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BAPS Client 1.0.96
End-User License Agreement
BAPS Client requires that you accept the following End-User License Agreement before installation can proceed:
- 1. Your Agreement with Bit2go
- 1.1. Your use of the BAPS (the "Service") is governed by this agreement (the "Terms"). "Bit2go" means Bit to go ltd., located at POB 4099 Raanana , Israel, and its subsidiaries or affiliates involved in providing the Service.
- 1.2. In order to use the Service, you must first agree to the Terms. You can agree to the Terms by actually using the Service. You understand and agree that Bit2go will treat your use of the Service as acceptance of the Terms from that point onwards.
- 1.3. You may not use the Service if you are a person barred from receiving the Service under the laws of the United States or other countries including the country in which you are resident or from which you use the Service. You affirm that you are over the age of 13, as the Service is not intended for children under 13.
- Your Account and Use of the Service
- 2.1. You must provide accurate and complete registration information any time you register to use the Service. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Google immediately.
- 2.2. Your use of the Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
- 2.3. You agree not to (a) access (or attempt to access) the Service by any means other than through the interface that is provided by Bit2go in connection with the Service, unless you have been specifically allowed to do so in a separate agreement with Bit2go, or (b) engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
- 3. Service Policies and Privacy
- Information we collect and how we use it
- 3.1. We may collect the following types of information:
- 3.1.1 Information you provide – When you sign up for a BAPS account we ask you for personal information. You will have access to your account information.
- 3.1.3 Log information – When you access Bit2go services via a browser, application or other client our servers automatically record certain information. These server logs may include information such as your web request, your interaction with a service, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser or your account.
- 3.1.4 User communications – When you send email or other communications to Bit2go, we may retain those communications in order to process your inquiries, respond to your requests and improve our services. We may use your email address to communicate with you about our services.
- 3.2. In addition to the above, we may use the information we collect to:
- 3.2.1 Provide, maintain, protect, and improve our services (including advertising services) and develop new services; and
- 3.2.2 Protect the rights or property of Bit2go or our users.
- If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.
- 3.3. Bit2go only shares personal information with other companies or individuals outside of Bit2go in the following limited circumstances:
- 3.3.1 We have your consent. We require opt-in consent for the sharing of any sensitive personal information.
- 3.3.3 We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of Google, its users or the public as required or permitted by law.
- 3.4. We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data.
- 4. Content in the Service and Take down Obligations
- 4.1. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the Service are the sole responsibility of the person from which such content originated. All such information, including the application that you create using the Service and any source code written by you to be used with the Service is referred to below as the "Application."
- 4.2. Bit2go reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Applications from the Service. Bit2go reserves the right to directly take down any Application that violates these Terms, any applicable Program Policies, or applicable law or regulation.
- 4.3. You agree that you are solely responsible for (and that Bit2go has no responsibility to you or to any third party for) the Application that you create, transmit or display while using the Service and for the consequences of your actions (including any loss or damage which Bit2go may suffer) by doing so.
- 4.4. You agree that Bit2go has no responsibility or liability for the deletion or failure to store your API calls and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Application.
- 4.5. You agree that you are solely responsible for (and that Bit2go has no responsibility to you or to any third party for) any breach of your obligations under these Terms, any applicable third party contract or Terms of Service, or any applicable law or regulation, and for the consequences (including any loss or damage which Bit2go or any third party may suffer) of any such breach.
- 4.6. You agree that the internet isn't a stable environment and Bit2go has no responsibility or liability for the failure to create or to operate your API calls and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for the development and the deployment of the application.
- 4.7. You agree that you will not use (in any manner) content/website (in any form) that isn't owned by you or you have the consent of the rightful owner of the content. Any breach of this section will result in immediate termination of the service and severe legal measurements.
- 5. Proprietary Rights
- 5.1. You acknowledge and agree that Bit2go own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
- 5.2. Unless you have agreed otherwise in writing with Bit2go, nothing in the Terms gives you a right to use any of Bit2go's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
- 5.3. Except as provided in Section 7, Bit2go acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Application that you create, submit, post, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Bit2go, you agree that you are responsible for protecting and enforcing those rights and that Bit2go has no obligation to do so on your behalf.
- 5.4. Upon using the Service you will commit that you are the rightful owner or have the written consent of the owner of the content being used and/or presented in the application. We will strongly enforce any breach of this commitment. Bit2go will conduct initiated inspections for the origination of contents being used in your applications.
- 5.5. In any event we will detect unauthorized use of content the following will take place:
- 5.5.1 You will be required to send us documentation verifying your right to use the content with in 48 hours. Failure to provide this form of documentation will result in an immediate termination of all application related processes.
- 5.5.2. Thorough inspection of all your applications that were created by the Service and a requirement for documentation verifying the rights for any content used in your applications. . Failure to provide this form of documentation with in 48 hours will result in an immediate termination of all application related processes.
- 5.5.3 We will immediately execute harsh legal measurements against you.
- 6. License from Bit2go and Restrictions
- 6.1. Only and once you will deliver Bit2go payments for the service as concluded, Bit2go gives you a personal, limited, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Bit2go as part of the Service as provided to you by Bit2go (referred to as the "BAPS-Bit2go API studio" below). This license is for the sole purpose of enabling you to develop Applications, in the manner permitted by the Terms.
- 6.2. You may not (and you may not permit anyone else to): (a) copy, modify, adapt, redistribute, decompile, create a derivative work of, reverse engineer, or otherwise attempt to extract the source code of the BAPS platform or any part thereof; (b) attempt to disable or circumvent any security mechanisms used by the Service; (c) use the Service to create an application that performs a malicious activity, including but not limited to spamming users, harvesting usernames and passwords, performing unauthorized scans of machines or ports; or (d) use the Service to create an Application that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party, including, but not limited to, Bit2go or any mobile communications carrier, or (e) upload or otherwise process any malicious content to or through the Service.
