Terms of Service

By accessing or using our Services, you confirm that you can form a binding contract with dinobyt and that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services. You may not use the Services if you are barred by applicable law or are located in an embargoed country or on any sanctions list.

We provide software design and development services, including AI‑assisted prototyping, integrations, data pipelines, and related consulting (the "Services"). Specific deliverables, timelines, and acceptance criteria may be documented in an order form, SOW, or written agreement (collectively, an "Order"). In case of conflict, an executed Order controls over these Terms.

• Safeguard credentials; you are responsible for all activity under your account.
• Provide accurate information and keep it current.
• Notify us promptly of any unauthorized access or security incident.

• Fees are specified in the applicable Order (hourly rates typically begin at $25/hr for Starter).
• Unless otherwise stated, invoices are due upon receipt and payable in USD. Late amounts may accrue interest at 1.5% per month (or the maximum allowed by law).
• Fees are exclusive of taxes; you are responsible for applicable taxes and duties.
• Deposits, retainers, or prepayments may be required for project scheduling.

• We retain ownership of pre‑existing materials, frameworks, and know‑how ("Background IP").
• Upon full payment, we assign to you all right, title, and interest in the specifically commissioned deliverables described in the Order ("Project Deliverables"), excluding Background IP and third‑party components.
• To the extent Background IP is included in Project Deliverables, we grant you a non‑exclusive, worldwide, perpetual license to use it as incorporated.

You grant us a limited license to use your data, materials, and marks solely to provide the Services and as permitted in the Order. You represent that you have obtained all necessary rights and consents to provide such content and that your use complies with law.

Each party may receive confidential information from the other. The receiving party will protect such information using at least reasonable care, use it only to perform under these Terms or an Order, and not disclose it to third parties except to personnel and subprocessors with a need to know and under confidentiality obligations. These obligations survive for five (5) years after disclosure, or longer if required by law for trade secrets.

• We may use third‑party AI models, APIs, or services ("AI Providers"). Their terms and usage caps apply. You authorize us to configure such services on your behalf per the Order.
• AI outputs can be probabilistic and may contain errors or bias. You are responsible for human review and downstream use, including compliance, safety, and regulatory obligations.
• Unless expressly agreed, you will not use AI outputs for decisions that produce legal or similarly significant effects without appropriate safeguards.
• For datasets you supply, you represent that collection and use complies with applicable privacy and IP laws.

• No illegal, harmful, or abusive activity; no infringement or violation of others’ rights.
• No attempting to bypass security, rate limits, or service restrictions.
• No production deployment of beta features without adequate testing and safeguards.

Integrations and third‑party services (e.g., cloud providers, databases, AI Providers) are subject to their own terms and privacy policies. We are not responsible for third‑party services or for downtime or changes outside our control.

We may provide alpha/beta/experimental features. They are provided "as is" without warranties and may be discontinued at any time. You assume all risk arising from their use.

Our handling of personal data is described in our Privacy Policy (the "Privacy Policy"). Where required, the Privacy Policy is incorporated by reference. For data processing subject to privacy laws, the parties may enter a Data Processing Addendum ("DPA").

We implement reasonable technical and organizational measures appropriate to the risk, including access controls, network protections, and vulnerability management. You are responsible for your own account security and for securing your infrastructure and credentials.

EXCEPT AS EXPRESSLY SET OUT IN AN ORDER, THE SERVICES AND ALL MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR‑FREE, SECURE, OR UNINTERRUPTED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DINOByT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE EVENT.

You will defend, indemnify, and hold harmless dinobyt and its affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your use of the Services or your breach of these Terms or applicable law.

• Either party may terminate an Order for material breach not cured within 30 days of written notice.
• Upon termination, you will pay for Services performed and expenses incurred through the effective date.
• Sections intended to survive (including Fees, IP, Confidentiality, Disclaimers, Liability, and Indemnity) will survive termination.

These Terms are governed by the laws of the jurisdiction specified in the Order. If no jurisdiction is specified, insert your preferred governing law and venue (e.g., the State of Delaware, USA, with exclusive jurisdiction in the courts located in Wilmington, Delaware). The U.N. Convention on Contracts for the International Sale of Goods does not apply.

• Entire Agreement: These Terms plus any Order constitute the entire agreement and supersede prior understandings.
• Changes: We may update these Terms by posting a revised version with a new "Last updated" date.
• Assignment: You may not assign without our consent; we may assign in connection with a merger, acquisition, or asset sale.
• Severability & Waiver: If any provision is unenforceable, the remainder stays in effect. Failure to enforce is not a waiver.
• Notices: Send legal notices to legal@dinobyt.com.

Questions about these Terms? Email contactus@dinobyt.com.