Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the services provided by Binary Byte, a UK-registered software engineering agency ("we", "our", or "us"). By accessing our website or using our services, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not use our services. We reserve the right to modify these Terms at any time, and such modifications shall be effective immediately upon posting.

2. Services Description

Binary Byte provides software engineering services, including but not limited to:

• MVP (Minimum Viable Product) development
• Custom web application development
• API development and integration services
• Cloud infrastructure and deployment solutions
• Technical consulting and architecture services

All services are provided subject to separate service agreements or statements of work that specify project scope, deliverables, timelines, and fees.

3. Client Obligations

As a client, you agree to:

• Provide accurate and complete information necessary for project execution
• Respond promptly to requests for feedback, approvals, or information
• Make timely payments as specified in the service agreement
• Respect intellectual property rights and confidentiality obligations
• Use delivered software and services in compliance with applicable laws

4. Fees and Payment

All fees for services are specified in the applicable service agreement or statement of work. Payment terms, including deposit requirements and milestone payments, will be clearly outlined in the project agreement.

Unless otherwise specified, all fees are quoted in GBP (British Pounds) or USD (US Dollars) and are exclusive of applicable taxes. Late payments may incur interest charges at a rate of 1.5% per month.

5. Intellectual Property Rights

5.1 Client Work

Upon full payment of all fees, ownership of custom-developed software and deliverables will transfer to the client as specified in the service agreement. Source code, documentation, and related materials will be delivered upon project completion and final payment.

5.2 Our Proprietary Materials

Binary Byte retains all rights to our proprietary tools, frameworks, methodologies, and pre-existing code libraries. We grant clients a license to use such materials solely in connection with the delivered project.

5.3 Third-Party Components

Projects may incorporate third-party open-source software or licensed components. Use of such components is subject to their respective licenses, which will be disclosed in project documentation.

6. Confidentiality

Both parties agree to maintain the confidentiality of all proprietary and confidential information shared during the course of the engagement. This obligation survives termination of the service agreement.

Binary Byte operates under strict Non-Disclosure Agreements (NDAs) and will not disclose client information, project details, or proprietary data to third parties without explicit consent, except as required by law.

7. Warranties and Disclaimers

7.1 Service Warranties

We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards. We will correct any defects in deliverables that are reported within 90 days of delivery, provided such defects are due to our error.

7.2 Disclaimers

EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BINARY BYTE'S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited under applicable UK law.

9. Termination

Either party may terminate a service agreement in accordance with the terms specified therein. Upon termination:

• All outstanding fees for work completed shall become immediately due
• We will deliver work-in-progress and completed deliverables
• Confidentiality obligations shall continue to apply
• Each party shall return or destroy the other's confidential information

10. Indemnification

You agree to indemnify, defend, and hold harmless Binary Byte, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or relating to:

• Your use of our services in violation of these Terms
• Your infringement of any intellectual property or other rights
• Your violation of any applicable laws or regulations

11. Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or relating to these Terms or our services shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Before initiating formal legal proceedings, both parties agree to attempt to resolve disputes through good faith negotiation for a period of 30 days.

12. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor strikes, or government actions.

13. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely approximates the intent of the original provision.

14. Entire Agreement

These Terms, together with any applicable service agreements or statements of work, constitute the entire agreement between you and Binary Byte regarding the subject matter herein and supersede all prior agreements and understandings.

15. Contact Information

If you have questions about these Terms of Service, please contact us: