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BitOK User Agreement


Last updated: March 30, 2023

1. General Provisions


Welcome to BitOK!

1.1. Thank you for your interest in BitOK. This User Agreement (the “Agreement” or the “User Agreement”) governs your use of the services provided as described below and such other services that may be offered by Bit Okay Inc., address: 1201 N. Orange Street Suite 7160, 19801, Wilmington, Delaware, United States (the “Operator”, “BitOK”, “we”, “us”, and “our”) from time to time (“Operator's Services” or “Services”). By signing up to use a BitOK account or service through bitok.org, the BitOK mobile application, or any other BitOK website, you agree that you have read, understand, and accept all of the terms and conditions contained in this Agreement including our Privacy Policy.
1.2. The Operator or its licensors own the exclusive right to the software of “BitOK” (hereinafter – the “Website Content”).
1.3. By using this Website, you agree to this Agreement. If you don’t agree to this Agreement, then you are not allowed to use the Website and should immediately terminate such usage.


2. Terms and definitions


2.1. Authorization – confirmation of the registered information by the User (mobile phone numbers and/or a unique combination of the e-mail address and password) for access to the Personal account, which is created because of the Registration of the User on the Website.
2.2. Personal account (Account) – the User’s account that is available through the Website, allowing the User to use the Operator's Services in accordance with this Agreement.
2.3. Subscription – the right of the User to receive additional Services in accordance with section 5 of the Agreement and description of Subscriptions available on the Website.
2.4. The User – a person who has reached the age of 18 years and accepted the terms of the Agreement by the complete and unconditional acceptance, effected by Registration on the Website, the fulfillment of the conditions of the Agreement or other implicative actions.
2.5. User Registration – completion of personal data (mobile phone number, email addresses, and password) by the User on the Website to create a Personal account. Registration on the Website is possible by authorization on the Website via Telegram, Binance account, or Google account.
2.6. Website – the Official Site of the Operator on the Internet at https://bitok.org.
2.7. Operator's Services (Services) – services provided by the Operator through the Website, both on a paid and free basis, including, but not limited to, providing access to the BitOK software in order to create tax reporting of an individual on digital currency transactions and other services available on the Website.


3. License


3.1. The Operator grants to the User a non-exclusive, free of charge, non-transferable license to use the content of the Website only within the Website functionality in all countries of the world in the following ways:
3.1.1. to use the Website for its intended functional purpose to receive the Services;
3.1.2. to install and distribute the Website Content for non-commercial (non-profit) purposes.
3.2. To use the Website, the User is obliged to register in accordance with section 4 of the Agreement.
3.3. the Agreement shall enter into force from the moment of acceptance of the offer by the User.
3.4. Except for ways of use that are directly provided by the Agreement or the applicable law, the User has no right to change, decompile, disassemble, decode, and make with the source or object code of the Website other actions aiming to obtain information on realization of the algorithms used on the Website; data harvesting from the database; creation of derivative copyright with use of the Website, or the database; and also use (permission to use) of the Website, or the database, and their elements, data stored on the Website on the device of the User in any other way without the written consent of the Operator.
3.5. Any harvesting, copying, reproduction, processing of data, databases, the content of the Website, distribution, making available to the public on the Internet, any use in programs and services of the third parties, mass media, and/or for commercial purposes without prior written permission of the Operator or other owner is forbidden, except as expressly provided by the Agreement and/or the applicable law.


4. User Registration


4.1. To use the Services, the User shall undergo a registration procedure to create the Personal account. To use the features of the Website, the User shall proceed with Authorization.
4.1.1. During Registration on the Website, the User shall enter the required data in a special registration window, read, and agree with the Agreement by clicking the “sign up” button. These actions constitute an acceptance of the present offer.
4.1.2. Upon successful Registration on the Website, the User is automatically authorized in the Personal account.
4.2. Authorization in the Personal account is performed as follows:
4.2.1. By entering the email address and password specified during registration; or
4.2.2. Through authorization via Telegram, Binance account, and Google account.
4.3. By Registration, every User guarantees to the Operator that the information provided by the User is reliable, exact, correct, and relevant. The User shall maintain this information true and correct. In case the User provides incorrect information, or the Operator has grounds to believe that information provided by the User is doubtful, the Operator has the right to block the Personal account of the User and to prohibit the User from using the Website (or particular Services available on the Website).
4.4. User's information contained in the Personal account is stored and processed by the Operator in accordance with the Privacy policy available on the Website.
4.5. The User shall immediately notify the Operator of any unauthorized (not permitted by the User) access to the Website with the use of the Personal account and/or on any breach of (suspicions about such breach) confidentiality of the Personal account credentials.
4.6. If the User intends to delete the Account, the User shall send notice of rejection of the Agreement to the Operator’s email [email protected].
4.7. If this Agreement is terminated for any reason, User`s Personal account shall be deleted by the Operator. The provisions of this Clause 4.7. shall have the force of agreement of the Parties on the termination of their obligations.


5. Paid services. Subscriptions


5.1. The access to the Website is provided to the User free of charge. However, the Operator reserves the right to provide the User with paid Services, including a Subscription. Prices for such paid Services available at https://bitok.org/pricing. The total cost of the Service, except a Subscription, ordered by the User on the Website, is determined in the Operator's invoice issued using the Website interface.
5.2. Payment for Services shall be made on the 100% prepayment basis through payment methods available on theWebsite.
5.3. The User’s payment obligation shall be considered performed only after the receipt of funds in full by the Operator.
5.4. All prices (fees, costs) for the Operators Services shall be set in U.S. dollar.
5.5. Different payment methods, including but not limited to credit card or bank transfer, may be available to you when you pay for the Services.
5.6. When you use third party payment and billing providers, that provider’s additional terms, and costs may apply.
5.7. Services, except a Subscription, are considered to be provided by the Operator properly and accepted by the User in full, if within five days after the completion of the provision of the Service, the Operator has not received motivated written objections from the User.
5.8. The cost of the Subscription is indicated on the Website. For the purposes of this agreement, the Subscription Period means the period of time specified on the Website (for example, 1 month, 12 months) for which the Subscription is purchased and for which the corresponding cost is established.
5.9. The Subscription is considered to be activated (provided) for the User for the Period in full from the moment the Operator receives the payment of the Subscription cost.
5.10. The User hereby provides the Operator with an advance acceptance for debiting the amount of the fee for each Period from the User's card, in the order of prepayment until the User refuses to renew the Subscription connection for the next Period.
5.11. In the absence of payment of the Subscription cost, the Operator has the right to suspend the Subscription for the next Period and resume it during this Period after the User transfers the payment of the Subscription cost.
5.12. The Operator’s Services are not refundable and do not include the rates of the bank or/and merchant provider.


6. Refund Policy


6.1. Since the Website offers non-tangible, irrevocable goods and services we do not provide refunds after the product is purchased, which you acknowledge prior to purchasing any product on the Website. Please make sure that you've carefully read the service description before making a purchase.
6.2. If you have any questions, concerns, or complaints regarding this refund policy, we encourage you to contact us by sending an email to the email address [email protected].


7. Rights and obligations, representations and warranties of the User


7.1. Before the acceptance of the Terms, the User shall study the whole text of the Agreement.
7.2. The User shall not reproduce or distribute the Website Content or any part thereof for commercial purposes (including for a fee) without the prior written consent of the Operator.
7.3. The User shall not modify and/or remove the Website name, databases, copyright notice, or other indications on the right holder of the Website.
7.4. In case of any claims or problems associated with the use of the Website, the User has the right to contact the Operator by sending emails to the Operator`s email [email protected]. The Operator reviews the received complaints within 14 (Fourteen) business days from the moment of receipt of the complaint.
7.5. The User agrees that the User is solely responsible for maintaining the confidentiality of authorization data used by the User to access the Website. Any actions made in the Account after successful Authorization are recognized as the actions of the User.
7.6. The User represents that he is a capable person who has reached the age of majority in the jurisdiction of his/her/it residence.
7.7. The User shall not:
7.7.1. Make attempts to commit fraud by using the Website or the used software;
7.7.2. Make attempts to copy, sort, or otherwise attempt to receive the source code of the software used by the Website to commit any action, including fraud;
7.7.3. Create the Account on the Website if earlier the Account of this User was removed or blocked by the Operator in connection with illegal acts of the User;
7.7.4. Create an Account on the Website, if the User already has the Account on the Website;
7.7.5. Transfer the Account to the third parties without the prior written consent of the Operator. The User undertakes not to use someone else's Account in the Service without the prior written consent of the owner of the Account and the Operator.


8. Rights and obligations of the Operator


8.1. The Operator is entitled:
8.1.1. to change at any time the design and user interface of the Website, its content, the content of the Services provided, change or supplement the software used to operate the Website, provide the Services, and other objects used or stored on the Website, with notice to the Users or without it;
8.1.2. to suspend, restrict or terminate the User's access to all or any of the sections of the Website, Personal Account at any time without explanation, with or without prior notice, unless otherwise expressly provided by applicable law;
8.1.3. to delete the User Account at its own discretion, including in the event that the User commits actions that violate the applicable law or the provisions of this Agreement;
8.1.4. to provide the User with additional paid Services, including the Subscription, for a fee, on the terms provided for in this Agreement;
8.1.5. to send to Users messages of an advertising and informational or news nature, including by e-mail, sms mailing, mailing using the functionality of the Website or in any other available way;
8.1.6. to take measures not prohibited by law to protect their own intellectual rights in relation to the Website;
8.1.7. to perform preventive maintenance with temporary suspension of work of the Website without prior notice to the User. At the same time, the Operator undertakes to notify the User not later than 24 hours prior to the commencement of planned technical works.
8.2. The Operator undertakes:
8.2.1. on the terms set forth in this Agreement, to grant the User the right to use the Website within the limits established by clause 3.1. of this Agreement, and provide the Services under the terms of this Agreement, including in the event that the User purchases paid services or a Subscription;
8.2.2. to notify the User by publishing information or sending messages to the Personal Account or in any other way available to the Operator about changes in the terms of this Agreement.
8.3. Operator’s failure to act in case of violation by the User of the Agreement, and/or other documents connected with the Agreement posted on the Website does not deprive the Operator of the right to take the corresponding actions in protection of the rights and interests later, and also does not mean that the Operator refuses the rights in case of commission by the User in the subsequent such or similar violations.


9. Liability


9.1. The Website is provided on an “as is” basis.
9.2. The Operator shall not be liable:
9.2.1. for consequences of unauthorized use of the Website which was not the fault of the Operator;
9.2.2. for direct or indirect damage suffered by the User as a result of errors, omissions, interruptions, changes of functions, defects, and delays in operation, which occurred through no fault of the Operator.
9.3. The information contained on the Website does not constitute tax advice unless otherwise stated in the description of such information. Except as provided for by the terms of a specific Subscription, the Operator does not provide tax advice to the User, the User undertakes to independently contact an independent tax consultant to analyze their own tax burden and tax liabilities.
9.4. The Operator is not responsible for errors made by the User in tax and other documents generated using the Website.
9.5. The Operator is not responsible for losses incurred by the User when using the Website.
9.6. The User agrees to fully reimburse and indemnify the Operator, its directors, employees, and partners from any costs, expenses, losses, claims, liabilities, including legal costs and any other expenses, for whatever reason, incurred in connection with the use of the Website by the User.
9.7. The User agrees to fully cover any claims, liabilities, costs or expenses (including legal fees), as well as any other costs that may arise as a result of the violation by the User of the terms of the Agreement.
9.8. The Website may contain links to third parties sites. The User takes all the risk connecting to enter any other Internet resource connected with Website. The Operator shall not be liable for the accuracy of the information, the data, or statements made on the websites of the third parties. The Operator provides links to other websites for the convenience of the User, and it does not mean that the Operator approves the content of these websites or agrees to be liable for them.
9.9. The Operator reserves the right, in its sole discretion, to restrict the User's access to the Website (or to certain information contained on the Website or features of the Website, if it is technologically possible), using his Account or completely block the User's Account in case of violation of the terms of the Agreement, either apply other measures to the User in order to comply with legal requirements or the rights and interests of third parties.
9.10. All questions and claims related to the use/inability to use the Website, the inaccuracy of data, and possible violation by the Website or data of the legislation and/or the third party’s rights go to the Operator’s e-mail [email protected].


10. Informational messages


10.1. By acceptance of the Agreement, the User gives consent to receive information messages from the Operator with the latest news, promotions, new offers, and also promotional messages, including third-party news and offers via SMS, and e-mail.
10.2. The User can refuse advertising messages sent by e-mail and SMS by sending an email to the email address [email protected]. The User can also refuse e-mail newsletters by actions, which are described by the link at the end of the advertising letter.


11. Final provisions


11.1. The Operator is entitled to make any changes to the Agreement on condition of the prior notice of the User of such changes no later than 3 calendar days before the day of entry into force of such changes. The notice is sent to the User’s e-mail address specified by the User at Registration. The user is considered to accept such changes if, after the entry of such changes into force, the User continues to use the Website.
11.2. This Agreement shall be governed, construed, and enforced in accordance with the law of the state of Delaware, USA. The parties agree that any claims or actions connected with the Agreement, and use of the Website shall resolve through negotiations. If the parties fail to reach an agreement on the dispute within 30 calendar days, all litigation shall be brought in the state or federal courts located in the state of Delaware, USA.
11.3. Use of the Website is regulated by the Agreement and the Privacy policy available on the Website. The use of separate functions of the Website can be regulated by other documents, in addition to the Agreement. Before the use of such functions, the User is obliged to study the documents regulating the use of such functions and to accept the conditions of such documents.
11.4. The User accepts the terms of the Agreement in full, without any clauses and exceptions, since the beginning of using the Website / its separate functions, or after the Registration process is finished. In case of disagreement with any of the provisions of the Agreement, the User shall not use the Website. In case the Operator made any changes to the Agreement with which the User does not agree, the User has the right to stop the use of the Website / its separate functions.
11.5. If for any reason one or several provisions of the Agreement are considered null and void (non-legally binding), it has no impact on the validity or applicability of other provisions of the Agreement.