Terms and Conditions

1. Scope of these terms

These Terms and Conditions govern your access to and use of brainbyte.dev, including its pages, forms, content, and other publicly available website features.

By accessing or using the site, you agree to comply with these terms. If you do not agree, discontinue use of the site.

2. Who we are

Brainbyte LLC operates brainbyte.dev. In these terms, “Brainbyte,” “we,” “us,” and “our” refer to Brainbyte LLC. “You” and “your” refer to a visitor, prospective client, client, collaborator, or other person using the site.

3. Brainbyte services

Brainbyte provides selected professional services involving focused software and SaaS product development, prototypes, workflow tools, product video, demos, explainers, editing, motion, animation, 3D, visual effects, product communication, and related creative or technical work.

The availability, scope, timing, and price of any service depend on the specific engagement and are not guaranteed by information displayed on this website.

4. Separate Brainbyte products and initiatives

Brainbyte develops products and initiatives that may include CivicRails, Quaneuron, Akari Earth, and other future projects. Those products or websites may have their own terms, privacy notices, pilot agreements, evaluation agreements, or other requirements.

These website terms do not by themselves grant access to, create a subscription for, or govern authorized use of a separate Brainbyte product, platform, pilot, or private demonstration.

5. Website information is not a binding offer

Descriptions of services, experience, capabilities, engagement formats, pricing approaches, timing, or availability are provided for general information.

A project becomes active only when Brainbyte and the client agree in writing to the applicable scope, deliverables, fees, payment terms, schedule, responsibilities, and other material terms.

6. Project agreements control

Paid project work may be governed by a proposal, statement of work, master services agreement, order form, pilot agreement, evaluation agreement, or another written agreement.

If these website terms conflict with a signed project agreement, the signed project agreement controls for that engagement.

7. Inquiries and preliminary discussions

Submitting a contact form, requesting a conversation, exchanging preliminary information, or receiving an estimate does not require Brainbyte to accept an engagement or reserve production capacity.

Unless otherwise agreed in writing, preliminary estimates, budgets, schedules, recommendations, and scope discussions may change as project requirements become clearer.

8. Client responsibilities

For active project work, the client may be responsible for:

• Providing accurate project information, source materials, access, credentials, product context, and technical details.
• Designating a person authorized to provide direction and approvals.
• Providing consolidated and timely feedback.
• Reviewing drafts, functionality, facts, names, claims, links, interfaces, and final deliverables.
• Confirming that supplied materials may lawfully be used for the project.
• Obtaining internal, legal, regulatory, brand, security, accessibility, or professional approvals when required.
• Paying invoices and approved third-party expenses according to the applicable agreement.

Delays in materials, access, feedback, approvals, or decisions may affect the project schedule and may require revised timing or additional fees.

9. Scope, schedules, and delivery

Project scope, deliverables, milestones, and delivery targets will be described in the applicable written agreement.

Unless expressly identified as a guaranteed deadline in a signed agreement, schedules are good-faith estimates and may depend on client responsiveness, technical requirements, third-party services, feedback cycles, and other circumstances outside Brainbyte’s reasonable control.

10. Revisions and change requests

A project agreement may include a specified number of revision rounds. Revisions generally mean reasonable adjustments to work already included in the approved scope.

New concepts, substantial changes in direction, added deliverables, new functionality, re-recording, re-animation, newly supplied content, additional formats, or work beyond the approved scope may require a written change request, additional fees, and revised timing.

11. Fees, invoices, expenses, and taxes

Fees, deposits, retainers, invoice schedules, reimbursable expenses, and payment due dates are determined by the applicable project agreement.

Brainbyte may pause work, withhold delivery, restrict access to project systems, or revise the schedule when an invoice is overdue, subject to the applicable agreement and law.

The client is responsible for applicable sales, use, value-added, withholding, or similar taxes, excluding taxes imposed on Brainbyte’s net income, unless the project agreement states otherwise.

12. Cancellation, suspension, and inactivity

Cancellation rights, notice requirements, termination fees, and treatment of deposits will be stated in the applicable project agreement.

