Icon

Terms of Service

Terms of Service

Welcome to Byte AI! Please read these Terms of Service carefully before using our app. By accessing or using Byte AI, you agree to be bound by these Terms.

Icon

Last Updated on January, 23, 2025

General Terms

By using this Website, Byte AI’s Services, or contacting ByteStock, LLC directly, you as a User (defined infra) immediately enter into and accept the terms of this Services Agreement (“Agreement”). Further, by entering into and accepting the terms of this Agreement, you specifically acknowledge receipt of and agree to the terms of Section 3: Data Usage and Protection as described further herein. If you wish not to enter into this Agreement, you must disengage from our website https://byteai.me and should refrain from using the website, directly engaging with Byte AI and/or ByteStock, LLC by submission of information to the website or through other channels, and/or use of the Services defined infra. Various state statutes and other regulations require clear and conspicuous disclosure of data privacy practices and policy – please see the below Section 3 for such information. 

Definitions

Definitions. All terms not specifically defined infra shall be construed as typically defined. 

  1. Affiliate. “Affiliate” shall mean any person or entity which directly or indirectly controls, is controlled by, or is under common control with Byte AI and Provider, whether by ownership or otherwise. 

  2. Device. “Device” shall mean any internet-connected device, including but not limited to cellphone, telephone, tablet, computer, and any other device that can be used to visit Byte AI and access the Website or Services.

  3. Direct Engagement. “Direct Engagement” shall mean direct engagement with Byte AI and/or ByteStock, LLC by submission of information or communication to the Website or other means of contact with same.

  4. Effective Date. “Effective Date” shall mean the exact time and date on which any User enters into this Agreement by virtue of using the Website, Direct Engagement with Provider, or using the Services.

  5. Parties. “Parties” or “Party,” in singular, shall mean, collectively, the Provider and any User which enters into this Agreement.

  6. Personal Data. “Personal Data” shall mean the types of information outlined in Section 3(a)(i) infra.

  7. Provider. “Provider” shall mean ByteStock, LLC (4249 Stratford Way, Jacksonville, FL 32225), which owns the Website, is contactable through the Website, provides the Services as defined infra, and is responsible for the handling of any Personal Data received pursuant to this Agreement. 

  8. Services. “Services” or “Byte AI” shall mean the Services provided through the Byte AI application as defined by Section 2 infra. 

  9. User. “User” shall mean any and all persons or entities that enter into this Agreement with Provider by virtue of accessing the Website, Direct Engagement with Provider, or use of the Services. 

  10. Website. “Website” shall mean https://byteai.me and/or any permutations of such address which reroute to the site created by Provider associated with provision of the Services. 

Services and Costs

Services and Costs

  1. Services. Provider will furnish to User, through the Website and the Byte AI software app, as well as other mechanisms it may employ from time to time, certain data, analytics, and notices about stock market values, trends, and/or other information relating to the purchase and sale of securities (collectively “Content”). Provider will generate the Content from time to time by inputting publicly available information into an artificial intelligence program which will conduct independent analysis of said information. Provider will also facilitate, through the Website and the Byte AI software app, as well as other mechanisms it may employ from time to time, opportunities to purchase, sell, and/or otherwise exchange securities through its various mechanisms and platforms via a personal account specific to individual Users (“Transaction”). Provider may charge the relevant User a specific Cost in order to process a given Transaction, which will be identified at the time of said Transaction and may vary as described in Section 2(c). 

  2. Restrictions. User will not, and will not permit others through User’s access to the Services, to:

    1. License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially use the Services or make the Website or Services available to any third party;

    2. Modify, make works derivative of, disassemble, decrypt, reverse compile, and/or reverse engineer any part of the app;

    3. Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Provider or its Affiliates, partners, suppliers, and/or the licensors of the app.

  3. Updates. Provider may from time to time provide enhancements and/or introduce or remove features/functionality of the Services, which may include but are not limited to patches, bug fixes, updates, upgrades, and other modifications (“Updates”). Updates may modify, add, or remove certain features and/or functionalities of the Services. Provider has no obligation to provide Updates nor to continue to provide or enable any specific features/functionalities of the Services to Users.

  4. Costs. Provider may from time to time alter the costs associated with specific functions of the Services at its sole discretion. Provider has no obligation to provide specific cost or price points for any features and/or functionalities of the Services.

