STARBYTE IT LLC

REMOTE ACCESS WAIVER OF LIABILITY, ASSUMPTION OF RISK & ELECTRONIC CONSENT

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This Remote Access Waiver of Liability, Assumption of Risk, and Electronic Consent (“Waiver”) is a legally binding agreement between StarByte IT LLC, a California limited liability company (“StarByte”), and the individual or entity submitting the applicable Jotform or service request (“Client”).

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BY CHECKING THE ACCEPTANCE BOX AND SUBMITTING THE FORM, CLIENT CONFIRMS THAT THEY HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY THIS WAIVER.

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1. Authorization of Remote Access

Client expressly authorizes StarByte to remotely access Client’s computer systems, networks, devices, and software solely for the purpose of providing requested IT services, including diagnostics, troubleshooting, configuration, optimization, or related support (“Services”).

Remote access shall be limited to what is reasonably necessary to perform the Services.

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2. Electronic Consent & Legal Effect

Client acknowledges and agrees that:

• Checking the acceptance box constitutes affirmative electronic consent

• Such consent is the legal equivalent of a handwritten signature pursuant to the Electronic Signatures in Global and National Commerce Act (E-SIGN) and applicable California law

• This Waiver becomes effective immediately upon submission and is fully enforceable without a physical signature

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3. Assumption of Risk

Client understands and acknowledges that remote access services involve inherent risks, including but not limited to:

• Data loss, corruption, or overwriting

• System instability, crashes, or degraded performance

• Service interruption or downtime

• Exposure of pre-existing security vulnerabilities

Client knowingly and voluntarily assumes all risks, whether known or unknown, arising from or related to the Services.

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4. Client Responsibilities

Client agrees that:

• Client is solely responsible for maintaining current, complete, and verified backups of all data prior to any remote session

• Client’s systems, software, and licenses are lawfully obtained and properly configured

• Client will provide accurate information, credentials, and permissions necessary for StarByte to perform the Services

StarByte shall not be responsible for issues caused by inaccurate information, insufficient permissions, or unsupported configurations.

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5. StarByte Responsibilities

StarByte agrees to:

• Use commercially reasonable efforts to safeguard Client systems during remote sessions

• Treat information accessed during Services as confidential in accordance with applicable NDAs and privacy obligations

• Reserve the right to log or record sessions for quality assurance, training, security, or compliance purposes

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6. Disclaimer of Warranties

Services are provided “AS IS” and “AS AVAILABLE.”

To the maximum extent permitted by California law, StarByte disclaims all warranties, express or implied, including but not limited to:

• Merchantability

• Fitness for a particular purpose

• Non-infringement

Client acknowledges that StarByte does not guarantee specific results, outcomes, or resolutions.

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7. Limitation of Liability

To the fullest extent permitted under California law:

• StarByte shall not be liable for any indirect, incidental, special, exemplary, or consequential damages, including loss of data, loss of profits, or business interruption

• StarByte’s total cumulative liability for any claim arising out of or relating to the Services shall not exceed the fees paid by Client for the specific remote session giving rise to the claim

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8. Indemnification

Client agrees to indemnify, defend, and hold harmless StarByte and its members, managers, officers, employees, and contractors from any claims, damages, losses, liabilities, or expenses arising from:

• Client’s systems, data, or operations

• Client’s actions or omissions following completion of Services

• Third-party claims related to Client-owned hardware, software, or content

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9. Exclusions from Liability

StarByte shall not be liable for damages caused by or resulting from:

• Pre-existing system defects, misconfigurations, or vulnerabilities

• Third-party hardware, software, cloud services, or internet service providers

• Malware, ransomware, cyberattacks, or unauthorized access not caused by StarByte’s gross negligence

• Power failures, network outages, or force majeure events

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10. Termination of Remote Access

Either party may terminate a remote session at any time. Upon termination, all responsibility for system operation immediately reverts to Client.

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11. California Civil Code §1542 Waiver

Client expressly waives the protections of California Civil Code Section 1542, which states:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release, which if known by them would have materially affected their settlement with the debtor or released party.”

Client acknowledges that this waiver applies to all unknown or unsuspected claims arising from or related to the Services.

 

12. Governing Law & Venue

This Waiver shall be governed by the laws of the State of California, without regard to conflict-of-law principles.

Exclusive venue for any dispute shall lie in the state or federal courts located in Sacramento County, California.

 

13. Entire Agreement

This Waiver constitutes the entire agreement between the parties concerning remote access services and supersedes all prior or contemporaneous agreements, written or oral, relating to its subject matter.

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