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Terms of Service

Last updated: Oct 12, 2024

These Terms of Service (“Terms”) govern your access to and use of the digital services and applications (“apps”) provided by Bitzag LLC (“Bitzag,” “we,” “our,” or “us”), including but not limited to Kanbase (https://kanbase.io), minimarks (https://minimarks.io), mininotes (https://mininotes.io), Bitzag ID (https://id.bitz.ag), the Bitzag website (https://bitzag.com), and any browser extensions or plugins provided by Bitzag (collectively, the “Services”). By accessing or using the Services, you agree to comply with and be bound by these Terms, as well as our Privacy Policy, which together form a legally binding agreement between you and Bitzag.

Please read these Terms carefully before using the Services. Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Services.

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

Accounts

To use our Services, you need to create an account. When creating your account, you must provide information that is accurate and complete. Additionally, you agree to maintain and promptly update this information to keep it current at all times. Failure to provide or maintain accurate, complete, and up-to-date information constitutes a breach of these Terms, which may result in the immediate termination of your account.

You are responsible for maintaining the confidentiality of your account password and for any actions performed through your account.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Your Use of the Services

Bitzag’s apps and Services, including minimarks, mininotes, and Kanbase, are protected by United States and international copyright, trade secret, and other applicable intellectual property laws.

You may only use the Services as permitted by law, including all applicable federal, state, local or international laws and regulations. Do not, for example:

Use any engine, software, tool, agent, device, mechanism or the like to access, search, or download intellectual property from the Services, or use the Services in any way other than through our publicly supported interfaces;

Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of Bitzag’ providers;

Probe, scan, or test the vulnerability of any Bitzag system or network or breach any security or authentication measures;

Decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

Plant malware or use the Services to distribute malware;

Violate the privacy of others;

Violate any applicable law or regulation;

Impersonate or misrepresent your affiliation with any person or entity; or post or transmit anything that is fraudulent or misleading;

Send unsolicited communications, promotions, advertisements or spam or otherwise infringe on others' rights;

Interfere with the access of any user, host or network, including introducing any virus to, overloading, flooding, spamming, or mail-bombing Infinity, or introducing any other material or content which is malicious or technologically harmful;

Attack the Services via a denial-of-service attack or a distributed denial-of-service attack; or otherwise attempt to interfere with the proper working of our website or services;

Attempt any of the above, or encourage or enable any other individual to do any of the above.

We have the right to investigate violations of these Terms and may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Excessive Use of the Services

If, at our sole discretion, we determine that you are utilizing the Services excessively or in a manner that could be deemed abusive, we reserve the right to take appropriate actions to rectify this situation. These actions could include issuing a warning, restricting access to the Services, or terminating your account. Note that no refunds will be provided in the event that your account is terminated.

Your Content

Our Services may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Services, including its legality, reliability, and appropriateness. You retain full ownership of your content - what belongs to you stays yours.

You can remove your content by deleting it. However, in certain instances, some of your content may not be completely removed (when your data is shared with someone else, for example). We are not responsible or liable for the removal or deletion of any of your content, or the failure to remove or delete such content.

You are solely responsible for your content and indicate that you own or have the necessary rights to all of your content, and that use of your content does not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Purchases and Payment Terms

To purchase a license, add-on, subscription, or other digital goods through our apps or Services (“Purchase”), you will need to provide certain payment details, including your credit card number, expiration date, and CVV (the security code typically found on the back of your card).

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and (ii) the information you provide is true, accurate, and complete. By submitting such information, you authorize Bitzag to charge your payment method for the agreed-upon fees.

You also grant Bitzag the right to share this payment information with third parties solely for the purpose of processing the transaction.

We reserve the right to refuse or cancel your order at any time, for reasons including but not limited to product or service availability, errors in the description or price of the product or service, errors in your order, or other unforeseen circumstances. Additionally, we may refuse or cancel your order if fraud is suspected, or if we believe the transaction is unauthorized or otherwise illegal.

Subscriptions

Some parts of the Services are billed on a subscription basis ("Subscription"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Bitzag cancels it. You may cancel your Subscription renewal either through the account management page on the Services or by contacting Bitzag customer support team.

A valid payment method, including credit card or debit card, is required to process the payment for your Subscription. You shall provide Bitzag with accurate and complete billing information including valid payment method details. By submitting such payment details, you automatically authorize Bitzag to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Bitzag will send you an email indicating that you must proceed manually, within the provided deadline date, with the full payment corresponding to the billing period as indicated.

Free Trial

Bitzag may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

At any time and without notice, Bitzag reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

Bitzag, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Bitzag will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Services after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

In general, we do not honor refund requests for Subscriptions that have renewed. If you do not wish to continue to be billed for our Service, it is your responsibility to cancel your Subscription prior to the end of your current Billing Cycle. Certain refund requests for Subscriptions may be considered by Bitzag on a case-by-case basis and granted at the sole discretion of Bitzag.

Services Content and Intellectual Property

The Services and its original content, features and functionality are and will remain the exclusive property of Bitzag and its licensors. The Services is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Bitzag.

Availability, Errors and Inaccuracies

We are constantly updating our offerings on the Services. The features and services available on our Services may occasionally show an incorrect price, be described inaccurately, or be unavailable, and we may experience delays in updating information on the Services and in our advertising.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Access to External Resources

Through the use of this Service, you may have access to external resources provided by third parties. You acknowledge and accept that Bitzag has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Our Services may contain links to third-party web sites or services that are not owned or controlled by Bitzag. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, please contact us.

Limitation Of Liability

In no event shall Bitzag, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Services is at your sole risk. The Services is provided on an "AS IS" and "AS AVAILABLE" basis. The Services is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Bitzag its subsidiaries, affiliates, and its licensors do not warrant that a) the Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Services is free of viruses or other harmful components; or d) the results of using the Services will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United States, 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 Service, and supersede and replace any prior agreements we might have between us regarding the Services.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 14 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.

Contact Us

Support and General

If you need help using our Service, or for billing matters, please get in touch using the contact details provided below.

Email address: [email protected]

Terms

If you have any questions about these Terms, please contact us via email or in writing using the contact details provided below.

Email: [email protected]

Mailing address:

Bitzag LLC 6844 Bardstown Rd #504 Louisville, KY 40291