Terms of service

1. Acceptance of terms

Welcome to AuraByt Inc. By accessing and using this website (the "Site"), operated by AuraByt Inc. ("AuraByt", "we", "us", or "our"), you accept and agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations.

If you do not agree to these Terms, you must not access or use the Site.

These Terms constitute a legally binding agreement between you and AuraByt Inc. By using the Site, you represent that you are at least 18 years of age and have the legal capacity to enter into these Terms.

These Terms cover your use of this Site. Work we do for a client is governed by the project agreement and statement of work we both sign before that project starts.

2. Definitions

For the purposes of these Terms:

• "Site" refers to the website located at https://aurabyt.com and all associated web pages and services
• "Services" refers to the information published on the Site about the services AuraByt Inc. offers: websites, online ordering and booking, web apps and SaaS, and private AI
• "Content" refers to all text, images, code, designs, logos, and other materials on the Site
• "User", "you", "your" refers to the individual or entity accessing or using the Site
• "We", "us", "our" refers to AuraByt Inc.

3. Use of the Site

This Site is provided for your personal and non-commercial use to:

• Learn about our services and capabilities
• View our portfolio and case studies
• Read our blog and educational content
• Contact us for business inquiries

3.1 Licence to use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Site for its intended purposes. This licence does not include:

• Any resale or commercial use of the Site or its Content
• Collection and use of any product listings, descriptions, or prices
• Any derivative use of the Site or its Content
• Any downloading or copying of account information for the benefit of another entity
• Any use of data mining, robots, or similar data gathering and extraction tools

3.2 Prohibited activities

You expressly agree not to:

• Illegal use: Use the Site for any unlawful purpose or in violation of these Terms or any applicable local, state, national, or international law
• Unauthorized access: Attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site
• Interference: Interfere with or disrupt the Site, servers, or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of such networks
• Automated access: Use any robot, spider, scraper, or other automated means to access the Site without our express written permission
• Harmful code: Upload, transmit, or distribute viruses, malware, or any other harmful code
• False information: Submit false, misleading, defamatory, or spam content through our contact forms or other communication channels
• Reverse engineering: Reverse engineer, decompile, or disassemble any portion of the Site
• Framing: Frame or mirror any part of the Site without our prior written consent
• Impersonation: Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• Intellectual property violation: Infringe upon the intellectual property rights of others

4. Intellectual property rights

4.1 Ownership

All Content on this Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, designs, and the compilation thereof (the "Site Content"), is the exclusive property of AuraByt Inc., its affiliates, or its content suppliers and is protected by:

• Canadian and international copyright laws
• Trademark laws
• Patent laws
• Trade secret laws
• Other intellectual property laws and treaties

4.2 Trademarks

The AuraByt Inc. name, logo, and all related names, logos, product and service names, designs, taglines, and slogans are trademarks of AuraByt Inc. or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners. AuraByt is a registered trademark of AuraByt Inc. in Canada (registration no. TMA1433804).

4.3 Portfolio and case studies

All portfolio projects, case studies, and client work displayed on the Site remain the property of their respective owners and clients. We display these materials with permission to showcase our capabilities. Any unauthorized use of such materials is prohibited.

4.4 Copyright infringement

We respect the intellectual property rights of others. If you believe that any content on our Site violates your copyright, please contact us at connect@aurabyt.com with:

• A description of the copyrighted work that you claim has been infringed
• The location on the Site where the alleged infringing material is located
• Your contact information
• A statement that you have a good-faith belief that the disputed use is not authorized
• A statement, under penalty of perjury, that the information in your notice is accurate
• An electronic or physical signature of the copyright owner or authorized representative

5. User submissions

Any information, feedback, data, questions, comments, suggestions, or other materials you submit through our contact form, email, or other communication channels ("Submissions") will be treated in accordance with our Privacy Policy.

5.1 Licence to use submissions

By submitting content to us, you grant AuraByt Inc. a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, reproduce, modify, adapt, publish, and display such Submissions for the purposes of:

• Responding to your inquiry
• Providing our Services
• Improving our Site and Services
• Creating anonymized case studies or testimonials (with your explicit permission)

5.2 Responsibility for submissions

You represent and warrant that your Submissions:

• Are accurate and truthful
• Do not violate any applicable law or regulation
• Do not infringe any third party's intellectual property rights
• Do not contain any viruses, malware, or harmful code

6. Disclaimers and limitation of liability

6.1 "AS IS" disclaimer

THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND.