Unless otherwise agreed, the client remains responsible for work completed, approved expenses, non-cancellable commitments, and other amounts incurred through the effective cancellation date.

Brainbyte may suspend or end an engagement for material nonpayment, unlawful requests, abusive conduct, security risks, repeated failure to provide required input, or another material breach of the applicable agreement.

13. Client materials

The client retains ownership of materials, trademarks, data, footage, documents, designs, software, and other content the client supplies to Brainbyte.

The client grants Brainbyte a limited license to use, reproduce, modify, process, and display those materials only as reasonably necessary to evaluate, plan, perform, manage, or support the requested work.

The client represents that it has the rights and permissions needed for Brainbyte to use the supplied materials as contemplated by the project.

14. Deliverable ownership and intellectual property

Ownership and licensing of project deliverables are determined by the applicable signed project agreement.

Unless that agreement states otherwise, any agreed transfer or exclusive license concerning final client-specific deliverables becomes effective only after Brainbyte has received full payment of all amounts due for the applicable project.

A transfer of final deliverables does not automatically include:

• Brainbyte’s pre-existing materials, tools, templates, systems, code libraries, components, workflows, prompts, processes, methods, know-how, or general techniques.
• Raw footage, unused concepts, drafts, working files, editable project files, source files, development environments, internal documentation, or production archives unless expressly listed as deliverables.
• Third-party fonts, footage, music, software, models, plugins, stock assets, open-source components, or other materials governed by separate licenses.
• Brainbyte brands, products, ventures, product concepts, research initiatives, internal platforms, or business methods.

When Brainbyte materials are incorporated into a paid final deliverable, the client receives the license reasonably necessary to use the deliverable for the purposes described in the project agreement.

15. Third-party materials and services

Project work may involve third-party platforms, hosting, software, fonts, music, footage, models, plugins, APIs, stock assets, payment services, form processors, development tools, or other external resources.

Third-party materials remain subject to their own licenses, pricing, availability, usage limits, attribution requirements, and terms. Unless expressly included in the project agreement, the client is responsible for continuing subscription, hosting, licensing, usage, or renewal fees associated with those services.

Brainbyte is not responsible for changes, outages, restrictions, price increases, discontinuation, or other actions taken by a third-party provider.

16. AI-assisted tools and workflows

Brainbyte may use AI-assisted tools as part of research, organization, scripting, ideation, visual development, editing, software development, testing, documentation, or production workflows.

AI-assisted outputs are subject to human review and may be revised, rejected, or replaced. Brainbyte remains responsible for the work it agrees to deliver, subject to the applicable project agreement.

Use of AI-assisted tools will be managed in accordance with documented confidentiality, security, licensing, and processing requirements established for the project. Clients should communicate any restrictions before confidential, regulated, or highly sensitive information is supplied.

17. Confidentiality

General inquiries, introductory conversations, and contact-form submissions are not automatically governed by a nondisclosure agreement.

Brainbyte will use reasonable care with non-public information shared for an inquiry or project. Formal confidentiality, security, retention, or processing obligations should be established in a written NDA or project agreement before sensitive information is disclosed.

Brainbyte may disclose confidential information when required by law or valid legal process, or to professional advisers and service providers who reasonably need the information and are subject to appropriate obligations.

18. Portfolio and publicity

Unless restricted by a signed agreement, NDA, or written client instruction, Brainbyte may identify a client and display publicly released final work, excerpts, still images, or non-confidential project descriptions in portfolios, reels, case studies, proposals, award submissions, presentations, and related promotional materials.

Brainbyte will not intentionally publish confidential project information, private credentials, unreleased product details, or protected client data.

19. Feedback

Suggestions, comments, or general feedback voluntarily provided about the Brainbyte website, services, or products may be used by Brainbyte without restriction or compensation, provided that Brainbyte does not thereby obtain ownership of the client’s confidential information or pre-existing intellectual property.

20. Website content and permitted use

Brainbyte owns or licenses the website design, text, graphics, logos, code, media, and other content displayed on brainbyte.dev, except where otherwise identified.

You may view and use the site for legitimate informational and business purposes. You may not reproduce, republish, distribute, sell, scrape, frame, impersonate, reverse engineer, or exploit site content except as permitted by law or with written authorization.

