Terms of Service

Definitions and Scope

In these Terms of Service, "Client" refers to any individual, company, or organization that engages Bytevex for consulting services or accesses our website. "Services" refers to all digital architecture consulting, system review, integration planning, technical documentation, and advisory engagements provided by Bytevex. "Deliverables" refers to all documents, reports, diagrams, recommendations, frameworks, and other materials produced by Bytevex in connection with a service engagement.

"Website" refers to the Bytevex digital presence and all associated subpages and content. "Agreement" refers to any signed service agreement, proposal acceptance, or written correspondence that establishes a consulting engagement between the Client and Bytevex. These Terms of Service apply in their entirety to all interactions, engagements, and transactions with Bytevex, unless specifically superseded in writing by a separate formal agreement between the parties.

These Terms constitute a legally binding agreement. Bytevex reserves the right to update or modify these Terms at any time. Any changes will be reflected on this page with an updated effective date. Continued use of our services following any modification constitutes acceptance of the revised Terms.

Nature of Services

Bytevex provides professional consulting services in the field of digital architecture, technology organization, and systems integration planning. Our services are strictly advisory and structural in nature. We analyze, recommend, document, and plan — we do not implement software, write production code, manage third-party vendor relationships on behalf of the Client, or take operational control of any digital systems.

All recommendations and deliverables produced by Bytevex represent the professional judgment of our consultants based on information provided by the Client. The quality and accuracy of our analysis is directly contingent on the accuracy, completeness, and timeliness of information provided by the Client. Bytevex cannot be held responsible for outcomes resulting from incomplete, inaccurate, or withheld information.

Our services do not constitute legal, financial, regulatory, or cybersecurity advice. Clients requiring guidance in those domains are encouraged to consult appropriate licensed professionals. Nothing in our deliverables should be construed as a guarantee of specific business outcomes, system performance improvements, or cost reductions unless explicitly stated in a signed engagement agreement.

The specific scope, deliverables, timeline, and pricing for each engagement are defined in a separate Engagement Proposal or Statement of Work. In the event of a conflict between these Terms of Service and a signed Engagement Agreement, the signed Engagement Agreement shall take precedence with respect to matters explicitly addressed therein.

Client Obligations

In order for Bytevex to deliver services of the highest possible quality, the Client agrees to fulfill the following obligations throughout the duration of any engagement:

• Provide timely, accurate, and complete information regarding the organization's existing digital infrastructure, tools, processes, and known challenges.
• Designate one or more authorized representatives who are empowered to provide information, make decisions, and respond to requests from Bytevex within reasonable timeframes.
• Review and provide feedback on draft deliverables within the timeframes specified in the Engagement Agreement. Delays in Client feedback may extend the project timeline without affecting the billing schedule.
• Ensure that Bytevex is granted access to all necessary documentation, system overviews, and organizational information required to fulfill the engagement scope.
• Refrain from using Bytevex deliverables in ways that contradict the intended purpose described in the Engagement Agreement without prior written consent.
• Notify Bytevex promptly of any material changes to the organizational context, digital environment, or project scope that may affect the engagement.
• Make all payments in accordance with the payment schedule established in the Engagement Agreement.

Failure to meet these obligations may result in delays, suspension of services, or termination of the engagement, as determined by Bytevex at its sole discretion.

Intellectual Property Rights

All methodologies, frameworks, processes, templates, and proprietary knowledge developed by Bytevex prior to or independent of any client engagement remain the exclusive intellectual property of Bytevex. This includes, without limitation, the Digital Chiralism framework, all internal assessment tools, analytical processes, and standard operating procedures used in the delivery of services.

Deliverables created specifically for a Client during an engagement — including custom diagrams, process documentation, integration plans, and architectural recommendations — are transferred to the Client upon receipt of full payment for the engagement in which they were produced. This transfer constitutes a non-exclusive, non-transferable license for the Client's internal business use only.

The Client may not reproduce, resell, sublicense, distribute, or publish Bytevex deliverables for commercial purposes without prior written consent from Bytevex. The Client may share deliverables internally with employees and contractors who have a direct need for access in connection with implementing the recommendations therein.

Bytevex retains the right to reference the general nature of an engagement — without disclosing confidential client information — for the purpose of describing its services, capability areas, and experience. Any public case study or detailed reference requires explicit written approval from the Client.

