Terms of service

1. Accepting these terms

These terms of service ("Terms") are between you and ByteAlong LLC, a Texas limited liability company ("ByteAlong", "we", "us" or "our"). They govern use of bytealong.com and its pages (the "site") and explain permissions and restrictions relating to our Software, Materials and Deliverables.

Please read these Terms before using the site. By expressly accepting them, or using the site after receiving reasonable notice of them where that constitutes acceptance under applicable law, you agree to these Terms. If you do not agree, do not use the site. If you accept for an organization, you confirm that you have authority to bind it, and "you" means that organization.

Projects and services require a Written Agreement. Where we offer Software through an account, trial or download, we require acceptance of the applicable license or Product Terms before use. A website visit alone does not order services or license a separate Software product. These Terms supplement a Written Agreement only where incorporated into it or otherwise validly agreed.

Products offered with their own terms, including the Writing Assistant, are governed by those Product Terms instead of these Terms, except where the Product Terms expressly incorporate them. See section 19 for the order of precedence.

2. Definitions

• "Software" means programs, code and tools that ByteAlong owns or is authorized to license, including source and object code, firmware, scripts, configuration templates, automation tools, dashboards, applications, browser extensions, APIs, hosted services and their updates. It does not include Site Code.
• "Site Code" means the HTML, style sheets, scripts, fonts, images and other resources your browser loads to display and operate the site.
• "Materials" means content provided by ByteAlong, including documentation, designs, diagrams, specifications, checklists, training content, proposals and pricing, other than items designated as Deliverables.
• "Deliverables" means items a Written Agreement identifies as work we will produce for a particular client, such as as-built documentation and device configurations.
• "Written Agreement" means a contract, license, master services agreement, statement of work or similar document that expressly describes the services or grants rights and is signed, including electronically, by authorized representatives of ByteAlong and the client. A quote or proposal qualifies only if it expressly operates as an agreement and is signed by both parties. An ordinary invoice, purchase order, email or chat message does not by itself qualify.
• "Product Terms" means license, subscription or other product-specific terms that ByteAlong presents for acceptance in connection with an account, trial, download or service.

3. Proprietary software

3.1 Ownership

ByteAlong and its licensors retain their rights in Software and Materials, including applicable copyright, trade-secret, patent and other intellectual property rights. Rights in third-party components remain with their owners. These Terms grant permissions to use specified items; they do not transfer ownership except where expressly stated.

Ownership of work created during an engagement is determined by the Written Agreement or, where it is silent, section 4. We do not claim ownership of your pre-existing information, content or intellectual property merely because you provide it to us.

3.2 Permission to use Software

You may access, install, run, copy, modify or distribute Software only to the extent expressly permitted by a Written Agreement, applicable Product Terms, these Terms or an applicable third-party license.

Permissions include the client rights in section 4. Ordinary use of Site Code is permitted under section 5 and does not require a separate signed license.

Receiving or finding a copy, or seeing Software in a demonstration, does not by itself grant additional rights. Trials are limited to their stated scope and duration. Software is licensed, not sold. Except for rights expressly granted or required by law, all rights are reserved.

3.3 Restrictions

Except to the extent expressly permitted by a Written Agreement, applicable Product Terms, another provision of these Terms, a third-party license or non-waivable law, you must not:

• copy, modify, translate or create derivative works of Software or Materials;
• reverse engineer, decompile or disassemble Software, or try to discover its source code or non-public algorithms;
• sell, rent, sublicense, distribute or transfer Software or Materials, or use them to provide services to unrelated third parties;
• use Software beyond the agreed users, devices, sites, purpose, usage limits or term;
• remove or obscure copyright, trademark, confidentiality or license notices;
• bypass license controls, access restrictions, security features or usage limits;
• use non-public Software or Materials to develop a competing product, train AI models or publish confidential benchmark or performance information; or
• use Software or Materials unlawfully or permit others to do any prohibited act.

