BITCO SOFTWARE TERMS OF SERVICE

These terms of service ("Terms") are a legal agreement between you, either an individual or a single legal entity ("You" or "you"), and the entity identified in Section 1 that operates that Bitco Software, LLC online services for your country of residence (“Bitco Software”). These Terms govern your use of any Bitco Software online services ("Services"), the Bitco Software website (“Site”), the client software distributed with this Agreement and any other software provided by Bitco Software, including any updates and any accompanying documentation ("Software"). Collectively, the Software, the Site and the Services may be referred to as the “Products.” By clicking the “I AGREE” or similar button, or using any Products, you agree to these Terms and the Bitco Software Privacy Policy mentioned in Section 4 below. If you do not agree to these Terms or the Privacy Policy, then do not click the button indicating your acceptance and do not use the Products. If you agree to these Terms on behalf of a legal entity, you represent that you have the authority to bind that legal entity to these Terms.

1. CONTRACTING ENTITY

You are contracting with Bitco Software, LLC, 2900 1st Ave #S102 Seattle, WA 98121, USA.

2. ACCOUNTS & FEES

You must register with Bitco Software to use the Services, and you agree to keep your registration information accurate, complete and up-to-date as long as you continue to use the Services. Bitco Software currently offers a trial account with limited capacity (“Trial Account”) and various fee-bearing accounts offering larger capacities and other feature enhancements (“Paid Accounts”). If you sign-up for a Paid Account, you agree to pay the fixed subscription and variable usage-based fees, if any, for the account type you have selected and agree to any applicable restrictions, including quotas on the amount of storage you are allowed to use.  If you use a credit card for payment, you authorize Bitco Software to automatically renew your subscription and charge the then-current renewal fees to the credit card associated with your account unless you notify Bitco Software before expiration of your current subscription that you do not want to renew.

3. PASSWORDS & SECURITY

You are responsible for keeping your passwords secure, and you agree not to disclose your passwords to any third party. You are solely responsible for any activity that occurs under your user names and accounts, including any sub-accounts. If you lose your passwords or the encryption keys for your accounts, you may not be able to access your data. You must notify Bitco Software immediately of any unauthorized use of your accounts or any other security breach related to the Service. If Bitco Software determines that a security breach has occurred or is likely to occur, Bitco Software may suspend your accounts and require you to change your user names and passwords.

4. PRIVACY POLICY

You agree that Bitco Software’s collection, use and disclosure of your personal information,  data will be governed by Bitco Software’s Privacy Policy, which is incorporated into these Terms by reference.

5. USE OF SERVICES & SOFTWARE

Subject to these Terms, Bitco Software grants you a limited, non-exclusive, non-transferable and revocable license to access the Site and use the Services and Software. You may install and use the Software in executable form only on the number and type of devices that are specified in the then-current documentation for your account type as described on the Site or as specified in other transaction documentation provided by Bitco Software or an authorized reseller. You acknowledge that certain third party code may be provided with the Software and that the license terms accompanying that code will govern its use.
You acknowledge that Bitco Software or third parties own all right, title and interest in and to the Products, including all intellectual property rights. Except for the license granted in these Terms, Bitco Software and its licensors retain all rights in the Products, and no implied licenses are granted to you.
You specifically agree that you will not, nor will you permit another person to:

  • sublicense, lease, rent, loan, transfer or distribute any portion of the Products;
  • modify, adapt, translate or create derivative works from the Products;
  • decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Products; or
  • remove, obscure, or alter any trademark, copyright or other proprietary rights notices displayed in the Software or on the Site.

6. SHARED CONTENT

The Products may enable you to share or synchronize your files between your own devices or with devices owned or controlled by third parties. If you choose to use any such features, you agree that your use of these features, including any content submitted by you, shall be at your sole risk and responsibility. You also agree that you have obtained all necessary rights and licensees to any such content. You hereby grant Bitco Software a worldwide, royalty-free, nonexclusive license to use any such content as part of the Services, and in relation to the Products, without any compensation to you or others. Bitco Software reserves the right to refuse to post or remove any such content at any time in its sole discretion without notice or liability.

