Terms of Service
The Website www.bitesguard.com is owned, operated and controlled by Bites Technology LLC (“Service Provider”) incorporated in New York and the following Terms and Conditions exhibit such terms which should be read and complied carefully by every member or user of this website. Your usage of this website signifies your assent to the following binding agreement.
The terms ‘we’, ‘our’, ‘us’ etc shall be used to denote the Company or the Website.
The term ‘Subscriber’ shall mean and include any person or any legal entity who has subscribed to the services of the Website or to whom the access has been granted by the Website with a registered username and a password.
BY CLICKING ON THE "ACCEPT" BUTTON AT THE END OF THE AGREEMENT ACCEPTANCE FORM, YOU (IF YOU ARE ACTING ON BEHALF OF YOURSELF AS AN INDIVIDUAL) OR YOUR COMPANY (IF YOU ARE ACTING ON BEHALF OF YOUR COMPANY) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS.
You are acquiring a subscription to services provided by our Company which are made available to you on the website www.bitesguard.com
These Terms govern your access to and use of the Site and Services and constitute a binding legal agreement between you and us. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.
We reserve the right to recover the cost of services, collection charges and lawyers fees from persons using the Site and services fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and services and any other unlawful acts or acts or omissions in breach of these terms and conditions.
1.1 Software means each licensed product owned and operated by the Company.
1.2 “Services” shall mean installation and/or monitoring of software on subscribers’ computers and systems by the Service Provider. It also includes vulnerability assessment of computers, internal and external networks.
1.3 Subscription term shall mean the period during which subscribers (you) agree to subscribe to the services provided by service provider.
2.1 The subscribers shall visit our website and subscribe for the services stated on our website.
2.2 Our services can be subscribed on a monthly or on an annual basis.
2.3 Once the subscriber subscribes to our services, we will install the required software to perform our services.
2.4 The subscribers shall not be entitled to use any of the softwares provided by the Company. All operation of the software will be handled by us however, in limited circumstances the subscriber might be instructed to perform basic interaction with software for troubleshooting on remote installation purposes.
3. SUBSCRIPTION FEES:
3.1 The cost for our subscriptions shall be:
Starter Plan - $299 per month. (Monitors 2 computers or IP addresses for vulnerabilities on a monthly basis).
Basic Plan - $599 per month. (Monitors 5 computers or IP addresses for vulnerabilities on a monthly basis).
Pro Plan - $999 per month. (Monitors 9 computers or IP addresses for vulnerabilities on a daily basis).
Each plan requires a one time non-refundable setup fee of $99.
3.2 Payments made in full (i.e. for a full 12 months period), may qualify for three (3) additional months of free service. This applies to only the Basic and Pro plans. This promotion expires June 20, 2017.
3.3 All payment shall be made before any work may be performed.
3.4 Payments shall be made via checks and/or credit cards.
3.5 Monthly subscribers are entitled to a 60% refund provided they request a refund within seven (7) business days of purchasing the service. Annual subscribers are entitled to a 65% refund provided they request a refund within fourteen (14) business days of purchasing the service.
4. LICENSE AND RIGHT TO USE THE SERVICE:
Upon your acceptance of this Agreement and payment of the Subscription Fees, we will provide you with access to and use of the Services.
Subject to the terms and conditions of this Agreement, we grant you a personal, nontransferable, and non-exclusive right to use the Services solely for the purpose of managing your internal business.
5. USAGE RESTRICTIONS:
5.1 You agree:
(i) not to create or attempt to create by reverse engineering, disassembly, decompilation, or otherwise, the source code, internal structure, file formats or other organization of the software, or any part thereof, from any object code or information that may be made available to it, or aid, abet or permit others to do so;
(ii) not to remove any software identification or notices of any proprietary or copyright restrictions from the software or any support material;
(iii) except for authorized archival or back-up copies for its own use, not to copy the software, develop any derivative works thereof or include any portion of the software in any other software program;
6.1 The Company owns all right, title and interest in and to the software and services it provides including, without limitation, all intellectual and proprietary rights appurtenant thereto, and, except for the limited rights granted to you herein, nothing in this agreement shall be construed to transfer, convey, impair or otherwise adversely affect the Company’s ownership or proprietary rights therein or any other Company’s information or materials, tangible or intangible, in any form and in any medium.
6.2 Nothing contained in this Agreement shall be deemed to give you any right, title, or interest in any of the software or service’s trademarks, service marks, or trade names, including, but not limited to, any right to use any of the trademarks, service marks, or trade names.
