"Website" means bytetheoryinnovations.com and any subdomain thereof.
Posted/Revised: August 4, 2025
PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS SITE, USER AGREES TO THESE TERMS AND CONDITIONS.
These Terms of Use constitute an agreement (this “Agreement”) by and between ByteTheory Innovations LLC, a Georgia limited liability company whose principal place of business is 113 S Perry Street, Suite 206 #7832, Lawrenceville, Georgia, 30046 (“Provider”) and the corporation, LLC, partnership, sole proprietorship, or other business entity executing this Agreement (“User”). This Agreement is effective as of (i) the date User clicks the “I agree to the Terms of Service and Privacy Policy” checkbox (the “Effective Date”) when creating an account or (ii) Whenever User interacts with bytetheoryinnovations.com, with or without having created an account or selected the checkbox ("Effective Date"). The User’s usage of and the Provider’s provision of the Website (as defined below in Section 1.2) are governed exclusively by this Agreement.
EACH PARTY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS, AND THAT THE PERSON SIGNING ON ITS BEHALF HAS BEEN AUTHORIZED TO DO SO. THE PERSON EXECUTING THIS AGREEMENT ON USER’S BEHALF REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO BIND USER TO THESE TERMS AND CONDITIONS.
"Website" means bytetheoryinnovations.com and any subdomain thereof.
"Term" means the time period between the Effective Date and when User has ceased using the Website by deleting their account and becoming inactive as a user without a registered account.
"User Data" means all information processed or stored on the Website by User or on User's behalf.
"Privacy/Security Law" means laws (a) related to personal data that (b) govern Provider’s handling of User Data (if any).
"User Associate" means any individual who uses the Website on User’s behalf or through User’s account or passwords on bytetheoryinnovations.com, whether authorized or not.
Use of the Website. During the Term, User may access and use the Website solely for its internal business purposes, subject to this Agreement.
Service Levels. Provider does not guarantee any specific levels of uptime, availability, or performance of the Website.
Acceptable Use. User shall not: (a) use the Website for service bureau or time-sharing purposes or in any other way allow third parties to exploit the Website; (b) provide Website passwords or other log-in information to any third party; (c) share non-public Website features or content with any third party; (d) access the Website in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the Website, or to copy any ideas, features, functions or graphics of the Website; or (e) engage in web scraping or data scraping on or related to the Website, including without limitation collection of information through any software that simulates human activity or any bot or web crawler. In the event that it suspects any breach of the requirements of this Section 3.1, including without limitation by User Associates, Provider may suspend User’s access to the Website without advanced notice, in addition to such other remedies as Provider may have. This Agreement does not require that Provider take any action against User or any User Associate or other third party for violating this Section 3.1 or this Agreement, but Provider is free to take any such action it sees fit.
Unauthorized Access. User shall take reasonable steps to prevent unauthorized access to the Website, including without limitation by protecting its passwords and other log-in information. User shall notify Provider immediately of any known or suspected unauthorized use of the Website or breach of its security and shall use best efforts to stop said breach.
Compliance with Laws. In its use of the Website, User shall comply with all applicable laws, including without limitation Privacy/Security laws.
Users & Website Access. User is responsible and liable for: (a) Users’ use of the Website, including without limitation unauthorized User conduct and any User conduct that would violate the requirements of this Agreement applicable to User; and (b) any use of the Website through User’s account, whether authorized or unauthorized.
Management of User Data in General. The provisions below of this Section 4.1 are subject to applicable law, including Privacy/Security Laws.
Data Accuracy. Provider will have no responsibility or liability for the accuracy of data provided by User, including without limitation User Data and any other data provided by User Associate.
Confidential Information Defined. “Confidential Information” refers to the following: (a) any User document marked “confidential” or otherwise marked as sensitive; and (b) any other information User provides to Provider and orally designates “confidential,” provided User confirms such designation in writing within 5 business days. Notwithstanding the foregoing, Confidential Information does not include information that: (i) is in Provider’s possession at the time of disclosure; (ii) is independently developed by Provider without use of or reference to Confidential Information; (iii) becomes known publicly, before or after disclosure, other than as a result of Provider’s improper action or inaction; or (iv) is approved for release in writing by User.
Nondisclosure. Provider shall not use Confidential Information for any purpose other than to facilitate his/her duties as assigned by User. Provider shall not disclose Confidential Information to any other third party without User’s prior written consent and shall exercise reasonable care to prevent unauthorized disclosure of Confidential Information. Notwithstanding the foregoing, Provider may disclose Confidential Information as required by applicable law or by proper legal or governmental authority. Provider shall give User prompt notice of any such legal or governmental demand and reasonably cooperate with User in any effort to seek a protective order or otherwise to contest such required disclosure, at User’s expense.
Retention of Rights. This Agreement does not transfer ownership of Confidential Information or grant a license thereto. User retains all rights in Confidential Information.
Exception & Immunity. Pursuant to the Defend Trade Secrets Act of 2016, 18 USC Section 1833(b), Provider is on notice and acknowledges that, notwithstanding the foregoing or any other provision of this Agreement:
IP RIGHTS TO THE WEBSITE. Provider retains all right, title, and interest in and to the Website, including without limitation all software used to provide the Website and all graphics, user interfaces, logos, and trademarks reproduced through the Website. This Agreement does not grant User any intellectual property license or rights in or to the Website or any of its components. User recognizes that the Website and its components are protected by copyright and other laws.
Feedback. “Feedback” refers to any suggestion or idea for improving or otherwise modifying any of Provider’s products or services. Provider has not agreed to and does not agree to treat as confidential any Feedback (as defined below) that User, User Associates, or other Users give Provider, and nothing in this Agreement or in the parties’ dealings arising out of or related to this Agreement will restrict Provider’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting User. Feedback will not be considered User’s trade secret.
From User. User represents and warrants that: (a) it has the full right and authority to enter into, execute, and perform its obligations under this Agreement and that no pending or threatened claim or litigation known to it would have a material adverse impact on its ability to perform as required by this Agreement; (b) it has accurately identified itself and it has not provided any inaccurate information about itself to or through the usage of the Website; and (c) it is a corporation, the sole proprietorship of an individual 18 years or older, or another entity authorized to do business pursuant to applicable law.
Warranty Disclaimers. USER ACCEPTS THE WEBSITE “AS IS,” WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) PROVIDER HAS NO OBLIGATION TO INDEMNIFY OR DEFEND USER OR USERS AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; (b) PROVIDER DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL PERFORM WITHOUT INTERRUPTION OR ERROR; AND (c) PROVIDER DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT USER DATA WILL REMAIN PRIVATE OR SECURE.
User shall defend, indemnify, and hold harmless Provider and the Provider Associates (as defined below) against any “Indemnified Claim,” meaning any third party claim, suit, or proceeding arising out of or related to User's alleged or actual use of, misuse of, or failure to use the Website, including without limitation: (a) claims by Users or by User's employees, as well as by User’s own customers; (b) claims related Data Incidents (as defined below); (c) claims related to infringement or violation of a copyright, trademark, trade secret, or privacy or confidentiality right by written material, images, logos or other content uploaded to the Website through User’s account, including without limitation by User Data; and (d) claims that use of the Website through User’s account, including by Users, harasses, defames, or defrauds a third party or violates the CAN-Spam Act of 2003 or any other law or restriction on electronic advertising. INDEMNIFIED CLAIMS INCLUDE, WITHOUT LIMITATION, CLAIMS ARISING OUT OF OR RELATED TO PROVIDER’S NEGLIGENCE. User’s obligations set forth in this Article 8 include, without limitation: (i) settlement at User’s expense and payment of judgments finally awarded by a court of competent jurisdiction, as well as payment of court costs and other reasonable expenses; and (ii) reimbursement of reasonable attorneys’ fees incurred before Users’ assumption of the defense (but not attorneys’ fees incurred thereafter). If User fails to assume the defense on time to avoid prejudicing the defense, Provider may defend the Indemnified Claim, without loss of rights pursuant to this Article 8. Provider will have the right, not to be exercised unreasonably, to reject any settlement or compromise that requires that it or a Provider Associate admit wrongdoing or liability or subjects either of them to any ongoing affirmative obligation. (“Provider Associates” are Provider’s officers, directors, shareholders, parents, subsidiaries, agents, successors, and assigns. A “Data Incident” is any (1) unauthorized disclosure of, access to, or use of User Data, including without limitation Excluded Data, or (2) violation of Privacy/Security Law through User’s account. Data Incidents include, without limitation, such events caused by User, by Provider, by User’s customers or other users, by hackers, and by any other third party.)
Dollar Cap. PROVIDER’S CUMULATIVE LIABILTY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED $1,000.
