Terms and Conditions

Last Updated: January 2025

1. Introduction

Welcome to ByteCraft Studios ("Company", "we", "our", "us"). These Terms and Conditions ("Terms") govern your access to and use of our website located at your-domain.com (the "Website") and all related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our Services.

2. Acceptance of Terms

By using our Services, you represent that:

  • You are at least 18 years of age or have reached the age of majority in your jurisdiction
  • You have the legal capacity to enter into binding agreements
  • You will comply with all applicable laws and regulations
  • All information you provide is accurate, current, and complete

3. Services Description

ByteCraft Studios provides web development, design, and digital services including but not limited to:

  • Custom website development and design
  • Web application development
  • E-commerce solutions
  • Website maintenance and support
  • Digital consulting services

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice.

4. User Accounts

When creating an account with us, you must provide accurate and complete information. You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use
  • Ensuring your account information remains current and accurate

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

5. Intellectual Property Rights

5.1 Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof (collectively, "Content") are the exclusive property of ByteCraft Studios or our licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal or internal business purposes, subject to these Terms. This license does not include:

  • Resale or commercial use of our Services or Content
  • Collection and use of product listings, descriptions, or prices
  • Derivative use of our Services or Content
  • Downloading or copying of account information for the benefit of third parties
  • Use of data mining, robots, or similar data gathering tools

5.3 Client Work Product

Upon full payment for custom development services, you will own the final deliverables as specified in your project agreement. We retain ownership of:

  • Pre-existing materials and templates
  • General methodologies and processes
  • Source code libraries and frameworks we developed independently

6. Prohibited Uses

You agree not to use our Services:

  • For any unlawful purpose or to solicit others to perform unlawful acts
  • To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
  • To submit false or misleading information
  • To upload or transmit viruses or any other type of malicious code
  • To collect or track personal information of others
  • To spam, phish, pharm, pretext, spider, crawl, or scrape
  • For any obscene or immoral purpose
  • To interfere with or circumvent security features of our Services
  • To reverse engineer, decompile, or disassemble any software comprising our Services
  • To attempt unauthorized access to our systems or networks

7. Payment Terms

7.1 Pricing and Fees

All prices are stated in applicable currency and are subject to change without notice. You agree to pay all fees associated with your use of our Services according to the pricing and payment terms presented at the time of purchase.

7.2 Payment Methods

We accept various payment methods as indicated on our Website. By providing payment information, you represent that you are authorized to use the designated payment method.

7.3 Invoicing

For custom projects, invoices will be issued according to the payment schedule outlined in your project agreement. Payment is due within the timeframe specified on the invoice.

7.4 Late Payments

Late payments may result in suspension of services and may incur late fees as permitted by applicable law. We reserve the right to charge interest on overdue amounts.

7.5 Refunds

Refund policies vary by service type and will be clearly communicated before purchase. Custom development work is generally non-refundable once begun.

8. Warranties and Disclaimers

8.1 Service Warranty

We warrant that services will be performed in a professional and workmanlike manner in accordance with industry standards. This warranty is valid for the period specified in your service agreement.

8.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

  • Our Services will meet your specific requirements
  • Our Services will be uninterrupted, timely, secure, or error-free
  • Results obtained from use of our Services will be accurate or reliable
  • Any errors in software or services will be corrected

9. Limitation of Liability

9.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BYTECRAFT STUDIOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of or inability to access or use our Services
  • Any conduct or content of any third party on our Services
  • Any content obtained from our Services
  • Unauthorized access, use, or alteration of your transmissions or content

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED EUROS (€100), WHICHEVER IS GREATER.

9.3 Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations may not apply to you.

10. Indemnification

You agree to defend, indemnify, and hold harmless ByteCraft Studios and its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms
  • Your use of our Services
  • Your violation of any rights of another party
  • Your violation of any applicable laws or regulations
  • Content you submit or transmit through our Services

11. Third-Party Links and Services

Our Services may contain links to third-party websites or services that are not owned or controlled by ByteCraft Studios. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

12. Confidentiality

During our engagement, we may receive confidential information from you ("Confidential Information"). We agree to:

  • Maintain the confidentiality of such information
  • Use it only for the purposes of providing Services
  • Not disclose it to third parties without your written consent
  • Protect it with the same degree of care we use for our own confidential information

This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

13. Data Protection and Privacy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. We are committed to protecting your personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) where applicable.

By using our Services, you consent to our collection, use, and disclosure of your personal information as described in our Privacy Policy.

14. Termination

14.1 Termination by You

You may terminate your account and discontinue use of our Services at any time by contacting us. You remain responsible for all charges incurred prior to termination.

14.2 Termination by Us

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Grounds for termination include but are not limited to:

  • Violation of these Terms
  • Fraudulent or illegal activity
  • Non-payment of fees
  • Abuse of our Services or staff
  • Upon your request

14.3 Effect of Termination

Upon termination:

  • Your right to use our Services will immediately cease
  • We may delete your account and all associated data
  • You remain liable for all obligations incurred prior to termination
  • Provisions that by their nature should survive termination shall survive

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last Updated" date.

Your continued use of our Services after any such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.

If you do not agree to the modified Terms, you must stop using our Services.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Croatia, without regard to its conflict of law provisions.

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

17. Dispute Resolution

17.1 Negotiation

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or invalidity thereof (a "Dispute"), the parties agree to first attempt to resolve the Dispute through good faith negotiation.

17.2 Mediation

If the parties are unable to resolve the Dispute through negotiation within thirty (30) days, they agree to attempt to resolve the Dispute through mediation administered by a mutually agreed-upon mediator in Croatia.

17.3 Jurisdiction

If mediation fails, any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Croatia, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

17.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

18. Severability

If any provision of these Terms 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.

19. Waiver

No waiver by ByteCraft Studios of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

20. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on our Services, constitute the entire agreement between you and ByteCraft Studios concerning our Services and supersede all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Services.

21. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void.

We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

22. Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

23. Notice

All notices, requests, consents, claims, demands, waivers, and other communications under these Terms shall be in writing and addressed to:

ByteCraft Studios
Email: [email protected]
Website: your-domain.com

Notices to you may be sent to the email address you provide when creating an account or using our Services.

24. Contact Information

If you have any questions about these Terms, please contact us:

  • Email: [email protected]
  • Website: your-domain.com
  • Business Hours: Monday - Friday, 9:00 AM - 5:00 PM (CET)

25. Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.