Crypto Bit Squad Terms of Service (TOS)
Effective Date: March 5, 2018
1.) Agreement Overview
These Terms of Service (“TOS”) set forth the terms by which you or your agent (the “User”) may access and use the BitTaxer website(s) (the “Site” or “Sites”) and related service (the “Service” or “Services”), software related to the Services, including applications, underlying scripts or instructions (the “Software”), documents created while using the Sites or Software and used in providing the Services, and other products owned and operated by Crypto Bit Squad, Inc. (the “Company”).
You agree that the Company can collect, maintain, and use User information as needed by the Company to perform its Services and as detailed in the Privacy Statement. Please review the Privacy statement and print a copy for your records.
The Company’s use of your information (“User Information”) is for the sole purpose of providing the Services detailed in this TOS and is on the User’s behalf. The User retains all rights and title to such information. The User has the right to and can access such data at any time while currently the User as detailed herein.
User Information will not be shared with third parties unless required to do so by applicable law or by specific legal and/or governmental authority. The Company will give the User prompt notice of any demand or requirement to disclose User Information by a governmental agency and/or a governmental official.
The Company will take all reasonable measures to ensure that the security of User Information is not breached or otherwise improperly divulged to a third party.
The use of the Sites, Services, Software, or any combination thereof is strictly provided by license from the Company to the User. If, as detailed further herein, the Company or User terminates this TOS, any license associated with the TOS will terminate. Until termination, the Company grants to the User a personal, limited, and non-exclusive license to use the Sites and Software. The license is not transferable or assignable.
Nothing in this TOS shall be construed as a grant of ownership in the Sites or Software in their entirety or in part from the Company to the User. The Company retains all ownership rights in the Sites and Software.
Any and all user-generated content that is created as a result of the User using the Sites, Services, or Software will be owned by the Company and licensed to the User. Any rights related to documents created by the Company from user-generated content shall remain with the Company and shall not be construed as a grant of the rights in such documents from the Company to the User. By purchasing documents related to the Sites, Services, or Software form the Company, the User obtains a license from the Company to the User to use and make copies of the documents. Purchasing such documents does not grant the User the right to create unauthorized copies, to modify the documents, or to create derivatives of the copies, without prior written permission from the Company. The terms of this TOS shall define the terms of the license granted by the Company to the User.
3.) Reverse Engineering
The license terms detailed herein from the Company to the User do not include the right to reverse engineer the Sites or Software. The User may not reverse engineer, decompile, or disassemble the Sites or Software, except as where expressly permitted by law.
4.) The Services
The Company provides financial services related to virtual currency bought, sold, sent, received or owned by individuals and/or business, including advising the User on capital gains or losses of such currency. The Services will include collecting and using User Information related to any transactions of virtual currency to assist the User in accounting for any gains or losses related to the/those transaction(s).
Neither the Company nor the services offered are intended to be legal, tax, investment, or financial advice, or brokering services. The Company is not a financial planner or broker, investment adviser, tax advisor, accounting or law firm. The services are only intended to provide the User with assistance in preparing and filing documents related to the User’s virtual currency transactions. The User is responsible for reviewing User Information that the User provides to the Company for the Company’s use in generating documents for the User. The Company recommends consulting with a financial or legal professional if the User has any questions or concerns regarding the User’s personal financial situation.
The Company offers its virtual currency financial services through the Sites and Software provided at BitTaxer.com or on mobile application purchased from stores such as Google Play or the Apple iTunes store.
To use the Services, the User must sign up and create a username and password as well as other User related identifiers (the “User Account” or “User Account Information”), which will remain active while the User maintains the account, notwithstanding the Company’s right to terminate the account. The Company may from time-to-time verify the User’s identity through certain authentication means. The User agrees to any inquiries of the Company to the User to authorize the User’s identity. Failure to provide such information may be deemed a violation of this TOS and may be grounds for termination of the User Account or preclude a User from creating a User Account.
The Company may terminate its legal agreement with the User and terminate the User’s access to the Services if, among other things, the User has breached any provision of this TOS, if any law requires such termination, or for any reason at the Company’s sole discretion.
Following termination of this agreement by the Company with User, the Company may deactivate the User Account and delete all User Information and files in the account. The Company and its affiliates are not liable to User for any damages related to the termination of the User Account.
The User is responsible for keeping all User Account Information confidential. If the User believes its User Account Information is no longer secure, it is the sole responsibility of the User to contact and inform the Company of such a breach and to request for remedial measures to be taken. The Company is not responsible for User’s failure to keep its User Account information secure.
The User may stop using the Services and cancel its User Account at any time.
The User’s right to access and use the Sites, Services, Software, or any combination thereof is personal to the User and is not transferable by the User to any other person or entity.
The User must provide complete, accurate, and up-to-date User Information to the Company. If at any time User Information has changed, it is the responsibility of the User to notify the Company of such changes. Failure to do so may affect the effectiveness and accuracy of the Services. The User represents that User has the right to provide the User Information provided to the Company.
User access and use of the Sites, Services, Software, or any combination thereof may be interrupted for a number of reasons, including, among others, User error, User equipment malfunction, updating of the Sites or Software, maintenance and/or repair of the Sites, Services, or Software, or for other reasons. The Company will not be liable for any loss or damages that are as a result of such interruptions in the Sites, Services, or Software. The Company will use commercially reasonable efforts to ensure such interruptions do not cause loss or damage to the User.
The following is a non-exhaustive list of actions forbidden by the User:
- Tamper with the Sites or Software;
- Illegally copy or acquire a copy of the Sites Software;
- Test the vulnerability of the Sites or Software;
- Circumvent any security measures provided by the Sites or Software;
- Use a non-public area of the Sites or Software;
- Provide knowingly false information to the Company;
- Violate the law with your use of the Sites, Services, or Software; and
- Violate the privacy or infringe the rights of others in the use of the Sites, Services, or Software.
If the User violates this TOS, the Company retains the right to cancel the User Account and cease from providing its Services to the User. The Company retains all legal remedies necessary to correct any improper use of its services by the User.
If the User has any questions or concerns regarding this TOS, the Sites, Services, or Software, please contact customer support:
Phone: 1 (800) 516-3503
6.) User Statements
The User may request account Statements at any time while maintaining the User Account. If the User no longer has a User Account and would like to obtain past statements, please file a request with the Company via email.
The Company may email User regarding User’s account or the Services, including to inform you of information related to the Services and to inform you of other Services offered by the Company through Marketing communications. The User may choose to opt out of receiving Marketing communications from the Company by replying to the email with “Unsubscribe” in Subject and/or Body.
The Company, at User’s request, will provide automatic alerts and voluntary account-related alerts. Automatic alerts will be sent to User following certain changes to User’s account or User Information, or for other requests. User authorizes these communications for the term of active registered use on BitTaxer.com. It is User’s responsibility to ensure that any contact information provided to the Company by User is correct. The Company is not responsible for communications that are not received by User due to User’s error in providing contact information.
From time-to-time, the Company may experience technical delays in its communications provided to the User. In such circumstances, the Company will use commercially reasonable efforts to cure any delays and provide timely communications. The Company is not responsible for actions taken or not taken due to interrupted communications from the Company to the User.
If any contact information provided to the Company by the User changes while maintaining a User Account, it is the sole responsibility of the User to inform the Company of such changes. The Company is not responsible for communications that are not received by the User because of the User’s failure to update the User Account Information or User contact information.
If the User requests any information via email or another form of communication, including statements, personal information, or the like, from the Company, it is the User’s responsibility the ensure that such information is securely maintained. The Company is not responsible for any vulnerabilities to User’s emails, text messages, or other forms of communication.
8.) Third Parties
The Company will not provide User Information to third parties or third-party service providers other than in conjunction with the Services offered by the Company and security of the Sites and Software. Such third-party service providers may assist with User authentication, User Information storage and maintenance, or analysis of use of the Sites, Services, or Software by the User. For detailed information about privacy and User Information protection, please review our Privacy Statement.
The Company is affiliated with Certified Public Accountants (CPAs) and will provide information to the User for contacting CPAs, at the User’s request. The Company does not provide User Information to its affiliated CPAs or other similar third parties.