Excluded Damages. Except with regard to breaches of Article 9 (Confidential Information), IN NO EVENT WILL PROVIDER BE LIABLE FOR LOST PROFITS OR LOSS OF BUSINESS OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
Clarifications & Disclaimers. THE LIABILITIES LIMITED BY THIS ARTICLE 9 APPLY TO THE BENEFIT OF PROVIDER’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD PARTY CONTRACTORS, AS WELL AS: (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (c) EVEN IF PROVIDER IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (d) EVEN IF USER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. User acknowledges and agrees that Provider has based its pricing on and entered into this Agreement in reliance upon the limitations of liability and disclaimers of warranties and damages in this Article 9 and that such terms form an essential basis of the bargain between the parties. If applicable law limits the application of the provisions of this Article 9, Provider’s liability will be limited to the maximum extent permissible. For the avoidance of doubt, Provider’s liability limits and other rights set forth in this Article 9 apply likewise to Provider’s affiliates, licensors, suppliers, advertisers, agents, sponsors, directors, officers, employees, consultants, and other representatives.
Term and Termination. The term of this Agreement will commence on the Effective Date and continue for the period set forth by the Term. Users may terminate this Agreement at any time by deleting their account and ceasing to use the Website. Provider may terminate this Agreement at any time, with or without cause, by providing User with 15 days’ prior written notice. Upon termination of this Agreement, User must cease all use of the Website.
Survival. The following provisions will survive termination or expiration of this Agreement: (a) any obligation of User to pay fees incurred before termination; (b) Articles and Sections 5 (Confidential Information), 7.2 (Warranty Disclaimers), 8 (Indemnification), and 9 (Limitation of Liability); and (c) any other provision of this Agreement that must survive to fulfill its essential purpose.
Independent Contractors. The parties are independent contractors and shall so represent themselves in all regards. Neither party is the agent of the other, and neither may make commitments on the other’s behalf.
Notices. Provider may send notices pursuant to this Agreement to User’s email contact points provided by User, and such notices will be deemed received 48 hours after they are sent. User may send notices pursuant to this Agreement toinfo@bytetheoryinnovations.com, and such notices will be deemed received 48 hours after they are sent.
Force Majeure. No delay, failure, or default, other than a failure to pay fees when due, will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, hurricanes, earthquakes, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, or other causes beyond the performing party’s reasonable control.
Assignments & Successors. User may not assign this Agreement or any of its rights or obligations hereunder without Provider’s express written consent. Except to the extent forbidden in this Section 11.4, this Agreement will be binding upon and inure to the benefit of the parties’ respective successors and assigns.
Severability & Waiver. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect. Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.
Choice of Law & Jurisdiction. This Agreement and all claims arising out of or related to this Agreement will be governed solely by the internal laws of the State of Georgia, including without limitation applicable federal law, without reference to: (a) any conflicts of law principle that would apply the substantive laws of another jurisdiction to the parties’ rights or duties; (b) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (c) other international laws. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of Fulton County, Georgia. This Section 11.6 governs all claims arising out of or related to this Agreement, including without limitation tort claims.
Conflicts. In the event of any conflict between this Agreement and any Provider policy posted online, including without limitation the Privacy Policy, the terms of this Agreement will govern.
Technology Export. User shall not: (a) permit any third party to access or use the Website in violation of any U.S. law or regulation; or (b) export any software provided by Provider or otherwise remove it from the United States except in compliance with all applicable U.S. laws and regulations. Without limiting the generality of the foregoing, User shall not permit any third party to access or use the Website in, or export such software to, a country subject to a United States embargo (as of the Effective Date, Cuba, Iran, North Korea, Sudan, and Syria).
Entire Agreement. This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter. Neither party has relied upon any such prior or contemporaneous communications.
Amendment. Provider may amend this Agreement from time to time by posting an amended version on the Website and sending User written notice thereof. Such amendment will be deemed accepted and become effective 30 days after such notice (the “Proposed Amendment Date”) unless User first gives Provider written notice of rejection of the amendment. In the event of such rejection, this Agreement will continue under its original provisions, and the amendment will become effective 30 days following the Proposed Amendment Date (unless User first terminates this Agreement pursuant to Article 10, Term & Termination). User’s continued use of the Website following the effective date of an amendment will confirm User’s consent thereto. This Agreement may not be amended in any other way except through a written agreement by authorized representatives of each party. Provider may revise the Privacy Policy at any time by posting a new version of either at the Website, and such new version will become effective on the date it is posted; provided if such amendment materially reduces User’s rights or protections, notice and consent will be subject to the requirements above in this Section 11.10.