Effective Date: 08/04/2025
Last Updated: 08/24/2025

These Terms of Service (“Terms”) form a legally binding agreement between you (“User,” “Client,” or “you”) and StarByte IT LLC, doing business as StarByte (“StarByte,” “we,” “our,” or “us”). By accessing or using our website, accounts, products, or services, you agree to these Terms. If you do not agree, you must not use StarByte’s services.

1. Eligibility

1.1 You must be at least 18 years old to create an account or use our Services.
1.2 By using our Services, you represent that you meet this requirement.

2. Account Registration & Security

2.1 To access certain features, you may be required to create an account.
2.2 You agree to provide accurate, complete, and current information.
2.3 You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
2.4 StarByte may suspend or terminate accounts for violations of these Terms.

3. Services

3.1 StarByte provides IT support, consulting, remote access services, SaaS tools, and related offerings (“Services”).
3.2 Services may include:

• Informational and marketing content.

• Client portal access, service requests, and remote support.

• Software tools, downloads, or SaaS integrations.

• Online payments, invoices, and subscriptions.

4. Payments & Billing

4.1 You agree to pay all fees associated with the Services, whether via integrated checkout, invoicing, or subscription billing.
4.2 Payments are due as specified in the applicable invoice, subscription, or checkout screen.
4.3 Unless otherwise stated, all fees are non-refundable.
4.4 Subscriptions automatically renew unless canceled before the billing date.
4.5 You are responsible for all applicable taxes, duties, or fees.

5. User Content

5.1 Users may submit reviews, comments, or other content (“User Content”).
5.2 By submitting User Content, you grant StarByte a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute it.
5.3 You retain ownership of your User Content.
5.4 StarByte reserves the right to monitor, edit, or remove User Content at its discretion.

6. Acceptable Use

6.1 You agree not to misuse the Services. Prohibited conduct includes, but is not limited to:

• Attempting unauthorized access to systems.

• Uploading malware, viruses, or harmful code.

• Spamming, phishing, or fraudulent activity.

• Using Services for illegal, abusive, or harmful purposes.
  6.2 StarByte may suspend or terminate access for violations.

7. Third-Party Services

7.1 Our Services may rely on third-party services (e.g., Microsoft 365, Google, Wix, Acronis, Malwarebytes).
7.2 Your use of such services is subject to their own terms and conditions.
7.3 StarByte is not responsible for the availability, functionality, or performance of third-party services.

8. Intellectual Property

8.1 All content, trademarks, service marks, logos, and other intellectual property provided by StarByte remain our property.
8.2 You may not copy, modify, distribute, or reverse engineer our materials without written consent.

9. Disclaimers

9.1 Services are provided on an “as is” and “as available” basis without warranties of any kind.
9.2 StarByte disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
9.3 We do not guarantee uninterrupted, secure, or error-free operation of Services.

10. Limitation of Liability

10.1 To the fullest extent permitted by law, StarByte shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.
10.2 StarByte’s total liability shall not exceed the amount you paid in the preceding 12 months.

11. Indemnification

11.1 You agree to indemnify, defend, and hold harmless StarByte, its officers, employees, and affiliates from any claims, damages, liabilities, or expenses (including legal fees) arising from:

• Your use or misuse of the Services.

• Your violation of these Terms.

• Your violation of third-party rights.

12. Remote Access Waiver

12.1 By requesting remote IT support, you authorize StarByte to remotely access your systems.
12.2 You acknowledge that remote sessions may expose pre-existing issues, malware, or configuration problems.
12.3 StarByte disclaims liability for data loss, corruption, or interruptions occurring during remote support unless caused by willful misconduct.

13. Confidentiality & Data Security

13.1 Commitment to Security – StarByte agrees to use commercially reasonable efforts and industry-standard practices to maintain the confidentiality, integrity, and security of all customer data and information entrusted to us.

13.2 No Absolute Guarantee – While StarByte takes appropriate technical and organizational measures to safeguard data, you acknowledge that no system or transmission method is completely secure. StarByte cannot and does not guarantee absolute protection against unauthorized access, data breaches, or cyberattacks.

13.3 Limitation of Liability – To the maximum extent permitted by law, StarByte shall not be liable for any damages, losses, or liabilities arising out of or relating to unauthorized access, use, or disclosure of data, except where such results solely from StarByte’s willful misconduct.

13.4 Customer Responsibility for Backups – Unless otherwise agreed in writing under a separate managed backup agreement, customers remain solely responsible for maintaining independent copies and backups of their data.

13.5 Disclosure of Information – StarByte will not disclose customer data to third parties except:

• (a) as necessary to provide the Services,

• (b) with the customer’s explicit consent, or

• (c) as required by law, regulation, subpoena, or lawful request of governmental authorities.

14. Force Majeure

14.1 StarByte is not liable for delays or failures caused by events beyond its reasonable control, including natural disasters, power failures, internet outages, strikes, pandemics, or cyberattacks.

15. Service Levels

15.1 Unless otherwise agreed in writing, StarByte makes no guarantee of service uptime, response time, or availability.
15.2 Any commitments regarding uptime or availability must be defined in a separate Service Level Agreement (SLA).

16. Export Control & Compliance

16.1 You agree not to use the Services in violation of U.S. export laws or regulations.

17. Termination

17.1 StarByte may suspend or terminate your account at any time, without notice, for violations of these Terms or other lawful reasons.
17.2 Upon termination, your rights to use the Services immediately cease.

18. Privacy

18.1 Your use of the Services is also governed by our Privacy Policy, which is incorporated by reference.

19. Modifications

19.1 StarByte may update these Terms at any time without prior notice.
19.2 Continued use after updates constitutes acceptance of the revised Terms.

20. Governing Law & Jurisdiction

20.1 These Terms are governed by the laws of the State of California.
20.2 Any dispute shall be resolved exclusively in the state or federal courts located in Sacramento County, California.

21. Miscellaneous

21.1 Severability – If any provision is found invalid, the remaining provisions remain enforceable.
21.2 Entire Agreement – These Terms constitute the entire agreement between you and StarByte.
21.3 No Waiver – Failure to enforce any right or provision does not waive that right.
18. Right to Refuse Service
18.1 StarByte reserves the right to refuse service to any client, project, or individual at its sole discretion and without obligation to provide a detailed explanation.
18.2 This right may be exercised in situations including, but not limited to:

• When the requested service poses unreasonable risk to equipment, data, or business operations.

• When the requested service may violate applicable laws, regulations, or ethical standards.

• When a client engages in abusive, threatening, or inappropriate behavior toward StarByte personnel.

• When the scope of work conflicts with StarByte’s business practices, policies, or capacity.

18.3 Nothing in this section permits discrimination on the basis of race, color, religion, gender, national origin, disability, or any other protected status under applicable law.