Bytescale Terms of Service

Welcome to Bytescale

Subject to these Terms of Service (this "Agreement"), Bytescale Ltd ("Bytescale", "we", "us" and/or "our") provides access to Bytescale's cloud platform as a service, including, without limitation, Bytescale's CDN, APIs, SDKs, website, and web applications (collectively, the "Services"). By using or accessing the Services, you acknowledge that you have read, understand, and agree to be bound by this Agreement.

If you are entering into this Agreement on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the term "you" shall refer to such entity. If you do not have such authority, or if you do not agree with this Agreement, you must not accept this Agreement and may not use the Services.

IMPORTANT: THIS AGREEMENT IS SUBJECT TO MANDATORY BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 12. PLEASE READ THIS AGREEMENT CAREFULLY.

Bytescale may modify these Terms of Service from time to time, and will post a notice about such changes to the Terms of Service on Bytescale’s website, and may send you a notice by email before the changes take effect. You may write to Bytescale to reject the amended Terms of Service if the amendments adversely affect you, and if Bytescale does not agree to make an exemption for you, will terminate your account (see "Account Termination"). By continuing to use the Services after the new changes have taken effect, you indicate your agreement to the amended Terms of Service.

1. Using our services

You, others who share access to your Bytescale account, and the users of your application may upload, store, generate and/or host content (“User Content“) using the Services, subject to this Agreement.

You are fully responsible for all User Content and activity that occurs under your account.

Bytescale may, but is not obligated to, review User Content and remove or block access to files that violate this Agreement.

You may not use, or encourage, or facilitate or instruct others to use the Services for any of the following:

• Activities that are illegal or violate the rights of others, or that may be harmful to others, Bytescale's operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent services, goods, schemes or promotions.
• Uploading, generating or making available content that infringes or misappropriates the intellectual property rights of others.
• Uploading, generating or making available content that is defamatory, obscene, blasphemous, abusive, invasive of privacy or objectionable, including content that constitutes or depicts child pornography, bestiality or non-consensual sexual acts.
• Uploading, generating or making available content that may damage, interfere with, intercept or expropriate any system, program or data, including viruses, Trojan horses, worms, or other malware.

In addition:

• You must be at least 18 years old to use the Services.
• The Services are intended for use by businesses and organizations and not for consumers. To the maximum extent permitted by law, you agree that consumer laws do not apply.
• Accounts registered by bots or other automated methods are not allowed.
• You must use reasonable security precautions with regard to your use of the Services, such as establishing secure passwords, keeping passwords confidential, and using reasonable efforts to protect your systems and data from malware. You must immediately notify Bytescale of any potential misuse, actual misuse or unauthorized use of your account.
• You are solely responsible for properly configuring and using the Services and otherwise taking appropriate action to secure, protect, and backup your accounts and/or User Content in a manner that will provide appropriate security and protection.

2. Personal Data that we collect about you

Personal Data is any information that relates to an identified or identifiable individual. The Personal Data that you provide directly to us through our Services will be apparent from the context in which you provide the data. In particular:

• When you register for a Bytescale account we collect your full name, email address, and account log-in credentials.
• When you fill-in our online form to contact our sales team, we collect your full name, work email, country, and anything else you tell us about your project, needs and timeline.

When you respond to Bytescale emails or surveys we collect your email address, name and any other information you choose to include in the body of your email or responses. If you contact us by phone, we will collect the phone number you use to call Bytescale. If you contact us by phone as a Bytescale account holder, we may collect additional information in order to verify your identity.

3. Information that we collect automatically through our Services

We also may collect information about your online activities on websites and connected devices over time and across third-party websites, devices, apps and other online features and services. We use Google Analytics, PostHog, Sentry, Paddle, Mailchimp, and HubSpot in our Services to help us analyze your use of the Services and diagnose technical issues.

To learn more about the cookies that may be served through our Services and how you can control our use of cookies and third-party analytics, please see our Cookie Policy.

4. Service Fees

Bytescale offers free trials and paid plans.

For paid plans, you may pay the fees using one of the payment methods made available through the Service. Fees will be considered paid only after your payment has been confirmed. The Service will be available to you promptly after you have paid the Service fees.

From time to time, Bytescale may change the Service fees. If a fee change applies to the Service you are using, you will be charged the new fee from that point onwards.

Fees are not refundable.

Upon failure to make any payment, Bytescale may reduce the Services provided to you (including, without limitation, disabling downloads, disabling uploads, and disabling file transformations). Following seven (7) days after the first notice of the payment failure has been sent to you, Bytescale may disable or terminate your Bytescale account (see "Account Termination").

Bytescale will not be liable for mistakes made by the payment service providers: any excess payments will be refunded.

5. Account Termination

You have the right to terminate your account at any time by sending a cancellation request to Bytescale via email or by deleting your account via the settings page. We may suspend or terminate your account if we believe you are in violation of this Agreement and we believe an account-wide suspension or termination is the most prudent action to take considering all the factors involved. Bytescale may provide notice prior to account termination and may give you an opportunity to remedy such violations to avoid account termination (for example, if Bytescale believes the violation is accidental or not directly your fault).

Upon account termination: (i) you and your users shall cease use of the Services; (ii) Bytescale will cease providing the Services to you; (iii) you shall pay to Bytescale the full amount of any outstanding fees due; and (iv) Bytescale will delete all User Content that is stored on Bytescale's built-in storage, and will delete all User Content from the Bytescale CDN's cache, at an arbitrary point in time after account termination, pursuant to Bytescale's internal scheduling.

