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These Terms of Use are effective as of March 07, 2022.
1.1
BITTIOCAPITAL service is the website located at https://bittiotools.io belongs to BITTIO CAPITAL INVESTMENT L. L. C., application interface(s) and APIs (collectively, “Software”) for the purpose of providing tools that help you make trade decisions in your personal cryptocurrency holdings.
The term “you” or “Client” refers to the person visiting or otherwise accessing or using the Software.
1.2
These terms and conditions (“Terms of Use”) and the Privacy Policy (as defined below) govern your access to and use of the Software and constitute the entire, complete, and binding agreement between you and BITTIOCAPITAL with respect to the Software.
1.3
You should also read our Privacy Policy at https://bittiotools.io/privacy-policy, which is incorporated by reference into the Terms of Use.
If you do not wish to be bound by these Terms of Use or by the terms of our Privacy Policy, please do not access or use the Software.
1.4
THESE TERMS OF USE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SOFTWARE.
BY USING THE SOFTWARE IN ANY WAY AND FOR ANY PURPOSE, WITH OR WITHOUT A CLIENT ACCOUNT AND FROM ANY DEVICE AND LOCATION, YOU AGREE AND CONFIRM THAT:
1.4.1
you have read and understood these Terms of Use and you accept and agree to be bound by these Terms of Use as they appear on each respective date that you use the Software.
1.4.2
you assume all the obligations set forth herein;
1.4.3
you are of sufficient legal age and capacity to use the Software;
1.4.4
you are not under the control of jurisdiction that explicitly prohibits the use of similar software;
1.4.5
you use the Software at your discretion and under your own responsibility.
2.1
These Terms of Use apply between BITTIOCAPITAL and the Client using the Software. The Software is made available to you via website https://bittiotools.io on computer or mobile device.
2.2
These Terms of Use constitute a legally binding agreement between you and BITTIOCAPITAL and covers the operation and provision of the Software.
The Software is provided to natural and legal persons with an existing exchange account(s) and is intended to help better trade the personal cryptocurrency holdings.
You shall not use the Software to manage third-party’s cryptocurrency holdings in any way.
2.3
BITTIOCAPITAL may update or revise these Terms of Use from time to time by providing notice of such updates or revisions on the Software.
Such changes to the Terms of Use will take effect as of the “Last Updated” date stated at the beginning of these Terms of Use.
Each time you access the Software, you agree to be bound by the most current version of the Terms of Use.
You agree that you will review these Terms of Use periodically. If you do not agree to the terms of these Terms of Use or any modified version of these Terms of Use, your sole recourse is to terminate your use of the Software.
3.1
In order to sign-up and use the Software, you must be at least eighteen (18) years of age.
3.2
If you are entering into these Terms of Use on behalf of a legal person (i.e. company or other legal entity), you represent that you have the authority to bind such legal person to these Terms of Use and that you have shared all email addresses, passwords and access credentials with other authorized representatives of the legal person. If you do not have such authority you shall not access or use the Software.
3.3
Prior to the sign-up, you are solely responsible for ensuring that the use of the Software in accordance with these Terms of Use in your jurisdiction of residence is permitted by applicable laws. If such use is not permitted by laws, you shall not access or use the Software.
3.4
The following steps are necessary to sign-up to create the Client Account and access the Software:
3.4.1
Sign-up. Fill in the sign-up form by providing your email address and password.
You will be given the opportunity to read the Terms of Use and the Privacy Policy.
You can retrieve the documents from the named links and take notice of them. Prior to clicking “Register” to continue the sign-up process, you must confirm that you accept these Terms of Use and have acquainted yourself with our Privacy Policy.
Further, you must confirm that you are at least 18 years old. After clicking “Register” your account is created (“Client Account”).
The same process applies in case you choose to sign-up with your Facebook or Google account. The latter method requires you to also comply with the terms, conditions, and privacy policies of such third party service.
3.4.2
From the moment BITTIOCAPITAL provides you the Client Account to access and use the Software, the sign-up process is completed. The Client Account is provided to you free of charge.
