This User Agreement (“Agreement”) is a contract between you and REAL TIME SARL (“Company”) and applies to your use of Bitkap products and services and any other Bitkap features, technologies, and/or functionalities offered by Company on our website, in the Bitkap  App or through any other means (the “ Bitkap Services”). You will receive periodic email notifications from Bitkap  as bulletin for important information. The Bitkap Services are provided to you subject to this Agreement as well as our Privacy Policy (“Privacy Policy”).

1. THIRD PARTY AGREEMENTS

You acknowledge and agree that this Agreement is between you and Company, not with any third party (including, but not limited to, Apple, Google, or any mobile carrier), and that Company is solely responsible for the Bitkap Services.

Your use of the  Bitkap Services may be subject to separate agreements you may enter into with your mobile device operating system provider (e.g., Apple, Google or Microsoft), your mobile device manufacturer (e.g., Apple, Samsung), your mobile service carrier (e.g., MTN, ORANGE, NEXTEL), and other parties involved in providing your mobile device service.

Third party operating system providers such as Apple, Infinix and Microsoft, your phone or other mobile device manufacturer, your wireless carrier or other network provider, any other product or service provider related to your mobile device service are collectively referred to as “Covered Third Parties.” You agree to comply with all applicable third party terms of agreement when using the Bitkap Services. Company is not a party to those agreements and has no responsibility for the products and services provided by third parties.

2. Eligibility and Account Registration
   To be eligible to use the Bitkap Services, you must create an account with your email. As further detailed in our Privacy Policy, in order to register, create and use an account, Company may require that you submit certain Personal Information (as defined in the Privacy Policy). You agree that the Personal Information you provide to Company upon registration and at all other times will be true, accurate, current and complete, and you agree to maintain and update this Personal Information with us as necessary.

 

3. Accounts
   We offer one type of account, which is the personal account but can be used by businesses. You may have multiple personal account. Personal accounts are for use in person-to-person transfers with friends and family, and other people whom you know. Personal accounts may also be used to make Authorized Merchant Payments as described in this Agreement. Some features of personal accounts may be limited based on how you wish to use the Bitkap Services, how much you need to send or spend and what we know about you. We may require that you provide more information in order to complete a transaction.

 

4. Identity Authentication
   You hereby authorize Company, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information.

 

5. Transaction History

You have the right to receive an account history. You may view your account activity or history by logging into your Bitkap App.

 

6. Sending Money 

 i. Sending Limits

We may, at our discretion, impose limits on the amount of transactions you conduct through the Bitkap Services. These limits may change from time to time in Company’s sole discretion.

ii. Funding Sources
Your Bitkap balance consists of the funds you have in your Bitkap account that are available for new transactions and are not subject to pending transactions. When you make a payment through the Bitkap Services, we first see if your Bitkap  balance can cover the transaction. You may also be able to fund payments with multiple Mobile Money account  and or Credit/Debit card. We always use your Bitkap balance first if the balance is sufficient to cover your payment. If there is not enough money available in your Bitkap balance to cover the transaction, we will block the transaction from going through and you’ll receive a “failed” notice. If you don’t want to use your balance, you can withdraw it at any time by Cashing Out to any Mobile Money Accounts or Bank Account.

iii. Fees for Sending Money
Bitkap is free to use and you will not be charged a fee by us for any action or transaction you make on Bitkap. However, we reserve the right to charge a fee for our services in the future. If we do, we will notify you and provide a grace period before any fees are implemented.

 

7. Payment Investigation

Payment investigation is a process by which Company reviews certain potentially high-risk transactions. If a payment is subject to payment investigation, Company will place a hold on the payment and may provide notice to the recipient. Company will conduct a review and either clear or cancel the payment. If the payment is cleared, Company will provide notice to the recipient. Otherwise, Company will cancel the payment and the funds will be returned. Company will provide notice to you by email and/or in the account history tab of your Bitkap account if the payment is canceled.

 

8. Risk of Reversals, Chargebacks and Claims

When you receive a payment, you are liable to Company for the full amount of the payment plus any fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment, plus applicable fees if you lose a claim or a chargeback, or if there is a reversal of the payment. You agree to allow Company to recover any amounts due to Company by debiting your balance. If there are insufficient funds in your balance to cover your liability, you agree to reimburse Company through other means. If Company is unable to recover the funds from your primary funding source, Company may attempt to contact you, Company may recover the funds from your alternate funding sources, or may take other legal actions to collect the amount due, to the extent allowed by applicable law.

