SECTION 20. ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE AND ALL TERMS
INCLUDED BY REFERENCE. IF YOU DO NOT AGREE TO ALL TERMS, DO NOT ACCEPT OR USE OUR SERVICES.
These Terms of Service and any terms expressly incorporated here in ("Terms") apply to your access to and
use of any service provided by 14Bit, LLC ("14Bit", "us"), including but not limited to our localized sites
at www.14Bit.com (the "Site") and mobile applications, our hosted Wallet services and the exchange services
provided by us as described in these Terms (collectively, the "Services"). These Terms do not in any way
alter the terms or conditions of any other agreement you may have with 14Bit for products, services or
otherwise. If you are using the Services on behalf of any entity, you represent and warrant that (a) this
legal entity is properly organized and valid in accordance with the applicable laws of the jurisdiction of
your organization and (b) you are authorized to accept these Terms on behalf of that entity and that entity
agrees to be responsible to us if you breach these Terms. 14Bit reserves the right to change or modify these
Terms at any time and in our sole discretion. If 14Bit makes changes to these Terms, we will notify those
changes, for example by sending a notification, notifying the Services and / or updating the "Last Update"
date at the top of these Terms. Your continued use of the Services will confirm your acceptance of the
revised Terms. If you do not agree to the changed Terms, you must stop using the Services. We recommend that
you revise the Terms frequently to ensure that you understand the terms and conditions that apply to your
access to and use of the Services. If you have any questions about using the Site, please contact
Capitalized terms not otherwise defined in these Terms shall have the following meanings: "14Bit
Account" means a user account accessible through the Services where the Virtual Currency can be stored by
14Bit on behalf of a user. "Virtual currency" means bitcoin, winco, ethereum and other virtual currency that
can be exchanged through Services. "External Virtual Currency Address" means any virtual currency address or
account that you own or use, which is maintained outside the Services, and is not owned, controlled or
operated by 14Bit. "Hosted Wallet" means a virtual currency wallet, hosted and controlled by 14Bit, that you
use to store the virtual currency associated with your 14Bit Account. You can send the Virtual Currency to
and from this wallet and from and to external virtual currency addresses.
2. ELIGIBILITY, REGISTRATION AND ACCOUNT
2.1 Eligibility. 14Bit may not make all Services available in all markets and jurisdictions and may
restrict or prohibit the use of all or part of the Services in certain states, territories, countries or
jurisdictions ("Restricted Sites"). At this time, it has no restricted places. The Services are intended
exclusively for users 18 years of age or older. You represent and warrant that you: (a) have legal age to
enter into a binding contract (at least 18 years); (b) have not previously been suspended or removed from
the use of our Services; (c) has full power and authority to enter into this agreement and in so doing will
not violate any other agreement to which you are a party; (d) are not located, under the control of, or a
national or resident of (i) any Restricted Sites; (e) you will not use our Services if the applicable laws
of your country prevent you in accordance with these Terms.
2.2 Number of accounts 14Bit. 14Bit may, in its sole discretion, limit the number of 14Bit Accounts that
you may store, maintain or acquire.
2.3 Account Information and Security 14Bit. To engage in foreign exchange transactions through the
Services, you must create a 14Bit Account and provide all the required information we request. By creating a
14Bit Account, you agree to: (a) create a strong password that you do not use for any other site or online
service; (b) provide accurate and truthful information; (c) promptly maintain and update your 14Bit Account
information; (d) maintain the security of your 14Bit Account by protecting your password and restricting
access to your 14Bit Account; (e) notify us immediately if you discover or suspect any security breach
related to your 14Bit Account; and (f) assume responsibility for all activities that occur under your 14Bit
Account and accept all risks of any authorized or unauthorized access to your 14Bit Account.
4. YOUR GENERAL OBLIGATIONS TO USE THE SERVICES
4.1 Conditions and Restrictions. We may, at any time and in our sole discretion, refuse any exchange
transaction or exchange offer sent through the Services, impose limits on the exchange value allowed by the
Services or impose any other conditions or restrictions on your use of the Services, without notice prior.
For example, we may limit the number of open orders that you may establish through the Services, or we may
restrict the exchanges of certain locations.
4.2 Accuracy of Information. You must provide any necessary information when creating a 14Bit Account or
when prompted by any screen displayed on the Services. You represent and warrant that all information
provided by the Services is accurate and complete.
4.3 Cancellations. You can only cancel a request initiated through Services if that cancellation occurs
before executing the transaction. Once your order has been executed, you cannot change, withdraw, or cancel
your authorization so that we can complete this transaction. If any order has been partially filled out, you
can cancel the completed remainder of this order at any time. We reserve the right to refuse any
cancellation request associated with a market request once you have submitted such a request.
4.4 Insufficient funds. If you have an insufficient amount of Virtual Currency in your Hosted Wallet to
complete an order through the Services, we may cancel the order in full or you may comply with a partial
order using the amount of Virtual Currency currently available in your Hosted Wallet, less fees due for
14Bit in connection with the execution of the exchange (as described in Section 8 below).
4.5 Taxes. It is your responsibility to determine what, if any, taxes apply to the exchange transactions
you conclude through the Services, and it is your responsibility to inform and remit the correct tax to the
appropriate taxing authority. You agree that we are not responsible for determining whether taxes apply to
your dealings or to collect, report, retain, or remit any taxes arising from any negotiation.
4.6 Availability of the market. 14Bit may open or close any market for a virtual currency on the site at
any time in its sole discretion. If a market for a particular virtual currency is closed, any open orders
you may have for that Virtual Currency will be credited back to your 14Bit Account.
4.7 Availability of currency. 14Bit reserves the right, in its sole discretion, to include a virtual
currency on the site and may remove any virtual currency from the site at any time for any reason. Unless
required by law or law enforcement, 14Bit will make reasonable efforts to notify you of the probable removal
of a virtual currency. If the market for a Virtual Currency is closed on the Site, you will have 14 days to
push the remaining values of your 14Bit Account associated with that Virtual Currency to your Foreign
Virtual Currency Address. 14Bit shall not be liable for any losses, liabilities or expenses related to the
removal of a Virtual Currency.
5. ACCOUNT 14BIT
5.1 Crediting Your Account 14Bit. To complete a trade through Services (as described in Section 6), you
must first load the Virtual Currency in your Hosted Wallet. You may be required to verify that you control
the external virtual currency address that you use to carry virtual currencies in your Hosted Wallet.
5.2 Send virtual currency to an external virtual currency address. Provided that the balance of the
Virtual Currency in your 14Bit Account is greater than any minimum balance requirement required to satisfy
any of your open positions, you may send any amount of Virtual Currency up to the total amount of the
Virtual Currency in your 14Bit Account in excess of such minimum balance requirements from your hosted
Wallet to an external virtual currency address minus the fees charged by 14Bit for such transactions (as
described in the Fee Schedule (as defined in Section 8) at the time of your request to push the Virtual
Currency to an external virtual currency address). You are solely responsible for the accuracy of the
external virtual currency address that you provide,
5.3 Authorization of charge / dispatch. When you request that we send the virtual currency to your
external virtual currency address from your 14Bit Account, you authorize 14Bit to execute this transaction
using your Wallet hosted through the Services.
6. TRADE AND BUSINESS ORDERS
6.1 Authorization. When you submit a new exchange order through the Services, you authorize us to
execute a transaction in accordance with that request, and charge you applicable fees (as described in
Section 8 below).
6.2 Independent relationship. You agree that: (a) we are not acting as your broker, intermediary, agent
or adviser, or in any fiduciary capacity, and (b) no communication or information provided by us should be
construed or construed as advice.
6.3 Trade Confirmation. Before a trade is placed, a confirmation dialog summarizes the details of the
proposed transaction, including the number of currencies you are trying to buy or sell, the price, the
applicable fees, and the total cost of the transaction. Once the Services execute your foreign exchange
transaction, the order book of your account will be updated with the order opened or a closed order that has
been fulfilled. You agree that failure to provide such confirmation will not prejudice or invalidate the
terms of this trade.
6.4 The volatility of the market. You agree that we are not responsible for any fluctuation of prices
in the Virtual Currency. In the event of a market disruption or Force Majeure Event (as defined in Section
22.3), we may do one or more of the following: (a) suspend access to the Services; or (b) prevent you from
completing any action through the Services, including termination of any open position. We will not be
liable for any losses incurred by you resulting from such actions. Following any event, when exchange
transactions resume, you acknowledge that the prevailing market rates may differ significantly from the
rates available prior to that event.
6.5 Currency Settlement. Subject to the terms and conditions of these Terms, we will use commercially
reasonable efforts to settle the on-the-spot negotiations within two days from the date users agreed to
perform a trade-in through the Services.
