Bitross Terms of Service
Effective Date: August 1, 2024
1. Introduction
1.1. Purpose of the Terms: Welcome to Bitross! These Terms of Service, which we may update from time to time, apply to the Bitross Platform, including our website at www.Bitross.com, mobile apps, and any new features we might add. These Terms of Service are important because they help define our relationship with you as you use the Platform. “Bitross,” “we,” “us,” “our,” and other similar terms, shall refer to the party you are contracting with.
1.2. Acceptance of Terms: By using any of the Services or the Platform, you’re agreeing to these Terms of Service. This means you understand and accept all the rules about using our Services. Whether you are contributing to a Fundraiser as a Donor, starting a Fundraiser, withdrawing funds as an Organizer, Beneficiary, or NPO, or otherwise interacting with the Services, these terms apply to you. Depending on where you live, you might be entering into this agreement with Bitross.
1.3. Quick Note on Arbitration: If you’re using Bitross in the United States, Australia or Canada, you need to know about our arbitration agreement. By using our Services, you are agreeing that if there’s a disagreement or legal issue between you and Bitross, it will be resolved through binding arbitration, not in court. You also waive your right to be part of a class action lawsuit or to have a jury trial. Please make sure to read the “Dispute Resolution & Arbitration” section of these Terms of Service for more details.
2. Definitions
These are the key terms that you need to know that will be referenced throughout these Terms of Service:
2.1. Account: A unique account created by a user to access and utilize Bitross’s Services, which includes personal information, credentials, and activity logs.
2.2. Affiliates: Any entity that directly or indirectly controls, is controlled by, or is under common control with Bitross. This includes subsidiaries, parent companies, and any other related entities.
2.3. Beneficiary: The individual, group or entity for whose benefit the corresponding Fundraiser is conducted and who is the intended recipient of the funds raised.
2.4. Certified NPO: Any 501(c)(3) non-profit organization that has successfully enrolled with the PayPal Giving Fund to receive donations.
2.5. Donor: Any individual or entity that contributes funds to a Fundraiser on or through the Services.
2.6. Fundraiser: A campaign initiated on the Services with the goal of raising funds for a specific purpose for a Beneficiary.
2.7. NPO: A non-profit organization (including churches, universities or other educational institutions) that is established for charitable purposes under applicable laws and is eligible to receive donations through the Platform.
2.8. Organizer: An individual or entity (including a non-profit organization) who initiates and manages a fundraiser on the Platform.
2.9. Platform: The entire suite of online Services provided by Bitross and its Affiliates, including our website, mobile applications, and any related services or technologies.
2.10. Recurring Fee: A recurring fixed fee that we may charge when donors set up a recurring donation to a Fundraiser. To learn more about the Platform and the applicable Recurring Fee.
2.11. Services: The various features, functionalities, and tools provided by Bitross and its Affiliates through its Platform, enabling Users to create and manage Fundraisers, donate and interact with each other.
2.12. Services Content: All content and materials provided by Bitross on the Services, including text, graphics, logos, images, and software, excluding User Content.
2.13. Software: The proprietary software and applications provided and owned by Bitross that enable users to access and use the Services.
2.14. Third Party Resources: Any websites, Services, content, or resources provided by entities other than Bitross or its Affiliates, which may be accessible through the Services.
2.15. Transaction Fee: A fee charged by Bitross or its payment processors for processing donations. To learn more about the Platform and the applicable Transaction Fee
2.16. Transfers: The process of moving funds raised through the Services to the Beneficiary’s bank account or other designated account.
2.17. User: Any individual or entity that accesses, registers for, or uses the Platform, including Organizers, Donors, and Beneficiaries.
2.18. User Content: Any content, including text, images, videos, and other materials, that a User posts, uploads, submits, or otherwise makes available or shares with other Users on or through the Services.
2.19. User Conduct: The behaviors and actions of Users while using or otherwise accessing the Services.
3. The Services We Provide
3.1. Description of the Services provided: Bitross provides a crowdfunding platform that enables Users to raise funds using cryptocurrency, primarily Bitcoin, for a variety of projects and causes. We offer tools to create, share, and manage campaigns, as well as the ability to process donations.
We offer a Platform for individuals, entities, or nonprofits to create Fundraisers to collect monetary donations from Donors for themselves or a third party who will benefit from the funds.
