Terms of Service

1. Agreement to These Terms

These Terms of Service (“Terms”) are a binding agreement between BITFOO LLC, a Pennsylvania limited liability company (“Bitfoo,” “we,” “us,” “our”), and the person or entity that opens an account or purchases services from us (“Client,” “you,” “your”).

By creating an account, placing an order, clicking to accept these Terms, or using any Service, you agree to these Terms. If you do not agree, do not use the Services.

If you are entering into these Terms for an organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

Section 23 requires most disputes to be resolved by individual binding arbitration and waives your right to a jury trial and to participate in a class action. Section 23.9 explains how to opt out of arbitration within 30 days.

2. Definitions

Services — the products and services we make available, including domain registration, shared web hosting, KVM VPS hosting, SSL/TLS certificates, and any other service we offer from time to time.

Client Content — all data, files, code, websites, email, databases, and other material you or your end users store on, transmit through, or make available via the Services.

Order — your purchase of a specific Service at a specific price and billing term, whether placed through our website, our client portal, or in writing.

Service Description — the product page, order form, or specification setting out what a particular Service includes, including any resource limits, backup provision, or management level.

Policies — the documents listed in Section 5.1, each incorporated into these Terms.

Billing Term — the recurring period for which a Service is purchased, currently monthly or annual, or as otherwise stated in your Order.

Consumer — an individual who purchases the Services wholly or mainly for personal, family, or household purposes rather than for a trade, business, craft, or profession. Where a term of these Terms applies only to a Consumer, it does not apply to a Client purchasing for business purposes.

3. Eligibility and Account Registration

3.1 You must be at least 18 years old, or the age of majority in your jurisdiction if that is greater, and legally capable of entering into a binding contract.

3.2 You must provide accurate, current, and complete registration and billing information, and keep it updated. Registration data that is materially false or that you fail to correct on request is grounds for suspension or termination.

3.3 You are responsible for all activity under your account, for maintaining the confidentiality of your credentials, and for the acts and omissions of anyone you permit to access your account. Notify us at support@bit.foo promptly if you believe your account has been compromised.

3.4 We may require verification of your identity, your organization, or your intended use of the Services at any time, including before activating an Order and at any point afterward.

3.5 You may request to transfer your account to another person or entity. Transfers require our prior written approval and completion of our verification process, and may be refused at our discretion.

4. The Services

4.1 We will provide the Services described in your Order and the applicable Service Description, subject to these Terms.

4.2 What a Service includes is defined by its Service Description. Features, resource allocations, management level, and backup provision vary between Services and are not implied from one Service to another.

4.3 We may modify, improve, or discontinue Services. Where we discontinue a Service you are actively using, we will give you notice under Section 25 and, if you do not wish to migrate to an alternative, refund any prepaid unused fees for that Service.

4.4 Except where a Service Description expressly states otherwise, the Services are provided on an unmanaged basis and you are responsible for configuring, securing, updating, and maintaining your own operating systems, applications, and content.

4.5 Protective measures. We may take immediate technical action to protect our network, our infrastructure, or our other clients, including rate-limiting, filtering, null-routing an IP address, isolating a server, throttling resource consumption, or temporarily disabling a service or port. We may do so without prior notice where the situation requires it, including during a denial-of-service attack, a compromise, or resource consumption that threatens other clients. We will inform you as soon as reasonably practicable and will restore normal service when it is safe to do so. Action taken under this Section is not a failure to provide the Services.

5. Policies and Order of Precedence

5.1 The following documents are part of these Terms and are available at bit.foo/legal:

• Acceptable Use Policy
• Refund and Cancellation Policy
• Service Terms (hosting, VPS, SSL)
• Domain Registration Agreement
• Privacy Policy
• DMCA and Copyright Policy
• Abuse Policy
• Service Level Agreement, if and when published

5.2 If there is a conflict, the following order applies, from highest priority to lowest: (a) a written agreement signed by both parties that expressly overrides these Terms; (b) the Acceptable Use Policy; (c) the applicable service-specific Policy or Service Terms; (d) these Terms; (e) the Service Description; (f) any other Policy.

5.3 The Acceptable Use Policy sits above these Terms because it protects our infrastructure, our other clients, and third parties. Nothing elsewhere limits our rights under it.

6. Fees, Billing, and Taxes

6.1 Currency. All fees are stated and payable in United States dollars. Your payment provider may permit payment in another currency and convert it; any conversion rate, fee, or spread applied is between you and that provider, and we are not responsible for it. The amount we receive and credit to your account is the USD amount.

6.2 Payment methods. We accept payment cards processed by Stripe. ACH bank transfer may be made available on request and is subject to our approval.

6.3 Payment due. Invoices are due on the invoice date unless the invoice states otherwise. Where we issue a renewal invoice in advance of the renewal or expiry date, that invoice is due by the renewal or expiry date stated on it, not by the date it was issued. Charges recur automatically at the start of each Billing Term under Section 7.

6.4 Authorization. You authorize us and our payment processor to charge your stored payment method for all amounts due, including recurring charges, applicable taxes, and any charges you incur under Section 6.6. You are responsible for keeping a valid payment method on file.

6.5 Taxes. Fees are exclusive of taxes. You are responsible for all sales, use, value-added, goods-and-services, and similar taxes arising from your purchase, other than taxes on our net income. Where we are required to collect a tax, we will add it to your invoice. If you are exempt or entitled to a reverse charge, you must provide valid documentation or a valid tax identification number before the charge; we are not obliged to issue retrospective adjustments.

6.6 Setup, custom, and usage-based charges. Setup fees do not apply to standard Services. A setup fee may apply to custom or managed Services and will be disclosed in your Order before purchase. Where a Service is priced by usage, or includes an allowance with charges above it, the applicable rates and measurement method will be stated in the Service Description, our measurements will be used to calculate charges, and charges will be invoiced in arrears.

6.7 Plan changes. On an upgrade, the difference in price is prorated for the remainder of the current Billing Term and charged immediately, and the new price applies from the next renewal. On a downgrade, the change takes effect at the next renewal and the difference for the current Billing Term is not refunded.

6.8 No offset. You must pay all amounts due without set-off, deduction, or withholding.

6.9 Disputed charges. If you believe an invoice is incorrect, contact support@bit.foo within 30 days of the invoice date. See Section 10.5 regarding chargebacks and Section 10.6 regarding bank transfer reversals.

7. Automatic Renewal

7.1 Services renew automatically. At the end of each Billing Term, your Service will renew for a further Billing Term of the same length and we will charge your payment method on file at the then-current price, unless you cancel before the renewal date.

7.2 Automatic renewal exists so that your websites, servers, domains, and certificates do not lapse. Domain registrations and SSL certificates in particular may be difficult, expensive, or impossible to recover once expired.

7.3 Renewal notice. We will email a reminder to your account email address at least 30 days before an annual renewal and at least 7 days before a monthly renewal, stating the renewal date, the amount, and how to cancel. Domain registrations carry additional notice requirements, which we send under our own branding; these are set out in the Domain Registration Agreement.

7.4 How to cancel. You may cancel at any time through your client portal, or by emailing support@bit.foo. Cancellation is effective at the end of the current Billing Term unless you request immediate cancellation. We will not require you to call, write, or complete any step that is more burdensome than the steps required to purchase.

7.5 Cancelling stops future renewals. It does not by itself entitle you to a refund — see the Refund and Cancellation Policy.

7.6 Domain renewals require cleared payment. A domain renewal is submitted to the registry only after your payment has cleared. If your payment has not cleared before the domain’s expiry date, the domain may expire, and recovery may then require payment of registry redemption fees or may not be possible at all. Domains carry additional renewal and expiry notices, and additional recovery options and deadlines, as set out in the Domain Registration Agreement. We issue domain renewal invoices at least 30 days before the expiry date, and each invoice states the date by which payment must be received. Keeping a valid payment method on file is the only reliable way to prevent a domain lapsing.

8. Price Changes

8.1 We may change our prices. A price change does not affect a Billing Term you have already paid for.

8.2 We will give at least 30 days’ notice by email before a price increase takes effect on renewal. If you do not accept the new price, you may cancel before the renewal date under Section 7.4.

