Terms and Conditions

Last Updated: 10 October 2023

Terms and Conditions is a legal document between user and Bitgapp Ltd. By installing, copying, downloading, or otherwise using the Software, using services provided by Bitgapp or creating an Account user acknowledges that user has read this T&C, understands it and agrees to be bound by the T&C. This T&C agreement is effective from the date user first uses the Software or services provided by Bitgapp and shall continue until terminated.

T&C does not apply to any open source components that the Software makes use of, referring only to proprietary components developed by Bitgapp.

Definitions

  • Agreement - a contract between the parties incorporating this document, and any amendments to that contract from time to time
  • Content - text, graphics, animations, user and visual interfaces, images, trademarks, logos, music, videos, design, artwork and computer code.
  • Cursr - irrespective of the version nomenclature, the base product name.
  • Software - Cursr software including any content incorporated into the Software and any “online” or electronic documentation collectively.
  • System - Computer (ex. home computer or a workstation) on which Software will be installed.
  • Use - downloading, installation, copying, storing, executing, loading, searching, displaying or otherwise using the Software.
  • User - individual or legal entity using Software, services or site.
  • Account - user profile created/registered for use with Software for means of profile management, authentication and authorization to access services provided by Bitgapp.

Disclaimer

While Bitgapp makes reasonable efforts to ensure that its services and products are available and usable at all times, Bitgapp does not guarantee, represent or warrant that the site, any content, software or service will be error-free and uninterrupted or that any errors will be corrected. The site, its contents and software are deliver on "As Is" and "As Available" basis. Bitgapp does not guarantee that users will be able to access or use all the Bitgapp assistance for the software at all times.

Copyright

Bitgapp and its products and logos are the trademarks of the Bitgapp Ltd. All intellectual property rights in the Software and its associated documents and contents are exclusively owned by Bitgapp, and are protected by applicable Copyright, Trade Secret, Patent and Trademark laws. User will not remove any identification, modify or obscure any proprietary or copyright notice of the Bitgapp from any copy of the Software or documents. In case of misuse of the intellectual property by any user in any manner or form, Bitgapp will, in appropriate circumstances, initiate legal procedures against the user.

Third Party Services and Content

Bitgapp does not guarantee continuation of access to third party content and will be at the discretion of Bitgapp and such third party content providers. Bitgapp makes use of licensed programmatic access to such content from third party providers via Software Development Kit (SDK) and/or Application Program Interface (API). Bitgapp does not allow download, persistent storage or export of unauthorized content. Bitgapp respects the Copyright, Intellectual Property Rights, Ownership of such content by the owners of the content and claims no ownership or warranties thereof.

Governing Law

The Software and its associated documents are exported from the United Kingdom. This T&C is expressly made subject to any Laws, regulations, orders, or other restrictions on the export from the United Kingdom, of the Software or information about such Software, which may be imposed from time to time by the Government of the United Kingdom.

T&C shall be governed, construed and implemented by the laws of the United Kingdom without giving effect to conflict of laws principles. All disputes under T&C shall be subject to the exclusive jurisdiction of the High Court of Justice of England and Wales.

Legal Terms and Restrictions

  • No failure to enforce any term of this T&C shall constitute a waiver of such term.
  • User shall not assign its obligations hereunder in whole or in part without the prior written approval of Bitgapp.
  • If any part of this T&C is for any reason found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this T&C shall not be affected and shall remain in effect.

Limitation of Liability

Bitgapp will not distribute malicious content, such as viruses or destructive features, however in unlikely case of site being hacked Bitgapp cannot guarantee and will not be liable for any changes to site or downloadable content.

Bitgapp is not liable for any acts, omissions and conduct of any third parties in connection with or related to user use of Bitgapp site, software or services.

In no event shall Bitgapp be liable to the user for any loss, damages, claims or costs whatsoever, including any special, consequential, indirect or incidental damages, any lost profits or lost savings, lost data, loss of privacy, any damages resulting from business interruption, personal injury or failure to meet any duty of care, or claims by a third party arising out of the use or inability or inappropriate use of the Software or services, even if Bitgapp has been advised of the possibility of such loss, damages, claims or costs in advance.

Limitation of Use

This website and its contents cannot be used illegally or for any purpose prohibited in these terms of usage:

  • User shall not attempt to illegally access, decode or use any other illegal methods to gain unauthorized access to this website and its contents or services.
  • User shall not trace, reverse lookup, decrypt or decode any other user's information on this website.
  • User shall not violate any of the security mechanisms or authentication methods used by or linked to this website. This includes but is not limited to: probing, scanning or otherwise testing for any network weaknesses of this website or those linked to it, not launch any form of attack against it.

Complete Agreement

This T&C is the complete and exclusive statement of the agreement between Bitgapp and the user with respect to the subject matter, and supersedes and voids any proposal or agreement prior to this T&C, oral or written, and any other communications between the parties.

Termination

Upon termination, the licenses (granted by EULA agreement) and Account will immediately terminate and user agrees to cease all access and use of the Software, Account and services provided by Bitgapp.

Agreement can be terminated:

  • By user at any time upon ceasing all use of and uninstalling/removing all copies of the Software (with all of its contents) and deleting Account.
  • By Bitgapp if user fails to comply with any term of this T&C. In such case termination of agreement may be immediate and without notice. Bitgapp may, at its sole discretion, initiate legal action against user in case of violation of this T&C agreement, which may result in civil and/or criminal penalties for the user.

Revisions to Terms and Conditions

All information provided is subject to change without notice. Bitgapp may, at any time, and at its sole discretion update the Terms and Conditions without any notice to the user. We’ll let user know by revising the 'Last Updated' date at the top of the Terms and Conditions that’s available on our website.

The most current version of the Terms and Conditions shall be applicable.

If the you have any queries with respect to the above terms and conditions, please write to us at [email protected]. Your feedback is important to us.

© Copyright 2024 Bitgapp Ltd. All rights reserved.