Effective Date: 09 September 2024
1. General Provisions
1.1. Overview
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and BITWARA FINTECH INC. (“Bitwara”, “Company,” “we,” “us,” or “our”) regarding your access to and use of our website, platform, and related services (collectively, the “Services”). By using the Services, you agree to be bound by these Terms.
1.2. Amendments
The Company reserves the right to modify these Terms at any time. Any changes will be posted on this page, and the “Effective Date” will be updated accordingly. Your continued use of the Services after the posting of changes constitutes your acceptance of the modified Terms.
1.3. Contact Information
If you have any questions regarding these Terms, please contact us at:
- Email: support@bitwara.com
- Address: BITWARA FINTECH INC., 6th Floor – 905 West Pender Street, Vacouver BC, V6C 1L6, Canada (Incorporation Number: BC1494856)
2. User Registration and Account
2.1. Registration
To use certain features of the Services, you may be required to register an account. You agree to provide accurate, complete, and current information during registration and to update such information as necessary to maintain its accuracy.
2.2. Account Security
You are responsible for safeguarding your account login information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
2.3. Account Termination
We reserve the right to suspend or terminate your account at any time, with or without cause, including but not limited to violations of these Terms.
3. Use of Services
3.1. License
The Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services in accordance with these Terms.
3.2. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Using the Services for any unlawful purpose or in violation of any applicable law.
- Attempting to interfere with or disrupt the Services, servers, or networks connected to the Services.
- Transmitting any harmful or malicious software through the Services.
- Engaging in any activity that could harm or undermine the security or functionality of the Services.
3.3. Compliance with Laws
You agree to comply with all applicable local, state, national, and international laws and regulations in your use of the Services.
4. Payments and Fees
4.1. Payment Terms
Certain features of the Services may require payment of fees. You agree to pay all applicable fees as described on our website. All payments are due immediately upon receipt of the invoice unless otherwise specified.
4.2. Refund Policy
All payments made to the Company are non-refundable, except as otherwise required by law or expressly stated on the Services.
4.3. Taxes
You are responsible for any taxes applicable to your use of the Services, other than taxes on the Company’s income.
5. Intellectual Property
5.1. Ownership
The Services, including all content, features, and functionality, are the exclusive property of the Company and its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
5.2. License Restrictions
You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
6. Limitation of Liability
6.1. No Warranty
The Services are provided “as is” and “as available” without any warranties of any kind, either express or implied. The Company disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
6.2. Limitation of Liability
To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Services;
- Any conduct or content of any third party on the Services;
- Any content obtained from the Services; and
- Unauthorized access, use, or alteration of your transmissions or content.
6.3. Maximum Liability
In no event shall the Company’s aggregate liability for all claims relating to the Services exceed the greater of $100 or the amount you paid us in the 12 months preceding the claim.
7. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, and successors 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 violation of these Terms or your use of the Services.
8. Governing Law and Dispute Resolution
8.1. Governing Law
These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of Canada, without regard to its conflict of law principles.
8.2. Dispute Resolution
Any disputes arising out of or related to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of ADR Institute of Canada, Inc. (ADRIC), except that you may assert claims in small claims court if your claims qualify.
9. Miscellaneous
9.1. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the use of the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and the Company.
9.2. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
9.3. Waiver
The Company’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
9.4. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. The Company may assign or transfer these Terms, at its sole discretion, without restriction.