Terms and Conditions

Important: This is a general set of terms for Brainbyte’s website and selective engagement work. It is not legal advice. If you operate in regulated industries or need specific contract clauses, use these terms as a baseline and have a lawyer review.

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1. Who we are

“Brainbyte,” “we,” “us,” and “our” refers to Brainbyte LLC. “You” and “your” refers to the client, customer, or site visitor using brainbyte.dev or engaging Brainbyte for selective work.

2. Selective engagements

Brainbyte builds ventures and systems and also takes on selective software, digital presence, story, and video engagements. Work may include web design and development, UI and UX, motion design, video editing, animation, interactive experiences, prototyping, technical guidance, and related deliverables. We may use third-party tools, including AI-assisted tools, as part of our workflow, but we remain responsible for the final deliverables as defined in the statement of work.

3. These terms and other agreements

These Terms and Conditions govern your use of the site and any selective engagement unless you and Brainbyte sign a separate written agreement. If there is a conflict, the signed agreement or statement of work controls for that project.

4. Quotes, scopes, and statements of work

Any estimate, quote, engagement range, or pricing reference on the site is for planning purposes and is not a binding offer. A project becomes active only when we both agree in writing to a scope, timeline, deliverables, price, and payment schedule.

5. Client responsibilities

You agree to:

• Provide timely feedback, approvals, and requested materials.
• Ensure you have the rights to any materials you provide.
• Review deliverables and notify us of issues within a reasonable time.
• Use the deliverables in compliance with applicable laws and third-party rules.

If delays are caused by missing materials, late feedback, or scope changes, schedules may shift and additional fees may apply.

Eligibility

Participation in Brainbyte Foundry programs, including Founding Circle, is limited to individuals who are at least 18 years old unless explicitly stated otherwise in writing by Brainbyte.

6. Project timeline and delivery

Timelines are best effort and depend on scope and timely client input. Unless the statement of work explicitly states a fixed deadline, delivery dates are targets, not guarantees.

7. Revisions and change requests

Statements of work typically include a defined number of revision rounds. Revisions mean adjustments to agreed work, not new concepts, new features, or major direction changes. Those are change requests and may require a new quote, additional time, and additional fees.

8. Payments

Payment terms are defined in the statement of work. Many projects require a deposit before work begins. Unless otherwise stated, invoices are due on receipt. Late payments may pause work.

Accepted forms of payment

• Credit or debit card
• ACH or bank transfer where available
• Wire transfer for larger invoices
• PayPal where available

9. Refunds and cancellations

Because our work is custom and time based, deposits and completed work are generally non-refundable unless your statement of work states otherwise. If you cancel a project, you will pay for work performed up to the cancellation date, plus any non-cancellable third-party costs incurred with your approval.

10. Third-party tools, hosting, and subscriptions

Engagements may involve third-party services such as hosting, domains, analytics, stock assets, plugins, fonts, AI tools, and payment processors. Unless explicitly included in the statement of work, you are responsible for third-party fees.

11. Intellectual property and deliverable ownership

Unless stated otherwise in your statement of work, you own the final paid deliverables created specifically for you after all invoices are paid in full. We retain ownership of our pre-existing tools, templates, code libraries, workflows, and general know-how.

12. Portfolio and publicity

Unless you notify us in writing before project start, you grant Brainbyte permission to display completed work or excerpts as part of our portfolio, reels, case studies, and proposals. If the project is confidential or under NDA, we will honor that.

13. AI-assisted workflow and client content

We may use AI-assisted tools for ideation, drafting, cleanup, motion experiments, or workflow acceleration. We do not guarantee that AI outputs are unique or non-infringing. If you require no AI tools, you must state this in writing before the statement of work is signed.

14. Warranty disclaimer

The site and selective engagements are provided as is and as available. We do not make warranties that the site will be uninterrupted or error free, or that deliverables will achieve any specific business outcome.

15. Limitation of liability

To the maximum extent permitted by law, Brainbyte will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill. Our total liability for any claim related to the engagement will not exceed the amount you paid to Brainbyte for the specific project giving rise to the claim.

16. Indemnification

You agree to indemnify and hold Brainbyte harmless from claims arising out of materials you provide, how you use the deliverables, your breach of these terms, or your violation of laws or third-party rights.

17. Confidentiality

If we receive non-public information from you, we will use reasonable care to keep it confidential and use it only to perform the engagement. If you require formal confidentiality terms, request an NDA before sharing sensitive information.

18. Site use rules

You agree not to:

• Attempt to disrupt or misuse the site.
• Upload malicious content or attempt unauthorized access.
• Use the site to violate any laws or third-party rights.

19. Links to other sites

The site may contain links to third-party websites. We do not control and are not responsible for third-party content, policies, or practices.

20. Governing law

These terms are governed by the laws of the United States and the state in which Brainbyte LLC is formed, without regard to conflict of law rules, unless a signed agreement states otherwise.

21. Changes to these terms

We may update these terms from time to time. The last updated date at the top indicates when changes were made. Continued use of the site after changes means you accept the updated terms.

22. Contact

Questions about these terms can be sent to create@brainbyte.dev.

Mailing address:
Brainbyte LLC
411 Walnut Street #23464
Green Cove Springs, FL 32043-3443
United States