BitWine User Terms and Conditions

Last updated May 28, 2026

Welcome to the Terms and Conditions. This is a legal agreement between you and Barges Technologies, Inc., doing business as BitWine and referred to in this Agreement as “BitWine,” “we,” or “us.” Our policies may also be referred to as “policies,” “terms,” or “terms and conditions.” If BitWine accepts your account registration, you will become a “User” and may access the Site and Services only under the terms described below. Some Users also become Advisors. Because successful registration as an Advisor enables you to use the Site and Services as both an Advisor and a User, this Agreement will refer to you in both capacities where appropriate.

These terms govern your use of the BitWine.com website and the services, features, content, and applications offered by BitWine, which enable you to seek and obtain online advice and consulting services from third party independent advisors.

Notice of Class Action Waiver and Arbitration Provision: these Terms and Conditions include a class action waiver and a mandatory arbitration requirement. Except for certain limited exceptions, any dispute, action, claim, or cause of action arising out of or related to these terms or these Terms and Conditions must be resolved through individual arbitration and may not be arbitrated or otherwise pursued as a class action. Please see the mutual arbitration provision described below for additional details.

Please read these Terms and Conditions carefully before using the BitWine website or mobile application. This Agreement governs your use of the BitWine mobile application (including all related documentation, the “Application”) and the BitWine website (“Website”). Together, the Application and Website are referred to as the “Service.” The Application is licensed, not sold, to you under the terms of this Agreement.

The Service is for entertainment purposes only.

By accessing, downloading, or using the Service, you acknowledge and represent that:

i. You are eighteen (18) years of age or older and otherwise capable of entering legally binding contracts under applicable law; and

ii. You have read, understand, and accept the terms of these Terms and Conditions and agree to be legally bound by them.

If you do not agree to the terms of these Terms and Conditions, do not download, install, or use the Application, and delete it from your device.

The policies below limit our liability and obligations to you and permit us to change, suspend, or terminate your access to and use of the Service at any time in our sole discretion. It is your responsibility to review this Agreement along with all other applicable policies, including our Privacy Policy and our BitWine Advisor Program Agreement.

By accessing or using the Service, you agree to be bound by these terms as well as any additional terms contained in our other policies and agreements that may apply to you. These terms apply to all visitors, clients, advisors, and others who access or use the Service. Your use of the Service is conditioned on your acceptance of and compliance with these terms. Advisors must also read and agree to the additional policies applicable to their use of the Service.

For convenience, we refer to the BitWine website, Mail (emails sent from your User account to another User), Chat (live chats between Users), phone services, video services, and all related content as the “Site.” We refer to any advice, information, entertainment, or other products or services you may receive from other Users or from their listings on the Site as the “Services.” All individuals who access the Site or provide or receive Services are referred to as “Users.”

The policies and terms below limit BitWine’s liability and obligations to you. BitWine may change, suspend, or terminate your access to the Site and Services at any time if, in BitWine’s sole discretion, you violate any terms or policies. Please read all terms and conditions carefully, along with any additional policies referenced here or available on the Site.

The following policies and rules are incorporated into these Terms and Conditions by reference and include additional terms and conditions that BitWine may modify from time to time:

Advisor Terms and Conditions
Privacy Policy
User Services Rules Policy
Photo Policy
Video Policy
Mobile Messaging Terms of Service

If any conflict exists between the terms of these policies and these Terms and Conditions, the terms of these Terms and Conditions will govern.

In order to participate in the Site or the Services as an Advisor, you will be obligated to review and accept the BitWine Advisor Program Agreement. Any and all persons who use the Site and Services are bound by this Agreement and you understand that even if you are an Advisor, this Agreement applies to you as well.

1. Acceptable Use

Eligibility to use the Site and Services is limited. The Site and Services are available only to persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. Without limiting the foregoing, the Site and Services are not available to Advisors or Users who have not accepted these Terms and Conditions, or who BitWine has suspended from use of the Site or Services. You shall also not use this Site or Services if your use is prohibited by the laws of the United States or any other country.

2. You consult with Users or provide Services at your own risk.

(a) BitWine does not evaluate, provide, produce or control the Services, or information or exchanges between Users, in any manner. Although Advisor profiles may contain verified credentials, the verification services are provided by third parties. BitWine does not itself provide any advice, information or entertainment services or other products or services, nor verify, guarantee or make any representations regarding the credentials, identity or qualifications of any User. Further, BitWine does not make editorial or managerial decisions concerning content, nor will BitWine be held responsible for any User’s failure to comply with laws or regulations concerning the content of listings. BitWine provides a technology service that allows Users to share advice, information and other products or Services among themselves. Although BitWine enables its Users to connect with each other, it does not monitor the advice exchanged, and, as a result, BitWine does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Users, including without limitation any information contained in User listings or made available through this Site.

BitWine is not responsible for the use or exchange of any information, files or goods between Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services, in evaluating the qualifications of, and statements made by Users in listings or through the User feedback system, and in disclosing personal information to other Users. BitWine prohibits any User from requesting that another User disclose personal contact information. BitWine prohibits any user from exchanging personal contact information. If you voluntarily disclose your own personal contact information to another User, you do so at your own risk.

