Terms of Service

1. Agreement

By accessing or using deembyte.com (the "Site") or engaging Deembyte for software development services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not access the Site or use our services.

"Deembyte," "we," "us," and "our" refer to Deembyte LLC, a limited liability company registered in the State of Wyoming, operating deembyte.com. "You" refers to any individual or entity accessing the Site or engaging our services.

2. Eligibility

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to use the Site or engage our services. By using the Site, you represent that you meet this requirement. If you are using the Site on behalf of a business or organisation, you represent that you have the authority to bind that entity to these Terms.

3. Description of services

Deembyte provides custom software development services across multiple engineering disciplines, including web and mobile development, AI and machine learning, cloud and DevOps, cybersecurity, data engineering, and others as described on the Site.

Deembyte also sells software products through the Site. At the time of writing this is Deembyte Image Tools, a desktop application for compressing and converting images. Purchases and the licence to use the software are governed by Section 4.

The Site also provides an AI-powered chat assistant to help visitors learn about Deembyte's services and submit project inquiries. The chat assistant is an informational tool only, not a professional advisory service, and its outputs do not constitute professional, technical, legal, financial, or medical advice of any kind.

The specific scope, deliverables, timeline, and price of any client engagement are defined in a separate written agreement executed between Deembyte and the client before work begins. These Terms govern your use of the Site and, where no separate written agreement exists, your relationship with Deembyte.

4. Software products and the store

This section applies when you buy a software product from Deembyte through the Site. It applies in addition to the rest of these Terms and, for a purchase, takes priority over them where they differ.

Purchase and price

The price is shown in US dollars on the product page and again at checkout, before you pay. Payment is taken in full at checkout by Stripe on its own hosted page. A purchase is a one-time payment for the licence in this section. There is no subscription and no recurring charge.

Delivery

Once your payment is confirmed, your download links appear on a confirmation page and we email a confirmation to the address you gave at checkout. Each download link can be used up to 20 times per purchase, so that you can reinstall if you need to. The links are for you. Do not share them.

Licence

When you have paid, Deembyte grants you a non-exclusive, non-transferable licence to install and use the software you bought, on any computer that you own or control, for personal or commercial use, for as long as you wish. One licence covers one buyer, whether an individual or a company, and the computers that buyer owns or controls. Others need their own licence.

What you may not do

• Copy, sell, resell, rent, lend, sublicense or otherwise distribute the software or your download links.
• Modify the software, or reverse engineer, decompile or disassemble it, except to the extent the law allows despite this restriction.
• Remove or change any copyright or ownership notice in the software.

Ownership

The software is licensed to you, not sold. Deembyte keeps all rights in it. The transfer of rights described in Section 9 applies to custom project work only, and not to products bought through the store.

Updates and support

We may release bug-fix updates for the version you bought at no charge. We are not required to add features, release new versions, or support every operating system, and a future major version may be sold separately. If you need help with your purchase, email [email protected].

Refunds and your right to cancel

You may ask for a full refund within 30 days of your purchase, as set out in the Refund Policy. If you are a consumer in the European Union or the United Kingdom, you also have a legal right to cancel within 14 days. At checkout you ask for your download to start immediately and acknowledge that this ends that legal right. The 30-day refund is separate and still applies. Nothing in these Terms limits rights that the law gives you and that cannot be excluded.

5. AI chat assistant

The Site includes an AI-powered chat assistant ("Chat") that can answer questions about Deembyte's services and route project inquiries to our engineering team. By using Chat, you acknowledge and agree that:

• Chat responses are generated by an automated AI system and may be inaccurate, incomplete, or unsuitable for your specific circumstances. Responses should not be relied upon as a substitute for professional advice.
• Your conversation messages are processed and stored to enable the conversation and, where you provide them, to route your contact details to our team.
• Messages you send are processed by a third-party AI service provider under appropriate data processing arrangements. Do not share sensitive personal information, passwords, financial details, health information, or confidential third-party data through Chat.
• Using Chat does not create a client relationship, a professional services engagement, or any contractual obligation on either party.
• We reserve the right to limit, suspend, or discontinue Chat at any time without notice.

6. User responsibilities

When using the Site or communicating with us through any channel, you agree to:

• Provide accurate, current, and complete information when submitting inquiries.
• Use the Site only for lawful purposes and in compliance with applicable law.
• Not misrepresent your identity, authority, or the nature of any project you describe to us.

7. Prohibited conduct

You may not:

• Use the Site in any way that violates applicable local, national, or international law.
• Attempt to gain unauthorised access to any part of the Site, its infrastructure, or systems connected to it.
• Scrape, copy, reproduce, or republish any content from the Site without our prior written permission.
• Use the Chat or contact form to submit spam, automated queries, malicious content, or content designed to manipulate, deceive, or probe AI systems.
• Attempt to circumvent any rate limits, access controls, or technical restrictions on the Site.
• Upload or transmit any content that infringes the intellectual property rights of any third party.
• Use the Site in a manner that could damage, disable, overburden, or impair its operation or interfere with other users.

