Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (the "Customer," "Client," "User," or "you") and LyBTec Solutions LLC ("LyBTec," "Company," "we," "us," or "our") governing your access to and use of our products, services, software, platforms, and website (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and any additional terms applicable to specific Services. If you do not agree to these Terms, you must not access or use our Services.

2. Eligibility and Account Registration

2.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our Services. By using our Services, you represent and warrant that you meet these requirements. If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2.2 Account Registration

To access certain features of our Services, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized access or security breach.

3. License and Access

3.1 License Grant

Subject to your compliance with these Terms and payment of applicable fees, LyBTec grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes. This license does not include the right to sublicense, distribute, sell, or commercially exploit the Services.

3.2 Restrictions

You agree not to:

• Copy, modify, adapt, translate, or create derivative works of the Services
• Reverse engineer, decompile, disassemble, or attempt to discover the source code of the Services
• Rent, lease, lend, sell, sublicense, or otherwise transfer rights to the Services
• Remove, alter, or obscure any proprietary notices from the Services
• Use the Services for any illegal, unauthorized, or prohibited purpose
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Attempt to gain unauthorized access to any portion of the Services or related systems
• Use the Services to transmit malware, viruses, or other harmful code
• Scrape, harvest, or collect data from the Services using automated means without permission
• Use the Services in any manner that could damage, disable, or impair the Services

4. Fees and Payment

4.1 Subscription Fees

Access to certain Services requires payment of subscription fees as specified in your service agreement or pricing plan. Fees are billed in advance on a recurring basis (monthly, annually, or as otherwise agreed) and are non-refundable except as expressly provided in these Terms or required by law.

4.2 Payment Terms

You agree to provide valid payment information and authorize us to charge your payment method for all fees. If payment fails, we may suspend or terminate your access to the Services. All fees are exclusive of applicable taxes, which you are responsible for paying. We reserve the right to modify pricing with 30 days' notice to existing customers.

4.3 Refunds

Refunds are provided at our sole discretion and only in circumstances where the Services fail to perform as described or as required by applicable law. Refund requests must be submitted within 30 days of the charge.

5. Data and Privacy

5.1 Your Data

You retain all rights to data you submit to the Services ("Customer Data"). You grant us a limited license to use, store, process, and transmit Customer Data solely to provide and improve the Services. You are responsible for ensuring you have all necessary rights and consents to provide Customer Data to us.

5.2 Data Protection

We implement technical and organizational measures to protect Customer Data. For healthcare-related Services, we comply with HIPAA and serve as a Business Associate. Our data practices are detailed in our Privacy Policy, which is incorporated into these Terms by reference.

5.3 Data Processing and AI

Our Services utilize artificial intelligence and machine learning technologies. Customer Data may be used to train and improve our AI models, but only in accordance with our Privacy Policy and Responsible AI principles. We implement data anonymization and other safeguards to protect sensitive information.

6. Intellectual Property

6.1 Our Intellectual Property

The Services, including all software, content, designs, trademarks, and other materials, are owned by LyBTec or our licensors and are protected by intellectual property laws. Nothing in these Terms grants you any rights to our intellectual property except the limited license described in Section 3.

6.2 Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, incorporate, and exploit such feedback without compensation or attribution.

7. Warranties and Disclaimers

7.1 Service Availability

We strive to maintain high availability of our Services but do not guarantee uninterrupted or error-free operation. We may suspend or modify the Services for maintenance, updates, or other reasons with reasonable notice when possible.

7.2 Disclaimer of Warranties

THE 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, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.

7.3 Medical Disclaimer

Our healthcare-related Services are tools to assist healthcare professionals and are not substitutes for professional medical judgment. Clinical decisions remain the responsibility of qualified healthcare providers. We are not liable for medical decisions or outcomes based on use of our Services.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LYBTEC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR $1,000, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless LyBTec and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) Customer Data you provide to the Services.

10. Term and Termination

10.1 Term

These Terms commence when you first access or use the Services and continue until terminated as described below.

10.2 Termination by You

You may terminate your account at any time by contacting us or using account settings. Termination does not relieve you of obligations to pay any outstanding fees.

10.3 Termination by Us

We may suspend or terminate your access to the Services immediately if you violate these Terms, fail to pay fees, or for any reason at our discretion with 30 days' notice (except in cases of material breach, which may be terminated immediately).

10.4 Effect of Termination

Upon termination, your right to use the Services immediately ceases. We will provide you reasonable opportunity to export Customer Data (typically 30 days). After this period, we may delete Customer Data unless retention is required by law. Provisions that by their nature should survive termination will survive, including ownership, warranty disclaimers, indemnity, and limitation of liability.

11. Compliance with Laws

You agree to comply with all applicable laws and regulations in your use of the Services, including:

• Data protection and privacy laws (GDPR, CCPA, HIPAA, etc.)
• Healthcare regulations (if applicable)
• Export control and sanctions laws
• Anti-bribery and anti-corruption laws
• Industry-specific regulations applicable to your business

12. Dispute Resolution

12.1 Informal Resolution

Before filing a formal claim, you agree to contact us at legal@lybtec.com to attempt to resolve the dispute informally. We will work in good faith to resolve disputes within 60 days.

12.2 Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration will be conducted in Spokane, Washington. The arbitrator's decision will be final and binding. You waive any right to a jury trial or to participate in a class action.

12.3 Exceptions

Either party may seek injunctive relief in court to protect intellectual property rights or confidential information without first engaging in arbitration.

13. General Provisions

13.1 Governing Law

These Terms are governed by the laws of Washington State, United States, without regard to conflict of law principles.

13.2 Entire Agreement

These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and LyBTec regarding the Services and supersede all prior agreements and understandings.

13.3 Amendments

We may modify these Terms at any time by posting the updated Terms on our website and updating the "Last Updated" date. Material changes will be notified via email or in-product notification. Continued use of the Services after changes constitutes acceptance of the modified Terms.

13.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets with notice to you.

13.5 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

13.6 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

13.7 Force Majeure

Neither party will be liable for any delay or failure to perform obligations due to causes beyond reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.

14. Contact Information

For questions or concerns about these Terms, contact us: