Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the http://www.bitcanopy.com website, app and system (the "Product"," Service") it's partners, affiliates, and investors ("Bitcanopy, "us", "we", or "our"). Your access to and use of the Product or Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Product or avail any consultation Service. By accessing or using the Product or Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Product and the associated Service.
By accessing this Website, browsing, downloading any of the products and or use of any of our Services, you acknowledge and agree that
- you have read, understood and agreed to be bound by the terms of this agreement
- you are of legal age to enter into this binding agreement;
- you have the authority to enter into this Agreement personally or on behalf of your entity and bind that entity to this Agreement.
Description of services
Bitcanopy retrieves, stores and analyses data for a variety of third party cloud infrastructure, platform, and software providers. Services include but are not limited to analytics, data, reporting, and optimization tools made available from Our websites.
Use of services, your responsibilities
Subscriptions Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Bitcanopy cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Bitcanopy customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Bitcanopy with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Bitcanopy to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Bitcanopy will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Free trial Bitcanopy may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Bitcanopy until the Free Trial has expired. On the last day of the Free Trial period, unless you canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Bitcanopy reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Fee changes Bitcanopy, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective after the end of the then-current Billing Cycle.
Bitcanopy will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds Except when required by law, paid Subscription fees are non-refundable.
Account creation. When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
Termination We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Product.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification You agree to defend, indemnify and hold harmless Bitcanopy and its licensee and licensors, and their investors, employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Product or Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of liability In no event shall Bitcanopy, nor its directors, investors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Product / Service; (ii) any conduct or content of any third party on the Product / Service; (iii) any content obtained from the Product / Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Our responsibilities
Operation of purchased services. We will (a) make Our Services available to You pursuant to this Agreement or any applicable Service Order, (b) use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week except for (i) planned downtime for routine maintenance or periodic updating, (ii) any unavailability caused by circumstances beyond Our reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than those involving Our employees), equipment failures, denial of service attacks, periodic updating, or any service provider failures or delays.
Support. We will provide Our standard level of technical support for the Services free of charge during Our regular business hours. Additional support options may be available for purchase as a Premium Service.
Data protection. Bitcanopy will maintain administrative, physical, and technical safeguards for the protection of the security, confidentiality, and integrity of Your Account Information, in accordance with applicable industry standards. Bitcanopy may access Account Information or Service Data as necessary to identify or resolve technical problems or to provide Users with support.
Beta services. You may be invited or granted access to new and not-yet released features or functionality ("Beta Services"). Beta Services are for evaluation only and are not considered "Services" under this Agreement. We may discontinue Beta Services at any time or may choose to never make them fully available. We will have no harm or damage arising out of or in connection with any Beta Services.
Third party product & services
Our Service may contain links to third-party websites or services that are not owned or controlled by us.
Bitcanopy has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Bitcanopy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
By signing up for Bitcanopy's service, you acknowledge that Bitcanopy may use your company's name and respective logo (with copyright consent) in its' marketing and publication materials.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Disclaimer
Your use of the Product is at your sole risk. The Product / Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Product and Service are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Bitcanopy, its subsidiaries, affiliates, investors and its licensors do not warrant that a) the Product / Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Product / Service is free of viruses or other harmful components; or d) the results of using the Product / Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing law
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Product / Service, and supersede and replace any prior agreements we might have had between us regarding the Product / Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Product and/or Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Product and/or Service.
Contact us
If you have any questions about these Terms, please contact us at operations@bitcanopy.com