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Terms of Service

Acceptance of Terms

By accessing or using the services provided by Bitvora Inc. ("Company," "we," "us," or "our"), including our Bitcoin and Lightning API ("Services"), you ("Client," "you," or "your") agree to comply with and be bound by these Terms of Service ("Terms"). These Terms constitute a binding legal agreement between you and Bitvora Inc. If you do not agree to these Terms, you may not use our Services. Bitvora Inc. reserves the right to modify these Terms at any time, and such modifications will be effective upon posting on our website or by other means of communication. Your continued use of the Services after any such modifications constitutes your acceptance of the revised Terms.

Description of Services

Overview

Bitvora Inc. provides access to a Bitcoin and Lightning API, enabling Clients to facilitate payments and transfers of digital assets. Our Services are designed to offer seamless integration with your existing systems, allowing for efficient and secure transactions. The Services are provided on an "as-is" and "as-available" basis, and we make no representations or warranties regarding their reliability, uptime, or suitability for your specific needs.

Service Availability

While Bitvora Inc. endeavors to ensure that the Services are available 24/7, we do not guarantee uninterrupted or error-free operation. We may, at our discretion, perform scheduled or unscheduled maintenance, updates, or upgrades, which may result in temporary service interruptions. You acknowledge and agree that we are not liable for any damages or losses resulting from such interruptions.

Modifications to Services

Bitvora Inc. reserves the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. This may include adding or removing features, functionality, or content. We are not liable to you or any third party for any modifications, suspensions, or discontinuations of the Services.

Client Responsibilities

Compliance with Laws

As a Client of Bitvora Inc., you are responsible for ensuring that your use of the Services complies with all applicable laws, regulations, and guidelines. You must not use the Services in any way that violates these Terms, any applicable legal requirements, or any third-party rights.

Accurate Information

You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary. Bitvora Inc. is not responsible for any losses or damages resulting from your failure to provide accurate information.

Information and Documentation

We reserve the right to request additional information or documentation from you at any time to verify your identity, the nature of your activities, and your compliance with these Terms. This may include, but is not limited to, government-issued identification, proof of address, and detailed descriptions of your business operations. Failure to provide the requested information or documentation may result in the suspension or termination of your account.

Service Limitations

No Custody of Funds

Bitvora Inc. is not a regulated custodian. Any deposits made to our platform are for the sole purpose of facilitating payments and transfers through our Services. As such, you acknowledge that any funds or assets deposited with us make you an unsecured creditor, and you accept all associated risks. You further acknowledge that the nature of digital assets is such that transactions are irreversible.

Users must not store funds on Bitvora's platform beyond the amount necessary to facilitate immediate transactions. Funds should only remain on the platform for the minimum time required to complete transfers or withdrawals. Limits are placed on all free accounts as per the monthly transaction volume and accounts which accumulate a value in Bitcoin beyond $1000 CAD worth, may be forced to withdraw their account balance. Users on paid plans will be subject to limits based on their business use case.

Prohibited Use of 3rd party or Customer Funds

Bitvora prohibits the use of any 3rd party or customer funds on our platform. As a user of our platform, the funds remitted, received or otherwise used on our platform must be unencumbered and solely under the ownership of the user. Users who provide services that may hold possession of customers’ funds are required to only use their own funds, such as their float balance, on Bitvora. You are responsible for ensuring that all funds used on our platform comply with this policy.

Transaction Limits

Volume Limits: Users may not send or receive more than the amount outlined in their contract or the limits outlined on its website for free accounts, in Bitcoin or its fiat equivalent per transaction.

Transaction Finality

Transactions processed through our Services are final and cannot be reversed or canceled. Bitvora Inc. is not liable for any errors, omissions, or losses resulting from your use of the Services, including but not limited to mistakes in transaction details or unauthorized access to your account.

Pricing and Payment

Pricing Changes

We reserve the right to change our pricing for the Services at any time without prior notice. Any changes to pricing will be communicated to you through our website or other means, and your continued use of the Services after such changes constitutes your acceptance of the new pricing. All fees are non-refundable unless otherwise stated.

Payment Terms

All payments for the Services must be made in accordance with the payment terms specified by Bitvora Inc. You agree to pay all fees and charges associated with your use of the Services in a timely manner. If you fail to make a payment when due, Bitvora Inc. reserves the right to suspend or terminate your access to the Services.

Taxes

You are responsible for all applicable taxes, duties, and other governmental charges, including any value-added tax (VAT), goods and services tax (GST), or similar taxes, that may be imposed on your use of the Services. Bitvora Inc. is not responsible for collecting or remitting any taxes on your behalf.

Intellectual Property

Ownership

All content, trademarks, service marks, trade names, logos, and other intellectual property associated with the Services are the property of Bitvora Inc. or its licensors. You agree not to use, reproduce, modify, or distribute any of the intellectual property without prior written permission from Bitvora Inc.

License to Use

Subject to your compliance with these Terms, Bitvora Inc. grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes. This license does not grant you any rights to the underlying software, source code, or any other intellectual property owned by Bitvora Inc.

Confidentiality

Confidential Information

During the course of your use of the Services, you may have access to confidential information of Bitvora Inc., including but not limited to technical data, business strategies, and customer information. You agree to maintain the confidentiality of all such information and not to disclose it to any third party without the express written consent of Bitvora Inc.

Non-Disclosure

You agree to take all reasonable precautions to protect the confidentiality of Bitvora Inc.'s confidential information and to prevent any unauthorized disclosure or use. This obligation of confidentiality shall survive the termination of your use of the Services.

Data Protection and Privacy

Data Collection and Use

Bitvora Inc. collects and processes personal data in accordance with our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the collection, use, and disclosure of your personal data as described in our Privacy Policy.

Data Security

Bitvora Inc. employs industry-standard security measures to protect your data. However, you acknowledge that no security measures are completely foolproof, and we cannot guarantee the absolute security of your data. You are responsible for maintaining the security of your account credentials and for any actions taken under your account.

Warranties and Disclaimers

No Warranties

The Services are provided "as-is" and "as-available," without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or title. Bitvora Inc. does not warrant that the Services will meet your requirements or that they will be uninterrupted, error-free, or secure.

Limitation of Liability

To the fullest extent permitted by law, Bitvora Inc. shall not be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with your use of the Services, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses, even if Bitvora Inc. has been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold harmless Bitvora Inc., its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your infringement of any third-party rights.

Termination and Suspension

Termination by Bitvora Inc.

We reserve the right to terminate or suspend your account and access to the Services at our sole discretion if we believe that your activities are suspicious, illegal, or in violation of these Terms. This includes, but is not limited to, the freezing of assets or accounts if we suspect that your transactions involve money laundering, terrorist financing, or any other prohibited activities.

Termination by Client

You may terminate your account and use of the Services at any time by providing written notice to Bitvora Inc. Upon termination, you must cease all use of the Services and destroy any copies of documentation or materials related to the Services in your possession.

Effect of Termination

Upon termination of your account, any rights granted to you under these Terms will immediately cease. Bitvora Inc. will have no obligation to maintain or provide access to your data following termination, and we may delete all your data in our possession.

Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law principles.

Arbitration

Any dispute arising out of or relating to these Terms or your use of the Services shall be resolved through binding arbitration in accordance with the rules of the Canadian Arbitration Association. The arbitration shall take place in Toronto, Ontario, Canada, and the language of the arbitration shall be English. The decision of the arbitrator shall be final and binding on all parties.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class, consolidated, or representative action. You further agree that you will not participate in any class action lawsuit against Bitvora Inc. or its affiliates.

Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements or terms expressly incorporated by reference, constitute the entire agreement between you and Bitvora Inc. with respect to your use of the Services. Any prior agreements, representations, or understandings, whether oral or written, are hereby superseded.

Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which shall remain in full force and effect.

Waiver

The failure of Bitvora Inc. to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision must be in writing and signed by an authorized representative of Bitvora Inc.

Assignment

You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of Bitvora Inc. We may assign or transfer our rights and obligations under these Terms without restriction.

Force Majeure

Bitvora Inc. shall not be liable for any delay or failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or governmental actions.

Notices

All notices required or permitted under these Terms shall be in writing and delivered to Bitvora Inc. by email at [email protected]. Notices to you may be sent to the email address you provided during registration.