 

9. Account Balances / Deposit
10. Balances

You do need to maintain a balance in your account in order to make any transaction. If you do hold a balance, Company will hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make your funds available to its creditors in the event of bankruptcy. While your funds are in our custody, Company will combine your funds with the funds of other users and place those pooled accounts in one or more bank accounts in Company’s name. Company is not a bank or other chartered depository institution. Funds held by Company or its service providers (including any bank service providers) in connection with the processing of transactions are not deposit obligations and are not insured for the benefit of the user by the Federal Deposit Insurance Corporation or any other governmental agency. Funds held in balance are an ancillary function of enabling money transmission and not for other benefit.

1. Assignment of Interest to Company
   You agree that you will not receive interest or other earnings on the funds that Company handles and places in pooled accounts. Company does not typically receive interest on funds held for its users. However, in consideration for your use of the service, you irrevocably transfer and assign to Company any ownership right that you may have in any interest that may accrue on funds held in pooled accounts. This assignment applies only to interest earned on your funds, and nothing in this Agreement grants Company any ownership right to the principal of the funds you maintain with Company.

iii. Money Deposit

You agree that all money your deposit will be stored in USD stable coin. This means that your Bitkap account is more or less a virtual USD account and you can withdrawal from your account anytime you wish

1. Security Interest
   To secure your performance of this Agreement, you hereby grant to Company a lien on and security interest in your account and agree to execute any further documentation to perfect these Company rights.

 

10. Transferring Funds out of Bitkap
11. Options
    You may transfer funds to any Mobile Money Account(s) or Banks Account(s) using the standard transfer option. We don’t offer the ability to access funds via ATM or at retail locations.
12. Transfer Limits
    We reserve the right to limit the amount you can transfer out of Bitkap at a given time.

iii. Transaction Reviews
We review account and transaction activity at various times, including when you initiate a transfer of funds out of Bitkap. This review checks for, among other things, suspicious or illegal activity, and whether your account activity and the activity of users with whom you’ve transacted comply with this Agreement. Reviews may result in:

1. delayed, blocked or cancelled transfers; 
   b. funds being held by Bitkap;
   c.  account suspension or termination;
   d.  funds being seized to comply with a court order, warrant or other legal process; and/or
   e. funds you previously received being reversed (i.e., sent back to the sender’s Bitkap balance.

In connection with our review process, you may be required to provide us with additional information and/or documentation to verify your identity. We may limit your account and your access to funds in it until verification is completed.

iv. Fees

Bitkap does not charge a fee for transfers out of Bitkap using the standard transfer option (i.e., transfers to Mobile Money account or Bank Account). We however have the rights to charge fees and may change fees from time to time in our sole discretion.

 

 

 

11. Closing Your Account

 

1. How to Close Your Account As long as there are no pending or in progress transactions, you may close your account at any time. You may close your account by emailing us at info@bitkap.netand requesting that we close your account. It may take up to 30 days for your account closure to be complete.

 

2. Limitations on Closing Your Account.

You may not close your account to evade a payment investigation. If you attempt to close your account while we are conducting an investigation, we may hold your funds for up to 180 days to protect Company or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your account even after the account is closed.

 

12. Payment Hold

Company, in its sole discretion, may place a hold on a payment you receive for a transaction when Company believes there may be a high level of risk associated with the transaction. If Company places a hold on your payment, it will show as “pending” in your Bitkap account. Payment will be completed once investigation is completed.

 

13. Termination

Upon termination of this Agreement for any reason, we have the right to prohibit your access to the Bitkap Services, including without limitation by deactivating your account, and to refuse future access to the Bitkap Services by you.

 

14. Rules and Restrictions for Accounts

The following Rules and Restrictions for personal accounts apply to your use of a personal account under this Agreement.

1. Receiving Money, Company set limits, including limits on receiving and sending money. These limits may change from time to time in Company’s sole discretion.
2. Transaction Fees for Receiving Money. These fees may change from time to time in Company’s sole discretion.
3. Error in Receiving Money In the event of an error, you give Company permission, subject to Company’s compliance with applicable law, to make appropriate corrections by debiting or crediting your Bitkap balance.
4. Account Errors If your account history shows transfers you did not make, please report this by reaching out to us at info@bitkap.net

MOBILE APPLICATIONS 

1. Third Party Operating System Providers, Phone Manufacturers, and Wireless Carriers

The Bitkap mobile application works on an application linked to a particular device and operating system, such as Apple’s iOS operating system. Company is solely responsible for providing maintenance and support services for the Bitkap Services. Covered Third Parties have no obligation to provide maintenance or support services for the Bitkap Services. Covered Third Parties have no warranty obligations whatsoever with respect to the Bitkap Services and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Bitkap Services to conform to any warranty provided by Company, if any, will be Company’s sole responsibility. Company, not any Covered Third Parties, is responsible for addressing any claims relating to the Bitkap Services, including, but not limited to:

1. product liability claims;
2. any claim that the Bitkap Services fail to conform to any applicable legal or regulatory requirement;
3. claims arising under consumer protection or similar legislation; and

(iv)    Intellectual property claims. Please see the Company. If you are using the Bitkap Services on an Android device, you acknowledge and agree that Android, and Android’s subsidiaries, are third party beneficiaries of this Agreement, and that Android will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary. Such rights may also accrue to other handset manufacturers and operating systems which participate in the Services.

2. Services via SMS or Mobile Data

The Bitkap Services allow you to make and receive payments through your mobile phone via SMS or mobile data plan. If you use the Services on your mobile phone, you are responsible for any fees that your phone service provider charges for data services, etc. Your phone service provider is not the provider of the Bitkap Services.

GENERAL TERMS AND CONDITIONS. 
1. Notices to You

You agree that Company may provide notice to you by posting it on our website and internet properties, or by emailing it to the email address listed in your account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered

 

 

 

2. Calls to You

By Providing Company a telephone number (including a wireless/cellular telephone), you consent to receiving autodialed and prerecorded message calls from Company at that number should the need arise. However, we will never call you for promotional purposes.

 

3. Bitkap Websites

The Company’s Bitkap websites may feature third party offers and enable product searches. Company does not warrant that product descriptions, pricing, search results, user ratings and reviews or any other content on Company websites is accurate, complete, reliable or current. This information is provided for informational purposes only and does not constitute an endorsement by Company of any product, service or vendor.

4. Intellectual Property “bitkap.africa”, “Bitkap”, and all related logos, products and services described in our website and mobile applications are either trademarks or registered trademarks of Company or its licensors. You may not copy, imitate or use them without Company’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Company. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by Company through our vendor services, SMS tools, promotional tools or affiliate programs without prior written consent for the purpose of directing web and SMS traffic to the service. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to Company or the Service or display them in any manner that implies Company’s sponsorship or endorsement. All right, title and interest in and to the Bitkap website and any content there on is the exclusive property of Company and its licensors. Certain other product or service names, brand names and company names may be trademarks of their respective owners.

 

5. Taxes

It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Company is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

6. Privacy

Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information. If you receive information about another Bitkap user through the Bitkap Services, you must keep the information confidential and only use it in connection with the service. You may not disclose or distribute a Bitkap user’s information to a third party or use the information for marketing purposes unless you receive the user’s express consent to do so.

7. Loss or Theft of Account Information, PIN, and Mobile Device If you believe that any of your Bitkap account registration information, PIN or mobile device containing the Bitkap App has been lost or stolen, or if your account history shows transfers that you did not make, immediately contact Company via the Contact Us information below or by email to info@bitkap.net
8. Notification Requirements

You should immediately notify Company if you believe:

1. There has been an Unauthorized Transaction, unauthorized access to your account, or the occurrence of an Other Error;
   ii. There is an error in your transaction history or your transaction confirmation sent to you by email;
   iii. Your password has been compromised; 
   iv. You need more information about a transaction listed in your transaction history or transaction confirmation email. For Unauthorized Transactions or Other Errors in your account, notify us as follows:
   v. By emailing us at info@bitkap.net; or
   vi. Telephone Bitkap Service. When you notify us, provide us with all of the following information:
   vii. Your name, and the email address and username registered to your account;
   viii. A description of any suspected Unauthorized Transaction or Other Error and an explanation of why you believe it is incorrect or why you need more information to identify the transaction; and
   ix. The amount of any suspected Unauthorized Transaction or Other Error.

If you notify us orally, we may require that you send us written confirmation within 10 Business Days. During the course of our investigation, we may request additional information from you.

