Terms and Conditions
Revised 23rd November 2017, 9th April 2018, 23rd March 2020, 1st March 2025.
Effective 26 June 2025.
These are the terms under which BitPaper Ltd, a company registered in England(company number 09949476), and whose registered office is at 65 Schomberg House,Page Street, London, England, United Kingdom, SW1P 4BP ("we", "us", "our"), permits you to use the BitPaper platform ("our platform") accessible through https://bitpaper.io ("our website").
Use of our platform
1.
You may use our platform, through your BitPaper user account, for the purpose of accessing, amending, copying or otherwise using a paper. If you have subscribed to any of our plans you may also create papers and/or video calls, but in each case subject to the following restrictions:
For those with user accounts
a)You shall be limited by any usage restrictions that apply to you.
b)You may not disclose your account password to anyone else and you shall take all reasonable steps to ensure that no-one else has access to, or uses, your account password.
c)You may not try to rent or sell your account, or give permission to use your account, to anyone else.
d)You may not sell papers.
For everyone using the platform
a)You may not make available any user content that infringes the rights, including intellectual property rights, of any third party or is otherwise unlawful or criminal in nature.
b)You may not access, amend, copy or otherwise use any paper (including in the form of a derivative work) without ensuring you have the rights required for such use with respect to the other people who have access to the paper.
2.
In making use of our services, you may not do anything which:
a)Is likely to cause any other person alarm, harassment or distress;
b)Is threatening, abusive, harassing, deceptive, or libellous in nature;
c)Is invasive of another user"s privacy;
d)Constitutes unsolicited or unauthorized advertising or promotional material;
e)Impersonates any person or entity, including any employee or representative of Bitpaper Ltd;
f)Take any action that imposes or may impose an unreasonable or disproportionately large load on the Company"s (or its third party providers") infrastructure;
g)Interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
h)Bypass any measures the Company may use to prevent or restrict access to the Service;
i)Use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site;
j)Upload content that contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of us, any user, or any third party;
k)Is otherwise fraudulent, unlawful or criminal in nature.
3.
Irrespective of your plan or lack of one, if you share the URL of a paper with other BitPaper users, the other BitPaper users will be able to access, amend, copy, or otherwise use the paper ("subsequent use"). You are responsible for the subsequent use of other BitPaper users and for imposing any restrictions on such subsequent use necessary to ensure that no third party rights are infringed.
4. We may, in any event:
a)Make modifications to our platform at any time and for any reason, provided that we do not remove substantial functionality;
b)We may remove any user content, at any time and without notice, if we reasonably believe that the user content infringes the rights of any third party or is otherwise inconsistent with the terms of this agreement; and/or
c)Make changes to these terms that are reasonable in the context of the service we provide, for example, in order to comply with any changes in the law, but where these changes involve a change in the fees, you shall have notice in accordance with other terms of this agreement.
Fees and payment (applicable only to those subscribed to plans)
5.All payments will be handled by the payment provider Stripe. We do not store your card details.
6.To subscribe to a paid plan, once you have created an account and logged in, you can either click "Subscribe" on the pricing page (https://bitpaper.io/pricing), or select "Add plan" or "Switch Plan" from within your account (https://bitpaper.io/account). At this point, you will be prompted to agree to these terms.
7.The start date of your plan will be upon confirmation of your plan subscription.
8.You shall pay us the fees monthly in advance, with the first payment to be made on the start date of the plan.
9.All sums due shall be inclusive of VAT and shall be made in U.S. dollar (USD).
10.The monthly billing cycle covers calendar months. If your start date is the 13th day of the current month, subsequent payment dates will be on the 13th day of every subsequent month.
11.You can cancel your plan at any time, by either using the Cancel Plan button in my account, or switching to the free plan. All previously paid for and accrued papers or call minutes will continue to function as normal on the free account until they have been used up.
12.You may change to a different plan at any time by using the switch plan drop down located in the "My Account" section of your BitPaper account. Upgrades and downgrades will take effect immediately. You will be charged at the point of switching plan and the relevant number of papers/call hours will be credited to your account. The monthly billing cycle period will reset to the new start date and any existing papers and calls credits available will be rolled over to the new plan.
