End User Agreement
This user agreement is effective for all users as of June 24, 2022.
Welcome to Bitt!
This Bitt Publisher Platform Software Development Kit End User Agreement (“Agreement”) is a contract between you and Bitt, Inc., (“Bitt” also referred to as “we,” “us,” or “our”) or one of its affiliates, governing your use of Bitt software and services. By using, installing, accessing, or downloading any Bitt product, you agree to comply with all terms and conditions of this Agreement and any upcoming changes. You also agree to comply with other terms or agreements described on the Bitt Policy Updates page, found at www.bitt.com/policy, that apply to you, as well as the following additional policies:
- Acceptable Use Policy
- Privacy Statement
- Arbitration Agreement
The terms of this Agreement apply to the software named above, as well as any Bitt service or software updates (except to the extent such services or updates are accompanied by new or additional terms, in which case those different terms apply prospectively and do not alter your or Bitt’s rights relating to pre-updated software or services). The terms of this Agreement also apply to any application programming interfaces (“API”) and its relevant documentation, and any Bitt software code. The software code, documentation, API, and any other Bitt materials or services are collectively referred to in this Agreement as the “SDK.” Among other things, Bitt’s SDK integrates and enables certain functionality into your applications to facilitate online payment transactions. In addition, this Agreement applies to any SDK that includes, displays, or links to this Agreement, as well as to any updates, supplements, or support services for the SDK.
Please carefully read all the terms and conditions of this Agreement, the terms of the above policies, and each of the other terms and agreements that apply to you on www.bitt.com/policy.
We may revise this Agreement and any of the other terms, agreements, or policies from time to time. The revised version will be effective at the time we post it, unless otherwise noted. By continuing to use the SDK and our services after any changes to this Agreement, or any of the other applicable terms, agreements, statements, or policies, you agree to abide and be bound by those changes. If you do not agree with any changes to this Agreement, you must stop using Bitt products, services, and the SDK.
By downloading, installing, accessing, or otherwise using the SDK, or any related or unrelated Bitt services, you accept the terms of this Agreement. If you do not agree to the terms of this Agreement, you have no right to use the SDK, and must not install, access, or use the SDK.
1. License Grants, Generally
If you are using the SDK, developer’s toolkit, hardware, offline device, or other software application, which may include software provided by or integrated with software, systems or services of our service providers, that you have downloaded or otherwise accessed through a web or mobile platform, then, subject to the terms and conditions of this Agreement, Bitt grants you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free limited license to use Bitt’s SDK in accordance with the documentation accompanying such software. This license grant applies to the SDK and all updates, upgrades, new versions and replacement software. You may not rent, lease or otherwise transfer your rights in the SDK, or any adjacent software, to a third party. You must comply with the implementation, access, and use requirements contained in all documentation accompanying the Bitt services. If you do not comply with implementation, access, and use requirements you will be liable for all resulting damages suffered by you, Bitt, and third parties. Bitt may update or discontinue any software, with or without notice to you. While Bitt may have (1) integrated certain third-party materials and technology into any web or other application, including the SDK, and/or (2) accessed and used certain third-party materials and technology to facilitate providing you with the SDK and Bitt services, you have not been granted and do not otherwise retain any rights in or to any such third-party materials. You agree not to modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the software or any third-party materials or technology, or otherwise create any derivative works from any of the software or third-party materials or technology. You acknowledge that all rights, title, and interest to Bitt’s SDK and services are owned by Bitt and any third-party materials integrated therein are owned by Bitt’s third-party service providers. Any other third-party software application you use on the Bitt websites is subject to the license you agreed to with the third party that provides you with this SDK. You acknowledge that Bitt does not own, control nor have any responsibility or liability for any such third-party software application you elect to use on any of our websites, software and/or in connection with the Bitt services.
2. Intellectual Property Ownership
The SDK and any authorized copies that you make are the intellectual property of, and all rights therein, are owned by Bitt. The structure, organization, and code of the SDK, and other Bitt services, are valuable trade secrets and remain the confidential information of Bitt. The SDK is protected by law, including without limitation, the copyright laws of the United States and other countries, and by international treaty provisions. You agree to protect Bitt’s copyright and other ownership interests in all items in the SDK. You agree that all copies of items in the SDK reproduced or changed for any reason by you, will contain the same copyright, trademark, and other proprietary notices as in the SDK. Bitt retains all right, title, and ownership throughout the world in the intellectual property embodied within the SDK, and any alterations, changes, or improvements to the SDK made by you. Except as stated herein, this Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the SDK, and all rights not expressly granted are reserved by Bitt.
3. Intellectual Property Warranties
Bitt does not claim ownership of the content that you provide, upload, submit, or send to Bitt. Nor does Bitt claim ownership of the content you host on thirty party websites or applications that use Bitt services to provide payments services related to your content. When you provide content to Bitt, or post content using Bitt services, you grant Bitt (and any parties we work with) a non-exclusive, irrevocable, royalty-free, transferable, and worldwide license to use your content and associated intellectual property and publicity rights to help us improve, operate, and promote our current services and develop new ones. Bitt will not compensate you for any of your content. You acknowledge that Bitt’s use of your content will not infringe any intellectual property or publicity rights. Further, you acknowledge and warrant that you own or otherwise control all of the rights of the content you provide, and you agree to waive your moral rights and promise not to assert such rights against Bitt.
4. Scope & Restrictions on Licensed Rights
The SDK is licensed, not sold. Bitt reserves all rights to the SDK not expressly granted by Bitt, whether by implication, estoppel, or otherwise. Unless applicable law gives you more rights despite this limitation, you will not (and have no right to):
- Work around any technical limitations in the SDK that only allow you to use it in certain ways;
- Reverse engineer, decrypt, hack, emulate, exploit, decompile, modify, or disassemble the SDK or any other Bitt service, except and only to the extent that the applicable copyright law expressly permits doing so;
- Modify, adapt, alter, translate, or incorporate into or with other software, or create a derivative work of any part of the SDK, except as expressly permitted herein;
- Remove, minimize, block, or modify any Bitt notices or legends, or its suppliers in the SDK, or any labeling on any physical media;
- Use the SDK in any manner to provide service bureau, time sharing, or other computer services to third parties;
- Distribute, publish, copy, share, transfer, sell, rent, lease, export, import, or lend the SDK or other Bitt services, unless Bitt expressly authorizes you to do so;
- Disclose the results of any performance benchmarks or similar testing of the SDK to any third party without Bitt’s prior written consent;
- Use the SDK to develop applications for other platforms or to develop another SDK.
- Use the SDK in any way that is against the law or to create or propagate malware; or
- Provide the SDK as a stand-alone hosted solution for others to use, or transfer the SDK or this Agreement to any third party;
- Circumvent or bypass any technological protection measures in or relating to the SDK or Bitt services;
- Transfer the SDK, any software, any software licenses, or any rights to access or use Bitt’s services;
- Enable access to Bitt services or modify any Bitt-authorized device (e.g., offline technology, etc.) by unauthorized third-party applications; or
- Use the SDK or other Bitt services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network.
If you comply with the terms in this section of the Agreement, we grant you the right to install and use one copy of the SDK per device on a worldwide basis for use by only one person at a time. You may use the SDK in object form only. In addition, you may develop programs with compiled code generated using the SDK, designed to function with the Bitt Publisher Platform (“Developed Programs”). Any third-party scripts or code, linked to or referenced from the SDK, are licensed to you by the third parties that own such code, not by Bitt. Notices, if any, for the third-party code are included for your information only.
5. Distributable Code Requirements
For any code you distribute, as permitted under, and in compliance with this Agreement, you must:
- Distribute the object code under the terms and conditions of this Agreement, and any other licensing agreements, which requires that end users not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the SDK, Bitt file formats, Bitt protocols, and/or any part thereof; and which requires end users to indemnify, defend, and hold harmless Bitt from any claims, including attorneys’ and legal fees, related to the distribution or use of your Developed Programs;
- Include copyright and trademark notices on each copy you distribute;
- Be solely responsible to your customers for any update or support obligation, or other liability which may arise from such distribution;
- Not make any statements that your Developed Program is “certified,” or that its performance is guaranteed, by Bitt;
- Always remain responsible and liable for the misuse of the SDK by your employees and consultants;
- Require distributors and external end users to agree to terms that protect it and Bitt, at least as much as this Agreement; and
- Indemnify, defend, and hold harmless Bitt from any claims, including attorneys’ and legal fees, related to the distribution or use of your applications.