To the fullest extent permitted by law, AuraByt Inc. disclaims all warranties, express or implied, including but not limited to:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement of intellectual property rights
• Title
• Accuracy, completeness, or reliability of content
• Uninterrupted or error-free operation
• Freedom from viruses or harmful components

6.2 No professional advice

The content on this Site is for general informational purposes only and does not constitute professional advice. You should not act upon the information on the Site without seeking appropriate professional advice specific to your situation.

6.3 Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AURABYT INC., ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Business interruption
• Cost of substitute goods or services

ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.4 Maximum liability

To the extent liability cannot be excluded by law, our total liability to you for all claims arising from or related to these Terms or your use of the Site shall not exceed CAD $100.

6.5 Jurisdictional limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the above limitations and exclusions may not apply to you, and our liability will be limited to the maximum extent permitted by law.

7. Third-party links and services

The Site may contain links to third-party websites, services, or resources ("Third-Party Sites") that are not owned or controlled by AuraByt Inc.

• We have no control over and assume no responsibility for the content, privacy policies, or practices of Third-Party Sites
• We do not endorse or make any representations about Third-Party Sites
• Your use of Third-Party Sites is at your own risk and subject to their terms and policies
• We are not liable for any harm or damages related to Third-Party Sites

We encourage you to review the terms and privacy policies of any Third-Party Sites you visit.

8. Indemnification

You agree to indemnify, defend, and hold harmless AuraByt Inc., its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all:

• Claims
• Liabilities
• Damages
• Losses
• Costs
• Expenses (including reasonable legal fees)

Arising out of or in any way connected with:

• Your access to or use of the Site
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your Submissions
• Any wilful misconduct by you

9. Termination

We reserve the right, in our sole discretion, to terminate or suspend your access to all or part of the Site, without notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent, harassing, or abusive behaviour
• Misuse of the Site
• At your request
• For any other reason or no reason

Upon termination, your right to use the Site will immediately cease. Sections of these Terms that by their nature should survive termination will survive, including but not limited to intellectual property provisions, disclaimers, indemnification, and limitations of liability.

10. Governing law and jurisdiction

These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law principles.

You agree to submit to the exclusive jurisdiction of the courts located in Ontario, Canada, for the resolution of any disputes arising out of or relating to these Terms or your use of the Site.

11. Dispute resolution

11.1 Informal resolution

Before initiating any formal dispute resolution, you agree to first contact us at connect@aurabyt.com to attempt to resolve the matter informally. We will make good-faith efforts to resolve disputes within 30 days.

11.2 Arbitration

If an informal resolution cannot be reached, any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Site shall be finally settled by binding arbitration in accordance with the Arbitration Act (Ontario) by one arbitrator appointed in accordance with said rules.

• Location: Arbitration shall take place in Ontario, Canada
• Language: The arbitration shall be conducted in English
• Costs: Each party shall bear its own costs of arbitration

11.3 Class action waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and AuraByt Inc. individually. To the fullest extent permitted by law:

• No arbitration or proceeding shall be joined with any other
• There is no right or authority for any dispute to be arbitrated on a class-action basis
• There is no right or authority for any dispute to be brought in a purported representative capacity

12. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that provision shall be:

• Deemed severable from these Terms
• Modified and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law

The remaining provisions of these Terms shall remain in full force and effect.

13. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by AuraByt Inc.

14. Assignment

You may not assign, transfer, or sublicense these Terms or any of your rights or obligations hereunder without our prior written consent. We may freely assign these Terms. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

15. Entire agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Site, constitute the entire agreement between you and AuraByt Inc. concerning your use of the Site and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us.

16. Changes to terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If we make material changes, we will provide notice by:

• Posting the new Terms on this page
• Updating the "Last updated" date at the top of this page
• For significant changes, providing additional notice such as a banner on our homepage or email notification

Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. If you do not agree to the revised Terms, you must stop using the Site.

It is your responsibility to review these Terms periodically for changes.

17. Contact information

If you have any questions, concerns, or comments about these Terms of Service, please contact us:

Response time: We reply to all inquiries within one business day.

18. Acknowledgment

BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.