Last updated Feb 24, 2023
These Terms of Use constitute a legally binding agreement made between you, whetherpersonally or on behalf of an entity (“you”) and Bytebaked (“we”, “us”, or “our”), concerningyour access to and use of the https://bytebaked.com website as well as any other media form,media channel, mobile website or mobile application related, linked, or otherwise connectedthereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood,and agree to be bound by all of these Terms of Use, including the Services Agreement posted onthe Site, which are incorporated into these Terms of Use. IF YOU DO NOT AGREE WITH ALL OFTHESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITEAND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to timeare hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion,to make changes or modifications to these Terms of Use from time to time. We will alert you aboutany changes by updating the “Last updated” date of these Terms of Use, and you waive any right toreceive specific notice of each such change. Please ensure that you check the applicable Termsevery time you use our Site so that you understand which Terms apply. You will be subject to, andwill be deemed to have been made aware of and to have accepted, the changes in any revisedTerms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any personor entity in any jurisdiction or country where such distribution or use would be contrary tolaw or regulation or which would subject us to any registration requirement within suchjurisdiction or country. Accordingly, those persons who choose to access the Site from otherlocations do so on their own initiative and are solely responsible for compliance with locallaws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portabilityand Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.),so if your interactions would be subjected to such laws, you may not use this Site. You may notuse the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2.1 Unless otherwise indicated, the Site is our proprietary property and all source code,databases, functionality, software, website designs, audio, video, text, photographs, andgraphics on the Site (collectively, the “Content”) and the trademarks, service marks, andlogos contained therein (the “Marks”) are owned or controlled by us or licensed to us, andare protected by copyright and trademark laws and various other intellectual property rightsand unfair competition laws of the United States, international copyright laws, andinternational conventions. The Content and the Marks are provided on the Site “AS IS” foryour information and personal use only. Except as expressly provided in these Terms ofUse, no part of the Site and no Content or Marks may be copied, reproduced, aggregated,republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever,without our express prior written permission.
2.2 Provided that you are eligible to use the Site, you are granted a limited license to accessand use the Site and to download or print a copy of any portion of the Content to which youhave properly gained access solely for your personal, non-commercial use. We reserve allrights not expressly granted to you in and to the Site, the Content and the Marks.
3.1 By using the Site, you represent and warrant that: (1) all registration information you submitwill be true, accurate, current, and complete; (2) you will maintain the accuracy of suchinformation and promptly update such registration information as necessary; (3) you havethe legal capacity and you agree to comply with these Terms of Use; (4) you are not a minorin the jurisdiction in which you reside; (5) you will not access the Site through automated ornon-human means, whether through a bot, script or otherwise; (6) you will not use the Sitefor any illegal or unauthorized purpose; and (7) your use of the Site will not violate anyapplicable law or regulation.
3.2 If you provide any information that is untrue, inaccurate, not current, or incomplete, we havethe right to suspend or terminate your account and refuse any and all current or future useof the Site (or any portion thereof).
4.1 The frequency of invoice processing, whether monthly, quarterly or annually, is determined by the terms of the contract. The Customer is required to adhere to the terms and conditions of their chosen payment service when making payments towards their invoice.
4.2 The customer is obligated to pay the post-pay invoices otherwise we will pursue Legal Proceedings for the recovery of the debt, where the customer will be liable to pay interest and court fees.
5.1 You may not access or use the Site for any purpose other than that for which we make theSite available. The Site may not be used in connection with any commercial endeavorsexcept those that are specifically endorsed or approved by us.As a user of the Site, you agree not to:▪ Systematically retrieve data or other content from the Site to create or compile,directly or indirectly, a collection, compilation, database, or directory without writtenpermission from us.
5.2 As a user of the Site, you agree not to:
▪ Systematically retrieve data or other content from the Site to create or compile,directly or indirectly, a collection, compilation, database, or directory without writtenpermission from us.
▪ Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitiveaccount information such as user passwords.▪ Circumvent, disable, or otherwise interfere with security-related features of the Site, includingfeatures that prevent or restrict the use or copying of any Content or enforce limitations onthe use of the Site and/or the Content contained therein.▪ Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
▪ Use any information obtained from the Site in order to harass, abuse, or harm anotherperson.▪ Make improper use of our support services or submit false reports of abuse or misconduct.▪ Use the Site in a manner inconsistent with any applicable laws or regulations.▪ Engage in unauthorized framing of or linking to the Site.