Placement of a User in a particular category does not mean that they are qualified in any such area or category. BitWine assumes no responsibility for monitoring any User feedback or otherwise policing its Users in any way. If you ever believe that a User has violated the law or is defrauding, threatening or endangering anyone, BitWine urges you to immediately contact the law enforcement, welfare services or other appropriate authorities directly for help. In addition, BitWine prohibits Users from using the Site or Services to solicit other Users to meet with them in person. If you do meet with other Users, you do so at your own risk.

(b) BitWine does not refer, endorse, recommend, verify, evaluate or guarantee any advice, information, entertainment services or other products or services provided by Users, or any specific User or Services, and nothing shall be considered as a referral, endorsement, recommendation or guarantee of any User or group of Users by BitWine. You must use your judgment to determine whether to initiate, receive and/or discontinue use of the Services. Users who initiate, receive and/or discontinue use of the Services do so entirely at their own risk, and BitWine bears no responsibility in this regard. We may monitor or record your live telephone conversations with other Users for operational purposes, including for technological quality assurance purposes. By agreeing to these Terms and Conditions or by using the Site, you consent to our monitoring or recording your live telephone conversations as just described. BitWine also reserves the right to monitor pre-recorded calls, review Video, Mail and Chat and to contact Users in order to evaluate compliance with the rules and policies set forth in these Terms and Conditions and to take other action as set forth in the Privacy Policy. We urge you to review and understand the Privacy Policy. As part of these Terms and Conditions you are agreeing to the terms and conditions set forth in the Privacy Policy and are obliged to abide by its terms.

(c) If you have a dispute with another User, or suffer any harm arising out of or connected with any Services provided by another User, you hereby waive all claims against and release BitWine (and its parents, subsidiaries, employees, officers, directors, shareholders, suppliers, joint venturers and agents) from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such other User or his/her Services or with regard to disputes relating thereto. This provision is further supplemented by Appendix A relating to Release of Liability.

(d) If you decide to provide your services through the use of the Site and Services, you must exercise a reasonable standard of care, at least the same as a professional advisor would in a similar transaction not conducted through the internet, or the standard of care mandated by your profession, whichever is higher. You shall not have any plea, claim or demand against BitWine, its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents in respect of any services you provide in connection with the use of the Site and Services. BitWine will not be deemed the provider or recipient of any services acquired through the Site and Services. The sale or purchase of services is accordingly at your sole and entire risk.

(e) Advisor will bear sole responsibility for entering into, enforcing, or otherwise administering any agreement entered into with a User in connection with a Transaction. By servicing a User, Advisor is entering into a contract with that User, and BitWine is not a party to such contract and shall not be responsible or liable for enforcement of any such contract. Advisor is solely responsible and liable for any damages and/or claims suffered by or asserted by a User in connection with services provided by Advisor.

3. BitWine may suspend or terminate your use of the Site or Services, at any time.

(a) BitWine reserves the right to suspend, terminate, or modify your use of the Site or Services at any time. We reserve the right to modify the Site or Services or any other software, products or services at any time with or without notice to you, including without limitation by adding or subtracting features and functionality, third party content, etc. In the event of such modification or discontinuation, your sole remedy shall be to terminate this Agreement as set forth herein. Continued use of the Site, Software or any software, products or services following any such changes will indicate your acknowledgement and acceptance of such changes and satisfaction with the software, products and/or services as so modified. We may change the terms of these Terms and Conditions from time to time, by updating these terms as posted online and/or in the applicable software. Any such changes will become effective when notice is received or when so posted, whichever first occurs. If you object to any such changes, your sole recourse will be to terminate this Agreement. Continued use of the Site, Services or any software, products or services following such changes will indicate your acknowledgement of such changes and agreement to be bound by such changes. We may elect in our discretion to notify you of any changes and/or ask you to confirm acceptance of the new terms upon your first visit to use the Site or Services after posting of the change as a condition of continuing to use the Site or Services. If a returning User or Provider does not agree to the new terms, such User or Provider may cease using the Site and Services and cancel his/her Account as the User’s sole remedy. Continued use thereafter will indicate your consent.

(b) Without limiting other remedies, BitWine may at any time suspend or terminate your right to use the Site or Services without reason as determined by BitWine in BitWine’s absolute and sole discretion. In addition, BitWine may notify your bank and/or authorities or take any actions it deems appropriate or as required by law if BitWine: (i) suspects that you have failed to comply with any provision of these Terms and Conditions or any policies or rules established by BitWine; (ii) is unable to verify or authenticate any billing or payment information you provide to BitWine; or (iii) suspects that your actions may be illegal or cause liability, harm or disruption for you, other Users, BitWine or the Site. You have the right to cancel your acceptance of these Terms and Conditions at any time by filling out the Customer Support form and selecting “Cancel Account” in the subject line. Any suspension, termination or cancellation will not affect your obligation to pay any amounts due to BitWine.

4. BitWine’s limited role.

(a) You (i) appoint BitWine as your limited agent and (ii) agree that receipt by BitWine of any such payment constitutes receipt by you and satisfies the payor’s obligation to make such payment to you. Except as otherwise set forth in this Section, BitWine acts only as an interface to facilitate communications initiated between Users.

