TERMS AND CONDITIONS

 

1. AGREEMENT TO TERMS

 

By accessing and using the website located at https://bitswifty.com (referred to as the "Site"), along with any associated media form, media channel, mobile website, or mobile application, you agree to be bound by the following terms and conditions. These terms constitute a legally binding agreement between you, either as an individual or on behalf of an entity ("you"), and FINSTRAX UAB ("Company," "we," "us," or "our"). If you do not agree to these terms, you are expressly prohibited from using the Site and must discontinue use immediately.

Any additional terms and conditions or documents that may be provided on the Site are hereby incorporated into these terms by reference. We reserve the right to make changes or modifications to these terms at our sole discretion, without prior notice. It is your responsibility to regularly review these terms to stay informed of any updates. Continued use of the Site after any modifications constitutes your acceptance of the revised terms.

The information provided on the Site is not intended for distribution or use in any jurisdiction or country where such actions would violate applicable laws or regulations or require us to comply with registration requirements. If you choose to access the Site from such locations, you do so at your own initiative and are solely responsible for compliance with local laws.

Please note that the Site is not designed to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). Therefore, if your activities on the Site would be subject to such regulations, you may not use the Site. Additionally, any use of the Site must not violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to use or register for the Site.


2. USER REPRESENTATIONS

 

By utilizing the Site, you declare and guarantee that: "1" you possess the legal capacity and consent to abide by these Terms of Use; "2" you are not considered a minor in your jurisdiction of residence; "3" you will not employ automated or non-human methods, such as bots, scripts, or similar means, to access the Site; "4" you will refrain from utilizing the Site for any illegal or unauthorized purposes; and "5" your usage of the Site will not contravene any applicable laws or regulations.

In the case that you provide any information that is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny any present or future access to the Site (or any portion thereof).


3. PROHIBITED ACTIVITIES

 

You are prohibited from accessing or utilizing the Site for any purpose other than its intended use, as specified by us. The Site must not be used in conjunction with any commercial activities unless expressly endorsed or approved by us.

As a user of the Site, you agree to refrain from the following actions:

- Engaging in any form of trickery, fraud, or deception, including attempts to obtain sensitive account information or passwords from us or other users.

- Attempting to bypass, disable, or interfere with security features of the Site that protect the content or enforce usage limitations.

- Disparaging, damaging, or causing harm to us or the reputation of the Site, as determined by us.

- Using information obtained from the Site to harass, abuse, or harm another individual.

- Misusing our support services or submitting false reports of abuse or misconduct.

- Violating any applicable laws or regulations while using the Site.

- Unauthorized framing or linking to the Site.

- Uploading or transmitting viruses, Trojan horses, or any material that disrupts the use and functionality of the Site or interferes with others' enjoyment of the Site.

- Engaging in automated use of the system, such as employing scripts or data mining tools, without proper authorization.

- Removing copyright or proprietary rights notices from any content on the Site.

- Impersonating another user or person or using someone else's username.

- Uploading or transmitting materials that collect or transmit information without consent, such as gifs, web bugs, or cookies.

- Interfering with or disrupting the Site, its networks, or connected services.

- Harassing, intimidating, or threatening our employees or agents involved in providing the Site.

- Attempting to bypass measures on the Site that prevent or restrict access.

- Copying, adapting, or reverse engineering the Site's software.

- Using automated systems, spiders, or robots to access the Site without permission.

- Using a buying agent or purchasing agent on the Site.

- Making unauthorized use of the Site, including collecting user information for unsolicited emails or creating user accounts through automated means or false pretenses.

- Using the Site to compete with us or for any revenue-generating or commercial purposes.

- Using the Site to advertise or sell goods and services.

- Selling or transferring your profile without authorization.

- Promoting illegal drugs, drug-related substances, or equipment used for drug production or consumption.

- Offering or using fake references or identification services.

- Telecommunications manipulation equipment, including jamming devices.

- Any business or organization that engages in, encourages, promotes, or celebrates unlawful violence or physical harm based on race, religion, disability, gender, sexual orientation, national origin, or any other immutable characteristic.

- Products or services that violate laws in the jurisdictions where your business operates or targets.

- Sales or distribution of music, movies, software, or any other licensed materials without appropriate authorization.

- Counterfeit goods, illegally imported or exported products.

- Unauthorized sale of brand name or designer products or services.

- Products or services that infringe upon the trademark, patent, copyright, trade secrets, proprietary, or privacy rights of any third party.

- Pyramid schemes.

- "Get rich quick" schemes, including deceptive investment opportunities and services that promise high rewards with little effort.

