bip.io Terms of Service

Acceptance of Terms

IMPORTANT -- READ CAREFULLY: BY CREATING AN ACCOUNT OR BY UTILIZING THE BIP.IO SERVICE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Welcome to wot.io, inc.’s (“wot.io”) bip.io service (the “Service”), an online tool that links third party Application Programming Interfaces (“APIs”) together for the purpose of non-trivial message transformation and distribution. Your use of the Service is subject to these terms of service (these “Terms of Service”). These Terms of Service are a legal agreement between You and wot.io for use of the Service. “You” or “Your” refers to any individual who creates an account on the Service, or, if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then “You” or “Your” refers to such entity. Your use of the Service is also subject to the bip.io Privacy Policy, available at https://bip.io/privacy. If You do not agree with the terms of these Terms of Service or the Privacy Policy, do not use the Service. wot.io reserves the right to update and change these Terms of Service and the Privacy Policy from time to time without notice or acceptance by You. These Terms of Service and the Privacy Policy will also be applicable to the use of the Service on a trial basis. By using the Service, You signify Your irrevocable acceptance of these Terms of Service.

The website and any downloadable software associated with the Service are protected by copyright laws and international copyright treaties as well as other intellectual property laws and treaties.

Service Description

The Service includes, and is limited to, a website and APIs allowing You access to and use of a single bip.io Account. A “bip.io Account” or “Account” referred to herein means an online account whereby You may access a website, provided by wot.io, where You may use bip.io to create, update, share, and publish information, data, text, messages or other materials (“Content”).

Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including, without limitation, operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to these Terms of Service. In order to use the Service, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the Service may include certain communications from wot.io, such as service announcements, administrative messages, etc., and that these communications are considered part of the Service and You will not be able to opt out of receiving them. You agree not to access the Service by any means other than through the web and APIs that are provided and publicly documented by wot.io for use in accessing the Service. wot.io will provide the Service in accordance with these Terms of Service. wot.io may at its sole discretion modify the features of the Service from time to time without prior notice.

Registration

In order to use the Service, You must have a valid Account. To acquire an Account for the Service, You must provide wot.io with an e-mail address and other information (“Registration Data”). You will choose an account designation for Your Account during the Service's registration process. You are responsible for maintaining the confidentiality of the access data for Your Account, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify wot.io of any unauthorized use of Your Account or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. wot.io cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. In consideration of Your use of the Service, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. wot.io assumes no duty to verify such information as further detailed in the Content of the Service section of these Terms of Service. If You provide any information that is untrue, inaccurate, not current or incomplete, or wot.io has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, wot.io has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof).

Individuals under thirteen (13) years of age are not permitted to use the Service. Individuals who are under eighteen (18) years of age are required to have a parent or guardian review and complete the registration process on their behalf.

Third Party Services

The Service enables communication between various online third party services (“Third Party Services”). To take advantage of these features and capabilities, we may ask You to authenticate, register for or log into Third Party Services through the Service or on the websites of their respective providers. For more information about the implications of activating these Third Party Services and wot.io's use, storage and disclosure of Your personal information and Your use of Third Party Services within bip.io, please see the bip.io Privacy Policy at https://bip.io/privacy. However, please remember that the manner in which Third Party Services use, store and disclose Your information is governed solely by the policies of such third parties.

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet (including, without limitation, Third Party Services). wot.io has no control over such sites and resources and is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that wot.io will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings You have with third parties found while using the Service are between You and the third party, and You agree that wot.io is not liable for any loss or claim that You may have against any such third party.

The Service includes certain services that are available via a mobile device, including the ability to set the Service to communicate with mobile devices by telephone call or SMS (collectively, the “Mobile Services”). To the extent You use the Service through a mobile device, Your wireless service carrier's standard charges, data rates and other fees may apply. In addition, using Mobile Services may be prohibited or restricted by Your carrier, and not all Mobile Services may work with all carriers or devices. In the event You change or deactivate Your mobile telephone number, You agree to promptly update Your bip.io Account information to ensure that Your messages are not sent to the person that acquires Your old number.

Payments

To the extent the Service or any portion thereof is made available for any fee, You will be required to select a payment plan and provide wot.io information regarding Your preferred payment instrument. You represent and warrant to wot.io that such information is true and that You are authorized to use the payment instrument. You will promptly update Your Account information with any changes (for example, a change in Your billing address or credit card expiration date) that may occur. You agree to pay wot.io the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. You hereby authorize wot.io to bill Your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until You terminate Your Account, and You further agree to pay any charges so incurred. If You dispute any charges you must let wot.io know within sixty (60) days after the date that wot.io bills You. wot.io reserves the right to change prices for the Service. If wot.io makes such a change and You are on active payment plan, You will have the option to continue using wot.io at the previous price. You may upgrade or downgrade plans at any time, with the balance of a downgrade being credited pro-rata to the following month.

