Byga Website Terms of Service

Effective: January 23, 2026

Thank you for visiting byga.net (the “Website”), owned and operated by Byga, Inc. (“Byga,” “we,” or “us”). By using or accessing this Website in any manner, you hereby agree to these Terms of Service (these “Website Terms”), which incorporate the Privacy Policy.

If you are a Byga client and/or Authorized User of Byga’s platform, you are also subject to the Byga Client Services Agreement and User Terms.

1. Use of the Website

By using the Website, you agree to abide by all applicable local, state, national and international laws when using the Website. You represent, warrant, and agree that you shall not use the Website or interact with the Website, or enable or allow a third party or device to use the Website or interact with the Website, in a manner that:

• accesses, or attempts to access, in any manner, data not intended for you or gains, or attempts to gain, unauthorized access to an account, server, restricted area of the Website, or any other computer system;
• violates or breaches, or attempts to violate or breach, the security of the Website or any computer system or network, or breaks, or attempts to break, any password, encryption code, or other technical security measure designed to protect the Website or a computer system or network;
• probes, scans or tests the vulnerability of the Website or any network connected to the Website;
• decompiles, reverse engineers or otherwise attempts to obtain the source code or underlying ideas or information in Byga’s Website, systems or network;
• interferes or disrupts, or attempts to interfere or disrupt, the function, quality or integrity of the Website, host or network, or Content or other data available therein; or
• “crawls,” “scrapes,” or “spiders” any page, data, or portion of the Website (through use of manual or automated means) or otherwise makes use of any “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor, or attempt to do so, any portion of the Website or any Content (defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content.

Byga reserves the right to bar any of the foregoing activities.

Use of and access to certain areas and functions of the Website may be subject to additional restrictions. The Website is not intended for children and we do not knowingly collect, store or solicit personal information from users who are under 13 years of age in connection with the Website.

2. Intellectual Property Rights

Subject to certain limitations as described in these Website Terms, you are granted the right to access the Website, including all of its contents, such as, for example, the text, graphics, photos, articles, images, illustrations, audio and code embodied within Website pages (“Content”), including (without limitation) the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content. Content is owned, controlled or licensed by or to Byga and is protected under trademark, trade dress, copyright, patent, and/or other intellectual property laws and rights and unfair competition laws. You represent and warrant that you will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Website, and you may not download, print, use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, prepare derivative works from, commercialize or otherwise exploit for any purpose any Content from this Website, in whole or in part, for any public or commercial purpose without prior written consent from Byga.

Subject to these Website Terms, Byga grants you a limited, personal, non-exclusive, non-sublicensable, non-transferable license to access the Website, and to use (i.e., to download and display locally) the Content, solely for purposes of using the Website. Byga (on behalf of itself and its suppliers and licensors) reserves all rights not expressly granted herein. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Website is expressly prohibited without prior written permission from us. You agree that Byga owns the Website. You agree not to modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this paragraph), create derivative works based on, or otherwise exploit any of the Website.

Byga is the owner and/or authorized user of any trademark, registered trademark, logo, and/or service mark appearing on the Website (the “Marks”). Nothing on the Website should be construed to grant any license or right to use any of the Marks. You may not use or exploit any Marks without prior written consent from Byga.

3. Information that You Provide to Us

If you choose to contact any Byga personnel using the contact information you find on the Website, or otherwise submit your information (including profile information or contact information) to Byga through the Website, you understand and agree that you are consenting to Byga’s collection and use of any information and/or materials you provide.

4. Privacy

Byga’s Privacy Policy applies to use of the Website. By accessing or using the Website, you agree to Byga’s Privacy Policy. Additionally, by accessing or using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure and Byga does not guarantee the privacy or security of the Website or your data.

