NOTE: These terms pertain to all mobile and web apps developed by Crayon Bits, LLC available for download in the App Store and Google Play, and all services available through userbitapp.com. When you use our products and services you are agreeing to our Terms of Service.
UserBit Terms of Service
These Terms of Service govern your relationship with userbitapp.com website (the "Website"), and the services (the “Services”) that are provided and operated by Crayon Bits, LLC ("UserBit," “Crayon Bits,” “we,” “us” or “our”). Please read the Terms of Service carefully. IF YOU DO NOT AGREE, DO NOT VISIT THIS WEBSITE, SET UP AN ACCOUNT OR USE THE SERVICES.
Access to and Use of the Website and the Services
You may access and use the Website and the Services only if you are able to enter into these Terms of Service and form a legally binding agreement between you and us. The information you provide us must be complete and accurate and you must at all times be in compliance with these Terms of Service and all applicable laws. You may not access or use the Website or the Services if you are under the age of 13.
To access and use the Website and the Services, you must create a UserBit account and (a) provide us the required account creation information, (b) if required, provide us your credit card or other payment information.
You agree that you will not use the Website and the Services for any illegal purposes. You agree to be responsible for all information, content, including images, comments, links and other materials (“Information”) provided by you and for all activity that occurs with respect to your account. You agree that you will not enter, upload or disseminate any Information that infringes on the copyrights or other intellectual property rights of any third party.
We care about and continuously work to protect the security of your information and your account information; however, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify us immediately of any unauthorized use of your account.
Grant of License
For as long as you comply with these Terms of Service, we grant you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services through the Website. The Services, including the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose. Under this license you may NOT:
- rent, lease, sublicense, sell, transfer, assign, redistribute, host, or otherwise commercially exploit the Service (excluding your content), or any part thereof;
- attempt to decompile or reverse engineer any software contained on the Website;
- access the Service in order to build a similar or competitive service;
- upload, transmit, or distribute any computer viruses, worms, or any software or attempt to gain unauthorized access to interfere with, disable, damage or alter, or disrupt a computer or communication network, handheld device, mobile device, data, any part of the Service, the server(s) on which the Service is stored, any server, computer, or database connected to the Service, or any other system, device or property;
- access (or attempt to access) the Service by means other than through the interface that is provided by UserBit;
- remove any copyright or other proprietary notations from the materials;
- circumvent, disable, or otherwise interfere with the security or functionality of the Service or of features that enforce limitations on use of the Service;
- infringe or violate the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party;
- violate any law, statute, ordinance, or regulation, including, but not limited to, applicable export and re-export control laws and regulations; or
- run any processes that interferes with the proper working of the Service (including by placing an unreasonable load on the Service’s infrastructure).
This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Cancellation and Termination
You will be solely responsible for cancelling your account. You may request the deletion of your account and/or any and all associated data from Website and Services by submitting written request via email to the address email@example.com. An email or phone request to cancel your account is not a proper cancellation until you have received direct confirmation from an agent of UserBit. We have the right to at any time suspend or terminate your account and refuse any and all current or future use of the Website and the Services for any reason or no reason. Once an account is cancelled, all project data associated with the account is deleted. The data may remain in our backups for upto 30 days after which it is wiped from the backup system as well.
Modifications to the Website and Services
We reserve the right to at any time and from time to time modify, upgrade or discontinue, temporarily or permanently, the Website and the Services that we offer, with or without notice. We may upgrade the Website and our Services and you agree that these Terms of Service will apply to such upgrades. You agree that we will not be liable to you or to any third party with respect to any such modification, upgrade or discontinuance of the Website and the Services.
Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UserBit SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF UserBit HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE WEBSITE OR THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR THE SERVICES; (c) UNAUTHORIZED ACCESS TO TRANSMISSIONS OR ALTERATION OF YOUR INFORMATION; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY WITH RESPECT TO THE WEBSITE OR THE SERVICES; (e) OR ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE WEBSITE OR THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
YOUR USE OF THE WEBSITE OR THE SERVICES IS AT YOUR SOLE RISK. THE WEBSITE OR THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT (a) THE WEBSITE OR THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (b) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF THE WEBSITE OR THE SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN THE WEBSITE OR THE SERVICES WILL BE CORRECTED.
You acknowledge and agree that UserBit may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website and the Services.
We reserve the right to modify these Terms of Service from time to time at our sole discretion. Any such modification will be effective immediately upon our posting of the revised Terms of Service on our Sites. We will provide no other notice to you. It is your responsibility to review our Terms of Service from time to time to ensure that you continue to agree with our Terms of Service. If you no longer agree to these Terms of Service after a modification, you must immediately cease using the Website and the Services. All new or modified features related to the Website and the Services, including the release of new features, tools and resources, will be subject to these Terms of Service.
You understand that the technical processing and transmission of the Website and the Services, including your Information, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree that you will not upload, post, host, or transmit unsolicited email, SMS or “spam” messages. You agree that you will not transmit any worms or viruses or any code of a destructive nature.
These Terms of Service shall be governed by the laws of the State of New York, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of the state and federal courts located in Queens, New York.
The Website and the Services are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
The failure of UserBit to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and the other policies, terms and conditions referred to in these Terms of Service constitute the entire agreement between you and UserBit and govern your use of the Website and the Services, superseding any prior agreements between you and UserBit. You may not assign these Terms of Service to any party. If any provision of these Terms of Service is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Service will remain in full force and effect.
Usage of UserBit products and services constitutes customer's acceptance of UserBit’ Billing Policy, and all customers must comply with this billing policy.
UserBit accepts payments via credit or debit card via third party payment processing partner, Stripe.
Invoices are generated, credit and debit cards are billed, and payments are collected at the beginning of each billing period. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. UserBit may submit periodic charges (e.g. monthly) without further authorization from you, until you provide prior notice (confirmed in writing by us) that you have terminated this authorization or wish to change your payment method. For your convenience, we take your payment information so that your UserBit membership will not be interrupted. We auto-renew your membership at the level you selected. Your UserBit subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate (if applicable).
Customers must request to cancel their subscriptions at least 2 days prior to their next billing date in order to guarantee avoiding being charged on the billing date. All subscription fees are nonrefundable.
Delinquent Payments: In the event any payment is past due, payment will be retried for 2 weeks. If all retries for a payment fail, the subscription will be cancelled and customer data will be scheduled to be deleted.
Deactivation: Once a plan is delinquent for 2 weeks, it will be cancelled due to non-payment. Once cancelled, the customer will not be able to recover any files or assets.
Cancellation:To cancel, simply log into your account and follow the instructions for cancellation; alternatively, you may send us an email at firstname.lastname@example.org. Once cancelled, all project data that is part of the subscription plan is deleted.
Any questions regarding these Terms of Service should be addressed to email@example.com.