  5. Suspension. Provider may suspend, either temporarily or permanently, its provision of the Services to any user at its sole discretion without prior notice to any User. Provider may disable access to any User’s account through the Services

Data Usage and Protection

Required Disclosures. Certain state laws mandate  disclosure of Provider’s collection and handling of Personal Data, as well as mandate Provider identify means through which Users may exercise consumer rights, appeal such usage, or opt-out of such usage. These states include, but may not be limited to: California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Massachusetts, Oregon, Rhode Island, Tennessee, Texas, Utah, and Virginia. The disclosures below are understood to satisfy all existing applicable state laws governing collection and usage of Personal Data. From time to time, Provider may supplement, edit, or modify the language of this section in accordance with Section 3(c) infra. 

  1. Categories of Personal Data Collected. Provider collects Personal Data during specific events, including but not limited to: User access to the Services, registration of an account through the Services or Website, User placement of an order through the Services, User subscription to Provider’s Newsletter, and/or User response to a survey or other form presented through the Services. During these events, Provider collects User’s:

    1. Name/Username

    2. Email Address

    3. Password

Provider may also have received Personal Information about new Users through provision by third parties.

  1. Purpose of Processing Personal Data. Provider uses the Personal Data it collects to:

    1. Personalize User’s experience on the Website and through the Services;

    2. Identify areas of improvement for the Website and Services;

    3. Improve customer service;

    4. Process transactions; 

    5. Administer a contest, Promotion (defined infra), survey, or other Website feature;

    6. Send periodic emails to Users in order to inter alia verify an account, welcome a new User, and share newsletters.

  2. Categories of Personal Data Provider May Sell or Share with Third Parties. Provider may sell or otherwise share any and all categories of Personal Data outlined supra with the third parties identified infra.

  3. Categories of Third Parties with Which Provider May Sell or Share Personal Data. Provider may from time to time sell or share any of the above-described categories of Personal Data with third parties, including but not limited to: advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest Users. Provider may also share Personal Data with its current and future Affiliates. If Provider is involved in a merger, asset sale or other business reorganization, Provider may also share or transfer any and all Personal Data to its successors-in-interest.

  4. Means of Opting-Out of Personal Data Collection, Exercise of Consumer Rights and Appeal. Users have the right to request  an opt-out of certain uses and disclosures of personally identifiable information, as well as assert any consumer rights enumerated by a relevant state rule or statute, as follows. User may contact Provider through the account interface included in the Services in order to (1) update or correct your personally identifiable information, (2) change your preferences with respect to communications and other information you receive from us, or (3) delete the personally identifiable information maintained about you on our systems (subject to the following paragraph), by exiting the Website, ceasing use of the Services, and/or otherwise by terminating this Agreement in accordance with the terms outlined in Section 4 infra. Such updates, corrections, changes and deletions by Users will have no effect on other information that Provider maintains, or information that Provider has already provided to third parties in accordance with this Agreement prior to such update, correction, change or deletion. To protect Users’ privacy and security, Provider may take reasonable steps (such as requesting a unique password) to verify User’s identity before granting profile access or allowing corrections. User is responsible for maintaining the secrecy of their unique password and account information at all times. 

    1. Impossibility of Removal. User is aware that it is not always technologically possible to remove each and every record of the information User may have given to Provider from our system. The need to back up Provider’s systems and protect information from inadvertent loss means that a copy of User’s information may exist in a non-erasable form that will be impossible for Provider to locate. Promptly after receiving User’s request pursuant to Section 3(a)(vi), all personal information stored in databases Provider actively uses, and other readily searchable media will be updated, corrected, changed or deleted, as appropriate, as soon as and to the extent reasonably and technically practicable. 

  5. Alternate Means of Contacting Provider and Exercising Consumer Rights. Users may also contact Provider via email in order to opt out of Personal Data collection, as well as appeal an action or otherwise exercise their Consumer Rights as outlined above. Provider will respond periodically to any such requests received through team@bytestockai.com.  