9. Processing Errors

We will rectify any processing error that we discover. If the error results in your receipt of less than the correct amount to which you are entitled, Company will credit your account for the difference. If the error results in your receipt of more than the correct amount to which you are entitled, Company will debit the extra funds from your account. If the error resulted in our not completing a transaction on time or in the correct amount, we will be liable for your losses or damages directly caused by this failure, unless: (a) through no fault of ours, you did not have enough available funds to complete the transaction, (b) our system was not working properly and you knew about the breakdown when you started the transaction, or (c) circumstances beyond our control (such as fire, flood or loss of Internet connection) prevented the transaction, despite our reasonable precautions.

 

 

 

10. Restricted Activities

In connection with your use of our website, your account, or the Bitkap Services, or in the course of your interactions with Company, a user or a third party, you will not:
i. violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
ii. infringe Company’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
iii. Act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

1. provide false, inaccurate or misleading Personal Information;
   v.  Send or receive what we reasonably believe to be potentially fraudulent funds;
   vi. refuse to cooperate in an investigation or provide confirmation of your identity or any Personal Information you provide to us;
   vii.  attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both Company and the recipient of funds, bank, or credit card issuer for the same transaction;
   viii.  Use an anonymizing proxy;
   ix. Control an account that is linked to another account that has engaged in any of these restricted activities;
   x.  Control or possess more than one account without authorization from Company;
   xi. Conduct your business or use the services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to Company, a user, a third party or you;
   xii.  Use the Service to make transactions for the purpose of earning rewards, perks, miles, points, etc. with your credit card, debit card, or bank account;
   xiii.  Disclose or distribute another Bitkap user’s Personal Information to a third party, or use the information for marketing purposes unless you receive the user’s express consent to do so;
   xiv. Send unsolicited email to a user or use the services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
   xv.  Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
   xvi.  Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
   xvii.  Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
   xviii.  Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the services;
   xix.  take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
   xx. Use the Bitkap Service to test credit card behaviors.

 

 

11. Acceptable Use

You agree you will not use the Bitkap Services to violate any law, statute, ordinance, or regulation relating to but not limited to sales of:

1. counterfeit goods; 
   ii. Narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety;
   iii. Drug paraphernalia;
   iv.  Items that encourage, promote, facilitate or instruct others to engage in illegal activity;
   v.  Items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
   vi. Items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
   vii.  Ammunition, firearms, or certain firearm parts or accessories; or
   viii. Certain weapons or knives regulated under applicable law; You further agree that you will not use the Bitkap Services to conduct transactions that:
   ix.  Show the personal information of third parties in violation of applicable law;
   x.  Support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs;
   xi. are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card;
   xii.  are for the sale of certain items before the seller has control or possession of the item;
   xiii.  Are by payment processors to collect payments on behalf of merchants;
   xiv. prescription drugs and devices involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Company and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law; or provide certain credit repair or debt settlement services involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.

 

12. Legal Compliance
    You are solely responsible for ensuring that your use of the Bitkap Services is in conformance with applicable federal, state and local laws and regulations.
13. Your Liability – Actions We May Take

You are solely responsible for ensuring that your use of the Bitkap Services is in conformance with applicable federal, state and local laws and regulations.

1. Your Liability You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Company, a Bitkap user, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Bitkap Services. You agree to reimburse Company, a user, or a third party for any and all such liability. You acknowledge that you are responsible for the accuracy of all payments sent using the Bitkap Services, including but not limited to the accuracy of the amount paid and the recipient. Company shall not be responsible or in any way held liable due to inaccurate payments, including but not limited to sending an incorrect amount of money or sending money to an incorrect recipient.
   ii. Actions by Company If we have reason to believe that you have engaged in any restricted activities, made excessive or unexplainable transactions, violated any parts of this Agreement or provided any incorrect information, we may take various actions to protect Company, another Bitkap user, a third party, or you from reversals, chargebacks, claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
2. We may close, suspend, or limit your access to your account or the Bitkap Services (such as limiting access to any of your funding sources, and your ability to send money, make withdrawals, or remove financial information;
   ii. we may contact users who have sent you money, contact your bank or credit card issuer, and warn other users, law enforcement, or impacted third parties of your actions;
   iii. may update inaccurate information you provided us;
   iv. we may refuse to provide our Bitkap Services to you in the future;
   v. we may take legal action against you.

 

Company, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the Service for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.

14. Account Closure, Termination of Service, or Limited Account Access

If we limit or close your account or terminate your use of our Services for any reason, you may contact us and request restoration of access if appropriate. However, if we deem you violated this Agreement, restoration is at our sole discretion. You may stop using the Bitkap Services at any time or may close your accounts by contacting us. Company, in its sole discretion, reserves the right to terminate the Bitkap Services, to terminate this Agreement, or to terminate your access to the Bitkap Services for any reason and at any time. If we terminate or limit your use of our Bitkap Services for any reason, we will use commercially reasonable efforts to provide you with notice of our actions.

