Last Updated: September 8th, 2021

BITLANCER SUBSCRIPTION AGREEMENT

PLEASE READ THE FOLLOWING CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN BITLANCER LLC, A DELAWARE LIMITED LIABILITY COMPANY, (“BITLANCER” OR “WE”), AND YOU AS A SUBSCRIBER AND USER OF BITLANCER SERVICES (“SUBSCRIBER” OR “YOU”). THESE TERMS, TOGETHER WITH ALL AMENDMENTS, AND COLLECTIVELY WITH ALL BITLANCER RULES AND POLICIES, INCLUDING THE BITLANCER PRIVACY POLICY, CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND BITLANCER REGARDING YOUR ACCESS TO AND USE OF BITLANCER’S SERVICES. Bitlancer and Subscriber are sometimes referred to herein each as a “Party” and, collectively, as “Parties”.

THIS AGREEMENT COVERS IMPORTANT INFORMATION ABOUT THE SERVICES, AS WELL AS INFORMATION ABOUT YOUR PRIVACY, FUTURE CHANGES TO THE AGREEMENT, LIMITATIONS OF LIABILITY, A CLASS ACTION WAIVER, A RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT, AND A LIMITATION ON THE TIME PERIOD WHEN CLAIMS MAY BE BROUGHT.

IF YOU HAVE NOT READ THE AGREEMENT, DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THE AGREEMENT, OR ARE NOT ABLE TO CONSENT TO BE BOUND BY THE AGREEMENT (E.G., IF YOU ARE NOT OLD ENOUGH TO ENTER INTO A BINDING LEGAL CONTRACT), DO NOT USE THE SERVICES. If you are accessing or using any part of the Services on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized (a) to accept these terms on its behalf and (b) to bind such business, organization, or entity to the Agreement.

Nature of the Services
1. Bitlancer provides online and mobile platforms (the “Sites”) with a collection of applications and/or tools and other supporting products and services (collectively with the Sites, the “Service(s)”) to merchants, including, but not limited to, vendors, studios, retailers, individuals, partnerships, and/or freelancers that provide and conduct, through itself or any affiliate, agent or third party contractor, classes or sessions involving fitness, exercise, health and wellness, and/or lifestyle who have subscribed to Bitlancer’s Services (each a Subscriber) through one or more monthly membership plans (the “Membership Plan”) with the availability of Services depending on which Membership Plan and any add ons are selected by a subscriber. Services can be made available through the Sites (including bitlancer.com and *.bitlancer.app), affiliate websites, business partner network, or other types of electronic offerings and other platform or distribution channels wholly or partially owned, controlled, or operated by Bitlancer, its affiliates or business partners.
2. The Services may communicate, interface or integrate with websites on the Internet and/or products or services that are owned, under the control of, or maintained by third parties that are not Bitlancer (“Third Party Properties”), for example Mindbody, Mariana Tek and other third party software and systems. Unless otherwise indicated, such interactions do not constitute an affiliation with or specific endorsement by Bitlancer of any such Third Party Properties. You acknowledge that Bitlancer is providing any interactions with such Third Party Properties to you solely as a convenience to you, and you agree that Bitlancer is not responsible for any injury, harm, damages, or negative experience you may encounter by accessing or using such Third Party Properties, including data from such Third Party Properties. Bitlancer does not make any representations about any Third Party Properties. Additional third-party terms and conditions and fees may apply to your access to or use of Third Party Properties. Please review any such additional third-party terms and conditions carefully.
3. The specific features and functionality of the Services are dynamic and may change from time to time. We reserve complete discretion with respect to the operation of the Services. We also reserve the right to withdraw, suspend, or discontinue any feature or functionality of the Services at any time.
4. It is not possible to operate our Services with 100% guaranteed uptime. Bitlancer will use commercially reasonable efforts to maintain availability of its Services to Subscriber, but certain technical difficulties, routine site maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of our Services. Bitlancer does not guarantee, including, but not limited to, non-occurrence of technical problems, outages, server and/or web hosting disruptions, or any other issues affecting the Services and shall not be responsible or liable for any direct or indirect consequence of such interruptions or outages.
