Legal
Terms of Service
Terms of Service for Latent Byte LLC services, products, and software.
Last updated: September 12, 2026
Agreement to Terms & Eligibility
These Terms of Service ("Terms") constitute a legally binding agreement between you (personally or on behalf of an entity you represent, "you" or "User") and Latent Byte LLC ("Company," "we," "us," or "our"). These Terms govern your access to and use of our websites (including latentbyte.com), applications, developer tools, application programming interfaces ("APIs"), database provisioning, cloud storage, software packages, custom software, consulting, and any related services (collectively, the "Services").
By accessing, browsing, registering for, or using our Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy. If you do not agree with all of these Terms, you are expressly prohibited from using the Services and must discontinue use immediately.
You represent and warrant that you are at least 18 years of age (or the age of legal majority in your jurisdiction) and possess the full legal right, power, and authority to enter into these Terms. If you are accepting these Terms on behalf of an organization or company, you represent and warrant that you have full authority to bind that entity to these Terms, in which case "you" refers to that entity.
Intellectual Property Rights & Ownership
Except for your User Content (defined below), all rights, title, and interest in and to the Services—including but not limited to all source code, object code, software, scripts, algorithms, database architectures, workflows, APIs, user interfaces, designs, visuals, text, graphics, trademarks, service marks, logos, brand assets, audio, video, and documentation—are the sole and exclusive property of Latent Byte LLC or its licensors and are protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws.
Subject to your strict and ongoing compliance with these Terms and timely payment of any applicable fees, Latent Byte LLC grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for your internal business or personal use as intended by the functionality of the Services. No licenses or rights are granted to you by implication, estoppel, or otherwise, and all rights not expressly granted to you are strictly reserved by Latent Byte LLC.
User Content, Data, & Storage Disclaimer
You may upload, submit, store, process, or transmit data, code, database schemas, files, prompts, configurations, and other materials to or through the Services ("User Content"). You retain whatever ownership rights you hold in your User Content.
By submitting or processing User Content, you grant Latent Byte LLC a worldwide, royalty-free, fully paid-up, transferable, sublicensable, non-exclusive license to host, store, reproduce, modify, adapt, transmit, execute, and display such User Content solely as necessary to: (a) provide, maintain, operate, analyze, and improve the Services; (b) prevent or address service, security, or technical problems; and (c) satisfy applicable legal, regulatory, or governmental requirements.
You represent and warrant that: (i) you own or have obtained all necessary rights, licenses, permissions, and consents to submit and process your User Content; and (ii) your User Content does not infringe, misappropriate, or violate any patent, copyright, trademark, trade secret, privacy, publicity, or other intellectual property or proprietary right of any third party, nor violate any applicable law or regulation.
Backup Disclaimer: The Services are not designed, intended, or certified as an archival or mission-critical backup repository. You are solely and exclusively responsible for maintaining independent, encrypted, off-site backups of all User Content, database records, and files. Latent Byte LLC expressly disclaims all liability for any loss, corruption, alteration, unauthorized disclosure, interception, or deletion of User Content or database data.
Feedback & Suggestions
If you provide Latent Byte LLC with any suggestions, ideas, enhancement requests, recommendations, or other feedback regarding the Services ("Feedback"), you agree that all Feedback becomes the sole and exclusive property of Latent Byte LLC. To the extent any rights in Feedback cannot be assigned, you grant Latent Byte LLC an irrevocable, perpetual, worldwide, royalty-free, fully paid-up, transferable, and sublicensable license to use, incorporate, commercialize, and exploit such Feedback for any purpose whatsoever, without restriction, attribution, compensation, or accounting to you.
Accounts, Authentication, & API Key Security
To access certain features of the Services, you must register for an account or obtain API keys and database credentials. You agree to provide accurate, complete, and updated registration information at all times.
You are solely and fully responsible for maintaining the confidentiality and security of your account credentials, passwords, session tokens, database credentials, and API keys. You accept full and sole responsibility for all acts, omissions, API calls, data transmissions, resource usage, and financial charges incurred under your account or through your API keys, whether authorized by you or not.
You must immediately notify Latent Byte LLC of any suspected compromise, theft, or unauthorized use of your account or credentials. Latent Byte LLC will not be liable for any loss or damage arising from your failure to safeguard your credentials. We reserve the absolute right to revoke, rotate, suspend, or disable any account, API key, or access token at any time in our sole discretion without liability.
Acceptable Use & Prohibited Conduct
You agree to use the Services only for lawful purposes and in strict accordance with these Terms. You agree that you will not, and will not authorize or assist any third party to:
- Decompile, reverse engineer, disassemble, decrypt, extract source code, or attempt to discover the underlying algorithms, protocols, or architecture of the Services;
- Copy, modify, create derivative works of, mirror, frame, or redistribute any portion of the Services;
- Probe, scan, or test the vulnerability of any Latent Byte LLC network, server, database, or system, or circumvent, bypass, or defeat any security, authentication, or rate-limiting controls;
- Scrape, spider, crawl, harvest, or extract data from the Services through automated or manual means without our express prior written consent;
- Transmit, store, or introduce any virus, worm, trojan horse, ransomware, logic bomb, or other malicious, damaging, or technologically harmful code;
- Use the Services to develop, benchmark, train, fine-tune, evaluate, or optimize any competing software, service, database product, or machine learning model;
- Interfere with, disrupt, or place an unreasonable or disproportionately large load on our infrastructure, bandwidth, databases, or third-party service providers;
- Resell, lease, sublicense, time-share, or use the Services to provide service-bureau or white-labeled services without a separate written agreement executed with Latent Byte LLC;
- Use the Services for any illegal, fraudulent, harassing, defamatory, or harmful activity, or in any high-risk application where service disruption could lead to death, bodily harm, environmental damage, or critical infrastructure failure.
Purchases, Subscriptions, Credits, & Billing
Certain features, tools, database instances, storage allocations, or compute resources are offered on a paid, subscription, or prepaid credit basis. All fees are stated and payable in United States Dollars (USD) unless specified otherwise.
Payment processing is conducted by third-party payment processors (such as Stripe). By initiating a transaction, you agree to the applicable terms of the payment processor and authorize us and the processor to charge your chosen payment method for all purchases, recurring subscription fees, usage overages, and applicable taxes.
All Sales Are Final: Except where strictly required by applicable law, all purchases, subscription payments, credit pack acquisitions, and fees paid to Latent Byte LLC are strictly non-refundable, non-creditable, and non-cancellable.
Prepaid Credits: Pre-purchased credits, tokens, or compute units have no cash or monetary value, do not earn interest, cannot be redeemed for fiat currency, are non-transferable, and expire or are forfeited upon account termination or abandonment. We reserve the right to modify credit consumption schedules or pricing at any time.
Chargebacks & Disputes: You agree to contact Latent Byte LLC support in good faith to resolve any billing discrepancy before initiating a chargeback or payment dispute with your bank or credit card company. Unauthorized chargebacks or disputes may result in immediate suspension or termination of your account, and you shall be responsible for all chargeback fees, collection expenses, and legal costs incurred by Latent Byte LLC.
Artificial Intelligence & Automated Workflows Disclaimer
Certain Services incorporate artificial intelligence, automated code generation, large language models, or automated workflow orchestration ("AI Features").
Outputs Generated "As Is": Any code, text, suggestions, configurations, summaries, or recommendations generated by AI Features ("Outputs") are produced by automated statistical models. We make no warranty or representation that Outputs will be accurate, complete, functional, error-free, secure, or free from third-party intellectual property claims.
User Responsibility: You are solely responsible for reviewing, testing, compiling, validating, and auditing all Outputs prior to use, deployment, or reliance. Latent Byte LLC assumes no liability whatsoever for any bugs, security vulnerabilities, operational interruptions, copyright claims, or financial losses resulting from your use of or reliance on Outputs.
Third-Party AI Services: AI Features may utilize underlying third-party AI APIs (such as OpenAI, Anthropic, or Google). Your use of such features is subject to the service terms and operational availability of those third-party providers. Latent Byte LLC is not liable for any downtime, latency, changes in models, or rate limits imposed by external AI providers.
Third-Party Services & Links
The Services may contain integrations with, or links to, third-party services, software, repositories, or cloud hosting platforms. Latent Byte LLC does not control, endorse, or assume any responsibility for third-party websites, tools, services, content, or practices. You access and use third-party services entirely at your own risk and subject to the terms and conditions of those third parties.
Beta Features & Service Modifications
We may offer beta, preview, early-access, or experimental features or tools ("Beta Features"). Beta Features are provided strictly "as is" and "as available" for evaluation and testing purposes, without warranties, service level agreements, or maintenance obligations of any kind.
We reserve the absolute right to modify, update, suspend, throttle, or discontinue any aspect of the Services (including APIs, databases, storage, and Beta Features) at any time with or without notice, and we shall have no liability to you or any third party for any such modification, suspension, or discontinuation.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, SOFTWARE, CODE, DATABASES, TOOLS, DOCUMENTATION, AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND DEFECTS, WITHOUT WARRANTY OF ANY KIND.
LATENT BYTE LLC AND ITS AFFILIATES, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, THE "COMPANY PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
WITHOUT LIMITING THE FOREGOING, THE COMPANY PARTIES MAKE NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL OPERATE UNINTERRUPTED, TIMELY, SECURELY, OR ERROR-FREE; (C) ANY DEFECTS OR VULNERABILITIES WILL BE CORRECTED; (D) THE DATA, STORED FILES, OR OUTPUTS WILL BE ACCURATE, RELIABLE, OR SECURE FROM LOSS; OR (E) THE SERVICES ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL CODE.
Limitation of Liability & Monetary Cap
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS REPUTATION, USE, DATA, DATABASE CORRUPTION, WORK STOPPAGE, SYSTEM OR SERVER FAILURE, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES, OR YOUR USE OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), AND EVEN IF A COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES SHALL THE TOTAL AGGREGATE LIABILITY OF THE COMPANY PARTIES ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO LATENT BYTE LLC FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).
The parties acknowledge that the disclaimers and limitations in this Section reflect an informed and deliberate allocation of risk between the parties, and that Latent Byte LLC would not provide the Services to you without these limitations.
Indemnification
You agree to defend, indemnify, and hold harmless Latent Byte LLC, its parent company, affiliates, subsidiaries, and their respective owners, members, managers, officers, directors, employees, agents, contractors, licensors, and suppliers (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, proceedings, liabilities, judgments, damages, settlements, penalties, fines, losses, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:
- Your access to, use of, or misuse of the Services;
- Your User Content, including any claim that your User Content infringes, violates, or misappropriates any intellectual property, privacy, or publicity rights;
- Your breach or alleged breach of these Terms or any incorporated policy;
- Your violation of any applicable local, state, federal, national, or international law, statute, ordinance, or regulation;
- Any unauthorized access or operations performed using your account credentials, database tokens, or API keys; or
- Your gross negligence, fraud, or willful misconduct.
Latent Byte LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate fully with Latent Byte LLC in asserting any available defenses. You shall not settle any matter without the prior express written consent of Latent Byte LLC.
Suspension & Termination
We reserve the right, in our sole and absolute discretion, without prior notice, liability, or refund, to suspend, throttle, restrict, or terminate your account, API keys, database access, or access to all or any portion of the Services at any time, with or without cause, including for any breach of these Terms, suspicion of fraudulent, abusive, or illegal activity, non-payment, or security risks.
Upon termination, all licenses and rights granted to you under these Terms immediately terminate, and you must immediately cease all access to and use of the Services. All provisions of these Terms that by their nature should survive termination shall survive, including Intellectual Property Rights, User Content Licenses, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, Class Action Waiver, Jury Waiver, and Governing Law.
Dispute Resolution: Mandatory Mediation, Arbitration, & Class Action Waiver
Mandatory Informal Resolution & Mediation:
Before initiating any formal legal proceeding, you and Latent Byte LLC agree to attempt in good faith to resolve any dispute, controversy, or claim arising out of or relating to these Terms or the Services ("Dispute") informally for at least 30 days. If the Dispute is not resolved informally, the parties agree to submit the Dispute to mandatory mediation administered by the American Arbitration Association ("AAA") under its Commercial Mediation Procedures in Austin, Texas. Mediation costs shall be shared equally, and each party shall bear its own legal fees.
Binding Arbitration:
If the Dispute is not resolved through mediation within 45 days after the filing of a request for mediation, the Dispute shall be resolved by final and binding arbitration administered by the AAA in accordance with its Commercial Arbitration Rules. Arbitration shall take place in Austin, Texas (or virtually if mutually agreed), before a single neutral arbitrator. The arbitrator's award shall be final and binding and may be entered in any court having jurisdiction.
Class Action & Collective Waiver:
ALL DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PRIVATE ATTORNEY GENERAL IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY AND UNCONDITIONALLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Waiver of Jury Trial:
EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY LAWSUIT, ACTION, OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.
One-Year Limitation Period:
YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY AND IRREVOCABLY BARRED.
Equitable & Injunctive Relief:
Notwithstanding the arbitration agreement, either party may seek emergency injunctive or other equitable relief in a state or federal court of competent jurisdiction in Travis County, Texas, to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, trade secrets, or unauthorized system access.
Governing Law & Jurisdiction
These Terms and any Dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of laws principles. To the extent court proceedings are permitted under these Terms, you and Latent Byte LLC agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Travis County, Texas.
Force Majeure
Latent Byte LLC shall not be liable or responsible to you, nor deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, revolution, epidemic or pandemic, lockouts, strikes or other labor disputes, telecommunication or electrical outages, power grid failures, hosting provider downtime, or distributed denial of service (DDoS) attacks.
Export Controls & Sanctions
The Services and related software may be subject to United States export control laws and economic sanctions regulations. You represent and warrant that: (a) you are not located in, or a national or resident of, any country or territory subject to comprehensive United States sanctions; and (b) you are not identified on any U.S. government restricted party list, including the Specially Designated Nationals and Blocked Persons List maintained by the U.S. Department of the Treasury Office of Foreign Assets Control (OFAC).
Severability, Waiver, & Assignment
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.
No failure or delay by Latent Byte LLC in exercising any right or power under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise thereof.
You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior express written consent. Latent Byte LLC may freely assign or transfer its rights and obligations under these Terms without restriction or notice.
Entire Agreement & Changes to Terms
These Terms, together with our Privacy Policy and any applicable order form or service schedule, constitute the entire and exclusive agreement between you and Latent Byte LLC regarding the Services, and supersede all prior or contemporaneous agreements, proposals, understandings, representations, and warranties, whether written or oral.
We reserve the right to update or modify these Terms at any time in our sole discretion. We will indicate the date of the most recent revision at the top of this page. Your continued use of the Services after the effective date of any updated Terms constitutes your full acceptance of and agreement to the revised Terms.
Contact Information
If you have any questions or concerns regarding these Terms, please contact us at:
Latent Byte LLC
5900 Balcones Drive
Suite 100
Austin, TX 78731
Email: [email protected] or [email protected]
By using our Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service.