15. Policy Violation – User Fines If Company incurs any damages because you violate our policies, break any laws, or otherwise cause Company to suffer any damages or incur any expenses then we may hold your funds up to 100 days, fine you for each such violation and take legal action against you to recover additional losses, investigation costs, fines, or legal fees we may incur. You acknowledge and agree that a fine of US $3,500.00 for violations of our Agreement is presently a reasonable minimum estimate of Company’s damages, considering all currently existing circumstances, including the relationship of the sum to the range of harm to Company that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult. Company may deduct such fines directly from any existing balance in the offending account, or any other Bitkap account you control.
16. Liability of Company for Failure to Complete Transfers

If Company does not complete a transfer to or from your account, or using your saved payment information, on time or in the correct amount according to this Agreement, Company will be liable for your losses or damages to the extent required by law. Company will not be liable:

1. If, through no fault of Company’s, you do not have enough money in your balance, and Company is unable to charge the transaction to your linked Mobile Money account, for reasons including but not limited to you exceeding any applicable credit limit;
   ii. The funds in your account are subject to legal process or other encumbrance restricting their use;
   iii. If the Bitkap Services were not working properly and you knew about the breakdown when you started the transfer;
2. If the failure results from a failure of a Mobile Carrier that issues the Mobile Money account linked to your account, or Company is unable to access a linked Mobile Money account for any reason other than due to Company’s fault;
   v. If you provided inaccurate or incomplete information regarding the transfer;
   vi. If the transfer appears suspicious, fraudulent, or unauthorized, and Company cannot confirm that it is a legitimate transfer, or if the account of either user involved in the transfer is under investigation by Company or if the transfer is or appears to be prohibited by any applicable law or rules
3. Disclaimers of Warranty; Damages Exclusions
   Unless otherwise prohibited by law, you assume all responsibility for your use of the Bitkap Services and use them at your own risk. To the fullest extent permissible under applicable law, all such representations, warranties, guarantees and conditions are disclaimed, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of intellectual property rights, or other terms which might otherwise be implied by statute, common law or in equity. Company does not warrant that the services will be uninterrupted or error-free, that defects will be corrected, or that the services, or the servers that process information for the services, are free of viruses, bugs or other harmful components. On behalf of Company, Covered Third Parties, and each of our respective affiliates, vendors, agents and suppliers, Company makes the following disclaimers set forth in this section: the Bitkap Services are provided on an “as is”, “as available” and “with all faults” basis, without any representations, warranties, guarantees, or conditions of any kind, express, implied or statutory, including, but not limited to, any warranty as to the use or operation of the services, or the information, content or other materials related to the services, whether provided by Company, any third party, or any of the Covered Third Parties. Neither Company, nor any third party, nor any of the Covered Third Parties warrant nor make any representations regarding the use or the results of the services in terms of correctness, accuracy, timeliness, reliability, or otherwise. You assume the entire cost of all necessary maintenance, repair, or correction to any equipment you use in accessing any of the services, including, but not limited to, your mobile phone or other device. COMPANY IS NOT LIABLE FOR THE CONSEQUENCES OF YOU CHOOSING TO SHARE ANY PAYMENT DETAILS ON SOCIAL MEDIA OR WITHIN THE BITKAP SERVICES, AND YOU AGREE TO HOLD COMPANY HARMLESS AND INDEMNIFY COMPANY FROM ANY LIABILITY arising from the actions or inactions of any external social media network in connection with the permissions you grant to the external social media network. None of Company, any third party (including, without limitation, the Bank or Shift), or the Covered Third Parties, or any of their respective affiliates, vendors, agents or suppliers will be liable for, and you agree not to seek against any of the foregoing, any damages of any kind arising from the use of the services, including, but not limited to, indirect, special, incidental, punitive, exemplary, consequential damages or damages resulting from the use of service, loss of use of the service, lost data, lost profits, or business interruption arising out of or in any way connected with the use of the services, any delays in the services, or the inability to use the services, or any portion thereof, whether based on contract, tort, negligence, strict liability or otherwise, even if all or any of us have been advised of the possibility of such damages and even if any remedy fails of its essential purpose. Company does not have any control over any products or services that are paid for with our services and Company cannot ensure that any party you are dealing with will actually complete the transaction or is authorized to do so. Company will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Company makes no representations or warranties regarding the amount of time needed to complete processing because Company is dependent upon many factors outside of our control, such as delays in the banking system or international mail service among others.
4. Limitations on Liability