8.3 Section 8.2 does not apply to third-party pass-through costs outside our control, including domain registry and ICANN fees, certificate authority pricing, and third-party software licence fees. We will pass these on with as much notice as we reasonably can.

9. Non-Payment, Suspension, and Termination

9.1 Non-payment. If an invoice is unpaid:

• 7 days past due — we may suspend the affected Services. Suspension means the Services stop functioning; Client Content is retained.
• 30 days past due — we may terminate the affected Services and delete Client Content under Section 9.6.

We may attempt to charge your payment method more than once during this period. We do not charge late fees or reactivation fees.

9.2 Termination by you. You may terminate any Service at any time under Section 7.4.

9.3 Termination by us for cause. We may suspend or terminate any Service or your entire account immediately, without prior notice, if you breach the Acceptable Use Policy, breach these Terms materially, engage in fraud or unlawful activity, create a security or operational risk to our infrastructure or other clients, provide false registration information, or if a third party we depend on requires it. Where we terminate for cause, prepaid fees are not refundable.

9.4 Termination by us without cause. We may refuse to provide, or discontinue, any Service at our discretion, on notice to you. Where we do so and you are not in breach, we will refund prepaid fees for the unused remainder of your current Billing Term on a pro-rata basis. Nothing in this Section permits us to refuse or discontinue service on the basis of race, color, religion, sex, national origin, disability, or any other characteristic protected by applicable law.

9.5 Cancellation mid-Term. Where you cancel a Service part-way through a Billing Term and you are outside any applicable refund window, the Service continues until the end of the paid Term and prepaid fees are not refunded. This applies to monthly and annual Billing Terms alike.

9.6 Effect of termination. On termination, your right to use the affected Services ends immediately. We will delete Client Content associated with the terminated Services, including any backups of it we hold, within 14 days after termination. Deletion is permanent and we do not guarantee that Client Content can be recovered at any point after termination. You are responsible for retrieving your data before termination takes effect. Amounts already accrued remain payable.

9.7 Domains and certificates are different. Sections 9.1 and 9.6 operate differently for domain registrations and issued SSL certificates. Suspending a hosting or VPS Service does not suspend, disable, or transfer a domain, and does not affect a certificate that has already been issued.

• Domains follow the lifecycle set by the relevant registry and ICANN, including expiry, renewal grace, redemption grace, and deletion periods, which are outside our control. Termination of your hosting account does not delete a domain. Your rights and options are set out in the Domain Registration Agreement.
• Issued SSL certificates remain valid until they expire or are revoked by the issuing certificate authority. We do not control revocation and do not undertake to revoke a certificate on termination.

9.8 Data preserved during a suspension under Section 9.1 becomes subject to the deletion timeline in Section 9.6 once termination occurs.

10. Refunds

10.1 Refunds are governed by the Refund and Cancellation Policy, which sets out the applicable money-back periods, eligibility conditions, and the categories of fees that are not refundable. In the event of any conflict between this Section and that Policy, that Policy governs.

10.2 Refund rights are void where a Service is terminated for cause under Section 9.3.

10.3 Where a refund is due, we will issue it to the original payment method where possible, or as account credit where it is not.

10.4 We may set off any amount you owe us against any refund otherwise payable.

10.5 Card chargebacks. If you dispute a card charge with your issuer rather than contacting us, we may suspend or terminate your account immediately and may treat the disputed amount as an outstanding debt, together with any fee our payment processor charges us in connection with the dispute. Contact support@bit.foo first — nearly every billing dispute is resolved faster that way.

10.6 Bank transfer reversals. Where you pay by ACH or other bank transfer, you acknowledge that such payments may be returned or reversed for a period substantially longer than the card dispute window. If a bank transfer payment is returned or reversed at any time, the underlying amount becomes immediately due again, together with any fee charged to us, and Section 9.1 applies from the date we notify you. This applies regardless of how much time has passed since the original payment and regardless of whether the Service has been used or has since renewed.

10.7 Statutory rights of Consumers. If you are a Consumer, the law of your country of residence may give you cancellation, withdrawal, or refund rights in addition to those in the Refund and Cancellation Policy, including a statutory right to withdraw from a distance contract within a set period. Nothing in these Terms or in that Policy limits or removes those rights where they apply, and no eligibility condition in that Policy — including any restriction to new clients or to first billing terms — operates to defeat them. Where you ask us to begin providing a Service immediately, you may be asked at checkout to confirm that request and to acknowledge its effect on any statutory withdrawal right. The Refund and Cancellation Policy explains how to exercise these rights.

11. Acceptable Use and Client Obligations

11.1 Your use of the Services is subject to the Acceptable Use Policy.

11.2 You are responsible for all Client Content and for all activity conducted through your account, including by your end users, employees, contractors, and customers.

11.3 You must comply with all laws applicable to you and to Client Content, including those governing privacy, data protection, intellectual property, consumer protection, and commercial email.

11.4 You are responsible for securing your own systems, applications, and credentials, and for applying updates and patches on Services provided on an unmanaged basis.

11.5 Resource limits. You must stay within the resource limits stated in your Service Description. Where you exceed them, we may throttle, suspend, or require you to upgrade, and we may charge for excess usage where the Service Description provides for it.

12. Client Content and Data

12.1 You retain all ownership of Client Content. We claim no ownership in it.

12.2 You grant us a limited, non-exclusive licence to host, store, copy, transmit, and display Client Content solely to the extent necessary to provide the Services, to comply with law, and to enforce these Terms.

12.3 You represent that you have all rights necessary to store and transmit Client Content through the Services and that doing so does not infringe any third party’s rights or violate any law.

12.4 We do not routinely monitor Client Content. We may access, review, or remove it where necessary to operate or secure the Services, to investigate a suspected violation, to respond to a lawful request, or to comply with a legal obligation.

12.5 Our handling of personal data is described in the Privacy Policy.

13. Backups

13.1 Backups are provided only where a Service Description expressly states that they are included, and only on the terms stated there. Where backups are not stated, none are provided.

13.2 Where backups are provided, they are a convenience and not a guarantee. We do not warrant that any backup will be complete, current, error-free, or restorable, and restoration may be subject to a fee stated in the Service Description.

13.3 You remain responsible for maintaining your own independent backups of Client Content, regardless of whether backups are included with your Service. We strongly recommend keeping copies outside our infrastructure.

14. Third-Party Services and Providers

14.1 We rely on third parties to deliver the Services, including a wholesale domain registrar, certificate authorities and certificate distributors, datacenter and hardware providers, a payment processor, and a technical support partner. Current categories and providers are identified in the Privacy Policy.

14.2 Third parties may act independently of us. A domain registrar or registry may suspend, lock, transfer, or delete a domain; a certificate authority may refuse to issue or may revoke a certificate; a datacenter or upstream network provider may act on an abuse report or a legal order. These actions may affect your Services and may occur without prior notice to us.

14.3 Where a third party acts in a way that affects your Services, we will use reasonable efforts to inform you and to assist, but we are not liable for their acts or omissions and we cannot guarantee any particular outcome.

14.4 Some Services require you to accept a third party’s terms directly, including the registrar’s registrant agreement and a certificate authority’s subscriber agreement. Those terms apply to you in addition to these Terms.

15. Reseller Clients

15.1 This Section applies if you use the Services to provide services to your own customers (“End Users”).

15.2 You are solely responsible for your End Users, including their conduct, their content, their billing, their support, and their compliance with the Acceptable Use Policy. Acts and omissions of your End Users are treated as your own for the purposes of these Terms.

15.3 You must maintain your own terms of service, acceptable use policy, and privacy policy with your End Users that are at least as protective as ours, and you must impose obligations on your End Users no less restrictive than these Terms and the Acceptable Use Policy.

15.4 We have no contractual relationship with your End Users. We are not obliged to provide them support, to accept instructions from them, or to deal with them directly. We may, but need not, communicate with an End User where necessary to address abuse, security, or a legal obligation.

15.5 You must not represent yourself as us, as our agent, or as ICANN-accredited, and must not use our marks except as permitted in writing.

15.6 Domain reselling by you is additionally subject to the Domain Registration Agreement and to the requirements of our wholesale registrar and the relevant registry, including any restrictions on sub-reselling.

15.7 Suspension or termination of your account may affect all of your End Users. You are responsible for any consequences to them, and you will indemnify us under Section 22 for claims brought by them.

16. Intellectual Property

16.1 We own the Services, our platform, software, documentation, website, and the Bitfoo name, logo, and marks. Nothing in these Terms transfers any of it to you. You may use the Services only as permitted by these Terms.

16.2 You may not copy, modify, reverse engineer, resell, or create derivative works from our platform or software except as expressly permitted.

16.3 You may not use our name, logo, or marks without our prior written consent, except to state factually that you use our Services.

16.4 We will not identify you as a client publicly, or use your name or logo in our marketing, without your prior consent.

16.5 If you send us suggestions or feedback, we may use them without restriction or compensation.

17. Confidentiality

17.1 Each party may receive non-public information from the other that is marked confidential or that a reasonable person would understand to be confidential. Each party will protect the other’s confidential information with at least reasonable care and will not disclose it except to those who need it to perform under these Terms and are bound by comparable obligations.

17.2 These obligations do not apply to information that is or becomes public without breach, was already known, is independently developed, or is lawfully received from a third party. Either party may disclose confidential information where required by law, giving the other reasonable notice where lawfully permitted.

18. Export Control and Sanctions

18.1 You represent and warrant that you are not located in, ordinarily resident in, or organized under the laws of any country or region subject to comprehensive United States sanctions or embargo; that you are not a person or entity identified on any United States restricted-party list, including the Specially Designated Nationals and Blocked Persons List; and that you are not owned or controlled by, or acting on behalf of, any such person or entity.

18.2 You will not use the Services in violation of United States export control or sanctions laws, or make them available to any person or in any jurisdiction where doing so would violate those laws.

18.3 We may screen accounts and Orders against the restrictions in Section 18.1 using the registration, billing, and payment information you provide, information available to our payment processor, and network information including the IP address from which you access the Services and any geolocation data derived from it. We may decline, reverse, or restrict an Order on that basis, and may require additional verification before activating or continuing a Service. We do not undertake to detect every account that falls within Section 18.1, and the accuracy of the representations you make there remains your responsibility. Where the information available to us appears inconsistent with those representations, we may request clarification and may suspend the Services pending your response.

18.4 We may refuse, suspend, or terminate Services immediately, without refund, where we determine that continuing would or might violate these laws. A breach of this Section is a material breach.

19. Service Availability

19.1 We aim to keep the Services available continuously but do not guarantee uninterrupted or error-free operation. Availability commitments and any associated service credits apply only where set out in a Service Level Agreement published at bit.foo/legal and referenced in your Service Description. Where no Service Level Agreement applies to your Service, no availability commitment or credit is provided.

19.2 Maintenance. We may perform maintenance that temporarily interrupts the Services. We will give advance notice of planned maintenance where reasonably practicable and will aim to minimize disruption. Emergency maintenance may be performed without notice.

19.3 Interruptions caused by your own configuration, content, applications, or third-party software, by your exceeding applicable resource limits, or by protective measures taken under Section 4.5, are not our responsibility.

20. Disclaimers

20.1 Except as expressly stated in these Terms, the Services are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express, implied, and statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade.

20.2 We do not warrant that the Services will be uninterrupted, timely, secure, or error-free; that any defect will be corrected; that Client Content will not be lost, corrupted, or altered; or that the Services will meet your requirements.

20.3 We are not responsible for the content, availability, accuracy, or practices of any third-party website, service, or software you access or use in connection with the Services.

20.4 Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the exclusions above apply only to the extent permitted, and you may have additional rights.

21. Limitation of Liability

21.1 Exclusion of indirect damages. To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, anticipated savings, or data, arising out of or relating to these Terms or the Services, regardless of the theory of liability and even if the party was advised of the possibility of such damages.

21.2 Loss of Client Content. Without limiting Section 21.1, and subject to Section 13, we are not liable for the loss, corruption, deletion, or unauthorized alteration of Client Content.

21.3 Cap. To the fullest extent permitted by law, our total aggregate liability arising out of or relating to these Terms and the Services, whether in contract, tort, or otherwise, will not exceed the total fees you paid us for the affected Service in the twelve (12) months immediately preceding the event giving rise to the claim.

21.4 Exceptions. Sections 21.1 and 21.3 do not limit your obligation to pay amounts due, your indemnity obligations under Section 22, or either party’s liability for gross negligence, willful misconduct, fraud, or any liability that cannot be limited under applicable law.

21.5 Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, our liability is limited to the maximum extent permitted.

21.6 The limitations in this Section reflect an allocation of risk between the parties and are a fundamental basis of the pricing of the Services. They apply even if a limited remedy fails of its essential purpose.

21.7 Insurance. You are responsible for obtaining any insurance appropriate to your use of the Services and to the value of your business operations.

22. Indemnification

22.1 You will defend, indemnify, and hold harmless Bitfoo and its members, officers, employees, contractors, and suppliers from and against any claim, demand, proceeding, loss, liability, damage, fine, penalty, cost, or expense, including reasonable attorneys’ fees, arising out of or relating to: (a) Client Content; (b) your use of the Services; (c) your breach of these Terms or any Policy; (d) your violation of any law or of any third party’s rights; (e) any claim by your End Users; and (f) any tax liability arising from your failure to provide accurate tax information or exemption documentation.

22.2 We will notify you of any claim for which we seek indemnification, and you will control the defense and settlement, except that you may not settle in a way that imposes any obligation or admission on us without our written consent. We may participate in the defense with our own counsel at our own expense.

23. Dispute Resolution — Binding Arbitration and Class Action Waiver

Please read this Section carefully. It affects how disputes between us are resolved and limits the remedies available to you.

23.1 Informal resolution first. Before starting arbitration, you agree to contact us at legal@bit.foo with a written description of the dispute and the relief you seek, and to allow us 30 days to attempt to resolve it. We agree to do the same before initiating a claim against you.

23.2 Agreement to arbitrate. If the dispute is not resolved, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its rules then in effect — the Consumer Arbitration Rules where you are a Consumer, and the Commercial Arbitration Rules otherwise. The AAA’s rules are available at adr.org.

23.3 Seat and format. The arbitration will be seated in Lancaster County, Pennsylvania. The arbitration may be conducted by telephone, videoconference, or on written submissions where the AAA rules permit, and you may request such a format so that you are not required to travel.

23.4 Fees. For claims brought by a Consumer, we will pay all AAA filing, administrative, and arbitrator fees to the extent they exceed what you would pay to file the same claim in court, unless the arbitrator determines your claim was frivolous or brought for an improper purpose. For all other claims, fees are allocated under the AAA rules.

23.5 Small claims. Either party may bring an individual claim in small claims court in a court of competent jurisdiction instead of arbitration, so long as the claim remains individual and within that court’s jurisdiction.

23.6 Injunctive relief. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of intellectual property, breach of confidentiality, or unauthorized access to or misuse of systems or data, without first proceeding under Sections 23.1 to 23.2.

23.7 Class action and jury trial waiver. Arbitration will be conducted only on an individual basis. You and we each waive any right to a jury trial and any right to bring or participate in a class, collective, consolidated, representative, or private attorney general action. The arbitrator may not consolidate claims or preside over any form of representative proceeding. If this Section 23.7 is found unenforceable as to a particular claim or remedy, that claim or remedy will be severed and heard in court, and the remainder of this Section 23 will continue to apply to all other claims.

23.8 Coordinated filings. If 25 or more similar claims are filed against us by or with the assistance of the same counsel or coordinated counsel, the claims will be administered in sequential batches of no more than 50, each batch heard by a single arbitrator, with the parties cooperating in good faith on batching and on the selection of bellwether cases. The limitation period for claims not yet in a batch is tolled while earlier batches proceed.

