Provider and licensor
BiteTheBytes GmbH
Mainzer Str. 9
36039 Fulda
Germany
Commercial Register: Local Court of Fulda, HRB 5804
Managing Director: Stefan Kraus
Support: support@bitethebytes.com
Definitions
"BiteTheBytes", "we" or "us" means BiteTheBytes GmbH, Fulda, Germany, the developer and licensor of Byte Editor. Website: https://www.bitethebytes.com/. Contact: support@bitethebytes.com.
"Software" means Byte Editor and the updates, upgrades, extensions and fixes supplied for it. "Documentation" means its accompanying user documentation. "Services" means the account, licensing, download, update and support services supplied in connection with Byte Editor.
"User Content" means documents, source code, notes, journals, files, media, workspaces, settings and other material that you create, open, edit or manage with the Software. "Order Terms" means the specific Byte Editor offer and order confirmation applicable to your purchase, together with any individually agreed license terms. "You" or "Licensee" means the individual or legal entity obtaining the license.
1. Agreement and scope
1.1 This EULA governs your use of Byte Editor and its Documentation and Services. Acceptance must occur through a legally valid agreement process in which these terms are made available to you. If you do not agree, do not accept the EULA or use the Software; any statutory rights concerning your purchase remain unaffected.
1.2 The applicable Order Terms determine the purchased license tier and license model, the number of seats, the license duration, and any included updates, maintenance or support. The tier rules in section 3 and the device rules in section 4 apply unless the Order Terms provide otherwise.
1.3 Individually agreed terms take precedence over this EULA. Specific Order Terms take precedence on the commercial matters they expressly address. Mandatory law and the third-party license rights described in section 9 remain unaffected. A later change to an online offer does not retrospectively change an existing purchase.
2. Accounts and purchases
2.1 Obtain the Software and licenses through BiteTheBytes or authorized distribution channels. The seller responsible for your purchase is identified in the checkout and order confirmation. If that seller is FastSpring or another reseller, its sale and payment terms also apply to the purchase; BiteTheBytes remains the licensor of Byte Editor.
2.2 An account and license activation may be required. Keep your credentials secure, provide accurate account information, and promptly report suspected unauthorized use. Do not share credentials or make the Software available to unlicensed users. Authorized organizational administration is permitted within the Order Terms.
2.3 Purchasers must be at least 18 years old and have authority to enter into the contract. A person acting for an organization must be authorized to bind it. Use by minors requires any consent or supervision required by applicable law.
3. License tiers
3.1 Byte Editor is licensed in two tiers, Individual and Company. Both tiers include the same Software feature set and permit personal and commercial work. The tier is independent of the license model (perpetual, subscription or lifetime) described in section 5.
3.2 An Individual license is for one natural person, including a freelancer or sole trader acting in their own name. Only that person may use the license. The Individual tier is intended for solo use and is available only while the annual revenue that you, together with any business you operate, earn from work created with the Software does not exceed USD 200,000.
3.3 A Company license is for a company, organization or other entity. It is sold per seat; authorized employees and contractors may use assigned seats for the entity's work, and each simultaneous user requires an assigned seat. The entity is responsible for its users' compliance. A Company license is required where more than one person uses the Software for the same business, or where the revenue limit in section 3.2 is exceeded. Company licenses additionally include seat pool management, an additional manager role, offline arrangements under section 4.3 and the support level stated in the Order Terms.
3.4 If the conditions for the Individual tier cease to apply, you must change to a Company license for further use within a reasonable period after becoming aware of this. Individual licenses must not be combined or shared to avoid the Company seats required for an organization's users.
3.5 Volume discounts and site license arrangements for Company purchases are pricing terms. They do not change the licensing rights granted by this EULA.
4. Activation, connectivity and devices
4.1 Each Individual license and each assigned Company seat may be activated on up to two devices at the same time. Activations serve the authorized user and do not create additional seats. You may install the Software on further devices that you use; only simultaneous activation is limited.
4.2 To use a different device, deactivate one of the existing activations through the customer portal or, where available, in the Software; the freed activation is then available immediately. To prevent misuse, an activation may be freed in this way at most once within any period of seven days for each Individual license or Company seat. Support may permit additional changes in justified cases, such as hardware failure or theft.
4.3 Internet access is required for account access, activation, license verification, downloads and updates, and for features that connect to remote services. After a successful online check, the Software remains usable without a connection for up to fourteen days; reconnecting refreshes this period, which never extends an expired license term. Offline arrangements for air-gapped workstations are available to Company licensees on request and are governed by their written terms.
4.4 Service access may depend on a valid entitlement and payment when due. Before suspension for a remediable payment or license breach, we will give notice and a reasonable opportunity to remedy it, unless immediate action is justified by fraud, a security risk or another legally sufficient reason. Mandatory rights to withhold payment or contest a charge are not excluded.