(b) You understand the Services enable you to negotiate with, communicate with, and engage an Advisor directly, as well as pay the Advisor directly, for the services purchased by you from any such Advisor (each such engagement a “Transaction”). You understand that any Transaction is a binding contract between you and an Advisor and that BitWine is not a party to any such contract and is not a party to any Transaction. You understand that it is your duty to confirm or verify any information provided by any Advisors and that you bear the sole risk of relying on any such information.

(c) Except as otherwise set forth in this Section, as a User, you are not an employee, agent or contractor of BitWine, and you shall not represent that you are any of the foregoing. You are solely responsible for all equipment necessary to access and use the Site and Services, obtaining any licensing required to provide Services or use the Site, and for reporting and payment of all taxes associated with the use of the Site or provision of Services, including any payments you receive for Services you provide. BitWine accepts no responsibility for reporting to law enforcement agencies any threats made by Users to harm themselves or third parties or take any illegal action. Any such responsibility lies with the User alone.

5. Prohibited Content

We reserve the right to monitor any and all communication through the Service. By using the Service, You understand and agree that the following behavior is strictly prohibited and is not permitted at any time while using the Service:

1. Using vulgar, abusive, obscene, racially offensive, sexually offensive or otherwise offensive or discriminatory language.

2. Harassing, threatening or intimidating another User.

3. Engaging in manipulative, deceptive or otherwise unethical behavior toward another User.

4. Sending or requesting sexually explicit images or other offensive content.

5. Requesting advice or predictions related to medical issues. This includes, but is not limited to, diagnosis of illnesses, provision of treatments, prescription of medications, as well as advice or predictions related to pregnancy.

6. Requesting advice or predictions related to legal issues. This includes, but is not limited to, the outcome of court cases, whether criminal charges will be issued or dropped, whether legal action is imminent, as well as whether legal action is necessary.

7. Requesting advice on topics wherein a minor is or could be in danger. This includes, but is not limited to, situations such as grooming, child abuse and domestic violence.

8. Requesting advice related to taxes, the value of securities, or the advisability of investing in, purchasing, or selling securities or any other negotiable instruments.

9. Requesting advice related to gambling activities or the payment or acceptance of payments relating to gambling activities, including but not limited to sports betting and lottery.

10. Discussing or organizing illegal activity of any kind.

11. Engaging in any other conduct that would be considered a criminal offense, give rise to civil liability, or violate any law or regulation.

12. Sharing or requesting any form of personal contact information (phone numbers, social media, email addresses, etc), including information belonging to third parties.

13. Offering to sell services to other Users off-platform or attempting to circumvent BitWine’s billing system in any other way.

14. Linking to, directing Users to, or otherwise promoting any outside website, platform, marketplace or service where goods or services are offered, sold, or purchased, including but not limited to competitive services.

15. Infringing on another’s intellectual property, including, but not limited to, any copyright, trademark, rights of publicity, or other proprietary rights.

16. Impersonating or attempting to represent any employee of BitWine or BitWine itself.

17. Exploitation of, or the posting or requesting of any information from, a minor (anyone under the age of 18).

18. Posting, storing or transmitting advertising, promotional material, or solicitations of goods or services, except where expressly permitted by BitWine.

19. Attempting to gain unauthorized entry to any computer system or network connected to the Site and Services.

20. Transmitting any virus, worm, trojan horse, or other harmful or disruptive component.

21. Invading the privacy of any User or other individual.

22. Undermining, disrupting or manipulating the integrity of the User feedback rating system.

23. Exploiting, manipulating, or otherwise misusing any promotions, discounts, incentive programs, or other special offers made available through the Site.

You understand that if You cause or participate in any of the above-mentioned activities while using the Service, your account is subject to termination and your actions may be reported to the proper authorities when appropriate.

BitWine may also, in its sole discretion, (i) refuse to post or transmit; or (ii) remove any content uploaded by a User.

BitWine may also choose to review a User’s personal profile and amend any typing or spelling errors.

BitWine may also, without notice, remove old ratings or exclude ratings which BitWine in its sole discretion believes compromises the integrity of the User feedback rating system.

6. You are solely responsible for the use of your User account and agree to the following fee and payment terms:

(a) The rates for Services are as set forth in the applicable listing. A “Conversation” refers to any live call or Chat. “Transaction” means any Conversation or pre-recorded call through the Site initiated using your password and User account. You hereby authorize BitWine to collect fees for each Transaction by debiting your User account immediately upon conclusion of each Transaction, regardless of quality or completeness. Fees for Conversations and pre-recorded calls are calculated based on the per-minute rate listed and the duration of the transaction. BitWine reserves the right to offer, from time to time and subject to change at any time, promotions or special offers and may limit eligibility for promotional or special offers. Fees for recorded calls are determined based on the listed fee. You authorize BitWine, directly or through third parties, to make any inquiries we consider necessary to validate your User account and/or listing information. This may include ordering a credit report and performing other credit checks or otherwise verifying the information you provide.

(b) You agree to never allow another person access to your User account. You agree to maintain the confidentiality of your password and User account information, and agree that you are responsible for all activities that occur under your User name, password and User account.

