Terms and Conditions

Bitt’s second disclosure, its Terms and Conditions, reads as follows: 

PLEASE READ THESE TERMS OF USE CAREFULLY. BY CLICKING TO ACCEPT, OR BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. If you are accepting these terms on behalf of an entity, you confirm that you are authorized on behalf of that entity to agree to be bound by these Terms of Use and all terms incorporated by reference.

Scope

These are the Terms of Use of Bitt Inc. (referred to herein as "Bitt"). Bitt is an international business company incorporated under the laws of Barbados. These Terms apply to any access and use of our website at https://www.Bitt.com, our online services, our Android and iOS mobile apps, and any of our services related to or utilizing any of the foregoing, which we refer to in these Terms, collectively, as our Services. If you are using our Services in Barbados, you are engaging not with Bitt Inc. but with Koblitz Group, a Caymanian company, and in connection with the provision of Services to you by Bitt, as applicable, any references herein to shall refer to Koblitz Group.

Eligibility and Agreement

If you use our Services these Terms apply. If you do not agree to these Terms, you must not use our Services. You can use our Services only if you can lawfully enter into an agreement to these Terms under applicable law. If you use our Services, you agree to do so in compliance with these Terms and with applicable laws and regulations.

By using the services, you represent that you are not a resident of Afghanistan, Central African Republic, Cuba, Iran, Iraq, Kurdistan, Lebanon, Liberia, Libya, Myanmar, North Korea, Palestinian Territories, Russia, Somalia, Sudan, Syria, Ukraine, Venezuela, Yemen, or Zimbabwe. Access to the services from jurisdictions where their content or function may be illegal or is otherwise prohibited. You acknowledge that you are aware of the rules of your jurisdiction and will not use the services if such use is prohibited or otherwise violates the laws of your state, province, country, or other jurisdiction, and that you are solely responsible for determining compliance with all applicable local laws in your jurisdiction. We reserve the right to suspend or terminate your access to the services without prior notice if we determine, in our judgment, that you reside in a jurisdiction that prohibits the use of the services.

Nobody under the age of 13 may use our services.

Our Privacy Policy

Our Privacy Policy is located at https://www.Bitt.com/privacy. Our Privacy Policy describes how we collect, use, and share your personal information.

Changes to These Terms

We may make changes to these Terms, including when there are changes in our Services, technology, regulation and for other reasons. If we do, we will provide you notice of such changes by posting the updated Terms on our website and changing the Last Updated date below. Any amended Terms will become effective no earlier than 14 days after they are posted and apply prospectively to use of the Services after such changes become effective, except that changes addressing new functions of the Bitt Services or changes made for legal reasons will be effective immediately. Your continued use of the Services following the effective date of such changes will constitute your acceptance of such changes. If you do not agree to any amended Terms, you must discontinue using the Services.

The Bitt Services

Bitt provides you with a simple and convenient way to trade legal tender (such as U.S. dollars and Euros) for digital assets (such as bitcoin and ether) and vice versa, and to trade one type of digital asset for another type of digital asset. You may also use our Services to purchase and sell digital assets directly from and to us. Additionally, the range of services available to you will depend in part upon the country or U.S. state from which you access Bitt.

Our Services may evolve over time. This means we may make changes, replace, or discontinue (temporarily or permanently) our Services at any time for any reason with or without notice. In this case, you may be prevented from accessing or using our Services. If, in our sole discretion, we decide to permanently discontinue our Services, we will provide you with notice via our website. Additional services include the following:

Bitcoin and Digital Currency Transactions

Bitt cannot and does not guarantee the value of bitcoins or other digital currency. Bitcoins and other digital currency are not legal tender. Bitt is not FDIC or SIPC insured. You acknowledge and agree that the value of bitcoins and the value of all other digital currencies is highly volatile and that buying, selling, and holding bitcoins or other digital currencies involves great financial risk. Other than virtual currencies with their own blockchain, such as Etherium, all virtual currencies are verified by the bitcoin consensus network; this includes bitcoin and barbadian digital dollars. Additionally, the bitcoin consensus network is solely responsible for verifying and confirming proposed transactions that you submit via the Services, and Bitt cannot and does not confirm, cancel, or reverse digital transactions, other than confirmation of the bitcoin network's completion of a transaction. The bitcoin network is operated by a decentralized network of independent third parties. Once a transaction request has been submitted to the bitcoin network via the Services, the bitcoin network will automatically complete or reject the request and you will not be able to cancel or otherwise modify your transaction request. You acknowledge and agree that Bitt is not responsible for any errors or omissions that you make in connection with any bitcoin and other digital currency transaction initiated via the Services. The Services help you submit your bitcoin or other digital currency transaction request for confirmation to the bitcoin network. However, Bitt has no control over the bitcoin network, through which bitcoin and digitized fiat currencies are transferred, and therefore cannot and does not ensure that any transaction request you submit via the Services will be completed. The same is true of transactions in other digital currency networks, known as “blockchains.” You acknowledge and agree that the transaction requests you submit via the Services may not be completed, or may be substantially delayed, by the bitcoin network or other similar blockchain network for other digital currencies. When you complete a transaction request via the Services, you authorize us to submit your transaction request to the bitcoin network in accordance with the instructions you provide via the Services.