5. License duration, maintenance and updates
5.1 Only the license model stated in the Order Terms is granted. A model described below is not an offer to sell that model and does not add rights to a different purchase.
5.2 A perpetual license permits continued use of the versions covered by that license, subject to this EULA. Any separate maintenance term determines entitlement to additional versions and services. Expiry of maintenance does not by itself terminate the perpetual right to use already licensed versions.
5.3 A subscription permits use during its paid term. Billing, renewal and cancellation follow the applicable Order Terms and mandatory law. Ordinary cancellation ends future renewals at the applicable cancellation date; use continues for the remainder of the paid term. On expiry, subscription-only use rights end unless the Order Terms expressly grant a continuing right. Retaining an installer or downloaded copy does not extend the subscription.
5.4 A lifetime license or other special license, if expressly offered, has only the duration and update or service entitlements specified in its Order Terms. No entitlement to unrelated BiteTheBytes products, content libraries or future services is implied.
5.5 Updates or upgrades outside the purchased entitlement may require a separate purchase. These commercial limits do not exclude updates, including security updates, or other remedies that must be provided under mandatory law.
6. Refunds and withdrawal
6.1 The accompanying Byte Editor Refund Policy explains withdrawal and refund handling. No additional voluntary money-back guarantee is granted by this EULA or that policy.
6.2 Mandatory withdrawal rights, rights concerning defective or undelivered digital products, and other non-excludable remedies remain unaffected. Downloading, installing, activating or accepting this EULA does not, by itself, waive a statutory withdrawal right. A breach allegation or purchase through a reseller does not automatically remove statutory remedies.
7. Grant of license and User Content
7.1 Subject to the applicable entitlement, BiteTheBytes grants you a non-exclusive license to install and use Byte Editor and its Documentation for personal or commercial purposes within the Order Terms. Rights to the Software are licensed; its copyright is not transferred to you.
7.2 You may use Byte Editor to create, view, edit, organize, convert, print and export User Content, including material that you are authorized to handle for clients, employers or other third parties. The fact that Byte Editor can open a file does not grant rights in that file.
7.3 You and the relevant rights holders retain their rights in User Content. BiteTheBytes acquires no ownership or royalty entitlement in your documents, source code or other output merely because Byte Editor was used. You may distribute your own output subject to any third-party rights in material included in it.
7.4 The Software does not grant a license to other BiteTheBytes products or their asset libraries. Examples, fonts, icons or other supplied materials remain subject to their applicable notices and licenses; they are not automatically transferred to you as separate products.
8. Restrictions
8.1 Except as permitted by the Order Terms, a relevant third-party license, or mandatory law, you may not sell, rent, lease, sublicense or distribute the Software, or provide independent access to it to persons not covered by your license.
8.2 You may not unlawfully bypass or tamper with license verification, use fraudulent entitlements, or share activation credentials to evade the purchased limits. Lawful account administration and device management through supported mechanisms are permitted.
8.3 You may not modify, disassemble, decompile or reverse engineer the proprietary Software except as expressly permitted or allowed by mandatory law. Rights to make necessary backup copies, observe, study or test the program, and obtain interoperability information to the extent permitted by law are preserved.
8.4 Do not remove proprietary notices or infringe third-party rights. Restrictions on transferring a license do not override legally applicable exhaustion or other mandatory transfer rights. Editing your own documents, code, settings or profiles through supported functionality is not a prohibited modification of the Software.
9. Third-party components
9.1 Byte Editor includes third-party components, including open-source software. Their copyright notices and license texts are supplied with the application, including its third-party license notices and Electron/Chromium license files.
9.2 Those components remain subject to their respective licenses. If this EULA conflicts with a license applicable to a third-party component, that license prevails for that component. Nothing in this EULA removes rights granted under those licenses.
9.3 Byte Editor includes FFmpeg under the GNU Lesser General Public License version 2.1 or later. The Third-Party Licenses link in the About dialog and the licenses directory supplied with the application identify component licenses, included source code and build information. Rights granted by those licenses, including rights to modify covered components and reverse engineer for debugging those modifications where provided by the applicable license, remain unaffected.
10. Data protection and remote services
10.1 Account, licensing and update functions process information necessary for those functions, which may include account and license identifiers, a device identifier, device name, operating system and technical request or security information. Processing must follow applicable data-protection law and the relevant privacy notices.
10.2 Purposes, legal bases, recipients, retention periods and data-subject rights are described in the applicable privacy notice. This EULA does not replace that notice or constitute consent to data processing. Privacy questions may be sent to support@bitethebytes.com.
10.3 When you connect to remote workspaces, repositories, websites or other third-party services, information required for the selected function may be transmitted to those destinations. You are responsible for having permission to connect and transfer the relevant content. Their own terms and privacy notices may apply.
11. Support and confidentiality
11.1 Support entitlements follow the Order Terms. You need not submit confidential files to request help; a description or reduced example may be sufficient. Only supply material that you are authorized to share.
11.2 Content voluntarily supplied for support may be processed as necessary to investigate and resolve the request. It is treated confidentially and is not licensed for publication or unrelated commercial exploitation by that submission. Access by service providers, retention and legally required disclosure remain subject to appropriate safeguards and applicable data-protection obligations.
11.3 Each party must protect non-public information disclosed by the other in circumstances reasonably indicating confidentiality and use it only for the relevant contractual purpose. Public information, information already lawfully known, independently developed information, and information lawfully obtained from another source are excluded. Legally required disclosures remain permitted.
11.4 These confidentiality duties survive for five years after termination; trade secrets remain protected for as long as they qualify for legal protection. Publicly distributed software and documentation are not confidential merely because they are covered by this EULA.
12. Communications and feedback
12.1 Operational and contractual notices may be sent by email, through the account portal or in the Software, subject to any legally required form or durable-medium requirement. Keep your contact information current. Marketing communications require a lawful basis and any consent required by law; this EULA is not marketing consent.
12.2 You may voluntarily provide suggestions or feedback. To the extent you control the relevant rights, you permit BiteTheBytes to use that feedback to improve its products without compensation. This permission does not authorize use of confidential User Content or personal data beyond the purposes and permissions applicable to that content.
13. Product conformity, warranty and liability
13.1 The agreed product description and applicable statutory conformity requirements govern the Software. No additional guarantee of uninterrupted or entirely error-free operation is given. Mandatory rights concerning conformity, updates, repair, replacement, price reduction, termination or damages are not excluded.
13.2 Review the disclosed system requirements and keep appropriate backups when editing files. This does not transfer BiteTheBytes' own legal responsibilities to you or waive your rights in the event of a defect. Trials and beta releases carry the limitations disclosed for those releases, subject to mandatory law.
13.3 BiteTheBytes' liability is unlimited for intent, gross negligence, injury to life, body or health, and liability that cannot lawfully be limited, including applicable product liability. Liability under an expressly assumed guarantee remains governed by that guarantee.
13.4 For slight negligence, BiteTheBytes is liable for breach of essential contractual obligations on which you may normally rely, limited to the typical loss foreseeable when the contract was concluded. Liability for other slight negligence is excluded only to the extent permitted by applicable law. More protective mandatory rules applicable to you prevail.
14. Termination and its effects
14.1 This EULA applies for the duration of the applicable use rights. Ordinary subscription cancellation follows section 5.3. Expiry of a maintenance plan does not itself terminate a perpetual license.
14.2 Either party may terminate for a legally sufficient material breach, normally after notice and a reasonable opportunity to remedy it, unless the law permits immediate termination. BiteTheBytes may act against fraud, unlawful circumvention or unauthorized distribution, subject to these requirements.
14.3 When a license validly ends, stop using the Software under that license and remove copies that you are no longer entitled to use. This does not affect rights under a separate valid license or a third-party component license. Refunds and other remedies follow the applicable contract and mandatory law.
14.4 Your rights in User Content are not terminated. You need not delete your documents or workspaces and may continue to use them with another lawfully available application. Ownership, confidentiality, accrued payment obligations, and provisions intended to survive termination remain effective to the extent applicable.
15. Changes to these terms
15.1 The version validly agreed for your purchase governs that purchase. New EULA versions may be offered with new purchases or versions of the Software. Merely publishing changed terms, your silence, or continued use does not automatically replace the terms of an existing license.
15.2 Changes to an existing agreement require your agreement or another legally valid basis and any required notice or cancellation rights. Statutory obligations and terms expressly agreed for continuing services remain applicable. A perpetual entitlement is not reduced merely by publication of a new EULA.
16. General provisions
16.1 If a provision is invalid or unenforceable, the remaining agreement continues to apply to the extent permitted by law. Applicable statutory rules govern the resulting gap.
16.2 Assignment or transfer of contractual rights or obligations requires any consent and form required by law. Contractual restrictions do not override mandatory transfer rights. Any transfer by BiteTheBytes must preserve your rights and comply with applicable law.
16.3 This EULA does not create a partnership, employment or agency relationship. Neither party may bind the other by reason of this EULA alone.
17. Governing law and jurisdiction
17.1 German law governs this EULA, excluding the UN Convention on Contracts for the International Sale of Goods to the extent applicable. Consumers retain the protection of mandatory rules of the country in which they habitually reside where those rules apply.
17.2 The courts in Fulda, Germany, have exclusive jurisdiction only where a valid jurisdiction agreement may be made, including with merchants within the meaning of German commercial law, legal entities under public law and special funds under public law. Otherwise statutory jurisdiction applies. This EULA does not require consumers to bring or defend proceedings in Fulda contrary to mandatory law.
17.3 Contact concerning this EULA: BiteTheBytes GmbH, support@bitethebytes.com, https://www.bitethebytes.com/.