(c) You are solely responsible for all use made of the Site and Services under your password and User account and agree to pay for all Services purchased using your password and User account information. You agree that BitWine is not responsible for any loss that you may incur as a result of any unauthorized person using your User account or password. You agree that BitWine may use information provided by you as described in the Privacy Policy.

(d) Based on User account use, and other factors identified by BitWine in its sole discretion, BitWine may verify your credit, identity and/or other background information in order for you to continue using the Site or Services. In such event, you agree to provide BitWine with additional information that may be requested; you consent to BitWine’s disclosure of your personal information to third-party service providers in order to verify your credit, identity and/or other background information; and you authorize BitWine to obtain a consumer credit report or information from consumer credit reporting agencies and to verify your identity.

7. Intellectual Property and Ownership

(a) BitWine shall own all right, title and interest in Services and the Site, its entire contents and functionality, including but not limited to, all methods, processes, content, formats, designs, URLs, buttons, information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, together with all inventions, patents, copyrights, trademarks and other intellectual property rights and derivative works and improvements pertaining thereto, created by or derived from the Site. Except as noted below, you are not granted any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of BitWine or any third party.

(b) You understand and agree that you will have no right, title and interest to any User listing name and that User listing names may be recycled by BitWine to other Users if you are not actively using them or your User account has been terminated. Further, you hereby grant to BitWine, its distribution partners, affiliates, and similar third party website/media providers of BitWine’s choice, the non-exclusive right and license to do the following with any information you post for public display via the Site or Services, all as part of delivering its Services and for related advertising of the Site and Services: use, copy, distribute, display or reference in any media form, whether now existing or later developed, your listing information, including without limitation, your listing name, tags, descriptions, photos, BitWine buttons, or your User information, including without limitation, your user name, registration date, conversation lengths, and submitted ratings and/or written feedback for Services.

(c) As a User, you are granted a nonexclusive, non-transferable, revocable and limited license to access and use the Site and Services in accordance with these Terms and Conditions. BitWine may terminate this license at any time for any reason whatsoever. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site or any portion thereof. If your account has been disabled, you will not be able to obtain chat or mail content.

(d) You may not create any derivative or similar work or technology based upon any Intellectual Property of BitWine, an affiliated company, or its licensors. You may not sub-license, assign, transfer, sell or make any other commercial use of your usership in the Site and Services. You may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of BitWine or the Site and Services, or take any other action which infringes or impairs BitWine’s trademark rights.

(e) BitWine and its licensors own all rights, title, and interest in the Site and Services, including all content, design, graphics, logos, trademarks, trade dress, software, features, and other proprietary materials, except for content owned by Users or third-party suppliers. Subject to these Terms, BitWine grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site and Services for their intended purposes. You may not copy, modify, reproduce, frame, scrape, exploit, or use any BitWine content, trademark, logo, trade dress, meta tag, hidden text, or other proprietary material without BitWine’s prior written consent, or in any manner that is false, misleading, derogatory, confusing, or suggests an unauthorized affiliation, endorsement, or sponsorship. You may link to the BitWine homepage so long as the link does not portray BitWine, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner, and you may not use any BitWine logo, trademark, or proprietary graphic as part of such link without prior written permission.

This section shall survive expiration or termination of this Agreement.

8. Disclaimer, Warranty, Liability and Indemnification

(a) The Site, the Service, and any services or goods obtained through them are provided “as is” and “as available,” with no warranty of any kind. BitWine and its suppliers expressly disclaim all warranties, whether express or implied, regarding the Site, the Service, Third Party Services, advisor or user communications, user content, and any information obtained through the Service. This includes, without limitation, implied warranties of quality, availability, merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or performance. BitWine does not represent or warrant that operation of the Site or Service will be uninterrupted, error-free, secure, timely, virus-free, or reliable, and the Service may contain bugs, errors, or other limitations. These disclaimers apply to the fullest extent permitted by law; to the extent any jurisdiction limits such disclaimers, they apply only to the extent required by such law.

(b) The Service is a search, directory, and communications platform that enables connections between Users seeking services and individuals or companies that provide them (“Third Party Services”). BitWine does not evaluate, provide, produce, or control Users, clients, advisors, or any information exchanged through the Service, nor does it guarantee or warrant the reliability, quality, qualifications, licensure, safety, legality, completeness, appropriateness, timeliness, accuracy, applicability, or suitability of any advisor, provider, user, or Third Party Service. BitWine is not responsible for the conduct, online or offline, of any User, advisor, or third-party service provider. Individuals providing Third Party Services are not employees or contractors of BitWine. You agree to exercise caution and common sense when interacting with advisors or providers and agree that BitWine is not responsible for any liability, damages, or disputes arising out of such interactions or services. Advisors or providers posting in the directory grant BitWine a license to use their listings, including content, information, names, marks, and logos, in the directory and in promotion of the directory and the Service.

The Site and Services, or a portion thereof, may also be made available via third-party websites. If you have accessed the Site and Services, or any portion thereof, via a third-party website, such use may be subject to terms and conditions imposed by such third party. BitWine is not responsible for any terms, conditions, policies, acts, or omissions, of any such third parties.