These restrictions do not prohibit the website uses in section 5, evaluation of a proposal under section 9, or a client's authorized use of employees and replacement service providers under section 4.

3.4 Third-party components

Open-source and other third-party components are governed by their own licenses. Those licenses control for the relevant components, and nothing here limits rights they grant. Manufacturer equipment, operating systems and software remain subject to the manufacturer's terms. ByteAlong grants rights only to the extent it is authorized to grant them.

3.5 Unauthorized use

Use beyond the permissions described in this section may breach the applicable agreement and may infringe intellectual property rights. Subject to that agreement and applicable law, ByteAlong may require unauthorized use to stop, require deletion of unauthorized copies, suspend access and seek available remedies.

Unauthorized use or disclosure may cause harm that damages alone cannot adequately remedy. Any injunction remains subject to the court's requirements and discretion. Please report suspected unauthorized use to info@bytealong.com.

3.6 Licensing inquiries

Contact us if you need rights beyond those expressly granted, including permission to distribute Software or use it in a separate commercial offering.

4. Project deliverables

A Written Agreement may set different ownership and license terms. Where it does not, ByteAlong grants the following rights to the client for whom it produces the Deliverables:

• Ownership. Each party retains its pre-existing intellectual property. ByteAlong retains ownership of the original portions of Deliverables it creates, its Software, Materials, tools, templates and methods. Client-provided data and content remain the client's or their owner's property. Third-party rights remain with their owners.
• Client license. Once the client pays in full for the relevant Deliverables, it receives a perpetual, non-exclusive, fully paid license to use, copy, modify and maintain them for its internal business operations, including operating, maintaining, expanding and replacing its own systems. This includes using, copying and adapting embedded ByteAlong Software only as reasonably necessary for those purposes.
• People working for the client. Employees, advisers and contractors, including a replacement IT provider, may exercise those rights for the client's benefit, subject to appropriate confidentiality duties. The client is responsible for their compliance with the applicable license restrictions.
• Transfer with the systems. The client may transfer this license with the relevant systems or the business that owns them if the recipient accepts the applicable license restrictions and confidentiality duties. This is an express exception to section 19's assignment restriction.
• Limits. These rights do not permit selling ByteAlong tools as a standalone product or providing unrelated third-party services with them. They do not include ongoing hosted services, subscriptions, updates or support, which require their own agreement. Third-party components remain subject to their own licenses.
• Later changes and reuse. The client retains any rights it independently acquires in original additions it or its contractors create, subject to ByteAlong's underlying rights. ByteAlong may reuse general knowledge, skills and experience, but not disclose the client's confidential information or use its intellectual property without permission.

The paid license continues after the engagement ends. Any termination of that license must follow an express provision of the Written Agreement or applicable law; ending access to the website does not by itself terminate it.

5. Using the website

You may view the site and print or download pages for your own information or to evaluate our services. Your browser may download, cache and run Site Code for ordinary site use. These permissions do not authorize republishing the site or selling its content.

You must not:

• use the site unlawfully, fraudulently or to harm others;
• probe, scan or test vulnerabilities without our prior written authorization, or bypass security or authentication measures;
• disrupt the site through excessive requests, malicious code or denial-of-service activity;
• scrape or harvest content or contact details, except for ordinary search-engine indexing that follows applicable access restrictions and standard protocols;
• frame or mirror the site or misrepresent its content as your own;
• use site content to train AI models without permission, except where applicable law provides a right that cannot be restricted by contract; or
• send spam, abusive messages or malicious attachments.

If you discover a security issue, report it to info@bytealong.com. Do not access other people's data or continue testing without authorization. We welcome good-faith reports.

6. Information, not an offer

Site content describes ByteAlong and its services in general. It is not advice tailored to your engineering, security, legal or compliance needs, and is not a binding quote or offer. Scope, pricing, timing and availability are established in the applicable Written Agreement. Testimonials describe individual experiences and do not guarantee similar results. We seek to keep the site accurate but do not guarantee that it is complete or current.