7. COMPLIANCE WITH LAWS & ACCEPTABLE USE

You are solely responsible for your conduct related to the Service and any data you store or share on the Service. You specifically agree that you will not use the Products to:

  • violate any laws or regulations;
  • infringe the intellectual property or other rights of third parties;
  • transmit any material that is obscene or objectionable or that contains viruses or other harmful computer code or files such as Trojan horses, worms or time bombs.

8. INTELLECTUAL PROPERTY PROTECTION

Bitco Software respects the intellectual property of others and requires that users of the Service do the same. When you use the Products, you may not upload, store, share, display, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. If you commit repeated violations, Bitco Software may terminate your accounts.

9. USER INDEMNITY

You agree to defend, indemnify, and hold Bitco Software, its suppliers, resellers, partners and their respective affiliates harmless from and against any claims, liabilities, damages, losses and expenses, including reasonable attorney fees and costs, in connection with:

  • your use of the Products;
  • your violation of these Terms;
  • your violation of any third party right, including any intellectual property right; or
  • any claim that use of your data caused damage to a third party.

This indemnity obligation will survive the termination or expiration of your account and these Terms.

10. CHANGES TO THE SERVICE & TERMS

Bitco Software reserves the right at any time to modify, suspend, or discontinue providing the Service, in whole or in part, without notice. While not obligated to do so, Bitco Software will use commercially reasonable efforts to notify you of any such action by sending you an e-mail, an in-client message or by posting relevant information on the Site.

Bitco Software reserves the right to modify these Terms at any time, and each such modification will be effective upon posting on the Site. All material modifications will apply prospectively only. Your continued use of any Products following any such modification constitutes your agreement to be bound by the modified Terms. To stay informed of any changes, please review the most current version of these Terms posted on the Site. If you do not agree to be bound by these Terms, you must stop using the Products immediately.

11. TERM & TERMINATION

These Terms, and any posted revisions, remain in effect as long as you continue to maintain an account or use the Services. You may terminate your account at any time, for any reason, by following the instructions on the Site and discontinuing use of the Products.
If you have a Trial Account, Bitco Software may terminate your account and these Terms immediately and without notice if your computer fails to access the Services for more than thirty (30) days after the trial period ends or you fail to comply with these Terms. If you have a Paid Account, Bitco Software may terminate your account and these Terms immediately and without notice if you fail to renew your subscription, fail to pay any fees or invoices when due or otherwise fail to comply with these Terms.
On termination or expiration of your account or these Terms, you will no longer have the right to continue to use the Software and the Services, and you will no longer be able to access your data. Also, you specifically agree that Bitco Software has no obligation to provide you or anyone else with a copy of your data and may automatically purge your data from Bitco Software systems.

A. DISCLAIMER OF WARRANTIES

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE STATEMENTS BELOW MAY NOT APPLY TO YOU. YOU AGREE THAT YOUR USE OF THE PRODUCTS IS AT YOUR SOLE RISK, AND THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BITCO SOFTWARE, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, BITCO SOFTWARE, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES MAKE NO WARRANTY THAT (A) THE PRODUCTS WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE PRODUCTS WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE PRODUCTS WILL BE ACCURATE OR RELIABLE; AND (D) ANY DEFECTS OR ERRORS IN THE PRODUCTS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE PRODUCTS ARE NOT INTENDED OR SUITABLE FOR USE IN APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

B. LIMITATION OF LIABILITY

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE STATEMENTS BELOW MAY NOT APPLY TO YOU. YOU AGREE THAT BITCO SOFTWARE, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF THE PARTY YOU ARE SEEKING DAMAGES AGAINST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR INABILITY TO USE THE PRODUCTS OR IN ANY WAY RELATING TO THE PRODUCTS. IF YOU HAVE A PAID ACCOUNT, YOU AGREE THAT THE AGGREGATE LIABILITY OF BITCO SOFTWARE, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE PRODUCTS IS LIMITED TO THE AMOUNT PAID FOR THAT ACCOUNT DURING THE TWO (2) YEAR PERIOD BEFORE THE RELEVANT CLAIM OR TWO-HUNDRED US DOLLARS ($120), WHICHEVER IS LOWER. IF YOU HAVE A TRIAL ACCOUNT, YOU AGREE THAT THE AGGREGATE LIABILITY OF BITCO SOFTWARE, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE PRODUCTS IS LIMITED TO TWENTY US DOLLARS ($10). YOU SPECIFICALLY AGREE THAT THIS DAMAGES LIMITATION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BITCO SOFTWARE.

C. GENERAL

These Terms and the relationship between you and Bitco Software will be governed by the laws of the State of Washington, excluding its conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Mountlake Terrace, Washington to resolve any dispute or claim arising from these Terms. As to intellectual property rights, you specifically agree that Bitco Software may file an action in any jurisdiction to protect or enforce its rights. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You may not assign or transfer any of your rights or obligations under these Terms to a third party without the prior written consent of Bitco Software. Bitco Software may freely assign this Agreement.

D. CONTACTING BITCO SOFTWARE

Users with questions about these Terms may contact Bitco Software via e-mail at: support@bitcosoftware.com.


Bitco Software, LLC Privacy Policy

This Privacy Policy explains the practices and policies of Bitco Software, LLC ("Bitco Software") regarding the collection and protection of Personal Data supplied by users or collected by us from users of Bitco Software websites, including ePergo.com, DocumentMyDatabase.com, BitcoSoftware.com and any other Bitco Software services (the "Service").

Bitco Software defines "Personal Data" as any data from which it is practical to directly determine the identity of an individual. Any capitalized terms not defined in this Privacy Policy have the meanings given in the Service's License and Service Agreement (the "User Agreement"). This Privacy Policy may be updated by Bitco Software from time to time. Bitco Software will provide notice of materially significant changes to the Privacy Policy by posting notice on its websites.

By registering to use the Service, you agree (1) to comply with the terms and conditions of this Privacy Policy and (2) Bitco Software may process (i.e., collect, use, etc.) your Personal Data as described in this Privacy Policy or the User Agreement. Personal Data may be processed by Bitco Software in the country where it was collected as well as other countries (including the United States) where laws regarding processing of Personal Data may be less stringent.

How Bitco Software Uses Information

Personal Data

We will not sell or market the email addresses or other collected personal information of registered Users to third parties.

We will not view the data that you store using the Service.

We may view your file system information (file extensions, sizes etc. but not your file contents) to provide technical support.

You acknowledge and agree that Bitco Software may occasionally send you administrative communications regarding your account or the Service via email.

Cookies and Passive Data Collection

Bitco Software uses cookie, IP address, and URL information to improve and further develop the Service, and to provide enhanced or geographically differentiated features and service levels to Users, where available. Bitco Software uses cookies to save User screen names, session validators, and on Users' browsers and hard drives, and may use them to provide tailored products and services to those Users, as they become available.
IP Addresses also help us diagnose network congestion, problems with our servers and otherwise assist in the administration and delivery of the Service to our Users.

User Information Bitco Software Collects

Personal Data

Once you register with Bitco Software and sign in to the Service, you are not anonymous to Bitco Software.

When registering with Bitco Software, you provide Personal Data, which may include company name, industry, number of employees, phone number, your title, city, state, country, zip code, a user name, confirmed email address, and a password. When send data with the Service, you send us that data and you also are sending file system information, including names of files and directories. Bitco Software may also record your IP address when you submit information.

Bitco Software also may collect, at your option, certain preference and demographic information from you.

All information collected by Bitco Software is used for internal purposes of providing the Service, providing support to users, and to improve services. Aggregating non-identifying information supplied by users allows Bitco Software to understand its user base and to improve services.
To protect your account information, please keep your password secure.

All Users may opt to remove their Personal Data from our live database by contacting Bitco Software and canceling their Bitco Software user account.
Bitco Software does not intentionally gather Personal Data about visitors who are under the age of 13.

Cookies and Passive Data Collection

Bitco Software automatically receives and records information on our server logs from your browser, including your IP address, cookie information, and the page you request.

