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[ LEGAL ]

Terms of Service

Last Updated: January 2025

1. Agreement to Terms

By accessing or using Byte-Lxn's website and services, you agree to be bound by these Terms of Service. If you disagree with any part of these terms, you may not access our services.

2. Description of Services

Byte-Lxn provides custom software development, infrastructure engineering, and technology consulting services. Our services include but are not limited to:

  • Custom platform development
  • Data infrastructure design and implementation
  • System automation and optimization
  • Technical consulting and architecture design

3. Service Engagement

3.1 Project Scope

All projects begin with a scoping phase to define requirements, deliverables, and timelines. The scope will be documented in a separate Statement of Work (SOW) or project agreement.

3.2 Changes to Scope

Changes to the agreed-upon scope may result in adjustments to timeline and cost. All scope changes must be documented and mutually agreed upon in writing.

4. Payment Terms

4.1 Fees

Fees for services will be specified in the project agreement. Payment terms may include upfront deposits, milestone-based payments, or recurring fees depending on the engagement type.

4.2 Late Payment

Late payments may result in suspension of services and may incur additional fees. We reserve the right to charge interest on overdue amounts.

4.3 Refunds

Refund policies will be specified in individual project agreements. Generally, work completed is non-refundable.

5. Intellectual Property

5.1 Client-Owned Work Product

Upon full payment, you own the custom code and deliverables created specifically for your project, subject to the terms of the project agreement.

5.2 Byte-Lxn Retained Rights

We retain ownership of our proprietary tools, frameworks, methodologies, and any pre-existing intellectual property. We may reuse general knowledge, techniques, and approaches across projects.

5.3 Third-Party Components

Projects may incorporate third-party open-source or licensed components, which remain subject to their respective licenses.

6. Confidentiality

We treat all client information as confidential and will not disclose it to third parties except as necessary to perform services or as required by law. Confidentiality obligations survive termination of services.

7. Warranties and Disclaimers

7.1 Service Warranty

We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards.

7.2 Disclaimer

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

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BYTE-LXN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability shall not exceed the amount paid by you for the specific services giving rise to the claim.

9. Client Responsibilities

You agree to:

  • Provide timely access to necessary resources, information, and personnel
  • Respond to requests for feedback and approvals in a timely manner
  • Ensure you have rights to any materials you provide to us
  • Comply with all applicable laws and regulations
  • Maintain appropriate backups of your data

10. Termination

10.1 Termination by Either Party

Either party may terminate services with written notice as specified in the project agreement. You remain responsible for payment for work completed up to the termination date.

10.2 Termination for Cause

We may terminate immediately if you breach these terms, fail to make payments, or engage in conduct that we reasonably believe violates applicable law or is harmful to our interests.

11. Indemnification

You agree to indemnify and hold Byte-Lxn harmless from any claims, damages, or expenses arising from your use of our services, your breach of these terms, or your violation of any law or rights of a third party.

12. Governing Law and Dispute Resolution

These terms are governed by the laws of Kenya. Any disputes will be resolved through good faith negotiation. If negotiation fails, disputes will be resolved through binding arbitration or in the courts of Kenya.

13. Changes to Terms

We reserve the right to modify these terms at any time. We will notify you of material changes. Your continued use of our services after changes constitutes acceptance of the modified terms.

14. Miscellaneous

14.1 Entire Agreement

These terms, together with any project-specific agreements, constitute the entire agreement between you and Byte-Lxn.

14.2 Severability

If any provision is found unenforceable, the remaining provisions will continue in full force and effect.

14.3 No Waiver

Our failure to enforce any right or provision will not constitute a waiver of that right or provision.

15. Contact Information

For questions about these Terms of Service, contact us at:

  • Email: legal@byte-lxn.com
  • Website: byte-lxn.com/contact
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