For any code you distribute, you must not:
- Use Bitt’s trademarks to market your Developed Program without Bitt’s prior written consent;
- Use Bitt’s trademarks or trade dress in your application in any way that suggests your Developed Programs come from or are endorsed by Bitt;
- Use the SDK to create, develop, or use any program, software, or service which (1) takes away the functionality of Bitt products or other Bitt software; (2) exposes and/or discloses header file information; (3) contains any viruses, Trojan horses, worms, logic bombs, cancel bots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (4) when used in the manner in which it is intended, violates any applicable law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, antidiscrimination, false advertising, or data privacy); or (5) interferes with the operability of other Bitt or third-party programs or software; or
- Modify, distribute, or convey the SDK so that the SDK becomes subject to any license which requires, as a condition of license, use, modification, distribution, or conveyance, that (1) the code be disclosed or distributed in source code form; (2) others have the right to modify or create derivative works of it; and/or (3) it becomes redistributable at no charge.
6. Bitt’s Trademarks
“Bitt.com,” “Bitt,” “Bitt, Inc.,” and all logos related to Bitt services are either trademarks or registered trademarks of Bitt or licensors (if applicable). You may not copy, imitate, modify, or use them without Bitt’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Bitt. You may not copy, imitate, modify, or use them without our prior written consent. You may not alter, modify, or change any HTML logos in any way, or use them in a manner that mischaracterizes Bitt or Bitt’s services, or display them in any manner that implies Bitt’s sponsorship or endorsement. All right, title, and interest in and to the Bitt websites, any content thereon, the Bitt services, the technology related to the Bitt services, Bitt SDK, and all technology and any content created or derived from any of the foregoing is the exclusive property of Bitt and its licensors. The terms of this Agreement prevent you from adopting, using, or attempting to register, whether as a corporate name, domain name, product name, trademark, service mark, or other indication of origin, any trademark of Bitt, or any mark that is similar to or dilutes the distinctive nature of the Bitt trademarks. You also agree that you will not include the term “Bitt,” “Bitt, Inc.,” “Bitt.com,” or any subsidiary or affiliate names for any application you develop using the SDK.
7. Code of Conduct
By agreeing to these Terms, you’re agreeing that, when using the SDK, you will follow these rules:
- Don’t do anything illegal.
- Don’t engage in any activity that exploits, harms, or threatens to harm children.
- Don’t send spam or engage in phishing. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), instant messages, or similar electronic communications. Phishing is sending emails or other electronic communications to fraudulently or unlawfully induce recipients to reveal personal or sensitive information, such as passwords, dates of birth, Social Security numbers, passport numbers, credit card information, financial information, or other sensitive information, or to gain access to accounts or records, exfiltration of documents or other sensitive information, payment and/or financial benefit.
- Don’t publicly display or use the SDK to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity).
- Don’t engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, or manipulating the SDK.)
- Don’t circumvent any restrictions on access to or availability of the SDK.
- Don’t engage in activity that is harmful to you, the SDK, Bitt, or others (e.g., transmitting viruses, stalking, posting terrorist or violent extremist content, communicating hate speech, or advocating violence against others).
- Don’t infringe upon the rights of others.
- Don’t engage in activity that violates the privacy of others.
- Don’t help others break these rules.
If you violate this Agreement, we may stop providing the SDK to you or prohibit use. We may also block delivery of a communication (like email, file sharing or instant message) to or from the SDK or Bitt services to enforce this Agreement. When investigating alleged violations of this Agreement, Bitt reserves the right to review your content, without prior consent, to resolve the issue.
9. Entire Agreement
This Agreement, and any other terms Bitt may provide for supplements, updates, or third-party applications, is the entire Agreement for the SDK. If a court decides that any part of this Agreement is invalid or unenforceable, the other parts of this Agreement shall still apply. Bitt, at its sole discretion, may replace any such invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior and/or simultaneous representations, discussions, negotiations, and agreements relating to the SDK, whether written, oral, or otherwise.
Bitt is not obligated under this Agreement to provide any support services (“Support”) for the SDK. However, at Bitt’s sole discretion, Bitt may provide any Support to you, and your use of such Support will be governed by then-current Bitt policies. Any Support provided is “as-is,” “with all faults,” and without warranty of any kind.
11. Privacy and Protection of Personal Information
Your privacy is important to us. Please read the Bitt Privacy Statement (“Privacy Statement”), as it describes the types of data, information, content, applications, and resources we collect from you and your devices (“Data”), and how we use your Data, and the legal bases we have to process your Data. When it comes to how your personal information is collected, stored, used, and shared, you have rights and choices. Please review our Privacy Statement to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.