7. RISK DISCLOSURE
There are risks associated with using an Internet-based trading system, including, but not limited to,
hardware, software, and Internet connections. You agree that we should not be liable for any failures,
interruptions, errors, distortions or delays in communication that you may experience when negotiating
through the Services, however caused.
8.1 Amount of fees. You agree to pay 14Bit the rates of trades made through our Services ("Fees"), made
available through the tariff schedule at www.14Bit.com/fees ("Rates Table"), which we can change from time
to time. times. Any change in the rate schedule shall take effect as of the expiration of that reporting
period. The revised Rate Schedule will be applied prospectively to any trade occurring following the
effective date of this revised Rate Schedule.
8.2 Payment of fees. You authorize us, or our designated payment processor, to collect or deduct funds
from your Hosted Wallet for any applicable fees due in connection with the exchange / trade transactions you
conclude through the Services.
9. ELECTRONIC NOTICES
9.1 Consent for electronic delivery. You agree to electronically receive all communications, agreements,
documents, receipts, notices and disclosures (collectively, "Communications") that 14Bit provides in
connection with your 14Bit Account, Hosted Wallet and / or use of the Services. You agree that 14Bit may
provide these Communications to you by posting them through the Services by sending them by email to you at
the email address you provide and / or by sending SMS or text message to a cell phone number provided. The
normal information, messages, data and other fees and charges may apply to any mobile communications. You
must keep copies of electronic communications, printing a paper copy or saving an electronic copy. You may
also contact us at support@14Bit.com to request additional electronic copies of Communications or, at a
rate, paper copies of Communications (as described below).
9.2 Hardware and software requirements. To access and retain electronic communications, you will need a
computer with an Internet connection that has a current Web browser with cookies enabled and 128-bit
encryption. You also need to have a valid e-mail address in the file with 14Bit and have enough storage
space to save past communications or an installed printer to print them.
9.3 Withdrawal of consent. You may withdraw your consent to receive electronic communications by sending
a withdrawal notice to support@14Bit.com. If you refuse or withdraw consent to receive electronic
communications, 14Bit may suspend or terminate your use of the Services.
9.4 Requesting copies of paper. If, after consenting to receive communications electronically, you would
like a paper copy of a communication that we have previously sent you, you may request a copy within 30 days
of the date we provide the communication to you, contacting us at support @ 14Bit.com. In order for us to
send paper copies to you, you must have a current street address in the file with 14Bit. Please note that
our Services operate exclusively online and it is very costly for us to produce paper copies of
Communications. Therefore, if you request paper copies, you agree that we may charge a processing fee in the
amount described in the fee schedule at www.14Bit.com/fees for each requested page of communication.
9.5 Updating Contact Information. It is your responsibility to keep your e-mail address and / or cell
phone number in the file with 14Bit updated so that 14Bit can communicate with you electronically. If you
send an electronic communication, but you do not receive because your email address or mobile number on file
is incorrect, outdated, blocked by your service provider, or you cannot receive electronic communications,
we will be considering not communication. Please note that if you use a spam filter that blocks or forwards
mail from senders not listed in your email address book, you must add 14Bit to your email address book to
that you can receive the Communications we send you. You can update your email address, mobile phone number,
or street address at any time by logging in to your 14Bit Account or sending this information to
support@14Bit.com. If your email address or mobile phone number becomes invalid so that the electronic
communications sent by you are returned, we may consider that your account is inactive, and you may not be
able to complete any transaction through our Services until we receive a validity by working on your email
address or cell phone number.