BITTIOCAPITAL has the right to refuse to provide you with a Client Account at its sole discretion, in which case you shall not use the Software.
3.4.3
You can terminate the registration process at any time and/or suspend the process and resume it at a later point. You can check for any errors in the information that you have entered and, if necessary, correct these by changing your input.
3.5
As a part of the sign-up process, you will be required to provide us with certain information, such as your email address and a password.
For more information about the data we collect, please see our Privacy Policy at https://bittiotools.io/privacy-policy.
You are required to provide accurate, current and complete information about yourself and promptly update all information in your Client Account to ensure that your Client Account is accurate, current and complete. You may update or change your Client Account settings at any time.
4.1
The purpose and permitted use of your Client Account and the Software
4.1.1
You may use the Software only within the intended purpose and permitted use.
You acknowledge that the purpose of the Client Account is to provide you with access to the Software with tools to help you make trade decisions in your personal cryptocurrency holdings.
Any use for other purposes or particular misuse of the Software, is not permitted. You agree not to use your Client Account and the Software in particular in order to:
4.1.1.1
upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, fraudulent, harassing, insulting, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racist, that glorifies violence, is pornographic, unethical or otherwise prohibited or objectionable;
4.1.1.2
impersonate any natural or legal person, or falsely state or otherwise misrepresent your affiliation with a natural or legal person;
4.1.1.3
transmit or otherwise make available any content that you do not have a right to make available, that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
4.1.1.4
engage in any activity that attempts to reverse engineer, disassemble, decompile, hack or extract any proprietary software used to maintain the Software;
4.1.1.5
trade on platforms in respect of which you should not have access to;
4.1.1.6
interfere with or disrupt the Software or servers or networks connected to the Software, including but not limited to hacking or bypassing any measures we may use to prevent unauthorised access to the Software; and/or
4.1.1.7
violate any applicable national or international rules and laws, as well as rights of third parties.
4.1.1.8
Distribute, share with anyone or resell any of the information provided to you in the Software or through notifications.
4.1.2
Failure of observing the limits of purpose and permitted use of your Client Account and the Software is deemed a material breach of these Terms of Use. BITTIOCAPITAL shall be entitled to – without prejudice to any other rights – terminate your Client Account. You may not use the Software if we have terminated your Client Account or otherwise banned you.
4.2
Confidentiality of the Client Account
4.2.1
You acknowledge that your Client Account is personal to you, and you are obliged not to provide any other person with access to the Software or portions of it using your email address, password, or other security information.
4.2.2
You are responsible for maintaining the confidentiality of your data and for monitoring and, if necessary, restricting access to your devices.
Any email address, password or any other information chosen by you or provided to you as a part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity.
You must exercise caution when accessing your Client Account from a public or shared computer so that others are not able to view or record your password or other Client Account information.
You agree to ensure that you log out from your Client Account at the end of each session.
4.2.3
You accept responsibility for all activities that occur under your Client Account or from your devices in relation to the Software and your Client Account, including any misuse of your Client Account.
BITTIOCAPITAL will use reasonable and industry-standard security measures to protect you from unauthorized access to your Client Account.
You agree to notify us immediately of any unauthorized access to or use of your Client Account or any other breach of security.
If you fail to notify BITTIOCAPITAL accordingly, BITTIOCAPITAL might not be able to prevent such unauthorized access or other breaches of security or take corresponding security measures.
4.2.4
You acknowledge and agree that to the extent permitted by applicable law, we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of your Client Account arising from a failure on your part to maintain the confidentiality of your password, if we have performed our obligation to apply reasonable and industry-standard security measures.
5.1
If you have elected to use a free trial, we will make the Software available to you on a trial basis free of charge (“Trial”).
By gaining access to the Software, you agree to be bound by our Terms of Use and the following additional terms of this Section 5 (“Trial Terms”), provided that in the event of a conflict between the Trial Terms and any other terms of these Terms of Use, the Trial Terms shall govern. BITTIOCAPITAL has the right to refuse to give you access to a Trial.
5.2
To receive Trial access to the Software, you must follow through the sign-up process described in Section 3. You may terminate the Trial any time and for any reason under the Client Account settings, where we have made this option available to you.
5.3
The Trial will start when you verify your email address during the sign-up process and shall terminate on the earlier of (a) the end of the free Trial period for which you registered, or (b) the start date of any purchased Subscription (as defined in Section 7).
5.4
We may terminate your use of the Trial and products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
6.1
The Client Account provides you with access to the Software and the tools such as live or past trade signals and market analysis among others. The specific Client Account functionalities will be those provided under the selected Subscription (as described in Section 7 below) at the time your offer to conclude the Purchase Agreement (as defined in Section 7.3) is placed.
6.2
The Software provides you with tools that help you make trade decisions in your personal cryptocurrency holdings, including but not limited to the following tools:
6.2.1
Trading Signals, which include suggested buy and sell prices across various cryptocurrencies. These signals are presented using an asset management structure to help minimize the risk of your investment.
6.2.2
Risk Management, which allows you to calculate the amount of investment for each signal based on the asset management structure.
6.2.3
Support and Resistance Lines, which are AI-generated and can show you the near support and resistance levels for each cryptocurrency.
6.2.4
Real-time notifications, which include desktop, email and telegram notifications and are delivered to your devices once triggered by the criteria that you choose in your Account.
6.2.5
TradingView, which is a large analysis platform of asset price behaviour that allows you to monitor the price movement and use various indicators.
6.2.6
Dashboard, in which you can manage your account details, payment methods, notifications, etc.
6.2.7
Blog, which provides you with information and news regarding cryptocurrencies and trading;
6.2.8
Hel, which provides you with live chat, customer support and related services.
7.1
Certain functions of the Software are only available to the registered Clients who subscribe to the “Scalper”, “Trader” or “Money Maker” plan (collectively “Subscription”).
7.2
The Subscriptions are not offered free of charge. A detailed description of BITTIOCAPITAL Subscriptions, including the prices and the functions associated with each type of Subscription, is available on the website.
7.3
To purchase the Subscription, select the Subscription you want to purchase, choose the preferred payment method.
Prior to clicking the “Pay” button, you must confirm that you accept these Terms of Use and the Privacy Policy.
Further, you must confirm that you are at least 18 years old and you agree with receiving the Subscription functions as of the conclusion of the Purchase Agreement.
Selecting the Subscription and submitting your payment information is an offer to conclude an agreement with BITTIOCAPITAL for the use of the Software functions provided under the selected Subscription on the basis of these Terms of Use effective as described in Section 3.4 (“Purchase Agreement”). The offer must be accepted by us.
We may choose not to accept the offer at our sole discretion. The Purchase Agreement will be accepted at such time at which you receive confirmation from us or we activate your selected Subscription functions, as described below.
BITTIOCAPITAL will not store the text of the Purchase Agreement after the Purchase Agreement has been concluded. However, the text of the Purchase Agreement will be made available to you on the Terms of Use page in downloadable format.
7.4
If you wish to upgrade your Subscription, you may do so at any time through you’re the “Subscription” tab.
Your new Subscription will start after the payment has been processed.
Your new Subscription will be activated immediately after processing your payment, irrespective of any remaining time on your old Subscription. Ordering a new Subscription will result in the immediate termination of the Purchase Agreement in relation to your old Subscription, and the conclusion of a new Purchase Agreement for the new Subscription.
Any funds you may be eligible for from your old Subscription will be calculated towards your new Subscription, meaning you will only pay the difference between your new Subscription payment and the proportion of funds not used under the old Subscription.
8.1
BITTIOCAPITAL provides trading signals based on the analysis of crypto markets by artificial intelligence.
BITTIOCAPITAL does not provide financial, investment, legal, tax or any other professional advice.
BITTIOCAPITAL is not a broker, financial advisor, investment advisor, portfolio manager or tax advisor.
Nothing on or in the software shall constitute or be construed as an offering of any currency or any financial instrument or as investment advice or investment recommendations (such as recommendations as to whether to purchase or sell a currency) by BITTIOCAPITAL or a recommendation as to an investment strategy by Bittio.
You acknowledge and agree that BITTIOCAPITAL is not responsible for your use of any information that you obtain on the software.
Your decisions made in reliance on the products or services in the software or your interpretations of the data found in the software are your own for which you have full responsibility.
You expressly agree that you use the software at your sole risk.
8.2
BITTIOCAPITAL will strive to ensure the accuracy of the information listed on this website although it will not hold any responsibility for any missing or wrong information.
No content on the software is tailored to the specific needs of any individual, entity or group of individuals.
BITTIOCAPITAL expresses no opinion as to the future or expected value of any currency, security or other interest.
Content on the software may not be used as a basis for any financial or other product without the express prior written consent of Bittio.
8.3
Some content provided on the software is submitted to BITTIOCAPITAL by unrelated third-party providers.
Other content is uploaded by you. BITTIOCAPITAL does not review all content for accuracy, does not review content for completeness or reliability, and does not warrant or guarantee the accuracy, completeness, reliability or any other aspect of any content.
8.4
You expressly acknowledge and agree that you may lose some or all of your funds. Cryptocurrencies are a new and insufficiently tested technology.
In addition to the risks included herein, there are other risks associated with your use of the software, and the purchase, holding and use of cryptocurrencies, including those that BITTIOCAPITAL cannot anticipate.
Such risks may further materialize as unanticipated variations or combinations of the risks discussed herein.
9.3
Unless you have been permitted in writing to do so in a separate agreement with us, you have no right to rent, lease, lend, sell, redistribute, sublicense, copy, reverse, engineer, decompile, disassemble, translate, modify, distribute copies of, make available, adapt, or create derivative works based on the Software or its related intellectual property.
9.4
For all contents and data, that you insert or make available via the Software (“User Content“), you grant BITTIOCAPITAL free of charge a transferable, sublicensable, non-exclusive, irrevocable, worldwide right of use and exploitation and for the maximum term permitted under applicable law and which is unlimited in terms of content, to use these User Content for any purpose including but not limited to the purposes of:
providing the Software; conducting research, develop new products and services; predictive analytics and insights; improvement and further development of the Software; and others, including commercial use (“Right of Use and Exploitation“).
9.5
The Right of Use and Exploitation covers in particular, but not exclusively, the right to amend, edit and translate, as well as to store, reproduce, disseminate, make accessible to the public, send, disclose publicly and non-publicly and otherwise make available the User Content, including, without limitation, all bots that you create, the names of such bots and any settings that you create for such bots.
By entering or making available User Content via the Software, you guarantee that the User Content is in accordance with these Terms of Use, does not violate the rights of third parties and that you are entitled to grant these Rights of Use and Exploitation.
You shall indemnify BITTIOCAPITAL against all claims brought by third parties against BITTIOCAPITAL in connection with the exercise of these Rights of Use and Exploitation.
10.2
If we increase our prices, that increase will only apply to purchases made after the date the increase comes into effect. The prices posted in the Software may not include applicable discounts or taxes until the profile data in your Client Account is fully completed by you.
We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability.
We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
10.3
You must initiate payment for the charges related to the Subscription or other products or services provided through the Software when submitting the order. If you do not complete this payment to our satisfaction, we will cancel your offer to conclude the Purchase Agreement.
10.4
You can use any available and the most convenient payment method currently available in the Software for all purchases. However, BITTIOCAPITAL does not guarantee the availability of any payment method at any moment.
BITTIOCAPITAL may add, remove or suspend any payment method temporarily or permanently by its own discretion.
10.5
Any payments you make through the Software and for the Software may be subjected to VAT (value-added tax) with appropriate rate and in accordance with the law of jurisdiction, you are established. BITTIOCAPITAL accrues and charges VAT for your payments based on your location that is automatically determined by the IP address of your device and/or manually provided by you to BITTIOCAPITAL when entering the billing address.
10.6
If you disagree with the default payment-related information that our Software generated automatically, you should provide: your billing address (so long as the Software will be used at this location); enter the address data in the Software when proceeding with the payment; and sending us a valid proof of this address afterwards. We will then make a determination as to whether the default payment-related information should be adjusted. For more information on how we handle your personal information, please refer to our Privacy Policy.
10.7
You represent and warrant that: (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use the payment method you provide, (iii) charges incurred by you will be honoured by the issuer of your payment method, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Software at the time of your order.
10.8
Due to the nature of the Software as a digital product, we offer limited refunds in the manner set forth in these Terms of Use and our Refund Policy at https:/bittio.io/refund.
10.9
You understand that you are purchasing the Software from BITTIOCAPITAL via a payment service provider (“PSP”). Unless otherwise required by law, you are obligated to contact BITTIOCAPITAL support service for any issues related to payment transactions before contacting the PSP or financial institution.
10.10
Using the Software via the Internet may lead to incurring costs that you will have to pay to your service provider.
11.1
BITTIOCAPITAL has the right to implement changes to the Software and its functions.
11.2
Until all the circumstances have been clarified and, if necessary, know your client procedures have been carried out, BITTIOCAPITAL may suspend or interrupt the provision of the Software, either entirely or partly, and without any liability to the Client:
11.2.1
if it is necessary for repairs, maintenance or other similar actions, including security updates, in which case BITTIOCAPITAL endeavours to notify you of the interruption in advance to the extent reasonably possible;
11.2.2
if you fail to pay any part of the Subscription payment after having been notified of the failure by us;
11.2.3
if your actions or omissions relating to the use of the Software interfere with or prevent the normal operation of the Software or otherwise cause, or are likely to cause, harm, damage or other detrimental effects to the Software, BITTIOCAPITAL or other users of the Software;
11.2.4
if there are reasons to suspect that your credentials have been wrongfully disclosed to an unauthorized third party and the Software is being used under such credentials;
11.2.5
if you use the Software in breach of these Terms of Use and have not remedied the breach without delay after having been notified thereof by BITTIOCAPITAL or use the Software in violation of any applicable laws, regulations or regulatory provisions;
11.3
BITTIOCAPITAL endeavours to notify you of the interruption as far in advance as reasonably possible or, if advance notice is not possible due to the urgency of the reasons requiring interruption, without undue delay. Suspension of the Software for the reasons set out in Section 11.2 does not relieve you from the obligation to pay any applicable fees.
12.1
Upon any access or use of the Software, these Terms of Use remain thereafter in full force and effect in respect of such access or use, as they may be updated from time to time.
12.2
The term of your paid Subscription pursuant to the Purchase Agreement will remain in effect for the period you made the payment for (for example, a month or a year), subject to any renewals.
12.3
Termination of the Purchase Agreement
12.3.1
You may terminate your Purchase Agreement at any time.
12.3.2
BITTIOCAPITAL may terminate the Purchase Agreement under the same conditions.
12.3.3
Regardless of the party initiating the termination, the termination of the Purchase Agreement will mean that your access to the Software functions provided under the Subscription based on the Purchase Agreement and products and services made available therewith is terminated immediately,
however you will still have access to your Client Account.
Termination of the Purchase Agreement will not cause data loss, meaning if you decide to conclude the Purchase Agreement in the future, the functions’ metrics set up by you will continue working.
For instructions on receiving refund, please see our Refund Policy. You agree that all such measures will be carried out by BITTIOCAPITAL and that BITTIOCAPITAL will not make itself liable to you or any third parties as a result of any such measure for any reason, to the extent this is permitted by applicable law.
12.4
When these Terms of Use come to an end, all of the legal rights, obligations and liabilities that you and BITTIOCAPITAL have benefited from, been subject to (or which have accrued over time while the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by such termination including but not limited to Sections 1, 4, 8, 10, 9, 14 to 18.
13.1
Any content provided through the Software is intended to be used and must be used for informational purposes only.
It is very important to do your own analysis before making any investment based on your own personal circumstances.