Confidentiality

Bytevex understands that Clients may share sensitive business information, proprietary processes, and internal organizational data in the course of an engagement. All such information will be treated as strictly confidential and will not be disclosed to any third party without the Client's prior written consent, except as required by law or regulation.

Bytevex personnel who work on client engagements are bound by internal confidentiality obligations consistent with the commitments described in these Terms. We implement reasonable organizational and procedural safeguards to protect client information from unauthorized access or disclosure.

The confidentiality obligations in these Terms survive the termination of any engagement for a period of three (3) years. Excepted from these obligations is any information that: (a) was already in the public domain at the time of disclosure; (b) was rightfully known to Bytevex prior to disclosure; (c) was independently developed by Bytevex without reference to the Client's confidential information; or (d) was disclosed as required by applicable law.

Payment Terms

All fees for Bytevex services are agreed upon prior to the commencement of any engagement and documented in the Engagement Proposal or Statement of Work. Bytevex does not begin work on any engagement until the payment terms have been agreed upon in writing.

Unless otherwise specified in the Engagement Agreement, the following default payment terms apply:

• A deposit of fifty percent (50%) of the total engagement fee is due prior to the commencement of work.
• The remaining balance is due upon delivery of the final deliverables, prior to formal handoff.
• Payments are due within fourteen (14) calendar days of invoice issuance.
• Overdue payments are subject to a late fee of 1.5% per month on the outstanding balance.

All fees are quoted and payable in United States Dollars (USD). Bytevex reserves the right to suspend or terminate services for any engagement in which payment obligations are more than thirty (30) days overdue. Resumption of suspended services requires settlement of all outstanding balances plus a reinstatement administrative fee as specified by Bytevex.

Limitation of Liability

To the fullest extent permitted by applicable law, Bytevex shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising from or related to the use of our services or website, even if Bytevex has been advised of the possibility of such damages. This limitation applies regardless of the theory of liability, whether in contract, tort, negligence, strict liability, or otherwise.

In no event shall the total aggregate liability of Bytevex arising from or related to any single engagement exceed the total fees paid by the Client for that specific engagement during the twelve (12) month period immediately preceding the claim. For website use not connected to a paid engagement, Bytevex's total liability shall not exceed one hundred US dollars ($100.00).

Bytevex does not warrant that the results of our consulting services will meet any particular standard of quality or achieve any specific business outcome. Our deliverables represent professional recommendations based on available information and are not guarantees of performance.

Termination

Either party may terminate an engagement by providing written notice to the other party. The consequences of termination depend on the circumstances and timing as follows:

• If the Client terminates an engagement after work has commenced, the Client is responsible for payment of all work completed up to the date of termination, calculated on a pro-rata basis or as otherwise specified in the Engagement Agreement.
• If Bytevex terminates an engagement due to a Client's material breach of these Terms or the Engagement Agreement, the Client remains responsible for all fees accrued to the date of termination.
• If Bytevex terminates an engagement without cause, any prepaid fees for work not yet completed will be refunded to the Client within thirty (30) business days.

Upon termination, each party shall return or destroy any confidential materials belonging to the other party, subject to any legal or regulatory retention requirements. The provisions of these Terms relating to intellectual property, confidentiality, limitation of liability, and governing law shall survive the termination of any engagement.

Website Use

The Bytevex website is provided for informational purposes only. Users are permitted to access and view website content for personal, non-commercial purposes. Any reproduction, distribution, or commercial use of website content without prior written consent from Bytevex is prohibited.

Bytevex makes no warranties regarding the accuracy, completeness, or currency of information presented on the website. Website content is subject to change without notice. We are not liable for any reliance placed on website content by users.

Users agree not to engage in any activity that could compromise the security, integrity, or availability of the website, including but not limited to unauthorized access attempts, scraping, or distribution of malicious software.

Governing Law and Dispute Resolution

These Terms of Service and any dispute arising from or related to the services provided by Bytevex shall be governed by and construed in accordance with the laws of the State of Colorado, United States of America, without regard to its conflict of law provisions.

In the event of a dispute, the parties agree to first attempt to resolve the matter through good-faith negotiation. If negotiation fails within thirty (30) days, the parties agree to submit the dispute to mediation before a mutually agreed mediator in Pueblo County, Colorado. If mediation does not resolve the dispute, the parties consent to exclusive jurisdiction in the state or federal courts located in Pueblo County, Colorado.

Bytevex reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of its intellectual property rights or confidentiality obligations.