BITMAMA’S CUSTOMER TERMS AND CONDITIONS
This Agreement is between you and Bitmama Inc. (“Bitmama”, “we”, “us”, “our”, “Changera”, Changera account” as applicable), concerning your use of (including any access to) the Changera account a product of Bitmama, as defined below and including the Website, App, API, and other Bitmama Materials.By opening, registering, or using a Changera Account, you agree to be bound by this Terms and Conditions and consent to receive communications related to your Changera Account, in electronic format, and you affirm that you are at least eighteen (18) years of age and legally capable of entering into this Agreement. You also agree to comply with the following additional policies and each of the other agreements that apply to you. Governing LanguageThe governing language of these terms and all communication between Bitmama and you will be the English language.Who May Use Our Services?You may use the Services only if you agree to form a binding contract with Bitmama and are not a person barred from receiving the services under the laws of the applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, business, or organization, you represent and warrant that you are authorized to do so.Age RestrictionOur website and services are directed to people from the ages of 18 and above. You are only permitted to use the Services if you are aged 18 or older. We do not knowingly engage people younger than the age of 18.Intellectual PropertyUnless otherwise stated, Bitmama and/or its licensors own the intellectual property rights and materials on the Website, Mobile App subject to the license below. All text, formatting (including without limitation the arrangement of materials on the Bitmama website and the graphics, animation, tools, commercials, music, video, articles, sound, copy, trade names, logos, and other materials and information on the website and Mobile application are subject to the intellectual property rights of Bitmama and its affiliates and their licensors and licensees (collectively the “Content”).We do not grant you any right, license, title, or interest to any of our intellectual Property rights that you may or may not have access to. These Content may not be copied, reverse engineered, decompiled, disassembled, modified, or reposted to other websites. Nothing on the Bitmama site should be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on the Bitmama website without the written permission of Bitmama or such third party that may own the Trademark. You agree to take such actions including any legal or official document or other documents that may be needed to further affirm our intellectual property rights.License to Use Our WebsiteWe grant you a non-assignable, non-exclusive, and revocable license to use the software provided as part of our services in the manner permitted by these Terms. This license grant includes all updates, upgrades, new versions, and replacement software for you to use in connection with our services. Nothing in this Term gives you a right to use the Bitmama name or any of Bitmama’s trademarks, logos, domain names, and other distinctive brand features. All right, titles, and interests in and to the services are and will remain the exclusive property of Bitmama and its licensors.If you do not comply with all the provisions, then you will be liable for all resulting damages suffered by you, Bitmama, and all third parties. Unless otherwise provided by applicable law, you agree not to alter, re-design, reproduce, adapt, display, distribute, translate, disassemble, reverse engineer, or otherwise attempt to create any source code that is derived from the software.Any feedback, comments, or suggestions you may provide to us and our services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit without any obligation to you.DisclaimersWE TRY TO KEEP BITMAMA AVAILABLE AT ALL TIMES, BUG-FREE AND SAFE, HOWEVER, YOU USE IT AT YOUR OWN RISK.OUR WEBSITE AND SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTY, EXPRESS, IMPLIED, AND/OR STATUTORY WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BITMAMA MAKES NO WARRANTY THAT OUR WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE THAT RESULTS IN LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM OUR WEBSITE OR OUR SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED.Responsibility for configuring your information technology, computer programmes, and platform in order to access our Services is solely yours. Please ensure you use your virus protection software or application as we cannot guarantee that our Services will be free from viruses or bugs.You must not attempt to gain unauthorized access to our Services, computers, or databases. You must not misuse our Services by introducing trojans, viruses or other materials which are malicious or technologically harmfulLimitation of LiabilityYOU AGREE TO THE LIMITATION LIABILITY CLAUSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: BITMAMA WILL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR ANY DAMAGES INCLUDING DAMAGES RESULTING FROM REVENUE LOSS, PROFIT LOSS, USE, DATA, GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER INTANGIBLE LOSSES (WHETHER BITMAMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT) (INCLUDING, WITHOUT LIMITATION TO INABILITY TO USE, OR ARISING FROM THE RESULT OF USE OF BITMAMA’S PORTAL OR SERVICES) WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, TORT, CONTRACT, STATUTE OR ANY OTHER LEGAL THEORY.ExclusionSOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATIONS ON THE SCOPE AND DURATION OF SUCH WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRETIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.Updates, Modifications & AmendmentsWe may need to update, modify or amend our Terms of Use as our technology evolves. We reserve the right to make changes to this Terms of Use at any time by giving notice to users on this page.We advise that you check this page often, referring to the date of the last modification on the page If a user objects to any of the changes to the Terms of Use, the User must cease using our Portal and/or services immediately.Applicable LawThese Terms of Use shall be interpreted and governed by the laws currently in force in the United States of