Terms & Conditions
Terms last updated : 12/19/2018 These Terms of Service and any terms expressly incorporated herein (“Terms”) apply to any access to, or use of, any services made available by Bitswift Decentralized Applications, Inc. (“Bitswift”) using the website www.bitswift.cash (the “Site”) or our mobile applications,and to any other related services provided by Bitswift companies (collectively, the “Services”). By clicking on an “I Agree” button or checkbox presented with these Terms or, if earlier, by accessing or using any Services, you agree to be bound by these Terms.
Bitswift may modify these Terms by providing notice of such changes, such as by sending you an email, providing notice through the Services, or updating the “Last Updated” date at the top of these Terms. By clicking on an “I Agree” button or checkbox presented with the modified Terms, or by continuing to access or use of the Services, you confirm your agreement to the modified Terms. If you do not agree to any modification to these Terms, you must stop using the Services. Bitswift encourages you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Services. If you have any question regarding the use of the Site or Services, please contact support at email@example.com
The Services are intended solely for users who are 18 or older and who satisfy the criteria described in these Terms. You represent and warrant that you: (a) are of legal age to form a binding contract (at least 18 years old in Canada.); (b) have not previously been suspended or removed from using our Services; (c) have full power and authority to agree to these Terms.
You may not use the Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction that is embargoed or sanctioned by Canada or where your use of the Services would be illegal or otherwise violate any applicable law. You represent and warrant that you are not a citizen or resident of any such jurisdiction and that you will not use any Services while located in any such jurisdiction. You also may not use the Services if you are located in, or a citizen or resident of, any other jurisdiction where Bitswift has determined, at its discretion, to prohibit use of the Services. Bitswift may implement controls to restrict access to the Services from any jurisdiction prohibited pursuant to this Section 3.2. You will comply with this Section 3.2, even if Bitswift’s methods to prevent use of the Services are not effective or can be bypassed.
You will use the Services and your Bitswift.cash account for personal use only and not on behalf of any businesses or any 3rd party such as friends, or relatives.
In order to use any Services, you must create and maintain an account through the Services (“Bitswift.cash”). To create or maintain your Bitswift Account, or enable functions on your Bitswift.cash Account, you will be required to provide Bitswift with certain information and documentation, including, as applicable, the information and documentation associated with identity verification and other screening procedures described in Section 4.3, below. You will: (a) create a unique password; (b) provide complete and accurate information; (c) promptly update any information you have provided so that the information is complete and accurate at all times; (d) maintain the security of your Bitswift.cash Account by protecting your password from unauthorized access or use; (e) promptly notify Bitswift if you discover or suspect any unauthorized access or use of your Bitswift Account or any security breaches related to your Bitswift,cash Account; and (f) be responsible for all activities that occur under your Bitswift.cash Account, and accept all risks of any authorized or unauthorized access to your Bitswift.cash Account.
Bitswift may offer optional enhanced security features for your Bitswift.cash Account (including, for example, two-factor authentication). Bitswift encourages, but may not require, you to use any such enhanced security features. If you do enable enhanced security features, it is your responsibility to ensure the security of, and your continuous control over, any device or account that may be associated with the enhanced security features.
Depending on the functions that you seek to enable on your account and Bitswift’s risk determination, Bitswift may, in its discretion, require identity verification and other screening procedures with respect to you or transactions associated with your Bitswift.cash Account. These verification and screening procedures may include, without limitation, checking the information you provide against the Specially Designated Nationals and Blocked Persons list maintained by Canadian Government, and any similar list issued by any Canadian governmental authority prohibiting or limiting business activities or transactions with any persons. You may be required to provide Bitswift with certain personal information, including, but not limited to, your name, address, telephone number, email address, date of birth, social insurance number, government identification number, photograph of your government-issued ID or other photographic proof of your identity, and information regarding your identity. You hereby authorize Bitswift, directly or through a third party, to make any inquiries Bitswift considers necessary to verify your identity and/or protect against fraud, including but not limited to: (a) query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth); (b) take action Bitswift reasonably deems necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests. Bitswift will have no liability or responsibility for any permanent or temporary inability to access or use any Services, including your inability to withdraw digital assets (“Tokens”), as a result of any identity verification or other screening procedures.
You will be bound by, and hereby authorize Bitswift to accept and rely on, any agreements, instructions, orders, authorizations and any other actions made, provided or taken by anyone who has accessed or used your Bitswift.cash Account regardless of whether the access is authorized or unauthorized. Upon receipt of written notice from you that the security of your account has been compromised, Bitswift will take reasonable steps to protect your account, including, for example, to cease to allow actions initiated using any compromised account passwords. But, the first sentence of this section will continue to apply to any other account password, and any substitute password issued to replace the compromised account password.
Each user is licensed to one personal account only. Users found violating these terms will have their accounts blacklisted and future access to Bitswift Products and Services suspended.
Purchasing cryptographic tokens and other digital assets (“Tokens”), and use of other Services provided by Bitswift, involves risks and potential for losses, including without limitation the following: -The features, functions, characteristics, operation, use and other properties of the Bitswift.cash services and assets (“Tokens”) may change over time -The Bitswift.cash platform may be vulnerable to attacks on the security, integrity or otherwise standard operational practices of the platform -Any Token, Token Properties or Underlying Technology may change or otherwise cease to operate as expected. -Bitswift may suspend or cease to support the transfer, storage or blockchain interface of the Bitswift.cash platform any time. -Bitswift may suspend or reject your transaction requests, suspend or cease support for Tokens, or suspend or terminate your access to the Services to comply with applicable laws or regulations or an order from law enforcement or other governmental authority, for other reasons as specified in these Terms or otherwise at Bitswift’s discretion. -You may be unable to export Tokens prior to Bitswift ceasing to support transfer of any such Tokens, resulting in the loss of any such Tokens remaining in your Bitswift.cash account. -Any Token may decrease in value or lose all of its value due to various factors including discovery of wrongful conduct, market manipulation, changes to Token Properties or perceived value of Token Properties, Attacks, suspension or cessation of support for a Token by Bitswift or other exchanges or service providers, and other factors outside the control of Bitswift. -Any Token may decrease in value or lose all of its value due to legislative or regulatory activity, or other government action. Government regulation of Tokens is unsettled and rapidly evolving. -Any Token may be lost if sent to the wrong address (for example but without limitation, if the address is improperly formatted, contains errors, or is intended to be used for a different type of Blockchain). -You may be prevented from sending a transaction request, or your transaction request or email may not be received by Bitswift or the Services, due to hardware, software or services issues (including, without limitation, Internet and other network connectivity issues). -Your transaction request or email to Bitswift or the Services may be lost, intercepted or altered during transmission. -Unauthorized third parties may access or use your Bitswift.cash Account and effect transactions without your knowledge or authorization, whether by obtaining the password to your Bitswift.cash Account, obtaining control over another device or account used by you in connection with any enhanced security measures enabled for your account, or by other methods. -The risks described in this Section 4 may result in loss of Tokens, decrease in or loss of all value for Tokens, inability to access or transfer Tokens, inability to trade Tokens, and other losses to you. You hereby assume, and agree that Bitswift will have no responsibility or liability for, such risks. You hereby irrevocably waive, release and discharge any and all claims, whether known or unknown to you, against Bitswift, its Affiliates, Representatives, and their respective shareholders, members, directors, officers, employees, agents and representatives related to any of the risks set forth herein. -You represent and warrant that you have: (a) the necessary technical expertise and ability to review and evaluate the security, integrity and operation of any Tokens that you decide to acquire; and (b) the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits and risks of any Token. You accept the risk of exchanging and exporting Tokens by using the Services, and are responsible for conducting your own independent analysis of the risks specific to the Tokens and the Services. -Bitswift’s decision to support transfer, storage or exporting of any particular Token through the Services does not indicate Bitswift’s approval or disapproval of the Token or the integrity, security or operation of the Token or its Underlying Technology. Bitswift does not provide advice, does not have any fiduciary duty to you or any other user and does not make any warranty about the suitability of any Token for ownership by you.
The Bitswift.cash platform allows the user to purchase supported digital Tokens.The Services associated with your Bitswift.cash Account include a service provided by Bitswift (“Account Funding”). The Account Funding option will permit you to redeem supported vouchers for Tokens which may be transferred to an account, or address not hosted or controlled by Bitswift (“Blockchain Account”) using the export options on the Bitswift.cash platform. Bitswift may require that you verify your control over an External Account or satisfy other verification or screening requirements prior to enabling transfers between the applicable External Account and your Bitswift.cash account.
Vouchers redeemed through the Services are instantly converted into Bitswift tokens for the amount quoted on the purchase screen including any applicable fees.
There are limits on the amounts that you are able to export on a daily basis. Otherwise, you may periodically at your discretion export Tokens by transferring Tokens from Bitswift Services to an address not controlled by Bitswift (“Blockchain Account”). Bitswift may require you to verify that any External Address to which you seek to transfer Tokens is associated with an Approved External Account. You hereby authorize Bitswift to use your Bitswift.cash Account to send to any External Address specified by you using the Services, the number of Tokens specified by you using the Services. Bitswift is not able to reverse any export transfers and will not have any responsibility or liability if you have instructed Bitswift to send Tokens to an address that is incorrect, improperly formatted, erroneous or intended for a different type of Token or blockchain.
You will be responsible for: (a) paying all fees charged by any third party service provider associated with any External Account or External Address as well as for paying any fees charged by Bitswift for any exported Tokens.; (b) ensuring that any inbound and outbound transfers are handled in compliance with Bitswift requirements, third party service provider requirements or Token requirements; (c) ensuring that the address to which any Tokens are to be transferred is properly formatted and suitable for the type of Token being transferred; and (d) ensuring that there are no errors in any of the transfer instructions you provide using the Services and that the Blockchain account you are transferring to is owned personally by you. In the event you fail to comply with any requirements of this Section 7.4, the transferred Tokens may be permanently lost. The timing for completing any transfer will depend on third party actions that are outside the control of Bitswift and Bitswift makes no guarantee regarding the amount of time it may take to complete any transfer. Bitswift may impose limits on the amount of any inbound or outbound transfers, or suspend or terminate the ability to transfer Tokens into or out of your Bitswift.cash account in order to comply with applicable laws or regulations, an order from law enforcement or other governmental authority, or otherwise at Bitswift’s discretion.
Bitswift is not a broker, intermediary, agent, or adviser and has no fiduciary relationship or obligation to you in connection with any decisions or activities affected by you using the Services. No communication or information provided to you by Bitswift is intended as, or shall be considered or construed as, advice. Please refer to Section 5 for a summary of some of the risks you should consider when choosing whether to use our Services.
Before deposit vouchers are redeemed, the Services will generate and display a confirmation dialogue box summarizing the details of the proposed transaction, including type and amount of Tokens you will receive in exchange for the voucher, and any applicable fees imposed by the Services. It is the responsibility of the user to ensure the details of the confirmation screen are accurate and correct. There are no refunds for any type of vouchers of any value or quantity after they have been redeemed for (“Tokens”) through using the Services (Bitswift.cash).
Bitswift may, at any time and in its sole discretion, refuse any export request, Token claim or other transaction request submitted via the Services. Bitswift can impose limits on the amounts of transfers that can be completed on a daily or other periodic basis or impose any other conditions or restrictions upon your use of the Services, without prior notice. For example, Bitswift can (a) restrict requests from certain locations and users; or (b) restrict export requests of any Tokens to any users.
You represent and warrant that all information you provide via the Services is accurate and complete.
Bitswift retains the right, in its sole discretion, to determine whether to support any Token using the Services, and may discontinue or terminate any support for any Token at any time for any or no reason. Unless otherwise required by law or law enforcement, Bitswift will make reasonable efforts to notify you of its decision to cease to support of a Token. If Bitswift ceases to support a particular Token using the Services, Bitswift will use commercially reasonable efforts to notify you at least 7 days prior so as to afford you with an opportunity to transfer the affected Token from your Account to an External Address. If you do not transfer the affected Token out of your Account prior to cessation of support for the Token by Bitswift, the Token may be lost due to your inability to access, transfer or otherwise control the Token. Bitswift will not be liable to you for any losses, liability or expenses related to its decision to cease any support for any Token.
Bitswift does not support Derivative or Security Tokens and you should not use your Bitswift Account to attempt to transfer, store, engage in any other type of asset involving a Derivative or Security Token while using the Services. Bitswift will have no responsibility or liability whatsoever in respect to any Derivative or Security Tokens.
You are responsible for complying with all applicable laws related to your Account activities and other use of the Services, including without limitation any reporting obligations and payment of all applicable taxes. You will determine what, if any, taxes apply to the exported Tokens and any other transactions you complete via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. Bitswift is not responsible for determining whether taxes apply to your use of the Services.
Bitswift’s AML/KYC Program may be updated from time-to-time, including the procedures that Bitswift uses to verify its customers’ identities.
Bitswift may, at its option and discretion, attempt to correct, reverse or cancel any Token transfer or Account with respect to which Bitswift has discovered that there was an error, whether such error was by you, Bitswift or a third party. You hereby authorize Bitswift to attempt any such correction, reversal or cancellation described in the preceding sentence. Bitswift provides no guarantee or warranty that any such attempt will be successful and will have no responsibility or liability for the error or any correction attempt.
If your Bitswift Account has been inactive and you have not responded to reasonable attempts by Bitswift to contact you for a period of one year, Bitswift may have an obligation to report any Tokens in your Account to the applicable governmental entity as unclaimed property. If this happens, Bitswift will attempt to contact you using the contact information provided by you. If you do not respond, Bitswift may be obligated to turn over any Tokens in your Account to the applicable governmental entity after deducting any fees payable to Bitswift.
If Bitswift receives notice that any Tokens held in your Account are alleged to have been stolen or otherwise are not lawfully possessed by you, Bitswift may, but has no obligation to, place an administrative hold on the affected Tokens or your Account. If Bitswift does place an administrative hold on some or all of your Tokens, Bitswift may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to Bitswift has been provided to Bitswift in a form acceptable to Bitswift. Bitswift will not involve itself in any such dispute or the resolution of the dispute. You agree that Bitswift will have no liability or responsibility for any such hold, or for your inability to withdraw, transfer or export Tokens or use any features or options of the Services during the period of any such hold.
You are responsible for doing all things and taking all actions necessary to enable or receive Tokens made available by the Services. For example, and without limitation, it would be your responsibility to claim the Tokens and to designate the address for such Tokens to be delivered. Bitswift has no responsibility to enable, facilitate or help with claiming or receiving any such Tokens. You may not create bots or use any other methods to claim Tokens while using the Services. You are only eligible to claim the amount of tokens presented by the Services and may not manipulate the Services operations, communications, functions or code.
You will not: -violate any law, regulation, contract, intellectual property or other third-party right, or commit a tort while using the Services; -use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner; -use the Services to pay for, support, or otherwise engage in any illegal gambling activities, fraud, money-laundering, or terrorist activities, or other illegal activities; -use any robot, spider, crawler, scraper, or other automated means or interface not provided by Bitswift to access the Services or to extract data; -use or attempt to use another user’s account without authorization; -attempt to circumvent any content filtering techniques Bitswift employs, or attempt to access any service or area of the Services that you are not authorized to access; -introduce to the Services any malware, virus, trojan worms, logic bombs, or other harmful material; -develop any third-party applications that interact with our Services without our prior written consent, or unless otherwise agreed; -provide false, inaccurate, or misleading information; -post content or communications that are, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable; -post content containing unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages or user content designed to deceive or trick the user of the Service; -post content containing private information of any third-party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; or encourage or induce any third party to engage in any of the activities prohibited under this Section. -impersonate any aspect of the Service or the Services communication accounts or any other administrative or social accounts related to the Services;
You agree to pay Bitswift the fees described in the FAQ (https://bitswift.cash/frequently-asked-questions/) as periodically updated by Bitswift at Bitswifts discretion. You authorize Bitswift to remove Tokens from your Account for any applicable fees owed by you under these Terms.
Bitswift may, at its discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, all or any portion of any Services.
Bitswift may, at its discretion and without liability to you, with or without prior notice and at any time, temporarily suspend or permanently terminate your access to all or a portion of any Services.
Bitswift will not be liable for any losses suffered by you resulting from any modification of any Services or from any suspension or termination of your access to all or a portion of any Services (whether pursuant to this Section 10 or for any other reason). If and when Services resume, you acknowledge that Token valuations and exchange rates may differ significantly from the valuations and rates prior to such event.
In the event of discontinuation of all Services or other termination of your right to access all Services: (a) all amounts payable by you to Bitswift will immediately become due; (b) Bitswift may delete or deactivate your Account and all related information and files in such account without liability to you; and (c) Bitswift may cancel any open requests that are pending at the time of discontinuation or termination. In the event of discontinuation or termination of all Services or discontinuation or termination of all or some Tokens, Bitswift will use commercially reasonable efforts, unless prohibited in order to comply with applicable laws or regulations or by order of law enforcement or other governmental authority, to provide you with a period of 90 days to remove the affected Tokens from your Account
The terms of Sections 3.3, 4.3, 5, 6, 7 and 9 through 20 will survive any termination of your access to the Services
You consent to receive electronically all communications, agreements, documents, receipts, notices, and disclosures (collectively, “Communications”) that Bitswift provides in connection with this Agreement, your Bitswift Account or any Services. You agree that Bitswift may provide these Communications to you by posting them via the Services, by emailing them to you at the email address you provide, sending them using an app or other messaging service to your account on the app or messaging service, and/or by sending an SMS or text message to a mobile phone number that you provide to the Services. Your carrier's normal, messaging, data, and other rates and fees may apply to any mobile Communications. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. You may also contact Bitswifts Support Team to request additional electronic copies of Communications or, for a fee, paper copies by filing a support request by emailing firstname.lastname@example.org
In order to access and retain electronic Communications, you will need a computer with an Internet connection that has a current web browser with cookies enabled and 128-bit encryption. You will also need to have a valid email address on file with Bitswift and have sufficient storage space to save past Communications or an installed printer to print them.
You may withdraw your consent to receive electronic Communications by sending a withdrawal notice by email to our Support Team: email@example.com . If you decline or withdraw consent to receive electronic Communications, Bitswift may suspend or terminate your use of the Services.
If, after you consent to receive Communications electronically, you would like a paper copy of a Communication that Bitswift previously sent you, you may request a copy within 30 days after the date Bitswift provided the Communication to you by contacting Bitswift at firstname.lastname@example.org. In order for Bitswift to send paper copies to you, you must have a current street address on file with Bitswift. Please note that our Services operate exclusively online and it is very inconvenient for Bitswift to produce paper copies of Communications. Therefore, if you request paper copies, you agree that Bitswift may charge you a processing fee.
It is your responsibility to keep your email address and/or mobile phone number on file with Bitswift up to date so that Bitswift can communicate with you electronically. If Bitswift sends you an electronic Communication but you do not receive it because your email address or mobile phone number on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Bitswift will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Bitswift to your email address book so that you will be able to receive the Communications Bitswift sends to you. You can update your email address, mobile phone number, or street address at any time by emailing support at email@example.com. If your email address or mobile phone number becomes invalid such that electronic Communications sent to you by Bitswift are returned, Bitswift may deem your account to be inactive, and you may not be able to complete any events via our Services until Bitswift receives a valid, working email address or mobile phone number that is owned by you.
The Services, Site and all technology, content and other materials used, displayed or provided in connection with the Services or Site (“Bitswift Materials”) together with all intellectual property rights in any of the foregoing are, as between you and Bitswift, owned by Bitswift.
You may use the Bitswift Materials solely as authorized by Bitswift in connection with your use of the Services for as long as Bitswift permits you to continue to access the Services. Without limiting the foregoing: you will not (a) resell, lease, lend, share, distribute or otherwise permit any third party to use the Site, Services or Bitswift Materials or use the Site, Services or Bitswift Materials in any service bureau environment; (b) modify or create derivative works of the Site, Services or Bitswift Materials, or any portion thereof; (c) frame, display or incorporate the Site, Services or Bitswift Materials in any website or any other work of authorship; (d) decompile, disassemble, reverse engineer or attempt to discover the source code of the Site, Services or Bitswift Materials; (e) use the Site, Services or Bitswift Materials to design, develop or create any competing product or service; or (f) otherwise use the Site, Services or Bitswift Materials for any commercial or noncommercial purpose other than their intended purposes determined at Biswift’s discretion. "Bitswift”, any product or service names, logos, and other marks used on the Site or Bitswift Materials, or otherwise in connection with the Services, are trademarks owned by Bitswift or its licensors. You may not copy, imitate or use them without Bitswifts prior written consent.
Bitswift will own any feedback, suggestions, ideas, or other information or materials regarding Bitswift or the Services that you provide, whether by email, posting through the Services or otherwise (“Feedback”). You hereby assign to Bitswift all right, title and interest to Feedback together with all associated intellectual property rights. You will not be entitled to, and hereby waive any claim for, acknowledgment or compensation based on any Feedback or any modifications made based on any Feedback.
You hereby grant to Bitswift a royalty-free, fully paid-up, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, create derivative works of, display, perform, publish and distribute, in any form, medium or manner, any text, information, data, materials, images, or other content you provide to Bitswift using the Services or submit or post to the Site and that is not Feedback owned by Bitswift (the “User Content”). You represent and warrant that: (a) you own the User Content or have the right to grant the rights and licenses in these Terms, and (b) the User Content and use by Bitswift of the User Content as licensed herein does not and will not violate, misappropriate or infringe on the rights of any third party. Bitswift may remove any User Content from the Site for any reason at Bitswift’s discretion.
In using the Services, you may view content provided by third parties (“Third-Party Content”). Bitswift does not control, endorse, or adopt any Third-Party Content and shall have no responsibility for Third‑Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. Bitswift is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SITE, THE SERVICES, THE BITSWIFT MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF BITSWIFT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND BITSWIFT EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, BITSWIFT DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES OR BITSWIFT MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOUR USER DATA MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, VIRUSES OR OTHER HARMFUL MATERIALS, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES. THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.
You will defend, indemnify, and hold harmless Bitswift, its Affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, the Services; (b) any Feedback or User Content you provide; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any other person or entity. If you are obligated to indemnify any Indemnified Party, Bitswift (or, at Bitswift’s discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Bitswift wishes to settle, and if so, on what terms.
IN NO EVENT WILL BITSWIFT , ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESS OR FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, THE BITSWIFT MATERIALS, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF BITSWIFT, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY (INCLUDING, FOR AVOIDANCE OF DOUBT, ANY NEGLIGENCE OF BITSWIFT), EVEN IF BITSWIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE LIABILITY OF BITSWIFT, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF OR IN CONNECTION WITH SITE, THE SERVICES, THE BITSWIFT MATERIALS, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF BITSWIFT, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY (INCLUDING, FOR AVOIDANCE OF DOUBT, ANY NEGLIGENCE OF BITSWIFT) EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO BITSWIFT UNDER THIS AGREEMENT IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
All disputes, controversies or claims arising out of or relating to these Terms or the Services, will be resolved through confidential binding arbitration held in Ontario, Canada in accordance with the laws of Ontario, Canada. You agree that any dispute arising out of or related to these Terms or the Services is personal to you and Bitswift and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Bitswift agree that the courts in Ontario, Canada have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. WITH RESPECT TO DISPUTES SUBJECT TO ARBITRATION PURSUANT TO THIS SECTION 20, BOTH YOU AND BITSWIFT ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) THOSE DISPUTES IN COURT BEFORE A JUDGE OR JURY.
The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Services, will be governed by and construed and enforced in accordance with the laws of the province of Ontario, Canada., without regard to conflict of law rules or principles (whether of Ontario or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that Bitswift may initiate a proceeding related to the enforcement or validity of Bitswift’s intellectual property rights in any court having jurisdiction. With respect to any other proceeding that is not subject to arbitration under these Terms, the courts located in Ontario, Canada will have exclusive jurisdiction. You waive any objection to venue in any such courts.
If you violate any of these Terms, Bitswift may, as it determines reasonably necessary to remedy or mitigate your violation, delete all or part of such information transmitted by you, suspend or cancel your account, or confiscate Tokens owned by you without any prior notice to you. Bitswift shall in no event be responsible or liable for any damage incurred by the user as a result of an action taken by Bitswift pursuant to this paragraph. Any right or remedy of Bitswift set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under statute, at law or in equity.
To the extent that a Representative, Affiliate, Contractor of Bitswift, is operating or providing any Services, the Affiliate, Representative, or Contractor’s provision of such Services will be under terms identical to these Terms substituting the Affiliate, Representative or contractor’s name wherever Bitswift’s name occurs in these Terms.
Bitswifts failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
Bitswift will have no responsibility or liability for any failure or delay in performance of any Services, or any loss or damage that you may incur, due to any circumstance or event beyond the control of Bitswift, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.
You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us, including by operation of law or in connection with any change of control. Bitswift may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
Headings of sections are for convenience only and shall not be used to limit or construe such sections.
These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. In the event of any conflict between these Terms and any other agreement you may have with Bitswift, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.