(c) Your use of the Service is at your sole risk. No advice or information obtained from BitWine, whether through the Site or Service, creates any warranty not expressly stated in this Agreement. BitWine is not liable for any error, omission, interruption, deletion, defect, delay, communication failure, theft, destruction, unauthorized access, technical malfunction of networks or systems, or any damage to devices arising from use of the Service.

(d) You acknowledge, confirm, and agree that the Service is for entertainment purposes only and is not designed for emergencies, medical or psychological purposes, therapy, or as a substitute for professional medical, financial, investment, or legal advice. BitWine is not a medical practice, financial services firm, or legal service provider, nor is it registered or engaged in those professions. Any reliance on advice or information from an advisor, client, or user is solely at your own risk. You bear sole responsibility for your own acts, omissions, and content in connection with the Service. If you are experiencing suicidal thoughts, feel you may be a danger to yourself or others, or have a medical emergency, call emergency services (such as 911) immediately. BitWine and third-party providers expressly disclaim any liability or loss related to content provided through the Service.

(e) To the maximum extent permitted by applicable law, BitWine, its parents, subsidiaries, affiliates, directors, employees, partners, agents, suppliers, licensors, successors, and assigns are not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind. This includes, without limitation, loss of profits, data, use, goodwill, business interruption, litigation costs, intangible losses, medical or legal malpractice damages, pain and suffering, theft, property damage, personal injury or wrongful death, or any damages arising from or related to:

(i) your access to, use of, or inability to use the Service;

(ii) any conduct or content of any third party, advisor, provider, or user on or through the Service;

(iii) any Content obtained from or provided to the Service;

(iv) following or relying on an advisor’s recommendations or advice, or actions taken by you in response; or

(v) unauthorized access to, use of, or alteration of your transmissions, communications, or content; whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, even if BitWine has been advised of the possibility of such damages and even if any remedy fails of its essential purpose.

(f) BitWine and its parents, subsidiaries, agents, or suppliers will not be liable for interruptions, errors, or any failure of Third Party Services to be provided. Their aggregate liability to you arising out of or related to this Agreement will not exceed the greater of:

(i) the total fees actually earned by BitWine from you (after payments to users and other third parties) in the previous twelve (12) months, or

(ii) two hundred dollars ($200).

For residents of New Jersey, nothing herein limits your ability to recover damages or attorneys’ fees if mandated by statute. In a separate limitation applicable to certain uses of the Service, BitWine’s liability to you, regardless of the form of action, will not exceed fifty dollars ($50). If no fees have been paid, you are limited to injunctive relief only unless otherwise permitted by law.

Any cause of action arising out of or relating to these terms or the Service must be commenced within one (1) year after it arises, or it is permanently barred.

(g) You agree to defend, indemnify, and hold harmless BitWine and its employees, parents, subsidiaries, agents, representatives, officers, directors, contractors, licensors, and licensees, from and against any and all claims, damages, losses, liabilities, obligations, costs, debts, and expenses (including attorneys’ fees) arising out of or relating to:

(i) your use of the Service, whether by you or by anyone using your account;

(ii) your violation of this Agreement, the BitWine Advisor Program Agreement, or any other governing agreement;

(iii) your violation of any representations or warranties made to us;

(iv) your violation of any law or third-party rights; or

(v) any content you post or upload, including user content, third-party content, or content from third-party sites.

You further agree to hold harmless, defend, and indemnify BitWine from any liability related to your provision of services to others through the Site, including claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees of any kind (known or unknown, foreseeable or unforeseeable, disclosed or undisclosed). BitWine will provide written notice of such claims and may withhold payments to offset liabilities and expenses.

9. License

Our Service allows You to post, link, store, share and otherwise make available certain information, messages, communications, text, graphics, images, audio, video, or other material (“Content”). You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

With this Agreement, we grant You a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to use the Service only for its intended use – to seek and obtain online advice and consulting services from Advisors for your personal entertainment or informational purposes only. We may terminate this license at any time for any reason whatsoever. You understand and agree that You are not permitted to use the BitWine logo or any of BitWine’s patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses as it is with respect to the Service for any purpose whatsoever, including, but not limited to, the advertising and marketing of your services.

10. Collection and Use of Your Information

You acknowledge that when You download, install or use the Application, BitWine may use automatic means (including, for example, cookies, Apple’s Advertising Identifier (“IDFA”), and Google’s Advertising ID) to collect information about your mobile device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Application or certain of its features or functionality, and the Application may provide You with opportunities to share information about yourself with others. All information We collect through or in connection with this Application is subject to Our Privacy Policy.

By downloading, installing, using and providing information to or through this application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

BitWine may retain your information for the purposes and timeframes as set out in BitWine’s Privacy Policy. Nevertheless, you acknowledge that BitWine is not required to store information (including your transcripts, surveys, and recordings) indefinitely.

You hereby grant BitWine an unlimited, irrevocable, royalty-free license to use, reproduce, edit, copy, transmit, distribute, publicly display, publicly perform, create derivative works based on, on a worldwide basis, any information or content that you post, transmit, deliver, or receive via the Site and Services.

BitWine may disclose User information, including, but not limited to, personal information, transcripts, surveys, and recordings, to a third party (including the appropriate authorities) if BitWine or an Advisor reasonably believes that disclosure (i) is necessary to comply with a legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirement of any governmental authority; (ii) would potentially mitigate BitWine’s liability in an actual or potential lawsuit; (iii) is necessary or appropriate to protect BitWine’s rights or property, or the rights or property of any person or entity; (iv) is necessary or appropriate to enforce this Agreement (including, but not limited to, ensuring payment of fees by Users), or (v) is necessary to deter illegal behavior (including, but not limited to, fraud), or (vi) is necessary because someone may be in danger.

You warrant that either: (a) your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in this Agreement; or (b) all parties whose materials are included in your User Content, or who contributed in any way, are depicted in, or have any rights to your User Content, have granted you permission to submit and license your User Content to BitWine as set forth herein, with full knowledge that BitWine may exploit it in any manner whatsoever.

You further agree that BitWine is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Site or BitWine, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise exploiting products and/or services using such User Content; and without remuneration of any kind.

You further perpetually and irrevocably grant BitWine the unconditional right to use and exploit your name, persona and likeness included in any User Content. You also grant to BitWine the right to sub-license and authorize others to exercise any of the rights granted to BitWine.

You authorize BitWine to publish your User Content in a searchable format that may be accessed by users of the Site and the Internet, and you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

11. Advisors

(a) Advisors are not Our employees, consultants, agents or representatives. Advisors use the Service to provide clients with personalized readings and advice for entertainment purposes. We do not guarantee the verification of qualifications, certifications, credentials, competence or background of any Advisor. Your relationship relating to the Service is strictly and solely with the Advisor. We do not endorse, recommend, evaluate, warrant or guarantee any opinion, response, advice, prediction, recommendation, information or other service provided by any Advisor. Advisors are not permitted to request your personal contact information, address, credit card, Paypal or other payment information, or other sensitive information of a similar nature. You must not provide any such information even if an Advisor violates these Terms and asks You for it. Advisors must also read and agree to the BitWine Advisor Program Agreement.

Users should not rely on or make health, legal, financial, or other decisions based on advice provided by any Advisor. Advisors are generally prohibited from providing advice which requires professional licensure. BitWine strongly recommends that a User seeking medical or mental health advice see a qualified professional in person.

BitWine is not responsible for screening or editing the content of communications between Advisors and Users, however BitWine may screen, copy, transmit and review all communications conducted by or through the Site and Services for technical support and/or in order to uphold the terms of this Agreement. All communications between Advisors and Users are NOT encrypted and thus may be subject to unauthorized interception and monitoring.

(b) All communications (free or for fee) between Users and Advisors are stored on the Site and Services servers and are available for review by Advisors and Users. The Site and Services denotes to its users which communications are visible to the public and those that are visible to specific, individual users only.

All information disclosed to you by Users in connection with your services as an Advisor should be treated as private and confidential information. You may not share or post such information, including but not limited to portions or excerpts from User communications, conversations or messages, to any group, publication, forum, website, or any other place whatsoever. You may also not share such information with any other BitWine Advisor, nor with any other individual, entity, or person. You understand that a User is not required to maintain confidentiality with regard to any advice that you provide as an Advisor.

(c) You also acknowledge that you will maintain compliance with privacy laws such as GDPR (General Data Protection Regulation) and CCPA (California Consumer Privacy Act), including rights of access, erasure of personal data, data portability and data protection. This means that You are not to do anything that might infringe upon User privacy rights, including but not limited to keeping notes about the User or any User personal data in an unsecured manner, sharing personal User data with anyone, failing to take reasonable measures to protect personal User data, or failing to comply with a User’s request to erase personal data where required. By being an Advisor on BitWine, you acknowledge that you are liable for compliance with GDPR as outlined above. Failure to comply may expose you to monetary fines or other penalties by EU authorities, as well as termination of your BitWine account.

12. Orders, Payment and Fees

1. You understand any and all fees, expenses, and payments for any Transaction shall be arranged directly between you and the Advisor.

2. You understand that BitWine does not collect, nor store payment and/or credit card information from you and that all payments are facilitated separately by PayPal, or any third party payment or service facility used by Bitwine.

3. You understand that any and all credit card, bank, or other payment information supplied by you to pay for any Transaction is transmitted directly to PayPal or any third party payment or service facility used by Bitwine, which processes, stores, and otherwise uses such information in order to facilitate payment to an Advisor.

4. You agree that you will be subject to PayPal’s terms and conditions as well as privacy policy.

5. You understand that all pricing, rates, and fees for any Transaction are set by the applicable Advisor and that BitWine does not set any such pricing, rates, and fees.

6. You agree to ensure that at all times all credit card and payment information supplied by you is accurate and correct and kept updated with PayPal or any third party payment or service facility used by Bitwine and that you are fully authorized to use such credit card and payment information and PayPal account (or account with any third party payment or service facility used by Bitwine) for purposes of paying for any Transaction.

7. You understand that once you make payment for any and all Transactions, you will not seek to cancel, charge back, or otherwise seek a refund on any basis that is fraudulent, misleading, or untrue.

8. You understand that all payments are final and that BitWine offers no refunds.

You understand that BitWine does not store your payment and/or credit card information and that all payments are processed separately either through in-app purchases, or through PayPal, Stripe, or such other third party payment or service facility We choose. In addition to these Terms, You will be subject to PayPal’s, Stripe’s, or such other third party’s terms and conditions, privacy policies and other applicable agreements.

At all times, You agree that You will provide true, complete and correct credit card and payment information and that You are authorized to do so. Once a payment is made for the Service, You agree that You will not seek to cancel, chargeback, or otherwise seek a refund on any basis that is fraudulent, misleading, or untrue. You agree to pay all fees and charges incurred in connection with your Orders at the rates in effect when the charges were incurred. It is possible to purchase credits or tokens (collectively, “Credit”), both via the Application and the Website, which may be used to pay for future readings or Service.

If you do not use your credit for a period of five (5) years after it is purchased, the credit may become inactive or dormant.

All amounts displayed on the Site and Services are in US dollars, and You will be charged in USD. You may be required to verify your account or payment method via phone or email. You are solely responsible for any fees or other charges from your internet service provider and wireless communications provider for any data, video, audio or message services.

13. Accounts

When You create an account with Us, You must provide us information that is accurate, complete, and current at all times. Your failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

You understand that You are entirely responsible for safeguarding the password that You use to access the Service and for any activities or actions under your password, whether your password is with Our Service or a third-party service. You agree not to disclose your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of your account. BitWine will not be liable for any loss that You incur as a result of someone else using your account or your password.

You may not use as a username or nickname the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, a name that is otherwise offensive, vulgar or obscene, or a name that deceives or otherwise misleads others to believe You are someone that You are not.

You agree not to allow someone who is not you to use your account, username or password at any time.

14. Availability, Errors and Inaccuracies

We are constantly updating Our offerings of products and services on the Service. The products or services available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information on the Service and in Our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

You understand that it is your responsibility to update the Application as new versions are released and that your failure to download a new version of the Application may prevent You from enjoying the most recent content and features. BitWine shall not bear any responsibility or liability for your failure to update the Application.

Our Service depends on various factors such as software, hardware and communications networks, and other factors outside of its control. You understand that We do not guarantee that the Service will be uninterrupted or that it will be timely, secure and error-free.

The Site and Services may contain links or other content (including advertisements on its own behalf or paid advertisements on behalf of third parties) related to web sites, products and/or services offered by third parties and BitWine has no control over any such linked content or anything provided by any such third party. You acknowledge and agree that BitWine is not responsible for such third party links, content, web sites, products or services and will not be responsible or liable for anything related thereto and agree that BitWine will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged by or in connection with the use of or reliance on any such link, web site, content, product and/or service.

15. Copyright Policy

You shall not use the Site or Services to transmit, route, provide connections to or store any material that infringes copyrighted works, trademarks, or otherwise violates or promotes the violation of the intellectual property rights of any third party. “BitWine” and all related names, logos, product and service names, designs and slogans are trademarks of BitWine or its affiliates or licensors. You must not use such marks without the prior written permission of BitWine. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe has been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:

If you fail to comply with all of the requirements of Section 512©(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of Users who are repeat copyright infringers.

16. Electronic Records

You consent to the use of (a) electronic means to complete these Terms and Conditions, to use the Site and Services and to provide you with any notices given pursuant to these Terms and Conditions, and (b) electronic records to store information related to these Terms and Conditions or your use of the Site.

You can request a copy in paper form of these Terms and Conditions and any other records relating to these Terms and Conditions or your use of the Site by sending a written request to: BitWine, 182 Howard Street, #826, San Francisco, CA 94105. You understand and agree that these Terms and Conditions and any notices given pursuant to these Terms and Conditions are enforceable in electronic format.

17. Governing Law

You expressly agree that these Terms and any dispute arising out of these Terms or use of the Service shall be governed, construed, and enforced in accordance with the laws of New York, United States, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). You further agree and consent to the exclusive personal and subject matter jurisdiction and venue of the state and federal courts located in the Bergen County, New Jersey, for the resolution of any such dispute and You agree and submit to personal jurisdiction in such courts. In addition, You forever waive any argument or defense based on personal jurisdiction, venue, or forum non conveniens.

18. Class Action Waiver

In any dispute, neither you nor any other person shall be entitled to join or consolidate claims as a representative of a class or in a private attorney general capacity. You acknowledge that you are giving up your rights to participate in a class action or representative action with respect to any such claim.

19. Applicable Apple Inc. Terms

The parties acknowledge that this Agreement is entered into by the End User and BitWine only, and not with Apple. BitWine, not Apple, is solely responsible for the Service, subject to the terms and conditions of this Agreement. The parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.

Apple and Apple’s subsidiaries shall be third party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third party beneficiary thereof.

To the extent that any product warranty is being granted to You by this Agreement and is not disclaimed, if the Service fails to conform to any applicable warranty, You may notify Apple and Apple will refund the purchase price for the Service to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is solely BitWine’s responsibility.

