Terms of Use

Bitback Alpha Terms of Use

ALPHA TERMS OF USE 
Last updated: 04/02/2020

Introduction
Welcome to Bitback operated by Bitback Inc. (“Bitback”, “us”, “we”, or “our”)! As you have just clicked to our Alpha Terms of Use, please make a pause, grab a cup of coffee and carefully read the following pages. It will take you approximately 20 minutes.

These Alpha Terms of Use (“Terms”, “Terms of Use”) govern your use of our web pages located at https://www.bitbackapp.com and the Bitback mobile application including modifications, enhancements, improvements, updates, additions, derivative works, documentation and related material (together or individually ”Pre-Release Services”, “Services”) developed by and operated by Bitback. Bitback desires that the Pre-Release Services be tested prior to general release. By downloading the Bitback mobile application through Google Play, you agree to serve as an “Alpha Tester” for such Pre-Release Services. As an Alpha Tester, alpha and other versions of Bitback’s Pre-Release Services will be made available to you for the purpose of providing Bitback with feedback on the quality and usability of the Pre-Release Services. You understand and agree that your participation as an Alpha Tester is voluntary and does not create a legal partnership, agency, or employment relationship between you and Bitback.  

Our Privacy Policy also governs your use of our Pre-Release Services and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here https://www.bitbackapp.com/legal/privacy-policy

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them. 

If you do not agree with (or cannot comply with) Agreements, then you may not use our Pre-Release Services, but please let us know by emailing at info@bitbackapp.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use our Pre-Release Services. 

Thank you for being responsible Alpha Tester of our Pre-Release Services.

2. Communications
By creating an Account on our Pre-Release Services, you agree to subscribe to transactional email messages related to your account activity, newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at info@bitbackapp.com.  

3. Content
Content found on or through the Pre-Release Services are the property of Bitback or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

4.
    Prohibited Uses
You agree that the Pre-Release Services are the sole property of Bitback until they are officially released and includes valuable trade secrets of Bitback. You agree to treat the Pre-Release Services as confidential and will not without the express written authorization of Bitback:
A. Share or transfer any software or other materials you receive from Bitback in connection with being an Alpha Tester of the Pre-Release Service; or
B. Share the username and password in any way or with anyone that was uniquely assigned to you for Basic Authentication Login to access the application; or
C. Demonstrate, copy, sell or market the Pre-Release Services to any third party; or
D. Publish or otherwise disclose information relating to performance or quality of the Pre-Release Services to any third party; or
E. Modify, reuse, disassemble, decompile, reverse engineer or otherwise translate the Pre-Release Services or any portion thereof. 

You may use our Pre-Releases Services only for lawful purposes and in accordance with Terms. You agree not to use our Pre-Release Services: 
A. In any way that violates any applicable national or international law or regulation.
B. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
C. To impersonate or attempt to impersonate Bitback, a Bitback employee, another user, or any other person or entity.
D. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
E. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Pre-Release Services, or which, as determined by us, may harm or offend Bitback or users of Pre-Release Services or expose them to liability. 

Additionally, you agree not to:
A. Use our Pre-Release Services in any manner that could disable, overburden, damage, or impair the Pre-Release Services or interfere with any other party’s use of our Pre-Release Services, including their ability to engage in real time activities through our Pre-Release Services.
B. Use any robot, spider, or other automatic device, process, or means to access the Pre-Release Services for any purpose, including monitoring or copying any of the material on our Pre-Release Services.
C. Use any manual process to monitor or copy any of the material on our Pre-Release Services or for any other unauthorized purpose without our prior written consent.
D. Use any device, software, or routine that interferes with the proper working of the Pre-Release Services.
E. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
F. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Pre-Release Services, the server on which the Pre-Release Services are stored, or any server, computer, or database connected to the Pre-Release Services.
G. Attack the Pre-Release Services via a denial-of-service attack or a distributed denial-of-service attack.
H. Take any action that may damage or falsify Bitback’s rating.
I. Otherwise attempt to interfere with the proper working of the Pre-Release  Services. 