  6. Other Consumer Rights Exercisable. As described variously in the sections of this Agreement but consolidated here: Users have specific consumer rights pursuant to the specific states’ statutes described above, and may contact Provider to exercise their rights to:

    1. Confirm Provider’s processing of User’s Personal Data and access said data;

    2. Correct any inaccurate Personal Data;

    3. Delete certain Personal Data;

    4. Obtain copies of their Personal Data which has previously been given to Provider;

    5. Obtain a list of the specific third-party providers with which Provider has shared their Personal Data; and

    6. Opt-out of the collection and processing of their Personal Data by using the means prescribed herein.

European Union (“EU”), GDPR

For Users from the European Economic Area (“EEA”), from whom the above-described categories of Personal Data may also be collected, such collection is governed by the provisions of the General Data Protection Regulation (“GDPR”). Each individual member state of the EU (“Member State”) is responsible for overseeing and implementing application of the GDPR within that Member State. The GDPR mandates disclosures of certain additional information beyond that outlined above and which is addressed in the subsections below.

  1. Retention Period. Provider retains a User’s Personal Data in accordance with the Term outlined in Section 4 of this Agreement.

  2. Right to Complaint about Provider’s Response. Users have the right to register a Complaint about Provider’s response to any inquiry or appeal under Section 3 of this Agreement to their respective Member State’s appointed public authority responsible for overseeing and implementing application of the GDPR in said Member State. 

  3. Requirements for Collecting Personal Data. Provision of a User’s Personal Data in the context of this Agreement is compelled only based on the contractual terms outlined herein. 

  4. Additional Details of Transfer of Personal Data. Provider is an international organization doing business in the United States and EEA/EU, and may sell or otherwise transfer Personal Data to a third country or another international organization in accordance with the terms outlined herein.

  1. Modification. Provider may be required from time to time, due to new laws and regulations, to update the terms of Section 3: Data Usage and Protection for compliance with same. Provider will publish written notice of any such changes through the Website and/or Services interface. Any continued access to the Website, direct engagement with Provider, and/or access to the Services after such notice is published constitutes acceptance of the amended terms of this Agreement. 

Term and Termination

Term. This Agreement is effective as of the Effective Date defined supra, and continues unless terminated in accordance with the terms of this Section. 

  1. Termination by User. User may terminate this Agreement at any time without notice by deleting the Services and all copies or product of same from any Devices which have been used to access the Services. If User terminates this Agreement, Provider may remove User’s access to its Website, prevent User’s Direct Engagement with Provider, and/or revoke User’s access to the Services. If User after termination again accesses the Website, continues Direct Engagement with Provider, and/or further uses the Services, User automatically re-enters into this Agreement with Provider.

  2. Termination by Provider. Provider may terminate this Agreement at any time by providing written notice to any User of such termination. If Provider terminates this Agreement, Provider may remove User’s access to its Website, prevent User’s Direct Engagement with Provider, and/or revoke User’s access to the Services.

  3. Automatic Termination. This Agreement is immediately terminated, without any written notice, if User fails to comply with any provision of the Agreement. If the Agreement is terminated in this way, Provider may remove access to its Website, prevent User from directly contacting Provider, and/or revoke User’s access to the Services.

Indemnification

Indemnification. User shall indemnify, defend, and hold harmless Provider and any officers, directors, employees, shareholders, customers, agents, successors and assigns (“Indemnified Parties”) from and against any and all claims, losses, damages, costs, expenses (including reasonable legal expenses) and settlements thatProvider might agree to resulting from or arising out of (i) the wrongful acts or omissions of Provider or Provider’s Personnel; (ii) employment claims; (iii) Provider’s failure to comply with applicable laws, rules and regulations; (iv) Provider’s breach of its obligations with respect to User’s Personal Data; and (v) claims of Intellectual Property Right infringement which alleges that any part of the Services or any component thereof infringes upon, misappropriates, or violates any Intellectual Property Rights of a third party (each “Indemnified Claim”). 

Limitation of Liability

Damages. Provider is not  liable for any direct, indirect, special, incidental or consequential damages, including but not limited to loss of data or profit, arising out of the use, or the inability to use, the Website or Services. If User’s access to and use of the Website or Services results in the need for servicing, repair or correction of equipment or data, User assumes responsibility for any costs thereof.

  1. Specific Result. Provider is not liable for any outcome that may occur during the course of usage of the Website or Services. 

  1. Third-Party Services. Provider may, from time to time, include or make available third-party content including data, information, applications, and other products services, or furnish links to third-party websites or services (collectively “Third-Party Services”). Provider is not responsible for any third-party services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Provider does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

  2. No Financial Advice. Provider is not a licensed financial advisor. The data, analytics, and information provided by Provider through the Services and its Website are intended solely as a tool to help you observe statistical changes in the stock market and individual stocks over time. They are not recommendations regarding the purchase, sale, or holding of any security. Any investment decisions or financial strategies you undertake remain entirely your responsibility. If you require personalized advice suited to your financial circumstances, you should consult a qualified financial advisor. 

