top of page

Bixeler User Agreement

Effective March 15, 2024. Last Revised March 15, 2024

​

Welcome to Bixeler! This User Agreement ("Terms") outlines the conditions for your access and use of Bixeler's websites, mobile apps, APIs, and other online services (collectively, the "Services").

By using Bixeler, you agree to these Terms. If you disagree, you cannot access or use the platform.

1. Eligibility

Bixeler requires users to be at least 16 years old. Additional services may have higher age restrictions, so please review all notices carefully. By using Bixeler, you confirm that:

​

  • You are 16 years or older and meet your country's minimum age requirement.

  • You can form a binding contract with Bixeler (or have your legal guardian agree if you're under the age of majority).

  • You are not barred from using Bixeler under applicable laws.

  • You haven't been permanently suspended from Bixeler.

2. Privacy

Bixeler's Privacy Policy explains how we collect, use, and share your information. By using Bixeler, you consent to this data collection and use as described in the Privacy Policy.

3. Using Bixeler

Bixeler grants you a limited, personal, non-transferable, revocable license to:

​

  • Install and use the Bixeler mobile app obtained from a legitimate marketplace on your device.

  • Access and use the Bixeler Services.

​

Here's what you can't do:

​

  • License, sell, transfer, distribute, or commercially exploit Bixeler or its content without written permission.

  • Modify, disassemble, decompile, or reverse engineer Bixeler or its content.

  • Access Bixeler to build a competing platform (unless permitted by additional terms).

​

We strive to improve Bixeler constantly, so features, products, or functionalities may be added or removed. We'll try to notify you beforehand, but it's not always possible. Bixeler reserves the right to modify, suspend, or discontinue the Services (in whole or part) at any time, with or without notice. Your continued use after any changes signifies your acceptance. We personalize your Bixeler experience based on various factors like your activity, subscriptions, and preferences.

4. Your Bixeler Account and Security

To use certain Bixeler features, you may need to create an account ("Account"). You'll provide a username, password, and other information outlined in the Privacy Policy.

 

You are solely responsible for:

​

  • The information associated with your Account.

  • Maintaining your Account security.

  • Immediately notifying Bixeler if you suspect unauthorized access.

​

We recommend using a strong, unique password and enabling two-factor authentication. Update your Account information if you change your phone number. Selling or transferring your Account is prohibited without prior written approval.

5. Your Content

The Services may contain information, text, links, graphics, photos, videos, audio, streams, software, tools, or other materials ("Content"), including content you create or submit to Bixeler through your Account ("Your Content"). Bixeler takes no responsibility for and doesn't endorse Your Content.

​

By submitting Your Content, you represent and warrant that you have all necessary rights to grant the rights to Your Content under these Terms. You are solely responsible for Your Content, and you may expose yourself to liability if you post or share it without the necessary rights.

​

You retain ownership of Your Content, but you grant Bixeler a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This includes the right for Bixeler to make Your Content available for syndication, broadcast, distribution, or publication by other companies or partners. You also agree that we may remove metadata associated with Your Content, and you waive any claims of moral rights or attribution with respect to Your Content.

​

Ideas, suggestions, and feedback you provide about Bixeler or its Services are entirely voluntary, and Bixeler may use them without compensation or obligation to you.

​

Bixeler may, at its sole discretion, delete, remove, or deem Your Content ineligible for monetization for violating these Terms, our Content Policy, or other terms.

​

For information on Bixeler's content moderation approach, including how we enforce our Content Policy and handle appeals, please visit our Help Center.

6. Third-Party Content, Advertisements, and Promotions

The Services may contain links to third-party websites, products, or services. These may be posted by advertisers, our affiliates, our partners, or other users ("Third-Party Content"). Bixeler has no control over Third-Party Content and is not responsible for any third party's websites, products, or services. Your use of Third-Party Content is at your own risk. It's recommended that you do your own research before proceeding with any transaction with a third party.

​

The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change. You acknowledge and agree that Bixeler may place advertisements in connection with any Content or information on the Services, including Your Content.

​

If you choose to use the Services to conduct a promotion, including a contest or sweepstakes ("Promotion"), you alone are responsible for conducting the Promotion in compliance with all applicable laws and regulations. This includes creating official rules, offer terms, eligibility requirements, and complying with applicable laws, rules, and regulations governing the Promotion (such as licenses, registrations, bonds, and regulatory approval). Your Promotion must state that it's not sponsored by, endorsed by, or associated with Bixeler. The rules for your Promotion must require each entrant or participant to release Bixeler from any liability related to the Promotion. You acknowledge and agree that Bixeler will not assist you in any way with your Promotion, and you agree to conduct your Promotion at your own risk.

