Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the Byte Operator website (byteoperator.com) and all software engineering, ecommerce development, conversion rate optimization, and AI automation services provided by Byte Operator. By accessing our website or engaging our agency services, you agree to be bound by these Terms and any specific Statement of Work (SOW) executed between the parties.

2. Scope of Services & Statements of Work

Byte Operator provides specialized digital engineering services, including full-stack web applications, headless ecommerce platforms, cloud architectures, custom API integrations, and autonomous AI automation pipelines. Specific deliverables, project milestones, pricing structures, and timelines are formally defined in individual Statements of Work. In the event of any conflict between these Terms and an executed SOW, the terms of the SOW shall take precedence.

3. Intellectual Property Ownership

We believe in complete intellectual property ownership for our clients:

• Client Deliverables: Upon full and final settlement of all milestone invoices for a given project phase, 100% of all intellectual property rights, source code repositories, design assets, and custom digital deliverables created specifically for the client are fully transferred and assigned to the client.
• Byte Operator Pre-Existing IP: Byte Operator retains all ownership rights in our pre-existing frameworks, internal developer tooling, proprietary algorithms, and general engineering methodologies. To the extent any pre-existing components are embedded in client deliverables, the client is granted a perpetual, non-exclusive, worldwide, royalty-free license to use and modify them for their internal business operations.
• Open Source Components: Deliverables may incorporate open-source libraries (e.g. Next.js, React, Tailwind CSS), which remain governed by their respective open-source licenses (such as MIT or Apache 2.0).

4. Client Responsibilities & Approvals

To ensure high engineering velocity and milestone adherence, clients agree to:

• Provide timely access to relevant third-party systems, staging environments, API keys, and asset repositories required for project completion.
• Designate a qualified technical or commercial representative authorized to approve deliverables and milestone sign-offs.
• Review sprint deliverables within the designated User Acceptance Testing (UAT) window (standard 14 calendar days).

5. Fees, Invoicing & Payment Terms

All fees are quoted in USD unless specified otherwise in the SOW. Project milestones and monthly retainer fees are invoiced according to the schedule set forth in the agreement. Invoices are payable within 14 calendar days of receipt. Late payments may be subject to a statutory interest charge of 1.5% per month on outstanding balances.

6. Confidentiality & Non-Disclosure

Both parties agree to hold in strict confidence all proprietary technical information, business data, financial records, customer details, and trade secrets disclosed during the course of the engagement. Confidential obligations survive termination of the agreement for a minimum period of three (3) years.

7. Warranties & Engineering Quality

Byte Operator warrants that all code and deliverables will be developed in a professional, workmanlike manner conforming to prevailing modern engineering standards and agreed-upon specifications. We provide a complimentary thirty (30) day bug-fix warranty on custom development following initial production deployment to resolve any reproducible defects in delivered code.

8. Limitation of Liability

Except for willful misconduct or breach of confidentiality obligations, neither party shall be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, or data. In all events, the total aggregate liability of Byte Operator arising out of or related to any project engagement shall be limited to the total fees actually paid by the client under the applicable Statement of Work during the six (6) months preceding the claim.

9. Governing Law & Dispute Resolution

These Terms and all client engagements shall be governed by and construed in accordance with applicable commercial laws. The parties agree to attempt in good faith to resolve any dispute through direct executive consultation prior to initiating formal arbitration or legal proceedings.