6. Privacy and Copyright Protection

Bytescale's Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Bytescale can use such data in accordance with our Privacy Policy.

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

If you think somebody is violating your copyrights and want to notify us, please contact us.

7. Intellectual Property

You retain ownership of any intellectual property rights that you hold in all User Content.

You consent to Bytescale’s use of your company name and logo and description of your relationship with Bytescale in press releases, on the Bytescale website, and in other marketing materials and appearances. You grant to Bytescale worldwide, a non-exclusive, royalty-free, fully-paid up license to use and reproduce your trademarks, tradenames and logos in Bytescale’s marketing materials and website and to indicate that you are a Bytescale customer. If you wish to decline Bytescale’s use of your name and logo, please contact Bytescale at: support@bytescale.com.

8. Trade Sanctions and Export Control Compliance

You represent and warrant that you are not prohibited from receiving the Services by the laws of any jurisdiction and will comply with all applicable export control laws, regulations, and trade sanctions, including those emitted by the United Nation Security Counsil (UNSC), the US Government, the European Union or its Member States, the UK Government, the Government of Canada, and the Government of Australia. You further represent and warrant that these laws may prohibit us from providing the Services to you without notice.

9. Indemnification

You agree to indemnify, defend and hold harmless Bytescale, its subsidiaries, affiliates, partners, officers, directors, employees, agents, and contractors, licensors, and suppliers from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to: (a) your access to or use of the Services, (b) your access to or use of any content or software available through the Services (c) your User Content, including infringement or misappropriation claims related to your User Content, (d) your breach of this Agreement or any applicable law or regulation, (e) any actual, prospective, completed or terminated service between you and a third party, or (f) your negligence or intentional misconduct. You will reimburse us for reasonable attorneys’ fees and expenses, and will pay the amount of any adverse final judgment or settlement associated with the claims described above.

10. Warranty Disclaimer

The Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, the Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, satisfactory quality, availability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Bytescale will create any warranty not expressly stated herein.

Without limiting the foregoing, Bytescale, its processors, its providers, its licensors (and their respective subsidiaries, affiliates, agents, directors, and employees) do not warrant that (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the Services is free of viruses or other harmful components; (iv) that the content will be secure or not otherwise lost or damaged; (v) that the Services will not harm your computer system; or (vi) the results of using the Services will meet your requirements. Your use of the Services is solely at your own risk. We do not have any obligation to verify the identity of users subscribing to our services, nor do we have any obligation to monitor the use of the Services by users. Therefore, we disclaim all liability for identity theft or any other misuse of your identity or information.

11. Limitation of Liability

Bytescale and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents will not be liable for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever (including without limitation damages for lost profits, revenue, goodwill, use or content) (however arising), even if we had been advised as to the possibility of such damages, resulting from: (a) your use of the Services or inability to use the Services, (b) your access to or inability to access the Services, (c) the conduct or content of other users or third parties on or through the Services, (d) unauthorized access, use, or alteration of User Content, or (e) bugs, errors, viruses, trojan horses, or the like (regardless of the source of origination). In no event will Bytescale or our affiliates’ aggregate liability for all claims relating to the Services exceed the greater of (a) $100.00 USD or (b) the amount you paid Bytescale in the last 3 months for any Services.

These limitations and exclusions in this section (Limitation of Liability) apply to the maximum extent permitted by law even if (A) a remedy does not fully compensate you for any losses or fails of its essential purpose; or (B) we knew or should have known about the possibility of damages.

These Terms of Service set forth the entire liability of Bytescale and its affiliates as well as your exclusive remedy with respect to access and use of the Services.

12. Binding Arbitration and Class Action Waiver

12.1 Binding Arbitration

You and Bytescale agree that any dispute, claim or controversy relating in any way to this Agreement, the Services, your use of the Services, User Content, or to any products or services licensed or distributed by us will be finally settled through binding arbitration under the LCIA Arbitration Rules, which are incorporated by reference into this clause. There will be one arbitrator (to be appointed by the LCIA), the arbitration will take place in London and the arbitration will be conducted in English. If you do not wish to agree to this clause, you must not use the Services.

12.2 Class Action Waiver

You agree that you are waiving the right to trial by jury or to participate in a class action and that you may bring claims against Bytescale only in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Any arbitration or other action will take place on an individual basis; class arbitrations and class actions are not permitted.

12.3 No Opt Out Rights

You do not have the right to opt out of Section 12. Rather, your sole remedy if you do not accept this Agreement is to stop using the Services and to terminate your account.

13. Exclusive Venue

To the extent that this Agreement allows you or Bytescale to initiate litigation in a court, both you and Bytescale agree that all claims and disputes (whether contractual or otherwise) arising out of or relating to this Agreement or the use of the Services will be litigated exclusively in the courts of England in the United Kingdom, unless this is prohibited by the laws of the country where you reside. You and Bytescale consent to the exclusive jurisdiction of those courts.

14. Choice of Law

The laws of England and Wales govern this Agreement and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to this Agreement or its subject matter. The courts in some countries may not apply the laws of England and Wales to some disputes related to this Agreement. If you reside in one of those countries, the laws of your home country may apply to those disputes.

15. Severability

If any provision of this Agreement is found unenforceable, then that provision will be removed from the Agreement and not affect the validity and enforceability of any remaining provisions.