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1. Introduction

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Byte Optimizer LLC, a Wyoming limited liability company ("Company," "Byte Optimizer," "we," "our," or "us").

These Terms govern your access to and use of:

  • The Byte Optimizer website at byteoptimizer.com (the "Website");
  • The Byte Optimizer client portal at portal.byteoptimizer.com (the "Portal");
  • The OnScanner web vulnerability, security and privacy scanning platform, SaaS Service at onscanner.com, covering unauthenticated and authenticated scans ("OnScanner");
  • All professional cybersecurity services, including manual penetration testing, compliance consulting, and related advisory services (the "Professional Services"); and
  • Any other services, applications, or platforms operated by Byte Optimizer (collectively with the above, the "Services").

OnScanner product terms. OnScanner also has product-level Terms of Service published at onscanner.com/terms-of-service. Where the two documents address the OnScanner product, the product-level terms control; these Terms continue to govern everything else, including the Website, the Portal, and the Professional Services.

By accessing or using any of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Services.

If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" or "Client" shall refer to that entity.

2. Definitions

For the purposes of these Terms, the following definitions apply:

  • "Account" means a registered user account on the Portal or OnScanner platform.
  • "Client Data" means any data, content, or information that you provide, upload, or transmit through the Services, including scan results, reports, configurations, and communications.
  • "Confidential Information" means any non-public information disclosed by either party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
  • "Deliverables" means reports, findings, recommendations, and other work product produced by Byte Optimizer as part of the Professional Services.
  • "OnScanner" or "SaaS Service" means Byte Optimizer's web vulnerability, security and privacy scanning platform, including unauthenticated and authenticated scanning and all associated tools, APIs, and features.
  • "Portal" means the Byte Optimizer client portal at portal.byteoptimizer.com, used for service ordering, project tracking, communication, and account management.
  • "Professional Services" means manual penetration testing, compliance consulting, security assessments, policy development, and other hands-on cybersecurity services performed by Byte Optimizer personnel.
  • "Statement of Work" or "SOW" means a written document that describes the scope, timeline, fees, and specific terms for a Professional Services engagement.
  • "Subscription" means a recurring (monthly or annual) plan for access to the SaaS Service.
  • "Target" means any system, application, network, domain, IP address, or digital asset that is the subject of scanning or testing through the Services.

3. Account Registration & Security

3.1 Account Creation. To access certain Services, you must create an Account through the Portal. You agree to provide accurate, current, and complete information during registration and to update such information as necessary to keep it accurate, current, and complete.

3.2 Account Security. You are responsible for maintaining the confidentiality of your Account credentials (username and password) and for all activities that occur under your Account. You agree to:

  • Use a strong, unique password and enable multi-factor authentication (MFA) when available;
  • Not share your Account credentials with any third party;
  • Notify Byte Optimizer immediately at support@byteoptimizer.com if you suspect any unauthorized access to or use of your Account.

3.3 Account Suspension. We reserve the right to suspend or terminate your Account at any time if we reasonably believe that your Account has been compromised, is being used in violation of these Terms, or poses a security risk to Byte Optimizer or other users.

4. Acceptable Use & Anti-Abuse Policy

Byte Optimizer provides security testing tools and services that, by their nature, can be misused. This section establishes strict boundaries for lawful and authorized use.

4.1 Authorization Requirement. You represent and warrant that you have proper legal authorization to test every Target you submit through the Services. This means:

  • You own the Target system or application; or
  • You have explicit, documented, written authorization from the owner of the Target to perform security testing.

Byte Optimizer may, at its sole discretion, require you to provide proof of authorization before initiating any scan or engagement.

4.2 Prohibited Uses. You agree not to use the Services to:

  • Scan, test, or attack any system, network, or application for which you do not have explicit authorization;
  • Conduct denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks;
  • Exploit vulnerabilities discovered through the Services for any purpose other than authorized remediation;
  • Distribute malware, ransomware, or other malicious code;
  • Violate any applicable local, state, national, or international law or regulation, including but not limited to the Computer Fraud and Abuse Act (CFAA), the General Data Protection Regulation (GDPR), or equivalent laws in your jurisdiction;
  • Interfere with or disrupt the integrity or performance of the Services or third-party systems;
  • Attempt to gain unauthorized access to any portion of the Services, other user accounts, or computer systems or networks connected to the Services;
  • Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services;
  • Resell, sublicense, or redistribute access to the Services without our prior written consent;
  • Use the Services for competitive benchmarking, building a competing product, or any purpose that is detrimental to Byte Optimizer.