23.9 Opt-out. You may opt out of this Section 23 by emailing legal@bit.foo within 30 days of first accepting these Terms, stating your name, account email, and that you opt out of arbitration. Opting out does not affect any other part of these Terms, and we will not treat it as a reason to refuse or discontinue service. If you opt out, disputes will be resolved as set out in Section 24.

23.10 Survival. This Section survives termination of these Terms and of your account.

24. Governing Law and Venue

24.1 These Terms and any dispute arising from them are governed by the laws of the Commonwealth of Pennsylvania, excluding its conflict of laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

24.2 For any dispute not subject to arbitration, the parties submit to the exclusive jurisdiction of the state and federal courts located in Lancaster County, Pennsylvania, and waive any objection to venue there.

24.3 Nothing in this Section deprives a Consumer of the protection of mandatory consumer-protection laws of their place of residence where those laws apply and cannot be excluded by agreement.

25. Changes to These Terms

25.1 Material changes. We may change these Terms or any Policy. For material changes — those that meaningfully affect your rights or obligations, such as a price increase, a reduction in what a Service includes, or a new restriction on use — we will give at least 30 days’ notice by email to your account email address and by posting the updated document with a new version number and effective date. If you do not accept a material change, you may cancel before it takes effect under Section 7.4. Continuing to use the Services after the effective date constitutes acceptance.

25.2 Non-material changes. Corrections, clarifications, formatting changes, updated contact details, and similar changes take effect on posting.

25.3 Urgent changes. Changes required by law, by a regulator, by a third party we depend on, or to address a security, legal, or operational risk may take effect immediately on posting and notice.

25.4 Version history. Each document carries a version number and effective date, with a change log recording prior versions.

26. Notices

26.1 To you. We will send notices to the email address on your account. You are responsible for keeping it current and monitored. Notice by email is effective on sending.

26.2 To us. General and contractual notices: legal@bit.foo, or by mail to BITFOO LLC, 146 East King St, Unit #1283, Lancaster, PA 17602, United States. Copyright notices: dmca@bit.foo. Abuse reports: abuse@bit.foo. Privacy requests: privacy@bit.foo. Support: support@bit.foo.

26.3 Service of process. Our registered agent is Northwest Registered Agent, LLC, 502 W 7th St, Ste 100, Erie, PA 16502, United States.

26.4 Each party consents to receiving notices, including legal notices, by email at the addresses above.

27. Assignment

27.1 You may not assign or transfer these Terms or your account without our prior written consent, except as permitted under Section 3.5.

27.2 We may assign these Terms, in whole or in part, in connection with a merger, acquisition, reorganization, or sale of assets, or to an affiliate, on notice to you.

28. Force Majeure

Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control, including natural disaster, fire, flood, epidemic, war, terrorism, civil unrest, labor action, government action, sanctions, denial-of-service attack, failure of a telecommunications or utility provider, or failure of an upstream network or datacenter provider. This does not excuse your obligation to pay amounts due.

29. General

29.1 Entire agreement. These Terms, together with the Policies and your Order, are the entire agreement between the parties on this subject and supersede all prior discussions, representations, and agreements.

29.2 Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, and the remainder will continue in effect. Section 23.7 governs severance within the arbitration provision.

29.3 No waiver. A failure or delay in enforcing any right is not a waiver of it.

29.4 Independent parties. The parties are independent contractors. Nothing creates a partnership, joint venture, agency, employment, or fiduciary relationship.

29.5 No third-party beneficiaries. These Terms confer no rights on any third party, including your End Users.

29.6 Survival. Sections 6, 7.6, 9.6, 9.7, 10, 12.1, 12.3, 16, 17, 18, 20, 21, 22, 23, 24, 26, and 29 survive termination.

29.7 Headings. Headings are for convenience only and do not affect interpretation.

29.8 Interpretation. “Including” means “including without limitation.” References to a Policy include that Policy as amended from time to time.

29.9 Language. These Terms are in English. Any translation is for convenience only, and the English version governs.

30. Contact

BITFOO LLC 146 East King St, Unit #1283 Lancaster, PA 17602 United States

legal@bit.foo · support@bit.foo · abuse@bit.foo · dmca@bit.foo · privacy@bit.foo