Gigabytz
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Terms of Service

Last updated: May 16, 2026

1. Company Information & Acceptance of Terms

These Terms of Service ("Terms") are a binding agreement between you ("you," "client," or "user") and Gigabytz Inc., a corporation ("Company," "we," "us," or "our"). By accessing or using the website at https://gigabytz.com or engaging any services provided by Gigabytz Inc., you agree to be bound by these Terms. If you do not agree, you must not use our website or services.

Gigabytz Inc. is a separate legal entity from its founders, directors, officers, employees, and shareholders. All engagements are contracted with the corporation, and no personal liability is assumed by any individual acting on its behalf.

2. Services Description

Gigabytz Inc. provides custom software development services including but not limited to web development, mobile app development, AI/ML solutions, enterprise software, UI/UX design, and ongoing maintenance and support. All services are provided pursuant to separate project agreements, statements of work, or master services agreements executed between you and Gigabytz Inc.. These Terms apply in addition to any such agreement; in the event of a conflict, the signed project agreement controls.

3. Client Responsibilities

As a client, you agree to:

  • Provide timely and accurate information, content, and feedback necessary for project completion
  • Designate an authorized point of contact empowered to make binding decisions for your organization
  • Review and approve deliverables within agreed-upon timeframes
  • Ensure you have all rights, licenses, and authorizations for content and materials you provide to us
  • Maintain your own backups of any data and systems we are not contractually obligated to back up
  • Comply with all laws applicable to your use of the deliverables and our services

4. Intellectual Property

Client Ownership

Upon receipt of full payment, the client receives full ownership of all custom code, designs, and deliverables created specifically for their project, unless otherwise specified in the applicable project agreement.

Company Retention Rights

Gigabytz Inc. retains the right to:

  • Use general knowledge, skills, and experience gained during the project
  • Reuse proprietary tools, frameworks, libraries, and pre-existing materials that were not created specifically for the client
  • Showcase the project in our portfolio and marketing materials (unless otherwise agreed in writing)
  • Retain copies of deliverables for record-keeping, legal, and tax-compliance purposes

Third-Party Components

Projects may incorporate open-source or third-party components subject to their respective licenses. We will inform you of any significant third-party dependencies. You are responsible for ongoing compliance with those licenses after delivery.

5. Payment Terms

  • Payment terms are specified in individual project agreements
  • Typical structure: deposit upon signing, milestone payments, and final payment upon delivery
  • All amounts are exclusive of applicable taxes, duties, and withholding obligations, which are the client's responsibility
  • Invoices are due within the period stated on the invoice or in the project agreement
  • Late payments may incur interest at 1.5% per month or the maximum rate permitted by law, whichever is lower
  • Work may be paused on accounts with outstanding balances exceeding 30 days, without liability for resulting delays

6. Project Changes

Changes to project scope, features, or requirements after initial agreement must be documented as change requests. Gigabytz Inc. will provide estimates for additional time and cost before proceeding with the changes. No change request is binding until accepted in writing by both parties.

7. Warranties and Disclaimer

Gigabytz Inc. warrants that its services will be performed in a professional and workmanlike manner consistent with industry standards. We provide a 30-day warranty period after delivery for bug fixes related to the agreed-upon specifications.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, OUR SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.Gigabytz Inc. DOES NOT WARRANT THAT THE SERVICES OR DELIVERABLES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

8. Limitation of Liability

IN NO EVENT SHALL GIGABYTZ INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF GIGABYTZ INC.FOR ANY CLAIM ARISING UNDER OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO GIGABYTZ INC. FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

9. Indemnification

You agree to defend, indemnify, and hold harmless Gigabytz Inc. and its directors, officers, employees, contractors, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the services or deliverables, (b) your violation of these Terms, (c) any content, data, or materials you provide to us, or (d) your violation of any law or the rights of any third party.

10. Confidentiality

Each party agrees to keep confidential all non-public proprietary information, trade secrets, and business information disclosed by the other party in connection with the engagement, and to use such information solely for purposes of performing under the engagement. This obligation survives termination of the relationship for a period of five (5) years, except that trade secrets remain protected for as long as they qualify as such under applicable law.

11. Termination

Either party may terminate a project engagement with thirty (30) days' written notice, or immediately for material breach uncured after fifteen (15) days' written notice. Upon termination, the client is responsible for payment for all work performed and expenses incurred up to the effective date of termination. Gigabytz Inc. will deliver all completed work and materials upon receipt of final payment. Sections that by their nature should survive termination (including Intellectual Property, Payment, Warranties Disclaimer, Limitation of Liability, Indemnification, Confidentiality, and Governing Law) shall survive.

12. Independent Contractor Relationship

Gigabytz Inc. performs services as an independent contractor. Nothing in these Terms or any project agreement creates a partnership, joint venture, agency, franchise, or employment relationship between the parties. Neither party has authority to bind the other.

13. Force Majeure

Neither party shall be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet or utility outages, or cyberattacks. The affected party will use commercially reasonable efforts to mitigate the impact and resume performance as soon as practicable.

14. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Gigabytz Inc. is incorporated, without regard to its conflict-of-law principles. The parties first agree to attempt in good faith to resolve any dispute through direct negotiation. If the dispute is not resolved within thirty (30) days, it shall be finally resolved by binding arbitration administered under the rules of a recognized arbitral institution agreed upon by the parties, conducted in English. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

15. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder, by operation of law or otherwise, without Gigabytz Inc.'s prior written consent. Gigabytz Inc. may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. Any prohibited assignment is void.

16. Entire Agreement & Severability

These Terms, together with any project agreement or statement of work executed between the parties, constitute the entire agreement between you and Gigabytz Inc. with respect to its subject matter, and supersede all prior or contemporaneous understandings. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to render it enforceable.

17. Changes to Terms

Gigabytz Inc. reserves the right to modify these Terms at any time. Material changes will be communicated to active clients via email or through the website. Continued use of our services after changes constitutes acceptance of the modified Terms.

18. Contact

For questions about these Terms of Service, please contact Gigabytz Inc. at contact@gigabytz.com or through our contact page.