3.2. Our Role and Limitations: Our Services are a tool for running Fundraisers and for helping Organizers connect with Donors; we are not a bank, payment processor, broker, charity, or financial advisor. We do not solicit donations, the existence of the Services is not a solicitation of donations, and we do not engage in solicitation activities for ourselves or others on our Platform. All information provided through our Services is for your general knowledge and isn’t meant to be professional advice. If you need specific advice, especially regarding financial, legal, or tax issues, you should consult with a professional. We do not control or endorse any User, Fundraiser, or cause, and we can’t guarantee the success of a Fundraiser. As a Donor, it’s up to you to decide if a cause is worth contributing to.
3.3. Modification, Suspension, or Termination of the Services: We can change, pause, or stop all or some of the Services at any time and for any reason. We will try to avoid any problems this might cause you or others, but sometimes we might not be able to give you advance notice, especially if it’s an emergency or required by law. We are not responsible for any issues that these changes might cause.
4. Account Creation and Eligibility Requirements
4.1. What You Need for Registration: When you sign up to use certain Services, you must provide information that is correct and complete about yourself, your organization, or your NPO. This includes your real name, address, phone number and any photos or videos that you may provide, if you’re organizing the Fundraiser. It’s important to always keep this information up to date to ensure everything runs smoothly. Our Privacy Policy and these Terms of Service govern the registration data and any other information you provide.
4.2. Compliance with Third-Party Services: You might also need to register with third-party payment processors we work with, which may involve agreeing to their terms (provided under the Payment Processor section below). If, at any point, we or our payment processors discover that the information you provided to us is inaccurate, violates our Terms of Service or terms of service of our payment processors, or if you misuse the funds, we may immediately suspend or terminate your access to all or some of our Services. You could also face criminal charges by relevant governmental authorities.
4.3. Age Restrictions: If you are under 13 years old (or under 16 in the European Economic Area, the United Kingdom, or Switzerland), you cannot use the Platform or Services, even with registration. If you’re not yet an adult in your area, which usually means being under 18 or 19 depending on the law where you live, you can only use our Platform or Services with your parent’s or guardian’s permission.
4.4. Keeping Your Account Safe: You are responsible for keeping your password and account information confidential. Do not share your password with anyone. If you think someone else has used your Account without your permission, you should tell us right away. Also, always remember to log out of your Account when you’re done using it, especially if you’re on a computer that others can use too. If you don’t keep your Account safe and comply with these Terms of Service, Bitross won’t be responsible for any losses that you may incur.
5. Payment Processors
All transactions on Bitross are processed using third-party payment processors that specialize in cryptocurrency. Bitross does not directly handle or store any cryptocurrency. By using the platform, you agree to the terms of these third-party services and assume any risks associated with using them.
Bitross itself does not hold any funds raised on our Platform, nor does it handle the actual processing of payments. Instead, we use third-party payment processors to manage and process all donations for Fundraisers. To Transfer funds from a Fundraiser, you must provide your bank account details to our payment processor partners.
6. User Responsibilities and Obligations
6.1. Organizers: As an Organizer, you represent and warrant that all the information you provide (whether directly, or through an agent or by using artificial intelligence) about your Fundraiser is accurate, complete, and clear. You are responsible for describing on your Fundraiser how funds will be used, and ensuring the funds raised are only used for that specific purpose. You may post updates to your Fundraiser so Donors know how their money is being used, and any other relevant information. If you are raising funds on behalf of someone else, you must ensure that all funds raised are given to or spent on behalf of that Beneficiary. By adding a Beneficiary, you relinquish control of the donations for your Fundraiser to the Beneficiary. When you organize a Fundraiser, you agree to follow all laws and regulations related to your Fundraiser, including but not limited to those about taxes and donations. If you are using personal data from anyone, including but not limited to their name, image or likeness, you must have their valid legal permission to share it with us and post it on the Services. You also agree not to provide or offer to provide goods or services in exchange for donations. We may share information about your Fundraiser with Donors, the Beneficiary, legal authorities, and as otherwise described in our Privacy Policy.
6.2. Donors: When you donate money on Bitross, it’s your responsibility to understand how your donation will be used, and you donate at your own risk. Make sure to regularly check the Fundraiser’s page for any updates or new information. We are not responsible for what Organizers promise or offer in their Fundraisers. We are also not responsible for verifying information that appears on Fundraisers, nor do we guarantee that Donations will be used in accordance with any fundraising purpose prescribed by a User or Fundraiser. However, we take all reports of fraud or misuse of funds very seriously, and we will take appropriate action against any Fundraiser or User that violates our Terms of Service.
(a) Making Donations: When you donate to a Fundraiser or NPO through Bitross, you need to use a credit card or other payment method that is linked to your Account. You represent and warrant that your payment information is correct and that you are legally authorized to use your payment method. There may be a minimum amount you can donate, and once you donate your money will not be refunded unless Bitross decides to give a refund in special cases. We use third party payment processors to process your donation. As explained further in Section 5 “Payment Processors”, by donating, you also agree to allow our payment processors to handle your payment information according to their rules and these Terms. For details on the companies we use for processing payments and their rules, please check the “Payment Processors” section above.
(b) Recurring Donations: By opting into recurring donations, you authorize Bitross and its vendors to charge your designated payment method without further authorization from you. You agree that the donation amount you specify will be charged to your payment method at the frequency you select (e.g., monthly) until the earlier of (1) the Fundraiser ceasing to be a valid, active Fundraiser or (2) as soon as reasonably practical, after you elect to cancel this recurring donation.
(i)You may cancel your recurring donation at any time by contacting our Support Team or through the cancellation feature in your account as part of Services. Cancellation will take effect promptly upon receipt of your cancellation request, and no further donations will be processed after the cancellation date. However, any donations processed prior to your cancellation will not be refunded unless due to other reasons such as the fundraiser not being valid.
(c) Refunds and Disputes: If you believe that an error has occurred in any of your donations, please contact us immediately so we can help resolve the issue. Any fraud disputes or chargebacks initiated with your payment provider may be contested by us on the basis of this authorization.
6.3. NPOs: If you’re using the service to fundraise as an agent for an NPO or claiming or managing an account for an NPO on our Services, you represent and warrant that you are authorized to do so and will follow all applicable laws. We may seek additional verification to confirm that you are authorized to act on behalf of the NPO as needed. Your NPO must be legally recognized as and continue to remain tax-exempt and registered with the appropriate authorities, like the IRS in the United States or the Canada Revenue Agency in Canada.
6.4. Tax Responsibilities for Organizers, NPOs and Beneficiaries: We do not withhold funds for tax purposes or otherwise. You, as an Organizer, Beneficiary, or NPO, are solely responsible for paying any applicable taxes in connection with any donations you receive. It’s up to you to calculate, report, and pay the correct amount of tax to the tax authorities.
7. Transfers, Holds & Chargebacks
7.1. Transfers: While we strive to make Transfers available to you promptly, our ability to do so is dependent upon Users providing the right information and upon our technical systems operating as intended. You acknowledge and agree that: (i) Transfers may not be available to you for use immediately; (ii) we do not guarantee that Transfers will be always available to you within any specific time frame, but we will use commercially reasonable efforts to provide Transfers as soon as reasonably possible; (iii) you will cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Service; and (iv) to the extent permitted by applicable law, we expressly disclaim any and all responsibility for any delay in Transfers or your inability to access and use donated funds at any specified time, and any consequences arising from such delay or inability. We will use commercially reasonable efforts to let you know when you can expect to receive the Transfer and to provide a clear timeframe whenever possible.
(a) You must provide accurate info: You, as an Organizer and/or Beneficiary, are responsible for (i) verifying your personal information and bank account information under “Set up transfers” as soon as possible; and (ii) ensuring that the information you provide to Bitross and/or its Affiliates in order to process a Transfer, including bank account information, is accurate and up to date.
(b) Refunds: We may, without notice and in our sole discretion, offer or issue a refund of Donation(s), which may comprise the entire amount donated to your Fundraiser. To the extent permitted by applicable law, we are not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by us issuing refunds, including,
8. Prohibited Fundraisers and Related User Content
This Section includes our rules about prohibited and/or illegal Fundraisers and User Content. We may remove any User Content–including any Fundraisers–that we determine violates these Terms of Service. Further, if you violate these Terms of Service, we may ban or disable your use of the Services, stop payments to any Fundraiser, freeze or place a hold on donations and Transfers, report you to law enforcement authorities, or take any other appropriate legal action.
We may investigate a Fundraiser, a User or User Content at any time to ensure compliance with these Terms of Service. In doing so, we may consider all available material, including but not limited to social media, related news, and any other information that we deem relevant in our review. Please note that while we reserve the right to remove, edit, or modify any content on our Platform at our sole discretion, we are not obligated to do so. This includes content that is illegal, inaccurate, misleading, infringes on intellectual property rights, or violates these Terms of Service.
You agree that you will not use the Services or Platform to raise funds or establish any Fundraiser for the purposes of promoting or involving:
8.1. the violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers that are utilized in connection with the Services;
8.2. Fundraisers that are fraudulent, misleading, inaccurate, dishonest or impossible;
8.3. offensive, graphic, perverse or sexual content;
8.4. the funding of a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
8.5. purchase or use by an organization or individual of drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal, or prohibited at the state or national level;
8.6. activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority and by our payment service providers;
8.7. any equipment or weapons meant for use in conflict or by an armed group, explosives, ammunition, firearms, knives, or other weaponry or accessories;
8.8. any activity in support of terrorism, extremism, hate, violence, harassment, bullying, discrimination, terrorist financing, extremist financing, or money laundering;
8.9. User Content that reflects, incites or promotes bullying, harassment, discrimination, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, disabilities or diseases;
8.10. the legal defense of financial and violent crimes, including those related to money laundering, murder, robbery, assault, battery, sex crimes or crimes against minors;
8.11. User Content that promotes self-harm or suicide except as permitted by law in a clinical setting;
8.12. gambling, gaming and/or any other activity with an entry fee and a prize including, but not limited to raffles, casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving rewards (monetary or otherwise) in exchange for donations, including event tickets, raffle entries, meet-and-greet opportunities, gift cards or sweepstakes;
8.13. any activity that disguises, conceals, or otherwise obscures the origin of funds;
8.14. annuities, investments with the expectation of a return, loans, equity or lottery contracts, lay-away system, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., investment opportunities or other services, that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
8.15. the receipt or grant of cash advances or lines of credit to yourself or to another person for any reason, including but not limited to self payments, or payments for which there is no apparent purpose;
8.16. products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party, including but not limited to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
8.17. the sale or resale of goods or services;
8.18. electoral fundraising unless the Fundraiser is directly managed by the candidate or their committee; any election Fundraiser in an unsupported country unless run by a registered organization within a supported country;
8.19. any attempt to bypass or otherwise circumvent payment processing rules and regulations, or these Terms of Service;
8.20. any activity that presents Bitross with an unacceptable risk of financial loss;
8.21. any other activity that Bitross may deem, in its sole discretion, to: (a) be unacceptable or objectionable; (b) restrict or inhibit any other person from using or enjoying the Services; or (c) expose Bitross, its employees or Users to any harm or liability of any type.
Please note that if you are located in the United Kingdom, you will be permitted to offer give-away incentives (e.g., one sticker, while supplies last, for every donation made) in connection with Your Fundraiser. Otherwise, You are not permitted to offer any contest, competition, reward, give-away, raffle, sweepstakes or similar activity (each, a “Promotion”) on or through the Services.
9. Prohibited User Conduct
This Section includes our rules about User Conduct that is prohibited and/or illegal. We may remove any User Content–including any Fundraisers–if we determine that a relevant User has engaged in User Conduct that violates these Terms of Service. Further, if you violate these Terms of Service, we may ban or disable your use of the Services, stop payments to any Fundraiser, freeze or place a hold on donations and Transfers, report you to law enforcement authorities, or otherwise take appropriate legal action.
By using the Services or our Platform, you agree:
9.1. not to use the Services to transmit or otherwise upload any User Content that: (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; or (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
9.2. not to interfere with or disrupt servers or networks connected to or used to provide the Services or their respective features, or disobey any requirements, procedures, policies or regulations of the networks connected to or used to provide the Services;
9.3. not to harvest, collect, scrape or publish personally identifiable information of others;
9.4. not to raise funds for a minor without the express permission of the minor’s guardian unless the funds are Transferred into a trust, UTMA or UGMA account for the sole benefit of the minor;
9.5. not to use the Services on behalf of a third party or post any personal data or other information about a third party, without the express consent of that third party;
9.6. not to use another User’s Account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent an NPO or Fundraiser through the Services, or post User Content in any inappropriate category or areas on the Services;
9.7. not to create any liability for Bitross or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers;
9.8. not to gain unauthorized access to the Services, or any account, computer system, or network connected to the Services, by any unauthorized or illegal means;
9.9. not to obtain or attempt to obtain any materials or information not intentionally made available through the Services;
9.10. not to use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contain advertising, except that using the Services for fundraising activities in accordance with these Terms of Service is expressly permitted;
9.11. not to transmit more request messages through the Services in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
9.12. not to undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services;
9.13. not to share your password or login credentials with anyone for any reason;
9.14. not to make or accept any Donations that you know or suspect to be erroneous, suspicious or fraudulent;
9.15. not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC) nor as applicable in your country;
9.16. not to attempt to undertake indirectly any of the foregoing.
9.17. to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation, adhering to any security procedures and controls required by Bitross from time to time;
9.18. to maintain a copy of all electronic and other records related to Fundraisers and Donations as necessary for Bitross to verify compliance with these Terms of Service and make such records available to Bitross upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and
9.19. at Bitross’s request, to cooperate as far as reasonably possible and permitted under applicable law, in the auditing of, investigation of (including without limitation, investigations by Bitross, a Payment Processor, or a regulatory or governmental authority), and remedial efforts to correct any alleged or uncovered violation or wrongdoing of a User to whom, or Fundraiser or Donation to which, you are connected.
10. Content Moderation and Reporting Fundraisers
If you have reason to believe that a Fundraiser contains illegal content or content that violates these Terms of Service or our content moderation policies, please use the “Report” button on the Fundraiser to alert our team of this potential issue and we will investigate. If you disagree with a decision taken by us in connection to a notice or complaint related to User Content and/or use of the Platform that is illegal or prohibited by Bitross, you may use our available dispute resolution systems.
We leverage a combination of business rules, machine learning, and human review to identify and remediate violations of our Terms of Service. Additional information related to how we moderate User Content, how we protect individuals from illegal content, the process for reporting or appealing violations, the process for handling and resolution of complaints and the dispute resolution systems available can be found. You acknowledge that rules in this section concerning content moderation are without prejudice to policies/procedures available in our Help Center regulating how we moderate User Content, how we protect individuals from illegal content, the process for reporting or appealing violations, the process for handling and resolution of complaints and the dispute resolution systems available.
11. Fees
11.1. Platform Fee: A Platform fee is an upfront, calculated charge, either fixed or percentage-based, for accessing or using a specific service on a Platform. We do not charge a Platform fee, and we do not charge to start or maintain a Fundraiser.
Bitross charges a 7% platform fee on all funds raised through the platform. This fee is deducted from the total amount at the end of a successful campaign before the funds are transferred to the Campaign Creator’s Bitcoin wallet. Users are responsible for any additional fees charged by third-party payment processors.
12. Intellectual Property Rights, Content Ownership and Licenses
12.1. Ownership and intellectual property: You acknowledge that the Services Content are protected under laws related to copyright, patent, trademark, and other proprietary rights. The technology and Software that support the Services, or are distributed in connection with them, are owned by Bitross, our Affiliates, and our partners.
12.2. Use of Bitross Trademarks: The Bitross name and logos are trademarks of Bitross and its Affiliates (collectively the “Bitross Trademarks”). Other company, product, and service names and logos displayed on our Services or Platform may be trademarks of their respective owners, who may or may not be affiliated with us. Nothing in these Terms of Service or our Services gives you permission to use any Bitross Trademarks without our prior written consent. All goodwill generated from the use of Bitross Trademarks benefits us exclusively.
12.3. Do Not Misappropriate Content on our Site: You agree not to alter, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Services Content. You agree not to use any data mining, spiders, robots, scraping, or similar data gathering or extraction methods to extract or copy any of the Services Content in any form or otherwise in connection with your use of the Services. If we block your access to the Services (including blocking your IP address), you agree not to bypass this blocking (for example, by masking your IP address or using a proxy IP address). Any rights not expressly granted herein by us are reserved.
12.4. Do Not Misappropriate our Software: You are prohibited from copying, modifying, creating derivative works of, reverse engineering, disassembling, or attempting to discover any source code of the Software or the Services in any form.
12.5. Rights and Permissions for User Content You Share: When you share content through our Services, you represent and warrant that you either own the content or have permission to use and share it. This includes all related copyrights, trademarks, and rights to privacy or publicity. When you upload, share, or make any User Content available in connection with the Services, you grant Bitross and its Affiliates the worldwide, royalty free, transferable, sublicensable, perpetual, irrevocable license to copy, display, distribute, store, modify, publish, prepare derivative works, or otherwise use that User Content for any purpose, including, with your prior consent, for the promotion, advertisement or marketing of our Services in any form of media. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or Bitross’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.
12.6. Release and Waiver of Rights in User Content: When you post any User Content and to the maximum extent permitted by law, you irrevocably waive any moral rights in your User Content against us and our Users, and agree to release and hold harmless Bitross, our contractors and our employees from (i) any claims for invasion of privacy, publicity or libel; (ii) any liability from the use of your name, image, or likeness, including blurring, distortion, alteration or other uses; and (iii) any liability for claims made by you related to your User Content, name, image or likeness. By posting User Content, you also waive any right to inspect or approve any intermediary or finished versions of your User Content. If your User Content includes anyone other than yourself, you represent and warrant that you have obtained all necessary permissions, waivers, and releases from those individuals. This ensures that Bitross can use the content as described above without any legal issues.
12.7. User Submissions and Feedback: Any content or information you provide to Bitross, whether solicited or not, may be publicly accessible. This includes any information you post on forums, in comment sections, surveys, customer support communications, or any other submissions such ideas, suggestions or feedback about the Services (“Submissions and Feedback”). By submitting any Submissions or Feedback, you agree that (i) we have no obligation to keep Submissions or Feedback confidential; (ii) we may already have similar information under consideration or development; (iii) we can use and distribute Submissions and Feedback for any purpose, without acknowledgement or compensation to you; (iv) you have all necessary rights to submit such Submissions and Feedback; (v) you grant Bitross a perpetual, worldwide, royalty-free, irrevocable, non-exclusive, and fully transferable license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise exploit other information, including the right to sublicense these rights; and (vi) You waive any moral rights or equivalent claims to the extent permitted by law. This section remains effective even after your Account or use of the Services is terminated.
12.8. Copyright or Trademark Complaints: We respect the intellectual property of others, and we ask that our Users do the same. We will process and investigate notices of alleged copyright or trademark infringement and take appropriate action under the Digital Millennium Copyright Act (“DMCA”) or other locally equivalent intellectual property laws. In our sole discretion, we may terminate the Accounts of any Users who infringe on others’ intellectual property rights
(a) Takedown Notice: If you believe that your work appears on our site in a way that constitutes copyright infringement, or that your intellectual property rights have otherwise been violated, you must notify us in writing, as follows:
13. Data Privacy and Artificial Intelligence
13.1. Privacy Notice: At Bitross, we respect the privacy of our Users. For details, please see our Privacy Policy. By using the Services, you acknowledge our collection, use and sharing of personal data as outlined therein.
13.2. Retention of Fundraiser Data: We are not obligated to retain data related to any Account or Fundraiser after its conclusion. We may delete historical data or terminate inactive Accounts without notice, except for any data we must keep to comply with legal obligations or to establish, exercise or defend legal claims. When possible, we will try to provide NPOs with reasonable notice before deleting Accounts or data tied to them.
13.3. Understanding Public Visibility and Privacy Settings: Some things you do on our Platform are public, like the posts you make and the material you upload (this could be anything from descriptions, photos, videos, comments, to music and logos). Also, the profile information you provide (like your name, organization, and biography) can be seen by other Users to help people connect within the Service. For example, if you’re organizing a Fundraiser, you might share personal details, such as a hospital stay, which are sensitive. If you’re donating, you can choose to show your donation publicly, meaning anyone on the internet, including search engines like Google, can see it. If you want to keep your donation private, just check the “Don’t display my name publicly on the fundraiser” box when you donate. Keep in mind, the Fundraiser Organizer, their team, the Beneficiary and others will still see your information according to our Privacy Policy.
13.4. Third-Party Communications: When using our Services to communicate with third parties (e.g., referring someone or discussing a Fundraiser or Donation), you (i) confirm you have the authority and necessary consents from the third party to share their data with us and that you have informed them about how their information will be collected and used by Bitross; and (ii) agree that we may identify you as the person who made the referral in any messages sent to the third party. You also agree that we may use such data to contact the third party or provide you with a template message to facilitate communication and that we may send reminders or related messages to you and the third party.
13.5. Artificial Intelligence: We’re constantly developing new technologies and features to improve our Services. For example, we may enable you to use artificial intelligence developed by us and/or our vendors to make it easier for you to write, create assets or other content and promote your use of our Services such as helping you draft posts or create photos or videos to share your campaigns, or for optimizing the use of our Services. Use of such features is optional, offered solely as a convenience to you, and such features are offered on an as-is basis with no warranties of any kind. Any output generated by use of any such Services enabled by artificial intelligence and machine learning is probabilistic and should be evaluated for accuracy as appropriate for your use case, including by employing human review of such output. It is also possible that output through the use of large language models is not always unique across customers and the Services may generate the same or similar results across multiple Users.
14. Third-Party Services and Content
14.1. Other Third Party Websites/Links/Services. Bitross may contain links to third-party websites or services that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of these third-party services. Your interactions with such services are solely at your own risk.
15. Suspension or Termination of Accounts
You agree that we may, in response to concerns of fraudulent or illegal activity or a material breach of these Terms of Service, suspend or terminate your Account (or any part thereof) or your access to the Services and remove and discard any User Content or data at any time, including any Fundraisers you may have organized. To the extent permitted by applicable law, we may take any such actions without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. We may take such actions with or without providing you notice.
16. Disclaimers and Limitations of Liability
16.1. Warranty Disclaimer: YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EACH OF BITROSS AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WITHOUT PREJUDICE TO STATUTORY WARRANTIES UNDER APPLICABLE LAW, AND WITHOUT PREJUDICE TO CONTENT MODERATION REQUIREMENTS WHERE PRESCRIBED BY APPLICABLE LAW, NEITHER BITROSS NOR ANY OF ITS AFFILIATES MAKE ANY WARRANTY OR CLAIM THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
ALL THIRD-PARTY INFORMATION AND CONTENT ON THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. BITROSS AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF THIS INFORMATION. NO CONTENT IS INTENDED TO PROVIDE FINANCIAL, LEGAL, TAX, OR OTHER PROFESSIONAL ADVICE. BEFORE MAKING DECISIONS ABOUT FUNDRAISERS, NPOS, DONATIONS, OR ANY RELATED INFORMATION, CONSULT WITH YOUR FINANCIAL, LEGAL, TAX, OR OTHER PROFESSIONAL ADVISOR. YOU ACKNOWLEDGE THAT YOU ACCESS ALL INFORMATION AND CONTENT ON THE SERVICES AT YOUR OWN RISK.
WE DO NOT GUARANTEE THAT ANY FUNDRAISER WILL RECEIVE A SPECIFIC AMOUNT OF DONATIONS OR ANY DONATIONS AT ALL. WE DO NOT ENDORSE ANY FUNDRAISER, USER, OR CAUSE, AND WE MAKE NO GUARANTEES ABOUT THE ACCURACY OF INFORMATION PROVIDED THROUGH THE SERVICES. AS A DONOR, YOU MUST DETERMINE THE VALUE AND APPROPRIATENESS OF CONTRIBUTING TO ANY USER OR FUNDRAISER.
16.2. LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BITROSS NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY: (I) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES; (II) DAMAGES FOR LOSS OF PROFITS; (III) DAMAGES FOR LOSS OF GOODWILL; (IV) DAMAGES FOR LOSS OF USE; (V) LOSS OR CORRUPTION OF DATA; OR (VI) OTHER INTANGIBLE LOSSES (EVEN IF BITROSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (C) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BITROSS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID BITROSS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US$100).
YOU AGREE THAT NEITHER BITROSS NOR ANY OF ITS AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY CONTENT OR MATERIALS OF ANY THIRD PARTIES (INCLUDING USERS) OR ANY USER CONTENT (INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY USER CONTENT), OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SUCH USER CONTENT. YOU ACKNOWLEDGE THAT BITROSS DOES NOT PRE-SCREEN ALL USER CONTENT, BUT THAT BITROSS AND ITS DESIGNEES WILL HAVE THE RIGHT (BUT NOT THE OBLIGATION) IN THEIR SOLE DISCRETION TO REFUSE, REMOVE, OR ALLOW ANY USER CONTENT THAT IS AVAILABLE VIA THE SERVICES AT ANY TIME AND FOR ANY REASON, WITH OR WITHOUT NOTICE, AND WITHOUT ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIMS, DAMAGES, COSTS OR LOSSES RESULTING THEREFROM. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR THE OUTCOME OR SUCCESS OF ANY FUNDRAISER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
17. Indemnification and Release
17.1. Obligations of Users to Indemnify Bitross against certain types of claims: To the fullest extent permitted by applicable law, You agree to release, indemnify and hold Bitross and its Affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses (including reasonable attorneys’ fees), costs, awards, fines, claims, and actions of any kind, arising out of or relating to your use of the Services, any Donation or Fundraiser, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. You agree that Bitross has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify Bitross for the costs of its defense.
18. Dispute Resolution & Arbitration
18.1. PLEASE READ THIS SECTION CAREFULLY BEFORE USING THE SERVICES OR PLATFORM AS THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW CLAIMS THAT YOU AND WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED. This Agreement requires you to arbitrate disputes with Bitross and limits the manner in which you can seek relief. This Agreement limits certain legal rights, including the right to a jury trial, the right to participate in any form of class, collective, or representative claim, dispute or action, and the right to certain remedies and forms of relief. Other rights that we or you would have in court, such as an appellate review, also may not be available in the arbitration process described within this section.
(a) Informal Resolution: You and Bitross agree that good-faith informal efforts to resolve disputes can often result in a prompt, low-cost and mutually beneficial outcome. In the unlikely event that a disagreement arises between you and Bitross regarding any claim or controversy at law or equity arising out of, relating to, or connected in any way with the Services or the Platform (collectively, “Dispute”), prior to initiating any legal action, you must first contact us directly by email at contact@bitross.com You must provide your name, the email address associated with your Bitross account (if any), a description of the Dispute and the specific relief sought.
You agree that the term “Dispute” in these Terms of Service will have the broadest meaning possible. These Terms also cover any Dispute between you and any officer, director, board member, agent, employee, affiliate of Bitross, or third party if Bitross could be liable, directly or indirectly, for such Dispute. This includes any Disputes arising out of or relating to your relationship with us, including without limitation, disputes related to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof, your use of the services, and/or any rights of privacy and/or publicity.
During the 60 days from the date you first contacted us, you and we agree to engage in good faith efforts to resolve the Dispute. You will not initiate any legal action during this period. At a minimum, we will personally meet and confer, via telephone or videoconference as part of an informal dispute resolution conference. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. An extension of time may be mutually agreed upon by you and us.
Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration or legal action. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
(b) Binding Arbitration Agreement & Class Action Waiver: YOU AND BITROSS AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR OUR SERVICES IS PERSONAL TO YOU AND BITROSS. YOU AND BITROSS AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS AND NOT IN A COURT OF LAW. YOU AND WE HEREBY EXPRESSLY WAIVE ANY RIGHTS TO SUE IN COURT AND RECEIVE A TRIAL BY JUDGE OR JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration proceedings and arbitration outcome are subject to certain confidentiality rules, and judicial review of the arbitration outcome is limited. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. This Agreement to arbitrate such disputes, claims or controversies shall be referred to herein as the “Arbitration Agreement”.
Notwithstanding the foregoing, the Arbitration Agreement shall not require arbitration of the following Disputes: (i) qualifying individual Disputes in small claims court, so long as such individual action remains in such small claims court and advances only on an individual (non-class, non-representative) basis; (ii) an enforcement action through the applicable federal, state, or local agency if that action is available; or (iii) injunctive or other equitable relief in a court of competent jurisdiction for any dispute related to the actual or threatened infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents).
19. Changes to the Terms
19.1. Policies regarding how changes to the Terms of Service will be communicated and implemented: We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. Where possible we will provide 30 days’ notice of substantive changes to these Terms of Service and, if appropriate, we may inform Users of such changes via email or other appropriate means. Changes may be made at short or no notice where a change is required by law. When we make a change, we will post the revised Terms of Service on this page and will indicate the date of such revision. Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms of Service. If you do not wish to accept the new Terms of Service, you should discontinue your use of the Services.
19.2. English Version Binding: To the extent allowed by applicable law, the English language version of these Terms of Service is binding and their translations in other languages are for convenience only; in case of discrepancies between the English version of these Terms of Service and their translations, the English version shall prevail.
20. Miscellaneous
20.1. Entire Agreement: These Terms of Service constitute the entire agreement between you and Bitross and govern your use of the Services and the Platform, superseding any prior agreements between you and Bitross with respect to the Services. You also may be subject to additional terms of service that may apply when you use affiliate or third-party services, third-party content or third-party software.
20.2. Governing Law: In the event of a dispute, you agree to first attempt to resolve the issue with Bitross informally. If the dispute cannot be resolved, it shall be subject to binding arbitration, in accordance with the applicable laws of Singapore. You waive your right to a jury trial or to participate in a class action lawsuit.
20.3. Waiver: The failure of Bitross to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
20.4. Severability: If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
20.5. Printed Version: A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
20.6. Assignment: You may not assign these Terms of Service without the prior written consent of Bitross, but Bitross and/or its Affiliates may assign or transfer these Terms of Service, in whole or in part, without restriction. For the sake of clarity, Bitross and/or its Affiliates may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, reorganization or sale of equity or assets, or by operation of law or otherwise.
20.7. Section Titles: The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
20.8. Notices: To the extent permitted by applicable law, notices to you may be made via email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platform.
20.9. Force Majeure: Except to the extent provided otherwise under applicable law, Bitross shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war or threats of war, terrorism or threats of terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, governmental regulation or advisory, recognized health threats, as determined by the World Health Organization, the Centers for Disease Control, or local government authority or health agencies, strikes or shortages or curtailment of transportation facilities, fuel, energy, labor or materials.
21. Questions? Concerns? Suggestions?
Please visit our About page to learn more about Bitross’s Services and Platform or contact us to report violations or pose any question.