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We, BitMobile (“we”, “our”, or “BitMobile ”), together with
our affiliates, provide a variety of features, apps, and services that you can
enjoy with our mobile devices, and other products, such as the Krptic wallet,
UniSafeBox Password manager, Say-Tec Biometrics, BioFi Interactive, Ethos
Metaverse, Dogerun, Phenix X edu, and Phenix X Authentication, (“Services”),
and these Terms and Conditions (“Terms”) will cover your use of the Services.
ACCEPTING OUR TERMS
The Terms are a binding legal agreement
between you and BitMobile , including its Applicable Law and Dispute Resolution
provisions, which include an arbitration process and agreement. By creating an
account or using our Services, you confirm that you accept these Terms. If you
do not accept the Terms, you have no right to use (and may not use) the
Services.
You can also access this information online at
www.BitMobile .com/ legal/mobile. You may also contact us at:
[email protected]
If you are under the age of 18, you may not
use the Services. If you are a parent or guardian permitting a Minor to use the
Services, you agree to:
• (i) supervise the Minor’s use of the
Services;
• (ii) assume all risks associated with the
Minor’s use of the Services,
• (iii) assume any liability resulting from
the Minor’s use of the Services,
• (iv) ensure the accuracy and truthfulness of
all information submitted by the Minor; and
• (v) assume responsibility and are bound by
the Terms of use of the Services.
We may sometimes need to change these Terms.
We will let you know of any changes by posting the updated Terms on our website
– https://www.bitmobiletech.com/
If we think the changes are material, we
may send a notification to the email address linked to your BitMobile account before the updated Terms become
effective. If you do not agree to the changes, you must stop using our Services
and delete your BitMobile account. By
continuing to use our Services after the updated Terms become effective, you
confirm that you understand and accept the updated Terms.
These Terms of Service constitute a binding
legal agreement between you and BitMobile , including the terms and conditions
regarding dispute resolution, set forth on the GOVERNING LAW/ DISPUTE
RESOLUTION section below.
GOVERNING LAW/ DISPUTE RESOLUTION |
GOVERNING LAW / DISPUTE RESOLUTION | These Terms and your
relationship with us under these Terms will be governed and construed in
accordance with the laws of the jurisdiction where you are a resident without
regard to its conflict of law provisions. These Terms will not be governed by
the UN Convention on Contracts for the International Sale of Goods, the
application of which is expressly excluded. If you use the Services for
personal use, then any legal matters arising in relation to these Terms that
are not amicably settled will be subject to the non-exclusive jurisdiction of
the courts of the jurisdiction where you are a resident. Alternatively, you are
entitled to turn to alternative dispute resolution entities for dispute
resolution, such as the Online Dispute Resolution (ODR) Platform (available at
http://ec.europa.eu/odr) or to the local dispute resolution panel operating in
your jurisdiction.
If, upon our explicit consent, you use our Services as part of your business,
trade or profession, then any legal matters arising in relation to these Terms
will be subject to arbitration proceedings in English under the arbitration
rules of the International Chamber of Commerce in the location of the
respondent. Notwithstanding the foregoing, we may apply for injunctive remedies
(or an equivalent type of urgent legal relief) in any court of competent
jurisdiction.
1. Changes
BitMobile reserves the right to change this
Agreement and shall provide notice of material changes in a form chosen at BitMobile
’s discretion. You agree that such notice is sufficient. If BitMobile changes
this Agreement after the date You first accepted it (or accepted any subsequent
changes to the Agreement), You agree that your continued use of the Product,
services, application, or software after notice of such changes will be deemed
acceptance of those changes. If You do not agree to such changes, You may
reject any such changes within thirty (30) days of the date such changes became
effective by sending written notice personally signed by You by email to [email protected],
with the subject line: “Dispute Resolution Change Opt Out.” You must include in
the opt-out email: (i) your name and address; and (ii) your intent to reject
changes to this Agreement. By rejecting changes, You are agreeing that You will
resolve any Dispute between You and BitMobile in accordance with the provisions
of this Agreement as of the date You first accepted this Agreement (or accepted
any subsequent changes to this Agreement, as applicable).
2. Severability
Except as otherwise provided in this
Agreement, if any portion of this Agreement is found to be void, invalid, or
otherwise unenforceable, then that portion shall be deemed to be severable and,
if possible, modified or replaced by a
valid, enforceable provision that matches the intent of the original provision
as closely as possible. The remainder of this Agreement shall continue to be
enforceable and valid according to the terms contained herein.
3. Survival
This Agreement shall survive termination of
the Terms and Conditions of the Product, your relationship with BitMobile , and
your use of the Product.
USING OUR SERVICES
LICENSE | We grant you a limited, non-exclusive, non-transferable, and
revocable license to use our Services. You may only use our Services for
personal and non-commercial purposes, according to these Terms and the
instructions we provide in our Services. All references to our Services include
all related content and any other materials used to implement and provide
access to our Services, including updates, upgrades, enhancements,
modifications, revisions, or additions to our Services we make available to
you. You acknowledge and agree that our Services belong to us and our partners,
and are protected under applicable copyright, trademark, trade secret, patent,
and other intellectual property laws and treaties. These Terms do not grant you
any ownership interest in or to our Services, but only a limited right of use
that can be revoked according to these Terms. The availability and features of
our Services may vary depending on where you live, which device you are using, or
which software or operating system version you have.
USER GUIDELINES | We work hard to protect the security and
safety of all users of our Services. We also strive to make our Services
available without interruptions. To help us meet these goals, you agree that:
1. You will not reverse engineer, decompile,
disassemble, or make any attempts to discover the source code or algorithms of
our Services.
2. You will not modify or disable any features
of our Services.
3. You will not create any derivative works based
on our Services. Additionally, you will not incorporate or utilize our Services
as a functionality for your commercial enterprises or businesses.
4. You will not rent, lease, lend,
sub-license, or provide any commercial hosting services using our Services.
5. You will not infringe, misappropriate, or
otherwise violate our intellectual property rights or the rights of anyone else
while using our Services.
6. You will not use our Services in any way
that violates these Terms or any laws, rules, regulations, codes of practices,
guidelines, or any other requirements of regulatory authorities, as amended
from time to time, within the jurisdiction(s) in which you are a resident or
from which you are using the Services (“Applicable Law”).
7. You will not use our Services in any
fraudulent or malicious way, for example to introduce viruses, malicious code,
or harmful data.
8. You will not use our Services in any way
that could damage, disable, overburden, impair, or compromise our systems or
security, or interfere with other users of our Services.
9. You will not collect or harvest any
information or data from our Services or systems or attempt to decipher any
transmissions to or from the servers running our Services, except to the extent
allowed by Applicable Law.
INTERNET | Our Services may require Internet access to
provide certain features to you. You acknowledge that access to the Internet
may result in charges depending on your payment plan, and that we are not
responsible any such charges, nor for the availability or speed of the
Internet.
UPDATES | We are always working to make our Services better. To share
improvements and new features with you, we may provide updates or upgrades to
our Services. These updates and upgrades are designed to improve, enhance, and
further develop our Services and may include bug fixes, patches, enhanced
features, plug-ins, and new versions. Essential updates, such as critical bug
fixes or security updates, may be downloaded and installed automatically
without your consent to protect you and other users. For other non-essential
updates, you will be notified in advance and be able to choose whether to
download and activate the update.
THIRD PARTY SERVICES | We work with a global network of partners to
provide you with useful content in our Services. This may include information,
links, advertisements, or other content provided by third parties (“Third-Party
Services”). We are not responsible for, and have no control over, any
Third-Party Services, and we are not liable for any damages or losses that are
caused by any Third-Party Services.
ADVERTISEMENTS | We provide some features of our Services for
free. To keep these features free, we may show you ads or promotions provided
by us or third parties while you use our Services.
PRIVACY POLICY | Your use of the Services is subject to BitMobile
’s Privacy Policy, located at: https://bitmobiletech.com/privacy-policy/. We
provide additional information about our privacy practices related to
particular Services where appropriate. To the extent a Service has its own
privacy notice, that privacy notice will also apply to your use of such
Service. We recommend that you review the privacy notice of each Service for
more information about our privacy practices.
BITMOBILE ACCOUNT
You may need to create an account to use some
of our Services (“BitMobile account”). By creating a BitMobile account, you
agree that:
1. You will provide accurate and complete
information when you create your account.
2. You will update your account if any of your
information changes.
3. You will safeguard your password and
authentication details and will not share it with anyone.
4. You will contact us immediately if you
suspect anyone else is using your account.
You can delete your BitMobile account at any
time on our Rewards portal, accessible on the Phenix X device.
IDENTITY VERIFICATION CODES
As an added layer of security designed to help
keep your account safe from unauthorized users, we use multiple security
services, including two-step verification to verify your identity. For example,
two-step verification may be required when you are initially setting up your
account, or when you are attempting to access your account from a new or
unrecognized device or location. When it is required, we will either require
biometric validation, cryptographic validation, or will generate and send you a
single-use identity verification code to enter onto the screen where prompted
in order to gain access to your account. There is no need to sign up for the
SMS feature. It is an automatic service for your added security and protection.
Please note that standard wireless carrier message and data rates may apply for
SMS text messages. Carriers are not liable for any delayed or undelivered
messages.
USER CONTENT
Some of our Services allow you to share things
like comments, photos, messages, or documents with us or with other users. When
you share content you own or have created, you continue to own any intellectual
property rights in or to that content. However, to use your content in our
Services, you need to grant us a license for any content that you create or
upload using our Services. When you upload, transmit, create, post, display, or
otherwise provide any information, materials, documents, media files, or other
content on or through our Services, including Input and Output, as defined
herein (collectively “User Content”), you grant us an irrevocable, unlimited,
worldwide, royalty-free, and non-exclusive license to copy, reproduce, adapt,
modify, edit, distribute, translate, publish, publicly perform, and publicly
display such User Content (“User Content License”) to the full extent allowed
by Applicable Law. We do our best to keep User Content safe, but we are not
responsible if any of your User Content or other data is lost. You should keep
local copies or make backups of User Content and other data.
YOU ARE ENTIRELY RESPONSIBLE FOR THE USER
CONTENT PROVIDED BY YOU AND FOR ANY CONSEQUENCES ARISING IN CONNECTION WITH
THAT USER CONTENT (INCLUDING ANY LOSS OR DAMAGE SUFFERED OR INCURRED BY US OR
OTHER USERS). YOU REPRESENT AND WARRANT THAT (I) YOU ARE THE OWNER OF ALL
RIGHTS PERTAINING TO THE USER CONTENT, OR OTHERWISE AUTHORIZED TO GRANT US THE
USER CONTENT LICENSE; (II) THE USER CONTENT WILL NOT INFRINGE, MISAPPROPRIATE,
OR OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY OR OTHER THIRD-PARTY RIGHTS;
(III) THE USER CONTENT WILL COMPLY AND CONFORM TO ANY AGE CLASSIFICATION RULES
AND REQUIREMENTS (INCLUDING ACCURATE AND ADEQUATE CLASSIFICATION AND RATING OF
ANY USER CONTENT, AS THE CASE MAY BE) UNDER APPLICABLE LAW.
CHANGE / TERMINATION
CHANGE | We may, at any time:
1. Change, add, suspend, or remove features
from our Services.
2. Suspend or terminate your right to use our
Services, including access to your account or data.
3. Pre-screen, review, flag, filter, modify,
refuse, reject, block access to, or remove any or all content from our
Services.
ENDING THESE TERMS | BY YOU | You may terminate these Terms at any time by
deleting your BitMobile account and stopping your use of our Services.
ENDING THESE TERMS | BY BITMOBILE | We may suspend or delete your BitMobile account
or stop providing you with all or part of our Services at any time, if:
1. We reasonably suspect that you have
violated these Terms or the instructions we provide in our Services.
2. You have clearly demonstrated (either
directly or through your actions, statements, or otherwise) that you do not
intend to comply with these Terms.
3. We decide to end all or part of our
Services (either worldwide or in the country where you are a resident or from
where you are using our Services).
4. We are required by Applicable Law to end
all or part of our Services (for example, if due to changes in Applicable Law
or due to court rulings or judgments which make the Services or parts of them
become or be considered unlawful).
If we suspend or delete your BitMobile account,
we will try to notify you using the email address associated with your account
or the next time you attempt to access your account or our Services, depending
on the circumstances. In all such cases, these Terms will terminate, including,
without limitation, your license to use our Services. This means that you will
have no right to use (and that you will have to stop using) all of our
Services. The termination of these Terms shall have no prejudice to any rights,
obligations, and liabilities that you or we have accrued or incurred during the
term of these Terms.
NOTICE | We will provide you with reasonable notice of any change,
suspension, or discontinuation of our Services, unless it is urgently required,
in which case we will notify you at the same time as the change, suspension, or
discontinuation. To the maximum extent permitted by Applicable Law, we will not
be liable to you or to any third party if we exercise such rights.
DISCLAIMER/LIABILITY
DISCLAIMER OF WARRANTY | TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, OUR SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT
WARRANTIES OF ANY KIND FROM US, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OR OTHER TERMS
EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OR TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY, WORKMANLIKE
EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY,
ACCURACY, LACK OF VIRUSES, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR OTHER
VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO
YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US
OR OUR AFFILIATES SHALL BE DEEMED TO ALTER OUR DISCLAIMER OF WARRANTY REGARDING
OUR SERVICES, OR TO CREATE ANY WARRANTY OF ANY SORT FROM US.
WITHOUT LIMITING THE PREVIOUS DISCLAIMER, AND
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT REPRESENT,
WARRANT, OR GUARANTEE THAT OUR SERVICES OR THE CONTENT THEREIN WILL (i) OPERATE
IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER; (ii) WILL BE FREE
FROM ALL HARMFUL COMPONENTS OR ERRORS; (iii) WILL BE SECURE OR IMMUNE
(INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM
UNAUTHORIZED ACCESS; OR (iv) WILL BE ACCURATE, COMPLETE, OR RELIABLE, THAT THE
QUALITY OF THE SERVICES WILL BE SATISFACTORY TO YOU, OR THAT ERRORS WILL BE
CORRECTED. IN ADDITION, WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR THIRD-PARTY SERVICES, ADVERTISEMENTS, CONTENT, OR ANY OTHER
PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH OUR
SERVICES.
LIMITATION OF LIABILITY | TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFIT, REVENUE, GOODWILL,
BUSINESS, OPPORTUNITY, OR DATA, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY
OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL
CLAIMS RELATING TO SPECIFIC SERVICES EXCEED THE AMOUNT YOU PAID US FOR SUCH
SPECIFIC SERVICE. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF
LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE
POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND
TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND EVEN TO ANY CLAIMS YOU MAY BRING
AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY
THAT PARTY FOR SUCH CLAIM. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF
LIABILITY FOR PERSONAL INJURY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT THESE
LIMITATIONS ARE REASONABLE GIVEN THE BENEFITS OF THE SERVICES AND YOU WILL
ACCEPT SUCH RISK AND/OR INSURE ACCORDINGLY.
INDEMNIFICATION | You agree to indemnify, defend, and hold harmless
us, our licensors, our agents, and all officers, directors, and employees from
any and all third party claims, actions, losses, damages, liabilities,
judgments, grants, costs, and expenses (including reasonable attorneys’ fees)
arising from: (i) your use of our Services (including advanced intelligence
features and any Output) or use by any person that you allow to use our
Services that is not in accordance with these Terms, (ii) any actual or alleged
breach these Terms by you or by any person that you allow to use our Services,
or (iii) any violation of any laws or regulations or the rights of any third
party by you or by any person that you allow to use our Services (including
through use of advanced intelligence features and any Output). BitMobile reserves
the right, at your expense, to assume the exclusive defense and control of any
matter for which you may be required to indemnify us, and you agree to
cooperate with our defense of any such claims.
GENERAL
COPYRIGHT POLICY |
We respect the intellectual property rights
of others. We may suspend or delete an account or stop providing all or part of
our Services to an account if we reasonably believe that such an account has
repeatedly infringed intellectual property rights.
ENTIRE AGREEMENT
/ SEVERABILITY | These
Terms, our Privacy Policy, any additional terms that accompany our Services,
any amendments, and any additional agreements you may enter into with us shall
constitute the entire agreement between you and us with respect to our
Services, and supersede all prior or contemporaneous oral or written
communications, proposals, and representations with respect to our Services or
any subject matter covered by these Terms. If any provision of these Terms is
deemed to be invalid, illegal, or unenforceable (in whole or in part), then
that provision will be limited or eliminated to the minimum extent necessary,
and the remaining provisions of these Terms will remain in full force and
effect. You may be subject to additional terms and conditions that govern your
use of third-party services, content, or software.
NO WAIVER
| If we do not exercise
or enforce any legal right or remedy which is set out in these Terms or which
we have the benefit of under any Applicable Law, this will not be construed as
a formal waiver of our rights or remedies, and such rights or remedies will
remain available to us.
RESERVATION
OF RIGHTS AND FEEDBACK | Nothing
in these Terms gives you a right to use the BitMobile name or any of the BitMobile
trademarks, logos, domain names, and other distinctive brand features. All
rights, titles, and interest in and to our Services (excluding content provided
by third parties) are, and will remain, the exclusive property of BitMobile and
its licensors. If you choose to make available any comments, ideas, feedback,
or suggestions, we will be free to use such comments, ideas, feedback, or
suggestions as we see fit and without any obligation to you.
COMPLIANCE
WITH LAW, INCLUDING EXPORT LAW | You
acknowledge and agree to comply with any and all Applicable Laws in using our
Service, including, without limitation, all applicable export restriction laws
and regulations.
SURVIVAL | Any provisions within these Terms that by
their nature should continue to be in effect, including without limitation the
following Sections: License, Disclaimer of Warranty, Limitation of Liability,
Indemnification, and General, shall survive the expiration or termination of
these Terms, and remain valid and binding.
ELECTRONIC
COMMUNICATIONS | You
agree to receive all agreements, notices, disclosures, and other communications
electronically, including by email, push notification, pop-up, or text.
SERVICES
SPECIAL TERMS
These Terms generally apply to all of our
services, while the terms in this Section (“Special Terms”) only apply to the
specified Services. If there is any conflict between these Special Terms and
the rest of these Terms, the Special Terms will apply, except with respect to
Governing Law/Dispute Resolution. We may additionally provide separate terms,
policies, and guidelines within each Service.
BitMobile Storage
Cloud | Unless otherwise
notified by us regarding the data storage period in this provision or via
separate notice, if you do not use BitMobile Storage Cloud for more than twelve
(12) months, we reserve the right to delete all of your content stored on BitMobile
Storage Cloud. Even if you use BitMobile Cl BitMobile Storage Cloud oud, if you
do not use content in a specific category of BitMobile Storage Cloud (e.g.,
contacts, calendars, photos, videos, keyboard data) for more than twelve (12)
months, we reserve the right to delete the respective category and the content
therein. We will provide you with thirty (30) days advance notice prior to any
such deletion of your content. For purposes of this provision, “use” or “used”
shall mean accessing, uploading to, or downloading content from BitMobile
Storage Cloud. Please note that this provision does not apply while you are
subscribed to a paid option of BitMobile Storage Cloud. If you do not back up
any content from your device to BitMobile Storage Cloud for more than twelve
(12) months, we reserve the right to delete any content backed up from such
device to BitMobile Storage Cloud (e.g. SMS, MMS, app installation package
data, app settings, music files, document files, voice recordings, device
settings). We will provide you with the backup expiration date within the BitMobile
Storage Cloud application starting from thirty (30) days in advance of any such
deletion of your content. If you temporarily back up your data using BitMobile
Storage Cloud ‘s temporary backup service (the service name may be changed from
time to time), you can restore it only within the storage period that was
notified to you when you were temporarily backing up your data. Your data may
be deleted once such notified storage period expires. Be sure to back up your
data regularly and also before the notified storage period expires. You are
responsible for backing up your content to your own storage devices or media,
as we do not guarantee or warrant that you will always be able to retrieve the
content you store or back up through BitMobile Storage Cloud. You acknowledge
and agree that BitMobile is not liable or responsible for any loss that occurs
due to you not taking action to separately back up or store your content.
BitMobile Auth
| YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE OR LOSS IF YOU ALLOW ANYONE THAT IS NOT YOU TO USE
OR HANDLE YOUR DEVICE, YOUR BITMOBILE AUTH, OR YOUR BITMOBILE ACCOUNT. IT IS
YOUR RESPONSIBILITY TO MAINTAIN THE SECURITY OF YOUR DEVICE AND YOUR ACCOUNT.
WE ARE NOT LIABLE FOR ANY LOSSES OR DAMAGES SUFFERED BY YOU DUE TO YOUR LOST,
STOLEN, OR DAMAGED DEVICE. YOU MAY REGISTER YOUR BIOMETRIC INFORMATION TO
VERIFY YOUR IDENTITY WHEN YOU USE BITMOBILE AUTH. THIS HELPS PREVENT OTHERS
FROM USING BITMOBILE AUTH IF YOU LOSE YOUR DEVICE. YOU AGREE TO NOTIFY US
IMMEDIATELY IF YOUR ACCOUNT BECOMES KNOWN TO SOMEONE ELSE OR IS OTHERWISE
COMPROMISED.
BitMobile Digital
Key | You are responsible
for keeping your Digital Key secure. Anyone with access to your device or BitMobile
account will be able to use your Digital Key and any related services, so make
sure not to share your device or BitMobile account with others. You are not
allowed to use someone else’s Digital Key without their permission. Be careful
not to lose your Digital Key or to allow it to be stolen or damaged. BitMobile is
not responsible for any losses or damages caused by you or someone else using
your Digital Key, whether or not you gave them permission.
Advanced intelligence | For the purposes of the Terms, “advanced
intelligence features” shall mean certain features contained in the
Services that help you translate, summarize, or generate various creative
content, among others. These features could be found below, which may be
updated from time to time. For clarity, these features do not include
third-party applications or services. The use of said third-party applications
and services are subject to the applicable third party’s end-user agreement.
A. Call
– Get real-time translation during voice
calls.
B. BitMobile Auth
– Manage your digital key.
C. BitMobile Rewards
– Manage your Rewards.
D. Interpreter
– Live translation of spoken conversations, available
as voice or text output.
E. Voice and Face recorder
– Manage biometric security
Phenix X edu. Advanced intelligence features may generate output
or content (“Output”) based on your input of text, images, pictures,
other applicable information (“Input”).
By using advanced intelligence features, you
acknowledge and agree that:
1 Advanced intelligence features may provide:
1.1 inaccurate, inappropriate, offensive, or
infringing Output, which do not in any way represent BitMobile ’s views or
constitute BitMobile ’s endorsement, warranty, or guarantee of such Output; or
1.2 same or similar, non-unique Output to
multiple users.
2 BitMobile does not make any promises,
assurance, warranties, or guarantees as to the quality, accuracy, fitness for
any particular purpose, completeness, title, non-infringement, authorship,
copyrightability, stability, uptime or reliability of advanced intelligence
features or any Output thereof, whether express, implied, statutory, or
otherwise;
3 Your use of the advanced intelligence
features is subject to your acceptance of and adherence to these Terms,
compliance with any and all Applicable Law, and any additional terms, policies,
and guidelines, including updated versions of these Terms, which may be made
available to you and updated from time to time.
3.1 You may not use the advanced intelligence
features and/or Input/Output thereof:
3.1.1 to disable, interfere with, or
circumvent any aspect of the advanced intelligence features;
3.1.2 to distribute viruses, worms, Trojan
horses, corrupted files, hoaxes, or other items of a destructive or deceptive
nature;
3.1.3 to gain unauthorized access to, disrupt,
or impair the use of the advanced intelligence features, or the software or
equipment used to provide the advanced intelligence features;
3.1.4 to access or use the advanced
intelligence features in a manner intended to avoid incurring otherwise
applicable fees;
3.1.5 to generate, distribute, publish, or
facilitate unsolicited mass messages, email, promotions, advertisements, or
other solicitations;
3.1.6 to copy, modify, create a derivative
work of, reverse engineer, decompile, translate, disassemble, or otherwise
attempt to extract any of the source code of the advanced intelligence features
(except to the extent such restriction is expressly prohibited by Applicable
Law);
3.1.7 to sell, resell, sublicense, transfer,
or distribute the advanced intelligence features;
3.1.8 to engage in, promote or encourage
illegal activity, including child sexual exploitation, child abuse, terrorism
or violence that can cause death, serious harm, or injury to individuals or
groups of individuals;
3.1.9 for any unlawful, invasive, infringing,
harassing, defamatory or fraudulent purpose including Non-consensual Explicit
Imagery (NCEI) (including so-called “revenge porn” and so-called deepfakes),
violating, misappropriating or infringing the intellectual property or privacy
rights of others, phishing, creating a pyramid scheme;
3.1.10 for medical, legal, financial,
psychological or other professional advice. Advanced intelligence features’
Output is for informational or creative purposes and for personal reference
only and should not substitute advice from a qualified or licensed
professional;
3.1.11 to access or use the advanced
intelligence features for activities where the use or failure of the advanced
intelligence features would reasonably be expected to result in death, serious
personal injury, or severe environmental or property damage (such as the
creation or operation of weaponry);
3.1.12 to use the advanced intelligence
features to generate and distribute Output intended to misinform, misrepresent,
or mislead any individual or entity, including but not limited to
i. intentionally misrepresent the origin of
the Output such as by claiming that the Output generated by the advanced
intelligence features has been made or authored by a human when it was not, or
claiming Output as unique, original work;
ii. generating and distributing Output that
impersonates a living or deceased individual, other institutions, or third
parties in order to deceive or misrepresent or for commercial purposes;
iii. using the advanced intelligence features
to make false or misleading claims of expertise or capability including but not
limited to areas that could be considered particularly sensitive such as
health, finance, government services, or legal; or
iv. using the advanced intelligence features
to generate decisions in areas that could have impact on individual rights or
well-being, such as finance, legal, employment, healthcare, housing, insurance,
and social welfare.
v. any use of Output that has or may have a
tendency to deceive, mislead, or otherwise confuse any recipient or viewer, in
whole or in part, must contain and reflect a clear and conspicuous disclaimer
that such Output: (a) was generated by artificial intelligence; (b) may contain
errors or inaccuracies; (c) should not be relied upon as a substitute for
professional advice; and (d) is provided for entertainment purposes only, and
should not be used for any other purpose, such as making financial or legal
decisions or providing medical advice.
3.1.13 to train, fine-tune, or test any other
software, including but not limited to any artificial intelligence, advanced
intelligence, or machine learning models or tools;
3.1.14 to use the advanced intelligence
features in a way that infringes, misappropriates, or violates any person’s
rights, or in a way that encourages infringement, misappropriation, or
violation of any person’s rights; or
4 Ownership of Output. As between you and BitMobile
, subject to the other provisions of these Terms, and to the extent permitted
by Applicable Law, you (i) retain your ownership rights in Input, if any and
(ii) own any original elements of the Output or other portions thereof that
reflect your name, image, or likeness, or are based on Inputs you already own.
5 You are solely responsible for responding to
any and all third-party claims that arise in relation to your use of advanced
intelligence features (under the indemnification provision above and
otherwise), including but not limited to intellectual property infringement or
privacy violation claims or other claims that may be raised in connection with
Output generated by advanced intelligence features.
6 BitMobile may, at any time, change some or
all of its advanced intelligence features to subscription-based features, in
which case BitMobile will provide prior notice.
BitMobile reserves the right to rate limit you
to prevent quality decay or interruptions to the advanced intelligence
features.
Additional
Terms | Additional terms,
policies, or guidelines will be applied for the following Services:
Krptic wallet
·
UniSafeBox Password manager
·
Say-Tec Biometrics
·
BioFi Interactive
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Ethos Metaverse
·
Dogerun
·
Phenix X edu
Phenix
X Authentication
If you have any questions about our Services,
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