- 6.3. Unless Bit2go has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the BAPS Platform, grant a security interest in or over your rights to use the BAPS Platform, or otherwise transfer any part of your rights to use the Software.
- 7. License from You
- 7.1. Bit2go claims no ownership or control over any Application. You retain copyright and any other rights you already hold in the Application, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Application on or through the Service you give Bit2go a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, perform, display and distribute the Application for the sole purpose of enabling Bit2go to provide you with the Service, including storing the Application on its servers. Furthermore, by creating an Application through use of the Service, you give Bit2go a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, perform, display and distribute such Application for the sole purpose of enabling Bit2go to provide you with the Service, including storing the Application on its servers.
- 7.2. You agree that Bit2go, in its sole discretion, may use the trade names, trademarks, service marks, logos, domain names and other distinctive brand features of your Application in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of
- 8. Software Updates
- 8.1. The Software which you use may automatically download and install updates from time to time from Bit2go. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Bit2go to deliver these to you) as part of your use of the Service.
- 9. Modification and Termination of the Service
- 9.1. You acknowledge and agree that the form and nature of the Service which Bit2go provides may change from time to time without prior notice to you.
- 9.2. You may discontinue your use of the Service at any time. Bit2go may, at any time, terminate your use of the Service and disable your access to the Service at any time in its sole discretion with or without notice.
- 9.3. When the Terms comes to an end, all of the legal rights, obligations and liabilities that you and Bit2go have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Section 16.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
- 9.4. Upon any termination of the Service under Section 9, these Terms will also terminate, but Sections 5.1, 10, 11, 12, and 15 shall continue to be effective after these Terms are terminated.
- 10. EXCLUSION OF WARRANTIES
- 10.1. NOTHING IN THESE TERMS, INCLUDING SECTIONS 10 AND 11, SHALL EXCLUDE OR LIMIT BIT2GO'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
- 10.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."
- 10.3. BIT2GO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICE INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BIT2GO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, AND (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.
- 11. LIMITATION OF LIABILITY
- 11.1. SUBJECT TO SECTION 10.1 ABOVE AND SECTION 15 BELOW (CONFIDENTIAL INFORMATION), YOU EXPRESSLY UNDERSTAND AND AGREE THAT BIT2GO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
- 11.2. THE LIMITATIONS ON BIT2GO'S LIABILITY TO YOU IN PARAGRAPH 11.1 ABOVE SHALL APPLY WHETHER OR NOT BIT2GO HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
- 12. Indemnification
- 12.1. You agree to hold harmless and indemnify Bit2go, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Service, (c) your violation of applicable laws, rules or regulations in connection with the Service, or (d) your Application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Bit2go will provide you with written notice of such claim, suit or action.
- 13. Confidential Information
- 13.1. By virtue of the Terms, the parties may have access to information that is confidential to one another ("Confidential Information"). “Confidential Information” means the specific terms of the Terms, BAPS Platform (including without limitation all object code and source code), and any information, data or other materials provided by one party to the other under or in connection with the Terms (other than information intended to be disclosed to third parties as set forth herein) that is (a) clearly and conspicuously marked as “confidential” or with a similar designation; (b) is identified by the disclosing party (“Discloser”) as confidential and/or proprietary before, during, or promptly after presentation or communication; or (c) is disclosed in a manner which the Discloser reasonably communicated, or the receiving party (“Recipient”) should reasonably have understood under the circumstances that the disclosure should be treated as confidential, whether or not the specific designation “confidential” or any similar designation is used.
A party's Confidential Information shall not include information which: (a) is or becomes a part of the public domain through no act or omission of the other party; or (b) was in the other party's lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; or (c) is lawfully disclosed to the other party by a third party without restriction on disclosure; or (d) the Recipient can adequately demonstrate was independently developed by the Recipient without use of or reference to the Discloser’s Confidential Information. You shall not disclose the results of benchmark tests or other evaluations of Android to any third party unless Google grants you prior written consent to such disclosure.
The parties agree, both during the term of the Terms and for a period of three (3) years after termination of the Terms, to hold each other's Confidential Information in confidence and to protect the disclosed Confidential Information by using the same degree of care, but not less than a reasonable degree of care, to prevent the unauthorized use, dissemination or publication of the Confidential Information as they use to protect their own confidential information of a like nature. The parties agree not to make each other's Confidential Information available in any form to any third party or to use each other's Confidential Information for any purpose other than the implementation of the Terms. Each party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in violation of the provisions of the Terms.
- 14. Changes to the Terms
- 14.1. Bit2go reserves the right to make changes to the Terms from time to time. When these changes are made, Bit2go will make a new copy of the Terms available here.
- 14.2. You understand and agree that if you use the Service after the date on which the Terms have changed, Bit2go will treat your use as acceptance of the updated Terms.
- General Legal Terms
- 15.1. The Terms constitute the whole legal agreement between you and Bit2go and govern your use of the Service (but excluding any services which Bit2go may provide to you under a separate written agreement), and completely replace any prior agreements between you and Bit2go in relation to the Service.
- 15.2. There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.
- 15.3. If Bit2go provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.
- 15.4. You agree that Bit2go may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
- 15.5. You agree that if Bit2go does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Bit2go has the benefit of under any applicable law), this will not be taken to be a formal waiver of Bit2go's rights and that those rights or remedies will still be available to Bit2go.
- 15.6. Bit2go shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
- 15.7. The Terms, and your relationship with Bit2go under the Terms, shall be governed by the laws of the State Israel without regard to its conflict of laws provisions. You and Bit2go agree to submit to the exclusive jurisdiction of the courts located within the county of Israel to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Bit2go shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
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