Terms of Service

You can also access a PDF copy of our Terms of Service here: https://www.bytebacklaw.com/wp-content/uploads/sites/631/2024/12/Byte-Back-AI-Terms-of-Service.pdf Terms of Service Last Updated: December 11, 2024 Byte Back AI is a subscription-based weekly newsletter service provided by HB Innovations, LLC (“HB,” “we,” or “us”). By subscribing to Byte Back AI (the “Services”) you accept these Terms of Service (“Terms”) and acknowledge that they govern your use of the Services. If you have purchased an enterprise subscription, you acknowledge and agree that you are accepting these Terms on behalf of the company for which you are employed. As used herein, “you” collectively refers to you and any company for which you are entering into an enterprise level subscription. YOU ACKNOWLEDGE THAT THE INFORMATION PROVIDED THROUGH THE SERVICES DOES NOT CONSTITUTE LEGAL ADVICE, AND THAT THE USE OF THE SERVICES DOES NOT FORM AN ATTORNEY-CLIENT RELATIONSHIP WITH HB INNOVATIONS, LLC OR HUSCH BLACKWELL, LLP. MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER. These Terms contain a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between you and us regarding your use of the Services will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration, including as a class representative. The arbitrator’s decision will be subject to very limited review by a court. You will be entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in Court. For more details, see below. 1. Subscription Your Byte Back AI subscription will continue and automatically renew until terminated. To use the Services you must have Internet access, an email address, and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through a third party. You must cancel your subscription before it renews in order to avoid billing of the subscription fees for the next billing cycle to your Payment Method (see “Cancellation” below). We may offer several subscription plans. Some subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. 2. Promotional Offers We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by us at our sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. If you are already a subscriber to the Services, you may not be eligible for an Offer. We may use information such as device ID, method of payment or an account email address used with an existing or recent subscription to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you. 3. Billing and Cancellation Billing Cycle. The subscription fee for the Services, will be charged to your Payment Method. The length of your billing cycle will depend on the type of subscription plan that you choose when you signed up for the Services. Subscription fees are fully earned upon payment. In some cases, your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid subscription began on a day not contained in a given month. We may authorize your Payment Method in anticipation of subscription or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. Payment Methods. To use the Services, you must provide one or more Payment Methods. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, we may suspend your access to the Services until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details. Cancellation. You can cancel your Services at any time. To cancel, you will need to log in to your subscription account. Visit https://byteback.beehiiv.com/?modal=login or go to https://byteback.beehiiv.com and click on the options menu in the top right hand corner. After logging in, click on the log in icon on the top right hand corner of the page, select “Manage Subscriptions,” and follow the instructions for cancellation. Changes to the Price and Subscriptions. We may change our subscription plans and the price of the Services from time to time. We will notify you at least one month before any price changes or changes to your subscription plan will become effective. If you do not wish to accept the price change or change to your subscription plan, you can cancel your subscription before the change takes effect. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used subscription periods. Following any cancellation, however, you will continue to have access to the Services through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. 4. Minimum Age We do not allow persons under the age of eighteen (18) to use the Services. By using the Services, you represent and warrant that you are eighteen (18) years of age or over. 5. Services The Services are provided to you based on publicly available information available to us at the time of publication of each newsletter. The contents of the Services are subject to rapid change. The information provided through the Services does not constitute legal advice or counsel. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you. By providing the Services to you, HB Innovations and Husch Blackwell, LLP, including its attorneys, are in no way restricted from publishing articles or blogs or making public statements, including but not limited to webinars and panels, on the topics and substance contained in the Services. The Services are for your non-commercial use. You shall not publish or otherwise distribute the information provided in the Services to any other individuals for your commercial profit. If you do so, we may terminate your access to the Services immediately. During your subscription time period, we grant you a limited, non-exclusive, non-transferable right to access the Services and content through the Services. Except for the foregoing, no right, title or interest shall be transferred to you. All rights not expressly granted herein are reserved. You may not forward newsletter emails to individuals or entities that are not part of a subscription plan or copy and paste the contents of newsletters and distribute them to individuals or entities that have not paid for a subscription. If you do so, we will terminate your subscription immediately. You agree to use the Services, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Services or content therein. We may terminate or restrict your use of the Service if you violate these Terms or are engaged in illegal or fraudulent use of the Services. 6. Passwords and Account Access You are responsible for any account password and activity that occurs through your account. You may not allow others to access the Services through your account. You agree to provide and maintain accurate information relating to your account, including a valid email address so we can send you account-related notices. We can terminate your account or place your account on hold to protect you, us or our partners from identity theft or other fraudulent activity. We are not obligated to credit or discount a subscription for holds placed on the account. 