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Terms of Service
These Terms of Service (the “Terms of Service”) are intended to regulate the use of Bit Mountain (defined hereunder) as well as the relationship between Bit Mountain, the licensee for itself and on behalf of its authorized clients (as such terms are defined below).
If you, a client, do not agree to these Terms of Service or any part thereof, you are required to cease your use of Bit Mountain and discontinue consumption of the services, and to immediately notify Bit Mountain thereof, in writing.
The most current Terms of Service will appear on the website under the “Terms of Service” link on the website’s homepage. Use of Bit Mountain or receipt of the services constitutes agreement to the Terms of Service, as may be amended from time to time, in accordance with their most current version appearing on the website.
Should any conflict or inconsistency exist between the provisions of the Terms of Service set out herein and information appearing on any other pages of the website, the terms of these Terms of Service shall govern.
You are invited to contact Bit Mountain regarding any topic by filling out the referral form found on the contact page of the website.
The Terms of Service may employ gendered language solely for convenience; all provisions hereof are intended for women and men alike. Any references to “including” or “includes” means “including (or includes) without limitation.”
Section titles are provided solely for convenience, and should not be considered for the purpose of interpreting these Terms of Service or their validity.
For the avoidance of doubt, it is clarified that these Terms of Service do not replace and/or derogate from the Terms of Service of any Reseller or third parties, should any such apply and as applicable, but are rather complementary thereto; provided, however, that in the event of a conflict therewith, these Terms of Service shall govern.
The following terms shall have the meanings ascribed alongside them unless explicitly stated otherwise:
- Bit Mountain software/services means the web-accessibility services and any additional services or products Bit Mountain will provide under the Bit Mountain brand including Bit Mountain's website.
- license means a license to use the services of Bit Mountain for one (1) licensee website, subject to and in accordance with these Terms of Service.
- licensee means whoever purchase a license for the services, enabling its clients to access and use Bit Mountain on the website in order to receive the services.
- Standard means WCAG 2.1.
- Partner means any third party that refers licensees to Bit Mountain, directly or indirectly, through a partner link or otherwise.
- Services means the website accessibility services provided by Bit Mountain through Bit Mountain's software.
- Client/user means whomever licensee authorizes to make use of Bit Mountain, directly or indirectly, including another person or entity using Bit Mountain on behalf of the licensee.
- Website means Bit Mountain’s website at https://bitmtn.com
Use of Bit Mountain
A client may only use Bit Mountain in accordance with the rules set out here-under. Use of Bit Mountain shall be made only as set out in these Terms of Service, unless express prior written consent of Bit Mountain to do otherwise, is obtained. Without derogating from the generality of the foregoing:
- When using Bit Mountain or receiving the services, you may not impersonate a different person or business organization;
- You may not: (i) copy, modify, create any derivative work of; or (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to impact upon or derive source code (or the underlying ideas, algorithms, structure or organization);
- You may not breach or impair, in any manner, any intellectual property rights existing in Bit Mountain, including without limitation, copyrights, patents, trademarks, or any other proprietary rights, whether belonging to Bit Mountain or any third party;
- You may not use Bit Mountain and/or the services in any manner contrary to or inconsistent with these Terms of Service, nor (without derogation from the generality of the aforementioned), in any manner which is illegal, immoral, or contrary to public policy; and
- Bit Mountain and the services are provided “as is,” and are only intended to be used by the licensee on the website for which licensee has obtained a license. For the avoidance of doubt, the licensee is not permitted to transfer and/or sell its license to any other third party.
Sale, Purchase and Termination Policy
Upon purchasing the services from Bit Mountain or the Reseller, the licensee shall receive a license for Bit Mountain for the purpose of receiving Service on one website only (the “license”). As part of the Service, Company will deploy a script into licensee’s website code which imbeds Bit Mountain plugin onto licensee’s website, as determined on the purchase date.
For the avoidance of doubt, it is clarified that after the script has been embedded, no further use of the script and/or the license may be made for any other domain name or any other website operated by the licensee. The licensee will be required to purchase a new dedicated license from Bit Mountain for any other website.
Upon purchasing a license, the licensee agrees and confirms that it is engaging in a “Software as a Service” agreement (“SaaS”), whereby it purchases a client license for Bit Mountain in order to embed the end-user interface (i.e., plug-in) of the system into a specific website, with Bit Mountain installed and operated from Bit Mountain’s servers. The licensee is not purchasing Bit Mountain or any part thereof, including without limitation, the code and/or supporting files and/or databases and/or any other component of the software that, either jointly or severally, comprise Bit Mountain.
Bit Mountain is only compatible for use by users on the following operating systems and browsers: Chrome, Firefox, Safari, Microsoft Edge, Internet Explorer 11, Android 8, and iOS10. The functionality of Bit Mountain requires that the licensee websites in which they are embedded be websites based solely on HTML files and tags, and that the source code be written according to the Standard of the World Wide Web Consortium (“W3C”), without any errors or validation warning in W3C’s troubleshooting inspections; please note that licensee changes to such website may impact the functionality of the Service. By way of example, Bit Mountain does not support other components, such as Canvas, Flash and/or SVG.
The license is for the use of the licensee only on one website, is limited as set forth in these Terms of Service and may not be sold and/or transferred and/or assigned unless the license is purchased by a Reseller under a reseller agreement or any other specified agreement.
The license is purchased through the website, using the means of payment available on the website as of the purchase date or by the Reseller through Bit Mountain, if applicable.
Bit Mountain reserves the right to replace and/or alter, from time to time, the means of payment available on the website, as well as to update the price of the license, as well as to collect different prices from different licensees and Resellers, at Bit Mountain’s sole discretion and without need for justification.
Following the completion of the purchase, Bit Mountain will create a client profile for the licensee on the website, and the login information will be sent promptly to the client e-mail address provided during the purchase process. Concurrently, the client will be provided with a script that will embed Bit Mountain into the licensee's website for which the license was purchased.
The transaction may be terminated at any time. This will prevent future fees being incurred by the client, however, the client will not be returned any fees paid for the Bit Mountain services. For the remainder of the previously agreed-upon subscription period, the client will continue to have access to their license until the subscription expires. In order to terminate the transaction, the licensee and/or the Reseller must e-mail email@example.com, with its full name, identifying information, or company number, the domain name for which the termination is sought, and a copy of the transaction receipt.
The licensee may terminate its engagement with Bit Mountain at any time, subject to payment of all sums owed to Bit Mountain.
Bit Mountain reserves the right to transfer its rights and obligations under these Terms of Service to any third party, provided the rights of the licensee are not adversely affected.
Bit Mountain reserves the right to terminate the transaction and/or the license at any time, without justification to the licensee. Should Bit Mountain terminate the license, the licensee, as applicable, is entitled to reimbursement as follows:
Up to 5 days from finalization of the transaction, a full refund;
Between 5 days and 15 days of use, a refund of 50% of the original price;
After 15 days of using Bit Mountain, the licensee will no longer be entitled to a refund.
Thirty days following the submission of a notice of termination by Bit Mountain, the engagement between the licensee and Bit Mountain will end, and other than any outstanding refunds, there shall be no other obligation, monetary or otherwise, remaining between one party and the other, and neither party shall have any claim and/or demand and/or action against the other.
Website Accessibility; Malfunctions; Issues
Bit Mountain exerts best efforts to help clients attain accessibility compliance with their websites in accordance with the provisions of the latest ADA compliance regulations, however, Bit Mountain does not and does not claim to make a client's website fully compliant to ADA regulations.
Because we understand the still-existent limitations with computers and automation, Bit Mountain provides improvement automations up and until the point where the automations sacrifice the accuracy level of the content. At which point, Bit Mountain provides recommendations for how to fix any and all potential compliance issues that can be found on each page of the client's website in the user interface.
Bit Mountain grants solely to the licensees, and solely during normal business hours, technical support services, including assistance in operating Bit Mountain, solutions to malfunctions in Bit Mountain, use of the personal client account and similar technical and operational matters of payment, purchase or termination of transactions.
The licensee agrees to cause its client to report any malfunction or issue observed in Bit Mountain immediately to Bit Mountain by e-mail; upon receipt of such report, Bit Mountain undertakes to investigate the malfunction in a reasonably prompt manner.
Bit Mountain shall employ its best efforts to resolve malfunctions in Bit Mountain in a reasonably prompt manner. In the event that the technology needed to resolve an issue does not exist, or in the event that its implementation is not possible, Bit Mountain shall document the issue in its records and resolve it once this becomes possible on a technological level, subject to and in accordance with Bit Mountain’s undertakings toward the licensee.
Bit Mountain does not undertake to manage and/or resolve malfunctions or issues originating in the licensee’s website. For the avoidance of doubt, under no circumstances will any changes be made to the code in Bit Mountain’s systems and/or platforms in order to adapt them to the peculiar needs of a licensee’s website.
Limitation of Liability and Customer’s Liability
Bit Mountain shall be provided to the licensee “AS IS”, and Bit Mountain shall not bear any liability for damages incurred by the licensee and/or the client and/or any representatives thereof on account of their use of Bit Mountain and/or the services and/or products or services of third parties that interface with Bit Mountain.