Users should be aware that other websites visited before entering the Bitco Software websites might place Personal Data within a User's URL during a visit to their website, and Bitco Software has no control over such websites. Accordingly, some of this information may be logged by Bitco Software.

Links to Third Party Sites

Bitco Software websites may contain links to other sites that are not under our control. These websites have their own policies regarding privacy. You should review those policies before visiting the websites. We have no responsibility for linked websites, and we provide these links solely for the convenience and information of our visitors.

Disclosures

Bitco Software Service Providers

Bitco Software does not disclose Personal Data to third parties, except to process credit card information for orders. However, at a future time, Bitco Software may need to provide users' Personal Data to other third parties to deliver specific services to the user (such as hosting services or support services). These third parties will be required to adhere to Safe Harbor Privacy Principles or at a minimum Bitco Software will require the third party to certify they follow privacy protection equal to Bitco Software’s.

Legal Requirements

Bitco Software does not disclose Personal Data, including the data you store with the Service, unless disclosure is necessary to comply with an enforceable government request such as a warrant.

Change of Ownership

In the event of a change in ownership, or a direct merger or acquisition with another entity, we reserve the right to transfer all of Bitco Software User information, including Personal Data, to a separate entity. We will use commercially reasonable efforts to notify you (by posting on our website or an email to the email address you provide when you register) of any change in ownership, merger or acquisition of Bitco Software’s assets by a third party, and you may choose to modify any of your registration information at that time.

Security

Bitco Software uses industry standard security measures to protect against the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the information collected by Bitco Software in a secure operating environment that is not available to the public, Bitco Software cannot guarantee complete security. Further, while we take reasonable steps to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "crackers" from obtaining this information.

Updating or Removing User Information

You may, at any time, choose to correct or update the information you have submitted to Bitco Softeware by updating your account on our website.
If you cancel your account, your Personal Data and other information may be retained in our archive or backup records.

Privacy Complaints

If you have a dispute or complaint about privacy on a Bitco Software website, we kindly ask that you attempt first to resolve the issue directly with Bitco Software by emailing support@bitcosoftware.com.  

Contacting Bitco Software

Users with questions about this Privacy Policy and any of the aforementioned statements may contact Bitco Software the following ways:

E-Mail
support@bitcosoftware.com

Postal
Attn: Privacy Policy
Bitco Software, LLC
2900 1st Ave #S102
Seattle, WA 98121

Revisions to this Policy

Bitco Software reserves the right in our sole discretion to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification of this policy will be posted on Bitco Software websites, and a User's continued use of the Service will signify agreement to such changes.

Registration or Use of The Service Signifies your Agreement to The Privacy Policy

 

The Bitco Software Privacy Commitment

Our job is to help you protect your personal information. In order to do that, we operate our business on the following principles:

  • Your information is your information, not our information.
  • We never sell your information to anyone, nor do we sell information about you.
  • We never share your information with anyone unless you explicitly tell us to.
  • We never sift through your information in order to create a profile of you or target advertising.
  • You can always get your information back. We have no rights to your information if you leave the service.

Taking Security Seriously

At Bitco Software, we recognize that security requires an appreciation and understanding of how people, process, technology, and organizational design all interact among themselves to create that complex mix of elements and issues that security really is. We protect the interests of our customers and business by creating and operating a holistic program focused on the confidentiality, availability, and integrity of company and customer systems and data.

Copyright Policy

Bitco Software respects the intellectual property rights of others and expects users of the service to do the same. We will respond to proper claims of copyright infringement involving Bitco Software by complying with applicable laws. If you wish to make an allegation of copyright infringement by a Bitco Software user, please send a written notification to:

Attn: Copyright Policy
Bitco Software, LLC
2900 1st Ave #S102
Seattle, WA 98121
Phone: (425) 367-4016

Please Note: This contact information is only for notifications of alleged copyright infringements and counter-notifications based on such claims.