10. NON-CLAIMED PROPERTY
If, for any reason, 14Bit is holding virtual currencies in your wallet hosted on your behalf and we
cannot return your virtual currency to your designated external virtual currency address after a period of
inactivity, then we may denounce and remit that virtual currency of applicable state unclaimed property
11. ACCEPTABLE USE
By accessing or using the Services, you agree not to violate any law, contract, intellectual property or
other right of a third party, or to commit a crime, and that you are solely responsible for your conduct
while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
• Use our Services in any way that may interfere, interrupt, adversely affect or prevent other users
from fully enjoying our Services, or that may damage, disable, overburden, or impair the functioning of our
Services in any way;
• Use our Services to pay, support or engage in any illegal gambling activity; fraud; money laundry; or
terrorist activities; or other illegal activities;
• Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to
access our Services or to extract data;
• Use or attempt to use another user's account without authorization;
• Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or
area of our Services that you are not authorized to access;
• Introduce to the Services any malware, viruses, trojan worms, logic bombs or other harmful materials;
• Develop any third-party applications that interact with our Services without our prior written
consent, or unless otherwise agreed;
• Provide false, inaccurate or misleading information;
• Post content or communications that are in our sole discretion, libelous, defamatory, profane,
obscene, pornographic, sexually explicit, indecent, obscene, vulgar, suggestive, harassing, hateful,
threatening, offensive, discriminatory, intolerant, abusive, inflammatory, fraudulent, misleading or
• Publish content containing unsolicited promotions, political campaign or commercial messages (SPAM)
or any chain of messages or user content designed to deceive or deceive users of the Service;
• Publish content containing third-party private information, including, but not limited to, addresses,
phone numbers, e-mail addresses, Social Security numbers, and credit card numbers; and
• Encourage or induce any third party to engage in any of the activities prohibited by this Section.
We will own exclusive rights, including all intellectual property rights, for any comments, suggestions,
ideas or other information or materials about 14Bit or our Services that you provide, either by email,
posting through our Services, or other form ("Feedback"). Any comments you submit are not confidential and
will become the exclusive property of 14Bit. We will have the right to unrestricted use and disclosure of
such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You
waive any rights you may have to the Feedback (including copyrights or moral rights). Do not send us
feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be
great, but maybe we already have the same idea or similar and we do not want disputes. We also have the
right to disclose your identity to third parties who claim that any content posted constitutes a violation
of your intellectual property rights or your right to privacy. We have the right to remove any posting you
post on our site if, in our opinion, your posting does not meet the requirements set forth in this Section
12 or Section 11 (Acceptable Use). Further, you agree not to post any comments that are defamatory, illegal,
offensive or in violation of any third party right, or violate any agreement between you and any third
A user may inform 14Bit of any comments he or she believes violate these Terms, and 14Bit may remove
Feedback from the Site, suspend or terminate the account of the user who submitted the Feedback and / or
take any further action to enforce these Terms Terms against this user.
In addition, pursuant to the Digital Millennium Copyright Act (DMCA) and other applicable laws, 14Bit
has adopted a policy of termination, in appropriate circumstances and at our discretion, of account holders
who are deemed to be repeat infringers. We may also, in our sole discretion, limit access to the Services
and terminate the accounts of any user who violates any third party intellectual property rights, whether or
not there is a repeated breach.
If you believe that anything in the Services, including any Feedback, infringes upon the copyrights you
own or control, you may submit a notice with the 14Bit Designated Agent as set forth below:
Designated Agent: Rodrigo Cremer
Designated Agent Email Address: bill@14Bit.com
Refer to the rules and laws for proper notification requirements. If you knowingly misrepresent that
any material or activity is infringing, you may be liable for any damages, including costs and attorney
fees, 14Bit or the alleged infringer incurs because we invoke the false declaration by removing or disabling
access to the material or activity.
13. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
Unless otherwise noted, all copyrights and other intellectual property rights in all content and other
materials contained on our site or provided in connection with the Services, including, without limitation,
the 14Bit logo and all drawings, text, graphics , images, information, data, software, sound files, other
files and their selection and arrangement (collectively, "14Bit Materials") are the exclusive property of
14Bit or our licensors or suppliers and are protected by copyright laws Brazil and international and other
laws and intellectual property rights.
We grant you a limited, non-exclusive, non-assignable, non-sublicensable license to access and use the
14Bit Materials for your personal or internal commercial use. This license is subject to these Terms and
does not permit (a) any resale of the 14Bit Materials; (b) distribution, public performance or public
display of any material 14Bit; (c) any modification or other elaboration of any derivative use of the 14Bit
Materials, or any part thereof; or (d) any use of the 14Bit Materials other than for the intended purpose.
The license granted under this Section will automatically terminate if we suspend or terminate your access
to the Services.
"14Bit", the 14Bit logo, and other names or logos of 14Bit products or services that may appear on our
Services are registered trademarks of 14Bit in Brazil and in other countries and may not be copied,
immitated or used in whole or in part, without our prior written consent. You must not use any trademark,
product, or service name of 14Bit without our prior written permission, including, without limitation, any
meta tags or other "hidden text" that uses any trademark, product or service name of 14Bit. In addition, the
appearance of our Services, including all page headers, custom graphics, button icons, and scripts, is the
service mark, trademark and / or trade dress of 14Bit and may not be copied, imitated, or used, in whole or
in part, without our prior written consent. All other trademarks, registered trademarks, product names and
company names or logos referenced through our Services are the property of their respective owners.
