Bytefence Terms of Service

When using and/or accessing and/or downloading ByteFence Anti-Malware software (the “Software” or “ByteFence”) you agree to the following Terms and conditions and any updates therein - please check these Terms periodically for changes. Your continued use and/or access to the Software indicates your agreement and review of any updates to these Terms.

These ByteFence Terms of Use (“Terms”) are a legal contract between you and Byte Technologies LLC. (“our”, “we” or “us”) for accessing, installing, using and downloading ByteFence available at: www.bytefence.com (the “Website”). Together with ByteFence Privacy Policy (“Privacy Policy”), available at https://www.bytefence.com/privacy.aspx, the Terms govern your access to and use of ByteFence. Unless accompanied by a separate license, these Terms also govern any software upgrades and/or updates provided by us as part of ByteFence.

By accepting these Terms, you confirm that you: (i) are entitled by law to use the Software and/or Website in the country in which you reside or are located, and (ii) are of legal age per applicable laws to form a binding agreement with ByteFence. If you are a minor per applicable laws, you are not permitted to use ByteFence. If you do not accept these Terms in their entirety, then you may not access, download, install or use ByteFence (as applicable).

We reserve the right, at our sole discretion and without prior notice, to modify, change and/or update these Terms at any time, and/or change, modify, or discontinue providing ByteFence including without limitation any ByteFence feature. When updated, we will post the updated Terms on the Website. In case that the update is material, we will ask for your consent to it, or provide you with a notice via email. If you continue to use ByteFence following any changes to these Terms, it will constitute your complete and irrevocable acceptance of any and all such changes. If any modification to ByteFence and/or these Terms is not acceptable to you, your only option is to cease using the Website and uninstall the Software.

  1. License.
    • You are hereby granted a limited, personal, non-exclusive, nontransferable, non-sublicensable, non-assignable, license to use the Website, and to download and install one copy of ByteFence on a personal computer, or other compatible device, subject to your compliance with the terms and condition of these Terms. All rights not expressly granted to you hereunder are retained by us. You must have a license to the Software on each device on which you operate the Software ,and only after you permanently uninstall and remove the Software from the original device you installed, you may transfer the license to the Software granted to you hereunder to a different device . Bytefence offers one version of the Software - Our ByteFence Freemium Version can be used free of charge and includes the following solutions (the “Freemium Version”): scan, remove and real-time protection from Malware and Crapware.
  2. License Restrictions.
    • Notwithstanding anything to the contrary herein, you or any third party may not: (i) disclose to any person for any reason license number, and/or authorization code and/or number supplied to you in connection with ByteFence; (ii) modify, decompile, copy, transform , reverse engineer, translate, disassemble, reconstruct, , create derivative works based on ByteFence, and alter or extract any part of the Software (iv) transfer or permit to any third party to use the Software or your rights to use it, or make the functionality of the Software available to any third party through any means (e.g uploading the Software to a network and/or file-sharing service, software-as-a-service (SaaS), and/or any other type of services; (v) resell, share, communicate, transfer, pledge, sublicense, rent, lease or distribute the Software; (vi) harvest or extract information from any part of the Software; (vii) modify, delete and/or remove ByteFence‘s trademarks, legal notices, attributions, copyrights, or other proprietary designations or markings. ; (ix ) use the Software in any manner, or purpose that is unlawful, or inconsistent with these Terms; (x) use any means (e.g. hacking, spoofing or circumventing) to gain or attempt to gain unauthorized access to ByteFence, the networks connected to it or the security features therein; (xi) infringe any third party’s rights, using or attempting to use the Software by itself, or with any other products, or by uploading, storing or transmitting any data, information or materials , (e.g. third party's IP rights, any unlawful, harmful, threatening, abusive, defamatory or otherwise objectionable). You will not invade users' privacy in any way record personal information, track, transmit or store information about any users of the Software; (xii) use ByteFence to build or support a product and/or service that competes with the Software; (xiii) disclose, test or publish testing and/or benchmark results, for the Software without prior written consent. or otherwise in any way interfere, damage, impair, disable, disrupt, or harm us or ByteFence.
