Terms of Service

Acceptance of Terms

By creating an account, accessing, or using ByteDesk, you confirm that you are at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or the organization you represent. If you are using ByteDesk on behalf of a company or other entity, you represent that you have the authority to bind that entity to these Terms. Your continued use of the Service after any changes to these Terms constitutes acceptance of the revised Terms.

Service Description

ByteDesk provides managed marketing, software, automation, and AI services, supported by platform access where a client engagement calls for it. We may modify, update, or discontinue features of the Service at any time. We will provide reasonable notice of material changes that may affect your use of the platform.

Account Registration

To use certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep your account details up to date. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You must notify us immediately at security@bytedesk.ai if you suspect unauthorized access to your account.

Acceptable Use

You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations. You shall not:

• Use the Service to send unsolicited communications (spam) or violate anti-spam laws such as CAN-SPAM, CASL, or GDPR.
• Upload, transmit, or distribute malicious software, viruses, or any code designed to disrupt or damage the Service.
• Attempt to gain unauthorized access to other users' accounts, our systems, or our network infrastructure.
• Use the Service for any activity that is fraudulent, deceptive, or harmful to others.
• Reverse-engineer, decompile, or disassemble any portion of the Service.
• Resell, sublicense, or redistribute the Service except as expressly permitted under an agency or white-label agreement with ByteDesk.

Intellectual Property

All content, features, and functionality of the Service -- including but not limited to software, text, graphics, logos, icons, and documentation -- are owned by ByteDesk or its licensors and are protected by copyright, trademark, and other intellectual property laws. You retain ownership of any content you upload to the platform. By uploading content, you grant ByteDesk a limited, non-exclusive license to use, process, and display that content solely to provide the Service to you.

Payment Terms

Fees, billing cadence, deliverables, and platform access are defined by the applicable order, statement of work, subscription, or service agreement. All fees are non-refundable except as required by law or as specified in the applicable agreement. Tax obligations are your responsibility unless otherwise stated.

Termination

You may terminate platform access or service work according to the applicable agreement by contacting support. We may suspend or terminate access if you violate these Terms, engage in prohibited conduct, or fail to pay applicable fees. Upon termination, your right to use the Service ceases immediately, subject to any transition terms in the applicable agreement.

Limitation of Liability

To the maximum extent permitted by applicable law, ByteDesk and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or relating to your use of the Service. Our total cumulative liability shall not exceed the amount you paid to ByteDesk during the twelve (12) months preceding the claim. This limitation applies regardless of the theory of liability, whether in contract, tort, or otherwise.

Indemnification

You agree to indemnify, defend, and hold harmless ByteDesk, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Service, your violation of these Terms, your violation of any third-party rights, or any content you upload or transmit through the Service.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be resolved exclusively in the state or federal courts located in San Francisco County, California. You consent to the personal jurisdiction of such courts and waive any objections to venue.

Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by email or through a prominent notice on the platform at least 30 days before the changes take effect. Your continued use of the Service after the revised Terms become effective constitutes your acceptance of the changes. If you do not agree with the revised Terms, you must stop using the Service and close your account.

Contact

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

• Email: legal@bytedesk.ai
• Mail: ByteDesk, Inc., 548 Market St, Suite 35000, San Francisco, CA 94104
• Or visit our Contact page.