13.We may vary the fees at any time by giving you no less than 30 days notice.
14.We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the website.
Refunds
15.You will be eligible for the refund of the payment taken for a particular plan, as long as your request is made in writing to [email protected] within 10 working days from the date the payment was takenn, and as long as none of the papers or call minutes allocated from the plan have been used.
16.We will only consider refunds that are requested more than 10 days after payment was taken if either the charge was clearly made in error by us, or otherwise at our sole discretion having taken into account the circumstances of the refund request.
Intellectual Property
17.Nothing in this agreement shall be interpreted as (i) granting, by implication or otherwise, any licence to use any trademarks, logos and/or other branding materials or (ii) an assignment of any rights (including intellectual property rights).
18.You grant us a limited licence to use (including by displaying to anyone with access in any country from which they have access) all intellectual property contained in user content.
Duration, termination and renewal
19.This agreement shall start on the start date and continue from month to month unless terminated early in accordance with other terms of this agreement.
20.Either party may terminate this agreement by giving notice to the other party at any time. We may terminate the agreement by giving you at least one month"s notice in advance. You may terminate the agreement at any time by deleting your account in the "My Account" section, but we will not refund any part of any monthly payment if you terminate part way through a month. Downgrading to a free plan will not result in termination of this agreement.
21.We may terminate this agreement by giving you notice at any time if:
a)You have committed a material breach of this agreement that is capable of remedy, such termination to take effect within thirty (30) days of us notifying you of the breach (the "notice period") if you do not remedy the breach within the notice period; or
b)We are required to do so by law for any reason, such termination to take effect immediately.
22.We may also suspend your access to our platform at any time by giving you notice with immediate effect if we reasonably believe that:
a)You have used our platform in any way that is contrary to any of the terms of this agreement; or
b)We are required to do so by law for any reason.
Warranties
23.Appendix 1 applies to our processing of user content. To the extent that we process any other personal data, we do so in accordance with https://bitpaper.io/privacy-policy.
24.As user content is contributed by BitPaper users, we have no control over it, and therefore we make no warranty as to:
a)Whether your use of any user content will be lawful;
b)Whether it is accurate, complete or otherwise of any particular quality.
25.Accordingly, we disclaim any liability for the accuracy, completeness, presence or absence of any quality of or in the user content.
26.Any user content may also be withdrawn by the BitPaper users who owns the paper without any warning and without reference to us. We do not promise that any particular user content will be available and we disclaim any liability for the absence of any user content.
27.You warrant that you have the right to upload or otherwise add your user content to our platform.
28.To the extent that you:
a)Access, amend, copy, or otherwise use a paper made available to you through our platform, you warrant that you have the right to carry out such access to, amendment, copying or other use of the paper; and
b)Share the URL of a paper with other BitPaper users through our platform, you warrant that you will put any restrictions on the subsequent use of the paper by the BitPaper users as may be necessary to prevent the infringement of any intellectual property rights of third parties
Limitation of liability
29.Our cumulative maximum liability to you under or in connection with this licence shall, irrespective of the basis of the claim, be capped at an amount equal to the fees paid to us in the preceding 3 month period.
30.We shall not be liable to you for any consequential, indirect or special losses or for any of the following (whether direct or indirect): loss of profit or savings, loss of opportunity or contract, loss of reputation or good will, loss or damage to equipment, loss or corruption of data, loss or corruption of software or systems.
31.But, this agreement does not limit or exclude liability where such limitation or exclusion would not be permitted by applicable law.
Copyright Infringement
32.If you believe that your work has been copied in violation of applicable copyright law and used on BitPaper in a way that constitutes copyright infringement, please provide our Copyright Agent with the information set out below; without this information we will be unable to take action on your request:
33.Your contact information. We need sufficient information to be able to contact you, for example your physical or electronic email address or telephone number.
