The legal stuff.
Introduction
Definitions
Use of Service
Content and Intellectual Property
Fees and Payment
Referral or Partnerships
Refund Policy
Privacy and Personal Data
Bitwire Terms & Conditions
Effective date: October 2nd, 2024
Last updated: October 2nd, 2024
1. Introduction
a. Welcome
Welcome to Bitwire. We are pleased to offer you access to our newswire which is a service that distributes press releases and news stories from organizations to media outlets and the public.
b. Service Description
Bitwire is a press release and news distribution service focused on the general business community and the innovation sectors such as fintech, AI, bitcoin, web3 and crypto. Our service facilitates the dissemination of crucial information and updates about projects, companies, and developments.
Bitwire LLC is incorporated in Delaware with a registered agent address at 800 N State Street Suite 301, Dover, Delaware 19901, United States. Our principal business place is 11150 West Olympic Blvd, Suite 1050, PMB 1110, Los Angeles, California 90064, United States.
c. Acceptance of Terms
By accessing or using our services, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to any part of these Terms, we request that you not use our services. These Terms constitute a legally binding agreement between you and Bitwire LLC.
d. Eligibility
Our services are intended for users over 18 years old. By using our services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this agreement under the laws of both Delaware and California, as well as the laws of your jurisdiction.
e. Modifications
We reserve the right to modify these Terms at any time as the business develops and offers additional services. If we make changes to these Terms, we will post the revised Terms on our website and update the "Last Updated" date at the top of these Terms.
f. Electronic Communications
By using our services or emailing us, you are communicating with us electronically. You agree to receive communications from us electronically. We will communicate with you via email, social media, desktop notifications or by posting notices on our website among others. For contractual purposes, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
2. Definitions
- User: Refers to any individual or entity that accesses or uses our services, whether registered on our platform or not.
- Content: Includes, but is not limited to, text, data, articles, images, photos, graphics, software, applications, videos, music, sound, and other materials that can be viewed or accessed through our services.
- Press Release: An official statement or announcement issued to the media for public distribution, related to cryptocurrencies, blockchain, or related topics.
- Services: Refers to all products, services, content, features, technologies, or functionalities offered by Bitwire LLC, including all websites, applications, and related services.
- Account: The personal, non-transferable registration created by a User to access and use our Services.
Crypto Definitions
- Cryptocurrency: A form of digital or virtual currency that uses cryptography for security and operates independently of a central bank.
- Blockchain: A decentralized and distributed ledger system that maintains a secure, transparent, and permanent record of digital transactions.
- DeFi (Decentralized Finance): Financial systems based on blockchain technology that operate without centralized intermediaries.
- Token: A unit of value issued by a private organization, representing an asset or utility on a blockchain.
- ICO (Initial Coin Offering): A fundraising method using cryptocurrencies, typically conducted by startups to bypass regulated capital-raising processes required by venture capitalists or banks.
- Mining: The process by which new transactions are verified and added to the blockchain, and also the process by which new units of cryptocurrency are issued.
- Wallet: A physical or online device or program that stores public and/or private keys for cryptocurrency transactions.
3. Use of Service
a. Account Registration
- To use our services, you must create an account by providing accurate and up-to-date information.
- Required information includes your full name, a valid email address, and a secure password.
- You are responsible for maintaining the confidentiality of your account and password.
- You must notify us immediately of any unauthorized use of your account.
- You must be at least 18 years old to use our services.
- We reserve the right to refuse service, terminate accounts, or cancel orders at our discretion.
b. User Responsibilities
- You are responsible for all content you submit through our service.
- You must ensure that you have all necessary rights to publish your content.
- You must verify the accuracy of the information before submission.
- It is your responsibility to ensure that your content complies with all applicable laws and regulations.
- You must keep your contact information updated to receive important service notifications.
c. Use Restrictions and Permissions
The use of our service is subject to the following restrictions and permissions:
- Prohibited Activities: You must not use our service to promote pyramid schemes, cryptocurrency-related scams, or to evade financial or securities regulations. The use of bots or automated systems to publish content without our explicit approval is also prohibited.
- Access Restrictions: You must not attempt to access areas of the service to which you do not have permission.
- Company Mentions: Obtain permission from authorized representatives of any third-party companies before submitting any press release that mentions them.
- Original Content: Ensure all submitted content is original and unique. Avoid using templated, copyrighted, or unauthorized material.
- Written Authorization: In specific cases, such as network marketing, stock ticker symbols, or major corporate announcements, written authorization from an executive or authorized representative may be required before submitting content.
4. Content and Intellectual Property
a. User Content Rights
- You retain all intellectual property rights over the content you submit.
- By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and distribute such content in connection with our services.
- This license allows us to display, distribute, and promote your content through our channels and partners.
- You warrant that you have all the rights necessary to grant us this license.
b. Prohibited Content
To maintain the integrity and quality of our press release distribution service, the following types of content are prohibited:
- Non-public or Misleading Information: Content that discloses non-public material information about cryptocurrencies or blockchain projects, or includes false or misleading information about the performance of cryptocurrencies.
- Infringement of Intellectual Property: Content that violates third-party intellectual property rights, including unauthorized use of copyrighted material.
- Advertisements: Press releases primarily focused on promoting products or services without substantial newsworthy elements are not accepted.
- Illegal or Defamatory Content: Content that promotes illegal activities, is defamatory, obscene, or incites hate, racism, or violence.
- Malware and Harmful Code: Any content containing viruses, malware, or harmful scripts designed to damage or disrupt systems.
- Unauthorized Ticker Symbols: Use of stock ticker symbols without proper authorization from the respective companies.
- Duplicate or Unverified Content: Reprints of previously distributed content, unsubstantiated claims, or content that cannot be independently verified.
- Get-rich-quick Schemes: Content promoting financial scams, get-rich-quick schemes, or unregulated financial services.
- Sexually Explicit or Gambling Content: Content involving adult material or promoting online gambling is strictly prohibited.
5. Fees and Payments
a. Pricing Structure
We offer flexible pricing options that will evolve over time to meet the diverse needs of our users. The current prices & terms for our services will be listed on our website and may be subject to change with prior notice.
b. Bulk Pricing
We may provide bulk pricing to agencies or businesses that have a portfolio of companies.
c. Payment Methods
Bitwire may offer various payment methods through external payment service providers ("Payment Providers") for the convenience of our users.
By choosing to use an external payment method, you acknowledge and agree that: a) The payment transaction will be subject to the terms and conditions of the respective Payment Provider, in addition to these Terms and Conditions. b) Bitwire does not control and is not responsible for the actions or omissions of any Payment Provider. c) You are solely responsible for reviewing, understanding, and complying with the terms and conditions of the Payment Provider you choose to use.
Bitwire shall not be liable for any loss, damage, or inconvenience arising from: a) The unavailability or malfunction of any external payment method. b) Any breach of security or data protection related to the use of external payment methods. c) Any dispute between you and a Payment Provider.
Bitwire reserves the right to add, remove, or modify the available external payment methods at any time without prior notice.
You agree to indemnify and hold Bitwire harmless from any claims, damages, or losses arising from your use of external payment methods.
Bitwire may share necessary information with Payment Providers to facilitate transactions, as outlined herein.
d. Fee Changes
We reserve the right to adjust our fees at any time. Existing users will maintain their current pricing for any services already purchased while they remain valid.
e. Promotions and Discounts
We may offer limited-time promotions or discounts, with the specific terms communicated at the time of the offer.
f. Additional Service Charges
Certain additional services, such as white glove service, PR writing services or priority distribution, may incur extra fees. All such charges will be communicated upfront.
g. Taxes
All fees are exclusive of applicable taxes, which will be calculated and added at checkout according to the relevant tax laws.
h. Subscription Cancellation
Users can cancel their subscriptions at any time. Cancellations will take effect at the end of the current billing period, with no partial refunds for unused time.
6. Referral or Partnerships
We have a partner program that allows affiliate/referral partners to market and refer Bitwire products to prospective customers. The program's scope includes lead identification, marketing and promotion, lead registration, and assistance with contacting commissionable leads. Eligible leads become commissionable only when expressly validated by Bitwire.
Bitwire operates referral, affiliate, and/or partnership programs where we compensate third parties for recommending our services. By using BitWire, you acknowledge and agree to the following:
- Compensation: Bitwire may provide compensation to individuals, businesses, or other entities for referrals, affiliate marketing, or other partnership arrangements that result in new user sign-ups or increased use of our services.
- Independent Recommendations: While Bitwire compensates partners for recommendations, these partners are expected to provide honest, unbiased opinions about our services. Bitwire does not control the content of these recommendations.
- Disclosure Requirements: Bitwire requires all participants in our referral, affiliate, or partnership programs to clearly disclose their relationship with BitWire when making recommendations, in accordance with applicable laws and regulations.
- No Guarantee: Bitwire does not guarantee the accuracy or quality of information provided by our affiliates or partners. Users should exercise their own judgment when evaluating BitWire's services.
- Program Changes: Bitwire reserves the right to modify, suspend, or terminate any referral, affiliate, or partnership program at any time without prior notice.
- Prohibited Practices: Participants in Bitwire's programs are prohibited from engaging in deceptive, fraudulent, or unethical practices to generate referrals or promote BitWire's services.
- User Data: Bitwire may share limited user data with our partners for tracking and compensation purposes, in compliance with our Privacy Policy and applicable data protection laws.
- No Liability: Bitwire shall not be held liable for any disputes, losses, or damages arising from users' interactions with our affiliates or partners, or from any recommendations made by them.
7. Refund Policy
A. Introduction
This refund policy outlines the terms and conditions under which Bitwire LLC may issue refunds for our services. We strive to provide high-quality news distribution services and understand that there may be circumstances where a refund is appropriate.
B. Non-Refundable Services
The following services are generally non-refundable:
- News release writing services
- Editing and proofreading services
- Media list creation and customization
C. Refund Eligibility for Distribution Services
Technical Failures
In the event of a technical failure on our part that prevents the distribution of your news release, we will offer a full refund or a complimentary redistribution of your release, at your discretion.
Delayed Distribution
If we fail to distribute your news release within the agreed-upon timeframe due to reasons within our control, we will offer a partial refund of 50% or a complimentary redistribution, at your discretion.
Incomplete Distribution
If we fail to distribute your news release to all the promised outlets due to reasons within our control, we will offer a partial refund proportional to the percentage of missed outlets or a complimentary redistribution, at your discretion.
D. Non-Publication by Media Outlets
It is important to note that Bitwire LLC does not guarantee publication by any specific media outlet. We distribute your news release to our network of publishers, but each publisher retains the right to decide whether or not to publish the content.
No Refunds for Non-Publication
Refunds will not be issued in cases where one, multiple, or all publishers choose not to publish your news release. Our service is to distribute the release to our network, not to guarantee publication.
Liability Limitation
Bitwire LLC is not liable for any losses, damages, or consequences resulting from a publisher's decision not to publish a distributed news release.
E. Cancellation and Refunds
Once the distribution process has begun, no refunds will be issued except as outlined in Section 7.3.
F. Refund Process
To request a refund, please contact our customer service team at hello@bitwire.com within 7 days of the distribution date. Please provide your order number and a detailed explanation of why you're seeking a refund.
G. Payment of Refunds
Approved refunds will be processed within 10 business days and will be issued using the original payment method.
8. Privacy and Personal Data
A. Data Collection
- We collect personal information that you provide to us directly, such as your name, email address, billing address, and payment details.
- We also collect usage data, including your IP address, device type, web browser, and service usage patterns.
B. Data Usage
- We use your personal information to provide and improve our services, process payments, and communicate with you.
- Usage data is used to analyze trends, administer the site, and track user activity.
- We may use your information to personalize your experience and offer relevant content and offers.
C. Data Sharing
- We do not sell your personal information to third parties.
- We may share data with service providers who help us operate our business (e.g., payment processors, hosting services).
- In the event of a merger, acquisition, or sale of assets, your information may be transferred as part of that transaction.
D. Data Security
- We implement technical and organizational security measures to protect your personal information.
- We use SSL encryption for all transmissions of sensitive data.
- We regularly conduct security audits and penetration tests on our systems.
E. Data Retention
- We retain your personal information as long as your account is active or as necessary to provide you with services.
- We retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
F. Your Rights (under the CCPA)
- Right to know what personal information is collected about you.
- Right to request the deletion of your personal information.
- Right to opt out of the sale of your personal information (although we do not sell personal information).
- Right not to be discriminated against for exercising your privacy rights.
G. Access and Control of Your Data
- You can access, update, or delete your personal information through your account settings.
- You may opt out of receiving marketing communications at any time.
- For requests related to your privacy rights, contact us at hello@bitwire.com
H. Cookies and Similar Technologies
- We use cookies and similar technologies to enhance user experience, analyze traffic, and personalize content.
- You can manage your cookie preferences through your browser settings.
I. International Data Transfers
- By using our service, your information may be transferred and processed in countries outside of your residence.
- We take steps to ensure that data transfers comply with applicable data protection laws.
J. Changes to the Privacy Policy
- We reserve the right to modify this privacy policy at any time.
- We will notify you of significant changes with an updated version published on the website under Terms & Conditions.
K. Minor's Privacy
- Our services are not directed at individuals under 18 years of age.
- We do not knowingly collect personal information from individuals under 18.
L. Contact for Privacy Matters
For any questions or concerns regarding our privacy policy or data practices, contact us at hello@bitwire.com.