21. Prohibited conduct

You agree not to:

• Attempt unauthorized access to the site, systems, forms, accounts, files, or infrastructure.
• Upload or transmit malware, malicious code, automated attacks, spam, or harmful content.
• Interfere with site availability, security, performance, or normal operation.
• Use automated collection tools in a manner that creates unreasonable load or violates applicable law.
• Misrepresent your identity, affiliation, authority, or relationship with Brainbyte or another organization.
• Use the site or Brainbyte materials to violate law, contractual obligations, intellectual-property rights, privacy rights, or other third-party rights.

22. No implied affiliation or endorsement

References to companies, products, clients, software platforms, public agencies, programs, organizations, or third-party services do not imply affiliation, sponsorship, certification, endorsement, or approval unless Brainbyte expressly states otherwise.

23. No professional or outcome guarantee

Website content and preliminary communications are provided for general informational and business-discussion purposes. They do not constitute legal, financial, tax, architectural, engineering, code-compliance, permitting, lending, investment, medical, immigration, or other regulated professional advice.

Brainbyte does not guarantee that website use, a proposal, a video, software, a product, a pilot, or another deliverable will produce a specific commercial, financial, legal, regulatory, fundraising, sales, audience, investment, or market outcome.

24. Website availability and warranty disclaimer

The site is provided on an “as is” and “as available” basis. Brainbyte does not guarantee that the site will always be available, uninterrupted, current, secure, complete, or free of errors.

To the maximum extent permitted by applicable law, Brainbyte disclaims implied warranties concerning the site, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Warranties, acceptance criteria, support obligations, and remedies concerning paid project work will be governed by the applicable signed project agreement.

25. Limitation of liability

To the maximum extent permitted by applicable law, Brainbyte will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from use of the site, including loss of profits, revenue, data, goodwill, opportunity, or business interruption.

Brainbyte’s liability arising from paid project work will be governed by the applicable signed project agreement.

Where no separate signed agreement applies, Brainbyte’s aggregate liability arising from or related to the site will not exceed the greater of the amount you paid specifically for use of the site during the six months preceding the claim or one hundred United States dollars.

Some jurisdictions do not allow certain exclusions or limitations, so portions of this section may not apply to you.

26. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold Brainbyte harmless from third-party claims, damages, liabilities, costs, and reasonable expenses arising from:

• Materials, instructions, data, or content you provide.
• Your unlawful or unauthorized use of the site or deliverables.
• Your violation of these terms, applicable law, or third-party rights.
• Claims that client-supplied materials infringe or violate another person’s rights.

Indemnification obligations concerning paid project work may be further defined or limited by the applicable signed agreement.

27. Third-party links and embedded content

The site may contain links to, or embedded content from, third-party websites, video platforms, tools, services, or other resources.

Brainbyte does not control and is not responsible for third-party content, availability, accessibility, security, privacy practices, licenses, pricing, or terms.

28. Governing terms for disputes

Governing law, venue, dispute-resolution procedures, and related requirements for paid project work will be stated in the applicable signed agreement.

Any site-related dispute not governed by a separate agreement will be handled under applicable law. Before filing a formal claim, the parties are encouraged to provide written notice and make a good-faith effort to resolve the matter directly.

29. Changes to these terms

Brainbyte may update these terms as the website, services, products, or business practices change. The revised version will be posted on this page with an updated effective date.

Changes do not alter the terms of an existing signed project agreement unless the parties agree to that change in writing.

30. General provisions

If any provision of these terms is found unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

A failure to enforce a provision does not waive the right to enforce it later.

You may not assign rights or obligations under these terms without Brainbyte’s written consent. Brainbyte may assign these terms in connection with a merger, reorganization, financing, sale of assets, or transfer of the website or business.

These terms, together with the Privacy Policy and any applicable signed agreement, describe the relevant agreement between the parties concerning the matters they cover.

31. Contact

Questions concerning these terms may be sent to:

Brainbyte LLC
Email: create@brainbyte.dev

411 Walnut Street #23464
Green Cove Springs, FL 32043-3443
United States