7. Acceptable Use Policies

When using or accessing the Services, you must comply with these Terms and all applicable laws, rules, and regulations. Please review the Content Policy, which is incorporated by reference into these Terms. The Content Policy contains Bixeler's rules about prohibited content and conduct. In addition to what is prohibited in the Content Policy, you may not:

​

  • Use the Services in any way that could interfere with, disable, disrupt, overburden, or otherwise impair the Services.

  • Gain access to (or attempt to gain access to) another user's Account or any non-public portions of the Services, including the computer systems or networks connected to or used with the Services.

  • Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features.

  • Use the Services to violate applicable law or infringe any person's or entity's intellectual property rights or any other proprietary rights.

  • Access, search, or collect data from the Services by any means (automated or otherwise) except as permitted in these Terms or in a separate agreement withBixeler. (Bixeler conditionally grants permission to crawl the Services in accordance with the parameters set forth in its robots.txt file, but scraping the Services without Bixeler's prior written consent is prohibited).

  • Use the Services in any manner that Bixeler reasonably believes to be an abuse of or fraud on Bixeler or any payment system.

​

We encourage you to report content or conduct that you believe violates these Terms or our Content Policy. We also support the responsible reporting of security vulnerabilities. To report a security issue, please email legal@bixeler.io.

8. Creators

Creating events or Moderating a community on Bixeler is a voluntary position available to some creators. Bixeler is not responsible for actions taken by creators. Bixeler reserves the right to revoke or limit a user's ability to moderate at any time and for any reason or no reason, including for a breach of these Terms.

​

If you choose to create an event or moderate a community on Bixeler:

​

  • You agree to follow the Moderator/creator Code of Conduct.

  • You agree that when you receive reports related to a community you moderate, you will take appropriate action, which may include removing content that violates policy and/or promptly escalating it to Bixeler for review.

  • You understand that you are not authorized to act on behalf of Bixeler.

  • You may not enter into any agreement with a third party on behalf of Bixeler or any event or communities that you moderate, without Bixeler's written approval.

  • You may not perform moderation actions in return for any form of compensation, consideration, gift, or favor from third parties.

  • If you have access to non-public information as a result of creating an event or moderating a community, you will use such information only in connection with your performance as a creator.

  • You may create and enforce rules for the communities you moderate, provided that such rules do not conflict with these Terms, the Content Policy, or the Moderator Code of Conduct.

  • Bixeler reserves the right, but has no obligation, to overturn any action or decision of a creator if Bixeler, in its sole discretion, believes that such action or decision is not in the interest of Bixeler or the Bixeler community.

9. Copyright, Trademark, and Takedowns

Bixeler respects the intellectual property of others and requires that users of our Services do the same. We have a policy that includes the removal of any infringing material from the Services and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers.

​

If you believe that anything on our Services infringes a copyright or trademark that you own or control, you may notify Bixeler's Designated Agent by filling out our Copyright Report Form or Trademark Report Form, or by contacting:

​

Bixeler EU Legal Department

Via dei Faggi

6912 Pazzallo, Switzerland

​

Bixeler US Legal Department

520 W 56th St

New York, NY 10019, USA

legal@bixeler.io

 

See 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Bixeler for certain costs and damages.

​

If we remove Your Content in response to a copyright or trademark notice, we will notify you via Bixeler's private messaging system. If you believe Your Content was wrongly removed due to a mistake or misidentification in a copyright notice, you can send a counter notification via our Copyright Counter Notice Form or to our Copyright Agent (contact information provided above).

 

Please see 17 U.S.C. § 512(g)(3) for the requirements of a proper counter notification.

10. Paid Services

There are no fees for the use of many aspects of the Services. However, some services, features, and products may be available for purchase ("Paid Services"). In addition to these Terms, the Bixeler Premium and Virtual Goods Agreement also applies to Paid Services. By purchasing or using Paid Services, you further agree to the Premium and Virtual Goods Agreement and, if applicable, the Previews Terms of Use.