   Except as otherwise EXPRESSLY provided in this agreement, and to the extent permissible under applicable law, Company’s cumulative liability to you for any claims or damages arising out of or related to your use of the Bitkap Services shall not exceed the greater of the fee you paid to Company for the use of the Bitkap Services or $1.00 USD. These limitations on liability apply to: anything related to a service or any application or content made available through any such service; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. These limitations on liability also apply even if: repair, replacement or a refund for the service does not fully compensate you for any losses; or Company, any third party (including, without limitation, the Bank or Shift) or a Covered Third Party knew or should have known about the possibility of the damages. These limitations on liability will apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose. Some states or other jurisdictions do not allow the limitation of liability so the foregoing limitations may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
5. License Grant
   Certain of the Services require the use of software and software applications provided to you by Company (collectively “Software”). Company and its licensors grant you a limited, nonexclusive license to use Company’s Software in the United States that we provide to you solely in accordance with this Agreement and any user documentation we may provide, including all updates, upgrades, new versions and replacements of the Software (all of which become part of the “Software”) for your personal use only in accordance with this Agreement. If the Software will be downloaded to a mobile device, this license extends to your use of the Software on a device that you own or control, as long as your use is permitted by the usage rules set forth for your particular device (for example, the Apple App Store Terms of Use). You may not rent, lease or otherwise transfer your rights in the Software to a third party. You must comply with the implementation and use requirements for the Software contained in this Agreement or in any Bikap Services documentation we provide to you. If you do not comply with such implementation and use requirements, you will be liable for all resulting damages suffered by you, Company or any third parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to Company’s software are owned by Company. Your rights to use the Software cease immediately upon termination of this Agreement and you must delete all of your copies of the Software.
6. Indemnification
   You agree to defend, indemnify and hold harmless Company and its parent, affiliates, officers, directors and employees from any claim or demand (including any damages, losses, expenses and attorneys fees resulting therefrom) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Bitkap Services.
7. Assumption of Rights
   If Company makes a payment to you for a claim, reversal or chargeback that you file with us against a recipient of your payment, you agree that Company assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in Company’s discretion.
8. Release of Company
   If you have a dispute with one or more users relating to payment, Company is not responsible for any such dispute and you hereby release Company (and our officers, directors, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
9. Modification of Terms
   We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it unless it contains material changes. If we make changes to our Agreements with you that either reduce your rights or increase your responsibilities, we will provide 21 days notice to you before the changes become effective. By using the Bitkap Services after a new Agreement has been posted, you agree to the revised Agreement.
   24. Survival
   In the event of termination of this Agreement or the Bitkap Services, the terms in this Agreement that by their nature are continuing shall survive such termination, including but not limited to the disclaimers and limitations of liabilities.
10. Force Majeure
    We shall not be liable for any delay or failure in the performance or in delivery or shipment of materials, or for any damages suffered by you by reason of such delay or failures, directly or indirectly caused by or in any manner arising from or connected with acts of God, acts of public enemies, riots, strikes, acts of governmental agencies, labor difficulties, failure of our power, telecommunications or other suppliers, delays in securing or shortages of raw materials, breakdown or destruction of any system or equipment, or any other cause or causes beyond our control, whether or not similar to those enumerated herein.
11. Miscellaneous
    This Agreement and other documents (including but not limited to the Privacy Policy) referenced in or linked to this Agreement, which are hereby incorporated herein and made a part of this Agreement by this reference, contain yours and our entire Agreement regarding your use of the Bitkap Services. If any provision of this Agreement is deemed to be illegal or unenforceable, such provision shall be enforced to the extent possible, and any remaining illegality or unenforceability will not affect the validity or enforceability of any other provisions of this Agreement, which together will be construed as if such illegal or unenforceable provision had not been included in this Agreement. Any legal action arising out of your use of the Bitkap Services must be brought within one year after the cause of action has arisen. The section headings in this Agreement are for convenience of reference only and are not to be considered as parts, provisions or interpretations of this Agreement. You may not transfer or assign any rights or obligations you have under this Agreement without Company’s prior written consent. Company reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches.

If you have questions or concerns regarding this Agreement or your Bitkap account, or any feedback that you would like us to consider, please email us infos@bitkap.net.