America.Disputes & ReversalIf you believe that an unauthorized transaction has taken place, you have agreed to notify us immediately, to enable us to take appropriate action to help prevent financial loss.All claims against us related to payments should be made within 48 (forty-eight) hours after the date of such payment. It will be taken that you waive all claims against us, to the fullest extent of the law after the said period of time.If you enter into a transaction with a third party and have a dispute over the goods or services they purchase, we have no liability for such goods or services. Our only involvement with regard to such a transaction is as a payment company.In the event of an erroneous payment we may attempt to secure the funds from your bank and reverse the funds into your account less a reversal fee but have no obligation to do so.Your transaction ID and/or transaction details will be required to resolve all disputes.Acceptable Use PolicyYou are independently responsible for complying with all applicable laws related to your use of our website and services. However, by accessing or using Bitmama, you agree to comply with the terms and conditions.IndemnificationYou hereby indemnify Bitmama and undertake to keep Bitmama, its staff, and affiliates indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation reasonable legal fees and expenses) arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms. You will indemnify and hold Bitmama harmless from and against any claim, suit, or proceeding brought against Bitmama arising from or in connection with violations of Intellectual Property or other rights of third parties in relation to your use of the Services.CookiesLike many other websites, we use cookies to identify you as a user and to customize and improve our services. A cookie is a small data file that is transferred to your computer or mobile device. It enables us to remember your account log-in information, IP addresses, web traffic, number of times you visit, date, and time of visits.Some browsers may automatically accept cookies while some can be modified to decline cookies or alert you when a website wants to place a cookie on your computer. If you do choose to disable cookies, it may limit your ability to use our website.Data ProtectionBitmama recognizes the importance of protecting the privacy of those who visit and choose to use the Bitmama Services. Bitmama remains compliant with the Data protection laws to the extent applicable. Please note that such requirements may be amended from time to time. In Addition, to all the Personal Information belonging to, and/or processed in connection with Bitmama or this website, such Personal Information at all times is in compliance with all Data Protection Laws in the territory. Bitmama maintains a Privacy Policy which provides an overview of the Personal Information we collect about you or that you provide to us and how we store and use the information provided by you in line with applicable data protection legislation. By using the Bitmma Services, you consent to such processing and you commit to providing accurate information.TERMS OF SERVICESTerms for the Changera account a product of BitmamaThe Changera account, a product of Bitmama allows you to make deposits, payments to and accept payments in both fiat and crypto from third parties. You may use the Changera account, a product of Bitmama on your mobile device. Bitmama has no responsibility for the actions of your transfer recipient or for the subject of the transfer. We do not guarantee the identity of any user of the Changera account or that a sender or a recipient can or will complete a transaction.Eligibility and Account RegistrationTo be eligible to use the Bitmama Services, you must create a Changera account with the required KYC information as required. As further detailed in our Privacy Policy, in order to register, create and use an account, Bitmama may require that you submit certain Personal Information (as defined in the Privacy Policy), including but not limited to your name, email address, mobile phone number, street address or zip code, and date of birth. During the registration process, or when you access the Changera account of a product of Bitmama Services from a phone, your phone’s device ID is also stored. You agree that the Personal Information you provide to Bitmama upon registration and at all other times will be true, accurate, current and complete, and you agree to maintain and update this Personal Information with us as necessary.Types of AccountsWe offer two different types of accounts, personal and business accounts. You may have only one personal account. Personal accounts are for use in person-to-person transfers with family and friends, and other people whom you know. Personal accounts may also be used to make Authorized Merchant Payments as described in this Agreement. Features of personal accounts may be limited based on how you wish to use the Changera account, how much you need to send and what we know about you. More information may be required of you in order to complete a transaction. Personal accounts may not be used to receive business, commercial or merchant transactions.For the business account, For each business you are involved with, you may have only one business account. Business account use is limited. Business accounts must be applied for and approved. By opening a business account and accepting the terms as outlined in this Agreement, including, but not limited to, the Rules and Restrictions for Business Accounts set forth below, you attest that neither you nor your business is establishing a business account primarily for personal, family or household purposes. We may reverse or place a hold on your transactions or place a reserve on your funds if you are in breach of this Agreement.Identity AuthenticationYou hereby authorize Bitmama, directly or through third parties, to make any inquiries necessary to validate and/or authenticate your identity and account information for both personal and business accounts. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, mobile number, and verifying your information against third-party databases or through other sources. This process is for internal verification purposes.Sending Money