Bit Mountain provides no undertaking, representation or warranty not specified in these Terms of Service, including without limitation any undertaking or representations with respect to the quality, reliability, accuracy, completeness, currency or availability of the information appearing in Bit Mountain, the use thereof or their suitability for any particular purpose.
From time to time, Bit Mountain may update and/or upgrade Bit Mountain (including Bit Mountain’s servers), which may cause a temporary interruption in the provision of the services. Bit Mountain has no control over malfunctions that may occur, from time to time, in respect of the availability of the services included in Bit Mountain, nor over services provided by third parties.
The licensee is aware that the installation of Bit Mountain cannot guarantee that claims will not arise, and that embedding Bit Mountain in the licensee’s website does not, on its own, fulfill all of the requirements of applicable law in respect of website accessibility (Bit Mountain does not remediate PDF files or create subtitles for videos, for example). Bit Mountain does not undertake that the licensee’s website will be 100% accessible at any given moment, owing to factors such as licensee changes made to the website, issues originating in the licensee’s website and /or limitations stemming from technological reasons. The licensee irrevocably waives any claims against Bit Mountain from any liability, legal or otherwise, and that it shall assert no claims against Bit Mountain in this regard.
It is the licensee’s responsibility to verify, prior to using Bit Mountain, the integrity of its website’s connectivity, and that of the server on which it is stored, to the internet network and to licensee’s infrastructure (telephone, computer and so forth). Bit Mountain shall not bear liability for any damage to the licensee on account of the foregoing issues, for which the licensee is responsible.
Without derogating from the foregoing, the licensee agrees that, in any event, Bit Mountain’s liability towards it will be limited to a sum equal to the aggregate payments made by the licensee to Bit Mountain in the six (6) months preceding a claim or alleged breach, and no more.
Bit Mountain is not responsible for the contents of documents and/or graphics files and/or other data found on the licensee’s website, including with respect to copyrights and/or patents and/or trademarks and/or accessibility of texts, pictures, attached PPT, EXCEL, WORD, PDF, audio, video, VIMEO or YouTube files, nor files of any other video provider, nor any other file of any kind for which licensee is responsible.
Bit Mountain is not responsible for any loss and/or expense and/or damage incurred by the licensee and/or any third party on account of its rendering the licensee’s website accessible, and full and exclusive liability in this regard remains with the licensee. Similarly, Bit Mountain is not responsible for re-organizing the licensee’s website after Bit Mountain have been embedded. Bit Mountain shall not bear any responsibility for any damage, inconvenience or loss incurred by the licensee, directly or indirectly, as a result of its use of Bit Mountain and the embedding thereof in the licensee’s website.
The licensee shall bear sole responsibility for licensee content appearing on its website and for licensee’s compliance with laws applicable to it, including those relating to website accessibility. Without derogation, licensee acknowledges that complying with applicable law requires it to consult an attorney; a matter that is beyond the scope of the technical services rendered by Bit Mountain. The services rendered pursuant to these Terms of Service do not comprise, and licensee hereby expressly exempts Bit Mountain from, examining website content and adapting it to applicable law and/or for examining the approvals required for the licensee’s website in respect of or connected to accessibility legal requirements. It is emphasized that these examinations fall under the exclusive responsibility of the licensee and will be performed by the licensee or legal counsel on its behalf, at licensee’s expense.
Without derogating from the release and limitation of liability set out above, in no event shall Bit Mountain be responsible, and the licensee exempts Bit Mountain from, any liability and/or duty and/or demand and/or claim to arise prior to the completion of the accessibility rendering process on the licensee’s website through the use of Bit Mountain.
In addition, and without derogating from the generality above, the client shall indemnify and hold harmless Bit Mountain for any sum Bit Mountain bears and/or is required to incur for matters that are the client’s responsibility, in addition to legal expenses, attorneys’ fees and other costs, to the extent applicable, within 30 days of receiving Bit Mountain’s first written demand.
Licensee acknowledges that it must make adjustments in the configuration of Bit Mountain after adding new content and/or new components and/or new pages and/or using new technologies on its website and to ensure that tags or “selectors” on which Bit Mountain is based are not changed. Similarly, the licensee undertakes to embed the system in a staging website before installing the system on the client’s website, and, only after verifying that there is no malfunction or damage caused to the client’s website, to embed Bit Mountain into the client’s website.
