TERMS OF SERVICE
Last Updated: 23.7.18
G.B Bittax Ltd. (“Bittax”, “we,” “us” or “our”) is proud to offer you its unique system for the calculation of tax duties arising from cryptocurrency transactions and the preparation of requisite tax reports for filing with the tax authorities.
These Terms of Service (“Terms”) govern your access and use of Bittax’s website, software applications, services and any deliverables thereof, in connection with the system (collectively, the “Services”).
By using the Services, you agree to receive e-mails containing promotional information, as well as information with respect to Bittax’ normal business operation of your use of the Services. You may at all times opt-out from receiving educational and promotional emails simply by using our “unsubscribe” option.
USE OF THE SERVICES
You must be a natural person and at least 18 years old to access and use our Services. By using our Services, you warrant that you are 18 years or older and understand your obligations under these Terms.
The Services are based on our unique knowledge and experience in advising and representing clients before the tax authorities, and allow you to calculate your tax duties arising from cryptocurrencies transactions in accordance with our self-developed unique method, for the purpose of filing your report to the tax authorities.
You may find the full details of the various services that we offer in the following link: www.bit-tax.com
In order to use our Services, you must choose one of the services, and upon the payment for the services you will be rendered with a report that includes the amount of tax that you will be required in connection with the cryptocurrencies transactions you performed – in accordance with our calculation method – and further information and services in accordance with the service you choose.
Please note that the calculation method is a fair and professional position that been developed by Bittax for the purpose of suggesting the tax authorities a lenient alternative for tax obligations in connection with cryptocurrencies transaction. However, this method and our professional position have yet to be officially adopted or recognized by the tax authorities and may be different from the position of the tax authorities.
Furthermore, be advised that the report is excluded of the calculation and is providing solely the amount of tax obligation. Therefore, we strongly recommend to use the assistance of an accountant of tax advisor in filing the report to the tax authorities and to support the report with a professional opinion that details how this tax obligation was calculated. We of course may provide you such an opinion and represent you before the tax authorities, but this service is not included and is subject to separate engagement with us.
You further agree to comply with, and your license to use the Services is conditioned upon your compliance with, all applicable laws, regulations and legal orders of any kind, and you hereby undertake to use the Services only for lawful purposes. You are solely responsible to your use, or any use in your behalf, of the Services, and agree that Bittax shall not bear any liability as a result of your use of the Services.
- OUR PROPRIETARY RIGHTS
Bittax or its licensors own and reserve all rights, title and interests in and to the Services, Bittax Works (as defined in section 4 below) and all hardware, software and other items used to provide the Services, other than the rights explicitly granted to you to use the Services in accordance with these Terms.
No title to or ownership of any proprietary rights related to the Services is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Bittax. In the event that you provide comments, suggestions or recommendations to Bittax in connection with the Services (including, without limitation, regarding modifications, enhancements, improvements or other changes to the Services) (collectively, “Feedback”), you hereby grant Bittax a world-wide, royalty-free, irrevocable, perpetual license to use and otherwise incorporate into its Services any Feedback provided.
You may not (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, distribute, sell or lease any part of the Services; or (iii) reverse engineer or attempt to extract the source code of any Services we provide, unless you have Bittax’ prior written permission to do so.
- LICENSE TO USE OUR SERVICES
Subject to your compliance with these Terms, you may access and use our Services.
Any software, information or material provided to you is licensed, not sold. You have the right to use these software, information, materials and Services solely for the purpose of filing the report to the tax authorities, and subject to the conditions and limitations set out in these Terms.
We reserve all other rights to the Services and all that provided therewith, and you have no right to, and you may not, make any use that has not been specifically authorized herein, including without limitation: sublicense, copy, transfer, modify or make derivative works of the Services.
Unless we approve to you otherwise in writing, the software license ends when your use of the Services ends.
Please note that all payments are performed through third-party defrayment vendor and Bittax has neither control over, nor ability to intervene, the process of the payment.
It is your voluntary decision to make any payment and UNDER NO CIRCUMSTANCES YOU WILL BE ENTITLED TO REFUND.
- UPDATES, SUSPENSION AND TERMINATION OF THE SERVICES
Bittax reserves the right, at its sole discretion, to make any necessary unscheduled changes, updates or enhancements to the Services at any time.
We may add, remove or alter functionalities or features, and we also reserve the right to suspend or terminate your access to any or all of the Services at any time at our sole discretion, with or without cause or notice, and without incurring liability of any kind.
For example, we may suspend or terminate your access to, or use of, the Services due to: (a) an actual or suspected violation of these Terms; (b) use of the Services in a manner that may cause Bittax to incur legal liability or disrupt others’ use of the Services; (c) the suspicion or detection of any malicious code, virus or other compromise of the security of the Services by you; (d) scheduled or recurring downtime; or (e) unplanned technical problems and maintenance.
- Third Parties’ Links, Websites, and Services
The Services may include links to or integrations with third party websites, applications, advertisers or other services, that are not owned or controlled by us. We have no control over those websites even if our legal marks are presented therein, and we assume no responsibility or liability for the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site.
- NO WARRANTies
BITTAX PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.”
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BITTAX MAKES NO – AND SPECIFICALLY DISCLAIMS ALL – REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICES: WILL BE ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR; ARE INTENDED TO REPLACE AN INDIVIDUALY TAX ADVISE, OR; MEET THE TAX AUTHORITIES POSITIONS OR REQUIREMENTS, OR; GUARANTEE AN ACCURATE AND TRUE TAX OBLIGATION OR WILL BE ACTUALLY APPROVED OR ACCEPTED BY THE TAX AUTHORITIES OR IN ANY WAY OBLIGATE THE TAX AUTHORITIES, OR; ARE IMMUNE TO CYBER RISKS OR THAT THE DATA YOU PROVIDE WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED; OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT YOUR USE OF THE SERVICES MAY HAVE COMMERCIAL AND FINANCIAL IMPLICATIONS AND THAT THE SERVICES ARE MERELY AN AUXILIARY TOOL WHICH IS DESIGNATED TO ASSIST YOU IN PROVIDING THE TAX AUTHORITIES WITH LENIENT ALTERNATIVE FOR THE CALCULATION OF YOUR TAX OBLIGATIONS, AND BY USING THE SERVICES YOU ARE DOING SO AT YOUR OWN RISK AND RESPONSIBILITY. YOU FURTHER ACKNOWLEDGE THAT YOU MAY FIND THAT ACTUAL TAX OBLIGATIONS DETERMINED BY THE TAX AUTHORITIES DIFFER FROM THE INFORMATION PROVIDED IN THE REPRESENTATIONS AND INFORMATION DELIVERED TO YOU IN THE COURSE OF YOUR USE OF THE SERVICES.
WE STRONGLY ENCOURAGE YOU TO EXERCISE YOUR INDEPENDENT JUDGEMENT IN EACH CASE.
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BITTAX, ITS OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA, PROFITS OR REVENUE AND DAMAGES RESULTED OUT OF YOUR USE OF BITTAX’ SERVICES, CAUSED UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF BITTAX HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF BITTAX, ITS OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, RELATING TO THE SERVICES WILL BE LIMITED TO THE AMOUNT YOU PAID BITTAX, IF ANY, FOR THE SERVICE THAT CAUSED THE PURPORTED DAMAGES. THE LIMITATIONS AND EXCLUSIONS APPLY REGARDLESS OF WHETHER THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT, THIS LIMITATION WILL NOT APPLY TO YOU SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
To the extent permitted by law, you will defend, indemnify and hold Bittax, its officers, employees, agents or suppliers harmless from any and all claims, demands, losses, liabilities and expenses (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of the Services, or (ii) your violation of these Terms, or (iii) your violation of any applicable law or the rights of any third party including without limitation any copyright, property, publicity or privacy right, or (iv) any claim, including from the tax authorities, for impartial or wrong information provided by you. Bittax reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Bittax, and you agree to cooperate with our defense of such claims.
You agree not to settle any such claim without Bittax’ prior written consent. Bittax will use reasonable efforts to notify you of any such claim or demand that is subject to your indemnification obligation.
The foregoing indemnification undertakings will survive any termination of these Terms or termination of your use of the Services
- GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of the State of Israel without giving effect to any conflict or choice of law provisions.
You agree to submit to the personal and exclusive jurisdiction of the courts located in the Tel-Aviv, Israel, with respect to this Terms or your use of the Services, and hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts.
The above notwithstanding, Bittax may seek injunctive relief to preserve its rights or to enjoin a violation of these Terms, in any relevant jurisdiction.
- WAIVER & SEVERABILITY
If any provision of these Terms is held to be invalid, illegal or unenforceable for any reason by a court of competent jurisdiction, the provision shall be modified to the extent necessary to make it enforceable while, to the maximum extent possible, reflecting the intent of the parties, and, in any event, shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
- ASSIGNMENT & TRANSFER
We may assign, transfer or otherwise dispose of our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Services without our written permission.
- CHANGES TO THESE TERMS
We may, at our discretion, change, revise or modify these Terms from time to time, and any such revision or modification shall take effect upon the posting of the modified or revised Terms.
You are solely responsible for checking the Terms for updates or changes, and we recommend you do so on an ongoing basis to ensure that you agree with its updated terms. You can easily discern if any changes have been made in the Terms by checking the “Last Updated” date at the top of the Terms.
Your continued use of our Services following the posting of changes to this Terms or receipt of notice, whichever occurs first, means that you accept those changes. If you do not agree with our changes to the Terms, you may not continue to use our Service.
If we make any material changes to these Terms, we will notify you and require your explicit consent before you will be able to continue to use the Services.
- CONTACT US
If you have any questions about these Terms, please contact us at: email@example.com