34.Identification of the copyrighted work that you claim has been infringed. Please include reasonably sufficient details describing the copyrighted work that is claimed to be infringing
35.A description of where the material that you claim is infringing is located on BitPaper. General information about the content is not adequate. Please include reasonably sufficient detail to enable us to identify and locate the work that is claimed to be infringing, including the explicit URL(s) of the exact work(s) and screen-shot(s) of the infringement
36.If you are giving a notification under the United States federal law 17 U.S.C. 512, otherwise known as a Digital Millennium Copyright Act (DMCA) notification, you must agree to and include the following statements:
a)"I have a good faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law."
b)"The information in this notification is accurate, and under penalty of perjury, I am the owner, or an agent authorised to act on behalf of its owner, of an exclusive right that is allegedly infringed."
c)An electronic or physical signature of a person authorised to act on behalf of the owner of the copyright interest.
If you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Bitpaper Limited"s DMCA Registration number is: DMCA-1033706.
37.We will review all claims of copyright infringement received and remove any content where we discover that it has been posted or distributed in violation of any copyright law. If you feel that content has been taken down inappropriately please contact our Copyright Agent who will provide information on the requirements and procedure for filing a counter-notification with us.
38.Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:
Attn: Legal Department
BitPaper Limited
65 Schomberg House
Page Street London
SW1P 4BP
UK
Email: [email protected]
39.BitPaper has adopted the following policy toward copyright infringement on BitPaper in accordance with the Digital Millennium Copyright Act (the "DMCA") and equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content. It is our policy to terminate account privileges of any user who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner's legal agent.
Notices
40.All notices must be written in English and sent by email. Notices are deemed received when the receiving server returns a success code. Our email is [email protected]. Your email is the latest one registered to your BitPaper account.
Law and Jurisdiction
41.This agreement is governed by English law. The courts of England and Wales shall have jurisdiction over any disputes.
Definitions
In this agreement, "controller", "personal data", "processing" have the same meaning as in the EU General Data Protection Regulation, or, if it is no longer in force in the United Kingdom, the law replacing it in the United Kingdom.
In this agreement, the following words shall have the following meanings set out below:
Platform: means the BitPaper services as accessible through https://bitpaper.io;
User content: means anything that any user contributes or creates using our platform;
Subsequent use: means the accessing, amendment, copying or other use by a second BitPaper user of a paper created by a first BitPaper user;
Paper: the content uploaded or otherwise added to a URL created through our platform;
Plan: means any of our subscription plans. subscriptions as advertised at https://bitpaper.io/pricing ;
Free account: means a BitPaper account which (i) is available free of charge (ii) allows a BitPaper user to access, amend, copy or otherwise use papers (including papers previously created by the user while the user was on one of our plans);
Start date: means the date on which you subscribe to a plan;
Copyright Agent: means our "Designated Agent" for the purposes of 17 U.S.C. 512, whose contact details are set out above under the heading "Copyright Infringement";
Intellectual property rights: means any property right capable of subsisting in the user content under whichever law of property is applicable as the case may be;
Notice period: the amount of time you have available to remedy a material breach of this agreement as specified in a notice we send you in which we notify you of the breach;
Appendix 1
Data Protection
Definitions
For the purposes of this Appendix, you shall be the "controller" (given you decide what user content you make available through our platform) and we shall be the "processor" (given we only provide the platform through which user content is made available to BitPaper users).
Obligations of the Processor
1.In processing any personal data under this agreement, the processor shall:
a.Nature and purpose of processing: only process personal data for the purposes of delivering the processing activities specified in this Appendix;
b.Confidentiality: ensure that only employees, agents, contractors or sub-contractors who need to have access to the personal data are granted access to it and only for the purposes of the performance of this agreement and that such employees, agents, contractors or sub-contractors are bound by obligations of confidentiality, are subject to an appropriate data protection policy and have undergone adequate data protection training;
c.Security: ensure that it does so in compliance with its Information Security Policy and that such policy is adequate to ensure compliance with GDPR. The processor will conduct an annual Information Security Audit in line with the British Regulations to demonstrate to the controller that it has in place appropriate technical and organisational measures to meet the requirements of the GDPR;
d.Assistance on Compliance Requirements: taking into account the nature of the processing activities and the information available to the processor, assist the controller in ensuring compliance with the controller"s obligations under Articles 32 to 36 of the GDPR with respect to security, breach notifications, data protection impact assessments and consultations with supervisory authorities or regulators; and
e.Duty to Inform: promptly inform the controller if any personal data becomes subject to confiscation during bankruptcy or insolvency proceedings or similar measures by any third party. The processor will notify all relevant parties in any such action that any and all personal data is the controller"s property and area of responsibility.
