Terms of Use

Agreement to Our Legal Terms

These Terms of Use are issued by bithaus.tech, Unipessoal Lda ("Company," "we," "us," "our") formerly known as João Pedro Silveira, Unipessoal Lda. All references to the previous name in existing agreements or communications shall be interpreted to refer to the same legal entity, now rebranded as bithaus.tech, Unipessoal Lda.

We are a company registered in Portugal with the VAT number PT516922769.

We operate the applications listed on this link, this website, as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by email at [email protected]

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and bithaus.tech, Unipessoal Lda, concerning your access to and use of the Services.

This agreement is between you and bithaus.tech, Unipessoal Lda only, and not Apple, Inc. bithaus.tech, Unipessoal Lda, not Apple, is solely responsible for its Services and its content.

You agree that Apple, Inc. and its subsidiaries are third party beneficiaries of this License Agreement and that, upon your acceptance of the terms and conditions of this License Agreement, Apple, Inc. will have the right (and will be deemed to have accepted the right) to enforce the License Agreement against you as a third party beneficiary thereof.

You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

We recommend that you print a copy of these Legal Terms for your records.

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. Intellectual Property Rights

Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). With the exception of our reference apps, which use third party images and graphics in accordance with the fair use clauses in copyright laws.

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your Use of Our Services

Subject to your compliance with these Legal Terms, including the PROHIBITED ACTIVITIES section below, we grant you a non-exclusive, non-transferable, revocable license to:

• Access the Services; and
• Download or print a copy of any portion of the Content to which you have properly gained access.

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to [email protected]. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

You acknowledge and agree that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to our Services.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

In the event of an intellectual property claim that our Services or your possession and use of the Services infringes on a third party's intellectual property rights, We, not Apple, Inc., reserve the right to investigate, defend, settle and discharge of any such intellectual property infringement claim.

3. User Representations

By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are at least 13 years old or the minimum age required by your jurisdiction to use mobile applications, whichever is higher; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Attempt to introduce viruses, malware, or other harmful code that could interfere with the proper functioning, security, or performance of the Services.
• Engage in any automated use of the system, such as using data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Copy or adapt the Services' software, including but not limited to Swift, Objective-C, SwiftUI, iOS frameworks, JavaScript, TypeScript, or any other programming languages, frameworks, or code used in our mobile applications or website.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

5. User Feedback

We may provide you with the opportunity to submit feedback, suggestions, or other communications to us regarding the Services. Any feedback you provide is private and will only be used internally to improve our Services.

6. Feedback License and Data Collection

You and the Services agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).

By submitting feedback or suggestions regarding the Services, you agree that we can use such feedback for any purpose without compensation to you. Your feedback is confidential and will not be shared publicly or with third parties.

Feedback Data Collection: When you submit feedback, we automatically collect certain technical information to help us improve our Services, including:

• An anonymized user identifier
• Your country/region information
• Your subscription and purchase status
• Technical data about your app usage and device

This data is collected in an anonymized form and cannot be used to personally identify you. It is used solely to improve our Services and provide better support.

We do not claim ownership over your personal data or device settings. You retain control over your personal information as described in our Privacy Policy.

7. Data Collection and Usage

In order to provide and improve our Services, we collect certain data as disclosed in our App Store privacy label. All data collected is not linked to your identity and cannot be used to personally identify you.

Types of Data Collected:

• Location Data: We access your device's location to provide speed tracking and related features. This data is processed locally on your device.
• Identifiers: We collect anonymized device and app identifiers for analytics and app functionality purposes.
• Usage Data: We collect information about how you use the app, including features used and app performance metrics.
• Diagnostics: We collect technical diagnostic information to identify and fix bugs, crashes, and performance issues.
• Other Data: We may collect additional technical data necessary for app functionality and improvement.

Data Usage: All collected data is used solely to:

• Provide core speedometer functionality
  • GPS-based speed tracking
  • Distance and trip calculations
  • Speed limit warnings and alerts
• Improve app performance and user experience
  • Optimize location accuracy
  • Enhance UI responsiveness
  • Personalize user preferences
• Identify and fix technical issues
  • Debug app crashes and errors
  • Monitor performance metrics
  • Address compatibility issues
• Develop new features and enhancements
  • Analyze usage patterns
  • Prioritize feature development
  • Test new functionality

We do not sell, rent, or share your data with third parties for commercial purposes. Data is retained only as long as necessary for the purposes outlined above.

8. Mobile App Features and GPS Disclaimer

Device Permissions

Our mobile application requires access to certain device features and permissions. The app will not function without Location Services enabled.

• Location Services: Essential and required for speed tracking and GPS functionality. The app cannot operate without this permission.
• Motion and Fitness: Optional permission used to access barometer data for improved altitude readings and enhanced location accuracy.
• Apple Music: Optional permission required to display song and album artwork information within the app and control music playback.
• Notifications: Optional permission for various app communications and user engagement features.
• Background App Refresh: Allows the app to update location data when running in the background.

GPS Accuracy and Limitations

Important Disclaimer: Our speedometer application uses GPS technology to estimate speed and distance. GPS accuracy can be affected by various factors:

• Weather conditions and atmospheric interference
• Building structures, tunnels, and urban environments
• Device hardware limitations and GPS signal quality
• Satellite availability and positioning
• Device movement patterns and acceleration

We make no warranties about the accuracy, reliability, or precision of speed, distance, or location measurements provided by our Services. Speed readings should be considered estimates only.

Safety Warnings

IMPORTANT SAFETY NOTICE:

• Do not use while driving: Never operate, configure, or interact with the application while driving a motor vehicle.
• Driver responsibility: Always obey traffic laws and speed limits. Our app does not replace your speedometer or legal obligations.
• Distraction warning: Use of this app while operating any vehicle may cause distraction and increase accident risk.
• Legal compliance: You are solely responsible for complying with all applicable traffic laws and regulations.
• Emergency situations: Do not rely on this app for emergency navigation or critical safety decisions.

Offline vs Online Features

Our Services include both offline and online functionality:

• Offline: Basic speed tracking and trip recording work without internet connection using GPS.
• Online: Features like speed limit data, map updates, weather information, music information, or cloud sync may require internet connectivity.
• Data usage: Online features may consume mobile data. Check your data plan before using these features extensively.

9. In-App Purchases and Subscriptions

Free Use

You may use some functionalities and features of our Services free of charge. You may, but are not required to, provide us with your name and email address in connection with such use. Notably, our Services will be limited for free use, and you will not have access to all of the functionalities and features available to paid users.

Paid Services

We also offer subscription plans and in-app purchases that provide access to enhanced services and additional features for a fee ("Purchased Content").

• Premium features and enhanced functionality
• Ad-free experience
• Advanced speedometer customization options
• Additional data export capabilities

Age Restriction

You may only use the Purchased Content if you are at least 13 years old (or of age of legal majority where you live, if different), and only on a limited, personal, non-transferable, non-sublicensable and revocable basis.

Payment Method

You may purchase Purchased Content within the app through the Apple App Store. Apple's terms and conditions in addition to these terms apply to your access to our Services.

Payment Processing: All payment processing, billing, and subscription management is handled entirely by Apple, not by us. We do not have access to your payment information or billing details.

Payment Issues: For any payment-related issues, billing questions, or subscription management, please contact Apple directly at Apple Billing Support. You are responsible for all applicable fees and charges incurred, including applicable taxes, as determined by Apple.

Renewals

Your payment to Apple through which you purchased Purchased Content, if any subscription period is applicable, will automatically renew and continue until terminated. You must cancel your subscription before it renews to avoid paying the subscription fees for the next billing period.

Refunds

Generally, all purchases are final and non-refundable, unless required by law.

Apple App Store Refunds: We are unable to view, access, or modify any financial transactions from Apple in-app subscriptions for security and privacy reasons. Instead, we would ask that you reach out to Apple support in relation to your subscription to request any refunds.

• Your purchase will be subject to Apple App Store applicable payment policy, which may or may not allow for refunds. Please contact Apple App Store support regarding any refunds or to manage your Purchased Content.
• You can request a refund for an Apple in-app subscription or purchase by following the guidance here.
• Apple may process consumption data shared via the Send Consumption Information API to facilitate refund requests. This data is retained by Apple for the duration necessary to complete the refund review process and is not used for marketing purposes. Refund requests for in-app purchases should be directed to Apple via its designated support channels.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR THE PURCHASED CONTENT FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR THE UNUSED PURCHASED CONTENT, WHETHER YOUR LOSS WAS VOLUNTARY OR INVOLUNTARY.

Cancelation of Services

You can cancel your Purchased Content by signing in to your account and following the in-app instructions for canceling your subscription. Please note that if you purchase Purchased Content through the Apple App Store, you may cancel your Purchased Content in accordance with the policies set forth by Apple. Upon canceling of subscription you will not receive a refund for the fees you already paid for your Purchased Content and you will continue to receive our Services ordered until the end of your current subscription period.

Changes in Pricing

We reserve the right to change our subscription plans or adjust pricing that will be applicable to your future purchases for our Services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.

Promotion and Discount Codes

You may have access to a free trial period in accordance with certain promotional offers. Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of our Services, except where expressly stated otherwise. Previous users or trial users of our Services do not qualify as new users. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription purchased.

10. App Support and Maintenance

We provide ongoing support and maintenance for our Services to ensure optimal performance and user experience. Support is provided primarily through the app's built-in feedback system and our support email.

We may periodically update our Services to:

• Fix bugs and improve performance
• Add new features and functionality
• Enhance security and privacy protection
• Ensure compatibility with new iOS versions

Updates are delivered through the Apple App Store and may be automatic depending on your device settings. We recommend keeping the app updated to the latest version for the best experience.

11. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) restrict, suspend, or terminate access to the Services for users who violate these terms; (4) modify, update, or discontinue any features or functionality of the Services; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

12. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

13. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

14. Governing Law

These Legal Terms shall be governed by and defined following the laws of Portugal and yourself irrevocably consent that the courts of Portugal shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

You agree to comply with all applicable laws and regulations in connection with your use of our Services. Our mobile applications are distributed exclusively through the Apple App Store, and your use of our Services is subject to Apple's terms and conditions, including any applicable export or import restrictions that Apple may impose.

15. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating arbitration.

Binding Arbitration

Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The language of the proceedings shall be Portuguese. The governing law of these Legal Terms shall be substantive law of Portugal.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

16. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

17. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES AND ON BEHALF OF APPLE, INC. ("Apple"), EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We make no warranties or representations about the accuracy or completeness of the Services' content or the content of any websites or mobile applications linked to the Services and we will assume no liability or responsibility for any errors, mistakes, or inaccuracies of content and materials.

18. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, AGENTS, OR APPLE, INC. ("Apple") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services.

20. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

21. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

22. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law.

23. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at [email protected]

bithaus.tech, Unipessoal Lda, and not Apple, Inc., is responsible for addressing claims relating to the Services and your possession and/or use of the Services.