Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Blackwire LLC ("GetByt", "we", "us", or "our"), the operator of the GetByt platform at getbyt.com and its subdomains (the "Service"). By creating an account or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Who May Use the Service

You must be at least 18 years old and able to form a binding contract to use the Service. If you use the Service on behalf of a business or other organization, you represent that you are authorized to bind that organization to these Terms, and "you" refers to that organization.

2. Definitions

• "Merchant" / "you" — the account holder who builds, publishes, and operates a website or online store using the Service.
• "End Customer" — a visitor to or purchaser from a website operated by a Merchant.
• "Your Content" — text, images, products, and other materials you upload, create, or generate through the Service.
• "Published Site" — a website you have published using the Service, including any connected custom domain.

3. Description of the Service

GetByt provides an AI-assisted website builder, website hosting, optional custom-domain connection and registration (through a third-party registrar), and e-commerce tools that allow Merchants to sell physical and digital products to their End Customers. We may add, modify, suspend, or discontinue features at any time with reasonable notice where practicable.

4. Account Registration and Security

You must provide accurate, current, and complete information when registering and keep it up to date. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us promptly at support@getbyt.com if you suspect unauthorized use.

5. Subscriptions, Fees, and Billing

• Paid plans are billed in advance on a recurring basis (monthly or annually) until cancelled. Prices are in U.S. dollars and exclude applicable taxes, which may be added.
• You authorize us (and our payment processor) to charge your payment method for all fees due under your plan, including automatic renewals at the then-current rate.
• Plan upgrades take effect immediately; downgrades take effect at the start of your next billing cycle.
• Subscription fees are non-refundable. You may cancel at any time from your dashboard; cancellation stops future renewals but does not entitle you to a refund of the current or any prior billing period, except where a refund is required by law.
• If a payment fails or is reversed, we may suspend paid features until the balance is resolved.

6. E-commerce, Payments, and Your Role as Seller

Payments for sales made through your store are processed by Stripe via Stripe Connect. To accept payments you must create and maintain a Stripe connected account and agree to the Stripe Connected Account Agreement and Stripe's other terms. GetByt facilitates these payments but is not a bank, payment processor, or party to the sale between you and your End Customers.

You are the seller of record. As a Merchant, you are solely responsible for:

• your products and services, including their description, pricing, quality, safety, and legality;
• order fulfillment, shipping, digital delivery, and customer service;
• your own returns, refunds, cancellations, and chargeback handling with End Customers;
• determining, collecting, and remitting all applicable sales, use, VAT, and other taxes; and
• complying with all laws applicable to your business, including consumer-protection, product-safety, advertising, and privacy laws.

Platform transaction fee. For each sale processed through the Service, GetByt charges a platform transaction fee based on your plan: 2% on Starter, 0.5% on Pro, and 0% on Business. Current rates are also shown on our pricing page. This fee is in addition to Stripe's payment-processing fees and is deducted automatically from each transaction. Platform transaction fees already incurred on completed sales are non-refundable, including where you later refund an End Customer.

7. Your Content

You retain ownership of Your Content. You grant GetByt a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for formatting and display), and distribute Your Content solely as needed to operate and provide the Service, including publishing your site. You represent that you have all rights necessary to grant this license and that Your Content does not infringe the rights of any third party.

8. AI-Generated Content

The Service uses artificial intelligence to help generate website layouts, copy, and other materials. AI output is provided "as is." It may be inaccurate, incomplete, or similar to content generated for other users, and it is not guaranteed to be original or free of third-party rights. You are responsible for reviewing, editing, and verifying all AI-generated content before publishing or relying on it, and for ensuring it complies with applicable law. To provide these features, your prompts and related content are sent to our AI service providers for processing (see our Privacy Policy).

9. Acceptable Use

You agree not to use the Service to:

• violate any applicable law or regulation, or facilitate any illegal activity;
• host or distribute malware, phishing pages, or other malicious content;
• send spam or unsolicited communications;
• infringe the intellectual-property, privacy, or other rights of others;
• publish content that is unlawful, defamatory, or promotes violence or hatred against others;
• sell goods or services that are illegal, regulated where you lack authorization, or prohibited by Stripe's restricted-businesses policy;
• access or attempt to access other users' accounts, data, or our non-public systems; or
• interfere with, overload, or impair the Service or its infrastructure.

We may investigate suspected violations and may suspend or terminate offending accounts and remove content, without refund.

10. Custom Domains

If you register or connect a custom domain through the Service, registration is provided through a third-party registrar and is subject to that registrar's terms and to ICANN policies. Domain-registration fees are non-refundable. You are responsible for providing accurate registrant/WHOIS information and for renewing your domain. Connecting a domain you do not control does not grant you rights to it.

11. Our Intellectual Property

The Service, including its software, design, branding, and underlying technology, is owned by GetByt and its licensors and is protected by intellectual-property laws. Except for the limited right to use the Service under these Terms, no rights are granted to you. You may not copy, modify, reverse-engineer, or create derivative works of the Service.

12. Suspension and Termination

We may suspend or terminate your access to the Service if you breach these Terms, fail to pay fees, create risk or legal exposure for us, or if required by law. You may stop using the Service and close your account at any time. Sections that by their nature should survive termination (including fees owed, content licenses you granted for already-published material, disclaimers, limitation of liability, indemnification, and governing law) survive.

13. Cancellation and Data Deletion

• You may cancel your subscription at any time from your dashboard.
• Upon cancellation, your Published Site remains accessible until the end of your current billing period.
• After the billing period ends, your site may be taken offline and your account data and content deleted within 30 days, except records we must retain by law.
• Domain registrations are independent of your hosting plan and remain active until their expiration date.
• You are responsible for exporting any content you wish to keep before deletion.

14. Service Availability

We aim for high availability and target 99.9% uptime for website hosting, excluding scheduled maintenance and events outside our reasonable control. We do not, however, warrant that the Service will be uninterrupted or error-free. Any availability targets are goals and not a guarantee or warranty.

15. Disclaimer of Warranties

The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law. We do not warrant that the Service, or any AI-generated output, will meet your requirements or be accurate, reliable, or error-free.

16. Limitation of Liability

To the maximum extent permitted by law, GetByt and its officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of revenue, profits, data, goodwill, or business, arising out of or related to the Service. Our total aggregate liability for all claims relating to the Service will not exceed the greater of (a) the amounts you paid us in the 12 months before the event giving rise to the claim, or (b) USD $100.

17. Indemnification

You agree to indemnify, defend, and hold harmless GetByt and its officers, employees, and suppliers from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to Your Content, the products or services you sell, your Published Site, your breach of these Terms, or your violation of any law or third-party right, including claims brought by your End Customers.

18. Governing Law and Disputes

These Terms are governed by the laws of the State of Mississippi, United States, without regard to its conflict-of-laws rules. You and GetByt agree to the exclusive jurisdiction and venue of the state and federal courts located in Jackson, Hinds County, Mississippi for any dispute arising out of or relating to these Terms or the Service, and you consent to personal jurisdiction in those courts. Nothing here limits either party's ability to seek injunctive relief.

19. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or through a notice on the Service. Changes take effect when posted (or on the stated effective date), and your continued use of the Service after that constitutes acceptance of the updated Terms.

20. Contact

Questions about these Terms can be sent to legal@getbyt.com or through our contact page.