Reference to any products, services, processes or other information by name, trademark, manufacturer,
supplier or otherwise does not constitute or imply endorsement, endorsement or recommendation by us.
15. THIRD PARTY CONTENT
By using our Services, you may view content provided by third parties ("Third Party Content"). We do
not control, endorse or adopt any Third Party Content and will not be responsible for Third Party Content,
including, without limitation, material that may be misleading, incomplete, inaccurate, offensive, indecent
or otherwise objectionable. In addition, your business relationships or correspondence with such third
parties are solely between you and the third parties. We are not responsible for any loss or damage of any
kind incurred as a result of such transactions, and you understand that your use of Third Party Content and
your interactions with third parties are at your own risk.
16. SUSPENSION; TERMINATION; DESCONTINUITY OF SERVICES
In the event of any Force Majeure Event (as defined in Section 22.3), breach of these Terms or any other
event that would make provision of the Services commercially unreasonable for 14Bit, we may, in our sole
discretion and without liability to you, with or without notice suspension of access to all or a portion of
our Services. We may terminate your access to the Services at our sole discretion, immediately and without
notice, and delete or disable your 14Bit Account and all related information and files in that account
without liability to you, including, for example, if you breach any term of these Terms. In the event of
termination, we will attempt to return any virtual currency stored in your Hosted Wallet. In addition, we
may, in our sole discretion and without liability to you, with or without notice and at any time, modify or
discontinue, temporarily or permanently, any part of our Services.
17. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED TO CONTRACT ON A
WRITTEN BY US, OUR SERVICES AND MATERIALS ON THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND EXCLUDE US
EXPRESSLY, AND YOU DISCLAIM , ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT AS OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND THE 14BIT CONTENT CONTAINED WITHIN
. 14BIT DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THE SITE OR SERVICES WILL BE ACCURATE, COMPLETE,
RELIABLE, CURRENT OR ERROR-FREE.
YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BE LOST OR ERROR, OR
TEMPORARILY NOT AVAILABLE FOR CHANGE OF CAUSES, INCLUDING SOFTWARE, VIRUSES OR OTHER HARMFUL MATERIALS,
PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET INTERRUPTIONS, EVENT OF MAJOR FORCE OR OTHER DISASTERS,
PROGRAMMED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES, WITH OR WITHOUT OUR CONTROL. YOU ARE SOLELY
RESPONSIBLE FOR STORING AND MAINTAINING A DUPLICATED COPY OF ANY INFORMATION THAT YOU STORE OR TRANSFER
THROUGH OUR SERVICES.
Some jurisdictions do not allow the waiver of terms implied in consumer contracts, so some or all of
the exemptions in this section may not apply to you.
You agree to defend, indemnify, and hold harmless 14Bit and our affiliates, independent contractors and
service providers and each of our respective officers, directors, officers, employees, agents and affiliates
(collectively, "Indemnified Parties") from and against any and all claims, loss, cost, or expense,
including, without limitation, reasonable attorneys' fees, arising out of or relating to (a) your use or
conduct in connection with our Services; (b) any comments you provide; (c) your violation of these Terms; or
(d) your violation of any rights of any other person or entity. If you are required to indemnify us, we
shall have the right, in our sole discretion, to control any action or proceeding and determine whether we
wish to liquidate it and, if so, under which terms.
19. LIMITATION OF LIABILITY
THE INDEMNIFIED PARTIES SHALL HAVE NO LIABILITY, AND YOU ARE EXEMPTING THE INDEMNIFIED PARTIES FROM, ALL
DAMAGES, COSTS AND LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE 14BIT
SERVICES OR MATERIALS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, ECONOMIC,
SPECIAL OR PUNITIVE DAMAGES OR DAMAGES FOR LOSS OF DATA, EVEN IF AN INDEMNIFIED PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE INDEMNIFIED PARTIES,
WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY,
STRICT LIABILITY OR FEES PAID BY YOU TO 14BIT during the 12 months immediately preceding the date from any
claim to that liability. The prior notice of warranties, waiver of certain damages and limitation of
liability shall be applied to the maximum extent permitted by applicable law. The laws of some states or
jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of certain
damages. To the extent these laws apply to these Terms, the exclusions and limitations set forth above may
not apply to you.