  3. Software Updates.
    • Our Software may be updated from time to time, at our sole discretion. Such updates may be in the form of adding new features, bug fixing and new versions of the Software. In order to provide the most current version of the Software, you agree that new updates and versions of the Software may download and install automatically as they are made available by us, in our sole discretion. You agree to receive and permit us to deliver such new updates and versions to you. If you are using the Freemium Version you have the right to receive all of the new features and versions of the Software as we, in our sole discretion, makes available. You will have to agree to any additional terms that may be included in the updates and new features. Certain Software features and components are updated from time to time, such updates might include the following (without limitation): software and products that are identified by the Software as threats including without limitation, malware (collectively, “Protection Updates”). You shall have the right to receive Protection Updates for the Software while you are using the Software.
  4. Fees.
    • In case you choose to install our Freemium Version, no fees will apply to your use of such edition.
  5. Term.
    • These Terms and license hereunder are valid as of the date in which you installed the Software and until the license is terminated and/or the Software is uninstalled from your device.
  6. Termination.
    • Termination by you. These Terms and license may be terminated by you at any time by uninstalling and removing the Software from your device, and by ceasing to use the Website.
    • Termination by us. Without prejudice to any other rights we may have, these Terms and the license granted to you hereunder automatically terminate without notice, if you fail to comply with or breach any provision of these Terms. In no event will we be liable for the suspension, removal of or disabling of your access to ByteFence or to any feature available therein. We may terminate these Terms at any time with or without prior notice.
    • Effects of Termination. Section 7, 8 13-17 of these Terms will survive any termination or expiration of these Terms. Your rights to use ByteFence ceases upon termination or expiration of these Terms.
  7. Technical Assistance.
    • When you use the Website and/or Bytefence, we or a third-party vendor (the “Technical Assistant”), may offer you certain technical assistance and/or support via a call center or a live chat (the “Technical Assistance”). When providing Technical Assistance, the Technical Assistant will use commercially reasonable efforts to assist you and may also need to, directly or by providing you with directions, to (i) remotely connect and take control of your equipment, including in order to run scripts, make changes to its configuration, install and uninstall software (including third party proprietary software which may be protected by law), and make other changes to the equipment and/or software settings of such equipment as may be necessary to address your issues; (ii) download and install a software program allowing the Technical Assistant to gain remote access to your device, gather information about the device and its operations, diagnose and repair the problem, and change device settings. Such software will cease all operation once the Technical Assistance is complete.
    • By allowing the above actions you hereby acknowledge and agree that: (a) You grant the Technical Assistant full or limited access to your equipment, software and network, and authorize the Technical Assistant to make such modifications as described above or as otherwise advised by the Technical Assistant during delivery of the Technical Assistance; (b) the Technical Assistant, or you acting on the Technical Assistant’s direction may alter, delete or corrupt software or data on your equipment, change equipment, software or network settings, or otherwise interfere with the proper operation of your equipment, software or network; (c) the Technical Assistant may have access to any information stored on your device, even though such the Technical Assistant is trained not to access more information than necessary to resolve the issues for which you are requesting his support. You must nevertheless remain in front of your device screen to observe the actions of the Technical Assistant while they are assisting you and you may end the live support session at any time; (d) It is solely your responsibility to maintain backup of all your data, software and/or programs before receiving any Technical Assistance. If you cannot or do not provide remote access to your Device and/or you cannot or do not download and install the additional support software on your device or follow the instructions provided by the Technical Assistant, the Technical Assistant may not be able to provide the required assistance or support. You hereby acknowledge and agree that despite our efforts, due to a variety of reasons and the complexity of issues which may occur, the Technical Assistant may not be able to resolve the issues you are experiencing. Additional Technical Assistance is provided by using Internet chat and remote desktop sharing, and you must maintain at all time access to a strong Internet connection to receive the services.
