Terms of Service

Contents

• 1. Contracting Party and Acceptance
• 2. Definitions
• 3. Services and Scope
• 4. Accounts and Security
• 5. Acceptable Use
• 6. Commercial Terms
• 7. Data Protection and Privacy
• 8. Intellectual Property
• 9. Confidentiality
• 10. Warranties and Disclaimers
• 11. Limitation of Liability
• 12. Term, Suspension, and Termination
• 13. Governing Law and Jurisdiction
• 14. General Provisions

1. Contracting Party and Acceptance

These Terms are entered into between you (or your organization) and HumanByte, Lothringerstrasse 162, 4056 Basel, Switzerland. By accessing or using the service, you agree to be bound by these Terms.

If you accept these Terms on behalf of an organization, you represent that you have authority to bind that organization.

2. Definitions

• Service: ByteGate and the ByteKey Cloud Platform and related features.
• Customer Data: data submitted to or generated through the service by or for a customer.
• Authorized User: person authorized by customer to access the service.
• Documentation: technical and operational guidance provided by HumanByte for the service.

3. Services and Scope

ByteGate is an access-control ecosystem combining cloud dashboard operations with edge device interaction. Features include monitoring, access-event visibility, policy administration, and device management.

Service functionality may evolve. HumanByte may modify features to improve security, compliance, or operational reliability, provided core contracted functionality remains materially available.

4. Accounts and Security

• Customer is responsible for account setup accuracy and role assignment.
• Authorized Users must keep credentials confidential and secure.
• Customer must promptly notify HumanByte of suspected unauthorized access or misuse.

5. Acceptable Use

• No unauthorized access, reverse engineering, disruption, or security testing without consent.
• No unlawful use, including use that violates access-control, labor, or privacy laws.
• No abusive behavior that threatens service integrity or availability for other customers.

6. Commercial Terms

Fees, invoicing, payment terms, taxes, and commercial commitments are defined in the applicable order form or master services agreement. Unless otherwise agreed in writing, fees are non-refundable to the extent permitted by law.

7. Data Protection and Privacy

HumanByte processes personal data in accordance with applicable Swiss and EU privacy laws and the Privacy Policy. Where required, data-processing terms are governed by contract documentation between HumanByte and customer.

8. Intellectual Property

HumanByte and its licensors retain all rights, title, and interest in the service, software, and related materials. Customer receives a limited, non-exclusive, non-transferable right to use the service during the applicable term and solely for internal business operations.

9. Confidentiality

Each party must protect confidential information of the other party using reasonable safeguards and may use such information only to perform rights and obligations under the service relationship.

10. Warranties and Disclaimers

HumanByte provides the service with commercially reasonable care. Except as expressly stated in binding contract documents, the service is provided on an "as is" and "as available" basis, and all implied warranties are disclaimed to the extent permitted by law.

11. Limitation of Liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, goodwill, or data.

Aggregate liability under these Terms is limited to amounts paid or payable for the service in the twelve months preceding the event giving rise to the claim, except for liability that cannot be limited under applicable law.

12. Term, Suspension, and Termination

These Terms apply while customer uses the service. HumanByte may suspend access where necessary to address security risk, legal non-compliance, or material breach.

Upon termination, service access ends and customer data handling follows contractual obligations and applicable law, including reasonable export and deletion processes.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of Switzerland, excluding conflict-of-law rules. Courts in Basel, Switzerland have exclusive jurisdiction, unless mandatory law provides otherwise.

14. General Provisions

• HumanByte may update these Terms for legal, technical, or operational reasons.
• If a provision is unenforceable, remaining provisions remain in effect.
• Failure to enforce a provision is not a waiver of that provision.
• These Terms supplement applicable order forms and written commercial agreements.

These Terms are intended as a serious operational baseline and should be read together with applicable project, commercial, and data-processing agreements.