20. DISPUTE RESOLUTION
PLEASE READ CAREFULLY THE FOLLOWING PARAGRAPH BECAUSE IT REQUIRES YOU TO ARBITRATE CONTROVERS WITH THE
14BIT AND LIMITS THE WAY IN WHICH YOU MAY SEEK 14BIT AID.
(a) You and 14Bit agree to arbitrate any dispute arising out of these Terms or the use of the 14Bit
Services or Materials that cannot be settled informally, including personal injury disputes, except that you
and 14Bit are not required to arbitrate any dispute on that the party seeks equitable and / or other relief
because of the alleged illegal use of copyrights, trademarks, trade names, logos, trade secrets or patents.
THE ARBITRATION PREVENTS YOU TO OPEN A COURT PROCESS OR A JURY DEMAND.
(b) You and 14Bit agree to: (i) attempt informal settlement prior to any arbitration request; (ii) that
any arbitration shall take place in Itatiba, São Paulo; and (iii) that the arbitration shall be conducted
confidentially by a single arbitrator, in accordance with the rules of Judicial Arbitration and Mediation
Services, then in force. In addition to the class procedures and remedies discussed below, the arbitrator
has authority to grant any remedy that would otherwise be available in court. WHETHER DISPUTE EITHER
ARBITRATION OR IN COURT, YOU AND 14BIT SHALL NOT BEGIN AN ACTION AGAINST ANY OTHER ACTION, CLAUSE
ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEDURE.
21. APPLICABLE LAW
14Bit is based in Brazil and our Services are subject to Brazilian law. We make no representations or
warranties that the Services or Materials of 14Bit are appropriate or available for use in other locations.
If you choose to access or use the 14Bit Services and Materials from locations outside of Brazil, you do so
at your own risk and are responsible for compliance with all applicable laws, rules and regulations.
The laws of Brazil, excluding its rules of conflict of laws, govern your access to and use of the
Services and Materials of 14Bit. Your access to and use of the 14Bit Services and Materials may also be
subject to other local, state, national, or international laws. To the extent that the arbitration provision
in Section 20 does not apply, you agree that all disputes arising out of these Terms that cannot be settled
through informal negotiation will be settled exclusively in the District Court of Brazil for the State of
São Paulo or a court located in the state of São Paulo, and you agree to submit to the personal jurisdiction
of such courts for the adjudication of all such claims.
22.1 Not renouncing. Our failure or delay in exercising any right, power or privilege under these Terms
will not function as a waiver.
22.2 Severability. The invalidity or unenforceability of any of these Terms shall not affect the
validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
22.3 Force Majeure Events. We will not be liable for (a) any inaccuracy, error, delay or omission of
(i) any information, or (ii) transmission or delivery of information; or (b) any loss or damage arising from
any event beyond our reasonable control, including, but not limited to, floods, extraordinary weather
conditions, earthquakes or other acts of God, fire, war, insurrection, riot, labor dispute, accident,
communications, power failure or malfunction of the equipment or software, or any other cause beyond our
reasonable control (each, "Force Majeure Event").
22.4 Allocation. You may not assign or transfer any of your rights or obligations under these Terms
without our prior written consent and to us, including by law or in connection with any change of control.
We may assign or transfer any or all of your rights under these Terms, in whole or in part, without
obtaining your consent or approval.
22.5 Headers. Sections titles are for convenience only and should not be used to limit or interpret
22.6 Survival. Sections 2 (Eligibility), 5 (Account 14Bit), 7 (Disclosure of Risk), 8 (Fees), 10
(Unclaimed Property), 12 (Feedback), 13 (Copyright, 14 Third Party Content), 17 (Disclaimer of Warranties),
18 (Indemnity), 19 (Limitation of Liability), 20 (Dispute Resolution), 21 (Applicable Law), and this Section
22 (Miscellaneous) shall survive any termination or expiration of these Terms.
22.7 Full agreement; Order of Precedence. These Terms contain the entire agreement and supersede all
prior and contemporaneous understandings between the parties about the Services. These Terms do not change
the terms or conditions of any other electronic or written agreement you may have with 14Bit for the
Services or for any other 14Bit product or service or otherwise. In the event of any conflict between these
Terms and any other agreement you may have with 14Bit, the terms of this other agreement will only be
controlled if these Terms are specifically identified and declared to be void by such other agreement.