Last Updated: May 6, 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Byteflow Solutions ("Byteflow," "we," "us," or "our") governing your access to and use of our software products, including Abacus and Inspec (collectively, the "Services"), which are currently available exclusively through our closed beta program.
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.
1.1 Limited Availability. The Services are currently in closed beta testing phase and are not publicly available. Access is granted solely at Byteflow's discretion to selected participants.
1.2 Purpose of Beta. The closed beta program is intended to evaluate the functionality, performance, and user experience of the Services prior to general release.
1.3 No Guarantees. As beta software, the Services are provided "as is" with no guarantees regarding uptime, availability, functionality, or continued access. We may terminate the beta program at any time without notice.
2.1 Access Grant. Your access to the Services is non-transferable and granted exclusively to you or your organization as specified in your beta participation agreement.
2.2 Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.
2.3 Eligibility. You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.
3.1 Abacus. A computer vision application designed to track events in manufacturing and other settings. During the beta period, Abacus may have limited functionality and is provided solely for evaluation purposes.
3.2 Inspec. A product specification management platform for organizing and controlling product data, ingredients, packaging, allergens, claims, and nutritional information. During the beta period, Inspec may have limited functionality and is provided solely for evaluation purposes.
4.1 Limited License. Subject to these Terms, Byteflow grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for internal evaluation purposes during the beta testing period.
4.2 Restrictions. You shall not:
5.1 Feedback. You agree to provide reasonable feedback on the Services when requested. You grant Byteflow a perpetual, irrevocable, worldwide, royalty-free license to use, incorporate, and commercialize any feedback you provide.
5.2 Confidentiality. All aspects of the Services, including their features, functionality, performance, and existence, are confidential information. You agree not to disclose any confidential information to any third party without our prior written consent.
5.3 Screenshots and Media. You shall not publish or share screenshots, videos, or other media depicting the Services without our prior written approval.
6.1 User Data. You retain all rights to data you input into the Services ("User Data"). You grant Byteflow a license to store, process, and use User Data solely to provide, maintain, and improve the Services.
6.2 Test Data. We strongly recommend using only test data rather than actual production data during the beta period.
6.3 Privacy. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
7.1 Ownership. Byteflow and its licensors own all right, title, and interest in and to the Services, including all intellectual property rights therein. No rights are granted to you other than as expressly set forth herein.
7.2 Trademarks. Byteflow's name, logo, product names, and all related names, logos, product and service names, designs, and slogans are trademarks of Byteflow or its affiliates. You may not use such marks without our prior written permission.
8.1 Term. These Terms commence when you first access the Services and continue until terminated.
8.2 Termination by You. You may terminate these Terms at any time by ceasing all use of the Services and providing written notice to us.
8.3 Termination by Us. We may terminate these Terms and your access to the Services at any time, with or without cause, without notice.
8.4 Effect of Termination. Upon termination:
9.1 Beta Status. THE SERVICES ARE PROVIDED IN BETA FORM "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
9.2 Specific Disclaimers. BYTEFLOW SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
9.3 No Guarantees. BYTEFLOW MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, OR BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
10.1 Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BYTEFLOW BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES.
10.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BYTEFLOW'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
You agree to defend, indemnify, and hold harmless Byteflow and its officers, directors, employees, agents, and affiliates 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 or your use of the Services.
12.1 Governing Law. These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law principles.
12.2 Dispute Resolution. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in South Africa, using the English language in accordance with the then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.
12.3 Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
12.4 No Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
12.5 Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer these Terms without such consent will be null. We may assign or transfer these Terms, at our sole discretion, without restriction.
12.6 Amendments. We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.
12.7 Entire Agreement. These Terms, including any additional terms incorporated by reference, constitute the entire agreement between you and Byteflow regarding the Services and supersede all prior agreements and understandings, whether written or oral.
If you have any questions about these Terms, please contact us at:
Byteflow SolutionsBy using the Services, you acknowledge that you have read these Terms, understand them, and agree to be bound by them.