Terms of Use

Acceptance of Terms

By accessing or using BitByte3.com or any of our services, you agree to be bound by these Terms of Use and any applicable guidelines or rules, which are incorporated herein by reference. If you do not agree to these Terms, you must not use our services.

Privacy

Your privacy is important to us. Our Privacy Policy, which explains how we collect, use, and protect your data, is incorporated into these Terms of Use. Please review it at bitbyte3.com/privacy-policy. We comply with applicable data protection laws, including GDPR and CCPA, where relevant.

Use of the Site and Services

BitByte3 provides a no-code OTT streaming platform, including video on demand (VOD) services, encoding solutions, content management systems, and mobile and TV applications. Your use of these services is subject to the following conditions:

• Compliance: You must comply with all applicable laws and regulations and are solely responsible for the content and communications you transmit through our services.
• Content Ownership: You retain ownership of content you upload but grant BitByte3 a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, distribute, and display such content to provide and promote the services.
• Modifications: BitByte3 reserves the right to modify, suspend, or discontinue any part of the services at any time, with or without notice.
• Intellectual Property: All content on the site, including text, software, graphics, videos, and interactive features, is owned by or licensed to BitByte3 and protected by copyright, trademark, and other intellectual property laws. You may not use our services to infringe on third-party intellectual property rights.

Your Account

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You agree not to share your password with others. Notify us immediately at [email protected] if you suspect unauthorized access. BitByte3 may terminate your account for violations of these Terms, with notice provided as described in the Termination section.

Prohibited Conduct

You agree not to use the Services to:

• Upload or transmit content that is unlawful, harmful, threatening, abusive, defamatory, obscene, or invasive of privacy.
• Impersonate any person or entity or misrepresent your affiliation.
• Interfere with or disrupt the Services or servers, including through hacking or malware.
• Collect or store personal data without consent.
• Reverse engineer, decompile, or attempt to access the source code of the Services.
• Engage in spamming, phishing, or other unauthorized commercial activities.

Intellectual Property

All content and materials on the Services are owned by BitByte3 or its licensors and protected by intellectual property laws. By uploading content, you warrant that you have the necessary rights and grant BitByte3 a license as described in the Use of the Site and Services section. If you believe your work has been infringed, please send a notice to [email protected] with: (i) your signature; (ii) description of the work; (iii) location of infringing material; (iv) your contact details; (v) a good faith belief statement; and (vi) a statement under penalty of perjury.

Billing and Payments

If you subscribe to a paid plan, you agree to pay the fees specified in the plan description. Payments are processed through our designated payment processor, and you authorize recurring charges. Late payments may result in account suspension or termination. You are responsible for applicable taxes. Refunds are subject to our refund policy, available upon request.

Termination

BitByte3 may terminate your account for violations of these Terms, non-payment, or other reasons, with 30 days’ notice via email, except in cases of severe violations requiring immediate action. You may terminate your account by contacting [email protected]. Upon termination, your access to the Services will cease, and you must delete any BitByte3 content in your possession.

Data Protection and Security

BitByte3 employs industry-standard security measures, including encryption, to protect your data. For details, see our Privacy Policy at bitbyte3.com/privacy-policy. You are responsible for ensuring your content complies with data protection laws.

Third-Party Services

The Services may integrate with third-party services (e.g., payment processors, content delivery networks). BitByte3 is not responsible for the performance or terms of third-party services, which are governed by their respective providers’ terms.

Disclaimer of Warranties

Our services are provided "as is" and "as available" without warranties of any kind, express or implied. BitByte3 does not guarantee that the services will be uninterrupted, error-free, or free from defects, nor that they will meet your specific requirements, including encoding quality or app compatibility.

Limitation of Liability

To the fullest extent permitted by law, BitByte3 shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, data, or goodwill, arising from your use or inability to use our services.

Indemnity

You agree to indemnify and hold BitByte3, its affiliates, and their respective officers, directors, and employees harmless from any claims, damages, or expenses, including reasonable attorneys’ fees, arising from your use of the Services, your content, or your violation of these Terms or third-party rights.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Wilmington, Delaware, and you consent to the personal jurisdiction of such courts.

Changes to the Terms

BitByte3 may update these Terms of Use at its discretion. We will notify you of significant changes by posting the updated Terms on our website or via email. Your continued use of our services after such changes constitutes your acceptance of the revised Terms.

Contact Information

For questions or concerns regarding these Terms of Use, please contact us at [email protected]. We aim to respond within 10 business days.