BITSY Terms & Conditions of Service

Thank you for visiting www.bitsyspace.com (the “Site”). These terms of service (“Terms”) listed below constitute the entire agreement between you and BITSY Inc. (“BITSY” or “us”, “our”, “we”). These Terms govern your access and use of the Site and any related mobile application or software whether existing now or in the future that provides an online platform to be used as a connector between Space Seekers and Space Providers (as such terms are defined below) to connect and to reserve Spaces directly with each other (collectively the “Services”). By using the Services, you signify your assent to both these Terms and our Privacy Policy, which is available at Privacy Policy. Changes may be made to these Terms from time to time. Your continued use of the Site and/or the Services will be deemed acceptance to any such amended or updated terms. If you do not agree to any of these Terms, please do not click “ACCEPT” and do not use the Site and/or Services. By clicking “ACCEPT”: you represent and warrant that (1) you have read, understood and agreed to these Terms and the Privacy Policy; (2) you are at least 18 years old; (3) that you have all necessary permits, permissions, and insurance coverages to make use of the Services and (4) if you are acting on behalf of a legal entity, you confirm that you accept these Terms as an individual and on behalf of such entity and have the authority to enter into this Terms on its behalf.

BITSY reserves the right to change, modify or update the Terms, and the Services at any time without prior notice, including updates that modify or remove previously- available functionality. Your continued use of the Services will be deemed acceptance of all such amended or updated terms.

  1. Definitions
    1. Space: A unique event space being offered for short-term lease or rent by a Space Provider on the Site.
    2. Space Provider: Individuals or entities seeking to rent out Spaces they own for a limited duration.
    3. Space Seeker: Any end-user of the Services, who uses the Services to locate spaces to rent for a limited period.
    4. BITSY: BITSY and its subsidiaries, members, parent, shareholders, affiliates, officers, directors, employees, independent contractors and agents
    5. Service Provider: Providers of event services who partner with BITSY
    6. Usage Fee: Fee that the Space Provider charges the Space Seeker for the use of the Space (the amount of the Usage Fee is set forth in the Space Use Agreement as such term is defined in the Terms).
    7. Service Fee: Fee which BITSY charges Space Providers for providing the Services, currently set at 5% of the Usage Fee, unless otherwise agreed in writing between BITSY and Space Provider, and the fee which BITSY charges to a Space Seeker for processing the Usage Fee and which is calculated as a percentage of the applicable Usage Fee (currently waived). Such Service Fee is not refundable.
    8. Transaction Fee: Total fee charged to a Space Seeker upon successful reservation of a Space. This includes the Usage Fee and the Processing Fee including any applicable additional fees that may apply for use of a Space for a longer period of time than agreed to.
    9. User or you: Space Provider, or Space Seeker, or Service Providers or any individual or entity looking to use the Site and/or the Services.
  2. Recitals
    1. Authorized Use. Subject to the terms and conditions hereof, during the period these Terms are in effect we allow you to use the Services on a non-exclusive basis. You agree to use the Services solely for your own use. You shall not permit anyone, including yourself or a third party, to reproduce, sell, lease, rent, publicly perform, display, disseminate, distribute, broadcast, or retransmit the Services to any third party, or provide Services to any third party, except for allowing other Users to negotiate prices with respect to goods and services that you provide and to purchase or license such goods or services. You shall not permit anyone, including yourself or a third party, to use the Services in violation of any applicable law or regulation.
    2. Restrictions. You agree to use the Services only as permitted under these Terms. You will not and you will not permit any third party to: (a) impersonate another user or otherwise misrepresent yourself in any manner (including registering through multiple accounts or personas); (b) defame, abuse, stalk or threaten other Users; (c) post or transmit any User Content (as defined below) that is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (d) publish falsehoods or misrepresentations; (e) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content; or (f) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, search or data-mine the Services. You may not, nor may you assist other parties to (a) copy, modify, adapt, create derivative works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services, including any User Content, (b) reverse-engineer, disassemble, or attempt to derive the source code of the software used to provide the Services, or (c) provide or distribute the Services to third parties. You may not use the Services for any commercial or other purposes that are not expressly permitted by these Terms
    3. User Assumption of Risk. Every User’s use of the Services is at their own risk. BITSY is not responsible for the conduct of, or your interactions with, any other User (whether online or offline) or any associated loss, damage, injury or harm.
    4. Account Registration. You agree to use the Services only as permitted under these Terms. You will not and you will not permit any third party to: (a) impersonate another user or otherwise misrepresent yourself in any manner (including registering through multiple accounts or personas); (b) defame, abuse, stalk or threaten other Users; (c) post or transmit any User Content (as defined below) that is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (d) publish falsehoods or misrepresentations; (e) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content; or (f) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, search or data-mine the Services. You may not, nor may you assist other parties to (a) copy, modify, adapt, create derivative works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services, including any User Content, (b) reverse-engineer, disassemble, or attempt to derive the source code of the software used to provide the Services, or (c) provide or distribute the Services to third parties. You may not use the Services for any commercial or other purposes that are not expressly permitted by these Terms
    5. User Content. User Content means all content that Users post, upload, publish, submit, transmit, include, or make available through the Services. User Content includes but is not limited to information, descriptions and images regarding Spaces, any modifications or derivatives that Users make of the foregoing, as well as feedback, comments or ratings. You are fully and solely responsible for any User Content you submit or post to the Services. If you provide any User Content, you represent and warrant that such content is accurate and true, and does not (a) infringe the intellectual property, moral, privacy or publicity rights of any third party, (b) contain any defamatory, libelous, obscene, sexually suggestive or otherwise offensive content (including material promoting or glorifying hate, violence, or bigotry), (c) contain any worms, viruses or otherwise malicious software or other harmful or disruptive component, (d) violate any applicable law or regulation, (e) encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive . By posting or uploading any User Content you hereby grant BITSY and its affiliates, successors and sublicensees a worldwide, non-exclusive, non-revocable, perpetual, fully paid and royalty-free, transferable, sub-licensable license to use, publish, reproduce, perform, display, prepare derivative work of and distribute such User Content in any form, all in connection with the operation of the Services, including without limitation through any social media network in order to promote and market our Services. BITSY has no obligation to accept, display, review or maintain any User Content. We reserve the right to remove, suspend access to or permanently delete any User Content, without notice, at BITSY’s sole discretion. You understand that BITSY is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to User Content. Although all Users must agree to our Terms, it is possible that other Users (including unauthorized users) may post or transmit offensive or obscene materials that you may be involuntarily exposed to such offensive or obscene materials, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against us with respect to thereto. Nothing in these Terms grants you any right to use any BITSY’s or any asset of any third party.
    6. Space Provider Responsibilities. Space Provider, not BITSY, is solely responsible for obtaining any and all permits and/or approvals necessary to rent out a Space, to host events, or otherwise use the Services. Space Provider, not BITSY, is solely responsible for paying all applicable taxes, levies, or fees with respect to providing use of a Space. Space Provider, not BITSY, is responsible for obtaining and maintaining insurance policy or policies sufficient to cover the use of each Space offered via the Service, as set forth in further detail below. BITSY reserves the right at any time to refuse to list a Space or cancel the listing of a Space or to remove a Space listing for any reason whatsoever. Users agree that there shall be no recourse against BITSY for exercising its right to refuse a listing, or for removing the listing of a Space from the Services.
    7. Space Provider and BITSY Cooperation. Space Provider shall do its best efforts to cooperate with BITSY in making the Services available. Space Provider hereby grants BITSY permission to physically enter a listed Space at a mutually agreed upon time and date, and agrees to allow BITSY to take photographic and/or video images of your Space in connection with the Services and to upload such pictures on the Services or any social network, at BITSY’s sole discretion. Space Provider agrees to provide the Space Seeker access to the Space at the agreed upon time and for the agreed upon period of time. Space Provider is responsible for providing the Space in the condition described in the advertisement, pictures, and announcements posted on the Services. BITSY reserves the right to refuse to list any property, at its sole discretion, on the Services.
    8. Space Seeker Responsibilities. Space Seeker is solely responsible for ensuring that the Space is safe and suitable for the use it intends to make of it. BITSY does not control the content of the Spaces listed on the Services. BITSY is not responsible for and disclaims any and all liability related to any and all listings of Spaces on the Services. Space Seeker’s reservation of a Space through the Services is made at its own risk. Space Seeker is responsible for leaving a rented Space in the same condition as it was found. Space Seeker is responsible for its own acts and omissions and for the acts and omissions of any individuals whom it invites to the Space, or otherwise provides access to the Space, including but not limited to guests, invitees, vendors and other service professionals. In the event Space Provider claims that the property was not relinquished in the same condition as it was found, and provides evidence of damage, including but not limited to photographs, the Space Seeker shall pay the cost of replacing any damaged items with equivalent items. Space Seeker also may be responsible for obtaining and maintaining insurance policy or policies sufficient to cover the use of each Space offered via the Service, as set forth in further detail below. Space Seeker must in addition take adequate measures to confirm the identification and age of those wishing to drink during the event taking place in the Space. It is illegal to serve alcohol to or purchase alcoholic beverages for a minor.
    9. Service Providers. BITSY may permit certain providers of services such as photographers, musicians, caterers, etc. to list their information on BITSY. Service Providers’ information is provided for informational purposes only. BITSY does not endorse the Service Providers in any way, and is not liable in any way whatsoever for any representations of the Service Providers or the services they provide. BITSY also does not make any representation, warranty or guaranty to any Service Provider, and shall not be liable to any Service Provider for any act or omission of BITSY or User or any third party. Each Service Provider is a User hereunder, and is subject to the Terms as applicable.
    10. Booking Confirmation, Space Use Agreement, Usage Fee, Commission. After a Space booking has been confirmed by Space Provider or Space Seeker, the Space Seeker will then be charged the Transaction Fee by BITSY. The Transaction Fee will include the Usage Fee and the Processing Fee. BITSY shall retain a Commission on such Usage Fee and shall forward to the Space Provider the remaining Usage Fee minus any applicable taxes, commissions, and amounts withheld at the sole discretion of BITSY to address concerns or complaints about the Space, if any made by Space Seeker or third parties. By reserving a Space on the Services, Space Seeker represents and warrants the following: (i) any payment information you supply is true and complete; (ii) charges incurred by you will be honored by payment card company. After a Space booking has been confirmed by Space Provider or Space Seeker on the Services, Space Seeker and Space Provider must then accept a space use agreement (the “Space Use Agreement”) using the template available at Space Use Agreement. This Space Use Agreement includes important terms, including the amount of the Usage Fee, the amount of the Security Deposit, and the cancellation policy (the “Cancellation Policy”) for the Space. Each of Space Provider and Space Seeker should review this Space Use Agreement carefully.
    11. Cancellation Policies. Space Providers shall provide a Cancellation Policy to Space Seekers. Customizable cancellation policies will be provided to Space Providers by BITSY. Cancellation policies will set forth the terms of reimbursement, if any, in the Space Use Agreement for each Space. Space Seeker must review the Cancellation Policy contained in the Space Use Agreement carefully. Regardless of the Cancellation Policy, BITSY’s Processing Fees are not subject to cancellation or reimbursement.
    12. Insurance
      1. BITSY requires that Space Provider and/or the Space Seeker obtain insurance or review their existing policies and make sure their insurance covers any loss that may arise out of the use of that particular Space by the Space Seeker, its guests, invitees, vendors, clients, customers or licensees, including policies covering property damage, casualty, personal injury, fire, and general liability (“Sufficient Insurance”). BITSY disclaims any and all liability for Space Provider or Space Seeker’s failure to be covered by Sufficient Insurance. To the extent Space Provider has not obtained and does not have Sufficient Insurance, it shall require Space Seeker to purchase such Sufficient Insurance prior to the Event Date. BITSY shall have no liability for the Parties’ failure to contract Sufficient Insurance.
      2. Subject to the conditions below, BITSY maintains an insurance policy providing limited supplemental liability insurance for the protection of Space Provider (the “Space Provider Insurance Policy”). BITSY’s provision of Space Provider Insurance Policy does not eliminate the Space Provider or Event Space Seeker’s obligation to have Sufficient Insurance as provided in section 12.1 of the Terms. The Space Provider Insurance Policy shall be:
        1. Available only to Space Provider who have fully and timely complied with the Terms and the Space Use Agreement;
        2. Supplemental to the Space Provider’s Sufficient Insurance as required in section 12.1 of the Terms;
        3. Subject to and limited by the Space Provider Insurance Policy’s terms, conditions, and exclusions;
        4. Subject to amendment, modification, or termination by BITSY at any time in its sole discretion without notice to any Space Provider;
        5. Made available upon request by contacting the BITSY support team at info@BITSYspace.com.
    13. Payment. BITSY does not currently collect any credit card information. Payments by Space Seeker will be handled by our third-party payment processor Stripe, or through alternative payment service providers (the “Payment Service Providers”). BITSY shall not be responsible or liable for the acts of the Payment Service Providers. Use of the Payment Service Providers is subject to their own terms which you shall review. By confirming that you wish to proceed with your payment of your Space booking, you authorize the Payment Service Providers to request funds from your credit or debit card provider. BITSY disclaims any liability for any damages or expenses which you may suffer or incur as a result of the Payment Service Providers’ activities.
    14. NON-CIRCUMVENTION. OTHER THAN AS PROVIDED THROUGH THE SERVICES, YOU MAY NOT USE THE SERVICES TO FIND A SPACE SEEKER OR A SPACE PROVIDER AND THEN COMPLETE A SPACE BOOKING WITHOUT MAKING USE OF THE SERVICES, IN ORDER TO CIRCUMVENT THE OBLIGATION TO PAY ANY COMMISSION RELATED TO BITSY'S PROVISION OF THE SERVICES OR FOR ANY OTHER REASONS.
    15. Intellectual Property. BITSY and its licensors shall at all times solely own and maintain all right, title and interest in (a) the Services, all content therein and related documentation and all enhancements, derivatives, bug fixes or improvements to the Services; (b) all trade names, trademarks, and logos of BITSY and the photos that BITSY takes of your Spaces. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of BITSY or any third party. All references in these Terms or any other communications to the sale, resale or purchase of the foregoing or any Services shall mean only the right to use the Services pursuant to these Terms. You hereby grant to BITSY and its affiliates, successors and service providers a perpetual, non revocable, worldwide, non-exclusive, fully paid and royalty-free, transferable, sub-licensable, license to use, reproduce, distribute, prepare derivative works of, display and perform the User Content that you make available on or by means of or through the Service or otherwise make available to us, in any media formats, all in connection with the operation of the Services, including without limitation through any social media network used by BITSY. As between the parties, and subject to the foregoing, all right, title and interest in the following shall remain solely yours and that of your licensors: (a) any goods or services provided by you, and any advertising or other information provided by you with respect thereto, and (b) your trade names, trademarks, and logos.
      BITSY’s policy prohibits the use of Space Provider's business name and logo in Space Provider's listing, including the Venue Title, Short Description, Description and photos. BITSY reserves the right to amend, deny or remove any listing or photo at any time. Should you require any input on creating your Venue Title, Short Description or Description without the use of your business name or have existing photos that need business name or logo pixelation, please reach out to your contact at BITSY or email us at support@bitsyspace.com. We appreciate all Space Providers’ cooperation with this policy.
    16. Confidentiality. BITSY and its licensors shall at all times solely own and maintain all right, title and interest in (a) the Services, all content therein and related documentation and all enhancements, derivatives, bug fixes or improvements to the Services; (b) all trade names, trademarks, and logos of BITSY and the photos that BITSY takes of your Spaces. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of BITSY or any third party. All references in these Terms or any other communications to the sale, resale or purchase of the foregoing or any Services shall mean only the right to use the Services pursuant to these Terms. You hereby grant to BITSY and its affiliates, successors and service providers a perpetual, non revocable, worldwide, non-exclusive, fully paid and royalty-free, transferable, sub-licensable, license to use, reproduce, distribute, prepare derivative works of, display and perform the User Content that you make available on or by means of or through the Service or otherwise make available to us, in any media formats, all in connection with the operation of the Services, including without limitation through any social media network used by BITSY. As between the parties, and subject to the foregoing, all right, title and interest in the following shall remain solely yours and that of your licensors: (a) any goods or services provided by you, and any advertising or other information provided by you with respect thereto, and (b) your trade names, trademarks, and logos.
    17. No Endorsement. BITSY does not endorse any Space Seeker, Space Provider, Service Provider or Space. Users understand and agree that the images on the Services are intended only to indicate a photographic representation of the Space at the time the photograph was taken, and are not an endorsement of the Space by BITSY. Users are required by these Terms to provide accurate information, but BITSY makes no representations about, and does not confirm any details provided by the Users, including but not limited to information about the Space. By using the Services, Users further agree that any legal remedy or liability that you seek to obtain for actions or omissions by another User or other third party will be limited to a claim against the other User, and not against BITSY.
    18. Indemnifications. All Users shall fully indemnify, defend, and hold harmless BITSY against any and all claims, demands, damages, costs or expenses (including attorneys’ fees and court costs) which BITSY may suffer or incur in connection with any claim, demand, action, lawsuit or other proceeding whatsoever by any User or third party, arising directly or indirectly out of (a) any breach of these Terms by User or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of the Services, including any message or User Content you transmit through the Services; (c) your violation of any law or regulation; (d) your infringement of any right of any third party, (e) the use, condition or rental of a Space by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Space.
    19. Copyright Infringement. BITSY respects the intellectual property rights of others and expects its users to do the same. BITSY will remove all infringing User Content if properly notified that it infringes third party intellectual property rights, and may do so at its sole discretion, without prior notice to users at any time. Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond expeditiously to copyright owners who believe material appearing on the Services infringes their rights. If you believe that something appearing on the Site infringes your copyright, you may send us a notice requesting that it be removed, or access to it be blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. It is BITSY’s policy to terminate the account of repeat infringers in appropriate circumstances, taking all facts and circumstances into account. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to our copyright agent: info@bitsyspace.com.
    20. Disclaimer. You acknowledge and agree that BITSY does not own any of the Spaces listed on the Services. BITSY only makes connections between the Users of the Services but cannot and does not accept any responsibility for the actions of any Space Provider, Space Seeker or other Users or for the suitability or non-suitability of a Space for your needs. BITSY DISCLAIMS ALL LIABILITY FOR THE SPACE PROVIDER’S FAILURE TO SATISFY ITS OBLIGATION FOR PROVIDING THE SPACE AS MAY BE AGREED. BITSY DISCLAIMS ALL LIABILITY FOR THE SPACE SEEKER’S FAILURE TO SATISFY ITS OBLIGATION RELATED TO THE USE OF THE SPACE AS MAY BE AGREED. IF YOU USE THE SERVICES AND AGREE TO MAKE YOUR SPACE AVAILABLE OR TO RENT A SPACE, THEN YOU DO AT YOUR OWN RISK AND BITSY SHALL NOT HAVE ANY LIABILITY THEREFORE. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND BY BITSY. BITSY EXPRESSLY DISCLAIMS ANY WARRANTIES WHETHER EXPRESS OR IMPLIED OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BITSY FURTHER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED REGARDING (I) THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES; OR (II) THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SERVICES (IV) THAT ANY INFORMATION REGARDING SPACES, INCLUDING DESCRIPTIONS OF SPACES AND ANY PRICING INFORMATION, OR THE LOCATION OF ANY SPACES, AS MAY BE PROVIDED BY USERS OR A THIRD PARTY IS ACCURATE OR COMPLETE, (V) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. THE USE OF THE SERVICES, THE UPLOADING OF USER CONTENT, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THE SERVICES OR THROUGH THIRD PARTIES' WEBSITES, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
    21. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, YOUR LISTING OR BOOKING OF ANY SPACE VIA THE SITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF BITSY WHETHER IN PERSON OR ONLINE. NEITHER BITSY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SPACES OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY SPACE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BITSY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. EXCEPT FOR OUR OBLIGATIONS TO PAY THE USAGE FEE (WHICH MAY BE SUBJECT TO DEDUCTIONS AT BITSY’S SOLE DISCRETION) TO SPACE PROVIDER PURSUANT TO THESE TERMS, IN NO EVENT WILL BITSY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY SPACE VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICES AND IN CONNECTION WITH ANY SPACE OR INTERACTIONS WITH ANY OTHER USER, EXCEED ONE HUNDRED SINGAPORE DOLLARS (SGD$100).
    22. Privacy. Users understand and agree that BITSY will collect certain data from Users who use the Services, which data includes information that may personally identify such Users. BITSY will use such data only in accordance with its Privacy Policy which can be read at Privacy Policy.
    23. Term. The term of this agreement will commence on the date you accept these Terms and will continue indefinitely unless otherwise terminated in accordance with these Terms. Either party may terminate this agreement with advance written notice of 7 days, provided, however, that BITSY may terminate these Terms and all rights granted hereunder without notice if it has a reasonable belief that you are using the Services in violation of these Terms or any applicable law, rule or regulation. Sections ‎15 through 24 will survive the termination or expiration of these Terms for any reason.
    24. Miscellaneous
      1. Independent Contractors. The parties are independent contractors, and nothing contained herein is construed to create a relationship of employer and employee, principal and agent, partnership or the like between BITSY and the Users.
      2. Notices. Users agree to provide email, regular mail and mobile phone numbers to BITSY, and acknowledge and agree that BITSY may contact them by electronic means, including but not limited to email communications, SMS or text messages, via the information provided in User’s Account. Notices sent by email shall be deemed received when they are sent.
      3. Entire Agreement. These Terms represent the entire agreement between the parties regarding the subject matter hereof and supersede any and all other previous agreements between the parties regarding the subject matter hereof. BITSY may assign its rights or obligations pursuant to these Terms. Users shall not assign any rights under these Terms and any attempted assignment shall be void. If any provision of these Terms shall be deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall be interpreted to give maximum effect to its terms as permitted under law, and such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of these Terms which shall remain in full force and effect.
      4. Binding Arbitration & Class Action Waiver. These Terms shall be governed by the laws of Republic of Singapore. Any dispute, controversy or claim arising out of or relating to these Terms, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitral, will be referred to and finally determined by binding arbitration in accordance with the JAMS International Arbitration Rules. The Tribunal will consist of one arbitrator. The place of arbitration will be the city of the Republic of Singapore. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. PROCEEDINGS TO RESOLVE, ARBITRATE OR LITIGATE A DISPUTE WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor BITSY will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

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