8. User content

When you submit a message through the contact form or Chat, you grant Deembyte a non-exclusive, royalty-free licence to use, store, and process that content solely for the purpose of responding to your inquiry and delivering the services you request. We do not claim ownership of content you submit.

You represent that any content you submit does not infringe the rights of any third party and is not unlawful, defamatory, or harmful. We reserve the right to decline to respond to or retain any submission at our discretion.

9. Intellectual property

This paragraph applies to custom project work. Software products bought through the store are licensed, not sold, as set out in Section 4. Upon receipt of full payment for a project, all intellectual property rights in the work product created specifically for that project transfer to the client, as set out in the written engagement agreement. Deembyte retains rights to general methodologies, frameworks, tools, and pre-existing materials that are incorporated into the deliverable, and grants the client a perpetual, royalty-free licence to use those components as part of the delivered work.

All content on deembyte.com, including text, design, graphics, logos, and code, is the property of Deembyte and may not be reproduced, distributed, or used without our prior written permission.

10. Confidentiality

Deembyte treats all client information shared in the context of a project engagement as confidential by default. Upon request, Deembyte will execute a mutual non-disclosure agreement (NDA) before any sensitive information is shared. Information shared prior to an NDA being in place will be handled with reasonable care but is not subject to contractual confidentiality obligations unless an NDA is subsequently executed.

11. Payment

Payment terms are set out in the written agreement for each engagement. Fixed-price projects require payment as agreed before or upon delivery of the agreed deliverables. Deembyte reserves the right to pause or suspend work if agreed payment milestones are not met. Disputed invoices must be raised in writing within fourteen days of receipt. Purchases from the store are paid in full at checkout, through Stripe, as described in Section 4.

12. Refunds and cancellation

Refunds are handled per milestone: any milestone not yet started is refunded in full, and a milestone that's already in progress or delivered is non-refundable. Purchases of software products can be refunded in full within 30 days. Full details, including how to request a refund, are set out in our Refund Policy.

13. Third-party services

The Site may integrate or interact with third-party services, including the AI service provider that powers Chat and Stripe, which processes payments for the store. These third parties operate under their own terms and privacy policies. Deembyte is not responsible for the practices, content, or availability of any third-party service. Links to third-party websites are provided for convenience only and do not constitute an endorsement.

14. Disclaimers

The Site and its contents are provided on an "as is" and "as available" basis. Deembyte makes no representations or warranties of any kind, express or implied, regarding the Site or its content, including but not limited to warranties of accuracy, fitness for a particular purpose, or non-infringement.

Deembyte warrants that professional services will be performed with reasonable skill and care. Deembyte does not warrant that software deliverables will be free of all defects or will meet requirements not set out in the written agreement.

Software products bought through the store are provided "as is". To the extent the law allows, Deembyte does not warrant that they will be error-free, will suit your particular purpose, or will not lose or damage files. Keep backups of anything important before you process it. This does not limit any warranty that the law does not allow to be excluded.

AI-generated responses through Chat may be inaccurate, incomplete, or outdated. You should not rely on Chat responses for professional, technical, legal, financial, or any other regulated advice.

15. Limitation of liability

To the fullest extent permitted by applicable law, Deembyte shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site, Chat, or our services, including but not limited to loss of profits, loss of data, or business interruption.

For professional services engagements, Deembyte's total aggregate liability for any claim arising from or related to a project is limited to the fees paid by the client for that specific project. For a software product bought through the store, Deembyte's total aggregate liability is limited to the price you paid for it. Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

16. Indemnification

You agree to indemnify, defend, and hold harmless Deembyte and its personnel from any claims, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Site or Chat in violation of these Terms; (b) content you submit that infringes the rights of any third party; or (c) your breach of any applicable law.

17. Service availability

We do not guarantee that the Site or Chat will be available at all times, uninterrupted, or error-free. We reserve the right to suspend, modify, or discontinue any part of the Site or Chat at any time, with or without notice, and without liability.

18. Termination

We reserve the right to restrict or terminate your access to the Site at our discretion, without notice, if we reasonably believe you have violated these Terms or applicable law. Your licence to a software product ends if you breach Section 4, for example by sharing or reselling it. Provisions of these Terms that by their nature should survive termination, including refunds and cancellation, intellectual property, disclaimers, limitation of liability, and indemnification, will continue to apply.

19. Governing law

These Terms and any dispute or claim arising from them are governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflict of law principles. Both parties submit to the exclusive jurisdiction of the state and federal courts located in Sheridan County, Wyoming, without prejudice to any mandatory consumer protection rights you may have under the law of your country of residence.

20. Changes to these terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top of this page. Your continued use of the Site or engagement of our services after changes take effect constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

21. Contact

Questions about these Terms should be directed to: [email protected]