Subscriber Obligations; Fees
1. Membership Subscription:
  1. Subscriber hereby agrees to participate in the Membership Plan on a monthly basis and pay the monthly subscription fee (“Fee”) for the applicable services as set forth at bitlancer.com. Bitlancer may, at any time and at its sole discretion, modify the subscription fee amounts. We will use commercially reasonable efforts to publish to you any modified fees, for example, by email or by posting updated fees on our website.
  2. In the event Subscriber operates at multiple locations or otherwise franchises or licenses its classes to third parties, each location shall constitute one (1) Subscriber and each location shall require separate Membership Plans and the applicable Fees.
  3. A new Subscriber, who has not previously been a customer of Bitlancer or its predecessor and who has not participated in a Bitlancer promotion (e.g. a promotional trial), may request a one-time refund of its pre-paid first month’s subscription Fees from Bitlancer if Subscriber terminates the Services within the first thirty (30) days of Service. Except for the foregoing, ALL FEES AND PAYMENTS ARE NON-REFUNDABLE and there shall be no refunds or credits for partial months of Service, plan downgrades, or refunds for unused time even if Subscriber stops use of the Service before the end of your then-current monthly term.
2. Promotions: From time to time, at its sole discretion, Bitlancer may offer promotions. In the event any promotion includes a free or discounted trial period (“Trial Period”), the Subscriber shall automatically convert to a paid Membership Plan unless Subscriber provides written notice of cancellation of the Trial Period within seven (7) days of the end of the Trial Period. We reserve the right to limit quantities and/or duration offered in promotions, whether at any cost, discount or offered at no charge, and we reserve the right to revise, suspend, or terminate a promotion at any time without notice. We do not guarantee that all features and functionality of the Services will be available for promotion. Subscribers who take advantage of promotions offered through the Services or otherwise by Bitlancer related to the Services are subject to the terms and conditions set forth in both the specific promotion and the terms and conditions stated in this Agreement. Additionally, Subscribers who take advantage of promotions shall not be eligible for the one-time refund set forth in Section 2(a)(iii) above.
3. Access to Third Party Platforms: Subscriber acknowledges that the Services may require access to, and the collection and processing of data from, Subscriber’s software and systems and/or Subscriber’s accounts with Third Party Properties (collectively, “Subscriber Systems”). Subscriber shall obtain all necessary licenses, consents and authorizations for Bitlancer to access Subscriber Systems and perform the Services; shall provide all necessary user credentials or other access to Subscriber Systems; and hereby authorizes Bitlancer to access and use the Subscriber Systems and data therein.
4. Subscriber Account:
  1. To access and use the Services, you must create a Subscriber account and provide certain information about your business, including location and contact information, and credit card and billing information to pay the Fee. You agree, represent, and warrant that: (i) you shall at all times provide true, accurate and complete information when registering and when using the Services; (ii) you shall update and maintain as true, accurate and complete all such information during your use of the Services; (iii) you are duly authorized to use the designated payment method, and (iv) you authorize Bitlancer (or our third party payment processor) to charge your payment method for the total amount of the Fee. Subscriber agrees and acknowledges that Fee payments are recurring and, if the payment method cannot be verified, is invalid or is otherwise not acceptable, your subscription may be suspended or cancelled.
  2. In the event Subscriber invites or requests access for additional users on your account, Subscriber agrees and acknowledges that Subscriber shall be responsible for all such users’ compliance with the terms of this Agreement and all activities that occur with respect to your account and their user credentials.
5. Publicity: Subscriber shall provide Bitlancer with a high-resolution logo and studio and/or class images, and you agree that Bitlancer may use your name, logo, and images for promotion and marketing purposes, including without limitation, to identify Subscriber as a customer of Bitlancer in client lists, on its website, and in marketing materials. If you do not wish Bitlancer to use your logo or images for certain purposes, please contact us at the email address set forth in the Notice section below.
6. Feedback: To the extent Subscriber provides Bitlancer with any comments, information, feedback and ideas regarding our company or Services (“Feedback”), please be advised that, upon communicating Feedback to Bitlancer, you agree that Bitlancer shall exclusively own all rights to the Feedback and you assign all right, title and interest, in and to such Feedback, including copyright and any other intellectual property rights in the Feedback.
