Terms of Service

Last Updated: 11/7/19

Welcome to the Out There Labs, Inc. d/b/a Bitski (“Bitski,” “we,” “us,” and “our”) website located at www.bitski.com (the “Site”). Please read these Terms of Service (the “Terms” ) and our Privacy Policy (https://www.bitski.com/terms/) (“Privacy Policy”) carefully because they govern your use of our Site and our platform that allows users to maintain a digital wallet that manages access to digital assets on the blockchain, and integrates with decentralized applications provided by third party developers, which services are accessible via our Site and our mobile device application (“App”). To make these Terms easier to read, the Site, our services and App are collectively called the “Services.” If you use the Services as a developer of a website or application, you are also subject to, and hereby agree to, additional terms relating to such use (the “Bitski Developer Addendum”) available below.

  1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
  2. Privacy Policy. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

    IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND BITSKI THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
  3. Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 17(e) “Effect of Changes on Arbitration,” you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
  4. Who May Use the Services?
    1. Eligibility. You may use the Services only if you are 13 years or older and capable of forming a binding contract with Bitski and are not barred from using the Services under applicable law.
    2. Registration and Your Information. If you want to use certain features of the Services you’ll have to create an account (“Account”).
    3. Accuracy of Account Information. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any suspected or actual unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
  5. Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at support@bitski.com. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
  6. Use of the Services. While the Services may be used in connection with payments and similar transactions (“Transactions”), we do not initiate or process Transactions. We do not bear any responsibility for any Transaction you engage in while making use of our Services. You bear the risk of all such Transactions. For certain use of the Services by developers of a website or application, we require purchase of a subscription. Please see the Bitski Developer Addendum for more information https://www.bitski.com/terms/developer.
  7. Content Ownership, Responsibility and Removal.
    1. Definitions. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
    2. Our Content Ownership. Bitski does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Bitski and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
    3. Rights in User Content Granted by You. By making any User Content available through the Services you hereby grant to Bitski a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services and Content to you and to other Account holders.
    4. Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Bitski on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    5. Removal of User Content. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. All records related to Transactions may not be alterable by you.
    6. Rights in Content Granted by Bitski. Subject to your compliance with these Terms, Bitski grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
  8. General Prohibitions and Bitski’s Enforcement Rights. You agree not to do any of the following:
    1. Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
    2. Use, display, mirror or frame the Services or any individual element within the Services, Bitski’s name, any Bitski trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Bitski’s express written consent;
    3. Access, tamper with, or use non-public areas of the Services, Bitski’s computer systems, or the technical delivery systems of Bitski’s providers;
    4. Attempt to probe, scan or test the vulnerability of any Bitski system or network or breach any security or authentication measures;
    5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Bitski or any of Bitski’s providers or any other third party (including another user) to protect the Services or Content;
    6. Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Bitski or other generally available third-party web browsers;
    7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
    8. Use any meta tags or other hidden text or metadata utilizing a Bitski trademark, logo URL or product name without Bitski’s express written consent;
    9. Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or by a separate written agreement between you and Bitski;
    10. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
    11. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
    12. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
    13. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
    14. Fabricate in any way any Transaction or process related thereto;
    15. Impersonate or misrepresent your affiliation with any person or entity;
    16. Impersonate or misrepresent your affiliation with any person or entity;
    17. Encourage or enable any other individual to do any of the foregoing.

    Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

  9. DMCA/Copyright Policy. Bitski respects copyright law and expects its users to do the same. It is Bitski’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Bitski’s Copyright Policy at https://www.bitski.com/copyright/, for further information.
  10. Links to Third Party Websites or Resources. The Services (including the App) may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
  11. Integration by Third Party Developers. The Services may be integrated into decentralized applications provided by third party developers (“Third Party Services”). We provide this feature as a convenience and we hereby explicitly disclaim, to the full extent permitted by law, all liability and responsibility for such Third Party Services. Your use of the Services in connection with Third Party Services is done at your own risk. We are not obligated to monitor, modify, or otherwise act on or in connection with the Third Party Services. If you are a developer who is interested in integrated the Bitski Services into your Third Party Service, please visit the following link to learn more: https://developer.bitski.com/.
  12. Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at support@bitksi.com. Upon any termination, discontinuation or cancellation of the Services or your Account, the following Sections will survive: 7(a), 7(b), 7(c), 13, 14, 15, 16, 17, and 18.
  13. Warranty Disclaimers. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

    WE FURTHER EXPLICITLY DISCLAIM ALL LIABILITY OR RESPONSIBILITY IN CONNECTION WITH THIRD PARTY SERVICES. NOTHING HEREIN NOR ANY USE OF OUR SERVICES IN CONNECTION WITH THIRD PARTY SERVICES CONSTITUTES OUR ENDORSEMENT, RECOMMENDATION OR ANY OTHER AFFILIATION OF OR WITH ANY THIRD PARTY SERVICES.
  14. Indemnity. You will indemnify and hold harmless Bitski and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
  15. Limitation of Liability.
    1. NEITHER BITSKI NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BITSKI OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
    2. IN NO EVENT WILL BITSKI’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED TWENTY DOLLARS ($20).
    3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BITSKI AND YOU.
  16. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Bitski are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and Bitski each waive any objection to jurisdiction and venue in such courts.
  17. Dispute Resolution.
    1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Bitski agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Bitski are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
    2. Exceptions and Opt-out. As limited exceptions to Section 17(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at support@bitski.com or by regular mail at 48 2nd street, 3rd floor San Francisco, CA 94105 within thirty (30) days following the date you first agree to these Terms.
    3. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.orgor by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

      If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
    4. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
    5. Class Action Waiver. YOU AND BITSKI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
    6. Effect of Changes on Arbitration. Notwithstanding the provisions of Section 3 “Changes to Terms or Services” above, if Bitski changes any of the terms of this Section 17 “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@bitski.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Bitski’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Bitski in accordance with the terms of this Section 17 “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
    7. Severability. With the exception of any of the provisions in Section 17(e) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
  18. General Terms.
    1. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Bitski and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Bitski and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Bitski’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Bitski may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
    2. Notices. Any notices or other communications provided by Bitski under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
    3. Waiver of Rights. Bitski’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Bitski. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
  19. Contact Information. If you have any questions about these Terms or the Services, please contact Bitski at:
    Address: 48 2nd street, 3rd floor San Francisco, CA 94105
    Email: support@Bitski.com
    Phone: +1 (856) 485-4595



ADDENDUM: BITSKI FOR DEVELOPERS

Last Updated: 11/7/19

Welcome! This Addendum (“Bitski Developer Addendum”) is hereby incorporated into and is a part of the overall agreement between you, an individual third party developer of mobile or other digital applications, (“you”) and Out There Labs, Inc. d/b/a Bitski (“Bitski,” “we,” “us,” and “our”) (the “Agreement”) available at https://www.bitski.com/terms/. The terms of this Bitski Developer Addendum supplement the terms of the Agreement with respect to the Bitski Developer Services (defined below) and in the event any term of this Bitski Developer Addendum directly conflicts with a term of the Agreement, the term contained in this Bitski Developer Addendum will control.

The Bitski Developer Services are offered by Bitski and by accessing, downloading, or using any portion of the Bitski Developer Services, you signify that you accept the terms of this Bitski Developer Addendum as between you and Bitski.

  1. DEFINITIONS
    1. Bitski API” means the API as further described on the Bitski Sites at https://docs.bitski.com/app-wallet/.
    2. Bitski Developer Services” means the Bitski Sites and the services provided through the Bitski Sites, including the ability for third party application developers to create and use an App Wallet Widget and Bitski API.
    3. Bitski Sites” means bitski.com and other websites (and any of our mobile applications) through which Bitski may offer services.
    4. App Wallet Widget” means the embeddable link to a digital cryptocurrency wallet that users of the Bitski Developer Services may use in accordance with this Bitski Developer Addendum and the Agreement.
    All other capitalized terms will have the meaning as provided elsewhere in this Bitski Developer Addendum or in the Agreement.
  2. BITSKI DEVELOPER TERMS
    1. Under this Bitski Developer Addendum, the Bitski Developer Services are limited to your use of a single App Wallet Widget in connection with one hundred (100) transactions per month. All other levels of use of the Bitski Developer Services, including without limitation use by teams of developers, require you to enter into a separate agreement to procure a subscription for the Bitski Developer Services (the “Bitski SaaS Agreements”). For further information regarding the Bitski SaaS Agreements, including pricing information, please contact sales@bitski.com. The Bitski SaaS Agreements are not covered here or by the Agreement.
    2. Who May Use the Bitski Developer Services. To use the Bitski Developer Services, you must be 13 years or older and capable of forming a binding contract with Bitski and are not barred from using the Services under applicable law.
    3. Provision of Services. To access certain features and tools offered by Bitski or its service providers in connection with the Bitski Developer Services, you will need to register with us as further described on the Sites and at https://docs.bitski.com/app-wallet/. You agree to provide accurate, true, current, and complete information to Bitski. Any personal information you provide in connection with the Bitski Developer Services will be protected as described in our Privacy Policy (available at https://www.bitski.com/privacy/). You are responsible for all activities related to the Bitski Developer Services that occur through your account and password or other account credentials (“Credentials”). You agree to keep your Credentials confidential, not use others' accounts, and not permit others to use your account. The Credentials are personal to you, and any individuals or entities who wish to access and use the Bitski Developer Services must obtain their own licenses, accounts, and Credentials. We reserve the right to terminate or suspend any account or Credentials in our sole discretion.
    4. License. Subject to your compliance with the terms of this Bitski Developer Addendum and any trademark or band guidelines we make available to you, including any such guidelines posted to the Sites, Bitski hereby grants to you a personal, limited, non-exclusive, revocable, non-sublicensable, non-transferable license to display to use the App Wallet on websites and mobile applications and to reproduce and display the Bitski name and logo solely in connection with such limited use. This limited license is granted to you subject to you signing up through the Bitski Sites (see bitski.com) and your agreement to comply with the following:
      1. You shall not use in your URLs nor purchase or register in any registrar, search engine, referral or advertising service (such as Google’s AdWords) any of the following terms: “Bitski,” “App Wallet,” or “Out There Labs.”
      2. You shall not use Bitski Developer Services for any other purpose not expressly authorized by this Bitski Developer Addendum, without Bitski's prior written consent.
      3. You shall not use Bitski Developer Services in any way that is unlawful, or harms Bitski, its service providers, its suppliers, your end users, or any other person.
      4. You shall not reproduce, modify, distribute, decompile, disassemble, or reverse engineer any portion of the Bitski Developer Services, including the App Wallet Widget.
      5. You shall not engage in any acceptance practices that discriminate against or discourage the use of the App Wallet or other Bitski services.
      6. You may not charge any additional fees to someone for use of the App Wallet or other Bitski services beyond what you may charge to someone in connection with other methods of payment.
      7. Subject to applicable law, you may not set minimum or maximum transaction amounts as a condition of accepting use of the App Wallet or other Bitski services.
      8. You shall limit your use of the Bitski Developer Services to one hundred (100) transaction per month in connection with a single App Wallet. Higher monthly limits and additional services are available under the Bitski SaaS Agreements
      All rights not expressly granted to you under the Agreement or this Bitski Developer Addendum are reserved by Bitski.
    5. Branding and Linking Requirements. You agree that you will not modify the App Wallet Widget in any way except via approved parameters as documented in applicable App Wallet Widget documentation we may make available through the Bitski Sites. You agree to display the full App Wallet Widget on your website or in your application and to not remove, obscure, or modify any portion of the App Wallet Widget with other website or application elements.
    6. Termination. Any termination of the Agreement or this Bitski Developer Addendum shall also immediately terminate the licenses granted to you hereunder. Upon any termination of the Agreement or this Bitski Developer Addendum, you shall promptly delete and remove all calls and references to the Bitski Developer Services from all webpages, scripts, widgets, applications, and other software in your possession or under your control.
    7. Limited Relationship. Bitski and you are, and shall remain, independent contractors, and nothing in the Agreement or this Bitski Developer Addendum shall be construed as creating an employer-employee relationship, principal-agent relationship, partnership or joint venture. Although you are permitted to publicize your use of Bitski Developer Services subject to the terms herein, you agree not to make any other statements, without the prior written consent of Bitski, implying a different kind of relationship between you and Bitski including any implied endorsement of your content, products, or services by Bitski.
    8. Disclaimer and Indemnification. THE BITSKI DEVELOPER SERVICES, INCLUDING THE BITSKI API AND APP WALLET WIDGET, ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Bitski Developer Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any aspect or component of the Bitski Developer Services.

WE FURTHER EXPLICITLY DISCLAIM ALL LIABILITY OR RESPONSIBILITY IN CONNECTION WITH THIRD PARTY SERVICES, INCLUDING YOURS. NOTHING HEREIN NOR ANY USE OF OUR SERVICES IN CONNECTION WITH THIRD PARTY SERVICES CONSTITUTES OUR ENDORSEMENT, RECOMMENDATION OR ANY OTHER AFFILIATION OF OR WITH ANY THIRD PARTY SERVICES. We are not obligated to monitor, modify, or otherwise act on or in connection with your website, applications, or other services.

To the fullest extent permitted by applicable law, you hereby agree to indemnify Bitski, its affiliates, officers, directors, employees, and licensors, from and against any and all claims arising out of or related to your (i) acts and omissions, or (ii) website, application, or other services.