5. Analytics 
We may use third-party Service Providers to monitor and analyze the use of our Pre-Release Services.

Africa’s Talking
Africa's Talking is a mobile solutions firm integrating reliable two-way SMS, voice, and USSD functionality across mobile providers in Africa. Their Privacy Policy can be viewed at https://africastalking.com/privacy 

Amazon Web Services (AWS)
Amazon Web Services (AWS) is the world’s most comprehensive and broadly adopted cloud platform, offering over 175 fully featured services from data centers globally. Their privacy policy can be found here: https://aws.amazon.com/privacy/

Beyonic
Beyonic is a mobile payment gateway that allows Bitback to accept mobile payments for many mobile money networks. Their privacy policy can be found here: https://beyonic.com/privacy-policy/

Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en 

We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.

Mixpanel
Mixpanel is a business analytics service company. It tracks user interactions with web and mobile applications and provides tools for targeted communication with them. Its toolset contains in-app A/B tests and user survey forms. Data collected is used to build custom reports and measure user engagement and retention.For further details, please see the Mixpanel Privacy Statement here: https://mixpanel.com/legal/privacy-policy/

Segment
Segment is a Customer Data Infrastructure (CDI) service provider, that simplifies collecting and using data from users of digital properties (websites, apps, etc). For further details, please see the Segment Privacy Policy here: https://segment.com/legal/privacy/

6.     No Use By Minors
Our Pre-Release Services are intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Bitback’s Pre-Release Services, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Pre-Release Services. 

7.  Accounts
Upon downloading the Bitback app from Google Play, we grant you a non-exclusive, non-transferable license to use the Pre-Release Services solely for Alpha testing and Alpha usage from the date of registration as an Alpha Tester to 15 days after the official release date of the Pre-Release Services, subject to the terms and conditions set forth in the Terms.

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Pre-Release Services. 

You are responsible for maintaining the confidentiality of your account, password and PIN, including but not limited to the restriction of access to your computer, mobile phone and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account, PIN and/or password, whether your password is with our Pre-Release Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. 

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. 

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. 

8.  Intellectual Property
Bitback’s Pre-Release Services and their original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Bitback and its licensors. The Pre-Release Services are protected by copyright, trademark, and other laws of foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Bitback.

9. Quality of Service
Our Pre-Release Services are prerelease code and are not at the level of performance or compatibility of a final, generally available product offering. The Pre-Release Services may not operate correctly and may be substantially modified prior to first commercial shipment, or withdrawn. The Pre-Release Services are provided "AS IS" without warranty of any kind. The entire risk arising out of the use or performance of the Pre-Release Services remains with the user. In no event shall Bitback be liable for any damage whatsoever arising out of the use of or inability to use the Pre-Release Services, even if Bitback has been advised of the possibility of such damages.

10.  Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Pre-Release Services infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity. 

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@bitbackapp.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims” 

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Pre-Release Services on your copyright. 

11.  DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): 
A. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
B. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
C. identification of the URL or other specific location on the Pre-Release Services where the material that you claim is infringing is located;
D. your address, telephone number, and email address;
E. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
F. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. 

You can contact our Copyright Agent via email at info@bitbackapp.com. 

12.  Error Reporting and Feedback
You may provide us directly at info@bitbackapp.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Pre-Release Services (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose. 

13.  Links To Other Web Sites
Our Pre-Release Services may contain links to third party web sites or services that are not owned or controlled by Bitback. 

Bitback has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. 

YOU ACKNOWLEDGE AND AGREE THAT Bitback SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES. 

WE STRONGLY ADVISE YOU TO READ THE TERMS OF USE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT. 

14.  Disclaimer Of Warranty
THESE PRE-RELEASE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK. 

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

15.  Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 

16.  Termination
We may terminate or suspend your account and bar access to the Pre-Release Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. 

If you wish to terminate your account, you may simply discontinue using the Pre-Release Services. 

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 

17.  Governing Law
These Terms shall be governed and construed in accordance with the laws of the Province of Ontario without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Pre-Release Services and supersede and replace any prior agreements we might have had between us regarding the Pre-Release Services. 

18.  Changes To Service
We reserve the right to withdraw or amend our Pre-Release Services, and any service or material we provide via the Pre-Release Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Pre-Release Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Pre-Release Services, or the entirety of our Pre-Release Services, to users, including registered users. 

19.  Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. 

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. 

By continuing to access or use our Pre-Release Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our Pre-Release Services. 

20.  Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision. 

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect. 

21.  Acknowledgement
BY USING OUR PRE-RELEASE SERVICES OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. 

22.  Contact Us
Please send your feedback, comments, requests for technical support:
By email: info@bitbackapp.com.