You should take independent financial advice from a professional in connection with, or independently research and verify, any information that is provided by us of the third parties and wish to rely upon, whether for the purpose of making an investment decision or otherwise.
Any content, data, information, or publications made available through the Software are furnished by us on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties are those of the respective author(s) or publisher(s), and not of Bittio.
Such information should not be interpreted as approval by BITTIOCAPITAL of those content or information you may obtain from them. BITTIOCAPITAL has no control over the content or information of these resources. BITTIOCAPITAL disclaims any warranty or representation, either express or implied, that the information in such publications is accurate or complete.
13.4
Past performances by the algorithmic indicator is not a guide to the future. For the avoidance of any doubt, BITTIOCAPITAL does not hold itself out as a commodity trading advisor or authorized financial advisor.
Given this representation, all information, data and material provided by BITTIOCAPITAL or its employees is for educational purposes only and should not be considered specific investment advice.
14.1
In order to make full use of the Software, you will need to provide some information relating to you (“Personal Data”).
You acknowledge that BITTIOCAPITAL will collect and use certain Personal Data as described in our Privacy Policy.
For more information about our collection, use, disclosure and protection of your Personal Data, please read our Privacy Policy at https://bittiotools.io/privacy-policy.
Questions or requests with respect to your Personal Data may be sent via email to [email protected].
15.1
BITTIOCAPITAL will endeavour to ensure that the Software is always available; however, BITTIOCAPITAL cannot give any assurance that the Software will be available at all times.
The Software is provided “as is” and “as available”. You do not have any right to the Software and the functions offered being available at all times or to a specific availability being guaranteed by Bittio.
BITTIOCAPITAL is not obliged to ensure that the Software can be accessed at all times without any interruptions or faults, and does not assume any liability for this.
15.2
It may be that the Software is not available in the following cases, for example:
15.2.1
if the defect or fault in the Software provided via the website results from you having amended or modified the Software or in any way used the Software outside the scope of its normal and intended access and its intended usage;
15.2.2
if the defect or fault in the Software results from an issue with your device,
15.2.3
in case of technical malfunctions.
15.3
You may access and use the Software through a mobile device and computer. As the Software is provided over the Internet and mobile networks, the quality and availability of the Software may be affected by factors outside our reasonable control. Not all of the Software’s functions are available on the mobile device. You are solely responsible for any prerequisite software and hardware requirements and for any data charges and fees associated with accessing and using the Software through a mobile device.
16.1
To the maximum extent permitted by applicable law, except as expressly provided herein, your use of the software is provided to you “as is” and “as available”.
Bittio, its respective directors, officers, employees and agents expressly disclaim all other representations, endorsements, warranties, and conditions, express or implied, including, without limitation, any representation,
warranty or condition of merchantability, fitness for a particular purpose, title, or non-infringement, completeness, security, reliability, suitability, accuracy, currency or availability, error-free, uninterrupted, that defects will be corrected,
that our software or the server that makes it available are free of viruses or other harmful components or any warranty arising from a course of dealing, performance, or trade usage. Your sole and exclusive remedy, and our sole obligation to you or any third party for any claim arising out of your use of the software, is that you are free to discontinue your use of the software at any time.
16.2
BITTIOCAPITAL provides no warranties or representations regarding the software including but not limited to that (i) the software will meet your requirements; (ii) the software will be uninterrupted, timely, secure or defects-free; (iii) the results obtained from use of the software will be accurate or reliable; or (iv) that any known and still not detected defects will be corrected.
16.3
We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the software will be free of viruses or other destructive code.
You are solely and entirely responsible for your use of the software and your computer, internet and data security. To the maximum extent permitted by applicable law, Bittio, its respective directors, officers, employees and agents will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms,
logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the software or any services or items found or attained through the software or to your downloading of any material posted on it, or on any third party platform linked to it.
16.4
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
17.1
BITTIOCAPITAL does not make any warranties or representations other than those explicitly mentioned in these Terms of Use. The Software has not been developed to meet your individual needs.