▪ Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or othermaterial, including excessive use of capital letters and spamming (continuous posting ofrepetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site ormodifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, ormaintenance of the Site.
▪ Engage in any automated use of the system, such as using scripts to send comments ormessages, or using any data mining, robots, or similar data gathering and extraction tools.▪ Delete the copyright or other proprietary rights notice from any Content.
▪ Attempt to impersonate another user or person or use the username of another user.
▪ Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive oractive information collection or transmission mechanism, including without limitation, cleargraphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices(sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
▪ Interfere with, disrupt, or create an undue burden on the Site or the networks or servicesconnected to the Site.▪ Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providingany portion of the Site to you.
▪ Attempt to bypass any measures of the Site designed to prevent or restrict access to theSite, or any portion of the Site.
▪ Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript,or other code.
▪ Except as permitted by applicable law, decipher, decompile, disassemble, or reverseengineer any of the software comprising or in any way making up a part of the Site.
▪ Except as may be the result of standard search engine or Internet browser usage, use,launch, develop, or distribute any automated system, including without limitation, any spider,robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching anyunauthorized script or other software.
▪ Make any unauthorized use of the Site, including collecting usernames and/or emailaddresses of users by electronic or other means for the purpose of sending unsolicitedemail, or creating user accounts by automated means or under false pretenses.
▪ Operating applications that are used to mine crypto currencies
▪ The scanning of foreign networks or foreign IP addresses and/or websites.
6.1 Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”)2.101. If our services are acquired by or on behalf of any agency not within the Departmentof Defense (“DOD”), our services are subject to the terms of these Terms of Use in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). Ifour services are acquired by or on behalf of any agency within the Department of Defense,our services are subject to the terms of these Terms of Use in accordance with DefenseFederal Acquisition Regulation (“DFARS”) 227.7202-3. In addition, DFARS 252.227-7015applies to technical data acquired by the DOD. This U.S. Government Rights clause is inlieu of, and supersedes, any other FAR, DFARS, or other clause or provision thataddresses government rights in computer software or technical data under these Terms of Use.
7.1 We reserve the right, but not the obligation, to:
(1) monitor the Site for violations of theseTerms of Use;
(2) take appropriate legal action against anyone who, in our sole discretion,violates the law or these Terms of Use, including without limitation, reporting such user tolaw enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrictaccess to, limit the availability of, or disable (to the extent technologically feasible) any ofyour Contributions or any portion thereof;
(4) in our sole discretion and without limitation,notice, or liability, to remove from the Site or otherwise disable all files and content that areexcessive in size or are in any way burdensome to our systems; and
(5) otherwise managethe Site in a manner designed to protect our rights and property and to facilitate the properfunctioning of the Site.
8.1 These Terms of Use shall remain in full force and effect while you use the Site. WITHOUTLIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THERIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANYAPPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE ORPARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT.
8.2 If we terminate or suspend your account for any reason, you are prohibited from registering andcreating a new account under your name, a fake or borrowed name, or the name of any third party,even if you may be acting on behalf of the third party. In addition to terminating or suspending youraccount, we reserve the right to take appropriate legal action, including without limitation pursuingcivil, criminal, and injunctive redress.
9.1 The European Commission provides an online dispute resolution platform, which you canaccess here: https://ec.europa.eu/consumers/odr. If you would like to bring this subject to ourattention, please contact us.
10.1 THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THATYOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THEFULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSOR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF,INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THEACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OFANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY ORRESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OFCONTENT AND MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OFANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OFTHE SITE,
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERSAND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATIONSTORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TOOR FROM THE SITE,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKEWHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY,AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS ORFOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USEOF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIATHE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUMERESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ATHIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITEOR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FORMONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTYPROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF APRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOUSHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEREAPPROPRIATE.
11.1 IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLETO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSTPROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROMYOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINEDHEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITEDTO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWSAND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIEDWARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IFTHESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS ORLIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
We will maintain certain data that you transmit to the Site for the purpose of managing theperformance of the Site, as well as data relating to your use of the Site. Although weperform regular routine backups of data, you are solely responsible for all data that youtransmit or that relates to any activity you have undertaken using the Site. You agree thatwe shall have no liability to you for any loss or corruption of any such data, and you herebywaive any right of action against us arising from any such loss or corruption of such data.
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