4.3 Consequences of Violation. Violation of this Acceptable Use Policy may result in, at Byte Optimizer's sole discretion:

  • Immediate suspension or termination of your Account and access to all Services, without refund;
  • Disclosure of your identity and activities to law enforcement authorities, affected parties, and relevant regulatory bodies;
  • Legal action against you, including claims for damages, injunctive relief, and recovery of costs and attorneys' fees.

Byte Optimizer cooperates fully with law enforcement investigations into suspected unauthorized or illegal activity conducted through our platform.

5. Intellectual Property

5.1 Byte Optimizer IP. The Services, including but not limited to all software, algorithms, scanning methodologies, user interfaces, designs, text, graphics, logos, trademarks, and documentation, are and shall remain the exclusive property of Byte Optimizer or its licensors. These Terms do not grant you any right, title, or interest in the Services except for the limited right to use them in accordance with these Terms.

5.2 Client Data. You retain all ownership rights to your Client Data. By using the Services, you grant Byte Optimizer a limited, non-exclusive, worldwide license to use, process, store, and transmit your Client Data solely as necessary to provide the Services to you and as described in our Privacy Policy.

5.3 Deliverables. Upon full payment, you shall own the Deliverables produced for you through Professional Services engagements. However, Byte Optimizer retains ownership of all underlying tools, methodologies, templates, frameworks, know-how, and pre-existing intellectual property used in creating the Deliverables. Byte Optimizer may also use anonymized, aggregated data derived from engagements to improve its Services.

5.4 Feedback. If you provide any suggestions, ideas, enhancement requests, or other feedback regarding the Services ("Feedback"), you grant Byte Optimizer a perpetual, irrevocable, royalty-free, worldwide license to use such Feedback for any purpose without obligation to you.

6. Confidentiality

6.1 Mutual Obligations. Each party agrees to hold the other party's Confidential Information in strict confidence and not to disclose it to any third party except as expressly permitted herein. Each party shall use the other party's Confidential Information only for the purpose of fulfilling its obligations or exercising its rights under these Terms.

6.2 Byte Optimizer's Obligations. Byte Optimizer shall protect your Confidential Information, including but not limited to scan results, vulnerability reports, security assessment findings, system configurations, and business information disclosed during engagements, with at least the same degree of care it uses to protect its own confidential information, but no less than a reasonable degree of care.

6.3 Client's Obligations. You agree to keep confidential all Byte Optimizer proprietary methodologies, scanning techniques, internal tools, pricing structures (unless publicly available), and any other information designated as confidential by Byte Optimizer.

6.4 Exceptions. Confidential Information does not include information that:

  • Is or becomes publicly available through no fault of the receiving party;
  • Was rightfully in the receiving party's possession before disclosure;
  • Is independently developed by the receiving party without use of the disclosing party's Confidential Information;
  • Is rightfully received from a third party without restriction on disclosure; or
  • Is required to be disclosed by law, regulation, or court order, provided that the disclosing party is given reasonable prior notice and an opportunity to seek protective measures.

6.5 Duration. Confidentiality obligations under this section shall survive termination of these Terms for a period of three (3) years, except for trade secrets, which shall be protected for as long as they qualify as trade secrets under applicable law.

7. Disclaimers & Limitation of Liability

7.1 No Guarantee of Complete Security. You acknowledge and agree that:

  • No security assessment, scan, or test can guarantee the detection of all vulnerabilities, threats, or security weaknesses in a system;
  • The absence of findings in a scan or assessment does not mean that a system is fully secure;
  • Security testing involves inherent risks, including the potential for service disruption, data loss, or system instability on the Target systems;
  • Byte Optimizer is not liable for any damage to Target systems that occurs as a reasonably foreseeable consequence of authorized security testing.

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 THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. BYTEOPTIMIZER DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS WILL BE CORRECTED.

7.3 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • IN NO EVENT SHALL BYTEOPTIMIZER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR REVENUE, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF BYTEOPTIMIZER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • BYTEOPTIMIZER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO BYTEOPTIMIZER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

7.4 Essential Basis. The disclaimers and limitations in this section reflect a reasonable allocation of risk between the parties and form an essential basis of the bargain between you and Byte Optimizer. The Services would not be provided without these limitations.

8. Indemnification

8.1 Client Indemnification. You agree to indemnify, defend, and hold harmless Byte Optimizer, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Services in violation of these Terms;
  • Your violation of any applicable law, regulation, or third-party right;
  • Any unauthorized scanning, testing, or attack conducted through your Account;
  • Any claim by a third party that your use of the Services infringed or misappropriated their intellectual property or other rights;
  • Any inaccuracy in your representation of authorization to test a Target.

