TERMS OF SERVICE

Last updated March 24, 2025

1. INTRODUCTION

Welcome to ByteHog ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website, located at bytehog.co ("Site"), and the data consulting services we provide ("Services").

By accessing or using our Site or Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Site or use our Services.

2. SERVICES DESCRIPTION

ByteHog provides data consulting services, including but not limited to data analysis, data strategy development, data management, business intelligence solutions, and related advisory services as described on our Site or in a separate service agreement.

3. USER ACCOUNTS

3.1 Account Creation

You may need to create an account to access certain features of our Services. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Responsibilities

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your account. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

4. CLIENT DATA

4.1 Data Ownership

Any data, information, or materials that you provide to us in connection with our Services ("Client Data") remains your property. You grant us a limited license to use, process, store, and transfer such Client Data solely for the purpose of providing the Services to you.

4.2 Data Protection

We will implement reasonable security measures to protect your Client Data from unauthorized access or disclosure. However, you acknowledge that no method of transmission over the Internet or method of electronic storage is 100% secure.

4.3 Compliance with Laws

Both parties agree to comply with all applicable data protection and privacy laws, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), where applicable.

5. INTELLECTUAL PROPERTY

5.1 Our Intellectual Property

The Site and Services, including all content, features, and functionality, are owned by the Company, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and Services for your personal or internal business purposes.

5.3 Restrictions

You may not:

  • Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or content obtained from the Site or Services
  • Use any data mining, robots, or similar data gathering or extraction methods
  • Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information
  • Use any meta tags or any other "hidden text" utilizing our name or trademarks
5.4 Deliverables

Unless otherwise agreed in writing, we retain ownership of all intellectual property rights in any deliverables, reports, analyses, or other materials created by us in the course of providing the Services ("Deliverables"). We grant you a non-exclusive, non-transferable license to use such Deliverables for your internal business purposes only.

6. PAYMENT TERMS

6.1 Fees

You agree to pay all fees specified in any service agreement or as listed on our Site. All fees are in USD and are non-refundable unless otherwise specified.

6.2 Billing

We may bill you through an online billing account, invoice, or other payment mechanisms. You agree to provide accurate and complete billing information.

6.3 Late Payments

If you do not pay on time or if we cannot charge your payment method for any reason, we reserve the right to either suspend or terminate your access to the Services or charge you interest on any overdue amounts at the rate of 1.5% per month or the maximum rate permitted by law, whichever is less.

7. TERM AND TERMINATION

7.1 Term

These Terms shall remain in effect until terminated by either you or us.

7.2 Termination by You

You may terminate these Terms at any time by discontinuing use of our Services and providing written notice to us. Some obligations may survive termination as specified in any service agreement.

7.3 Termination by Us

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

7.4 Effect of Termination

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. CONFIDENTIALITY

8.1 Definition

"Confidential Information" means any information disclosed by one party to the other, either directly or indirectly, in writing, orally, or by inspection of tangible objects, that is designated as "Confidential," "Proprietary," or some similar designation, or that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure.

8.2 Obligations

Each party agrees to:

  • Maintain the confidentiality of the other party's Confidential Information
  • Use Confidential Information solely for the purpose of performing obligations under these Terms
  • Not disclose such Confidential Information to any third party
  • Protect Confidential Information with at least the same degree of care as it protects its own confidential information, but in no case less than reasonable care
8.3 Exclusions

The obligations of confidentiality do not apply to information that:

  • Is or becomes publicly known through no fault of the receiving party
  • Was rightfully known by the receiving party before receipt
  • Is rightfully received from a third party without a duty of confidentiality
  • Is independently developed by the receiving party without reference to Confidential Information
  • Is required to be disclosed by law, provided the receiving party gives the disclosing party prompt written notice of such requirement

9. DISCLAIMER OF WARRANTIES

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
  • ANY CONTENT OBTAINED FROM THE SERVICES
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

11. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Illinois, without regard to its conflict of law principles.

12.2 Dispute Resolution

Any dispute arising out of or relating to these Terms, including their breach, termination, or validity, shall first be addressed by good faith negotiation between the parties. If the dispute cannot be resolved through negotiation, it shall be submitted to mediation. If mediation is unsuccessful, the parties may pursue all other remedies available at law.

13. CHANGES TO TERMS

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on the Site. Your continued use of the Site or Services after any such changes constitutes your acceptance of the new Terms.

14. GENERAL PROVISIONS

14.1 Entire Agreement

These Terms, together with any service agreements, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements and understandings.

14.2 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

14.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent, but we may assign or transfer these Terms without restriction.

14.5 Force Majeure

We shall not be liable for any failure to perform our obligations due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, fire, flood, pandemic, or other natural disaster.

15. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

ByteHog