certain exclusions or limitations. In those jurisdictions, the exclusions and limitations above apply only to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless ByteCompute, its suppliers, shareholders, partners, employees, contractors, agents, and affiliates from third-party claims, damages, losses, liabilities, costs, and expenses arising out of or relating to: (1) your use of the Services; (2) your Submissions or communications; (3) your conduct; (4) your breach of these Terms or another agreement with us; or (5) your violation of applicable law or third-party rights, except to the extent a claim arises solely from ByteCompute's negligence or willful misconduct where such exclusion is required by law.

You must provide reasonable cooperation in the defense of covered claims. We may participate in the defense at our own expense. You may not settle a claim in a manner that adversely affects our rights or imposes obligations on us without our prior written consent, not to be unreasonably withheld.

Legal Disputes and Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including formation, breach, termination, enforcement, interpretation, validity, or arbitrability, will be determined by binding arbitration in San Francisco, California before one arbitrator administered by JAMS under its applicable Comprehensive Arbitration Rules and Procedures, including applicable expedited procedures. Judgment on an award may be entered in any court of competent jurisdiction.

Nothing in this section prevents either party from seeking provisional or injunctive relief from a court where legally available.

You and ByteCompute understand and agree that arbitration will be conducted only on an individual basis and not as a class, collective, consolidated, or representative proceeding. Each party waives any right to a jury trial or to participate in a class action.

Either party may bring an individual action in a San Francisco small claims court if the dispute falls within that court's jurisdiction.

General

These Terms and the relationship between you and ByteCompute are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.

A waiver must be in writing and signed by the waiving party. Failure to enforce a provision does not constitute a waiver.

You may not assign or delegate your rights or obligations under these Terms without our prior written consent. We may assign or delegate our rights and obligations in connection with a merger, acquisition, reorganization, financing, sale of assets, or otherwise as permitted by law.

These Terms bind and benefit the parties and their permitted successors and assigns. No provision is intended to confer rights on a third party except where expressly stated.

The parties are independent contractors. Nothing creates an agency, employment, joint venture, or partnership relationship.

Nothing in these Terms obligates ByteCompute to enter into any separate commercial transaction with you.

The Services are operated from the United States, and information processed through the Services is stored and processed in the United States. We do not transfer Submissions or communications data outside the United States for storage. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local law.

You acknowledge that the Services may be subject to U.S. export-control and sanctions laws and regulations, and you agree not to export, re-export, transfer, or use the Services in violation of those requirements.

A breach of these Terms may cause irreparable harm for which monetary damages are insufficient. Where legally available, we may seek injunctive or equitable relief without limiting other remedies.

We are not liable for delay, failure, interruption, or inadequate performance caused by events beyond our reasonable control, including natural disasters, telecommunications failures, network outages, acts of terrorism or war, civil unrest, labor disputes, governmental actions, or failures of third-party infrastructure or providers.

Notice to New Jersey Consumers

If any provision of these Terms is held unenforceable, void, or inapplicable under New Jersey law, that provision will not apply to New Jersey consumers to the extent required by law, while the remainder of these Terms remains effective. Nothing in these Terms is intended to limit rights provided by the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act or other non-waivable rights.

Notice to California Consumers

Under California Civil Code § 1789.3, California consumers are entitled to the following notice: For questions or complaints regarding the Services, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, by telephone at +1 (916) 445-1254 or +1 (800) 952-5210, or as otherwise made available by the Department.

Contact Us

To resolve a complaint regarding the Services or to request additional information regarding use of the Services, please contact us at: