Terms of Service
Terms of Service
These Terms of Service (“Terms of Service”) apply to your access to and use of the website www.bitperk.io and its subdomains (“Website”), mobile application and other products and services as described in more detail on our Website (collectively referred to as the “Services”) offered by bitPerk OÜ (“bitPerk”, “we”, “us”), a private limited company registered in the Republic of Estonia with registration number 16165890 and address Toom-Rüütli 7-1, Tallinn, Estonia.
By accepting these Terms of Service, it forms a legally binding Software as a Service (SaaS) contract between you and bitPerk (“Agreement”). These Terms of Service are applied for regulating the relations between you and bitPerk regardless of whether you are using the free of charge or paid Service (“Paid Service”) and regardless of the device you are using the Services on. If you do not agree to all of these terms, do not use our Services.
In case of any conflict between these Terms of Service and any other written agreement between you and bitPerk for the use of Services, the latter shall prevail.
The Services can be used or accessed only by holders of a user account (“User Account”). The User Account can be created by individuals or by legal entities (both individually referred to as “you” or “Client”) and their authorized users (“Authorized Users”). In order to use this part of the Services you must create a User Account by:
- Completing the sign-up form on the website; and
- Accepting these Terms of Service by clicking “CREATE ACCOUNT” or other similar button.
You must provide accurate and complete information when registering your User Account and using the Services and you must comply with the Terms of Service. We are not responsible for the content or accuracy of any information and data, including personal data (collectively referred to as “Customer Data”) you provide us.
We will make the Services available to you as described in the Terms of Service and Website. We will use commercially reasonable efforts to have the Services available 24/7, excluding planned downtime. We will take reasonable measures in order to protect the content of your User Account from unauthorized access and malware and to ensure the confidentiality of your data.
We will integrate the Services with different software development tools (the list is available on our Website) and gain access to Client’s software development tools through the use of an application programming interface (API). Consequently, we might also have access to confidential Customer Data, such as information about ongoing software/business/other projects that we receive due to providing the Services (through processing the events, for awarding bits etc). We will not use this information for any other purposes than for providing the Services and will take appropriate measures to prevent any unauthorized disclosure of such confidential Customer Data.
We will process anonymized Customer Data and content for machine learning purposes in order to deliver better Services to you and other clients and for further development and continued improvement of our Services and new products.
We may integrate the Services with third party software and receive data (including personal data) from them regarding you or your Authorized Users.
We shall provide reasonable technical support to you at your reasonable request. Technical support is available during weekdays between 9AM to 5PM EEST. The contacts for all enquiries of support are:
- On-site support chat;
- E-mail: firstname.lastname@example.org;
- Any other contact method as specified on the Website.
We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. We are under no circumstances obliged to maintain, adjust or add any specific functionality to the Service. You agree that bitPerk will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.
We reserve the right to modify these Terms of Service at any time without prior notice in our sole discretion. If we make any changes to the Terms of Service we will provide a notice of such changes on our Website and inform you via email at least 14 days before the amendments come into force. If you don’t accept these amendments, then you need to notify us before the effective date of the modifications and these Terms of Service will terminate on the effective date of the modification. Once this deadline has passed and you continue using our Services it is considered that you have accepted the amendments to the Terms of Service.
Use of the Services may be subject to a fee (“Paid Services”). Although certain Services may be available free of charge, e.g. a certain amount of free User Accounts (Authorized Users) per one legal entity, some Service plans are fee based. Placing an order for a Paid Service involves an obligation to pay for this Paid Service. The fees are available on our Website. All fees are non-refundable, i.e. there is no refund for the period you didn’t use your User Account or used it partially or deactivated your User Account during a subscription period.
The subscription is renewed automatically at the end of the subscription period, unless cancelled in self-service during the subscription period. You will be charged for renewal within 24 hours prior to the end of the current subscription period.
We reserve the right to change the prices of the Paid Services. Prices of the Paid Services change at the beginning of the next subscription period after the changing of the price. We shall inform you of the changes in the prices for Paid Services a reasonable time ahead.