8.2 Procedure. Byte Optimizer will provide you with prompt notice of any claim subject to indemnification and will reasonably cooperate with your defense. Byte Optimizer reserves the right to participate in the defense of any claim at its own expense.

9. Termination

9.1 Termination by You. You may terminate your Account and stop using the Services at any time by contacting us at support@byteoptimizer.com or through the Portal. Termination does not relieve you of any obligation to pay fees incurred prior to termination. Refunds for subscriptions and services are governed by our Refund & Payment Policy. Self-serve termination via the Portal cancels auto-renewal at the end of the current billing period and does not entitle you to a mid-period refund. Mid-period termination, refund requests, and billing exceptions must be submitted to support@byteoptimizer.com and are handled at Byte Optimizer's discretion under the Refund & Payment Policy.

9.2 Termination by Byte Optimizer. We may suspend or terminate your access to the Services, in whole or in part, at any time and for any reason, including but not limited to:

  • Violation of these Terms, including the Acceptable Use Policy;
  • Non-payment of fees;
  • A request by law enforcement or a government agency;
  • Discontinuation or material modification of the Services;
  • Unexpected technical or security issues.

9.3 Effect of Termination. Upon termination:

  • Your right to access and use the Services immediately ceases;
  • Byte Optimizer may delete your Client Data after a reasonable retention period (see our Privacy Policy for data retention details);
  • Sections that by their nature should survive termination shall survive, including but not limited to Sections 5 (Intellectual Property), 6 (Confidentiality), 7 (Disclaimers & Limitation of Liability), 8 (Indemnification), and 12 (Governing Law).

10. Modification of Terms

Byte Optimizer reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Website with a revised "Last Updated" date and, for active Account holders, by sending an email notification to the address associated with your Account at least thirty (30) days before the changes take effect.

Your continued use of the Services after the effective date of any modification constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services and terminate your Account.

11. Severability & Entire Agreement

11.1 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

11.2 Entire Agreement. These Terms, together with the Privacy Policy, Refund & Payment Policy, any applicable Statement of Work, and any other documents expressly incorporated by reference, constitute the entire agreement between you and Byte Optimizer regarding the Services and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

11.3 Waiver. No failure or delay by Byte Optimizer in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right preclude further exercise of that or any other right.

11.4 Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without Byte Optimizer's prior written consent. Byte Optimizer may assign these Terms without restriction. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

12. Governing Law & Dispute Resolution

12.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions.

12.2 Informal Resolution. Before initiating any formal dispute resolution proceedings, you agree to first contact Byte Optimizer at info@byteoptimizer.com and attempt to resolve the dispute informally for a period of at least thirty (30) days.

12.3 Arbitration. If the dispute cannot be resolved informally, you and Byte Optimizer agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall take place remotely. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.4 Class Action Waiver. YOU AND BYTEOPTIMIZER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

12.5 Exceptions. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights, confidentiality obligations, or to enforce the Acceptable Use Policy.

13. Contact Information

If you have any questions about these Terms of Service, please contact us:

Schedule A: OnScanner (SaaS) Specific Terms

The following additional terms apply to your use of the OnScanner web vulnerability, security and privacy scanning platform. In the event of a conflict between these Schedule A terms and the general Terms above, these Schedule A terms shall prevail with respect to the SaaS Service; in the event of a conflict with the product-level OnScanner Terms of Service, the product-level terms control.

A.1 License Grant

Subject to your compliance with these Terms and payment of applicable fees, Byte Optimizer grants you a limited, non-exclusive, non-transferable, revocable license to access and use the OnScanner platform during your active Subscription period for the sole purpose of scanning Targets that you are authorized to test.

A.2 Subscription Plans & Scan Limits

OnScanner is available through monthly subscriptions, annual subscriptions, and one-time scan purchases. Each plan includes specific limits on the number and frequency of scans, Target domains, and available features as described on the Website or Portal at the time of purchase. Usage beyond plan limits may result in additional charges or temporary suspension of scanning capabilities.

A.3 Target Verification

Before scanning any Target, you may be required to verify ownership or authorization through methods specified by Byte Optimizer (e.g., DNS record verification, file upload, or meta tag placement). You agree not to circumvent or falsify any verification process.

A.4 Scan Results & False Positives

OnScanner scan results are provided for informational purposes and represent automated findings at the time of the scan. You acknowledge that:

  • Automated scanning may produce false positives (reported vulnerabilities that do not actually exist) and false negatives (vulnerabilities that are not detected);
  • Scan results do not constitute a comprehensive security assessment or a guarantee of security;
  • You are responsible for independently validating scan findings before taking remediation action;
  • Byte Optimizer is not liable for any actions you take or fail to take based on scan results.

