Agreement between User and www.bytient.com
Welcome to www.bytient.com. The www.bytient.com website (the “Site”) is comprised of various web pages operated by Bytient Technologies Inc. (“Bytient”). www.bytient.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.bytient.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.bytient.com is a Software Site. Bytient is a B2B Data Platform that provides access to a variety of data sets for commercial use.
Visiting www.bytient.com or sending emails to Bytient constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Bytient is not responsible for third party access to your account that results from theft or misappropriation of your account. Bytient and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
You may be and hereby are granted a license to use the Service and Output Data for (and solely for) your personal and/or your internal business purposes only, subject to the prohibitions and restrictions herein, and a license to store, print or make a copy of Output Data we provide to you solely for your personal or internal business purposes. You may not resell, distribute, or create derivative works from the Service or the Output Data. You may not develop any service, product, toolset, dataset or derivative work from the Output Data or the Service, whether in aggregated or non-aggregated form, and whether in identified or de-identified form.
Paid Subscription Account
We offer our services on a “self-serve” basis, in which case you will have the opportunity to click through these Terms and select the aspects of the Service you want to purchase, including an amount of credits that can be used for data. When you purchase credits, they have an expiration date, which is generally the end of your billing cycle – for most accounts, the end of the month. Do not purchase credits if you are not able to use them during your billing cycle as you will not get a refund.
You agree to pay to us the applicable fees (the “Fees”) set forth in an Order Form (whether agreed to on paper or digitally) signed or otherwise agreed to by you and by us, based on the timetable set forth in the Order Form. We may increase or otherwise change the Fees at the end of any given calendar year or at the end of any Term set forth in an Order Form, in our sole discretion, by providing you with written notice (which may be by email or another conspicuous method).
If we send you invoices, they must be paid in full no later than thirty (30) days from the date on which they are received. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection (including reasonable attorneys fees) that we may incur. We reserve the right to terminate service immediately where bills are more than sixty (60) days in arrears. You are responsible for all taxes associated with the Service other than taxes based on our net income. You must raise any disputes regarding Fees within 14 days from receipt of the (first) applicable invoice. Any disputes not waived within that time period shall be deemed waived.
Bytient charges one (1) credit for each data point lookup. Please always refer to our tooltips and to your account overview to see where you spend what amount of credits. We reserve the right to change the pricing of credits and the value of each credit within the system at any point without any warning.
What We Own and Use of Data
Bytient retains all rights, title and interest in the services, including without limitation patents, copytights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated with our services. No aspects of our business may be copied, reverse engineered or imitated without written permission. These Terms do not grat you any ownership right, title or interest in any aspect of the business. Therefore you may not use any data within our platform to create derivative work, service, or product and you may not resell or re-license the data.
You agree not to use the service or any data to: (1) violate any applicable laws (whether federal, state, or international to the U.S.), (2) violate any laws that sets the rules for commercial email, mail or other uses of our data, (3) use the data to advertise or promote any goods or servies that are illegal in the place offered, (4) use or advertise adult service, tobacco porducts, illegal gambling, counterfeit goods
Children Under Thirteen
Bytient does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.bytient.com only with permission of a parent or guardian.
You may cancel your subscription at any time. We do not offer any refunds.
You agree to additional restrictions on the use of the service. You may not allow any other person to use your account or share your password with any other person, transmit any fake information to our systems, impersonate others, access the system in an automated manner, or extract data from our service that is not explicitly intended by our developers. You may not reverse engineer, decompile or disassemble any part of the system. We also reserve the right to cancel your subscription at any point in time without any specific reason. We will monitor our services for any infraction of these terms and may seek civil, criminal, or injunctive relief, at Bytient’s sole discretion and without obligation, to enforce these terms and the law.
Links to Third Party Sites/Third Party Services
www.bytient.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Bytient and Bytient is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Bytient is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bytient of the site or any association with its operators.
Certain services made available via www.bytient.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.bytient.com domain, you hereby acknowledge and consent that Bytient may share such information and data with any third party with whom Bytient has a contractual relationship to provide the requested product, service or functionality on behalf of www.bytient.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Bytient or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Bytient content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Bytient and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Bytient or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Bytient account to third party accounts. By connecting your Bytient account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Bytient from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Bytient Content accessed through www.bytient.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Bytient, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Bytient reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Bytient in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Bytient agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BYTIENT TECHNOLOGIES INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BYTIENT TECHNOLOGIES INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BYTIENT TECHNOLOGIES INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Bytient reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bytient as a result of this agreement or use of the Site. Bytient’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Bytient’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Bytient with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Bytient with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Bytient with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Bytient reserves the right, in its sole discretion, to change the Terms under which www.bytient.com is offered. The most current version of the Terms will supersede all previous versions. Bytient encourages you to periodically review the Terms to stay informed of our updates.
Bytient welcomes your questions or comments regarding the Terms:
Bytient Technologies Inc., 7157 Narcoossee Road #1294, Orlando, Florida 32822
Email Address: [email protected]
Effective as of March 01, 2023