Notifications and counter-notifications must be in writing

If our Designated Agent receives proper notification of a copyright infringement claim, we will respond promptly to remove or disable access to the material that is claimed to be infringing, or the subject of infringing activity. We reserve the right to do so in our sole discretion without prior notice. We will provide a copy of the notification to our customer. We will also comply with applicable law in the event that our Designated Agent receives a proper counter-notification. We have adopted, and implemented, a policy that provides for the termination in appropriate circumstances of subscribers account holders or other users of our system or network who are repeat infringers. It is also our policy to accommodate and not interfere with standard technical measures that are used by copyright owners to identify or protect copyrighted works.
Your notification must be proper and complete under applicable law. If the United States Copyright Act is the applicable law, these are the elements of a proper notification:
(1) The electronic or physical signature of the owner of the exclusive right that is allegedly infringed, or the electronic or physical signature of someone authorized to act on the owner’s behalf; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material, claimed to be infringing or to be the subject of infringing activity, for which disabling of access or removal is sought, and information reasonably sufficient to permit us to locate the material; (4) If the infringement claimed is by reason of intermediate and temporary storage, or caching, of material, include also a statement confirming that the infringing material has been removed from the originating site or access to it has been disabled or that a court has ordered that the material be so removed or that access to such material be disabled; (5) If the infringement claimed is by reason of referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, then, instead of the identification under paragraphs (3) or (4), provide identification of the reference or link, to the claimed material or activity, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link; (6) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (7) A statement that you has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and, (8) A statement that the information in the notification is accurate, and under penalty of perjury, that you is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Payment and Refund Policy

  1. Bitco Software, LLC’s only accepted method of payment is with a credit card.
  2. Accounts will not be activated or reactivated without prior payment.
  3. All fees and renewal fees are due on or before the due date of the renewing account.
  4. Incomplete, incorrect or questionable signup information can result in an account NOT being activated.
  5. Any losses or expenses experienced by the Customer, due to actions taken by Bitco Software, LLC in response to Customer non-payment, are not the responsibility of Bitco Software, LLC.
  6. By purchasing Bitco Software, LLC services, you are agreeing to allow Bitco Software, LLC to place your account on a recurring payment plan. The account will automatically be re-billed according to the terms of the plan you select.
  7. You grant Bitco Software, LLC permission to charge your credit card for any and all services you request and any renewals thereof.
  8. If Bitco Software, LLC is unable to process a payment for your plan by its due date, Bitco Software, LLC may immediately, and without notice, suspend your account by disabling service features in whole or in part. Any such suspension will continue until payment is successfully processed. Furthermore, in the event your account has been placed in suspended status for non-payment, Bitco Software, LLC may permanently disable service features and terminate your account on written notice of thirty (30) days. For clarification, Bitco Software, LLC may issue such notice by sending an e-mail message to the registered e-mail address associated with your account.
  9. Other than for your failure to comply with the applicable Bitco Software Terms of Service, Bitco Software, LLC will use commercially reasonable efforts to make your Data available for you to download for a period of three (3) days after account termination. Bitco Software, LLC has no obligation to provide you with a copy of your Data and may remove and discard any backup data.
  10. If an account has been suspended for non-payment, it will only be reactivated upon payment of all overdue fees.
  11. It is a violation of this Agreement for you to misuse or fraudulently use credit and debit cards. A determination of such misuse or fraudulent use shall be at the sole discretion of Bitco Software, LLC. Further, Bitco Software, LLC may report all such misuses and fraudulent uses (as determined by Bitco Software, LLC in its sole discretion) to appropriate government authorities, credit reporting services, financial institutions and credit card companies.
  12. Because Bitco Software, LLC offers Trial accounts for free, which can be sampled before purchasing a paid plan, fees paid for monthly plans are non-refundable.
  13. Refunds on multi-period plans (i.e. annual and biennial plans) may be granted on a prorated basis for the unused portion of the period purchased, in whole month increments, and not including the current month.
  14. If you do not wish to continue services with Bitco Software LLC, or do not wish to renew your account, it is your responsibility to cancel your account prior to your renewal date to avoid further charges
  15. You are free to cancel your account at any time. Similarly, Bitco Software, LLC reserves the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement or the EULA.
  16. You have ninety (90) days to dispute any charge or payment processed by Bitco Software, LLC. If you have a question concerning a charge you believe is incorrect, please contact us by opening a support case at http://www.bitcosoftware.com.
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