17.2
To the maximum extent permitted by applicable law you expressly understand and agree that BITTIOCAPITAL and their respective directors, officers, employees or agents shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you in connection with your use of the software, however caused and under any theory of liability including, but not limited to, any loss of profit, lost opportunities, loss of data suffered, or other intangible loss.
17.3
BITTIOCAPITAL maximum aggregate liability to you shall be limited to the subscription prices paid by you to us over the 12 (twelve) month period preceding to the claim by you.
18.1
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Bittio, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms of Use or your use of the Software, including, but not limited to, your submissions, Third Party Platforms, any use of the intellectual property, services, and products other than as expressly authorized in these Terms of Use.
19.1
BITTIOCAPITAL reserves the right to change these Terms of Use. The changes will become effective and binding once published. In case you do not agree with the changes, you have the right to delete your Client Account.
19.2
BITTIOCAPITAL reserves the right to change the Terms of Use with the following types of changes without providing you with prior notice:
19.2.1
if the change to the Terms of Use is only advantageous for you;
19.2.2
if the change relates solely to new services, functionalities or service components, and does not result in any change to the existing contractual relationship for you;
19.2.3
if the change is necessary to harmonise the Terms of Use with the applicable statutory requirements, in particular in the event of a change in the applicable legal situation, and if the change does not have any material detrimental effects on you; or
19.2.4
if BITTIOCAPITAL is obliged to implement the change in order to comply with a court judgment that is binding for BITTIOCAPITAL or with a binding decision by an authority, and if the change does not have any material detrimental effects on you.
19.3
You shall check the Terms of Use regularly to become aware of any changes.
20.1
We only provide support services for the operation of the Software. Should you become aware of misuse of the Software including libellous or defamatory conduct, you must report it to Bittio. We recommend contacting us for assistance if you experience any issues regarding the Software in the following ways:
20.1.2
by using the online chat/support embedded into the pages of the Website;
20.1.3
by sending an email to [email protected].
21.1
These Terms of Use, including the Privacy Policy and any other URL incorporated by reference in these Terms of Use constitute the entire agreement between you and BITTIOCAPITAL relating to your use and our provision of the Software.
21.2
The parties agree that if a party does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which it has the benefit of under any applicable law), this will not be taken to be a formal waiver of its rights and that those rights or remedies will still be available to the party.
21.3
If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms of Use and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.
21.4
The parties hereto confirm that they have requested that these Terms of Use, including the Purchase Agreement and all related documents are drafted and concluded in English. Any translation hereof has been provided for information purposes only and does not have any legal value nor create any contractual relationship between the parties.
21.5
No email address found on the Software may be harvested or otherwise used for purposes of solicitation.
21.6
The relationship between the parties is that of independent contractors. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, joint venture or other forms of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
21.7
These Terms of Use, the Purchase Agreement and any contractual or non-contractual disputes arising out of or in connection with the use of the Software will be governed by and in accordance with Austrian law and settled in Vienna’s Court (Austria).
21.8
You will not assign any of your rights or delegate any of your obligations under these Terms of Use without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use.
21.9
BITTIOCAPITAL may transfer its rights and obligations under these Terms of Use to a third party. In this case, BITTIOCAPITAL will inform you in advance of the transfer to the third party accordingly in the Software. You will have the right to terminate the Client Account immediately if you do not agree to the transfer.
21.10
If any provision of these Terms of Use is deemed to be unenforceable or invalid by any court or arbitrator of competent jurisdiction, for any reason, that provision will be limited or severed to the extent necessary so that these Terms of Use will otherwise remain in full force and effect.
22.1
The European Commission has set up an online dispute resolution platform, which can be found at http://ec.europa.eu/consumers/odr.
22.2
BITTIOCAPITAL is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
23.1
We may provide any notice to you under these Terms of Use by (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Software. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current and check for incoming messages regularly.
23.2
To give us notice under these Terms of Use, you must contact us by email at [email protected].
23.3
To request the consent of BITTIOCAPITAL for any of the actions for which such consent is required under these Terms of Use, please send an email to [email protected]. BITTIOCAPITAL reserves the right to refuse any such requests at its sole discretion.
