Revised 23rd November 2017, 9th April 2018 and 23rd March 2020.
Effective 26 June 2020.
These are the terms under which BitPaper Ltd,
a company registered in England(company number 09949476),
and whose registered office is at 65 Schomberg House,Page Street, London,
England, United Kingdom, SW1P 4BP ("we", "us", "our"),
permits you to use the BitPaper platform ("our platform") accessible through
https://bitpaper.io ("our website").
Use of our platform
-
1.
You may use our platform, through your BitPaper user account,
for the purpose of accessing, amending, copying or otherwise using a
paper. If you have subscribed to any of our plans you may also create
papers and/or video calls, but in each case subject to the following
restrictions:
For those with user accounts
-
a)
You shall be limited by any usage restrictions that apply to you.
-
b)
You may not disclose your account password to anyone else and you
shall take all reasonable steps to ensure that no-one else has access
to, or uses, your account password.
-
c)
You may not try to rent or sell your account,
or give permission to use your account, to anyone else.
-
d)
You may not sell papers.
For everyone using the platform
-
a)
You may not make available any user content that infringes the rights,
including intellectual property rights, of any third party or
is otherwise unlawful or criminal in nature.
-
b)
You may not access, amend, copy or otherwise use any paper
(including in the form of a derivative work) without ensuring you
have the rights required for such use with respect to the other
people who have access to the paper.
-
2.
In making use of our services, you may not do anything which:
-
a)
Is likely to cause any other person alarm, harassment or distress;
-
b)
Is threatening, abusive, harassing, deceptive, or libellous in nature;
-
c)
Is invasive of another user"s privacy;
-
d)
Constitutes unsolicited or unauthorized advertising or
promotional material;
-
e)
Impersonates any person or entity, including any employee or representative of Bitpaper Ltd;
-
f)
Take any action that imposes or may impose an unreasonable or
disproportionately large load on the Company's
(or its third party providers") infrastructure;
-
g)
Interfere or attempt to interfere with the proper working of the
Service or any activities conducted on the Service;
-
h)
Bypass any measures the Company may use to prevent or
restrict access to the Service;
-
i)
Use manual or automated software, devices, or other processes to
"crawl" or "spider" any page of the Site;
-
j)
Upload content that contains software viruses or any other computer
codes, files, or programs that are designed or intended to disrupt,
damage, limit or interfere with the proper function of any software,
hardware, or telecommunications equipment or to damage or obtain
unauthorized access to any system, data, password or other information
of us, any user, or any third party;
-
k)
Is otherwise fraudulent, unlawful or criminal in nature.
-
3.
Irrespective of your plan or lack of one, if you share the URL of a
paper with other BitPaper users, the other BitPaper users will be able
to access, amend, copy, or otherwise use the paper ("subsequent use").
You are responsible for the subsequent use of other BitPaper users and
for imposing any restrictions on such subsequent use necessary to ensure
that no third party rights are infringed.
-
4. We may, in any event:
-
a)
Make modifications to our platform at any time and for any reason,
provided that we do not remove substantial functionality;
-
b)
We may remove any user content, at any time and without notice, if we
reasonably believe that the user content infringes the rights of any
third party or is otherwise inconsistent with the terms of this
agreement; and/or
-
c)
Make changes to these terms that are reasonable in the context of the
service we provide, for example, in order to comply with any changes
in the law, but where these changes involve a change in the fees,
you shall have notice in accordance with other terms of this agreement.
Fees and payment (applicable only to those subscribed to plans)
-
5.
All payments will be handled by the payment provider Stripe. We do not store your card details.
-
6.
To subscribe to a paid plan, once you have created an
account and logged in, you can either click "Subscribe" on the pricing
page (https://bitpaper.io/pricing), or select "Add plan" or "Switch Plan"
from within your account (https://bitpaper.io/account).
At this point, you will be prompted to agree to these terms.
-
7.
The start date of your plan will be upon confirmation of your plan
subscription.
-
8.
You shall pay us the fees monthly in advance, with the first payment to
be made on the start date of the plan.
-
9.
All sums due shall be inclusive of VAT and shall be made in U.S. dollar
(USD).
-
10.
The monthly billing cycle covers calendar months. If your start date is
the 13th day of the current month, subsequent payment dates will be on the
13th day of every subsequent month.
-
11.
Depending on your plan, your subscription will allocate you a number of
available papers and/or call hours per month.
-
12.
Any of your allocation that remains unused at the end of each month shall
be carried forward to the subsequent month.
-
13.
You can cancel your plan at any time, by either using the Cancel Plan
button in my account, or switching to the free plan.
All previously paid for and accrued papers or call minutes will continue
to function as normal on the free account until they have been used up.
-
14.
You may change to a different plan at any time by using the switch plan
drop down located in the "My Account" section of your BitPaper account.
Upgrades and downgrades will take effect immediately. You will be charged
at the point of switching plan and the relevant number of papers/call
hours will be credited to your account. The monthly billing cycle period
will reset to the new start date and any existing papers and calls credits
available will be rolled over to the new plan.
-
15.
We may vary the fees at any time by giving you no less than 30 days
notice.
-
16.
We may choose to temporarily change the fees for our services for
promotional events or new services, and such changes are effective when
we post the temporary promotional event or new service on the website.
Refunds
-
17.
You will be eligible for the refund of the payment taken for a particular
plan, as long as your request is made in writing to admin@bitpaper.io
within 10 working days from the date the payment was takenn, and as
long as none of the papers or call minutes allocated from the plan have
been used.
-
18.
We will only consider refunds that are requested more than 10 days after
payment was taken if either the charge was clearly made in error by us,
or otherwise at our sole discretion having taken into account the
circumstances of the refund request.
Intellectual Property
-
19.
Nothing in this agreement shall be interpreted as (i) granting,
by implication or otherwise, any licence to use any trademarks,
logos and/or other branding materials or (ii) an assignment of any rights
(including intellectual property rights).
-
20.
You grant us a limited licence to use (including by displaying to anyone
with access in any country from which they have access) all intellectual
property contained in user content.
Duration, termination and renewal
-
21.
This agreement shall start on the start date and continue from month to
month unless terminated early in accordance with other terms of this
agreement.
-
22.
Either party may terminate this agreement by giving notice to the other
party at any time. We may terminate the agreement by giving you at least
one month"s notice in advance. You may terminate the agreement at any
time by deleting your account in the "My Account" section, but we will
not refund any part of any monthly payment if you terminate part way
through a month. Downgrading to a free plan will not result in
termination of this agreement.
-
23.
We may terminate this agreement by giving you notice at any time if:
-
a)
You have committed a material breach of this agreement that is
capable of remedy, such termination to take effect within thirty (30)
days of us notifying you of the breach (the "notice period")
if you do not remedy the breach within the notice period; or
-
b)
We are required to do so by law for any reason,
such termination to take effect immediately.
-
24.
We may also suspend your access to our platform at any time by giving you
notice with immediate effect if we reasonably believe that:
-
a)
You have used our platform in any way that is contrary to any of the
terms of this agreement; or
-
b)
We are required to do so by law for any reason.
Warranties
-
25.
Appendix 1 applies to our processing of user content.
To the extent that we process any other personal data, we do so in
accordance with https://bitpaper.io/privacy-policy.
-
26.
As user content is contributed by BitPaper users, we have no control over
it, and therefore we make no warranty as to:
-
a)
Whether your use of any user content will be lawful;
-
b)
Whether it is accurate, complete or otherwise of any particular quality.
-
27.
Accordingly, we disclaim any liability for the accuracy, completeness,
presence or absence of any quality of or in the user content.
-
28.
Any user content may also be withdrawn by the BitPaper users who owns
the paper without any warning and without reference to us.
We do not promise that any particular user content will be available and
we disclaim any liability for the absence of any user content.
-
29.
You warrant that you have the right to upload or otherwise add your user
content to our platform.
-
30.
To the extent that you:
-
a)
Access, amend, copy, or otherwise use a paper made available to you
through our platform, you warrant that you have the right to carry
out such access to, amendment, copying or other use of the paper; and
-
b)
Share the URL of a paper with other BitPaper users through our
platform, you warrant that you will put any restrictions on the
subsequent use of the paper by the BitPaper users as may be necessary
to prevent the infringement of any intellectual property rights of
third parties
Limitation of liability
-
31.
Our cumulative maximum liability to you under or in connection with this
licence shall, irrespective of the basis of the claim, be capped at an
amount equal to the fees paid to us in the preceding 3 month period.
-
32.
We shall not be liable to you for any consequential, indirect or special
losses or for any of the following (whether direct or indirect): loss of
profit or savings, loss of opportunity or contract, loss of reputation or
good will, loss or damage to equipment, loss or corruption of data,
loss or corruption of software or systems.
-
33.
But, this agreement does not limit or exclude liability where such
limitation or exclusion would not be permitted by applicable law.
Copyright Infringement
-
34.
If you believe that your work has been copied in violation of applicable
copyright law and used on BitPaper in a way that constitutes copyright
infringement, please provide our Copyright Agent with the information
set out below; without this information we will be unable to take action
on your request:
-
35.
Your contact information. We need sufficient information to be able to
contact you, for example your physical or electronic email address or
telephone number.
-
36.
Identification of the copyrighted work that you claim has been infringed.
Please include reasonably sufficient details describing the copyrighted
work that is claimed to be infringing
-
37.
A description of where the material that you claim is infringing is
located on BitPaper. General information about the content is not adequate.
Please include reasonably sufficient detail to enable us to identify
and locate the work that is claimed to be infringing, including the
explicit URL(s) of the exact work(s) and screen-shot(s) of the
infringement
-
38.
If you are giving a notification under the United States federal law
17 U.S.C. 512, otherwise known as a Digital Millennium Copyright Act
(DMCA) notification, you must agree to and include the following
statements:
-
a)
"I have a good faith belief that the use of the material in the manner
complained of is not authorised by the copyright owner, its agent,
or the law."
-
b)
"The information in this notification is accurate, and under penalty
of perjury, I am the owner, or an agent authorised to act on behalf
of its owner, of an exclusive right that is allegedly infringed."
-
c)
An electronic or physical signature of a person authorised to act on
behalf of the owner of the copyright interest.
If you fail to comply with all of the requirements of this section,
your DMCA notice may not be valid.
Bitpaper Limited's DMCA Registration number is: DMCA-1033706.
-
39.
We will review all claims of copyright infringement received and remove
any content where we discover that it has been posted or distributed in
violation of any copyright law. If you feel that content has been taken
down inappropriately please contact our Copyright Agent who will provide
information on the requirements and procedure for filing a
counter-notification with us.
-
40.
Contact information for our Copyright Agent for notice of claims of
copyright infringement is as follows:
Attn: Legal Department
BitPaper Limited
65 Schomberg House
Page Street London
SW1P 4BP
UK
Email:
admin@bitpaper.io
-
41.
BitPaper has adopted the following policy toward copyright
infringement on BitPaper in accordance with the Digital Millennium
Copyright Act (the "DMCA") and equivalent or similar laws in other
jurisdictions which are intended to exclude or limit the liability of
online service providers who provide access to user-generated content.
It is our policy to terminate account privileges of any user who
repeatedly infringes copyright upon prompt notification to us by
the copyright owner or the copyright owner's legal agent.
Notices
-
42.
Any notices that need to be sent under this agreement shall be written
in English, sent by email to the receiving party's email address and
deemed received when the receiving party's email server transmits a
success code to the sending party. Our email address is
admin@bitpaper.io.
Your email address is the most recent one you have entered on our system
through your BitPaper account.
Law and jurisdiction
-
43.
This agreement shall be governed by English law and the courts of
England and Wales shall have jurisdiction to settle any disputes
arising in connection with it.
Definitions
-
44.
In this agreement, "controller", "personal data",
"processing" have the same meaning as in the EU General Data Protection
Regulation, or, if it is no longer in force in the United Kingdom,
the law replacing it in the United Kingdom.
-
45.
In this agreement, the following words shall have the following meanings
set out below:
-
a.
"Platform" means the BitPaper services as accessible through
https://bitpaper.io;
-
b.
"User content" means anything that any user contributes or creates
using our platform;
-
c.
"Subsequent use" means the accessing, amendment, copying or other use
by a second BitPaper user of a paper created by a first BitPaper user;
-
d.
"Paper" the content uploaded or otherwise added to a URL created
through our platform;
-
e.
"Plan" means any of our Basic, Advance, Pro and Power subscription
plans, whether as a plan with calls or a plan without calls;
-
f.
"Plan with calls" means the Basic, Advance, Pro and Power
subscriptions as advertised at https://bitpaper.io/pricing;
-
g.
"Plan without calls" means the Basic, Advance, Pro and Power
subscriptions as advertised at https://bitpaper.io/pricing;
-
h.
"Call usage restrictions" means any restrictions on making of calls
under a plan with calls the for example as to the number of call hours you can use each month;
-
i.
"Paper usage restrictions" means any restrictions,
for example as to the number of new papers you can create per month.
-
j.
"Fees" means initially, the fees set out through your subscription
and then as amended thereafter in accordance with this agreement;
-
k.
"Free account" means a BitPaper account which (i) is available free
of charge (ii) allows a BitPaper user to access, amend, copy or
otherwise use papers (including papers previously created by the user
while the user was on one of our plans) and to access calls and papers
previously paid for.
-
l.
Start date" means the date on which you subscribe to a plan;
-
m.
"Copyright Agent" means our "Designated Agent" for the purposes of
17 U.S.C. 512, whose contact details are set out above under the heading "Copyright Infringement";
-
n.
"Intellectual property rights" means any property right capable of
subsisting in the user content under whichever law of property is
applicable as the case may be;
-
o.
"Notice period" the amount of time you have available to remedy a
material breach of this agreement as specified in a notice we send
you in which we notify you of the breach;
-
p.
"paper" the content uploaded or otherwise added to a URL created
throughour platform;
-
q.
"plan" means any of our Basic, Advance, Pro and Power subscription
plans, whether as a plan with calls or a plan without calls;
-
r.
"plan with calls" means the Basic, Advance, Pro and Power
subscriptions asadvertised at https://bitpaper.io/pricing;
-
s.
"plan without calls" means the Basic, Advance, Pro and Power
subscriptions as advertised at https://bitpaper.io/pricing;
-
t.
"platform" means the BitPaper services as accessible through
https://bitpaper.io;
-
u.
"subsequent use" means the accessing, amendment, copying or other
useby a second BitPaper user of a paper created by a first BitPaper
user; and
-
v.
"paper usage restrictions" means any restrictions,
for example as to the number of new papers you can create per month.
Appendix 1
Data Protection
Definitions
For the purposes of this Appendix, you shall be the "controller"
(given you decide what user content you make available through our platform)
and we shall be the "processor" (given we only provide the platform through
which user content is made available to BitPaper users).
Obligations of the Processor
-
1.
In processing any personal data under this agreement, the processor shall:
-
a.
Nature and purpose of processing: only process personal data for the
purposes of delivering the processing activities specified in this
Appendix;
-
b.
Confidentiality: ensure that only employees, agents, contractors or
sub-contractors who need to have access to the personal data are
granted access to it and only for the purposes of the performance
of this agreement and that such employees, agents, contractors or
sub-contractors are bound by obligations of confidentiality, are
subject to an appropriate data protection policy and have undergone
adequate data protection training;
-
c.
Security: ensure that it does so in compliance with its Information
Security Policy and that such policy is adequate to ensure compliance
with GDPR. The processor will conduct an annual Information Security
Audit in line with the British Regulations to demonstrate to the
controller that it has in place appropriate technical and
organisational measures to meet the requirements of the GDPR;
-
d.
Assistance on Compliance Requirements: taking into account the nature
of the processing activities and the information available to the
processor, assist the controller in ensuring compliance with the
controller’s obligations under Articles 32 to 36 of the GDPR with
respect to security, breach notifications, data protection impact
assessments and consultations with supervisory authorities or
regulators; and
-
e.
Duty to Inform: promptly inform the controller if any personal data
becomes subject to confiscation during bankruptcy or insolvency
proceedings or similar measures by any third party. The processor will
notify all relevant parties in any such action that any and all
personal data is the controller’s property and area of responsibility.
Data subject requests
-
2.
If the controller:
-
a.
receives from a data subject a request for exercising any of the
rights of that data subject under Chapter III of the GDPR
(each a "data subject request"), the processor shall assist the
controller in the fulfillment of the controller’s obligation to
respond to the data subject request, in so far as this is possible
to do so and taking into account the nature of the processing
activities carried out by the processor.
-
b.
receives a data subject request for exercising the right to erasure
of that data subject under Article 17 of the GDPR, (i) the
controller shall promptly inform the processor that the processor
has received such a data subject request and (ii) the processor shall,
without undue delay and to the extent that one of the grounds of
Article 17 of the GDPR applies, delete all such personal data of that
data subject from its systems and confirm in writing to the controller
that it has done so.
Data breach
-
3.
If a personal data breach occurs, or the processor suspects that a
personal data breach may have occurred, then the processor shall:
-
a.
promptly notify the controller providing details of the personal
data breach;
-
b.
provide the controller with sufficient information to allow the
controller to meet any obligations to report the personal data breach
to the relevant supervisory authority or inform the affected data
subject of the personal data breach; and
-
c.
co-operate with the controller in respect of the investigation,
mitigation and remediation of each such personal data breach.
Records and reports
-
4.
The processor shall:
-
a.
keep at its principal place of business, appropriate records and
supporting documentation to demonstrate compliance with its
obligations under this agreement in respect of its processing of
personal data;
-
b.
on the controller’s reasonable written request, provide to
the controller a confidential report to enable the controller to
verify the processor’s compliance with its obligations under this
agreement in respect of its processing of personal data. The processor
shall only be required to provide one report in any year. Any report
provided to the controller under this paragraph b) is the processor’s
confidential information and is governed by the confidentiality
provisions of this agreement; and
-
c.
promptly comply (where possible) with any reasonable request from the
controller to amend, transfer, delete or otherwise deal with the
personal data.
Audit rights
-
5.
The processor shall, at the controller’s expense, make available for
inspection by the controller all information necessary for the controller
to determine whether the processor has complied with its obligations
under this agreement. Any such inspection shall be carried out by the
controller during normal business hours and on reasonable prior written
notice to the processor.
Third party processors
-
6.
The processor shall not engage a sub-processor to carry out any
processing activities on behalf of the controller without the prior
written consent of the controller, such consent not to be reasonably
withheld. Where the controller provides such consent, and before
transferring any personal data to the sub-processor, the processor will
enter into a separate written agreement with the sub-processor that
incorporates terms which are substantially similar to the terms of this
Appendix and which in any event meet the requirements of Article 28 (3)
of the GDPR.
-
7.
The controller nominates the processor as its representative for the
purposes of selecting an auditor to carry out on a sub-processor an
audit or other inspection that is permitted under Article 28(3)(h).
-
8.
In any event, where the sub-processor fails to fulfil its data protection
obligation, the processor shall remain fully liable to the controller for
the performance of the obligations of the sub-processor.
Obligations of the processor
-
9.
The controller shall be responsible for reviewing the information it
requests from the processor for the purpose of determining whether
the processing of personal data by the processor meets the controller’s
requirements and is compliant with the controller’s obligations under the
GDPR.
-
10.
The controller warrants that:
-
a.
it will, in accordance with the GDPR, implement appropriate technical
and organisational measures in respect of the personal data sent to
the processor and;
-
b.
any personal data provided to the processor by the controller does not
enable the processor to identify a data subject without further
information being provided to the processor by the controller.
Duration and Termination of Processing
-
11.
The processing of any personal data shall:
-
a.
continue whilst this agreement remains in force; and
-
b.
cease upon the termination of this agreement for any reason.
Nature of the processing
-
12.
You are primarily responsible for defining the nature of the processing,
but we anticipate, in the absence of further instructions from you that
it will follow the following pattern:
-
a.
Type of personal data provided by the controller and stored by the
processor: Any personal data that happens to be contained in user
content;
-
b.
The data subjects are: any identifiable individual to whom that
personal data relates;
-
c.
Special categories of personal data: any special category of personal
data that happens to be in the user content;
-
d.
Processing activities: the creation, editing and deletion of user
content for the purpose of education or collaboration.
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