The parties acknowledge that BitWine, not Apple, is responsible for addressing any of your claims or any third party claims relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

In the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, BitWine, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

20. Miscellaneous

Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. You may not assign your rights or obligations under this Agreement without Our prior written consent and any attempt to do so without such consent will be null and void and given no force or effect. BitWine may assign its rights under this Agreement without condition. These Terms constitute the entire agreement between us regarding Our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

If any provision of these Terms and Conditions is held to be invalid or unenforceable in its entirety, such determination will not affect the validity of the remainder of the Agreement. If any provision of these Terms and Conditions is held to be invalid or unenforceable in part, such determination will not affect the validity of the remainder of that provision. You acknowledge and agree that the substantive laws of the state where you primarily rendered or received Services under the User Agreement shall apply to each claim covered by this Agreement without giving effect to principles of conflicts of laws. BitWine’s failure to act with respect to a breach by you or others does not waive BitWine’s right to act with respect to subsequent or similar breaches. The failure of BitWine to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. You agree that these Terms and Conditions and the policies incorporated herein, and BitWine’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and BitWine. These Terms and Conditions, together with the rules and policies of BitWine, constitutes the entire agreement between BitWine and you with respect to the subject matter hereof.

No amendment to this Agreement will be effective unless made in writing.

Persons and entities who live in a territory that is prohibited by law from entering into trade relations with the United States are not permitted to use or access the Site and Services.

This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. User has not relied upon any promises or representations by BitWine with respect to the subject matter except as set forth herein.

Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.

BitWine may provide notices or other communications to you regarding changes to this Agreement and/or changes to any aspect of the Site and Services, by email to the email address that we have on record, by regular mail or by posting on the Site and Services. The date of receipt shall be deemed the date on which such notice is given. However, any changes to the dispute resolution provisions set out in the Mutual Arbitration Provision will not apply to any disputes for which the parties had actual notice before the date the change was posted on the Site and Services.

21. Mutual Arbitration Provision

21.1. Agreement to Arbitrate

BitWine and you agree to enter into the arbitration agreement contained in this Arbitration Provision. This Arbitration Provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and evidences a transaction involving interstate commerce. This Arbitration Provision applies to any dispute arising out of or related to these Terms and Conditions, your relationship with BitWine or one of its affiliates, successors, subsidiaries, assigns, or parent companies, the termination of that relationship, or any other aspect of your relationship with BitWine or any Affiliate, regardless of such dispute’s date of accrual, and this Arbitration Provision continues in effect after and survives the termination of any relationship between the parties.

21.2. How this Arbitration Provision Applies

Except as otherwise stated below, this Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or a forum other than arbitration, and you and BitWine agree that any legal dispute or controversy covered by this Arbitration Provision, or arising out of, relating to, or concerning the validity, enforceability or breach of this Arbitration Provision, shall be resolved by binding arbitration in accordance with the JAMS Streamlined Arbitration Rules & Procedures (“JAMS Rules”) then in effect, to be held (unless the parties agree in writing otherwise) within 45 miles of where you last provided Services under these Terms and Conditions. The JAMS Rules are available online, free of charge, at www.jamsadr.com, or by searching for “JAMS Streamlined Arbitration Rules” using a service such as www.google.com or www.yahoo.com. If for any reason JAMS will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral arbitrator. If the JAMS Rules are inconsistent with the terms of this Arbitration Provision, the terms of this Arbitration Provision shall govern.

By entering into this Arbitration Provision, you agree to arbitrate disputes with any entity or individual, and waive your right to have such disputes resolved by a trial by a jury or judge, arising out of or related to these Terms and Conditions, background checks, privacy, your relationship with BitWine, the termination of that relationship, trade secrets, unfair competition, compensation, breaks and rest periods, retaliation, discrimination or harassment, defamation, slander and libel, claims arising under the Fair Credit Reporting Act, Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, California Labor Code, California Fair Employment and Housing Act, California Family Rights Act, Affordable Care Act, Genetic Information Non-Discrimination Act, city or state statutes or regulations addressing the same or similar subject matters, and all other federal or state legal claims arising out of or relating to this relationship, including, but not limited to, claims that may be asserted for any post-relationship conduct or time periods, such as defamation or retaliation.

21.3. Limitations on how this Arbitration Provision Applies

This Arbitration Provision does not apply to a representative action brought on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698, et seq., to the extent that such an action can only be brought by the state or its representatives, where any resulting judgment is binding on the state, and where any alleged monetary penalties largely go to state coffers.

This Arbitration Provision also does not apply to claims for workers compensation, state disability insurance, or unemployment insurance benefits.

Either you or BitWine may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy, but only upon the ground that the award to which that party may be entitled may be rendered ineffectual without such relief.

Regardless of any other terms of this Arbitration Provision, a claim may be brought before and remedies awarded by an administrative agency if applicable law permits the agency to prosecute or adjudicate the claim notwithstanding the existence of an agreement to arbitrate that is governed by the Federal Arbitration Act. Nothing in this Arbitration Provision shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration.

This Arbitration Provision also does not apply to disputes between the parties that may not be subject to predispute arbitration agreement provided by an Act of Congress.

21.4. How Arbitration Proceedings are Conducted

In arbitration, the parties will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any d