7. Disclaimers of Warranties and Limitations on Liability THE SERVICES AND ALL CONTENT THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE HAVE NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE SERVICES. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL WE OR HUSCH BLACKWELL, LLP OR ANY ATTORNEYS THEREOF BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. WE MAY CHANGE, SUSPEND, MODIFY, OR DISCONTINUE ALL OR ANY PART OF THE SERVICES IN OUR SOLE DISCRETION WITH OR WITHOUT NOTICE. WE ARE NOT LIABLE IF ALL OR ANY PART OF THE SERVICES IS, FOR ANY REASON, UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. WE RESERVE THE RIGHT TO BLOCK OR DENY ACCESS TO ANY OF THE SERVICES TO ANYONE AT ANY TIME FOR ANY REASON. NOTWITHSTANDING THE FOREGOING, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SERVICES, THE MATERIALS, AND ANY CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, FIFTY DOLLARS ($50). 8. Indemnification You agree to indemnify, defend and hold harmless us Husch Blackwell LLP and any attorneys thereof, for any and all losses, claims, demands, actions, liability, fines, penalties and expenses (including reasonable legal fees) that may arise from any of your acts through the use of the Services. Such acts may include: (i) unauthorized use of material obtained through the Services; (ii) engaging in a prohibited activity; or (iii) any other action that breaches these Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations. 9. Injunctive Relief You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, without prejudice to any other rights and remedies that may be sought under the mandatory arbitration provision of these Terms, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state or federal courts located in Missouri. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules. 10. Mandatory Arbitration and Class Action and Jury Trial Waiver With the exception of the claims for injunctive relief by us as described above and to the extent allowed by law, you hereby agree that either you or we may require any dispute, claim, or cause of action (“Claim”) between you and us or any third parties arising out of use of the Services and any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. Claims also include, except as otherwise provided herein, disputes related to the coverage, applicability, arbitrability, enforceability, formation, scope, or validity of these Terms, including this Arbitration provision, all of which shall be subject to the sole power of the arbitrator as described herein. Notwithstanding anything else herein, the enforceability of the Class Action Waiver shall be determined by a court. In addition, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the limit for a small claim under applicable state law or is not transferred, removed, or appealed from small claims court to any different court. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION. You and we agree that your use of the Services involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (1) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (2) the applicable statutes of limitations; and (3) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings. If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court. If this is a consumer-purpose transaction, the applicable rules will be the AAA’s Consumer Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879. If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted these Terms, you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award. If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer-purpose transaction. Notwithstanding anything to the contrary in these Terms, and except as otherwise set forth in this paragraph, the agreement to arbitration may be amended by us only upon advance notice to you. If we make any amendment to this agreement to arbitration (other than renumbering the agreement to align with any other amendment to the Terms) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding or action against us prior to the effective date of the amendment. The amendment shall apply to all other Claims governed by this agreement to arbitration that have arisen or may arise between you and us. However, we may amend this agreement to arbitration and not provide you notice; in that case, the amendments will not apply to you and the agreement to arbitration contained in these Terms to which you agreed will continue to apply to you and us as if no amendments were made. If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining Terms shall remain in full force and effect. This arbitration provision will survive the termination of your use of the Site, the Services, and any other actions with us. You may reject this arbitration provision within thirty (30) days of accepting the Terms by emailing us at [email protected] and including in the subject line “Rejection of Arbitration Provision.” 11. Miscellaneous Merger. These Terms (which hereby incorporate by reference any other provisions applicable to use of the Services) constitute the entire agreement between you and us and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and us with respect to the Services. Severability. If any term or provision in these Terms is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms in its entirety and the remainder of these Terms shall survive with the said offending provision eliminated. Governing Law and Venue. These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, excluding its conflicts of law rules, and the United States of America. Except as set forth in the agreement to arbitration and without waiving it, you agree that any dispute arising from or relating to the subject matter of these Terms (including but not limited to if you opt out of the agreement to arbitration) shall be governed by the exclusive jurisdiction and venue of the state and federal courts of St. Louis, Missouri, except where the jurisdiction and venue are mandated by applicable assignment. Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without our prior written consent. We may freely assign our obligations and rights under these Terms, including all personal information in our possession that we have collected during your use of the Services. No Waiver. No failure, omission or delay on the part of us in exercising any right under these Terms will preclude any other further exercise of that right or other right under these Terms. Headings. Provision and section headings are for convenience of reference only and shall not affect the interpretation of these Terms. Changes to Terms of Use and Assignment. We may, from time to time, change these Terms. Such revisions shall be effective immediately; provided however, for existing subscribers, material revisions shall, unless otherwise stated, be effective one month following notice to you. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets.