1. Agreement to Terms

These Terms of Service (“Terms”) govern your access to and use of the services, products, and websites (collectively, “Services”) provided by Latent Byte LLC (“Company,” “we,” “us,” or “our”). By using our Services, you agree to these Terms. If you do not agree, do not use our Services.

2. Intellectual Property Rights

All content, features, and functionality on our Services—including but not limited to text, graphics, logos, images, and software—are the exclusive property of Latent Byte LLC and are protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any material without our prior written consent.

3. Dispute Resolution: Mediation and Arbitration

1. Mandatory Mediation:
Any disputes, claims, or controversies arising out of or relating to these Terms or the use of our Services shall first be submitted to mandatory mediation. Mediation shall be conducted in good faith, with a neutral mediator agreed upon by both parties, in accordance with the mediation rules of the American Arbitration Association (AAA) or another mutually agreed-upon organization. Mediation costs shall be shared equally between both parties, except for attorney’s fees and other legal expenses, which shall be borne by each party individually.
2. Binding Arbitration:
If mediation does not resolve the dispute within 30 days (or an alternative timeframe mutually agreed upon in writing), the dispute shall be resolved by binding arbitration administered by the AAA in accordance with its Commercial Arbitration Rules. Arbitration shall take place in Austin, Texas, and the arbitrator’s decision shall be final and binding on both parties. The costs of arbitration, including administrative and arbitrator fees, shall be shared equally between both parties, except for attorney’s fees and other legal expenses, which shall be borne by each party individually.
3. No Class Actions:
All disputes shall be resolved on an individual basis, and you waive any right to participate in class or collective actions. THIS MEANS YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
4. Right to Seek Injunctive Relief:
Both parties retain the right to seek injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights or unauthorized use of the Services.

4. No Guarantees or Warranties

The Services are provided “as is” and “as available” without any warranties, express or implied. We make no guarantees regarding the reliability, accuracy, or availability of the Services.

5. Limitation of Liability

To the fullest extent permitted by law, Latent Byte LLC shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from or related to your use of our Services, including but not limited to loss of data, profit, or business opportunities, even if advised of the possibility of such damages. THIS LIMITATION OF LIABILITY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

6. Indemnification

You agree to indemnify and hold harmless Latent Byte LLC, its affiliates, employees, agents, and contractors from any claims, damages, losses, or expenses (including attorney’s fees) arising out of or related to your use of the Services or violation of these Terms.

7. Security Disclaimer

While we implement reasonable measures to protect the integrity of our Services, we do not guarantee that our Services will be secure or free from unauthorized access, breaches, or attacks. You are responsible for securing your own devices, accounts, and data.

8. Termination

We reserve the right to terminate or suspend your access to all or part of the Services, without notice, for any conduct that we, in our sole discretion, believe is disruptive or in violation of any applicable law or these Terms.

9. Sales Are Final

All sales are final unless explicitly agreed otherwise in writing by Latent Byte LLC. We do not accept returns, refunds, or exchanges of products or services unless required by applicable law. Exceptions, if any, will be communicated explicitly in a separate written agreement.

10. Modifications to Services

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice. We are not liable for any consequences resulting from such modifications or discontinuations.

11. Governing Law

These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict of laws principles. Any disputes arising from these Terms or the use of our Services shall be resolved exclusively in the state or federal courts located in Texas, except as outlined in the Dispute Resolution section.

12. Compliance with Laws

You agree to use the Services in compliance with all applicable local, state, national, and international laws and regulations. You are responsible for ensuring that your use of the Services is lawful in your jurisdiction. Certain limitations and disclaimers in these Terms may not apply where prohibited by law.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable, such 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.

14. Entire Agreement

These Terms constitute the entire agreement between you and Latent Byte LLC regarding the use of our Services and supersede any prior agreements or understandings.

15. Changes to Terms

We reserve the right to update or modify these Terms at any time. Significant changes will be communicated to you through appropriate channels, such as email notification or a prominent notice on our website. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

16. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information. By using our Services, you consent to our collection and use of personal data as outlined therein.

17. Contact Information

If you have questions about these Terms, you can contact us at:

Latent Byte LLC
5900 Balcones Drive
Suite 100
Austin, TX 78731
Email: support@latentbyte.com

By using our Services, you acknowledge that you have read, understood, and agreed to these Terms of Service.