7. Services and equipment

• Written Agreement governs. Services, including design, installation, configuration and support, are supplied under a Written Agreement. It should identify the work, responsibilities, payment terms, acceptance process and any support or warranty commitments.
• Additional terms. We object to additional or pre-printed terms in purchase orders, vendor portals and similar documents unless an authorized ByteAlong representative expressly accepts them in writing. The effect and priority of signed documents are determined by those documents and applicable law.
• Third-party equipment. We are not the manufacturer of equipment we supply or install. We pass through available manufacturer warranties to the extent permitted. ByteAlong gives no additional contractual equipment warranty unless the Written Agreement states one. This does not exclude a warranty or remedy that the law does not allow us to exclude, or our agreed obligations for installation work.
• Your responsibilities. Unless otherwise agreed, you must provide safe and timely site access, accurate information, required building or landlord permissions, appropriate data backups and secure handling of credentials. We remain responsible for obligations allocated to us by the agreement or law.

8. Security systems

For surveillance, door access and similar systems:

• Lawful use. You decide and approve the purposes and locations of cameras and readers and how your organization uses the systems. You are responsible for applicable privacy, recording, audio-consent, workplace-monitoring, signage, biometric and retention requirements, including necessary notices and consents.
• No guarantee of prevention. Systems may reduce risk but cannot prevent or detect every intrusion, theft, loss, injury or cyberattack. ByteAlong is not an insurer and does not guarantee that every event will be detected, deterred or recorded.
• Remote access. Enabling you or your authorized users to view or manage systems remotely does not include ByteAlong watching those systems or responding to events. Active monitoring requires an express Written Agreement stating its scope and hours.
• Emergency response. Unless expressly agreed in writing, ByteAlong does not provide 24-hour alarm monitoring, guard response or emergency dispatch. Contact emergency services directly in an emergency.
• ByteAlong's obligations. Your responsibilities do not reduce our own legal or contractual duties, including applicable installation codes, licensing requirements and agreed workmanship standards.

9. Confidentiality

Ours. Non-public Software, source code, Materials, pricing, proposals and methods disclosed in circumstances reasonably indicating confidentiality are ByteAlong's confidential information. Use them only to evaluate or receive our services or exercise an authorized license. Share them only with employees, advisers and contractors who need them and are bound by appropriate confidentiality duties.

Yours. Non-public information you provide, or we access through your systems, is your confidential information where its nature or the circumstances reasonably indicate that it is confidential. This includes network designs, configurations, credentials, security arrangements, footage and records. We use it only to evaluate or provide the requested work, administer our relationship or meet legal obligations. We disclose it only to people and providers who need it for those purposes and are subject to appropriate confidentiality duties.

For both. Confidentiality duties do not cover information that becomes public without a breach, was already lawfully known without a duty of confidentiality, is lawfully received from another source without such a duty, or is independently developed. A party may disclose information when legally required, giving advance notice where lawful and practicable and limiting disclosure to what is required.

These duties continue while the information remains confidential. A Written Agreement's confidentiality terms take priority within its scope. Personal information is also handled as described in our privacy policy and any applicable data-processing agreement; a confidentiality exception does not remove privacy obligations.

10. Trademarks and content

The ByteAlong name, logo and related branding belong to ByteAlong or their respective owners. You may refer to us accurately, but may not imply sponsorship or use our branding as your own. Other uses require written permission unless permitted by law.

Site text, graphics, illustrations, layout and code are owned by ByteAlong or its licensors. The permissions in section 5 and applicable third-party licenses still apply. Other names and logos belong to their owners and do not imply endorsement.

11. Feedback

If you voluntarily provide suggestions about the site, Software or services, you grant us a non-exclusive, worldwide, perpetual, royalty-free right to use and incorporate those suggestions without payment or attribution. This permission does not transfer ownership of your intellectual property or authorize use or disclosure of your confidential information, personal information or separately supplied project content. Do not provide feedback you lack authority to license on this basis.

