Terms Of Service
By accessing and using Jacbyte’s website, software, and services, you agree to comply with these Terms of Service.
Our goal is to provide secure, reliable, and high-performance solutions that empower your business — while maintaining transparency and trust in every interaction.
Last updated: 02/04/2025
These Terms and Conditions (“Agreement”) govern the use of the software applications, mobile applications, services, and related documentation (collectively, the “Services”) provided by JACBYTE (“JACBYTE,” “we,” “us,” or “our”). By installing, accessing, or using our Services, you (“you,” “your,” or “Customer”) agree to the terms of this Agreement.
If you do not agree, you must not use the Services.
1. License Grant
1.1 Grant of License. JACBYTE grants you a limited, non-exclusive, non-transferable license to install, access, and use the Services solely for your internal business purposes and only as described in the relevant product documentation.
1.2 Scope of License. The Services are licensed, not sold. You receive no rights other than those expressly granted under this Agreement.
2. Restrictions
2.1 You may not:
Copy, modify, or create derivative works of the Services.
Reverse engineer, decompile, or disassemble the Services except to the limited extent required by law.
Rent, lease, lend, sublicense, or provide the Services to third parties.
Use the Services for unlawful purposes or in a way that violates applicable regulations.
2.2 Usage Limits. The license is limited to the number of users, devices, or installations purchased under your subscription or license.
3. Ownership
The Services, documentation, and all associated intellectual property rights are and remain the exclusive property of JACBYTE and its licensors. This Agreement does not convey any ownership rights to you.
4. Subscription, Fees, and Payment
4.1 Fees. You agree to pay all applicable subscription, license, and service fees in accordance with JACBYTE’s then-current price lists or order forms.
4.2 Payment Terms. Fees are due upon invoice or at the start of the subscription period. All payments are non-refundable unless otherwise stated in writing.
4.3 Taxes. Fees are exclusive of applicable taxes (sales tax, VAT, GST, etc.), which are your responsibility.
4.4 Renewal. Subscriptions automatically renew unless canceled prior to the end of the current term.
5. Free Trial and Evaluation Licenses
If JACBYTE provides you with a free trial or evaluation version, it may only be used for testing or evaluation, not for production or commercial purposes. Trial access automatically ends on the date specified by JACBYTE, unless converted to a paid subscription.
6. Term and Termination
6.1 Term. This Agreement begins upon your first use of the Services and continues until terminated.
6.2 Termination by You. You may cancel your subscription by providing written notice or using our online cancellation process.
6.3 Termination by JACBYTE. JACBYTE may suspend or terminate your license immediately if you fail to pay fees, violate these Terms, or misuse the Services.
6.4 Effect of Termination. Upon termination, your license ends, and you must cease using the Services and destroy all copies in your possession. Certain provisions (e.g., confidentiality, limitation of liability, indemnification) survive termination.
7. Updates and Maintenance
JACBYTE may provide updates, patches, or new releases. Such updates are considered part of the Services and subject to this Agreement unless accompanied by new terms.
8. Confidentiality
Each party agrees to protect the confidentiality of the other’s non-public, proprietary information (“Confidential Information”). Neither party will disclose such information except to employees or contractors with a need to know, and only for purposes of fulfilling obligations under this Agreement.
9. Data and Privacy
9.1 Customer Data. You retain all rights to data you input into the Services.
9.2 Data Use. By using the Services, you grant JACBYTE a limited right to process and store your data as necessary to provide the Services.
9.3 Privacy Policy. Your use of the Services is also governed by JACBYTE’s Privacy Policy, incorporated by reference into this Agreement.
10. Warranties and Disclaimers
10.1 Limited Warranty. JACBYTE warrants that the Services will perform substantially as described in its documentation for 30 days after initial delivery or access.
10.2 Disclaimer. Except as expressly provided, the Services are provided “AS IS” without warranties of any kind, whether express, implied, statutory, or otherwise. JACBYTE disclaims all implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
11. Limitation of Liability
11.1 To the maximum extent permitted by law, JACBYTE’s total liability arising out of or related to this Agreement shall not exceed the amount you paid JACBYTE in the 12 months immediately preceding the claim.
11.2 In no event shall JACBYTE be liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, data loss, or business interruption.
12. Indemnification
You agree to indemnify, defend, and hold harmless JACBYTE, its affiliates, officers, employees, and contractors from any claims, damages, or expenses arising out of your use of the Services or breach of this Agreement.
13. Export Compliance
You must comply with all applicable export control and trade regulations when using the Services. You may not export or use the Services in violation of applicable laws.
14. Governing Law and Dispute Resolution
14.1 Governing Law. This Agreement shall be governed by the laws of Florida, United States, excluding conflict of laws principles.
14.2 Jurisdiction. Any disputes will be resolved in the courts located in Florida, United States, unless otherwise required by law.
15. Notices
All legal notices must be sent in writing to JACBYTE at the address provided below or by email to the designated contact.
16. General Provisions
16.1 Entire Agreement. This Agreement constitutes the full agreement between you and JACBYTE.
16.2 Severability. If any provision is found unenforceable, the remainder will continue in effect.
16.3 Waiver. Failure to enforce any provision does not waive the right to enforce it later.
16.4 Assignment. You may not assign this Agreement without JACBYTE’s prior written consent. JACBYTE may assign this Agreement to an affiliate or successor.
17. Contact Information
For questions about this Agreement, please contact:
JACBYTE
Email: info@jacbyte.com
Phone: 1-833-726-3997
Address: 1301 SW 37th Ave, Unit 104, Ocala FL 34474
