Terms of Service

These Terms of Use ("Terms") govern your access to and use of our Services, including our various websites, email notifications and commerce services (the "Service"), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content").

1. Basic description of the Service

bitgab is a web-based service that connects language learners and teachers from all over the world. Students can do exercises and start video conversations in the browser (“Gabs") with other students or teachers to answer their questions or practice their conversation skills.

Starting a Gab will make the participants appear in the same room where they can talk to each other with voice and text chat and see each other with transmitted video. Video and sound communicated in bitgab is only seen by the people who are present in a room at the time the content is communicated. There is no need to install any software or plugins to use bitgab.

When you click on “Gab with another student" you will enter an open room, which means that you will be either joining a user who previously created another open room or will be joined by the next user who clicks to join this type of room.

When starting a Gab with a friend, a native speaker or a teacher you will be sending a specific user an invitation to join you in a private room, which no one else can join. It is up to the recipient to accept or decline the invitation to start the Gab.

2. Privacy

Any information that you or other users provide to bitgab is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the following collection and use (as set forth in the Privacy Policy) of this information. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving.

3. Security and passwords

All communication between your browser and bitgab is transmitted over an encrypted connection (SSL). Video and audio transmitted in the service is sent directly between the participants in a Gab and is encrypted (SRTP) with client-generated encryption keys. In some cases, due to NAT/firewall restrictions, the encrypted data will be relayed through our server.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

4. Content on the Services

All user Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the user Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, Content that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content generated or made available via the Service.

5. Rights to Content and License to use the Services

You retain your rights to any Content you submit, post or display on or through the Service. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to process such Content in any way necessary to perform the Service. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

We give you a personal, limited, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the software that is provided to you by us as part of the Service for your personal use. This license is for the sole purpose of enabling you to use the Service as provided by us, subject to these Terms.

6. Restrictions on Content and Use of the Service

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate the ability to participate in Gabs. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Service, our internal computer systems including technical delivery systems of our subcontractors used to provide the Service; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, unless you have been specifically allowed to do so in a separate agreement with bitgab; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service or its users.

The Service is for legitimate individual use only. We reserve the right to terminate our relationship with you, or suspend your access to the Service immediately without prior notice, at our sole discretion, and without liability to you if it is deemed by us that you are using your subscription contrary to these Terms. We will make reasonable efforts to notify you of improper usage before suspension or termination of your subscription.

We reserve the right to report illegal activity to applicable Authorities.

7. Commerce Terms

If you use commerce features of the Services that require credit or debit card or any other payment information, such as the “Gab with teachers", you agree to the following Commerce Terms.

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by uses of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred.

You may cancel your bitgab account at any time; however, there are no refunds for cancellation. To the fullest extent permitted by law, refunds (if any) are at our discretion and only in the form of credit for our Services. In the event that bitgab suspends or terminates your account or these Terms, you understand and agree that you shall receive no refunds. Any outstanding balance on your account becomes immediately due and payable upon termination of these Terms for any reason.

Nothing in these Terms obligates us to extend credit to you or any third party. You acknowledge and agree that any credit or debit card and related billing and payment information that you provide to us may be shared by us with companies who work on our behalf, such as third-party payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to us and servicing your account. We may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. We shall not be liable for any use or disclosure of such information by such third parties. We reserve the right to discontinue the provision of our Services to you for any late payments.

8. Limitations of Liability

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS" and “AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, bitgab disclaims all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement.

bitgab makes no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from bitgab or through the Services, will create any warranty or representation not expressly made herein.

The Services may contain links to third-party websites or resources. You acknowledge and agree that bitgab is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by bitgab of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

To the maximum extent permitted by applicable law, bitgab shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the services; or (iv) unauthorized access, use or alteration of your transmissions or content.

Under no circumstances will the total liability of us and our suppliers and licensors of all kinds arising out of or related to your use of the Services and Content (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the amounts, if any, that you have paid to us for your use of the Services and Content in the past 6 months.

The limitations of this section shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not bitgab has been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

9. Entire Agreement

These Terms are the entire and exclusive agreement between us and you regarding the Services (excluding any services for which you have a separate agreement with us).

The Services that bitgab provides are always evolving and the form and nature of the Services that bitgab provides may change from time to time without prior notice to you. In addition, bitgab may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

We may revise these Terms from time to time, the most current version will always be at https://www.bitgab.com/en/terms. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

Effective: March 14th, 2016