Data subject requests
2.If the controller:
a.receives from a data subject a request for exercising any of the rights of that data subject under Chapter III of the GDPR (each a "data subject request"), the processor shall assist the controller in the fulfillment of the controller"s obligation to respond to the data subject request, in so far as this is possible to do so and taking into account the nature of the processing activities carried out by the processor.
b.receives a data subject request for exercising the right to erasure of that data subject under Article 17 of the GDPR, (i) the controller shall promptly inform the processor that the processor has received such a data subject request and (ii) the processor shall, without undue delay and to the extent that one of the grounds of Article 17 of the GDPR applies, delete all such personal data of that data subject from its systems and confirm in writing to the controller that it has done so.
Data breach
3.If a personal data breach occurs, or the processor suspects that a personal data breach may have occurred, then the processor shall:
a.promptly notify the controller providing details of the personal data breach;
b.provide the controller with sufficient information to allow the controller to meet any obligations to report the personal data breach to the relevant supervisory authority or inform the affected data subject of the personal data breach; and
c.co-operate with the controller in respect of the investigation, mitigation and remediation of each such personal data breach.
Records and reports
4.The processor shall:
a.keep at its principal place of business, appropriate records and supporting documentation to demonstrate compliance with its obligations under this agreement in respect of its processing of personal data;
b.on the controller"s reasonable written request, provide to the controller a confidential report to enable the controller to verify the processor"s compliance with its obligations under this agreement in respect of its processing of personal data. The processor shall only be required to provide one report in any year. Any report provided to the controller under this paragraph b) is the processor"s confidential information and is governed by the confidentiality provisions of this agreement; and
c.promptly comply (where possible) with any reasonable request from the controller to amend, transfer, delete or otherwise deal with the personal data.
Audit rights
5.The processor shall, at the controller"s expense, make available for inspection by the controller all information necessary for the controller to determine whether the processor has complied with its obligations under this agreement. Any such inspection shall be carried out by the controller during normal business hours and on reasonable prior written notice to the processor.
Third party processors
6.The processor shall not engage a sub-processor to carry out any processing activities on behalf of the controller without the prior written consent of the controller, such consent not to be reasonably withheld. Where the controller provides such consent, and before transferring any personal data to the sub-processor, the processor will enter into a separate written agreement with the sub-processor that incorporates terms which are substantially similar to the terms of this Appendix and which in any event meet the requirements of Article 28 (3) of the GDPR.
7.The controller nominates the processor as its representative for the purposes of selecting an auditor to carry out on a sub-processor an audit or other inspection that is permitted under Article 28(3)(h).
8.In any event, where the sub-processor fails to fulfil its data protection obligation, the processor shall remain fully liable to the controller for the performance of the obligations of the sub-processor.
Obligations of the processor
9.The controller shall be responsible for reviewing the information it requests from the processor for the purpose of determining whether the processing of personal data by the processor meets the controller"s requirements and is compliant with the controller"s obligations under the GDPR.
10.The controller warrants that:
a.it will, in accordance with the GDPR, implement appropriate technical and organisational measures in respect of the personal data sent to the processor and;
b.any personal data provided to the processor by the controller does not enable the processor to identify a data subject without further information being provided to the processor by the controller.
Duration and Termination of Processing
11.The processing of any personal data shall:
a.continue whilst this agreement remains in force; and
b.cease upon the termination of this agreement for any reason.
Nature of the processing
12.You are primarily responsible for defining the nature of the processing, but we anticipate, in the absence of further instructions from you that it will follow the following pattern:
a.Type of personal data provided by the controller and stored by the processor: Any personal data that happens to be contained in user content;
b.The data subjects are: any identifiable individual to whom that personal data relates;
c.Special categories of personal data: any special category of personal data that happens to be in the user content;
d.Processing activities: the creation, editing and deletion of user content for the purpose of education or collaboration.
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