11. Intellectual Property

The Services are owned and operated by Bixeler. The visual interfaces, graphics, design, compilation, information, data, computer code, products, services, trademarks, and all other elements of the Services ("Materials") provided by Bixeler are protected by intellectual property and other laws. All Materials included in the Services are the property of Bixeler or its third-party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Materials or by purchasing Paid Services. Except as expressly authorized by Bixeler, and subject to Bixeler's Brand Guidelines, you may not make use of the Materials. Bixeler reserves all rights to the Materials not granted expressly in these Terms.

12. Indemnity

Except to the extent prohibited by law, you agree to defend, indemnify, and hold Bixeler, its affiliates, and their respective directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the "Bixeler Entities") harmless from and against any claim or demand made by any third party, and any related liability, damage, loss, and expense (including costs and attorneys' fees) due to, arising out of, or in connection with: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of applicable laws or regulations; or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

13. Disclaimers and Limitation of Liability

Nothing in these Terms will prejudice the statutory rights that you may have as a user of the Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.

​

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE BIXELER ENTITIES DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. BIXELER DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING MODERATORS.

 

WHILE BIXELER ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

​

IN NO EVENT WILL ANY OF THE BIXELER ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR RESULTING LOSS OF DATA. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE BIXELER ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR ANY AMOUNT YOU PAID BIXELER IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE BIXELER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

14. Governing Law and Venue

We want you to enjoy Bixeler, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here: info@bixeler.io

​

To the fullest extent permitted by applicable law, any claims arising out of or relating to these Terms or the Services will be governed by the laws of Switzerland, without regard to its conflict of laws rules; all disputes related to these Terms or the Services will be brought solely in the Swiss Arbitration Centre (SAC)  located in Zurich, Switzerland, and you and Bixeler consent to personal jurisdiction in this court.

​

If you are a U.S. or EU city, county, or state government entity, then this Section 14 does not apply to you. If you are a U.S. or EU federal government entity, any claims arising out of or relating to these Terms or the Services will be governed by the laws of Switzerland without regard to its conflict of laws rules. To the extent permitted by federal law, the laws of Zurich, Switzerland (other than its conflict of law rules) will apply in the absence of applicable federal law. All disputes related to these Terms or the Services will be brought solely in the Swiss Arbitration Centre (SAC), Zurich, Switzerland.

15. Changes to these Terms

We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing you with notice through our Services. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.

16. Additional Terms

These Terms, and to the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your use of the corresponding Services.

​

If you use any Paid Services, you must also agree to the Bixeler Premium and Virtual Goods Agreement.

If you use any preview features, you must also agree to the Bixeler Previews Terms of Use.

If you use the self-service platform for advertising, you must also agree to the Bixeler Advertising Platform Terms.

​

If you use any of our Developer Services (including our APIs), you must also agree to the Bixeler Developer Terms.

​

If you participate in any Bixeler program that is subject to Additional Terms, you must also agree to those Additional Terms.

17. Termination

You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing use of all Services. If you stop using the Services without deactivating your Account, your Account may be deactivated due to prolonged inactivity.

​

To the fullest extent permitted by applicable law, we may suspend or terminate your Account, Creator status, or ability to access or use the Services at any time for any or no reason, including for violating these Terms or our Content Policy.

​

The following sections will survive any termination of these Terms or of your Account: 5 (Your Content), 7 (Things You Cannot Do), 12 (Indemnity), 13 (Disclaimers and Limitation of Liability), 14 (Governing Law and Venue), 17 (Termination), and 18 (Miscellaneous).

18. Miscellaneous

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign any of our rights and obligations under these Terms.

Headings are used in these Terms for reference only and will not be considered when interpreting them. For purposes of these Terms: (a) the words “include,” “includes,” and “including” will be deemed to be followed by the words “without limitation;” (b) the words “such as,” “for example,” “e.g.,” and any derivatives of those words will mean by way of example and the items that follow these words will not be deemed an exhaustive list; and (c) the word “or” is used in the inclusive sense of “and/or” and the terms “or,” “any,” and “either” are not exclusive. No ambiguity will be construed against any party based on a claim that the party drafted the language.

These Terms are a legally-binding agreement between you and Bixeler, Inc. If you have any questions about these Terms, please contact us.

Bixeler, Inc.
info@bixeler.io

Main Offices:
Via dei Faggi,
6912 Pazzallo, Switzerland

Geneva:
Rue du Grand-Pré
1202 Geneva Switzerland

USA:

520 W 56th St

New York, NY 10019, USA

bottom of page