12. Third-party sites

Links to GitHub, equipment manufacturers or other third parties are provided for convenience. We do not control their sites, products or privacy practices. Their terms govern your use of their offerings. A link does not itself indicate endorsement.

13. Disclaimer of warranties

EXCEPT AS EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT OR PRODUCT TERMS, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ANY SOFTWARE OR MATERIALS PROVIDED UNDER THESE TERMS ARE PROVIDED "AS IS" AND "AS AVAILABLE". BYTEALONG DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY, AND WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

We do not guarantee that the site will be uninterrupted, error-free or free from harmful components. This section does not override an express promise in an applicable agreement or exclude any statutory warranty or remedy that cannot lawfully be excluded.

14. Limitation of liability

Scope. This section applies to the site and to Software or Materials supplied under these Terms without a Written Agreement or Product Terms. It does not apply to services, Deliverables, Software or Materials covered by a Written Agreement or Product Terms, whether paid or free. Liability for those is governed by that agreement and applicable law. If the agreement contains no liability limit, this section does not supply one.

WITHIN THAT SCOPE, AND TO THE FULLEST EXTENT PERMITTED BY LAW, BYTEALONG AND ITS OWNERS, EMPLOYEES, CONTRACTORS, SUPPLIERS AND LICENSORS ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL OR DATA, EVEN IF ADVISED THAT SUCH LOSS COULD OCCUR.

WITHIN THAT SAME SCOPE, THEIR COMBINED TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100), TO THE FULLEST EXTENT PERMITTED BY LAW.

THESE LIMITS APPLY REGARDLESS OF THE LEGAL THEORY, INCLUDING CONTRACT, TORT, STRICT LIABILITY AND NEGLIGENCE, INCLUDING BYTEALONG'S OWN NEGLIGENCE, AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

These limits do not exclude or limit liability that cannot lawfully be excluded or limited, including fraud, willful misconduct or gross negligence where the applicable law prohibits such a limit.

15. Indemnification

To the extent permitted by law, you will defend ByteAlong and its owners, employees and contractors against third-party claims arising from your material breach of these Terms, your unauthorized use or distribution of Software or Materials, or your unlawful use of surveillance or access systems. You will indemnify them for resulting damages finally awarded, approved settlements and reasonable defense costs, to the extent caused by that conduct. This duty does not cover losses to the extent caused by the protected party's own negligence, willful misconduct or breach of its obligations.

We will give prompt notice of a claim; a delay reduces your obligations only to the extent it materially harms the defense. You may control the defense using counsel reasonably acceptable to us. We will reasonably cooperate at your expense and may participate with separate counsel at our own expense. If you do not promptly assume or diligently conduct the defense after receiving notice, we may defend the claim and recover reasonable defense costs from you, subject to the scope and exclusions in this section.

You may not settle without our written consent if the settlement admits fault on our behalf, imposes an obligation or restriction on us, or fails to release the protected parties fully. We will not unreasonably withhold consent to a settlement that fully protects their interests. Indemnity provisions in a Written Agreement or Product Terms govern claims within their scope.

16. Export and government use

Export controls. Software and technical information may be subject to applicable export-control and sanctions laws. You must not export, re-export, transfer or use them in a prohibited transaction or without a required authorization. Each party remains responsible for its own compliance obligations.

U.S. government users. Where applicable, Software and documentation are provided as commercial computer software and commercial computer software documentation. Government rights are determined by the applicable acquisition rules and the governing government contract; these Terms do not override mandatory procurement requirements.

17. Suspension and termination

Subject to a Written Agreement, Product Terms and the continuing rights in section 4, we may suspend or end access supplied under these Terms for a material breach, as required by law, or where reasonably necessary to protect the site, our systems or others from harm. Where practicable and appropriate, we will explain the reason and provide an opportunity to correct a remediable breach. Immediate action may be needed for an urgent security or legal issue.