9.) Intellectual Property and Other Rights
The Company is the owner of all content presented on the Sites or Software, including all trademarks and copyrights, such as, but not limited to, BitTaxer, other source identifying terms, symbols, sounds, or the like, as well as additional Site and Software content and user interfaces. The content found on the Sites and Software are owned by the Company. The Company grants to User the right to use its Sites and Software as detailed in the license of this TOS. Any use of the Sites or Software, other than the use of User Information, is by the license granted from the Company to the User, and in no way should be construed as a transfer of ownership.
10.) Disclaimer of Representation of Warranties
ALL SERVICES PROVIDED BY THE COMPANY AND ITS AFFILIATES TO THE USER ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SITES, SERVICES, OR SOFTWARE. THE COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT PROVIDED ON THE SITES OR SOFTWARE OR PROVIDED THROUGH THE SERVICES. THE COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SITES OR SOFTWARE PROVIDED BY THE COMPANY, INCLUDING BUT NOT LIMITED TO, ANY VIRUSES OR CONTAMINATED CODE THAT MAY HARM USER’S PERSONAL PROPERTY OR THE PROPERTY OF OTHERS AS A RESULT OF THE SITES OR SOFTWARE. THE USER USES THE SITES, SERVICES, SOFTWARE, OR COMBINATION THEREOF AT USER’S OWN RISK. THIS EXCLUSION OF WARRANTIES DOES NOT APPLY TO ANY JURISDICTIONS THAT DO NOT ALLOW FOR THE EXCLUSION OF SUCH WARRANTIES. ALL DISCLAIMERS HEREIN ARE PROVIDED ONLY AS ALLOWED BY LAW.
11.) Limitation of Liability
THE FOLLOWING LIABILITY EXCLUSIONS FOR THE COMPANY AND ITS AFFILIATES APPLY: INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF USER DATA; LOSS OF PROFITS OR BUSINESS; BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY; ANY USER CONDUCT OUTSIDE OF THE SCOPE OF THE THESE TERMS OF SERVICE. THESE LIMITATIONS APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OF SUCH DAMAGES AND POSSIBLE LIABILITY. THE COMPANY’S LIABILITY TO THE USER FOR ANY CAUSE OF ACTION WILL BE LIMITED TO THE FEES PAID TO THE COMPANY IN USE OF THE SERVICES.
The User shall defend, indemnify and hold harmless the Company and its officers, directors, shareholders, and employees, as well as its affiliates, from any claims, lawsuits, or other proceedings, that are as a result of actions of the User that are a breach of this TOS.
13.) Governing Law and Disputes
Maryland state law governs this TOS without regard to its conflicts of laws provisions. Any disputes or claims relating to the Services or this TOS will be resolved by binding arbitration in accordance with the Federal Arbitration Act. However, the User may assert claims in small claims court and may seek injunctions or other forms of equitable relief when necessary. Any dispute must be brought by the User in the User’s individual capacity and not in a class action lawsuit or similar class or representative proceeding. By using the Services detailed herein, the Company and the User agree to waive any right to a lawsuit and/or trial by jury.
14.) Actions by the Company
The Company may choose to not enforce any of the provisions of this TOS without waiver of its right to enforce any provision at a later date. Except where inapplicable by law, the Company and the User hereby waive any provision of law that would hold any provisions of this TOS unenforceable. If any of the provisions herein are found to be unenforceable, such provision shall be severed from this TOS. The remaining provisions will remain in full force and effect.
15.) TOS Modifications
The Company may revise or discontinue this TOS from time-to-time to better reflect policy changes, changes in law, regulatory requirements, or other relevant needed changes. The Company will notify the User of any changes in the TOS. Following such notice, continued use of the Services effectuates the User’s agreement to the updated TOS, unless the User notifies the Company of non-agreement within 30 days of the updated TOS. If the User does not agree to the updated Statement and informs the Company of its non-agreement within 30 days, the Company will refund any fees paid to the Company by the User that were made during the period of the updated Statement or to any ongoing fees associated with continuing the Services from the date of the updated Statement to cancelation of the services.
16.) Entirety of Terms
This TOS constitutes the entire agreement between the Company and its affiliates and the User and supersedes and replaces any other agreements between the Company and its affiliates and the User.