Terms and Conditions

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

---

1. Who we are

“Brainbyte,” “we,” “us,” and “our” refer to Brainbyte LLC. “You” and “your” refer to the client, customer, participant, or site visitor using brainbyte.dev or working with Brainbyte.

2. Brainbyte work and services

Brainbyte develops and supports technology, communication, digital media, story, motion, product, and related creative or technical work. Services may include software, websites, digital communication, video, motion, design, editing, consulting, implementation support, and related deliverables depending on the project scope.

Brainbyte may use third-party tools and services to support project work and operations.

3. These terms and other agreements

These Terms and Conditions govern your use of the site and any project work 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, pricing reference, or timeline 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, unavailable decision-makers, or scope changes, schedules may shift and additional fees may apply.

6. Brainbyte Foundry 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.

7. Project timeline and delivery

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

8. 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, new deliverables, or major direction changes. Those are change requests and may require a new quote, additional time, and additional fees.

9. Payments

Payment terms are defined in the statement of work. Many projects require a deposit before work begins. Unless otherwise stated in writing, 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

10. Refunds and cancellations

Because Brainbyte 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.

11. Third-party tools, hosting, and subscriptions

Project work may involve third-party services such as hosting, domains, analytics, stock assets, plugins, fonts, video platforms, form processors, payment processors, and other software or services. Unless explicitly included in the statement of work, you are responsible for third-party fees.

12. 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. Brainbyte retains ownership of pre-existing tools, templates, code libraries, design systems, workflows, processes, general know-how, concepts, methods, and materials that were not created specifically for you as final paid deliverables.

Brainbyte’s core ventures, brands, product concepts, platform ideas, internal methods, and original business concepts remain the property of Brainbyte unless explicitly transferred in a signed written agreement.

13. 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, proposals, and related business materials. If the project is confidential or under NDA, we will honor the applicable confidentiality terms.

14. Third-party tools and services

Brainbyte may use third-party software, platforms, and services as part of communication, production, development, research, documentation, hosting, analytics, security, or related business operations. If a project requires specific confidentiality or processing requirements, those requirements should be discussed before work begins.

15. Warranty disclaimer

The site and project work 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, financial, investment, fundraising, legal, immigration, operational, or market outcome.

16. Limitation of liability

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

17. 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, your violation of laws or third-party rights, or your use of third-party services connected to the work.

18. Confidentiality

If we receive non-public information from you, we will use reasonable care to keep it confidential and use it only to communicate about, plan, deliver, or support the work. If you require formal confidentiality terms, request an NDA before sharing confidential information.

19. Site use rules

You agree not to:

• Attempt to disrupt, misuse, scrape, overload, or interfere with the site.
• Upload malicious content or attempt unauthorized access.
• Use the site to violate any laws or third-party rights.
• Misrepresent your identity, affiliation, or authority to act on behalf of an organization.

20. Links to other sites

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

21. 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.

22. 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.

23. 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