AI Features & Outputs. OnScanner's AI features (AI Findings and AI compliance analysis) are optional and opt-in per scan, and may be billed in credits as disclosed at purchase. When you enable them, your scan findings and Target metadata are sent to a third-party AI provider to generate the analysis. AI outputs are advisory only and may be inaccurate, hallucinated, or inconsistent. You agree to independently verify AI-flagged findings before acting on them. AI compliance assessments are not a certification or legal advice. Byte Optimizer disclaims all liability for decisions or omissions based on AI output, and AI features may be modified, throttled, or removed at any time without notice. See Section 4 of the Privacy Policy for how AI processing handles your data and how to opt out.

A.5 Service Availability & Uptime

Byte Optimizer will use commercially reasonable efforts to maintain OnScanner availability of 99.9% uptime measured on a monthly basis, excluding scheduled maintenance and force majeure events. Scheduled maintenance windows will be announced at least 24 hours in advance when practicable. This is not a guaranteed Service Level Agreement (SLA) unless a separate SLA has been executed in writing.

A.6 API Access

If your Subscription plan includes API access, you agree to use the API in accordance with any rate limits, documentation, and usage guidelines published by Byte Optimizer. Excessive or abusive API usage may result in throttling or suspension of API access.

A.7 Subscription Renewal, Credits & Cancellation

OnScanner Subscriptions automatically renew at the end of each billing period (monthly or annual, as selected at purchase) using the payment method on file. Each Subscription plan includes a recurring credit allotment that is applied to your Account at the start of each billing cycle, subject to the plan's specific rollover rules disclosed at purchase. Plan upgrades take effect immediately and are prorated; plan downgrades take effect at the next renewal. You may cancel auto-renewal at any time through the Portal. Cancellation stops the next renewal but does not refund the current period. Mid-period termination, refund requests, and billing exceptions are not handled by the Portal and must be submitted to support@byteoptimizer.com; resolution is at Byte Optimizer's discretion under the Refund & Payment Policy. Credit purchases (one-time and auto-topup) are governed by the Refund & Payment Policy and are non-refundable once credits are applied to the Account balance.

Schedule B: Professional Services Specific Terms

The following additional terms apply to manual penetration testing, compliance consulting, and other Professional Services engagements. In the event of a conflict between these Schedule B terms and the general Terms above, these Schedule B terms shall prevail with respect to Professional Services.

B.1 Statement of Work

Each Professional Services engagement shall be governed by a mutually agreed-upon Statement of Work (SOW) that specifies:

  • Scope of the engagement (Target systems, testing methodology, boundaries);
  • Timeline and milestones;
  • Fees, payment schedule, and deposit requirements;
  • Deliverables;
  • Any special conditions or requirements.

The SOW, together with these Terms, forms the complete agreement for the engagement. No Professional Services work shall commence until the SOW is signed by both parties and any required deposits have been received.

B.2 Authorization to Test

For all penetration testing engagements, you must provide Byte Optimizer with a signed authorization letter ("Rules of Engagement" or "Authorization to Test") before testing begins. This authorization must:

  • Identify the specific Target systems, IP ranges, domains, and applications in scope;
  • Define the testing window (dates and times);
  • Specify any systems, networks, or methods that are explicitly out of scope;
  • Be signed by an individual with legal authority to authorize such testing.

Byte Optimizer reserves the right to refuse or halt any engagement if adequate authorization cannot be verified.

B.3 Client Cooperation

You agree to cooperate with Byte Optimizer during Professional Services engagements by providing timely access to systems, personnel, documentation, and other resources as reasonably requested. Delays caused by lack of Client cooperation may result in timeline adjustments and additional fees.

B.4 Compliance Advisory Disclaimer

Byte Optimizer's compliance consulting services (including but not limited to SOC 2, GDPR, HIPAA, ISO 27001, and privacy policy consulting) are advisory in nature. You acknowledge and agree that:

  • Byte Optimizer does not provide legal advice, and compliance guidance should not be construed as legal counsel;
  • Byte Optimizer does not guarantee that following our recommendations will result in achieving or maintaining any specific certification, compliance status, or regulatory approval;
  • You are solely responsible for your own compliance with applicable laws and regulations;
  • Final compliance decisions and implementations are your responsibility;
  • You should consult with qualified legal counsel regarding legal compliance requirements.

B.5 Engagement Cancellation & Rescheduling

Cancellation and refund terms for Professional Services engagements are governed by our Refund & Payment Policy. Rescheduling requests must be submitted in writing at least seven (7) business days before the scheduled start date. Byte Optimizer will make reasonable efforts to accommodate rescheduling requests, subject to personnel availability.

Questions? → info@byteoptimizer.com