Third Party Services

You may, at your sole discretion, order from Bitt certain services sourced from third-party providers (the “Third-Party Services”). Such Third-Party Services may require the payment of additional fees to Bitt or other Third Parties, and such fees shall be communicated to you. For such Third-Party Services, your access, continued access, and use thereof are subject to additional terms required by such third-party providers. Such third-party terms shall be made available to you from time to time by Bitt or directly by a third-party provider. Bitt does not represent or warrant that the third-party terms made available to you are accurate or complete. By agreeing to these terms, you agree that: (i) such third-party terms are legally binding on you, and you shall comply with such third-party terms; (b) no third-party term shall expand your rights or Bitt’s obligations under our Agreement(s); (c) the various third-party terms that have been provided, are being provided contemporaneously herewith, or will be provided hereafter from time to time, are provided on a per third-party provider basis, and you shall not be entitled to draw any inference by construing together the various third-party terms; and (d) each third-party provider shall be an express, intended third-party beneficiary of this Agreement in respect of the third-party terms provided by such specific third-party provider and the other terms of this Agreement expressly applicable generally to all third-party providers. Third-party providers may require that Bitt suspend or terminate your access to the Third-Party Services provided by that third-party provider if you fail to comply with the applicable third-party terms, and you acknowledge that Bitt shall have no liability in the event of such suspension or termination.

Wallet Address and Private Key

When you create an account, the Services generate and store a cryptographic private and public key pair that you may use to send and receive bitcoins or other digital currency via the bitcoin network. The public key generated by the Services serves as your bitcoin wallet address or the wallet address for other digital currencies, and may be shared with the bitcoin network and with others to complete bitcoin and other digital currency transactions. The private key uniquely matches the wallet address and must be used in connection with the wallet address to authorize the transfer of bitcoins or other digital currencies from or to that wallet address.

Verification

Bitt is a custodian of any bitcoins or other digital currencies transferred to a Bitt Wallet. Bitt does not obtain any legal or beneficial right, title or interest in your bitcoins or other digital currencies that you store in your Wallet. Please note, however, that Bitt may give you a small amount of bits in connection with your creation of an account with Bitt (bits are a fractional amount of bitcoins equal to 0.000001 of one bitcoin), but unless and until you have verified your identity with Bitt, you will not have a legal or beneficial right to these bits from Bitt and may be restricted in your ability to utilize the Bitt Services. Once you have verified your identity with Bitt and Bitt has determined that your use of the Bitt Services complies with applicable laws, these will become your bits and Bitt will no longer have any legal or beneficial right to these bits.

Intellectual Property Rights Ownership

We retain all right, title, and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in our Services and all content on our Services, including our trademarks, service marks, designs, logos, URLs, and trade names that are displayed on our Service, which we refer to in these Terms, collectively, as the Bitt Materials. We hereby grant you a limited, nonexclusive, and non-sublicensable license to access and use the Bitt Materials for your personal or internal business use. Such license is subject to these Terms and does not permit any resale of the Bitt Materials; the distribution, public performance or public display of any Bitt Materials; modifying or otherwise making any derivative uses of the Bitt Materials, or any portion thereof; or any use of the Bitt Materials other than for their intended purposes. The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services. We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials regarding Bitt or our Services that you provide, whether by email, posting through our Services or otherwise, which we refer to in these Terms as Feedback. Any Feedback you submit is non-confidential and will become the sole property of Bitt. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You may not use, copy or retransmit anything on our website without our permission. We reserve all rights not expressly granted herein.