Termination, Breach, Suspension and Cancellation

wot.io may, at its sole discretion, at any time and for any reason, terminate the Service, terminate these Terms of Service, or suspend or terminate Your Account. In the event of suspension or termination, Your account will be disabled and You may not be granted access to Your Account or any files or other Content contained in Your Account, and wot.io may delete Your Content, although residual copies of information may remain in the wot.io system for some time for back-up purposes. In the event of termination, wot.io may also withdraw and, at its discretion, reallocate the public web address of Your Account.

If You terminate Your Account via means provided for cancellation on the wot.io website or in Your Account, or via e-mail to wot.io, and You request that wot.io delete Content and files contained in Your Account, wot.io will make all reasonable efforts to do so.

Proprietary/Intellectual Property Rights

wot.io and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Service and in all trade names, trademarks and service marks associated or displayed with the Service. You will not remove, deface or obscure any of wot.io’s or its suppliers’ copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Service. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Service.

Injunctive Relief

You acknowledge that any use of the Service contrary to these Terms of Service, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Service, may cause irreparable injury to wot.io, its affiliates, suppliers and any other party authorized by wot.io to resell, distribute, or promote the Service (“Resellers”), and under such circumstances, wot.io, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.

Proper Use

You understand that all Content are the sole responsibility of the person from which such Content originated. This means that You, and not wot.io, are entirely responsible for all Content that You upload, post, transmit or otherwise make available via Your Account. wot.io does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

You understand that by using the Service, You may be exposed to Content that You find offensive. Under no circumstances will wot.io be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that wot.io does not pre-screen Content, but that wot.io and its designees shall have the right (but not the obligation), in their sole discretion, to refuse or remove any Content that is available via the Service. Without limiting the foregoing, wot.io and its designees shall have the right to remove any Content that violates these Terms of Service. You agree that You must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, You acknowledge that You may not reasonably rely on any Content created by or submitted to the Service. You acknowledge and agree that wot.io may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal processes; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of wot.io, its users and the public.

You understand that the technical processing and transmission of the Service, including Your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, external APIs or devices.

Should Content be found or reported to be in violation of, but not limited to, the following terms, it will be in wot.io's sole discretion as to what action should be taken. You agree that You will not:

(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding, any address, e-mail, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;

(b) harm minors in any way;

(c) impersonate any person or entity, including, but not limited to, a wot.io official, forum leader, guide or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

(e) upload, post or otherwise transmit any Content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;

(g) upload, post, or transmit unsolicited commercial e-mail or “spam”. This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam” including, but not limited to, (i) sending mass e-mail to recipients who haven't requested e-mail from You or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting Your site by posting multiple submissions in public forums that are identical;

(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

(j) “stalk” or otherwise harass another;

(k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty, which may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;

(l) offer for sale or sell any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) You do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) wot.io determines, in its sole discretion, is inappropriate for sale through the Service provided by wot.io;

(m) exceed the scope of the Service that You have signed up for; for example, accessing and using the tools that You do not have a right to use, or having humans share Account logins, or deleting, adding to, or otherwise changing other people's comments or content as an Account holder. If any user is reported to be in violation with the letter or spirit of these terms, wot.io retains the right to terminate such account at any time without further warning.

General Practices Regarding Use and Storage

You agree that wot.io has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. You acknowledge that wot.io may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time. wot.io retains the right to create limits on use and storage at its sole discretion at any time with or without notice. You acknowledge that wot.io reserve the right to log off users automatically or by manual intervention who are inactive for one (1) year.

You agree that You will not:

(a) upload, post, e-mail, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(b) interfere with or disrupt the Service or networks connected to the bip.io website or through the use of our Service, or disobey any requirements, procedures, policies or regulations of networks connected to the bip.io website or through the use of the Service, or otherwise interfere with the Service in any way, including through the use of JavaScript, ActiveX or other coding;

(c) take any action that imposes an unreasonable or disproportionately large load on wot.io’s infrastructure; or

(d) copy, reproduce, alter, modify, or publicly display any information displayed on the bip.io website (except for Your information), or create derivative works from the bip.io website (other than from Your information), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of wot.io or any other third party, except with the prior written consent of wot.io or the appropriate third party.

Content of The Service

wot.io takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does wot.io have any obligation to monitor such third party content. wot.io reserves the right at all times to remove or refuse to distribute any Content on the Service, such as Content which violates the terms of these Terms of Service. wot.io also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of wot.io, its users and the public. wot.io will not be responsible or liable for the exercise or non-exercise of its rights under these Terms of Service.

International Use

Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside.

Resale of The Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission of wot.io.

Indemnity

You agree to indemnify, defend and hold harmless wot.io, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney’s fees as and when incurred) arising from Your use of the Service, Your use of Your Account, Your violation of these Terms of Service or the infringement or violation by You or any other user of Your Account, of any intellectual property or other right of any person or entity.

Service Modifications

wot.io reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that wot.io shall not be liable to You or to any third party for any modification, suspension, termination or discontinuance of the Service.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between You and wot.io is intended or created by these Terms of Service.

Waiver And Severability

Failure by either party to exercise any of its rights under, or to enforce any provision of, these Terms of Service will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of these Terms of Service is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of these Terms of Service will remain in full force and effect.

Statute Of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of wot.io services, including the Service, or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Warranty

THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND wot.io EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT wot.io DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM wot.io OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

You represent and warrant that (a) all of the information provided by You to wot.io to participate in the Service is correct and current; and (b) You have all necessary right, power and authority to enter into these Terms of Service and to perform the acts required of You hereunder.

Limitation Of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL wot.io BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TERMS OF SERVICE BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS OF SERVICE.

Payment services for the SERVICE are provided by Stripe, Inc. wot.io does not store or maintain your personal payment information and is not responsible for, and disclaims all liability in connection with, any losses or damages resulting from your use of Stripe, Inc.'s services.

Dispute Resolution

The parties shall use reasonable efforts to resolve amicably any disputes that may relate to or arise under these Terms of Service. Any disputes that cannot be resolved in such manner shall be settled exclusively by arbitration conducted under the auspices of the American Arbitration Association (the “AAA”) in Wilmington, DE, in accordance with the Commercial Arbitration Rules of the AAA; provided that either party may seek injunctive relief from any court of competent jurisdiction. The award rendered in such arbitration shall be final, non-appealable and bind the parties, and any court having jurisdiction with respect thereto can enter judgment upon the award. Without limiting the generality of the foregoing, the following specific provisions shall also apply: (i) the proceedings shall be held before a single arbitrator; (ii) the arbitrators shall apply the law chosen in Section 23; (iii) the prevailing party shall be entitled to recover, in addition to any other amounts awarded, an amount for legal and other related costs and expenses, including attorneys’ fees, incurred thereby that is reasonable and equitable in relation to the award; (iv) the costs of the arbitration (other than the parties’ costs and expenses) will be allocated among the parties in the discretion of the arbitrator; and (v) the decision of the arbitrator shall be in a writing stating the facts and law upon which the decision rests and shall be given no later than ten (10) days following the conclusion of the necessary hearings.

Notices

All notices or other communications required or permitted under these Terms of Service shall be in writing and shall be delivered by overnight or two-day delivery service addressed as indicated below (as such address may be changed by subsequent notice provided in accordance with this Section). If such notice is to be provided to wot.io: 30 West 24th Street, 6th Floor, New York, NY 10010 Attn: Legal; if such notice is to be provided to You: notice shall be provided in accordance with the contact information set forth on the confirmation page. All such notices shall be deemed delivered at the time of delivery or upon the failure of the second delivery attempted in accordance with this Section.

Choice of Law And Forum

The validity and interpretation of these Terms of Service shall be governed in accordance with the laws of the State of Delaware, without regard to conflict of laws principles. The parties irrevocably consent to exclusive jurisdiction and venue of the state and federal courts located in Wilmington, DE to the extent a dispute arising under these Terms of Service cannot be properly brought before an Arbitration Panel. To the extent a dispute can be properly brought before an Arbitration Panel, Section 21 shall govern the form and venue for disputes arising under these Terms of Service. Process shall be deemed sufficient if served on either party by courier service or recognized mail delivery service (e.g., U.S. Mail), postage prepaid, certified or registered, return receipt requested, and addressed as indicated in Section 22 of these Terms of Service. The parties hereby waive any objection as to the sufficiency of the method of service, if service is made as set forth herein. Notwithstanding the foregoing, wot.io shall be permitted to bring any intellectual property claim or any claim involving the breach of any confidentiality obligations under these Terms of Service in any court of competent jurisdiction.

Agreement and General Provisions

These Terms of Service embody the entire understanding and agreement between the parties respecting the subject matter of these Terms of Service and supersede any and all prior understandings and agreements between the parties respecting such subject matter. wot.io may change these Terms of Service at any time by posting modified terms on its website. These Terms of Service have been prepared in the English Language and such version shall be controlling in all respects and any non-English version of these Terms of Service is solely for accommodation purposes. Any and all rights and remedies of wot.io upon Your breach or other default under these Terms of Service will be deemed cumulative and not exclusive of any other right or remedy conferred by these Terms of Service or by law or equity on wot.io, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in these Terms of Service are for reference only and will not be considered in construing these Terms of Service. Notices to You may be made via either e-mail or regular mail. The Service may also provide notices of changes to these Terms of Service or other matters by displaying notices or links to notices to You generally on the Service.