When a license lawfully ends, stop the affected use and delete copies you are no longer entitled to keep. This does not require deletion of paid Deliverables or embedded Software you may continue using, documentation needed to support those systems, or archival copies required by law or a reasonable documented retention policy. Archival copies remain subject to confidentiality and license restrictions and may not be used to continue a terminated service.

Ending a Written Agreement or product subscription follows that agreement. Ownership, continuing licenses, confidentiality, accrued payment obligations and provisions that by their nature should survive continue after termination, including applicable provisions of sections 2 to 4 and 9 to 19.

18. Governing law and disputes

• Governing law. These Terms are governed by the laws of the State of Texas, without applying its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. This choice does not remove mandatory protections that applicable law does not permit the parties to waive.
• Informal resolution. Before filing a claim, the parties will try in good faith to resolve it for 30 days after written notice describing the dispute. Send notices to info@bytealong.com. This does not prevent urgent relief, a regulator complaint or a filing needed to preserve a legal deadline.
• Courts. Except for the urgent relief described below, or where a governing agreement or mandatory law requires otherwise, disputes under these Terms will be brought exclusively in a state or federal court of competent jurisdiction located in Texas. The parties consent to that jurisdiction and venue.
• Urgent relief. Either party may seek necessary interim or injunctive relief from a court of competent jurisdiction to protect intellectual property, confidential information or other rights. The court determines the requirements for that relief.
• Filing deadlines. Claims must be brought within the time allowed by applicable law. These Terms do not shorten those statutory periods. The 30-day informal resolution process does not extend a filing deadline unless the parties validly agree or the law provides otherwise.

19. General terms

• Entire agreement. These Terms and any applicable Written Agreement or Product Terms form the agreement on their respective subjects. Our privacy policy describes our information practices. Accepting these Terms is not consent to processing that requires separate consent.
• Order of precedence. Mandatory law controls. A Written Agreement prevails within its scope, followed by applicable Product Terms, then these Terms where incorporated or otherwise applicable. An express priority provision in a signed agreement controls the relationship between that agreement and Product Terms. Third-party licenses govern their components. This order does not waive statutory privacy rights or override binding data-processing obligations.
• Severability. If a provision cannot be enforced, the remaining provisions continue to the extent permitted by law. A court may limit an invalid provision only where permitted.
• No waiver. A delay or failure to enforce a provision does not waive later enforcement.
• Assignment. Except for transfers expressly permitted by section 4 or an applicable agreement, you may not assign these Terms or their rights and obligations without our written consent. We may assign them in connection with a merger, acquisition or sale of the relevant business or assets if the successor assumes the applicable obligations.
• Events beyond reasonable control. Neither party is responsible under these Terms for a delay caused by an event beyond its reasonable control that it could not reasonably avoid, provided it takes reasonable steps to reduce the effect. This does not excuse accrued payment obligations or non-waivable duties. Project-specific provisions control for services under a Written Agreement.
• Relationship. These Terms do not create a partnership, joint venture, employment or agency relationship.
• Third-party rights. Except for the parties protected under sections 14 and 15 to the extent those sections apply, these Terms do not grant enforcement rights to third parties.
• Notices. We may provide general site notices on the site and individual notices using your supplied contact details. Legal process and notices requiring a particular method must follow applicable law or the governing agreement. Contact us as set out in section 21.
• Interpretation. Headings and summaries help navigation; the detailed provisions control if they differ. "Including" is not limiting. The English version controls unless mandatory law requires otherwise.

20. Changes to these terms

We may update these Terms prospectively. The date at the top identifies the version. For material changes, we will provide reasonable advance notice on the site or to affected clients by email, unless an urgent legal or security reason requires a different approach.

Changes apply only to the extent validly accepted under applicable law. Where express acceptance is required, we will request it. Changes do not alter a signed Written Agreement, accepted Product Terms, previously granted continuing licenses or disputes that arose before the changes took effect unless separately and validly agreed.

21. Contact us

For questions, licensing inquiries or notices, contact ByteAlong LLC at info@bytealong.com.