Where Data processing is based on consent and to the extent permitted by law, by agreeing to this Agreement, you consent to Bitt’s collection, use and disclosure of your Data as described in the Privacy Statement. In some cases, we will provide separate notice and request your consent as referenced in the Privacy Statement. The user information you provide may be viewed by others.
12. Data Collection
If You use the SDK to run applications developed by a third party or that access Data provided by a third party, you agree that Bitt is not responsible for the Data. You understand that all Data which you may access through such third-party applications are the sole responsibility of the person from which they originated, and that Bitt is not liable for any loss or damage that you may experience as a result of the use or access of any third-party Data. You agree that, if you use the SDK to develop applications for other users, you will protect the privacy and legal rights of your users, prominently display a privacy statement that describes the Data collected, and how such Data is used and shared. You will maintain and process all Data in accordance with your privacy statement and all applicable laws and regulations in any countries in which your application is distributed or used. Bitt may collect certain Data through the SDK, including, but not limited to, advertising identifiers, associated IP addresses, geolocation (if made available by you), version number of the SDK, and information on which tools and/or services in the SDK are being used and how they are being used. Unless you expressly opt-out of allowing this use, this information will be collected and used in accordance with Bitt’s Privacy Statement, which can be accessed at www.bitt.com/policy/privacy-policy. Any personal data you collect in connection with the SDK and Bitt services (and not otherwise generated, collected, or obtained by you through a customer’s separate relationship with you outside the use of the Bitt services) will be used by you only to the limited extent that is necessary and relevant to the Bitt services and for no other purpose unless you have obtained the prior express consent of the customer.
13. Consumer Rights
This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. Separate and apart from your relationship with Bitt, you may also have rights with respect to the party from which you acquired the SDK. This agreement does not change those other rights if the laws of your state or country do not permit it to do so.
14. Notices and Procedure for Making Claims of Intellectual Property Infringement
Bitt respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please email [email protected]. Not all inquiries will receive a response.
15. Unsolicited idea submission policy, reservation of rights and feedback
Except as expressly provided under this Agreement, Bitt does not grant you a license or any other rights of any type under any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by Bitt or any related entity, including but not limited to any name, trade dress, logo or equivalents. If you give to Bitt any idea, proposal, suggestion or feedback (whether written, oral, or any other communication method) including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Feedback"), you give to Bitt, without charge, royalties or other obligation to you, the right to make, have made, create derivative works, use, share and commercialize your Feedback in any way and for any purpose. You will not give Feedback that is subject to a license that requires Bitt to license its software, technologies, the SDK, or documentation to any third party because Bitt includes your Feedback in them.
16. Export Restrictions
The SDK is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the SDK, which include restrictions on destinations, end users, and end use. You acknowledge and agree that you will not import, export, or re-export, directly or indirectly, the SDK or related information to any country in violation of the laws and regulations of any applicable jurisdiction. This restriction expressly includes, without limitation, the export regulations of the United States, and the import and export restrictions of various European countries. You further agree to defend, indemnify, and hold harmless Bitt, its affiliates, and their respective directors, officers, employees, agents and representatives from any losses, costs, claims, or other liabilities arising out of your breach of this Section.
The SDK and any other software may periodically check for updates, and download and install them for you. You may obtain updates only from Bitt or authorized sources. Bitt may need to update your system to provide you with updates. You agree to receive these automatic updates without any additional notice. Updates may not include or support all existing software features, services, or peripheral devices.
18. Upgrades & End of Life
Bitt is not obligated to provide any upgrades or future versions of the SDK. Bitt reserves the right to discontinue offering the SDK, or to modify the SDK at any time, in its sole discretion. If You are dissatisfied with any aspect of the SDK at any time, your sole and exclusive remedy is to cease using the SDK.
You may not transfer or assign any rights or obligations you have under this Agreement without Bitt’s prior written consent. Bitt may transfer or assign this Agreement or any right or obligation under this Agreement at any time. In addition, any involuntary assignment or transfer, in whole or in part, or by merger, or operation of law, requires Bitt’s prior written consent. Any attempted transfer in violation of this Agreement is void.
