Terms of Service
These terms establish the agreement between ByteSymphony and clients who engage our teams, products, or platforms.
Effective date: January 1, 2025
By executing an order form, statement of work, or by accessing ByteSymphony services, you agree to these Terms of Service and any referenced policies. If you are acting on behalf of an organization, you warrant that you have authority to bind that organization.
We provide software development, consulting, talent augmentation, support, and related services described in the applicable engagement documentation. Each scope may include deliverables, milestones, service levels, and acceptance criteria.
Clients agree to:
Fees are specified in engagement documents. Unless stated otherwise, invoices are due within 15 days of receipt. Late payments may incur 1.5% monthly interest (or the maximum allowed by law) plus reasonable collection costs. All fees are exclusive of taxes, which you agree to pay.
ByteSymphony retains ownership of pre-existing materials, tools, and methodologies. Upon full payment, we assign to the client all right, title, and interest in deliverables created specifically for the engagement, excluding third-party components and open-source dependencies governed by their respective licenses.
Each party agrees to protect the other party's confidential information using at least the same degree of care it uses for its own sensitive information, and no less than reasonable care. Confidential information may be used solely to fulfill obligations under the engagement. These obligations survive for three years after termination, except for trade secrets which remain protected until they no longer qualify as such.
We adhere to relevant data protection and security standards. When ByteSymphony processes personal data on your behalf, the parties will execute applicable data processing agreements. You remain responsible for providing necessary notices and obtaining consents from end users.
We warrant that services will be performed in a professional and workmanlike manner. To the fullest extent permitted by law, all other warranties are disclaimed, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Except for indemnification obligations or intentional misconduct, neither party is liable for indirect, incidental, special, punitive, or consequential damages, including lost profits or revenue. Each party's aggregate liability under these terms is limited to the fees paid or payable for the twelve months preceding the claim.
Each party will defend and indemnify the other against third-party claims arising from breaches of these terms, negligence, or willful misconduct, provided the indemnified party promptly notifies the other and cooperates in the defense.
These terms remain effective for the duration of the engagement. Either party may terminate for material breach after providing 30 days' written notice and an opportunity to cure. We may suspend services for undisputed overdue invoices or security risks.
This agreement is governed by the laws of the State of California, USA, without regard to conflict of laws principles. The parties consent to exclusive jurisdiction in state and federal courts located in California.
We may update these terms to reflect service changes or legal requirements. Material updates will be communicated to affected clients or noted here with a revised effective date. Continued use of services constitutes acceptance of the updated terms.
Questions about these terms should be sent to legal@bytesymphony.dev or to ByteSymphony, 2038 Millennium Way #107, Hanford, CA 93230.