- Value-added services that do not provide any added benefit to the buyer or resale of government offerings without authorization or added value.

- Sales of online traffic or engagement.

- Negative response marketing, telemarketing, and predatory mortgage consulting, lending, credit repair, and counseling services.

- Predatory investment opportunities with low or no money down.

- Remote technical support, mugshot publication or pay-to-remove sites, essay mills, chain letters, and door-to-door sales.

- Pornography and mature audience content, including explicit nudity or sexual acts.

- Adult services, including prostitution, escorts, pay-per-view, sexual massages, and adult live chat features.

- Adult video stores, gentleman's clubs, topless bars, and strip clubs.

- Law firms collecting funds for purposes other than legal service fee payment.

- Bankruptcy attorneys.

- Bail bonds.

- Guns, gunpowder, ammunition, weapons, fireworks, and explosives.

- Peptides, research chemicals, and other toxic, flammable, and radioactive materials.

- Games of chance, including gambling, internet gambling, sweepstakes, contests, and fantasy sports leagues with monetary or material prizes.

- Sports forecasting or odds making with monetary or material prizes.

- Lotteries.

- Bidding fee auctions.

- Cannabis products, cannabis dispensaries, and related businesses.

- Any businesses that Bitswifty considers to engage in practices that are unfair, deceptive, or predatory towards consumers.

- Utilizing Bitswifty products by providing false, manipulated, inaccurate, or misleading information about your identity, business entity, the nature of your business, or any other details requested by Bitswifty. You must promptly notify us of any changes to your personal or -business information.

- Using Bitswifty products to process transactions on behalf of undisclosed merchants or for products/services that were not disclosed in the merchant's Bitswifty account application.


4. SUBMISSIONS

 

You understand and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") that you provide to us are non-confidential and will become our exclusive property. We will have full ownership rights, including all intellectual property rights, and we may use and distribute these Submissions for any lawful purpose, whether commercial or otherwise, without acknowledging or compensating you. By making such Submissions, you waive all moral rights associated with them, and you confirm that the Submissions are either original to you or that you have the necessary rights to submit them. You acknowledge that you have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.


5. THIRD-PARTY WEBSITE AND CONTENT

 

The Site may provide links to other websites ("Third-Party Websites") and may present articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items originating from third parties ("Third-Party Content"). Please note that we do not investigate, monitor, or verify the accuracy, appropriateness, or completeness of such Third-Party Websites and Third-Party Content. We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site. This includes the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of the Third-Party Websites or the Third-Party Content. The inclusion of links, or the permission to use or install Third-Party Websites or Third-Party Content, does not imply our approval or endorsement of them.

If you choose to leave the Site and access Third-Party Websites or use/install Third-Party Content, you do so at your own risk. Please be aware that these Terms of Use no longer govern your activities. It is advisable to review the relevant terms and policies, including privacy and data gathering practices, of any website you visit from the Site or any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be made on other websites and from other companies. We assume no responsibility for such purchases, as they are solely between you and the applicable third party. You acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you agree to hold us harmless from any harm resulting from your purchase of such products or services. Furthermore, you agree to hold us harmless from any losses or harm caused to you in any way by Third-Party Content or your interaction with Third-Party Websites.


6. SITE MANAGEMENT


We retain the right, though not the obligation, to undertake the following actions: (1) monitor the Site to ensure compliance with these Terms of Use; (2) initiate appropriate legal measures against any individual who, at our sole discretion, violates the law or these Terms of Use, including reporting such users to law enforcement authorities; (3) at our sole discretion and without any limitations, refuse, restrict access to, limit availability of, or disable (to the extent technically feasible) any of your Contributions or any portion thereof; (4) at our sole discretion and without any limitations, remove from the Site or disable all files and content that are excessively large or place an undue burden on our systems; and (5) manage the Site in a manner that safeguards our rights and property, as well as ensures the proper functioning of the Site, without any notice or liability.


7. TERM AND TERMINATION


These Terms of Use shall remain fully effective during your use of the Site. WITHOUT LIMITING ANY OTHER PROVISIONS OF THESE TERMS OF USE, we hold the right, at our sole discretion and without notice or liability, to deny access to and use of the Site (including blocking specific IP addresses) to any individual, for any reason or no reason. This includes, but is not limited to, instances where there is a breach of any representation, warranty, or covenant outlined in these Terms of Use or any applicable law or regulation. We reserve the right to terminate your use or participation in the Site, or to delete any content or information you have posted, at any time and without prior warning, at our sole discretion.

In the event that we terminate or suspend your account for any reason, you are strictly prohibited from creating a new account using your name, a fictitious name, or the name of any third party, even if you are acting on behalf of that third party. Along with the termination or suspension of your account, we reserve the right to initiate appropriate legal actions, which may include pursuing civil, criminal, and injunctive remedies.


8. PRIVACY POLICY


Safeguarding data privacy and security is of utmost importance to us. We kindly request that you acquaint yourself with our Privacy Policy, accessible at: https://bitswifty.com/privacy-policy. Your utilization of the Site implies your consent and adherence to the terms outlined in our Privacy Policy.


9. MODIFICATIONS AND INTERRUPTIONS


We retain the right to modify, remove, or alter the content of the Site at our sole discretion and without prior notice. It is important to note that we are not obligated to update any information on the Site. Additionally, we reserve the right to modify or discontinue the Site, either in part or in its entirety, without notice. We shall not be held liable to you or any third party for any changes, price adjustments, suspensions, or terminations of the Site.

Please be aware that the availability of the Site cannot be guaranteed at all times. There may be instances where we encounter hardware, software, or other issues that require maintenance, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notifying you.

You acknowledge and agree that we bear no responsibility for any loss, damage, or inconvenience caused by your inability to access or use the Site during periods of downtime or discontinuation. These Terms of Use do not impose any obligation upon us to maintain and support the Site or provide any corrections, updates, or releases in connection with it.


10. GOVERNING LAW 


These terms and conditions are governed by and construed in accordance with the laws of Lithuania. The use of the United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded. If you are a consumer and your habitual residence is within the EU, you also enjoy the protection granted to you by mandatory provisions of the law in your country of residence. Both FINSTRAX UAB and you agree to submit to the non-exclusive jurisdiction of the courts in Vilnius. This means that, if you wish to assert your consumer protection rights relating to these Terms of Use, you may bring a claim in Lithuania or in the EU country where you reside.


11. DISCLAIMER


The site and our services are provided "as is" and "as available." You acknowledge and agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site's content or the content of any third-party websites linked to the site, and we assume no liability or responsibility for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage, or any unauthorized access to or use of our secure servers and/or any personal or financial information stored therein. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. You acknowledge that any reliance on such warranties, representations, information, or content shall be at your sole risk.


12. LIMITATIONS OF LIABILITY


In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to the amount paid, if any, by you to us during the one (1) month period prior to any cause of action arising. Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.


13. USER DATA


we will retain certain data that you send to the site to manage its performance and track your site usage. While we regularly back up data, you are solely responsible for any data you transmit or that relates to your activities on the site. You agree that we are not liable for any loss or corruption of such data, and you waive any claims against us arising from such loss or corruption.


14. SETTLEMENT OF CLAIMS AND DISPUTES


to facilitate prompt resolution and manage the expenses associated with any dispute, disagreement, or claim arising from these Terms of Use (referred to individually as a "Dispute" and collectively as "Disputes") brought by either party (referred to individually as a "Party" and collectively as the "Parties"), both Parties agree to first attempt informal negotiations to resolve the Dispute (except for the specific Disputes outlined below) for a minimum period of thirty (30) days before initiating arbitration. Informal negotiations commence upon written notice from one Party to the other Party.

Any Dispute arising from the contractual relationship between the Parties shall be determined by a single arbitrator selected in accordance with the Arbitration and Internal Rules of the European Court of Arbitration, a part of the European Centre of Arbitration based in Strasbourg, which are in effect at the time the arbitration application is filed. The arbitration proceedings shall take place in Vilnius, Lithuania, and the language used shall be English. The applicable substantive law shall be the law of Lithuania.

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the maximum extent permitted by law: (a) no arbitration shall be consolidated with any other proceeding; (b) there is no right or authority to conduct arbitration on a class-action basis or to employ class action procedures; and (c) there is no right or authority to bring a Dispute in a representative capacity on behalf of the general public or any other individuals.

The Parties acknowledge that the following Disputes are exempt from the aforementioned provisions regarding informal negotiations and binding arbitration: (a) Disputes seeking to enforce or protect the intellectual property rights of a Party or involving the validity of such rights; (b) Disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) claims seeking injunctive relief. If any part of this provision is deemed illegal or unenforceable, neither Party will opt for arbitration regarding any Dispute falling within that particular portion. Instead, such Dispute shall be resolved by a court of competent jurisdiction within the specified jurisdiction above, and the Parties consent to the personal jurisdiction of that court.


15. CONTACT US


in order to address any complaints or obtain additional information about the use of the Site, please feel free to contact us at the following email address: support@bitswifty.com