1. General Principles. Bit Capital Group, LLC. (“BitCap”) is an incorporated company under the Washington State Title 6, Chapter 18 Limited Liability Company Act, as from time to time amended or restated with its registered office at US Corporation Agents, Inc. 131 Continental Dr. Suite 305 Newark DE 19713. BitCap.co is a Website and platform operated by Bit Capital Group, LLC that allows individual users to monitor their computing power connected to the internet. (“Website”).
2. Acceptance of the Website Terms and Conditions of Use. By Accessing and using the application, you confirm that you have read, accepted, and agree to be bound by its provisions. Any factual participation in the application will constitute such acceptance. If you do not agree to abide by these Terms of Use, you are not allowed to use the application.
3. Scope of Application. To access the application, you must enter your specific email associated with your account. The application URL’s are app.bitcap.co, and admin.bitcap.co. The application allows you to monitor the status of your computing power, repair/troubleshooting tickets, invoices, contracts and other relevant information. The application also allows you to make basic changes to the configuration of your hardware such as application settings.
4. Availability. BitCap does not guarantee that the Website will always be available or be uninterrupted. BitCap may suspend or withdraw or restrict the availability of all or any part of the Website for any reason. BitCap will try to give you reasonable notice of any suspension or withdrawal.
5. Subject to Change. BitCap may update or change the Website from time to time without notice to reflect changes to BitCap’s products or services, BitCap’s users’ needs, and BitCap’s priorities.
6. Botnets and Hacking. You agree not to abuse, hack, attempt to hack, or take any other hostile action on (for example, block withholding attack, botnet attack, etc.) any of BitCap’s mechanisms, processes, mistakes, bugs, or imperfections in programming or errors in the respective cryptocurrency network to take advantage of or disadvantage any miners, or to disrupt the operation or the availability of the Website
7. Authority. In order to use the application as defined below and operated via the Websites you must be at least sixteen (16) years old. By using the application, you confirm to have reached the age of sixteen (16).
8. Intellectual Property Rights and Ownership. You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by BitCap, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. The BitCap name and all related names, logos, product and service names, designs, images, and slogans are trademarks of BitCap or its affiliates or licensors. You must not use such marks without the prior written permission of BitCap. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action. You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, in any form or medium whatsoever except:
a. your computer and browser may temporarily store or cache copies of materials being accessed and viewed; and
i. a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.
You are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you print off, copy or download any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at BitCap’s option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by BitCap. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
9. Third Party Websites. For your convenience, this Website may provide links or pointers to third-party sites. BitCap makes no representations about any other Websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. BitCap has no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites. You may link to BitCap’s homepage, provided you do so in a way that is fair and legal and does not damage BitCap’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on BitCap’s part where none exists. The Website must not be framed on any other site. BitCap reserves the right to withdraw linking permission without notice. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
10. Privacy. You may access BitCap’s Website as a regular user or subscribe to receive BitCap’s newsletter and become a subscriber (the “Subscriber”). You may choose to unsubscribe from BitCap’s newsletter by contacting BitCap at privacy@BitCap.io or following the opt-out links on any Subscriber content sent to you by BitCap. By using this Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze Website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately. For more information on this automated information gathering practices, see Privacy Policy.
11. Breach of these Terms of Use. If you fail to comply with these Terms of Use, BitCap may, in its sole discretion, consider you in breach of the Terms of Use and may take all or any of the following actions without notice to you:immediate, temporary or permanent withdrawal of your right to use the Website; issue a warning to you; commence legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from a breach; take further legal action against you; and provide disclosure of such information to law enforcement authorities as BitCap reasonably considers necessary or as required by law.BitCap excludes any liability for all actions BitCap may take in response to breaches of these Terms of Use. The actions BitCap may take are not limited to those described above and BitCap may take any other action BitCap reasonably deems appropriate.
12. DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Bit Capital Group NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT OR SERVICES AVAILABLE THROUGH THIS WEBSITE BitCap CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, Bit Capital Group WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR THE TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. Bit Capital Group DOES NOT GUARANTEE THAT THIS WEBSITE WILL HAVE UNINTERRUPTED SERVICE, BE ERROR-FREE, BE TYPOGRAPHICALLY ACCURATE BE DATA REPORTING ACCURATE, THAT DEFECTS WILL BE CORRECTED, THAT NEW FUNCTIONALITY WILL BE ADDED, THAT YOU WILL RECEIVE ANY REWARDS FOR THE COMPUTING POWER YOU’VE PROVIDED, OR THAT THE WEBSITE IS FREE FROM VIRUSES, MALWARE, OR OTHER HARMFUL SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING THE INFORMATION BEFORE RELYING ON IT. YOU ARE RESPONSIBLE FOR PROVIDING YOUR OWN ANTI-VIRUS, FIREWALLS, SECURITY AND/OR VPN SERVICES, TO PROTECT YOUR OWN INFORMATION, DEVICES, NETWORK, APPLICATIONS AND SERVICES. USE OF THIS WEBSITE, THE CONTENT ON THIS WEBSITE, AND THE IS SOLELY AT YOUR OWN RISK.
13. IMITATION OF LIABILITY. EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES, OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
14. Indemnity. You agree to indemnify, defend and hold BitCap, its affiliates, and their respective officers, agents and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, due to or arising out of your use of the Website, the content or the resources available through the Website, and/or breach of these Terms of Use.
15. Governing Law. If there is a dispute, you agree to submit to the exclusive jurisdiction of the courts located in Grant County, Washington US. These Terms of Use are governed by the laws of the state of Washington. Prior to this escalation it is highly recommended that you contact BitCap directly, to help resolve any issues or queries that you may have. Both parties agree to communicate and negotiate first and foremost, attempt mediation services next, and at last attempt to use legal counsel and the Washington state court system. You may not assign these Terms of Use, transfer rights, or delegate any obligations under these Terms of Use, in whole or in part, whether voluntary or by law, without BitCap’s prior written consent. These Terms of Use constitute the entire agreement between you and BitCap, supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter, and are legally binding.
16. Severability. If for any reason a court of the competent jurisdiction finds any provision or portion of these Terms of Use to be invalid, illegal, or unenforceable, such determination shall not impair or affect the validity, legality or enforceability of the remaining provisions hereof, and each provision is hereby declared to be separate, severable and distinct.
17. Waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
18. Reporting and Contact. You may contact BitCap by writing to admin@bitcap.co for all inquiries.
Effective Date: 10/2/2024