7. WARRANTY DISCLAIMERS:
7.1 EXCEPT FOR ANY WARRANTIES SET FORTH IN THESE TERMS, WE MAKE NO WARRANTY AS TO THE SERVICES, THE SOFTWARE OR THE RESULTS TO BE OBTAINED FROM YOUR USE OF THE SERVICES OR SOFTWARE. THE SERVICES AND THE USE OF THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES, THE SOFTWARE AND THE INTERNET.THERE ARE NO REPRESENTATIONS OR WARRANTIES THAT APPLY OR THAT ARE MADE TO YOU IN ANY WAY IN CONNECTION WITH THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SOFTWARE AND YOUR ACCESS TO AND USE THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OF TITLE, NON-INFRINGEMENT.
7.2 WITHOUT LIMITING THE FOREGOING, IN PARTICULAR, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICES OR THE SOFTWARE CAN OR WILL BE CORRECTED.
7.3 IN ADDITION TO THE FOREGOING, WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY, ACCURACY, OR VALIDITY OF ANY DATA AND/OR INFORMATION PROVIDED BY YOU. THE USE OF ANY SUCH DATA OR INFORMATION WILL BE AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT WE CANNOT AND WILL NOT BE RESPONSIBLE FOR THE CONTENT OF DATA TRANSMITTED OVER THE INTERNET OR STORED ON ANY SERVERS OR EQUIPMENT THAT ARE USED FOR THE PURPOSE OF PROVIDING ACCESS TO THESERVICES.
8. LIMITATION OF LIABILITY:
8.1 UNDER NO CIRCUMSTANCES SHALL WE, OUR PARENT COMPANIES, SUBSIDIARIES OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, OR CONTRACTORS, BE LIABLE FOR DAMAGES THAT RESULT IN ANY WAY FROM ANY OF YOUR USE OF OUR SERVICES OR THE SOFTWARE, OR YOUR INABILITY TO USE THE SERVICES OR THE SOFTWARE, OR YOUR RELIANCE ON OR USE OF THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF INFORMATION, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION TORT, CONTRACT, OR OTHERWISE, SHALL WE OR OUR SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS PROFITS, LOSS OF SERVICE, BUSINESS INTERRUPTION, LOSS OF OR INCORRECT BUSINESS INFORMATION/DATA AND THE LIKE) SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY EVEN IF WE WILL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
8.3 IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, WE ARE FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), OUR MAXIMUM LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES.
8.4 Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
9.1 The parties understand that during the course of performance under this Agreement, each party may have access to certain confidential and proprietary information of the other party. “Confidential Information”, for the purpose of this Agreement, shall include information which, at the time it is furnished be specifically identified as confidential.
9.2 The Parties shall protect the Confidential Information by using the same degree of care, but not less than a reasonable degree of care, to prevent the unauthorized use, dissemination or publication of the Confidential Information as each party uses to protect its own Confidential Information of a like nature. The parties shall not disclose the Confidential Information to any third party, or to any employee who does not have a need to know such information.
9.3 This Agreement imposes no obligation upon the parties with respect to the Confidential Information which was lawfully known to the receiving party before receipt; is or becomes a matter of public knowledge through no fault of the receiving party.
9.4 The Provisions of this Clause shall survive the termination or expiry of this Agreement.
10.1 We may terminate this agreement at any time upon written notice to subscriber. This agreement shall automatically terminate without further action by any party, immediately upon any material breach by subscriber of any limitation or restriction set forth in this agreement.
10.2 Effects of Termination: Upon termination of this agreement for any reason, all rights, obligations and licenses of the parties hereunder shall cease, except that (a) all obligations that accrued prior to the effective date of termination (including without limitation, any payment obligation) and any remedies for breach of this Agreement shall survive any termination, (b) we shall uninstall the various software from the subscriber’s computers as they are not the end-users of the software and (c) the provisions of limitations, payments, confidentiality, intellectual property rights, warranty disclaimers, limitation of liability, effects of termination, general provisions shall survive.
10.3 Nothing in this section shall limit our options before law or other legal remedies.
11. CHANGE IN POLICIES:
We reserve the right to change these terms at any time. While it is not our intention to do so, there may be factors outside of our control that require us to implement changes to our terms. The revisions made to this agreement shall come into effect two (2) business days after the last updated date.
12. DISCONTINUED PURCHASE POLICY:
As technology on the internet evolves there are times we may need to discontinue a service. When that happens, these are removed from our website and will no longer be accessible. We suggest you always keep local backups of all purchases so that you have them available to you.
13. DATA COLLECTION AND USE:
You agree to indemnify us, our parent, subsidiaries, affiliates and/or their respective successors and assigns, officers, directors, employees, agents, licensors, representatives, advertisers, business and promotional partners, operational service providers, suppliers and contractors (the “Indemnified Parties”) against any and all claims, demands and/or actions and hold the indemnified parties harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys’ fees), resulting from any breach or violation of this Agreement, infringement, misappropriation or any violation of the rights of any other party, violation or noncompliance with any law or regulation, the breach or violation of any term or condition of your agreement with us, any use, alteration or export of the Software or otherwise in connection with this agreement. We reserve the right to assume, at our expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with us upon our request.
15. FORCE MAJEURE:
Except with regard to payment obligations, either party shall be excused from delays in performing or from failing to perform its obligations under this contract to the extent the delays or failures result from causes beyond the reasonable control of the party, including, but not limited to: failures or default of third party software, vendors, or products; acts of God or of the public enemy; foreign governmental actions; strikes; communications, network connection, or utility interruption or failure; fire; flood; epidemic; and freight embargoes.
16. DISPUTE RESOLUTION:
If a dispute arises between you and us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and we agree that we will resolve any claim or controversy at law or equity that arises out of the software and related services (a "Claim") in accordance with the provisions contained in this agreement or as we and you otherwise agree in writing. Before resorting to any alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
17. GOVERNING LAW:
This agreement and all disputes, claims, actions, suits or other proceedings arising hereunder shall be governed by, and construed in accordance with, the laws of the state of Florida applicable to contracts wholly made and to be performed within the state of Florida. You agree to irrevocably submit to the sole and exclusive jurisdiction of the courts of Florida. You further irrevocably consent to the exercise of personal jurisdiction by such courts and waive any right to plead, claim or allege that Florida is an inconvenient forum.
No amendment, modification, waiver or discharge of any provision of this agreement shall be valid unless made in writing and signed by our authorized representative.
No failure or delay by us to exercise any right or enforce any obligation shall impair or be construed as a waiver or on-going waiver of that or any or other right or power, unless made in writing and signed by us.
If any provision of this agreement is held to be illegal, invalid or unenforceable, the remaining provisions of this agreement shall be unimpaired and remain in full force and effect.
Unless specifically provided otherwise, each right and remedy in this agreement is in addition to any other right or remedy, at law or in equity. Subscriber agrees that, in the event of any breach or threatened breach, we will suffer irreparable damage for which there is no adequate remedy at law. Accordingly, we shall be entitled to injunctive and other equitable remedies to prevent or restrain such breach or threatened breach, without the necessity of proving actual damages or posting any bond.
All notices shall be in English. Both, you and Company may give notice to one another as follows: (i) electronic mail transmission; (ii) first class mail or certified mail, postage prepaid; (iii) or express courier, cost prepaid to the email address you provide to Company (either during the subscription process). In case you change your email address, you are required to notify and update us with your current email address. Notice shall be deemed given 5 business days after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Company may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Company. In such case, notice shall be deemed given three days after the date of mailing.
This Agreement and the rights and obligations hereunder may not be assigned or otherwise transferred, in whole or in part. Any attempt to do otherwise shall be void and of no effect.
24. INDEPENDENT CONTRACTORS:
The parties shall be independent contractors under this agreement, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint ventures or partners for any purpose.
25. BASIS OF BARGAIN:
Each Party recognizes and agrees that the warranty disclaimers and liability and remedy limitations are material bargained for basis of this agreement and that they have been taken into account by each party and reflected in determining the consideration to be given by each party hereunder and in the decision to enter into this agreement.
26. ELECTRONIC AGREEMENT:
You understand and agree that we transact with our subscribers electronically and, therefore, we may provide you with required notices and terms electronically, either by sending you an e-mail to the address that you have provided to us. By using our service, you represent that you have the necessary equipment and Internet access to read, review, print and store any terms or notices that we provide to you. Your affirmative acts of either (i) accessing and using our software, or (ii) using our services, and/or (iii) providing a Submission, constitutes your electronic signature to this Agreement. You acknowledge that these terms may not be denied legal effect or enforceability solely because this Agreement was formed electronically.
27. ENTIRE AGREEMENT:
This Agreement hereto represents the entire Agreement between the Parties as to the subject matter hereof and supersedes all prior understandings between the Parties on the subject matter hereof.
Subscriber acknowledges that (a) subscriber has read and understood this agreement, (b) subscriber has had an opportunity to have its legal counsel review this agreement, (c) this agreement has the same force and effect as a signed agreement.
29. COMPLAINTS AND QUERIES:
If you are not happy with any aspect of our service, or if you have any queries or comments, please do not hesitate to contact us.
Last Updated: November 9, 2015