20. Agreement to Arbitrate
You and Bitt agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the Agreement to Arbitrate provisions found at www.bitt.com/policy. Please read the Agreement to Arbitrate carefully. Among other things, it:
- Affects your rights and will impact how claims you and we have against each other are resolved.
- Includes a Prohibition of Class and Representative Actions and Non-Individualized Relief pursuant to which you agree to waive your right to participate in a class action lawsuit against us.
- Requires you to follow the Opt-Out Procedure to opt-out of the Agreement to Arbitrate by mailing us a written notice and the opt-out notice must be postmarked no later than 30 days after the date you accept this Agreement for the first time.
21. No Waiver
Bitt’s failure to act with respect to a breach of any of your obligations under this Agreement by you or others does not waive Bitt’s right to act with respect to subsequent or similar breaches.
22. Fraud Warning
We’re always looking for ways to help keep you even more secure. So stay on the lookout for some of these common scams:
- Spoofing: a scammer sends forged or faked electronic documents or emails falsely claiming to be Bitt or coming from Bitt but asks you to send money outside your third-party payment transaction account.
- Relative in Need: a scammer impersonates a family member (commonly grandchildren) and claims there is an emergency requiring you to send money.
- Lottery or Prize: a scammer informs you that you’ve won a lottery or prize and must send money in order to claim it.
- Debt Collection: a scammer impersonates a debt collector and induces you to send money using threats or intimidation.
- Employment Related: a scammer instructs you to send money in connection with a fraudulent offer of employment.
Always use common sense when sending money. If something sounds too good to be true, it probably is. Only send money for yourself and not for others. Please let us know immediately if you believe someone is trying to scam or defraud you by contacting [email protected].
23. Identity Authentication
You authorize Bitt, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include:
- Asking you for further information, such as your date of birth, a taxpayer identification number, your physical address and other information that will allow us to reasonably identify you;
- Requiring you to take steps to confirm ownership of your email address or financial instruments;
- Ordering a credit report from a credit reporting agency, or verifying your information against third-party databases or through other source; or
- Requiring you to provide your driver’s license or other identifying documents.
Anti-money laundering and counter-terrorism financing laws may require that Bitt verify the required identifying information if you use certain Bitt services. Bitt reserves the right to close, suspend, or limit access to Bitt services and SDK in the event that, after reasonable enquiries, we are unable to obtain information about you required to verify your identity.
24. Governing Law and Place to Resolve Disputes
You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this user agreement, the laws of the State of Utah, without regard to principles of conflict of laws, will govern this user agreement and any claim or dispute that has arisen or may arise between you and Bitt. Any legal action or proceeding arising under this Agreement will be brought exclusively in the U.S. federal or state courts located in Salt Lake City, Utah. The parties hereby irrevocably consent to personal jurisdiction and venue therein.
If you acquired or use the SDK in a jurisdiction other than the United States, you must comply with its laws, except that the Federal Arbitration Act (“FAA”) governs everything related to arbitration.
25. Term and Termination
This Agreement is effective until terminated. Bitt has the right to terminate this Agreement immediately if you fail to comply with any term of this Agreement. Despite anything contained in this Agreement to the contrary, Bitt may, in its sole discretion, terminate or suspend access to the SDK at any time. Moreover, Bitt, in its sole discretion, reserves the right to suspend or terminate this Agreement, access to or use of its websites, software, systems (including any networks and servers used to provide any of the Bitt services) operated by us or on our behalf. You acknowledge that termination of your rights and/or monetary damages may not be a sufficient remedy if you breach this license, and that Bitt will be entitled, without waiving any other rights or remedies, to seek injunctive or equitable relief in the event of a breach. Upon any termination of this Agreement, you must (a) destroy or return to Bitt all full and partial copies of the SDK and (b) discontinue distribution of any Developed Programs. Applicable sections, along with any other provisions that would reasonably be deemed to survive termination, shall survive any termination and/or expiration of this Agreement.
26. Bitt Only Provides SDK
We act as an SDK provider only. We do not:
- Act as an escrow agent with respect to any funds kept in your third party account;
- Act as your agent or trustee;
- Enter a partnership, joint venture, agency or employment relationship with you;
- Guarantee the identity of any buyer or seller;
- Determine if you are liable for any taxes; or
- Unless otherwise expressly set out in this agreement, collect or pay any taxes that may arise from your use of our SDK.