Bit Mountain, based on software, hardware, and communications networks, are exposed to the inherent risks of such systems, including the risk of malicious software (viruses, trojan horses, etc.), wiretapping, hacking by hostile entities, impersonations, and other online systems and scams. Bit Mountain invests its efforts in defending against these risks. Nonetheless, it is not possible, and the licensee is aware that it is not possible, to ensure complete immunity, and there may be damages and/or losses incurred in the event that such risks are realized, including disclosure and/or corruption of information provided and/or presented in Bit Mountain, corruption of instructions/requests, unauthorized account actions, disruptions to the operation of Bit Mountain and/or their response time, including interruption, partial performance and/or late performance of instructions/requests, unavailability of Bit Mountain Systems or the services, etc., by virtue of such unlawful third party interference.
No conversation or correspondence with any Bit Mountain employee or representative and/or other information provided by Bit Mountain shall be considered legal advice, and the licensee shall have no claims to the contrary.
The Reseller shall assume full responsibility for the execution of all the applicable Terms of Service by the licensees and ensure that any agreement executed between the Reseller and any licensee shall include provisions instructing the licensees to comply with these Terms of Service.
The intellectual property rights, including copyrights and trademarks (should any exist) in Bit Mountain or the services or any other content included in Bit Mountain or the services (“Company IP”) belong solely to Bit Mountain, or to the third party that provided its permission for Bit Mountain to use them. You may not copy, distribute, publicly display, publicly perform, transfer to the public, amend, process, create derivatives of, sell or lease any part thereof, whether by yourself or in cooperation with any third party, in any way or using any means, whether electronic, mechanical or optical, using photographic or recording means, or through any other means, without receiving the prior written consent of Bit Mountain and/or the other rightsholders, as applicable, and subject to the terms of such consent (if any). This provision is also valid in respect of any processing, editing or translation performed by Bit Mountain on content input or provided by the client to Bit Mountain. For the avoidance of doubt, and without derogation from the generality above, the databases, software, code, systems and applications, graphics files, media and audio files, written content, code content and other materials, including designs and graphics, relating to Bit Mountain IP also belong to Bit Mountain, and it holds the exclusive rights thereto.
The client is not entitled and will not be entitled to use Bit Mountain or any part thereof in a manner that breaches the provisions of these Terms of Service, or that could harm the rights of Bit Mountain and/or the rights of any third party, using any means, digital or otherwise, without the prior written consent of Bit Mountain.
If and to the extent that consent is granted for the use of Bit Mountain IP, the client must refrain from removing, deleting or obscuring any notice or symbol concerning Company IP rights, such as copyright symbols (©) or trademarks (®) that accompany the content being used by the client.
The trademarks and advertising messages of the advertisers in Bit Mountain are the sole property of such advertisers. Without derogating from the prohibitions above, no use may be made of these either, without obtaining prior written consent.
The name “Bit Mountain” and any trademarks and/or service marks or symbols are the property of Bit Mountain. The purchase of a license does not afford the licensee the right to make use of any of the trademarks and/or service symbols for any purpose not expressly stated in these Terms of Service.
Upon purchasing a license, the licensee approves Bit Mountain’s disclosure of the fact that it provided and/or provides the services to the licensee, and that Bit Mountain is embedded in the licensee’s website. The licensee further confirms that Bit Mountain may make use of its trade name and the address of the website in which Bit Mountain are embedded, and may make worldwide and indefinite use of the licensee’s logo, for Bit Mountain’s marketing purposes.
The provisions of this intellectual property clause shall apply notwithstanding the cessation of the provision of the services upon the conclusion of the license, for any reason.
The provisions of this section do not derogate from the provisions of any law or from any rights afforded Bit Mountain by law.
Termination of the services
Bit Mountain may, from time to time and without prior notice, limit or terminate a client’s access to Bit Mountain and the services and refuse to provide it with such access, in the event of one of the following instances (without derogating from any other remedy afforded Bit Mountain by law):
- If a licensee or client breaches these Terms of Service;
- If Bit Mountain is unable to verify and/or validate information provided by a licensee or client or if Bit Mountain reasonably believes the information provided by a licensee or client is incorrect or inaccurate, in both such instances after Company makes reasonable efforts to communicate with a licensee or client without avail;
- If Bit Mountain reasonably believes that a licensee or client’s use of Bit Mountain and/or the services is giving rise to the monetary risk and/or fraud of any kind and/or raises concerns of such; or
- If Bit Mountain reasonably believes that a licensee or client’s use of Bit Mountain and/or the services is overloading its systems and taking too many resources due to technical issues with client or licensee site, or with Bit Mountain's systems or any for any other technical reason.
- If Bit Mountain reasonably believes that a licensee’s or client’s actions may cause a monetary loss and/or payment and/or create legal liability for Bit Mountain towards any third party.
For further information and clarifications, please contact: firstname.lastname@example.org.