Auto Renewal; Term and Termination. The term of this Agreement shall commence on the first day the Subscriber subscribes to any Membership Plan or Trial Period (if applicable), and shall continue for a period of one (1) month from the subscription or activation date (whichever is later) or (if a Trial Period is applicable) until the end of the Trial Period, and shall thereafter be automatically renewed on a month-to-month basis unless earlier terminated by either Party. In the event of termination of Services under this Agreement by Subscriber, for any reason, the termination will be effective at the end of the Subscriber’s then-current billing cycle. Bitlancer may immediately suspend or terminate the Services, at its sole discretion, in the event of a breach of Section 4 (Permitted Use and Restrictions) or if you fail to pay any Fees due under this Agreement. Except for the foregoing, any other termination by Bitlancer will be effective at the end of the Subscriber’s then-current billing cycle.
Permitted Use and Restrictions
1. Certain Bitlancer materials provided through the Services are protected by intellectual property laws, including but not limited to U.S. copyright laws. You expressly acknowledge and agree that the content accessible through the Services that is not expressly designated as being provided by you, a Third Party Property, or another entity is the property of Bitlancer and/or its content providers, and Bitlancer and/or its content providers retain all right, title, and interest in the content. Subject to the terms of this Agreement, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to access and use the Services and related materials solely for your own internal business purposes for your designated studio or business location. Except as expressly provided, all rights are reserved. Nothing contained in this Agreement or on the Services shall be construed as conferring by implication, estoppels or otherwise any license or right under any patent or trademark of Bitlancer, or any third party.
2. Except as expressly permitted by the Agreement, in connection with the access to and use of the Services, you may not and you may not permit any other users to:
  1. alter or modify the Services, or make any electronic reproduction, adaptation, distribution, performance, or display of the Services, or any portion thereof, except to the extent required for the limited purpose of reviewing material on the Services; or
  2. sell, rent, lease, transfer, distribute, broadcast, display, provide, or otherwise assign to any third party any rights to the Services, or related materials; or
  3. remove or modify any proprietary notice or labels on the Services, or related materials, including author attribution and copyright notices, or use any of our trademarks as meta-tags on any other website; or
  4. use the Services for any non-authorized purpose or any illegal purpose; or
  5. copy, modify, erase, or damage any information contained on computer servers used or controlled by Bitlancer or any third party; or
  6. use the Services to violate any legal right of any third party, including any publicity or privacy right, copyright, or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful, or otherwise objectionable; or
  7. access or use any password-protected, secure, or non-public areas of the Services, or access data on the Services not intended for you, except as specifically authorized by Bitlancer; or
  8. impersonate or misrepresent your affiliation with any person or entity; or
  9. use any automated means to access or use the Services, including scripts, bots, scrapers, data miners, or similar software, or display the Services, or portions thereof, in things (e.g., framing, scraping, etc.), without our express written permission; or
  10. attempt to or actually disrupt, impair, or interfere with the Services, or any information, data, or materials posted and/or displayed by Bitlancer; or
  11. attempt to probe, scan, or test the vulnerability of the Services or breach any implemented security or authentication measures, regardless of your motives or intent; or
  12. attempt to interfere with or disrupt access to or use of the Services by any user, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code.
Subscriber Data
1. “Data” means (i) proprietary or personal data regarding Subscriber or any of its users under this Agreement and (ii) all data provided, processed or made available by Subscriber or any of its users (including through Subscriber Systems) under this Agreement on the Bitlancer servers. To the extent Subscriber has ownership, Subscriber retains all ownership in the Data and acknowledges that the accuracy and completeness of the Data is the sole responsibility of Subscriber. Subscriber will also ensure that it has obtained all necessary licenses, consents and authorizations for Bitlancer to access and process the Data for the purposes permitted under this Agreement. Subscriber agrees that if, in the course of performing the Services, it is necessary for Bitlancer or its subcontractors to access and use any Data, Bitlancer and its subcontractors are hereby granted a nonexclusive, royalty-free license to use, access, copy, maintain, modify, enhance and create derivative works of the Data in connection with the Services.
