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Terms and Conditions

Please read these terms and conditions carefully before using our services. By accessing or using our services, you agree to be bound by these terms.

Last updated: December 15, 2023
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Acceptance of Terms

By accessing and using the services provided by ByondX Technologies ("Company," "we," "us," or "our"), you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions, you must not use our services.

Important: By using our services, you represent that you are at least 18 years old or have parental consent to enter into this agreement.

These terms apply to all visitors, users, and others who access or use our services. Your continued use of our services following the posting of any changes to these terms constitutes acceptance of those changes.

Note for Business Users

If you are accessing our services on behalf of a business, you represent that you have the authority to bind that business to these terms.

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Services Description

ByondX Technologies provides a comprehensive range of IT and digital services including but not limited to:

  • AI & Automation Solutions: Custom AI agents, chatbots, and automation systems
  • Web Development: Custom websites, e-commerce solutions, web applications
  • Digital Marketing: SEO, social media management, content strategy
  • Creative Services: Graphic design, video editing, branding
  • Business Solutions: CRM setup, data analytics, marketplace management

We reserve the right to modify, suspend, or discontinue any part of our services at any time without prior notice. We are not liable to you or any third party for any modification, suspension, or discontinuance of our services.

Service Level Agreement (SLA)

Specific service level agreements may apply to certain services. These will be detailed in separate service agreements and will take precedence over these general terms for the specific services covered.

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User Responsibilities

As a user of our services, you agree to:

  1. Provide accurate, current, and complete information during the registration and ordering process
  2. Maintain the confidentiality of your account credentials
  3. Notify us immediately of any unauthorized use of your account
  4. Use our services only for lawful purposes and in accordance with these terms
  5. Not engage in any activity that interferes with or disrupts our services
  6. Not attempt to gain unauthorized access to any part of our services
  7. Not upload or transmit any viruses, malware, or harmful code

Prohibited Activities

You may not use our services to:

  • Violate any applicable laws or regulations
  • Infringe upon the intellectual property rights of others
  • Transmit any material that is defamatory, obscene, or offensive
  • Engage in fraudulent or deceptive practices
  • Distribute spam or unsolicited commercial communications
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Intellectual Property

Our Intellectual Property

All content, features, and functionality of our services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of ByondX Technologies or our licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

The ByondX Technologies name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ByondX Technologies or its affiliates. You must not use such marks without our prior written permission.

Client Content

You retain all rights to any content, materials, or information you provide to us for the purpose of delivering our services. By providing such content, you grant us a limited, non-exclusive license to use, modify, and display such content solely for the purpose of providing the requested services.

Deliverables

Upon full payment for services, we transfer all rights to the final deliverables (excluding any pre-existing intellectual property owned by us) to you. Any third-party components or materials used in deliverables may be subject to their own licensing terms.

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Payments and Fees

Service Fees

Our service fees are outlined in our pricing plans and proposals. All fees are quoted in US dollars unless otherwise specified. We reserve the right to change our prices at any time, but price changes will not affect ongoing projects with signed agreements.

Payment Terms

  • Project-based services: Typically require a 50% deposit before work begins, with the balance due upon completion
  • Recurring services: Billed monthly in advance
  • Hourly services: Billed based on actual hours worked, invoiced weekly or monthly

Late Payments

Late payments may be subject to interest charges of 1.5% per month (18% annually) or the maximum rate allowed by law, whichever is lower. We reserve the right to suspend services for accounts with overdue payments.

Refunds

Refund policies vary by service type and will be specified in individual service agreements. Generally, deposits for custom work are non-refundable once work has commenced.

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Confidentiality

We understand the importance of protecting your confidential information. Both parties agree to:

  1. Keep confidential all non-public information disclosed by the other party
  2. Use such information only for the purpose of providing or receiving services
  3. Not disclose such information to any third party without prior written consent

Confidentiality obligations do not apply to information that:

  • Was already known to the receiving party at the time of disclosure
  • Is or becomes publicly available through no fault of the receiving party
  • Is independently developed by the receiving party
  • Is required to be disclosed by law or court order

We implement industry-standard security measures to protect your data, but cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account information.

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Liability Limitations

Disclaimer of Warranties

Our services are provided "as is" and "as available" without any warranties of any kind, either express or implied. We do not warrant that our services will be uninterrupted, timely, secure, or error-free.

Limitation of Liability

To the maximum extent permitted by law, ByondX Technologies shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use our services
  • Any conduct or content of any third party on our services
  • Any content obtained from our services
  • Unauthorized access, use, or alteration of your transmissions or content

Our total liability for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the applicable service in the 12 months preceding the claim.

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Termination

By You

You may terminate your use of our services at any time by providing written notice. For subscription services, termination will be effective at the end of the current billing cycle.

By Us

We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including but not limited to:

  • Breach of these terms and conditions
  • Non-payment of fees
  • Engaging in prohibited activities
  • At our sole discretion, with or without cause

Effect of Termination

Upon termination, your right to use our services will immediately cease. All provisions of these terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

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Dispute Resolution

Governing Law

These terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Dispute Resolution Process

In the event of any dispute, claim, or controversy arising out of or relating to these terms or the breach, termination, enforcement, interpretation, or validity thereof, the parties agree to resolve the dispute as follows:

  1. Negotiation: The parties shall first attempt to resolve the dispute through good faith negotiation.
  2. Mediation: If negotiation fails, the parties shall attempt to resolve the dispute through mediation with a mutually agreed-upon mediator.
  3. Arbitration: If mediation fails, the dispute shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association.

Any arbitration shall take place in San Francisco, California. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

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Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using our services.

Notification of Changes

We may notify you of changes to these terms by:

  • Posting the new terms on our website
  • Sending an email to the address associated with your account
  • Displaying a notice within our services

It is your responsibility to review these terms periodically for changes. Your continued use of our services following the posting of changes constitutes acceptance of those changes.

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Contact Information

If you have any questions about these Terms and Conditions, please contact us:

  • By email: legal@byondx.com
  • By phone: +1 (555) 123-4567
  • By mail: ByondX Technologies, 123 Innovation Street, New York, NY 10001

We will make every effort to respond to your inquiry within 48 hours during business days.

Need Legal Assistance?

If you have questions about our terms or need clarification on any section, our legal team is here to help.

Contact Legal Department