Warranties

No Warranty. Provider grants access to the Website and Services “as-is” and “as available,” including all faults and defects without warranty of any kind. To the maximum extend permitted under applicable law, Provider, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the app, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Provider provides no warranty and makes no representation of any kind that the app will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither Provider nor any agent or representative of Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the app, or the information, content, and materials or products included thereon; (ii) that the app will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the app; or (iv) that the app, its servers, the content, or e-mails sent from or on behalf of Provider are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components

Mandatory Arbitration

Mandatory Arbitration. Except as otherwise expressly set forth herein, any claim, controversy, or dispute arising out of or relating to this Agreement shall be exclusively determined by binding arbitration held pursuant to the Federal Arbitration Act ("FAA"). Such binding arbitration shall be administered by the American Arbitration Association ("AAA"). The arbitrator shall not consolidate more than one person’s claim and shall not preside over any form of representative, class, collective, or group arbitration proceedings. Unless all Parties agree otherwise in writing, the arbitrator shall be a retired state or federal judge. The arbitrator’s decision shall be final and binding, subject only to review under the FAA. The costs of arbitration (including AAA filing fees and arbitrator fees) shall be borne solely by the non-prevailing party – the prevailing party shall be obligated to reimburse the non-prevailing party for its AAA filing fees, arbitrator fees, and/or attorney’s fees upon written request by the non-prevailing party during the pendency of any arbitration. The prevailing party shall be entitled to an award of all attorney’s fees, costs, and arbitration fees at the conclusion of any arbitration with non-prevailing party. The non-prevailing party shall have no right to an award of attorney’s fees or costs pursuant to this Agreement and the Parties stipulate that the arbitrator shall have no authority to issue such an award to non-prevailing party. The arbitrator shall have exclusive authority to resolve any disputes over the validity, interpretation, and/or enforceability of any part of these arbitration provisions. The arbitrator and the parties shall be required to keep filings and documents obtained during the course of arbitration confidential (the "Confidential Materials") and they shall not disclose Confidential Materials to unauthorized third parties. The arbitrator and the parties shall undertake reasonable steps to prevent disclosure of Confidential Materials to unauthorized third parties, including, but not limited to, by entering into an appropriate confidentiality stipulation prior to the disclosure of any documents in the arbitration. In the event an interim or final arbitration award must be filed with a court, the parties shall file same under seal or redact all information other than the numerical amount of the award prior to filing. This Section 21 is an independent covenant and shall survive the termination, expiration, and/or cancellation of this Agreement. The arbitration shall take place in Suffolk County, Massachusetts, or at such other place as the parties may agree. 

Severability

Severability. If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

No Waiver

No Waiver. Except as provided herein, the failure by Provider to exercise a right or to require performance of an obligation under this Agreement shall not affect its ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach. No failure to exercise, and no delay in exercising, on the part of Provider, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Entire Agreement

Entire Agreement. This Agreement constitutes the entire agreement between Provider and Users. ***

Intellectual Property 

Rights Reserved. The Services, Website, and entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) of the Services and Website are owned by Provider, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws (collectively “Intellectual Property”). The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Provider, unless and except as is expressly provided in this Agreement. Any unauthorized use of Intellectual Property is prohibited. 

  1. Submissions. In the even that User submits or posts any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as Intellectual Property of Provider without any compensation or credit to such User. Provider and its Affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

  2. Promotions. Provider may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that allow Users to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location (“Promotions Rules”). User are responsible to read all Promotions Rules to determine whether or not you are eligible to participate. If User engages with any Promotion, User agrees to abide by and to comply with all Promotions Rules.

Governing Law

This Agreement, and any and all use of the Website, use of the Services, or Direct Engagement with Provider, is governed by the laws of United States without regard to its conflict of laws provision. User consents to the exclusive jurisdiction of the courts in connection with any action or dispute arising between the parties under or in connection with this Agreement except for those individuals who may have rights to make claims under Privacy Shield, or the Swiss-US framework. 

Miscellaneous

Apple EULA. Provider’s provision of the Services is governed also by Apple's standard EULA, accessible here: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/