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Welcome and thanks for using inbytee.com

inbytee.com is wholly owned and operated by INBYTEE, LLC, a California Limited Liability Company.

InBytee operates this website www.inbytee.com, the mobile version and mobile apps ("App", "Apps" is currently under development ) version (collectively, “the Site" or “the Website”).

Through the site, INBYTEE, LLC provides a platform on which to create, customize, personalize, send, distribute, and receive digital invitations and cards.

The InBytee "Privacy Policy", together with these "Terms of Use" are collectively referred to as the "Terms of Use" or "Terms of Service”, or “Terms”. In these Terms Of Use, the words "including" and "include" mean "including, but not limited to."

Please read these Terms of Use carefully to ensure that you understand each provision because they constitute a legally binding AGREEMENT between you ("you", "your", "customer") and INBYTEE, LLC (“InBytee”, “inbytee.com", “Company”, "We", "Us" or "Our"), that govern your access and use of the Website, Application, Online Services and Technology Platform (collectively, “the Service”, or “the Platform", “InBytee Services" or the “InBytee Platform"), and supersede all prior agreements between the parties regarding the subject matter contained herein.

By visiting, browsing, placing an order or making a purchase, or using in any manner the Service or page controlled by InBytee, regardless of how you access it, by desktop, laptop, or tablet computer, or through a mobile phone or other wireless or internet enabled device (each a " Device") or otherwise, you agree to be bound by all terms, and conditions, and provisions outlined in our Terms of Service.

In addition, when using particular features on or through the Service, you shall be subject to any additional posted policies, terms, and guidelines applicable to such features, including any terms or conditions applicable to features provided in conjunction with any of our content and service partners. All such rules and guidelines are hereby incorporated by reference into these Terms of Service.

You may not use or access the InBytee Services, or Site if you are not fully able and legally competent to agree to these Terms, or if you are not authorized to use the InBytee Services, Site or Platform by your parent or legal guardian. If you are under the age 13 years, you may only use the InBytee Services, or Site with the consent of your parent or legal guardian. Be sure your parent or legal guardian has reviewed and discussed these Terms with you.

If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity; that such entity accepts these Terms, and that you have the authority to bind such entity to this Terms of Use, in which case the terms “you” or “your” shall refer to such entity (other than the references in this sentence and the following sentence). If you do not have such authority, you must not accept these Terms and may not use the Service on behalf of such entity.

IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS SITE; LEAVE THE SITE AT ONCE; YOU MAY NOT USE OR ACCESS ANY SERVICE ON OR PORTION OF THIS SITE.

InBytee retains the right, at our sole discretion and without prior notice, to deny service or access, or altogether terminate access, and/or block future access to the Site, to you, or anyone or any account, at any time and for any reason.

CHANGES TO TERMS OF USE

InBytee reserves the right at any time and without prior notice to discontinue, modify, change, revise supplement, delete or add to any part of these Terms of Use. Any change, revision, modification and additions shall be effective immediately; provided that these changes will not apply to an Order purchased prior to the effective date of such changes. You are responsible for reviewing these Terms of Use periodically for any modification or changes. Your continued use of or access to the Site following the posting of any changes to these Terms of Use shall mean that you have accepted the changes in their entirety. We will notify you of any changes to these Terms of Use by, at a minimum, revising the "Last Updated" date at the top of this Terms of Use.

DESCRIPTION OF SERVICE

InBytee is an online platform that provides tools which give registered users ("Host" or "Sender") the ability create digital online invitations and cards for a multitude of social events and occasions (currently limited to Quinceañeras). To assist in their creation, we have developed pre-designed templates that, within the limits of the platform tools, users can customize by altering a chosen card’s text and color.

Upon completion of customization, the Service allows the Host to send — for a fee, by purchasing an appropriate product package — the invitation or card to individuals ("Guest", Invitee", or "Recipient") via email, SMS/Text (currently under development), or a sharable link; receive and track RSVPs and other responses from invitees to their event.

For sending via email, the Host will be asked to supply email addresses; for SMS/Text, the Host will be asked to supply mobile phone numbers.

The Service also provides recipients who received communication through the platform, the ability to communicate their response regarding their participation to the event.

All Hosts, Guests, and browsers who access or interact with the Website are considered "Users".

We do not share email addresses or mobile phone numbers with any outside party except in extremely limited circumstances, which are described in our privacy policy.

ACCESS REQUIREMENTS AND OBLIGATIONS

In order to access certain features and functions of the Service, you must register and maintain an account (“Registered Host“ or “Registered User”) with InBytee.

Only as a registered Host are you allowed to do the following:

• save your designs;
• save, view and access saved information;
• login to the Service and access your account;
• view and edit your information under My Account page;
• make a purcahse on InBytee;
• send out InBytee invitations or cards;
• save, view and access saved information;
• save addresses for mailings;
• track responses from invitees or guests;
• retrieve a shareable link that you can send to invitees by including it in a a third party messaging service, such as your personal, email, phone, or other messaging apps.

Please note that not all of the features listed above immediately preceding this sentence may be available at any given time and that InBytee may require registration for additional features that may be developed or added to the Service in the future.

Unless otherwise indicated, anybody who is simply responding to an InBytee invitation or browsing through the publicly accessible sections of the Service is not required to register or establish an account.

In order to register and establish an account with InBytee and become a Registered Host or Registered User, you are required to supply your first name and last name, and valid email address; that email address will be used as a unique identifier for your account. You will also be required to set a password.

YOUR ACCOUNT

You may only possess one account on the Service. You are the only authorized user of your account.

As part of your account and to become a customer, you are required to provide us your full name, email address, and billing address, credit card or debit card information and select a password to access the Service and portions the Site.

You are solely responsible for managing payment, personal information, payment information in your Account for which you agree to maintain complete, accurate and current information.

You are responsible for all activity that occurs under your Account. You may not share, transfer, or lend your login credentials to anyone. We will assume that anyone using the Site or transacting through your account is you, whether or not such access was authorized by you. You are responsible for maintaining the secrecy of your Account username or email, and password at all times. You agree to notify us immediately if you become aware of any unauthorized access to your account or any breach of security. You understand and agree that We are not responsible for any loss or damage arising from your failure to protect your login credentials or from unauthorized use of your account.

While we reserve the right to access your account to ensure the security, quality, and proper functioning of our website and services, we have no obligation to monitor account activity or notify you of any changes or potential issues related to your account.

Any violation of these Terms Of Use or any policy on the Service, including failure to maintain updated and correct information about your account, will cause your account to fall out of good standing and we may suspend, restrict, or terminate your account in our sole discretion.

Your use of the Service is subject to all applicable local, state, national and international laws and regulations.

LICENSE TO USE THE SITE, SERVICE AND PLATFORM

Subject your compliance with these Terms of Use and our policies, InBytee grants you a personal, limited, non-exclusive, revocable, non-sublicensable, non-assignable, non-transferable license, during the term of this Agreement, to electronically access and use the Site, Service and Platform on a device or computer that you own or control. The InBytee Platform and Service includes the InBytee website, any mobile applications, software, programs, documentation, tools, internet-based services, features, components, and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) thereto. All rights not expressly granted to you are reserved by Company, its Affiliates and their respective licensors.

OWNERSHIP AND INTELLECTUAL PROPERTY

For the purposes of these Terms of Use, "Intellectual Property Rights" means and includes all database rights, all rights to data collected through or from the InBytee Website and Platform, patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademarks (whether registered or unregistered), trade dress and service mark rights, goodwill, trade secret rights, design rights (whether registered or unregistered), rights to audiovisual content, video recordings, audio recordings, photographs, fonts, graphics, illustrations, artwork, text, social media identifiers, any underlying technology, software and computer codes and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

You acknowledge and agree that, as between you and Company, all Intellectual Property Rights in the InBytee Site, Service, and Platform (including any template or layout in which you arrange or organize images, text, fonts and any User-Provided Content through tools and features made available through the InBytee Site, Service, and Platform) shall be owned by Us absolutely and in their entirety

All third-party trademarks, service marks, trade names, trade dress, product names, company names and logos appearing on the site are the property of their respective owners. You understand that use of them on the Site does not imply any affiliation with Company or endorsement of Company by them.

Nothing contained on the Service should be construed as granting, explicitly, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

RESTRICTIONS ON THE USE OF THE SERVICE

You agree that You shall not, and shall not permit any third party to do any of the following:

• access or monitor any material or information on any InBytee system using any manual process or robot, spider, scraper, or other automated means;
• improperly use the InBytee Sitem or App, including creating Internet "links" to any part of the InBytee Site, or App, "framing" or "mirroring" any part of the InBytee Site, or App on any other websites or systems;
• send unsolicited or unauthorized advertising, promotional material, "spam”, "chain letter”, "junk mail”, "pyramid scheme”, survey, contest, investment opportunity, or any other form of solicitation, or use any distribution lists including any person who has not given specific permission to receive such advertising or materials or be included in such a process (commercial or otherwise);
• download (other than page caching), copy, reproduce, alter, modify, redesign, adapt, translate, reconfigure, create derivative works (whether in whole or in part) , publicly display, republish, upload, post, transmit, resell or distribute, reverse engineer, dismantle, decompile, or otherwise reduce in any way material or information from the InBytee Site, or App;
• permit any third party to use and benefit from the InBytee Site, or App via a rental, lease, timesharing, service bureau or other arrangement;
• transfer any rights granted to you under this Agreement;
• license, sublicense, rent, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party any content, software, products or services obtained (a) from any portion of or through the Site; or (b) based on the Service;
• violate the restrictions in any robot exclusion headers on the Site or any InBytee service or product, work around, bypass, or circumvent any of the technical limitations of the InBytee Site, use any tool to enable features or functionalities that are otherwise disabled in the InBytee Site;
• perform or attempt to perform any actions that would interfere with the proper working of the InBytee Site, or App, prevent access to or use of the InBytee Site, or App by our other customers, make multiple server requests per second or impose an unreasonable or disproportionately large load on our infrastructure;
• otherwise use the InBytee Site, or App except as expressly allowed under this section;
• attempt to gain unauthorized access to the InBytee Site or its related systems or networks.

USER CONTENT

Our Site is private property. There are certain areas in the Site that may allow users to submit text, fonts, images, photographs or illustrations, post text feedback, reviews, opinion, comments and suggestions ("User Content", "User Submission" or "User-Provided Content"). You agree that any User Content provided by you is non-confidential and non-proprietary to you. You understand and agree that you automatically grant InBytee a non-exclusive, royalty-free, perpetual, irrevocable and fully assignable and sublicensable right to use, store, reproduce, modify, adapt, publish, print, translate, edit, reformat, create derivative works (whether in whole or in part) from, disseminate and display any and all of your User-Provided Content —including your likeness— throughout the world for any purpose and in any media (including for advertising or other commercial use), without acknowledgment or compensation to you. You are also granting to us the non-exclusive right to seek to enjoin and/or obtain damages from any third party from the unauthorized use or reproduction of your User-Provided Content. You also grant InBytee the right to authorize the downloading and printing in whole or in part of any Materials that you post to the Service. If we publish or print your User-Provided Content or authorize or license others to do so, your User-Provided Content may be edited for length or clarity or for any other reason either before or after it is published or printed. We reserve the right, but shall not be obligated, to edit or remove any User-Provided Content from the InBytee.com site at any time and for any reason, without notice to you. Company does not provide any confidentiality with respect to any User Submission.

You are solely responsible for any and all material, whether or not digitally created, that you upload, post, publish or display, or email or send via text message, or otherwise transmit or use via the Service.

You agree not to post, transmit, or otherwise make available, through or in connection with the Service anything that:

• may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
• may create a risk of any other loss or damage to any person or property;
• may constitute or contribute to a crime or tort;
• seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• contains any information or content that is unlawful, harmful, intimidating, hateful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable;
• is indecent, vulgar, obscene, sexually explicit, pornographic or otherwise objectionable;
• content that sexually exploits, abuses, or endangers children, or portrays in any way a minor engaging in sexually suggestive or explicit conduct;
• harms minors in any way;
• contains any information or content that is illegal;
• contains any information or content that you do not have a right to transmit or make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• contains any information or content that you know is not correct and current;
• contain software that may be a virus, Trojan Horse, worm, time bomb, spyware, cancelbot, or other computer code, file or program that is harmful or invasive or that may or is designed to interrupt, damage , destroy, limit the functionality, hijack the operation, or to monitor the use, of any computer software or hardware or telecommunications and electronic equipment;
• contain software or other material that violates or invades the intellectual property rights (or rights of privacy or publicity) of any third party.

You agree that any User Content that you provide does not and will not violate any law or infringe any rights of any third party, including without limitation any Intellectual Property Rights, publicity rights or rights of privacy. You agree to be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from any post or submission by you.

You acknowledge and agree that, as regards User Content, we reserve the right (but have no obligation) to monitor the submission of any material, alter, remove, or refuse to post, disclose any material or any communication through the Service, and the circumstances surrounding the transmission thereof, to any third party as permitted in Company’s Privacy Notice, comply with applicable laws, respond to governmental inquiries or requests, any valid legal process.

You understand that submitting or publishing your User Content on the Site is not a substitute for registering it with the U.S. Copyright, the Writer's Guild of America, or any other rights organization.

You agree that InBytee cannot and will not be liable for any damages you allege to incur as a result of indecent, offensive, inaccurate, deceptive or objectionable User-Provided Content that you or any other Users or third parties post on the Site.

You agree that Company cannot and will not, under any circumstance, be liable for any damages, any user or third party allege to incur as a result of errors including, but not limited to: omissions, misspelling, graphics, grammar, spelling, fonts, punctuation, mispositioned, incorrect or missing images found in any material posted, emailed, uploaded, or otherwise transmitted via The Service.

You accept full legal responsibility and liability for any and all content of material processed on your behalf.

You agree to hold Company harmless for any dispute arising from any third party re-posting of your User-Provided Content to any outside website. InBytee expressly disclaims any and all liability in connection with User Submissions.

You understand and agree that by using the Service, you may be exposed to materials posted by other users that may be objectionable, offensive, or indecent .

You acknowledge and agree that upon a request from a Guest, you will remove that Guest’s name from any list on the Service to which you have been authorized by us to access, or we will remove it, if the Guest emails help@inBytee.com.

MORE PROHIBITED ACTIVITIES

Any of the following activities are prohibited on the Service and committing any of one them constitute violations of these Terms of Use:

• Impersonating any person or entity, including without limitation any of our officials, or hosts, or guest; or falsely stating or otherwise misrepresenting your affiliation with a person or entity, including by providing false or fictitious email addresses, telephone numbers or other personal contact information (whether such information for you or any other person); or express or imply that we endorse any statement you make;
• Stalking, threatening, defaming or otherwise harassing any other user of our Site, or App;
• Submitting or transmitting of hate speech or material inciting or advocating terrorism or violence;
• Violation or breach of any person's privacy or publicity rights;
• Attempting to, or actually accessing or logging into an account that is not yours;
• Attempting to breach security or authentication measures of the Site or another user's account;
• Using manual or automated software, devices, scripts, computer code or application, "spider”, robots or other means or processes to access, retrieve, index, "scrape", "crawl”, "data mine" or in any way gather Content or Materials from the Service or reproduce or circumvent the navigational structure or presentation of the Service;
• Attempting to, or actually interfere with, damage, impair disable our Site or Platform, by any means, including, without limitation, submitting or transmitting computer code or material that contain any viruses, trojan horses, worms, defects, or other harmful items, or attempts at overloading the Site through the use of "denial-of-service attacks", "spamming", "flooding" or "mail-bombing";
• Linking directly or indirectly to any other web sites;
• Modifying another website or any portion of it and utilizing the website to falsely imply that it is associated with inBytee;
• Providing false or deceptive information;
• Infringing or violating any patent, copyright, trademark, trade secret of Company or any third-party;
• Removing any copyright, trademark or other proprietary rights notice from the Service or Content or Materials originating from the Service;
• Exceeding the quantity limit on a product package or order;
• Attempting to, or actually altering pricing or the payment method;
• Engaging in commercial activities, or solicitation of funds, promotion, advertising, or solicitation for goods or services, within the Platform;
• Reproducing, duplicating, copying, selling, reselling or otherwise exploiting for any commercial purposes, any portion of, use of or access to the Service;
• Intentionally or unintentionally violate any applicable local, state, national or international law;
• Uploading photographs or images of people who have not given permission for their any image representing their likeness to be uploaded to the Site;
• Attempting to, or actually registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party, if your account has been suspended or terminated by us;
• Soliciting the personal information, harming, violating, or exploiting in anyway, any person who is under the age of 18 years or considered a minor;
• Displaying or depicting any form of human nudity;
• Restricting or inhibiting any other person from using the Service;
• Framing or mirroring any part of the Service or Software without our express prior written consent; or Forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the Service;
• Cloning or otherwise creating a mailing/event to circumvent purchasing a larger package;
• Using, downloading, or otherwise copying, or providing (whether or not for a fee or any form of compensation) to a person or entity that is not a user of the Service any directory of InBytee’s users or usage information or any portion thereof other than in the context of your use of the Service as permitted under these Terms of Service;
• Obtaining or attempting to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service;
• Create a database by systematically downloading and storing content from the Service;
• Placing or attempting to place an order or make a purchase if you are under the age of eighteen (18) years;
• Engage in any other conduct which, in InBytee’s sole discretion, is considered inappropriate, unauthorized or objectionable.

TERMINATION

You agree that we reserve the right, at our sole discretion, to suspend or terminate your account and access to the Service at any time, without notice, for any reason, including but not limited to: (1) violation of these Terms of Use; (2) violations of any applicable laws, regulations, or third-party rights (3) any conduct that we determine, in our sole judgment, to be harmful, fraudulent, abusive, or disruptive to the Service or other users. In the event of any suspected illegal activity or violation of laws, we may, at our discretion, report such activity to law enforcement authorities and fully cooperate with their investigations, including disclosing any relevant information as required by law. If your account is terminated, you will lose access to all associated data, and we shall not be liable for any loss resulting from such termination. Your obligations under these Terms, including any indemnifications, warranties, and limitations of liability, shall survive termination.

THIRD PARTY WEBSITES OR SERVICE

The Service, or our Users may provide links to websites operated by third parties ("Third Party Websites"). InBytee has no control over, and assumes no responsibility for the content, terms, privacy policies, or practices of any third party websites. The inclusion of any link in the Service is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by us of any information contained in any Third Party Website.

You acknowledge and agree that access to any Third Party Website is at your own risk. In no event will we be responsible for the information contained in such Third Party Websites and You expressly relieve us from any and all liability arising from your use of or inability to use the Site, as well as any Third Party Website. 

NETWORK ACCESS

You acknowledge and agree that Company has no obligation or responsibility whatsoever to furnish You with any computing device, desktop computer, laptop computer, mobile smart-phone, tablet computer, internet connection or wireless data plan.

You acknowledge and agree that: (a) an Internet connection or mobile data plan with a wireless carrier or internet service provider associated with Your computing device mobile phone or tablet is required to access the InBytee Website and Platform; (b) you are solely responsible for any fees and costs associated with that Internet connection or mobile data plan, such as any and all fees of Internet access providers, regardless of data usage limit; (c) access to and use of InBytee.com and The Service on Your computing device mobile phone or tablet may consume very large amounts of data through your data plan, for which you are responsible for all associated fees and charges. Under no circumstances will Company be responsible for any data network, internet connection, wireless e-mail, text messaging, or other charges incurred by you.

InBytee makes no guarantee whatsoever that the Site, the Platform and the Service or any portion thereof will function on any particular device.

InBytee does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be subject to malfunctions, interruptions and delays in service or events that are beyond our control. In addition, Company is not responsible for the security of information or any data lost during transmission.

DELIVERY OF CONTENT OR MESSAGE

You understand and agree that We make no warranties regarding the successful or correct delivery, continuous availability of content, including email, sms, text, mms, and that access to any content may be interrupted at any time without notice. You further understand that delivery of content by means of the Services may involve transmissions over various networks, and that the content could be reformatted or otherwise revised to conform to the formatting or technical requirements of such networks. Neither InBytee nor mobile carriers nor any third party provider involved in the delivery or transmission of messages are liable for revised, misconfigured, delayed or undelivered messages. 

ACCESSIBILITY

We strive to adhere to current Web Content Accessibility Guidelines (WCAG) Level AA standards in our ongoing effort to provide an accessible website for all users. Should you encounter an accessibility issue, then please be sure contact us at help@inbytee.com, and specify the web page and nature of the issue.

COPRIGHT AND COPYRIGHT NOTICES

We respect the intellectual property rights of others and expect our users to do the same. All content, trademarks, and intellectual property displayed on or made available through our services belong to their respective owners. Unauthorized use of any content may violate copyright, trademark, and other applicable laws. If you believe that any content on our platform infringes upon your copyright, you may submit a Notice of Copyright Infringement to our designated Copyright Agent.

Registered Copyright Agent
InBytee, LLC
2108 N St., Ste N
Sacramento, CA 95816
help@inbytee.com

Please provide the following details in writing to our Copyright Agent:

• Your Contact Information: Full name, mailing address, phone number, and email address.
• Identification of Copyrighted Work: A description of the copyrighted work that you claim has been infringed.
• Identification of Infringing Material: A detailed description or a URL link to the location of the infringing material on our platform.
• A Statement of Good Faith Belief: A written statement that you have a good faith belief that the use of the content is not authorized by the copyright owner, its agent, or the law.
• A Statement of Accuracy: A declaration that the information provided in the notice is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner.
• Your Signature: A physical or electronic signature of the copyright owner or an authorized representative.

Upon receipt of a valid claim, we will take appropriate action, including removing or restricting access to the allegedly infringing material, in accordance with applicable laws; however, it is often difficult to determine if your copyright has been infringed. InBytee may elect to not respond to notices that do not substantially comply with all of the foregoing requirements, and InBytee may elect to remove allegedly infringing material that comes to our attention.

MODIFICATION OF THE SERVICE

You agree that InBytee reserves the right, at our sole discretion, to modify, suspend, or discontinue the Service (or any part thereof) at any time, without notice. This includes, but is not limited to: (1) restricting access to the Service based on time, frequency, or any other usage limitations; (2) modifying, updating, removing or adding features, tools, pricing, or content within the Service; (3) suspending or terminating the availability of the Service for any reason, including business needs, maintenance, or unforeseen circumstances. You acknowledge and agree that neither we nor any of our affiliates, shall be liable to you or any third party for any modification, restriction, suspension, or discontinuation of the Service. Your continued use of the Service after any changes constitutes your acceptance of such modifications. If you do not agree to any modifications, your sole remedy is to discontinue using the Service.

NOTICES

FROM US TO YOU

You agree that we may provide you with any notices, updates, or changes related to our Service, including modifications to these Terms of Use, through any of the following methods: (1) Email: Sent to the email address associated with your account; (2) Website Posting: Posted on our website or within the Service. You are responsible for ensuring that the contact information you provide to us remains accurate and up to date. Notices will be deemed received when sent or posted, regardless of whether you have reviewed them.

FROM YOU TO US

Any legal notices, requests, or communications required to be sent to us must be in writing and provided through the following means: (1) Email: Sent to our designated legal or support email address as specified on our website; (2) Certified Mail: Sent via certified or registered mail with return receipt requested to our designated business address.

PURCHASING, PRICES, PAYMENT AND ORDER PROCESSING

You can place an order or make a purchase only if you are at least eighteen (18) years of age.

You can purchase a package for the single-mailing of invitations or cards. We offer tiered pricing on the different packages depending on the maximum number of recipients of Messages to be sent, either by email, sms/text, or Shareable link. The packages start at a limit of 20 people and go up to a limit of 1,000 recipients. Each entry (with or without email or phone number) added to the mailing list or LIST OF RECIPIENTS counts as ONE(1) recipient.

MESSAGING AND DISTRIBUTION LIMITS AND RESTRICTIONS

PERSONALIZED SHARABLE LINKS

Each sharable link generated through our Service is uniquely personalized and designated for a specific corresponding contact. These links are intended for single-use access by the designated recipient only. Any attempt to use a link intended for another person, excessive sharing, or unauthorized use may result in the deactivation of that link and potential restrictions on your account. We reserve the right to monitor link usage and take necessary action to ensure compliance with these terms. By using our Service, you agree to abide by these restrictions and acknowledge that violation of this policy may result in loss of access to the invitation and other features of the Service.

SMS/TEXT

Sending SMS/ Text Messages throughs the platform is currently under development. When it is made available to the public, there will be a limit of 500 messages sent per month. This is to ensure our delivery reputation stays in good standing with partner platforms and carriers. In addition, you understand that standard message and data rates or other charges may apply from the recipient’s mobile carrier.

PRODUCT DETAILS, AVAILABILITY AND ACCURACY

InBytee reserves the right at any time and without prior notice to discontinue, modify, add, change, revise, alter or delete any image, feature, specification, product, description, price, color or design of any product. The inclusion of any product or services on the Site or Platform at any particular time does not imply or warrant that said products or services will be available at any time.

By purchasing, you accept the our Terms of Use and have confirmed that the entered details pertaining to your purchase are correct. Furthermore, in completing said purchase, you agree and acknowledge that: The contact information for the recipient(s) of your purchase, including their name, email, and/or phone number (the “Contact Information”) are correct.

All purchases or orders are subject to approval by InBytee.

All prices displayed in the Site are quoted in United States Dollars ("USD", "$").

We will add any applicable sales/use tax to your order or purchase. You are responsible for paying any and all applicable taxes relating to your purchases.

Pricing is not guaranteed until the checkout process on the Site or App is completed. By confirming your purchase at the completion of checkout process on the Site or App, you agree to accept and pay the total price (including taxes) of your orders.

We reserve the right without prior notice to discontinue or change specifications and prices on products offered through the Site without incurring any obligation to you, provided that these changes will not apply to Orders purchased prior to the effective date of such changes or discontinuation.

In the event of a pricing error on inBytee.com, Company reserves the right to refuse or cancel any orders resulting from such pricing errors.

There will be no refunds once a message from a purchased package is sent (whether to one or all of the recipients). At this point, ALL SALES ARE FINAL.

If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify inBytee within 60 days after they first appear on an account statement. No refund will be due if your account is terminated due to your violation of these Terms of Use.

ORDER ACCEPTANCE

The information on the InBytee Website and Platform does not constitute a binding offer to sell.

Your receipt of an order confirmation does not constitute final acceptance of an order by us. InBytee reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Company, for any reason.

Regardless of whether the order has been confirmed and your debit card or checking account charged, InBytee shall have the right to refuse or cancel orders placed listed at an incorrect price due to typographical or any inadvertent error. Provided that our reason for canceling your order or account is not due to: (1) fraud; (2) any violation by you of these Terms Of Use; (3) or your material breach these Terms Of Use, if your order is canceled by us after your debit card or credit card has been charged, we will issue a credit to your credit card, debit card in the full amount of the charge.

Even if your order is paid in full, InBytee reserves the right to cancel your order for any reason. Provided that our reason for canceling your order is not due to: (a) fraud; (b) any violation by you of these Terms Of Use; (c) or your material breach these Terms Of Use, we will issue a credit to your debit card or checking account in the full amount of the total order price, including taxes.

We reserve the right to limit the quantity of any order per person, per household for any reason without prior notification.

COMMUNICATIONS

FROM US

You, or others on your behalf (such as recipients of a card), may receive messages, notifications, or other communications from us. These communications may include, but are not limited to, promotional messages, transactional updates, service notifications, or product-related updates. You have the option to opt out of promotional communications at any time by following the unsubscribe instructions included in such messages, or by contacting us at help@inBytee.com. Please write "Opt-Out" in the email’s subject line and include your name and the email address you used to sign up for communications in the body of your email. However, even if you opt out, you will continue to receive essential notifications related to your use of the Service, such as order confirmations, delivery details, security alerts, and other necessary account-related communications. Your use of the Service constitutes your consent to receive these communications, and it is your responsibility to ensure that the contact information associated with your account is accurate and up to date.

YOU AND OTHER USERS

Your interactions, communications, and transactions—including but not limited to invitations, promotions, announcements, notifications, marketing messages, and any other form of correspondence—conducted through the Service via email, SMS/Text, MMS, or any other messaging function are solely between you and the respective organizations and/or individuals. By providing phone numbers, email addresses, or other contact information and using the Service to communicate with others, you represent and warrant that: (1) you have obtained the necessary consent from recipients before sending any messages, as required by applicable laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and other federal, state, and international laws governing electronic communications; (2) you are solely responsible for ensuring compliance with all applicable laws regarding messaging and communication, including but not limited to opt-in requirements, opt-out mechanisms, and restrictions on unsolicited messages.

We do not endorse, monitor, or control any interactions between you and any third-party organizations or individuals found through the Service. You assume full responsibility for any consequences, losses, damages, claims, or disputes arising from your use of the Service to send messages or interact with others.

Furthermore, we and our third-party messaging providers and carriers are not responsible for: (1) undelivered, delayed, or misrouted messages; (2) messages flagged as spam or blocked by carriers or email providers; (3) technical failures or errors in transmission; (4) any misuse or unauthorized use of the Service by you or third parties.

You acknowledge that recipients of your messages may incur texting, data, or other charges from their mobile carriers based on their plans. You alone are responsible for informing your recipients of any potential costs associated with receiving messages from you. We and our third-party service providers are not liable for any fees incurred by recipients as a result of your communications.

You agree to indemnify and hold us, our third-party messaging platforms such as Twilio, SendGrid, mobile carriers, and any other service providers we use to facilitate messaging harmless from any claims, liabilities, damages, or legal actions arising from or related to your use of the Service for communication purposes.

ANTI-SPAM POLICY

We do not tolerate spam or any form of unsolicited or abusive messaging through our Service. You agree that you will not use the Service to send unsolicited messages, or spam.

You understand and agree that you are strictly prohibited from:

• sending unsolicited, unwanted, or bulk messages or advertisements;
• sending fraudulent, misleading, or deceptive messages;
• engaging in practices that result in high spam complaints, blacklisting, or blocking by email providers, carriers, or anti-spam monitoring services;
• sending messages that are in violation of the CAN-SPAM Act, Telephone Consumer Protection Act (TCPA), or other relevant regulations and applicable laws;
• sending any other forms of spam to individuals who have not explicitly opted in to receive such communications;
• sending messages to any contact list that has been purchased, rented, borrowed, scraped, or obtained from a third party in any manner;
• bypassing or attempting to circumvent spam filters, do-not-contact lists, or other protective measures.

You represent and warrant that every recipient on your contact list has expressly consented to receive messages from you and that you maintain proper records of such consent. You are solely responsible for ensuring compliance with all applicable laws governing email and SMS/Text, MMS, marketing and communications.

We actively monitor usage and reserve the right to suspend or terminate your account without notice if we suspect or detect any violation of this Anti-Spam Policy. If we receive excessive spam complaints or reports from email providers (such as Google, Yahoo, Outlook) or mobile carriers, we may immediately restrict or terminate your access to the Service.

If your account is suspended or terminated due to spam, you will not be entitled to a refund or any compensation.

We take spam seriously and will enforce this policy strictly to maintain the integrity of our platform.

By using the Service, you acknowledge and agree to comply with this Anti-Spam Policy and accept full liability for any violations or consequences resulting from your messaging activities.

PRIVACY

We care about the privacy of our users and are dedicated to protecting your personal information. Company will take reasonable steps to help safeguard your personal information; however, you understand there is no such thing as "perfect security" on the Internet and agree that the security measures and steps we take do not guarantee that the Site, the Platform or our servers are completely impervious to security breaches or immune from viruses or other vulnerabilities.

We encourage you to read our "Privacy Policy" which contain disclosures about how we collect, use and store your information; to help you make informed decisions when using the Site and Platform. The Privacy Policy is referenced above and incorporated herein by reference. Your use of this Website is governed by the Privacy Policy.

ASSUMPTION OF RISK FOR EVENT ATTENDANCE

By using our Service to send or receive invitations, you acknowledge and agree that attending any event, gathering, or activity carries inherent risks, including but not limited to personal injury, illness, property damage, or other unforeseen circumstances. You voluntarily assume all risks associated with participating in any event you are invited to through the Service.

We do not organize, sponsor, or oversee any events, and we are not responsible for the safety, security, or conditions of any event venue, host, or attendees. Your participation in any event is solely at your own risk, and you release InBytee, its affiliates, officers, employees, and agents from any claims, liabilities, damages, or losses arising from or related to your attendance at any event.

By using the Service, you agree that you are solely responsible for making informed decisions about event attendance and taking necessary precautions to ensure your safety. If you do not agree to these terms, you should not attend any event associated with an invitation sent through our Service.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND PLATFORM IS ENTIRELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE AND INBYTEE PLATFORM, ANY WORK AND SERVICES PROVIDED BY THIRD-PARTY PROVIDERS, OR ANY PRODUCTS ORDERED BY YOU, REMAINS SOLELY WITH YOU. THE SITE, THE PLATFORM ARE MADE AVAILABLE ON AN "AS IS" AND "WITH ALL FAULTS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. COMPANY EXPLICITLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY PERFORMANCE AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR INTELLECTUAL PROPERTY. INCLUDED IN THE SERVICE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM INBYTEE OR THROUGH THE SITE, APPLICATION, PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. COMPANY DOES NOT WARRANT ANY OF THE FOLLOWING: (1) THAT ACCESS TO THE SITE OR PLATFORM WILL BE UNINTERRUPTED; (2) THAT THE WEBSITE WILL OPERATE ERROR-FREE; (3) THAT DEFECTS WILL BE CORRECTED; (4) THAT THE WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL COMPONENTS; (5) OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. COMPANY SHALL NOT BE RESPONSIBLE FOR ANY COST IF YOUR USE OF THE WEBSITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF ANY DEVICE, EQUIPMENT, OR DATA. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE AND COST IF YOUR USE OF THE WEBSITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF ANY DEVICE OR COMPUTER SYSTEM OR EQUIPMENT OR LOSS OF DATA. INBYTEE DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE CONTENT ON THE SITE, INCLUDING, WITHOUT LIMITATION, PRODUCTS, SERVICES OR OTHER AVAILABLE PROGRAMS, DESCRIPTIONS OF PRODUCTS OR OTHER AVAILABLE PROGRAMS. COMPANY DOES NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE INTERCEPTED, MISAPPROPRIATED, DESTROYED, DELETED OR USED BY OTHERS. YOU ACKNOWLEDGE THAT INBYTEE DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICE OFFERED BY THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, INFORMATION, PRODUCTS, OR SERVICE PROVIDED BY LICENSE TO INBYTEE FROM THIRD PARTIES OR MATERIALS PROVIDED BY OTHER USERS. YOU ACKNOWLEDGE AND AGREE THAT INBYTEE DOES NOT WARRANT THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS, THEIR SERVICES OR PRODUCTS. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR MATERIALS OR FUNCTIONS ON THIS SITE, EVEN IF INBYTEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS OF USE, EXCEED THE GREATER OF THE TOTAL AMOUNT PAID BY YOU TO INBYTEE IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE AND GIVE RISE TO THE CLAIM(S) OR ONE HUNDRED DOLLARS ($100).

YOU AGREE THAT IN NO EVENT SHALL COMPANY, ITS SUBSIDIARIES, AFFILIATES, OR EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS BE LIABLE FOR ANY DIRECT, INDIRECT , GENERAL, SPECIAL, COMPENSATORY, INCIDENTAL, SPECIAL, CONSEQUENTIAL EXEMPLARY DAMAGES, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF REPLACEMENT PRODUCTS OR SERVICES THAT HAVE ARISEN OR MAY ARISE OUT OF OR IN CONNECTION WITH THE FOLLOWING:

• THESE TERMS OF USE;
• THE POSTING OF OR ATTENDANCE AT ANY EVENT;
• THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
• FROM THE PLATFORM OR INABILITY TO USE THE SITE, APPLICATION, PLATFORM;
• ANY OTHER MATTER RELATING TO THE SERVICE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY.

WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF COMPANY OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

RELEASE

By using the Service to send an event invitation or card via Email or Text through the Serice, or distributed by you off-the-site through a third party service in which a Shareable Link is used or included or otherwise, and/or attending any such event, you acknowledge and agree that you are solely responsible for any messages, communications, or content you send through our platform. We are not liable for any damages, losses, or legal consequences that may arise from your use of the Service to send messages, including, but not limited to, any claims related to defamation, harassment, invasion of privacy, or infringement of intellectual property rights, or violations of any laws. You agree to release, discharge and hold harmless InBytee, its subsidiaries, affiliates, or each of our respective officers, directors, employees, agents, shareholders, from any and all direct, indirect, general, special, compensatory, incidental, special, consequential exemplary damages, losses, or punitive damages of any kind, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Service or any act or omission by any person, including without limitation, any dispute between you and any other person, any content posted on the Website and your attendance at any event posted on, or promoted through the Service or publicly distributed on the internet. If you are a California resident, you waive any rights under California Civil Code § 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." This release includes, without limitation, any claim resulting from delay and the criminal acts of others.

INDEMNIFICATION

You agree to forever defend, indemnify and hold harmless Company and its officers, directors, employees, attorneys, agents and affiliates (each, an "Indemnified Party"), from and against any claim, demand, liability, cause of action, lawsuit, damages, losses or costs (including attorneys' fees, costs and disbursements) arising out of: (a) your violation or breach of any portion of these Terms Of Use or the documents it incorporates by reference; (b) your violation of any applicable law or regulation; (c) your violation of any rights of any third party; (d) your use or inability to use the Platform, including, but not limited to incorrect website information, content, or delivery, or third-party products and services; (e) your violation of any third party right, including without limitation any copyright, property, intellectual or privacy right; (f) any claim that one of your User Submissions, or Designs, or User Content caused damage to a third party; (g) your connection to the Service; (h) your sending of Text Messages through the Service; (i) your sending of Emails through the Service. You agree to cooperate as required by InBytee in the defense of any Claims and Losses. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to your indemnification, but doing so will not excuse your indemnity obligations. You will not, in any event, settle any claim or matter without the written consent of Company. . You agree that this indemnification obligation shall survive until any claim, action or cause of action respecting the above is fully and finally barred by the applicable statute of limitation.

NO AGENCY

No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms Of Use and you do not have any authority of any kind to bind Company in any respect whatsoever. These Terms of Service does not create any obligation on the part of InBytee to sponsor, support, advertise, promote, or otherwise perform any action on behalf of the Host with respect to, or in furtherance of any Event.

DISPUTE RESOLUTION

INITIAL ALTERNATIVE RESOLUTION METHOD

We shall first attempt to resolve any dispute related to these Terms of Use and any disagreements you have with InBytee in an amicable manner. You and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice.

BINDING ARBITRATION

If you and InBytee are unable to resolve a Dispute through informal negotiations, You and We agree that any dispute or claim arising out of, or relating in any way to these Terms of Use (including but not limited to the use of the InBytee Platform and/or the Services, or the interpretation, enforceability, revocability, or validity of these Terms of Use, or the arbitratability of any dispute) (collectively,"Disputes") shall be resolved exclusively by final, confidential binding arbitration. This Arbitration Provision is governed by The Federal Arbitration Act (the "FAA"). This Arbitration Provision applies to any dispute arising out of or related to these Terms of Use or termination of these Terms of Use and survives after these Terms of Use terminates. All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association ("AAA") according to this provision and the applicable arbitration rules. The AAA's rules are available at www.adr.org. The arbitrator will apply and be bound by these Terms of Use, apply applicable law and the facts, and issue a reasoned award. Any judgment on the award rendered by the arbitrator shall be binding on the parties and may be entered in any court of competent jurisdiction. The arbitration will be conducted based upon written submissions unless You request and/or the arbitrator determines that a telephone, videoconference, or in-person hearing is necessary. If the arbitrator grants the request or determines an in-person hearing is necessary, the hearing will proceed in Orange County, California, unless the arbitrator determines or we agree that the matter should proceed in the county of Your principal place of business. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use may be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, collective, or class proceeding. You understand that if either party elects to arbitrate, neither party will have the right to sue in court or have a jury trial.

PAYING FOR THE ARBITRATION

During the course of any arbitration hereunder, each party agrees to pay its own attorneys' fees and expenses. Payment of all filing, administration and arbitrator fees will be governed by AAA Rules (and, where appropriate, limited by the AAA Rules). The prevailing party in any arbitration or other proceeding arising under these Terms of Use shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Company will reimburse those fees for Disputes totaling less than $10,000 if You are the prevailing party in such arbitration.

ARBITRATION OPT-OUT

You have the right to opt out of the Arbitration Agreement contained in these Terms of Use. If you do not wish to be bound by the arbitration provision, you must notify us in writing within 30 days of first accepting these Terms of Use. To opt out, you must send us an email that includes the following: :(1) your full name; (2) mailing address; (3) email address; (3) write “ARBITRATION OPT-OUT in the email’s subject line;” (4) a clear statement on the email’s body that you wish to opt-out. Opting out of arbitration does not affect any other provisions of these Terms of Use. You will still be bound by all other terms, including the class action waiver. If you opt out, any disputes must be resolved exclusively in the courts of Orange County, California, and you agree to submit to the personal jurisdiction of such courts. If you opt out, we reserve the right to require you to engage in good faith mediation before filing any lawsuit against us. If you previously agreed to an arbitration clause with us and did not opt out at that time, you may not opt out of arbitration under these updated Terms. If any portion of your dispute involves claims subject to mandatory arbitration under applicable law, opting out may not exempt you from arbitration for those specific claims. If you do not opt out within the 30-day period, you will be bound by the arbitration agreement and waive your right to bring claims in court.

CLASS ACTIONS WAIVER

BY USING THIS WEBSITE AND OUR SERVICES, YOU AGREE THAT ANY DISPUTE, CLAIM, CONTROVERSY, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OUR SERVICES, OR ANY TRANSACTION WITH US SHALL BE RESOLVED INDIVIDUALLY, AND NOT AS: (1) A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS; (2) A COLLECTIVE; (3) A REPRESENTATIVE PROCEEDING; (4) AN ASSOCIATION; (5) A PRIVATE ATTORNEY GENERAL ACTION; (6) OR CONSOLIDATION WITH OTHER ARBITRATIONS.

YOU EXPRESSLY, VOLUNTARILY, KNOWINGLY, AND IRREVOCABLY WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE ACTION AGAINST US. IF A COURT OR ARBITRATOR DETERMINES THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE OR INVALID FOR ANY REASON, THEN THE ENTIRETY OF THE ARBITRATION AGREEMENT SHALL BE DEEMED VOID, AND ANY CLAIM MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN ORANGE COUNTY, CALIFORNIA, AND EACH OF THE PARTIES CONSENTS TO THE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS) IN ANY SUCH ACTION OR PROCEEDING AND WAIVES ANY OBJECTION TO VENUE LAID THEREIN, PROVIDED, HOWEVER, THAT INBYTEE MAY SEEK TO OBTAIN INJUNCTIVE RELIEF IN ANY COURT THAT INBYTEE MAY SELECT. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU AGREE THAT DISPUTES WILL BE RESOLVED ONLY THROUGH INDIVIDUAL ARBITRATION, OR LITIGATION, AS APPLICABLE. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT THIS WAIVER OF CLASS ACTION RIGHTS IS NONSEVERABLE FROM THE ARBITRATION AGREEMENT AND AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND US.

CALIFORNIA RESIDENT COMPLAINTS

If you are a California resident, in accordance with California Civil Code Section 1789.3, you may submit complaints regarding the Service or request further information regarding use of the Service by contacting us in writing at: help@inbytee.com. Additionally, the California Department of Consumer Affairs provides assistance with consumer-related complaints. You may contact them at: California Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N-112 Sacramento, California 95834. Phone: (800) 952-5210 or (916) 445-1254. Website: www.dca.ca.gov

By using the Service, you acknowledge and agree that any complaints you may have regarding the Service must first be addressed directly with us before seeking external resolution.

JURISDICTION

The Service is operated and intended solely for users within the United States, and are not intended to subject InBytee to the laws or jurisdiction of any territory other than that of the United States. We make no representations or warranties that the Service will be available, appropriate, or accessible outside of the United States. If you choose to access or use the Service from outside the United States, you do so at your own risk and are solely responsible for compliance with all applicable local laws, regulations, and restrictions. InBytee may limit availability of the Service, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. We disclaim any liability for use of the Service in any jurisdiction where such use is prohibited or restricted.

GENERAL

To the fullest extent permitted by law, any claim or cause of action arising out of or related to these Terms or your use of the Website must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred. If you are a resident of Texas, you must file any such claim within two (2) years, or it shall be forever barred.

Our failure or any delay to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.

No waiver by either party of any breach or default under these Terms shall be deemed a waiver of any preceding or subsequent breach or default.

You may not assign, transfer, or delegate your rights or obligations under these Terms of Use without our prior written consent. Any attempted assignment or transfer in violation of this provision shall be null and void. We reserve the right to assign or transfer our rights and obligations under these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable for any reason, that provision shall be severed from these Terms and shall not affect the validity and enforceability of the remaining provisions. The remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

Any heading, caption, or section title contained in these Terms is inserted only for convenience and shall not be used to construe, interpret, or define any provision of these Terms, nor do they have any legal or contractual effect.

You consent to receive electronic communications from us, which may include legal notices, transaction receipts, account updates, understandings, disclosures, and promotional messages. You acknowledge that these electronic communications satisfy any legal requirement that such communications be in writing.

A printed version of these Terms of Use, as well as any electronic form or record of these Terms, shall be admissible in judicial, arbitration, or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form. You acknowledge that you will not contest the validity, enforceability, or admissibility of these Terms of Use solely because they exist in electronic form. Our electronically stored copies of these Terms shall be deemed to be the true, complete, valid, and enforceable records of the agreement between you and us, unless proven otherwise.

EXPORT CONTROL AND COMPLIANCE

You acknowledge and agree that you may not download, access, use, or export any software, technology, or technical data related to the Service (collectively, "Software") in violation of any applicable export laws or regulations of the United States or any other jurisdiction. This includes, but is not limited to: (1) U.S. Embargoed Countries – You may not export, re-export, or transfer Software to any country or region subject to U.S. government embargoes, including but not limited to Cuba, Iran, North Korea, Syria, Russia, and the Crimea, Donetsk, and Luhansk regions of Ukraine, or any other country designated by the U.S. government as restricted; (2) prohibited Individuals and Entities – You may not provide Software to any individual, entity, or organization included on: (2.a) the U.S. Department of the Treasury's Specially Designated Nationals (SDN) List; (2.b) the U.S. Department of Commerce’s Denied Persons List, Entity List, or Unverified List; (2.c) any other restricted party lists maintained by the U.S. or other applicable government authorities; (3) other Export Restrictions – You agree not to use the Software for any activities related to nuclear, chemical, or biological weapons, missile technology, or any other military or proliferation activities prohibited by U.S. law; (4) Compliance Responsibility – You are solely responsible for ensuring compliance with all applicable export control laws and regulations before downloading, using, or transferring any Software related to the Service. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such embargoed country or prohibited list. Violations of these restrictions may result in termination of your access to the Service and may be subject to legal action.

BINDING EFFECT

These Terms of Use shall be binding upon and inure to the benefit of all parties, including but not limited to their respective successors, assigns, heirs, executors, administrators, and legal representatives. By using this website and its services, you acknowledge and agree that your rights and obligations under these Terms shall extend to and be enforceable by such entities or individuals. Any attempt to transfer or assign your rights or obligations under these Terms without prior written consent shall be null and void.

CUMULATIVE REMEDIES

All rights and remedies provided under these Terms of Use are cumulative and not exclusive of any other rights or remedies available under law or in equity. Our exercise of any single remedy shall not be deemed a waiver of our right to pursue any other remedy, whether provided herein or otherwise. No failure or delay by us in exercising any right, power, or remedy under these Terms of Use shall operate as a waiver thereof. If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect. You acknowledge that any breach or threatened breach of these Terms may cause irreparable harm, for which monetary damages may be inadequate. Therefore, we shall be entitled to seek injunctive relief or other equitable remedies in addition to any other available legal remedies, without the necessity of proving actual damages or posting a bond.

SEVERABILITY

If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable for any reason, that provision shall be severed from these Terms and shall not affect the validity and enforceability of the remaining provisions. The remaining provisions shall continue in full force and effect to the maximum extent permitted by law. If a court or arbitrator determines that any provision of these Terms must be modified to be enforceable, the provision shall be construed and enforced in a manner that most closely aligns with the original intent while remaining legally valid. These Terms shall be governed by and interpreted in accordance with the laws of the State of California, without regard to its conflict of law principles. Any provision that is deemed unenforceable under California law shall be modified or severed only to the extent necessary to comply with state law, and the remaining Terms shall continue in full force and effect. Your continued use of our website and services after any such determination constitutes your agreement to be bound by the modified Terms.

FORCE MAJEURE

Any delay in the availability of the Service or the fulfillment and completion of any order will not be considered a breach of these Terms of Use if such delay is caused by governmental act, failure of common carriers (including Internet service providers); war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition, or embargo; acts or threats of terrorism; riot, commotion, labor strikes, go slows, lock outs or disorder, act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tornadoes, hurricanes, volcano eruptions, tidal waves and floods) or other causes beyond the reasonable control (collectively, "Force Majeure Event") of Company.

No party shall be liable for any default or delay in the performance of its obligations under these Terms of Use if and to the extent such default or delay is caused directly or indirectly by a Force Majeure Event. In any such event, the non-performing party shall be excused from any further performance and observance of the obligations so affected only for as long as such circumstances prevail and such party continues to use commercially reasonable efforts to recommence performance or observance as soon as practicable.

GOVERNING LAW

These Terms of Use, any dispute and the relationship between you and InBytee shall in all respects be interpreted and construed with and by the laws of the State of California, USA, without regard to its conflict of law principles.

You agree that any legal action or judicial proceeding arising out of or related to these Terms or your use of the Website shall be exclusively filed in the state or federal courts located in Orange County, California. You expressly consent and submit to the personal jurisdiction of such courts and any jurisdictional, venue or inconvenient forum objection to the venue.

ENTIRE AGREEMENT

These Terms of Use, together with the InBytee’s "Privacy Policy" incorporated herein or referred to herein, constitute the entire agreement (collectively, the "Agreement") between you and InBytee regarding your access to and use of the Service and supersede all prior and contemporaneous agreements, communications, and understandings, whether written or oral. These Terms are binding and enforceable against you and InBytee, and no modifications or waivers shall be valid unless expressly stated in writing and agreed upon by both parties. In the event of any conflict or inconsistency between these Terms of Use, our Privacy Policy, and our Pricing Schedule, the following order of precedence shall apply: (1) These Terms of Use, (2) the Privacy Policy, and (3) the Pricing Schedule. By using the Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms.

ENFORCEMENT

Even after your right to use the Service is terminated or suspended, these Terms of Use Agreement will remain enforceable against you. Company has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

CONTACT US

If you have any questions about these Terms of Use or the Service, our Privacy Policy or your dealings with InBytee, please send them to us by email at: help@inbytee.com