  8. Third Party Service Providers.
    • We may use third parties to provide us with maintenance, analysis, audit and development services with respect to ByteFence and in such instances we may provide your information to such third parties. We currently use the following third party providers: (i) Google Analytics to analysis and monitor our performance. You can read about the measures taken by Google to protect your information at: http://www.google.com/intl/en/policies/privacy/ We also implemented Demographic & Interest reports feature by Google Analytics Advertising service. We are enabling Google Analytics to collect data from you via Google advertising cookies and anonymous identifiers. You can read more about such practice here: https://support.google.com/analytics/answer/2700409?hl=en We are using such Demographic & Interest reports received from Google for statistical analytics and to better optimize ByteFence for you. You can opt- out of such Google Analytics Advertising feature through Google Analytics' currently available opt-outs in the following link: https://tools.google.com/dlpage/gaoptout/; (ii) Amazon Web Services, Inc. servers to process your information. You can read about the measures taken by Amazon to protect the security of their servers and your information at: https://d0.awsstatic.com/whitepapers/aws-security- whitepaper.pdf; (ii) ZenDesk, Inc. to provide you with support services. You can read about the measures taken by ZenDesk to protect the security of their servers and your information at: https://www.zendesk.com/company/customers-partners/privacy-policy/; (iv) Hotjar Ltd. to better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device's IP address (processed during your session and stored in a de- identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf. You can read about the measures taken by Hotjar to protect the security of their servers and your information at: https://www.hotjar.com/legal/policies/privacy/; (v) Mailchimp - You can read about the measures taken by Mailchimp to protect the security of their servers and your information at: https://mailchimp.com/legal/privacy/; (vi) Adoric - You can read about the measures taken by Adoric to protect the security of their servers and your information at: https://adoric.com/privacy.
  9. Ownership; Intellectual Property Rights.
    • All right, title and interest in and to ByteFence, any related features and/or services and any derivatives thereof improvements and modifications thereto, including associated intellectual property rights, evidenced by or embodied in and/or attached/connected/related to ByteFence or any related features and/or services, are and will remain owned solely by us or our licensors. These Terms do not convey an interest in or to ByteFence, but only a limited right of use in accordance with the terms herein. Nothing in these Terms constitutes a waiver of our intellectual property rights under any law. The license granted to you herein is neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by us regarding future functionality or features. You acknowledge and agree that the technology manifested in the operation of the Software constitutes our and our suppliers’ valuable trade secrets and know-how and to the extent you discover any such trade secrets, you will not disclose them to any third party. Any disclosure or unauthorized use thereof will cause us irreparable harm and loss.
  10. Your Representations and Warranties.
    • You represent and warrant that you: (i) will only use ByteFence as permitted herein; (ii) agree to comply with all applicable laws, rules, regulations, and/or industry best practices while using ByteFence; (iii) won’t use ByteFence for fraudulent and/or inappropriate purpose; (iv) shall not prevent others from using ByteFence; (v)are not located in a country that is subject to U.S. Government embargo or has been designated by the U.S. Government as a “terrorist supporting” country; and (v) are not listed on any of U.S. Government list with respect to prohibited or restricted parties.
  11. Privacy.
    • ByteFence Privacy Policy available here: https://www.bytefence.com/privacy.aspx sets forth the data and information that may be accessed, collected, used and/or shared by us from data and information that is generated by you in connection with your use of ByteFence. If you believe that your privacy right has been violated while using ByteFence, please contact us at: support@bytefence.com.
  12. U.S. Government User.
    • The restrictions as set forth in these Terms and DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), restrict any use, duplication, or disclosure of ByteFence by the U.S. ,as applicable. Alpha Criteria Ltd. is the manufacturer.
  13. Export Laws.
    • You agree that: (i) you will comply in full with all U.S. export laws and regulations to ensure that ByteFence and/or any technical applicable data are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations; and (ii) you will not export nor re-export ByteFence and/or any technical data related thereto to any U.S. embargoed country.
  14. Disclaimer of Warranties.
    • BYTEFENCE IS PROVIDED TO YOU WITHOUT WARRANTY ON “AS IS” BASIS. WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, AND NONINFRINGEMENT AND ANY WARRANTIES AND CONDITIONS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT: (I) BYTEFENCE WILL BE ERROR FREE OR THAT ERRORS ARE CORRECTED AND/OR MEET YOUR REQUIREMENTS; (II) THE OPERATION OF BYTEFENCE WILL BE UNINTERRUPTED; OR (III) BYTEFENCE IS, OR WILL BE AVAILABLE WHERE YOU RESIDE OR IN ANY OTHER PARTICULAR LOCATION. IN CASE OF DISSATISFACTION WITH BYTEFENCE YOUR ONLY RIGHT OR REMEDY IS TO UNINSTALL AND CEASE THE USE OF BYTEFENCE. Further and not notwithstanding any other terms set forth herein, we are not obligated to maintain or support ByteFence, or to provide you with any updates, fix errors or any other features. You agree and acknowledge that you are solely responsible for (and that we have no responsibility to you or to any third party) for your use of ByteFence. You acknowledge that you are responsible and assume all risk for any breach of your representations and warranties herein, and for any loss or damage which we may suffer as a result of any such breach.
  15. Limitation of Liability.
    • UNDER NO CIRCUMSTANCES WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY TO THE EXTENT PERMITTED UNDER APPLICABLE LAW FOR ANY, SPECIAL, INCIDENTAL, INDIRECT OR EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF SERVICE INTERRUPTION, GOODWILL, MALFUNCTION, OR COMPUTER FAILURE, LOSS OF DATA OR BUSINESS INFORMATION OR PROFITS, LOSS OF COMPUTER CONFIGURATIONS OR ADDITIONAL SOFTWARE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES ARISING IN CONNECTION WITH ANY USE OF BYTEFENCE OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION OR THESE TERMS , THE UNINSTALLATION, USE OF OR INABILITY TO USE BYTEFENCE UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR TOTAL LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED ONE HUNDRED U.S DOLLARS.
  16. Indemnity.
    • You will defend, indemnify and hold us, our parent corporation, officers, directors, employees and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use and/or access of ByteFence; (ii) any violation you commit of these Terms; or (iii) your violation of any third party right, (e.g. any intellectual property right, or privacy right).
  17. Governing Law and Disputes.
    • This Agreement will be governed by, construed, and enforced in accordance with the laws of New York, without regard to its conflicts of law principles or provisions. The parties specifically exclude from application to this Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. Any disputes arising out of or in connection with this Agreement shall be exclusively settled under the “ICC Rules” (the Rules of Arbitration of the International Chamber of Commerce) by one arbitrator appointed according to the ICC Rules (the “Arbitrator”). Any award passed by the Arbitrator shall be final and binding on both parties (the “Arbitration Award”). In a case of arbitration, it will be conducted in New York in the English Language, on a confidential basis. Nothing herein shall prevent either party from applying to any court of law to obtain injunctions, equitable relief or any equivalent remedy, against the other Party, in order to restrain the breach of any restrictive covenants pursuant to this Agreement. Any Arbitration Award shall be enforceable in any court of competent jurisdiction. Any motion to enforce or vacate the Arbitration Award under this agreement shall be kept confidential to the maximum extent possible. Accordingly, for any claim that you have with us, you agree, prior to filing any suit or proceeding, to first contact us and attempt to resolve the claim informally by sending us a written notice of your claim (“Notice”). If you and we cannot reach an agreement to resolve the claim within 30 days after the Notice is received, then either party may file a claim in court. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO BYTEFENCE OR THE TERMS SPECIFIED HEREIN MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  18. General.
    • These Terms constitutes the entire understanding between you and us, with respect to the matters herein. Section headings in these Terms are provided for convenience purpose only with no legal or contractual significance. In case that any of the provision in these Terms will be held unenforceable by a court of law, it shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of the Terms shall continue to be in full force and effect. Any failure to enforce rights or to take action against you in the event of a breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches. You may not assign any right under these Terms without our prior written consent. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. Nothing in these Terms will be construed as creating a joint venture, partnership, employment or agency relationship between you and us, and you do not have any authority to create any obligation or make any representation on our behalf.
  19. Contact Us.
    • If you have any questions (or comments) concerning these Terms, you are most welcomed to contact us at support@bytefence.com and we will make an effort to reply within a reasonable timeframe.
  20. Open Source Licenses.