Your failure to pay the fees for the Paid Services may result in termination of the Agreement between us, which does not release you from the obligation to pay the fees in full for the ongoing subscription period.
BitPerk owns all intellectual property rights related to the Services, including any and all software, tools, specifications, guidelines, trademarks, domains etc provided by us to you. Subject to these Terms of Service, and the payment of the applicable fee, we grant you and your Authorized Users a non-exclusive, non-transferable, non-sub-licensable license to use the Services for as long as you comply with the Terms of Service.
You as our customer will own all your Customer Data. Subject to the Terms of Service, you and your Authorized Users grant us a worldwide, non-exclusive, limited term license to access, use, process, copy, distribute, display and perform your Customer Data only as reasonably necessary to:
- Provide, maintain and update the Services;
- To prevent or address a technical or security issue with the Services;
- As expressly permitted by you. You represent and warrant that you have secured all rights in and to Customer Data from your Authorized Users as necessary to grant this license.
The Website might contain references or links to third party websites. We don’t control or monitor the linked sites in any way and are not liable for the contents, correctness, reliability or data security of the linked sites.
Through using our Services you might also be able to use certain services offered by third parties (“Third Party Services”). You are responsible for reviewing, understanding and complying with terms and conditions governing any Third Party Services and your use of any Third Party Services indicates that you agree and accept these terms and conditions. You agree that bitPerk is not liable for the performance of such Third Party Services and you agree to indemnify bitPerk for third party claims relating to your use of the Third Party Services.
Our Service is provided on an “as is” basis and, other than expressly set out in the Terms of Service without warranties of any kind. Although we are striving to provide the highest quality service possible, we do not warrant that our Service will be error-free, uninterrupted or available at all times.
Unless explicitly stated otherwise, to the maximum extent permitted by applicable law, bitPerk or our affiliates, board members, employees, suppliers and partners, are not liable for any indirect, incidental, special, exemplary, punitive or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with your use of the Service. To the maximum extent permitted by applicable law, bitPerk and our affiliates, board members, employees, suppliers and partners will not be liable for any damages that exceed the total amounts you have paid for the Service, or 1000 €, whichever is higher.
Neither you or bitPerk will be responsible for failure or delay of performance if caused by an act of war, hostility, or sabotage, natural disaster, electrical, internet, or telecommunication outage that is not caused by the obligated party. We will both use reasonable efforts to mitigate the effect of a force majeure event.
You are solely responsible for creating backup copies of any of the user content that you submit to bitPerk. You are liable for your Authorized Users, including for any breaches of the Agreement by your Authorized Users.
Your subscription to the Services continues until terminated. You are entitled to unilaterally terminate the Terms of Service and discontinue use of the Services at any moment by informing us by e-mail or deleting your User Account (if such feature is available). We are not obliged to refund already made prepayments.
We may terminate your free subscription without cause, but we will provide you with thirty (30) days prior written notice.
We have the right, without notice and in our sole discretion, to immediately terminate your right to use the Services, or any portion of thereof, and to block or prevent your future access to and use of the Services or any portion thereof if you have failed to pay for the Services in due time or we reasonably believe that:
- You or your Authorized Users have submitted us false information;
- Person who has used our Services in your name does not have your authorization;
- You or your Authorized Users are in any other way in violation of the Terms of Service;
- You or your Authorized Users are using the Services in violation of applicable law.
Upon the termination of the Agreement, we have no obligation to maintain or provide any Customer Data and may thereafter, unless legally prohibited, delete all Customer Data in our systems or otherwise in our possession or under our control.
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
These Terms of Service and all disputes and claims arising out of or in connection with them are governed by the laws of the Republic of Estonia. You and bitPerk irrevocably agree that the courts of the Republic of Estonia have exclusive jurisdiction to settle any dispute or claim (whether contractual or non-contractual) arising out of or in connection with these Terms of Service.