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Check Out Our ROI CalculatorWelcome to bitsIO. These Terms and Conditions ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and bitsIO ("Company," "we," "us," or "our"), governing your access to and use of the bitsIO website, mobile application, software, APIs, and any related services (collectively, the "Services").
PLEASE READ THESE TERMS CAREFULLY. By accessing, registering for, downloading, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must strictly prohibit yourself from using the Services. Your continued use of the Services constitutes your acceptance of these Terms and any future modifications.
For the purposes of this Agreement, the following definitions shall apply:
Content on this website is provided forgeneral information purposes only and does not constitute legal, financial, orprofessional advice. Decisions based on information from this website are made at your owndiscretion and risk.
You must be at least 18 years of age or the age of legal majority in your jurisdiction to use the Services. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions set forth herein. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms.
To access certain features of the Services, you may be required to register for an Account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. bitsIO reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You must immediately notify bitsIO of any unauthorized use of your Account.
bitsIO provides a digital platform that [Insert Specific Description of Services Here - e.g., facilitates data integration, cloud management, automation services, etc.]. The Company reserves the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. You agree that bitsIO shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
Subject to your compliance with these Terms, bitsIO grants you a limited, non- exclusive, non-transferable, non-sublicensable license to access and use the Services for your internal business or personal purposes. This license is strictly limited to the functionalities explicitly provided by the platform.
You are solely responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, and the like.
You agree not to do any of the following:
1. Use the Services for any illegal purpose or in violation of any local, state, national, or international law;
2. Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
3. Interfere with security-related features of the Services, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Services except to the extent that the activity is expressly permitted by applicable law;
4. Interfere with the operation of the Services or any user’s enjoyment of the Services, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Services; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Services;
5. Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission;
6. Sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials.
The Services and their original content (excluding User-Generated Content), features, and functionality are and will remain the exclusive property of bitsIO and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of bitsIO.
Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to the pricing and payment terms as we may update them from time to time. bitsIO may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
You authorize bitsIO to charge your chosen payment provider for any such fees. You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information.
If you purchase a Subscription, you will be charged in advance on a recurring, periodic basis (such as monthly or annually). Your Subscription will automatically renew at the end of each billing cycle until you cancel it.
You may cancel your Subscription at any time by logging into your Account settings or contacting customer support. The cancellation will take effect the day after the last day of the current Subscription period. We do not provide refunds or credits for any partial Subscription periods unless required by law.
You retain your rights to any User-Generated Content you submit, post, or display on or through the Services. By submitting, posting, or displaying User-Generated Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User-Generated Content in any and all media or distribution methods (now known or later developed) solely for the purpose of operating, promoting, and improving the Services.
The Services may contain links to third-party websites or resources. You acknowledge and agree that bitsIO is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by bitsIO of such websites or resources or the content, products, or services available from such websites or resources.
Our collection and use of personal information in connection with the Services is described in our Privacy Policy. By accessing or using the Services, you signify your acknowledgement and agreement to the Privacy Policy's terms and provisions.
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, BITSIO EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BITSIO MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER BITSIO NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES.
You agree to indemnify, defend, and hold harmless bitsIO and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from: (i) your use of or access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any claim that your User-Generated Content caused damage to a third party.
Our collection and use of personal information in connection with the Services is described in our Privacy Policy. By accessing or using the Services, you signify your acknowledgement and agreement to the Privacy Policy's terms and provisions.
bitsIO may terminate or suspend your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your bitsIO Account, you may simply discontinue using the Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability
These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions.
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Delaware before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. The remaining provisions of these Terms will remain in full force and effect.
These Terms constitute the entire and exclusive understanding and agreement between bitsIO and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between bitsIO and you regarding the Services and Content.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.
If you have any questions about these Terms, please contact us at:
bitsIO Legal Department
123 Tech Boulevard, Suite 400
San Francisco, CA 94105 United States
Email: legal@bitsio.com Phone: +1 (555) 123-4567