2. “Applicable Privacy Law(s)” means any privacy or data protection law applicable to Bitlancer’s access to or processing of Subscriber’s Data or other data regarding Subscriber or its affiliates’ employees, customers or contractors, and any amendments, regulations or binding regulatory guidance related thereto, including but not limited to the California Consumer Privacy Act of 2018 (“CCPA”), the European Union General Data Protection Regulation (“GDPR”), and any other privacy laws applicable to personal information or Bitlancer’s access to or processing of personal information, and any amendments, regulations or binding regulatory guidance related thereto. To the extent any Data constitutes personal information or similar terms, within the meaning of an Applicable Privacy Law, the Parties agree that Subscriber is deemed the “business” and/or “data controller” and Bitlancer is deemed to be a “service provider” and/or “data processor,” or similar respective terms, within the meaning of the Applicable Privacy Law. In the event required for Bitlancer to be deemed a service provider or data controller under Applicable Privacy Law and solely applicable to the personal information subject to such Applicable Privacy Law, the Parties agree:
  1. Subscriber may provide personal information to Bitlancer for the necessary business purpose of providing the services specified in this Agreement in Bitlancer’s capacity as a service provider. Bitlancer shall use the personal information only as reasonably necessary and proportionate to achieve the business purpose for which the personal information is provided or as otherwise permitted under Applicable Privacy Laws.
  2. Bitlancer shall not “Sell” any personal information within the meaning of the CCPA.
  3. Bitlancer is also prohibited from: retaining, using, or disclosing personal information for any purpose other than for the specific purpose of performing the services specified in this Agreement, including any use for a commercial purpose other than performing the services specified in this Agreement, or as otherwise permitted under Applicable Privacy Laws; further collecting, selling, or using personal information except as necessary to perform such services or as otherwise permitted under Applicable Privacy Laws; and retaining, using or disclosing any personal information outside of the direct business relationship between Subscriber and Bitlancer or as otherwise permitted under Applicable Privacy Laws.
3. Bitlancer Privacy Policy: To the extent Bitlancer collects any personal data from you or your users, you consent and agree to the collection and use of such Data in accordance with Bitlancer’s Privacy Policy, which is incorporated herein by reference.
4. Operation of the Services from the United States of America. By accessing and using the Services, you acknowledge and agree that Bitlancer controls and operates all parts of the Services from its offices in the United States of America. Unless expressly stated to the contrary, Bitlancer makes no representation that the Services are appropriate or will be available for use in other locations. Bitlancer reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on or through the Services is void where prohibited. If you access or use the Services from outside the United States of America, you are entirely responsible for compliance with applicable local laws and other applicable laws, and also refer to our Privacy Policy regarding your consent to the transfer of Data to the United States of America. You may not use any portion of the Services in violation of applicable export laws and regulations.
Governing Law and Dispute Resolution.
1. This Agreement shall be binding upon the Parties, their successors, legal representatives and assigns, and it is mutually understood and expressly agreed that this Agreement shall be construed and interpreted according to the laws of the State of Delaware without regard to its conflict of laws provisions.
2. The Parties agree that any and all disputes arising out of this Agreement shall be submitted for binding arbitration. Unless the Parties agree otherwise, any arbitration shall take place in the State of Massachusetts, and shall be administered by, and pursuant to the rules of, the American Arbitration Association ("AAA"); provided however that nothing in this Section 6(c) shall be construed to prevent either Party from seeking from a court a temporary restraining order or other temporary or preliminary relief pending final resolution of a dispute pursuant hereto.
