Terms of Service

1. Which entity contracts with you

In these Terms, the entity identified by this table is the Contracting Entity. The two entities do not jointly contract under these Terms.

2. Agreement and scope of services

These Terms apply when they are incorporated into or presented with a proposal, statement of work, engagement agreement, order, invoice, subscription, or other service agreement with the Contracting Entity. They do not create a service engagement merely because someone visits this website.

The specific services, deliverables, milestones, fees, schedule, customer responsibilities, and acceptance requirements are those stated in the applicable signed agreement or order. If a signed agreement conflicts with these Terms, the signed agreement controls for that engagement.

3. Products governed by separate terms

Use of or purchases from those products are subject only to the separate terms for the relevant product. Nothing in these Terms changes or replaces those separate terms.

4. Payment terms

Project and professional services

Project fees, invoice timing, and payment milestones are stated in the applicable proposal, statement of work, engagement agreement, or invoice. The customer must pay each invoice according to the schedule stated in that document. Cancellation and amounts payable for completed work are governed by the applicable signed agreement and the Refund & Cancellation Policy.

SaaS subscriptions

The subscription price and billing period are stated when the customer orders the applicable SaaS service. A subscription may be cancelled at any time. Access continues until the end of the current billing period; partial billing periods are not refunded, and cancellation does not refund periods already elapsed. The Refund & Cancellation Policy provides the cancellation process.

5. Intellectual property and licences

Each party retains ownership of the materials, software, documentation, data, methods, branding, and other intellectual property it owned or developed independently of the engagement.

The customer grants the Contracting Entity a limited permission to use materials the customer supplies only as reasonably necessary to perform the agreed services. The customer is responsible for having the rights needed to provide those materials.

Ownership and permitted use of bespoke project deliverables are determined by the applicable signed agreement. No transfer of intellectual property ownership is implied where that agreement does not expressly provide one.

For a SaaS service governed by these Terms, the Contracting Entity grants the customer a limited, non-exclusive, non-transferable right to access and use that service during the paid subscription period for the purposes stated in the applicable order. The Contracting Entity and its licensors retain all other rights in the service, including its software, design, documentation, methods, and reusable components.

6. Warranties and disclaimers

The Contracting Entity will perform the services with reasonable care and skill and in material accordance with the applicable signed agreement.

Except for express commitments in that agreement and rights that cannot lawfully be excluded, the services are provided without additional express or implied warranties. The Contracting Entity does not warrant that a SaaS service will be uninterrupted or error-free, or that any service will produce a particular commercial or operational result.

7. Limitation of liability

To the fullest extent permitted by applicable law, the Contracting Entity will not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages, or for loss of profit, revenue, goodwill, business opportunity, or data, arising from or relating to the services.

To the fullest extent permitted by applicable law, the Contracting Entity's total aggregate liability arising from or relating to the affected services will not exceed the fees paid or payable for those services during the twelve months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

8. Termination

Either party may terminate a project or professional-services engagement as permitted by the applicable signed agreement. The Contracting Entity may suspend or terminate services for a material breach, including non-payment or unlawful use, subject to any notice or cure period required by that agreement or applicable law.

A customer may cancel a SaaS subscription at any time in accordance with the Refund & Cancellation Policy. Cancellation takes effect at the end of the current billing period.

Termination does not affect rights or payment obligations that accrued before termination. Provisions concerning payment, intellectual property, disclaimers, limitation of liability, and governing law continue to apply where their nature requires them to survive.

9. Governing law and venue

Contracts with ByteCraft Technologies LLC

These Terms and the applicable services are governed by the laws of the State of Wyoming, United States, without regard to conflict-of-laws principles. Proceedings must be brought in a court of competent jurisdiction in Wyoming.

Contracts with ByteCraft Solutions Ltd

These Terms and the applicable services are governed by the laws of the Republic of Trinidad and Tobago, without regard to conflict-of-laws principles. Proceedings must be brought in a court of competent jurisdiction in Trinidad and Tobago.

10. Contact

Questions about these Terms may be sent to enquiries@bytecraftsolutions.org. Contact details for both entities are available on the Contact page.