Terms of Service

These Terms of Service (“Terms”) govern access to and use of the Noxbyte platform, websites, software, online ordering systems, restaurant management tools, and related services (collectively, the “Services”) provided by Noxbyte Labs LLC (“Noxbyte”, “we”, “our”, or “us”).

By creating an account, subscribing to the Services, or otherwise accessing the Services, you agree to be bound by these Terms.

Noxbyte provides website hosting, online ordering systems, restaurant management tools, menu management tools, customer engagement tools, and related software services.

We may modify, update, improve, suspend, or discontinue portions of the Services at any time.

You are responsible for:

• maintaining accurate account information;
• maintaining accurate menu items, pricing, taxes, and business hours;
• compliance with all applicable laws and regulations;
• maintaining the confidentiality of login credentials; and
• ensuring that employees and authorized users comply with these Terms.

You are solely responsible for the content displayed on your website and any information submitted through the Services.

Certain Services require payment of recurring subscription fees.

Fees are billed in advance and are non-refundable except where required by law.

Failure to pay subscription fees may result in suspension or termination of Services.

We reserve the right to modify pricing upon reasonable notice.

The Services may rely on third-party providers including hosting providers, cloud infrastructure providers, payment processors, email providers, SMS providers, domain registrars, DNS providers, and other technology vendors.

Noxbyte is not responsible for outages, delays, interruptions, failures, security incidents, or performance issues caused by third-party providers.

While we strive to maintain reliable service, we do not guarantee uninterrupted availability.

The Services may become unavailable due to:

• scheduled maintenance;
• emergency maintenance;
• internet disruptions;
• third-party provider outages;
• hardware failures;
• cybersecurity incidents; and
• events outside our reasonable control.

Noxbyte retains all rights, title, and interest in the Services, software, code, systems, designs, and technology used to provide the Services.

You retain ownership of your business content, menus, logos, trademarks, and materials submitted to the Services.

Either party may terminate Services at any time.

Noxbyte may suspend or terminate access if:

• fees remain unpaid;
• these Terms are violated; or
• use of the Services creates legal, operational, or security risks.

Upon termination, access to the Services may be discontinued.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOXBYTE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

NOXBYTE DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR AVAILABLE AT ALL TIMES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOXBYTE SHALL NOT BE LIABLE FOR:

• lost profits;
• lost revenue;
• lost business opportunities;
• lost customers;
• lost data;
• loss of goodwill;
• indirect damages;
• incidental damages;
• special damages;
• consequential damages; and
• punitive damages.

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ASSERTED AND EVEN IF NOXBYTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, NOXBYTE SHALL NOT BE LIABLE FOR LOSSES RESULTING FROM:

• third-party service failures;
• internet outages;
• payment processor failures;
• DNS failures;
• cloud provider outages;
• email or SMS delivery failures;
• customer configuration errors; and
• unauthorized account access.

IN ALL CASES, NOXBYTE’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER TO NOXBYTE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

You agree to defend, indemnify, and hold harmless Noxbyte, its owners, employees, contractors, and affiliates from any claims, damages, liabilities, losses, expenses, and costs arising from:

• your use of the Services;
• content you provide;
• violation of these Terms; and
• violation of applicable laws.

Noxbyte shall not be liable for delays, interruptions, or failures resulting from causes beyond its reasonable control, including natural disasters, internet failures, cyberattacks, labor disputes, governmental actions, utility failures, or third-party service interruptions.

These Terms shall be governed by the laws of the State of Ohio, without regard to conflict-of-law principles.

We may update these Terms from time to time. Continued use of the Services after updates become effective constitutes acceptance of the revised Terms.

Questions about these Terms? Email [email protected].