27. Translation of Agreement
Any translation of this Agreement is provided solely for your convenience and is not intended to modify the terms of this Agreement. In the event of a conflict between the English version of this user agreement and a version in a language other than English, the English version shall control. Captions, or any other accessibility function, in this Agreement are for the convenience of the parties only and will not affect the interpretation or construction of this Agreement.
28. Insolvency Proceedings
If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, we’ll be entitled to recover all reasonable costs or expenses (including reasonable attorneys’ and legal expenses) incurred in connection with the enforcement of this Agreement.
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Bitt, its affiliates, and its respective directors, officers, employees, agents and representatives from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees), arising out of or allegedly based (in whole or in part) on:
- Your use of the SDK;
- Any of your applications using the SDK that infringes any copyright, trademark, trade secret, trade dress, patent, or other intellectual property right of any person, or defames any person or violates their rights of publicity or privacy;
- Any violation by you of any applicable law or regulation; or
- Any non-compliance by you with the terms of this Agreement.
30. Limitation of liability
Bitt’s liability is limited with respect to your use of the SDK and any Bitt services. In no event shall Bitt be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the Bitt services and SDK) operated by us or on our behalf, any of the Bitt services, or this Agreement (however arising, including negligence), unless and to the extent prohibited by law.
Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, Bitt is not liable, and you agree not to hold Bitt responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
- Your use of, or your inability to use, our websites, software, systems (including any networks and servers used to provide any of the Bitt services) operated by us or on our behalf, or any of Bitt’s services pertaining to the SDK;
- Delays or disruptions in our websites, software, systems (including any networks and servers used to provide the SDK and any of the Bitt services) operated by us or on our behalf and any of the Bitt services;
- Viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide the SDK and any of the Bitt services) operated by us or on our behalf or any of the Bitt services or any website or service linked to our websites, software or any of the Bitt services;
- Glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the Bitt services) operated by us or on our behalf or any of the Bitt services or in the information and graphics obtained from them;
- The content, actions, or inactions of third parties; or
- Your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to Agreement or Bitt’s policies.
31. Disclaimer of Warranty
BITT, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SDK IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE SDK, AND ANY OTHER BITT SERVICES. BITT DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKPERSONLIKE EFFORT, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT CONTENT LOSS WON’T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, AND THIS AGREEMENT CANNOT CHANGE THOSE ADDITIONAL CONSUMER RIGHTS.
32. Allocation of Risk
You and Bitt agree that the foregoing warranty disclaimer and limitation of liability set forth below, respectively, fairly allocate the risks in the Agreement between the parties. You and Bitt further agree that this allocation is an essential element of the basis of the bargain between the parties, that Bitt would not have entered this Agreement without these limitations, and that the limitations will apply notwithstanding any failure of the essential purpose of this Agreement or any limited remedy hereunder. You bear the entire risk as to the SDK quality, safety, comfort, and performance. Should it prove defective, you assume the entire cost of all necessary servicing or repair. Any SDK publisher, on behalf of itself, Bitt, wireless carriers over whose network the SDK is provided, and each of our respective affiliates, vendors, agents, and suppliers ("Covered Parties"), gives no express warranties, guarantees, or conditions in relation to the SDK. To the extent permitted under your local laws, Covered Parties exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, safety, comfort, and non-infringement. If your local laws impose a warranty, guarantee or condition even though these terms do not, its duration is limited to 90 days from when you download or obtain the SDK.
33. Limitation on and Exclusion of Damages
TO THE EXTENT NOT PROHIBITED BY LAW, IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU AGREE THAT YOUR EXCLUSIVE REMEDY IS TO RECOVER FROM BITT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR INCIDENTAL DAMAGES.
These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if Bitt knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything, or any claims related to these Terms, the Services, or the software related to the SDK.
This limitation applies to (a) anything related to the SDK, software, services, content (including code) on third party Internet sites, or third-party applications; and (b) claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any other claim; in each case to the extent permitted by applicable law. The above limitation or exclusion may not apply to you because your state, province, or country may not allow the exclusion or limitation of incidental, consequential, or other damage.
34. Communications Between You and Us
You understand and agree that, to the extent permitted by law, Bitt may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf has with Bitt or its agents for quality control and training purposes or for our own protection. You acknowledge and understand that while your communications with Bitt may be overheard, monitored, or recorded not all telephone lines or calls may be recorded by Bitt, and Bitt does not guarantee that recordings of any particular telephone calls will be retained or retrievable.