Indemnification. You agree to indemnify, defend and hold harmless each of Bitlancer, its employees, representatives, agents, officers, members and subcontractors from and against any claims, losses, damages, liabilities, including attorney fees and court expenses, arising out of use or misuse of the Services by you or your users, breach or alleged breach of the representations and warranties made in this Agreement, any third party claim for violation of Applicable Privacy Laws arising from or relating to Data, or any third party claim for violation or infringement of its intellectual property rights arising from or relating to this Agreement or any breach of this Agreement.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE SERVICES, INCLUDING THE SITES, ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. BITLANCER DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES, AND ANY OTHER PRODUCTS AND SERVICES OFFERED THROUGH THE SITES OR ANY OTHER PLATFORM OR DISTRIBUTION CHANNELS WHOLLY OR PARTIALLY OWNED, CONTROLLED, OR OPERATED BY BITLANCER, ITS AFFILIATES OR BUSINESS PARTNERS, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, INTEROPERABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. BITLANCER MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON, GENERATED BY OR OFFERED THROUGH THE SERVICES ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. BITLANCER ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE. FOR THE AVOIDANCE OF DOUBT, SUBSCRIBER ALSO AGREES AND ACKNOWLEDGES THAT STATEMENTS FROM ENTITIES (INCLUDING RESELLERS OR REFERRAL PARTNERS) SHALL NOT CONSTITUTE A REPRESENTATION OR WARRANTY, AND NO ENTITY IS AUTHORIZED TO MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
1. MAXIMUM LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, BITLANCER’S SOLE AND AGGREGATE LIABILITY FOR ANY CLAIMS, DAMAGES, LOSSES OR LIABILITIES ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR THE SERVICES PERFORMED OR TO BE PERFORMED HEREUNDER SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY SUBSCRIBER TO BITLANCER UNDER THIS AGREEMENT. THIS LIMITATION ON THE AMOUNT OF LIABILITY SHALL APPLY WHETHER A CLAIM OR LIABILITY ARISES IN CONTRACT, EQUITY, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), AND EVEN IF BITLANCER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR LIABILITY. THIS LIMITATION SHALL SPECIFICALLY SURVIVE A FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDIES THAT MAY BE PROVIDED IN THIS AGREEMENT.
2. NO CONSEQUENTIAL OR INDIRECT DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, BITLANCER, ITS AFFILIATES, REPRESENTATIVES, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, CONTRACTORS, OR THIRD-PARTY PARTNERS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), NOR FOR ANY DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, INTERRUPTION IN USE OR AVAILABILITY OF DATA, LOSS OF USE OF MONEY OR USE OF PRODUCTS, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS ENSUING FROM OR IN CONNECTION WITH (A) USE OR INABILITY TO USE SERVICES; (B) ANY TRANSACTIONS CONDUCTED THROUGH OR FACILITATED BY THE SERVICES; (C) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE DATA OR SERVICES; (D) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (E) ANY OTHER MATTER RELATED TO ANY PRODUCTS AND SERVICES OFFERED THROUGH THE SITES OR ANY OTHER PLATFORM OR DISTRIBUTION CHANNELS WHOLLY OR PARTIALLY OWNED, CONTROLLED, OR OPERATED BY BITLANCER, ITS AFFILIATES OR BUSINESS PARTNERS – EVEN IF BITLANCER OR ANY OF THE LISTED ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
3. 1-YEAR LIMIT. NO ACTION ARISING OUT OF THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE SERVICES, REGARDLESS OF FORM OR THE BASIS OF THE CLAIM, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN (OR IF MULTIPLE CAUSES, FROM THE DATE THE FIRST SUCH CAUSE AROSE) AND YOU HEREBY WAIVE ANY LONGER STATUTE OF LIMITATIONS THAT MAY BE PERMITTED BY LAW.
4. WAIVER OF CLASS ACTION. THE PARTIES AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER THROUGH ARBITRATION OR A COURT OF LAW, SHALL BE SOLELY CONDUCTED ON AN INDIVIDUAL BASIS, AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR SIMILAR ACTION.
5. RELEASE. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, YOU HEREBY WAIVE ANY PROVISION IN LAW, REGULATION, OR CODE SIMILAR REQUIRING SUCH RELEASE. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Notices. Any notice required to be given or made under this Agreement to Bitlancer shall be in writing, delivered to its address indicated below:

Matt Juszczak
Bitlancer LLC
24 School Street, Floor 2, Boston, MA 02108
Email: hello@bitlancer.com

Modifications. Bitlancer may modify the terms of this Agreement at any time at its sole discretion. We will use commercially reasonable efforts to publish to you any modified terms, for example, by posting an updated version to bitlancer.com/legal/bitlancer-subscription-agreement and updating the date identified at the top of the page. You should visit this page periodically to review the most current terms because you are bound by them. Your continued access and use of the Services after a modification to the terms constitutes your binding acceptance to all updated terms of the Agreement. If you deem any modification to the Agreement to be unacceptable, you shall stop accessing and using the Services.
Miscellaneous.
1. If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
2. No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with the Agreement.
3. You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by Bitlancer.
4. This Agreement, including the Privacy Policy, constitutes the entire understanding of the Parties in respect of its subject matter and supersedes all prior agreements and understandings (oral or written) between the Parties with respect to such subject matter.