Introduction
These terms and conditions (“Terms”) apply to the use of the software as a service (“SaaS”) offered by Bitumio (“Company”) through its website located at www.app.bitumio.com (“Website”). By accessing or using the SaaS, you and anyone affiliated under your license (“Users”) agree to be bound by these Terms. If you do not agree to these Terms, you may not use the SaaS.
Description of Service
The SaaS is a software application that can be accessed and used over the internet. The SaaS may include various features, such as data storage, data analysis, and other tools. The Company reserves the right to change, suspend, or discontinue the SaaS or any portion thereof at any time, for any reason, and without notice.
User Accounts
In order to access and use the SaaS, User must create a user account (“Account”). Users are responsible for maintaining the confidentiality of User’s Account and for all activities that occur under User’s Account. User agrees to notify the Company immediately of any unauthorized use of User’s Account or any other breach of security. The Company will not be liable for any loss or damage arising from User’s failure to comply with this Section.
Payment
The SaaS is offered on a subscription basis. User will be required to provide a valid payment method in order to use the SaaS. The Company may change the fees for the SaaS at any time, and will provide User with notice of any such change.
Content
User is responsible for all content that User uploads, post, or otherwise make available through the SaaS (“Content”). User represents and warrants that User has the right to use and distribute all Content that User makes available through the SaaS, and that such Content does not infringe or violate the rights of any third party.
Intellectual Property
The SaaS and all intellectual property rights in the SaaS are owned by the Company. User may not use the SaaS or any intellectual property rights in the SaaS for any purpose not expressly permitted by these Terms.
Disclaimer of Warranties
THE SaaS IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES THAT THE SaaS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) USERS ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SaaS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SaaS; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF USERS CONTENT OR INFORMATION.
Users are solely responsible for the accuracy, completeness, and legality of the estimates they generate and send through the Bitumio platform. Bitumio shall not be liable for any inaccuracies, errors, or omissions in the estimates created and sent by Users.
Bitumio shall not be held responsible for any losses, financial or otherwise, incurred by Users as a result of sending inaccurate estimates to their customers through the Bitumio platform. Users acknowledge that they are solely responsible for the consequences of using the estimates generated through the Bitumio platform, and Bitumio shall not be liable for any negative impact on Users’ business, financial standing, or relationships with their customers.
Indemnification
Users agree to indemnify, defend, and hold harmless the Company and its affiliate sand their respective officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:
(a) User’s access to or use of the SaaS;
(b) User’s violation of these Terms;
(c) User’s Content; or
(d) User’s violation of any rights of any third party.
Users agree to indemnify, defend, and hold harmless the Company and its affiliates and their respective officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with inaccuracies or errors in the estimates created and sent by Users using the Bitumio platform.
Term and Termination
These Terms will remain in effect until terminated. The Company may terminate these Terms at any time if Users violate any of the provisions of these Terms. Upon termination, User’s Account and access to the SaaS will be terminated and all Content will be deleted.
Fulfillment Policy
1. Subscription Access
Upon successful subscription and payment, users will be granted access to our online platform according to their chosen subscription plan. Access is provided immediately upon receipt of payment and will continue for the duration of the subscription period, either month-to-month or annually, as selected by the user.
2. Cancellation Policy
Month-to-Month Subscriptions:
- Users may cancel their month-to-month subscription at any time.
- Cancellation will be effective at the end of the current subscription period, and users will retain access to the platform until that time.
Yearly Subscriptions:
- Users with yearly subscriptions must provide written notice of cancellation at least 15 days prior to the desired cancellation date.
- Cancellation will be effective at the end of the current subscription period following the 15-day notice.
3. Refund Policy
Month-to-Month Subscriptions:
- Once the subscription month has been paid for, no refund will be granted for that month.
- Users will continue to have access to the platform until the end of the current subscription period.
Yearly Subscriptions:
- For yearly subscribers, refunds for the remaining annual subscription rate will be issued unless the customer is still within the first three months of their subscription.
- If cancellation occurs within the first three months of the yearly subscription, the user will be refunded the annual subscription amount minus the cost of three months of service.
4. General Terms
- All refund and cancellation requests must be submitted through our customer support portal or via email to our support team.
- Refunds will be processed within 30 days of receipt of the cancellation notice, and funds will be returned via the original payment method.
- The company reserves the right to modify this policy at any time, and any changes will be communicated to users via email and updated on our website.
By subscribing to our service, you agree to this Fulfillment Policy. If you have any questions or require further assistance, please contact our support team.
Governing Law
These Terms and User’s use of the SaaS will be governed by and construed in accordance with the laws of the United States, without giving effect to any principles of conflicts of law.
Dispute Resolution
Any dispute arising out of or related to these Terms or the SaaS will be resolved through binding arbitration in accordance with the United States Arbitration Association’s rules. The arbitration will be held in Ogden, Utah.
Miscellaneous
These Terms constitute the entire agreement between Users and the Company regarding the use of the SaaS. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. The failure of the Company to enforce any right or provision in these Terms will not be deemed a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
Contact Information
If you have any questions about these Terms, please contact the Company at info@bitumio.com.