Welcome to our Bits Terms and Conditions!
Has anyone ever read these? Probably not. But you’re here and you look curious. So come on in, get comfortable, put your feet up - and let’s get legal. At Bits we want to be as transparent as possible, however as you may be aware, lawyers are an actual thing - and ‘small print’ is a sad necessity in this big bad world. So we decided to translate the ‘small print’ into ‘not-so-small-print’ so it makes actual sense to real actual people.
If you’re a lawyer - hi there - you can head straight to the bottom of the page where there’s some seriously deep sexy legislation stuff to be had. We even use the word ‘estoppel’ at one point. For everyone else, hopefully this top part of the page will make things easier on the brain and make logical sense.
Some things are not yours
Logos take time to make, colours are hard to choose, products take ages to build and this snappy content doesn’t write itself. We’ve put a lot of time, talent, money and effort into crafting Bits, so don’t steal any of our things and pretend they’re yours - because they’re ours. We’re not going to get into the weeds over ‘copyright’ and ‘intellectual property’ because no one really understands what they are, but we’re sure you wouldn’t pretend you’re us because you have more talent than that and you probably have really good ideas of your own. This extends to:
Imagery and Graphics
But, you know, we’re nice - so of course you can share the app, the branding, the content. You can Tweet it, Snap it, Gram it and er...Redd it. You can print some of it out if you have a printer (who has a printer?) or screen-grab things and the like.
The only thing we’ll add is don’t sell any of that stuff. So don’t use it in Ads, don’t use it in paid social posts - basically don’t make money from it. Because it’s ours. And if anyone is going to attempt to make money from our stuff, it should probably be us.
Some things are yours
Things like your data, or anything you upload to any of our products like an ID or photograph of yourself are 100% yours. We’ll never steal data from you and we don’t really need to steal that photo of you either - beautiful though you are.
Things to not do
You can use Bits pretty much any way you want, but there are some uses of Bits which are not allowed. They’re pretty obvious and pretty serious and sit very heavily in the ‘don’t be a jerk’ category.
Don’t use Bits to cause harm, damage - or do anything to prevent someone else using Bits if they want to use Bits.
Don’t use Bits to empower hate, do anything illegal, be abusive, be a terrorist, harass anyone, threaten anyone, or use Bits to try and break any laws, regulations or the very seat of government itself. The world is crazy enough as it is right now without throwing Bits into the mix.
Don’t use Bits to make copies or clones of Bits because that’s just creepy and sad. Build something cool instead.
Links and websites
External websites which we may link to for whatever reason - unless we say they’re ours, they’re not ours. This means we don’t have any control over them, so be careful and use common sense when giving away things like data. There’s some bad people out there.
It’s here. It’s glorious. It’s written like this. It’s easy to understand and you should read it. Not just because it took ages to write, but because it explains how we use your data - and that’s important for you to know about.
Look, running a technology product is tough. Shit happens. There’s a million things that can cause a website to crash or an app screen to bork. We know because this isn’t our first rodeo. So rest assured, if there’s a bug or a crash or an outage - we’ll fix it as soon as we can. In fact when we have an outage, some poor developer hears an alarm at some ungodly hour of the night - they’ll wipe the sleep from their tired eyes and get on that fix straight away. That’s a promise. But because shit happens, we can’t guarantee we’re ‘always on’. Even the biggest and best in the world means 99.99%. Nothing is perfect. Well, not until the robots anyway.
Until that robot dawn you’ll have to accept the chance of some occasional errors or outages. So we can’t take responsibility for those things. Likewise we might need to close a part of the product or discontinue a feature that you love. Sorry in advance for that. We know it’s annoying, but we had reasons.
What we will do is tell you as soon as we can if there’s something wrong and tell you when we think it’ll be fixed. We’ll also make sure we’ll work as hard as we can to prevent anything wrong from happening, and we’ll make sure we’re Bits is secure as Bits can be.
In return you’ll tell us if anything goes wrong - and also make sure your password isn’t something stupid like ‘1234’ or <deep breath> ‘password’.
We can’t be blamed for everything
In legal terms this is called limited liability, but in real language it means ‘some stuff isn’t our fault’.
Death. Fraud. That stuff. If we’re at fault then we’re at fault. If we’re not we’re not.
If something is beyond our control, then any losses aren’t our fault.
Any business losses or data loses that are beyond our control - you guessed it - aren’t our fault.
We’ll take responsibility for things that are our fault, but sadly not everything is in our control. Until robots.
Some other things to mention
These are your rights, your data and no one else’s rights or data. You can’t lend them to someone or ask someone to use them on your behalf - that would be just too confusing.
We’re allowed to change these Terms and Conditions when we want, but we’ll tell you if we do.
All of this is under UK law in England and Wales. Not somewhere else like France.
You have to be 18 or over to pay and play.
You have to be a UK resident.
Hi there legal eagle!
Here it all is in it’s legal glory. Enjoy yourself!
These terms and conditions apply between you, the User of this Website or App (including any sub-domains, unless expressly excluded by their own terms and conditions), and Fea Card Limited, the owner and operator of this Website or App. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website or App. If you do not agree to be bound by these terms and conditions, you should stop using the Website or App immediately.
In these terms and conditions, User or Users means any third party that accesses the Website or App and is not either (i) employed by Fea Card Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Fea Card Limited and accessing the Website or App in connection with the provision of such services. You must be at least 18 years of age to use this Website or App. By using the Website or App and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use
1. All Content included on the Website or App, unless uploaded by Users, is the property of Fea Card Limited, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website or App, including any such content uploaded by Users. By continuing to use the Website or App you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
2. You may, for your own personal, non-commercial use only, do the following:
a. retrieve, display and view the Content on a computer screen or mobile device
b. print one copy of the Content
3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Fea Card Limited.
4. You may not use the Website or App for any of the following purposes:
a. in any way which causes, or may cause, damage to the Website or App or interferes with any other person's use or enjoyment of the Website or App;
b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Links to other websites
5. This Website or App may contain links to other sites. Unless expressly stated, these sites are not under the control of Fea Card Limited or that of our affiliates.
6. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
7. The inclusion of a link to another site on this Website or App does not imply any endorsement of the sites themselves or of those in control of them.
Availability of the Website or App and disclaimers
9. Any online facilities, tools, services or information that Fea Card Limited makes available through the Website or App (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Fea Card Limited is under no obligation to update information on the Website or App.
10. Whilst Fea Card Limited uses reasonable endeavours to ensure that the Website or App is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
11. Fea Card Limited accepts no liability for any disruption or non-availability of the Website or App.
12. Fea Card Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website or App including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website or App unless it is expressly stated otherwise.
Limitation of liability
13. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
14. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
15. To the maximum extent permitted by law, Fea Card Limited accepts no liability for any of the following:
a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b. loss or corruption of any data, database or software;
c. any special, indirect or consequential loss or damage.
Credit Reference Agency Information Notice
16. In order to process your application, we will perform credit and identity checks on you with one or more credit reference agencies (“CRAs”). Where you take banking services from us we may also make periodic searches at CRAs to manage your account with us.
To do this, we will supply your personal information to CRAs and they will give us information about you. This will include information from your credit application and about your financial situation and financial history. CRAs will supply to us both public (including the electoral register) and shared credit, financial situation and financial history information and fraud prevention information.
We will use this information to:
• Assess your creditworthiness and whether you can afford to take the product;
• Verify the accuracy of the data you have provided to us;
• Prevent criminal activity, fraud and money laundering;
• Manage your account(s);
• Trace and recover debts; and
• Ensure any offers provided to you are appropriate to your circumstances.
We will continue to exchange information about you with CRAs while you have a relationship with us. We will also inform the CRAs about your settled accounts. If you borrow and do not repay in full and on time, CRAs will record the outstanding debt. This information may be supplied to other organisations by CRAs.
When CRAs receive a search from us they will place a search footprint on your credit file that may be seen by other lenders.
If you are making a joint application, or tell us that you have a spouse or financial associate, we will link your records together, so you should make sure you discuss this with them, and share with them this information, before lodging the application. CRAs will also link your records together and these links will remain on your and their files until such time as you or your partner successfully files for a disassociation with the CRAs to break that link.
The identities of the CRAs, their role also as fraud prevention agencies, the data they hold, the ways in which they use and share personal information, data retention periods and your data protection rights with the CRAs are explained in more detail at www.experian.co.uk/crain CRAIN is also accessible from each of the three CRAs.
17. In order to process your application we will supply your personal information to credit reference agencies (CRAs) and they will give us information about you, such as about your financial history. We do this to assess creditworthiness and product suitability, check your identity, manage your account, trace and recover debts and prevent criminal activity.
We will also continue to exchange information about you with CRAs on an ongoing basis, including about your settled accounts and any debts not fully repaid on time. CRAs will share your information with other organisations. Your data will also be linked to the data of your spouse, any joint applicants or other financial associates.
The identities of the CRAs, and the ways in which they use and share personal information, are explained in more detail at experian.co.uk.
18. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
19. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website or App from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
21. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
22. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
23. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
24. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Fea Card Limited details
25. Fea Card Limited is a company incorporated in England and Wales with registered number 11620703 whose registered address is 110b Camden Street, London, NW10HY and it operates the Website www.getbits.app and App. You can contact Fea Card Limited by email on email@example.com.
August 7, 2019