5. External Links

The Website may contain links to third party websites or online services (“Third Party Sites”). Third Party Sites may have their own privacy policies and terms and conditions. Byga is not responsible for the privacy practices or the content of any website(s) or other online service(s) owned and operated by any third party. Any links from this Website to other websites or online services do not imply Byga’s endorsement of, or association with, any such Third Party Site. Byga is not liable, directly or indirectly, to anyone for any loss or damage arising from or in connection with use of the Third Party Sites. You should carefully read and review the terms and privacy notices of Third Party Sites to learn about their information collection, use and disclosure practices.

6. Warranty Disclaimer

YOU EXPRESSLY AGREE THAT USE OF AND ACCESS TO THE WEBSITE AND ALL ASSOCIATED CONTENT AND FUNCTIONALITY IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND FUNCTIONALITY THEREOF, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. BYGA DOES NOT PROMISE THAT YOUR USE OF THE WEBSITE WILL PROVIDE ANY SPECIFIC RESULTS OR MEET YOUR EXPECTATIONS. THE WEBSITE AND ALL ASSOCATIED CONTENT AND FUNCTIONALITY ARE SUBJECT TO CHANGE AT ANY TIME, WITHOUT NOTICE. BYGA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. BYGA DISCLAIMS ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED OR REFERENCED THIRD-PARTY SITES.

BYGA RESERVES THE RIGHT TO, AT ANY TIME, WITHOUT NOTICE, MODIFY, SUSPEND OR TERMINATE OPERATION OF OR ACCESS TO THE WEBSITE, OR ANY PORTION THEREOF, FOR ANY OR NO REASON; MODIFY OR CHANGE THE WEBSITE, OR ANY PORTION THEREOF, AND APPLICABLE POLICIES AND TERMS; AND INTERRUPT THE OPERATION OF THE WEBSITE, OR ANY PORTION THEREOF, AS NECESSARY TO PERFORM ROUTINE OR NON-ROUTINE MAINTENANCE, ERROR CORRECTION OR TO MAKE OTHER CHANGES.

THE DISCLAIMERS IN THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW.

7. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL BYGA, ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR LICENSORS (THE “BYGA PARTIES”), BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, EVEN IF ANY BYGA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOTAL LIABILITY OF ANY BYGA PARTY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM OR RELATED IN ANY WAY TO THE WEBSITE, THE CONTENT, AND/OR YOUR USE THEREOF, EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100.00). SOME STATES DO NOT ALLOW SOME STATES DO NOT ALLOW LIMITATIONS OF LIABILITY OR CERTAIN TYPES OF LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

8. Indemnity

You agree to indemnify and hold Byga, its affiliates, and any of its or their respective directors, officers, employees, successors in interest, agents, partners, suppliers and licensors harmless from and against any claims, proceedings, demands, suits, costs, damages, losses, liabilities and expenses (including reasonable attorney’s fees) arising from or pertaining to your use of the Website or violation of these Website Terms.

9. General

These Website Terms are governed by the laws of the State of California, without regard to the conflicts of laws provisions thereof. In the event of any dispute arising in connection with these Website Terms, you hereby consent to exclusive jurisdiction and venue in the state and federal courts of Santa Clara County, California, USA. If any provision of these Website Terms is found by a court of competent jurisdiction to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Website Terms shall otherwise remain in full force and effect and enforceable. The failure of either you or Byga to exercise or enforce any right or provision of these Website Terms does not constitute a waiver of such right or provision. You may not assign, delegate, or transfer these Website Terms or any of your rights or obligations hereunder without Byga’s express written consent. Byga may transfer, assign, or delegate these Website Terms and Byga’s rights and obligations without consent. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Byga, and you do not have any authority of any kind to bind Byga in any respect whatsoever. These Website Terms inure to the benefit of Byga’s successors, assigns and licensees. These Website Terms are the entire agreement between you and Byga with respect to the subject matter herein.

10. Changes or Modifications

Byga reserves the right to change the Website and/or these Website Terms at any time in our sole discretion without notice or liability to you. If Byga makes material changes to these Website Terms, we will place a notice on our site located at byga.net and/or provide notice by some other means. If you use the Website in any way after a change to the Website Terms is effective, that means you agree to all of the changes.