Authorized Use of Our Services

You are permitted to use our Services, only as we have authorized. You are responsible for ensuring that your personal information in your account profile is current and correct, including your email address and mobile phone number. You are also responsible for maintaining adequate security, control and confidentiality of your account information, including any personal identification numbers (PINs), passwords, API keys or other codes associated with your account and any activity occurring within that account. The loss or compromise of this information may result in unauthorized access of your account, which may result in loss or theft of any bitcoins or other digital currency held in your account. If you believe your account has been compromised, need to report a security incident, experience any operational problems, or have a security concern, please contact us immediately at [email protected] describing the issue at hand as thoroughly as possible including the date, type of problem and part of the Bitt site or Bitt Services where you experienced that problem. You are responsible for (i) immediately notifying us of any unauthorized use of your password or account or any other breach of security, and (ii) ensuring that you exit from your account at the end of each session when accessing the Bitt Services. We have no responsibility for any loss that you suffer as a result of failing to comply with this section or your failure to follow or act on any notices or alerts that we may send to you.

Messages

To use the Bitt Services, you must provide a valid mobile phone number. This number is used as part of the authentication process. As part of using the Bitt Services, you are agreeing to receive SMS/text messages from us. Please note that while we do not charge you for SMS/text messages, your mobile carrier’s standard messaging rates will apply. Failure to provide a valid mobile phone number may result in restriction of your use of the Bitt Services. If Bitt suspects that your mobile number is invalid or that you are using a VOIP service to circumvent the requirement to provide a valid mobile phone number, Bitt may suspend or otherwise restrict your use of the Bitt Services.

Accurate Information & Registration Requirements

Bitt reserves the right in its sole discretion to not open accounts and to temporarily or permanently suspend accounts, including where required or recommended by applicable governmental, regulatory or law enforcement requirements, including where you fail to provide sufficient information to verify your identity with Bitt. The Bitt Services are for the use only of the registered account holder. You agree that the information you provide to Bitt during the account creation and any subsequent identity verification processes is accurate and complete, and will be updated as necessary to keep it so. If you are under 18 years of age, you are not authorized to use the Bitt Services, with or without registering.

Prohibited Activities

You agree that you will not use the Bitt Services to perform any type of illegal activity of any sort or to take any action that negatively affects the performances of the Bitt Services. You may not engage in any of the following activities via the Services, nor may you help a third party in any such activity: (1) attempt to gain unauthorized access to our Services or another user'™s account, (2) make any attempt to bypass or circumvent any security features, (3) violate any law, statute, ordinance, or regulation, (4) reproduce, duplicate, copy, sell or resell our Services for any purpose except as authorized in these Terms, (5) engage in any activity that is abusive or interferes with or disrupts our Services. If you are blocked by Bitt from accessing the Bitt Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Use of our Services in connection with any transaction involving illegal products or services is prohibited. Bitt reserves the right to temporarily or permanently suspend your account or otherwise restrict your use of the Bitt Services if any violation of this section occurs.

Prohibited Customers

By using the Bitt Services you represent that you are not an individual or entity that is, or an entity owned or controlled by persons or entities that are, (i) the subject of any sanctions administered or enforced by the U.S. Department of the Treasury'™s Office of Foreign Assets Control, the U.S. Department of State, the United Nations Security Council, the European Union, Her Majesty'™s Treasury, the Hong Kong government, or any other governmental authority with jurisdiction over Bitt or the Bitt Services; (ii) identified on the Denied Persons, Entity, or Unverified Lists of the U.S. Department of Commerce Bureau of Industry and Security; or (iii) located, organized or resident in a country or territory that is, or whose government is, the subject of U.S. economic sanctions, including, without limitation, Cuba, Iran, Iraq, Russia, Libya, Yemen, Zimbabwe, North Korea, Sudan, Belarus, Central African Republic, Democratic Republic of the Congo, Myanmar, or Syria. By signing up for an account with us or by using any of our products and services, you confirm that you are not a New York State resident or New York State legal entity, and that you will not be using our services from the State of New York. Bitt is actively pursuing licensing expansion into New York under the New York "BitLicense" and will inform its customers as soon as activity in New York is eligible. You further represent that you will not use the Bitt Services to conduct any transaction with or on behalf of any person or entity listed in clauses (i) through (iii) above or otherwise in violation of law. Bitt may cease to provide the Bitt Services to you for any reason, and without notice, if it determines that you have violated any of the above representations. You understand and consent that Bitt may be legally required to detain, to deny your access to, and to report to one or more governmental authorities, such of your property or property interests as are in Bitt'™s possession or control in the event of certain sanctions imposing these obligations. These representations, covenants, and obligations are continuing and you agree to notify Bitt immediately in writing if your status under any of the above covenants changes.

Trademarks

Bitt and the Bitt logo are our trademarks, registered trademarks or service marks. Any other trademarks mentioned in our website or mobile apps are the property of their respective owners.

Disclaimer of Warranties

OUR SERVICES ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. Your use of our Services is at your sole risk. We and our licensors, service providers or subcontractors (if any) make no representations or warranties about the suitability of the information, software, products and services contained in our Services for any purpose or their compliance with any accounting rules, principles or laws, and expressly disclaim any representation or warranty that the Services will be free from errors, viruses or other harmful components, that communications to or from the Services will be secure and not intercepted, that the services and other capabilities offered from the Services will be uninterrupted, or that their content will be accurate, complete or timely. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH IN THESE TERMS. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.

No Advice

Bitt is not acting and cannot act as an advisor, including as to any financial, legal, investment, insurance and/or tax matters. Any information provided by Bitt is for general information only. You are solely responsible for determining whether any contemplated transaction is appropriate for you.

Indemnification

You agree to indemnify, defend and hold us, our employees, agents, consultants, subsidiaries, partners, affiliates, and licensors, harmless against any and all claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals) arising from or in any way related to your use of our Services, your violation of these Terms, or your violation of any rights of any other person or entity.

Limitation of Liability

IN NO EVENT WILL WE, OUR LICENSORS, SERVICE PROVIDERS OR SUBCONTRACTORS (IF ANY) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL), ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, OR THE PERFORMANCE OR OPERATION OF OUR SERVICES, YOUR ACCESS TO, DISPLAY OF, USE OF THE SERVICES, OR WITH DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SERVICES, ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES, OR THE ACT OR OMISSION OF ANY BUSINESS USING OUR SERVICES OR OTHER THIRD PARTY, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE, OUR LICENSORS, SERVICE PROVIDERS OR SUBCONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BITT MAKES THIRD-PARTY SERVICES AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE THIRD-PARTY SERVICES. REPRESENTATIONS AND WARRANTIES CONCERNING THE THIRD-PARTY SERVICES, IF ANY, ARE SET FORTH IN THE THIRD-PARTY TERMS.

In no event will the aggregate liability of Bitt, our licensors, service providers, or subcontractors for any loss or damage that arises out of, or is connected with, any of the occurrences described above exceed, the greater of $100 or the service fees that you paid to us for the service we provide through the Services during the month during which the incident occurred. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of us, our licensors, service providers and subcontractors. FOR THE AVOIDANCE OF DOUBT, THE LIMITATIONS OF LIABILITY DESCRIBED IN THIS SECTION WOULD NOT LIMIT THE AMOUNTS OTHERWISE PAYABLE TO YOU BY BITT AS A RESULT OF SUCCESSFUL INSURANCE CLAIMS PAID OUT BY BittS INSURER AND RECEIVED BY Bitt. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS OR LIMITATIONS ON LIABILITY. ONLY DISCLAIMERS OR LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Severability

If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Arbitration and Governing Laws

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

You and Bitt agree to arbitrate any dispute arising from these Terms or your use of our Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Bitt agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Bitt shall be sent to [email protected] You and Bitt further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Barbados; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the laws of Barbados; and (d) that the courts of Barbados have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of Barbados, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND BITT WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.

Limitations

To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of our Services within two years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

Unclaimed Property

Under applicable law, after a specified period of inactivity by you with respect to your Bitt account, Bitt may be required to report and/or remit any bitcoins or other digital currency it is holding in custody for you in accordance with unclaimed property laws.

No Waiver

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

Assignment; Entire Agreement

Bitt may assign these Terms to its parent company, affiliate or subsidiary, or in connection with a merger, consolidation, or sale or other disposition of all or substantially all of its assets. These Terms, together with any other agreements that apply to you, constitute the entire and exclusive agreement between us and you regarding its subject matter, and supersede and replace any previous or contemporaneous written or oral contract, warranty, representation or understanding regarding its subject matter.

Returned Checks / ACH Debits

Any and all checks returned to Bitt customers and prospective customers will be accompanied with a mandatory $75.00 fee.

Contact Us

Bitt Inc. Unit 8, Hastings Plaza Hastings, Christ Church Barbados West Indies

Alternative you may contact us via [email protected]