You must be at least 18 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us. ##
3. User Accounts
You may need to register for an account to access some of our Services. If you register for an account, you must provide accurate account information, including your first and last name, your email address, time zone, password and other data on the forms presented on the website. You must promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames. ##
4. Paid Services
Bitss offers fee-based Bitss Services that provide additional features and functionality. Pricing and services for paid accounts are described on Bitss’s Services pricing page and may be updated from time to time. If you sign up for a paid account, you agree to pay Bitss all applicable fees for the tier of Bitss Services according to your selection. Fees are non-refundable except as required by law or as otherwise specifically permitted in this Agreement. If your account is set to auto-renew or is in a trial period and you have already provided a method of payment to Bitss for the Services, Bitss will charge your payment account automatically at the end of the trial or beginning of each renewal term for the renewal term, unless you notify us that you want to cancel or disable auto-renewal before the expiration of the then-current term. Customer will pay Bitss invoices on the payment interval selected. If not otherwise specified, payments will be due immediately. Customer authorizes Bitss to charge Customer for all applicable Fees using Customer’s selected payment method through Bitss’s online payments platform. Customer will provide complete and accurate billing and contact information to Bitss. Fees are exclusive of taxes, duties, levies, tariffs, and other governmental charges (collectively, “Taxes”), and Customer is responsible for all Taxes resulting from this Agreement or Customer’s use of the Bitss Services. Bitss will invoice Customer for Taxes when required to do so by applicable law, and Customer agrees to provide payment under the terms of the invoice. Either you or we may cancel that Service (or we may discontinue that Service completely) by providing 30 days' written notice to the other party, in which case the Service will terminate on the date specified in that cancellation notice. If no date is specified, the Service will terminate at the end of the then-current billing period (for paid Services). You will not be entitled to any refund if you cancel a Service. If you are availing of a free Service, we may terminate it immediately upon notice (which may be via an announcement on the Site). If for any reason we do cancel a Service (which we may do at our sole discretion) , or are no longer able to continue a Service, you will only be entitled to a refund of fees already paid, calculated pro rata, for the unexpired period of the subscription. ##
5. User Content
Our Services may allow you and other users to create, post, store and share content, including messages, text, photos, videos, software and other materials (collectively, “User Content”). You are fully responsible for your User Content. You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
You will not access, store, distribute or transmit any Viruses, or any material during the course of your use of the Services that:
- is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
- facilitates illegal activity;
- depicts sexually explicit images;
- promotes unlawful violence;
- is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability;
- in a manner that is otherwise illegal or causes damage or injury to any person or property; or
- is for the purpose of tracking spam-related material.
You acknowledge that you are solely responsible for ensuring that your use of the Services does not infringe this Clause 5. We reserve the right, without liability or prejudice to our other rights, to disable your access if we become aware of any use of any material that breaches the provisions of this Clause.
6. Intellectual PropertyExcept for any User Content , Customer acknowledges and agrees that Bitss is the sole and exclusive owner of all right, title and interest in and to the Bitss Services and all related documentation, source code, tools, scripts, processes, techniques, methodologies, inventions, know-how, concepts, formatting, arrangements, visual attributes, ideas, database rights, copyrights, patents, trade secrets, and other intellectual property, and all derivatives, enhancements, modifications and improvements thereof (“Bitss Materials”). Nothing in this Agreement or any other document shall be deemed to transfer ownership of the Bitss Materials. Except for the limited license rights expressly granted herein, no rights to Bitss Materials are granted hereunder and all rights in such Bitss Materials are reserved. Bitss Services may utilize third party software or source code, including without limitation Open Source Software (“Third Party Materials”). Bitss has no control over Third Party Materials. Accordingly, Bitss is not responsible or liable for any Third Party Materials. While Bitss has no obligation to monitor Third Party Materials, Bitss may remove or modify such Third Party Materials in its discretion, including without limitation to comply with Law. Customer agrees to comply with all terms and conditions and privacy policies related to any Third Party Materials.
7. DisclaimerBitss services are provided “as is” and “as available” without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Customers use of the Bitss services is solely at its own risk. Further, Bitss makes no representations or warranties and shall assume no liability amounts or indemnity obligations with respect to ensuring that customer’s use of the Bitss services comply with any laws or regulations outside the United States and customer shall be solely liable for such compliance. Bitss shall bear no responsibility for third party products or services (e.g., open source software, social media platforms, third party materials or for host or app store providers).
8. Limitation of LiabilityTo the fullest extent permitted by applicable law, Bitss will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Bitss have been advised of the possibility of such damages. To the fullest extent permitted by law, under no circumstances shall Bitss, its officers, directors, employees, subsidiaries, or affiliated companies be liable for any direct, indirect, incidental, special, consequential, or punitive damages, such as, but not limited to, loss of revenue, loss of anticipated profits, goodwill, diminution of value, business interruption costs, or any other intangible losses arising out of any security breach or any other security intrusion due to the limitations of the software used. Unless a separate contract between you and Bitss provides otherwise, the total liability of Bitss for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid by you to use our Services. The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Bitss or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
9. SeverabilityIf any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
10. MiscellaneousNothing in these Terms will be construed to give any party the power to direct or control the daily activities of another party, or to constitute the parties as principal and agent, employer and employee, franchiser and franchisee, partners, joint venturers, co-owners or otherwise as participants in a joint undertaking. The remedies of the parties under these Terms are cumulative and will not exclude any other remedies to which a party may be lawfully entitled. Each party hereby covenants and agrees that it will execute and deliver such deeds and other documents as may be required to implement any of the provisions of these Terms. The failure of any party to insist on strict performance of any provision of these Terms will not be a waiver of such party’s right to demand strict compliance therewith in the future. In the event any provision, clause, sentence, phrase, or word hereof, or the application thereof in any circumstances, is held to be invalid or unenforceable, such invalidity or unenforceability will not affect the validity or enforceability of the remainder hereof, or of the application of any such provision, sentence, clause, phrase, or word in any other.