1. Agreement and eligibility
These Terms of Service (“Terms”) are an agreement between you and Domatic, Inc., a Florida corporation operating BitArc (“BitArc,” “we,” “us,” or “our”). By creating an account, accepting an invitation, purchasing a service, or using BitArc, you agree to these Terms and our Privacy Policy. If you do not agree, do not use BitArc.
You must be at least 18 and legally able to enter a contract. If you use BitArc for an organization or another person, you represent that you have authority to bind them. Our initial public service is offered to United States residents unless we approve another region.
2. What BitArc provides
BitArc is a digital-preservation service for original files and their human context. Depending on your plan and enabled features, the service may provide account access, Vaults, multiple storage copies, cryptographic integrity records, preservation-health checks, Portable Archives, funded preservation horizons, gifts, and controlled legacy access.
BitArc is not a bank, trust company, insurer, law firm, fiduciary, executor, digital-will service, or guaranteed perpetual-storage provider. “Archive Life” and a funded preservation horizon record the preservation term supported by accepted funding and our then-current operating model. They are not an insurance policy, trust asset, investment return, or promise that technology, law, providers, or BitArc will remain unchanged for that entire period.
3. Your account and security
Provide accurate information, protect your password and recovery email, and promptly report suspected unauthorized access. You are responsible for activity through your credentials unless caused by BitArc’s failure to use reasonable safeguards. Do not share private invitation, reset, export, or download links. We may require email or identity verification before sensitive actions, recovery, succession, or a privacy request.
4. Your content and the permission you give BitArc
As between you and BitArc, you retain ownership of the files, stories, metadata, and instructions you submit (“Your Content”). You grant us a limited, worldwide, non-exclusive license to host, copy, encrypt, transmit, verify, repair, migrate, format for export, and otherwise process Your Content only to operate, secure, support, and provide the preservation service; follow your directions; and comply with law. This license continues for retained copies and backups for as long as technically or legally necessary.
You represent that you have the rights and permissions necessary to preserve Your Content and provide information about other people. Do not upload unlawful material, malware, stolen data, intimate content shared without consent, exploitative material, or content that infringes another person’s privacy, intellectual-property, publicity, or other rights. BitArc does not claim ownership of Your Content and does not use it to train generative-AI models.
5. Preservation, integrity, and provider limits
We design BitArc to reduce preservation risk through independent copies, cryptographic checks, access controls, and recoverable records. Nevertheless, every storage system can fail. Availability may be interrupted, deep-archive retrieval can take time, and a provider, file format, legal rule, or economic assumption may change. Integrity verification proves that a checked copy matches its stored fingerprint; it does not prove that the original file was authentic, complete, lawful, or free from defects when uploaded.
We may change providers, regions, storage classes, encryption, formats, verification methods, or technical architecture when we reasonably believe the change maintains or improves preservation. You should keep independent copies of irreplaceable material, periodically review archive health, keep account information current, and download Portable Archives at sensible intervals.
6. Immutable retention and deletion
Some archive copies are versioned or protected by provider-enforced governance retention through a funded horizon. That control blocks ordinary deletion and shortened retention. A specially authorized governance override may be technically possible; BitArc will use one only under an approved legal and operational policy. Closing an account, removing a memory from the active interface, or submitting a privacy request may therefore restrict access before all retained copies expire. Our Privacy Policy explains this process.
7. Legacy contacts and succession
Legacy features record your stated access intent and can invite a trusted person. During the current service, confirmation alone does not open a Vault; the owner must separately activate access. BitArc has not launched automated death or incapacity activation. You are responsible for choosing appropriate contacts, maintaining their information, and reconciling BitArc instructions with your will, trust, estate plan, family law obligations, and the rights of others.
BitArc legacy designations do not create a will, trust, power of attorney, beneficiary deed, property transfer, or fiduciary duty and do not override applicable law or a valid court order. We may require reliable evidence, delay access, restrict downloads, or seek legal review when instructions conflict, ownership is disputed, or fraud or harm is suspected. Obtain independent estate-planning advice for your circumstances.
8. Plans, subscriptions, gifts, and preservation funding
Prices, storage limits, file limits, billing frequency, renewal terms, and material restrictions are shown before purchase. Paid plans renew automatically only when the checkout disclosure says so and until canceled. You authorize the displayed charges and applicable taxes. Our payment provider processes payment credentials under its own terms. You may cancel a recurring plan through the available online account or support path; cancellation takes effect at the end of the paid period unless law requires otherwise.
Plan cancellation stops future recurring plan charges but does not automatically undo a separately funded preservation horizon or erase locked archive copies. If a paid plan lapses, we may place the account into grace or restricted mode. We will not silently delete preserved memories solely because a subscription lapses; we will preserve reasonable read and export access, subject to security, law, provider availability, and these Terms.
An unredeemed preservation gift may be refundable through the displayed refund process. After redemption, or after a preservation purchase causes non-reversible storage, retention, tax, provider, or operating commitments, payments are non-refundable except where the checkout terms state otherwise, we made an error, or law requires a refund. We will disclose material purchase and refund terms before charging you.
9. Beta features and service changes
A feature identified as beta, preview, test, or sandbox may be incomplete, change materially, or be withdrawn. Sandbox transactions are not live purchases. We may add, modify, suspend, or discontinue a feature, but will consider preservation obligations, provide reasonable notice of material adverse changes when practicable, and provide a reasonable export opportunity before ending ordinary access, unless security, law, or an emergency prevents it.
10. Acceptable use
You may not:
- access another person’s account or content without authority;
- bypass limits, security controls, rate limits, or access decisions;
- probe, disrupt, overload, reverse engineer, or introduce malicious code except through a written security-testing authorization;
- use BitArc to violate law, exploit a person, facilitate abuse, or infringe rights; or
- resell or commercially exploit BitArc without written permission.
11. Suspension and account closure
You may ask to close your account, subject to verified identity, payment obligations, disputes, legacy rights, and immutable retention. We may limit or suspend access to protect the service or others, address nonpayment, comply with law, investigate a material breach, or respond to an emergency. When reasonable, we will give notice and an opportunity to cure or export before permanent closure. Serious abuse, fraud, illegal content, or an immediate security risk may require action without advance notice.
12. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BITARC IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT GUARANTEE THAT EVERY FILE WILL REMAIN ACCESSIBLE FOR A PARTICULAR NUMBER OF YEARS OR THAT LEGACY ACCESS WILL RESOLVE AN OWNERSHIP OR ESTATE DISPUTE. RIGHTS THAT CANNOT LAWFULLY BE DISCLAIMED ARE NOT AFFECTED.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOMATIC, INC. AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING FROM BITARC. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID BITARC DURING THAT PERIOD. THESE LIMITS DO NOT APPLY WHERE PROHIBITED OR TO LIABILITY THAT CANNOT LEGALLY BE LIMITED.
14. Indemnity
To the extent permitted by law, you will defend and indemnify Domatic, Inc. from third-party claims arising from Your Content, your violation of another person’s rights, or your material violation of these Terms. This does not apply to claims caused by our own breach, negligence, or willful misconduct.
15. Governing law and disputes
Florida law governs these Terms without regard to conflict-of-law rules, except where your local consumer law requires otherwise. Before filing a claim, you and BitArc agree to try in good faith for 30 days to resolve it by writing to legal@bitarc.com. These Terms do not require arbitration and do not waive a lawful right to participate in a class action.
16. General terms
We may update these Terms prospectively. We will provide reasonable notice of a material change and request renewed agreement when required. You may not transfer your account or agreement without our written consent, except through an authorized succession process. We may assign these Terms as part of a reorganization or transfer that continues the service obligations. If a provision is unenforceable, the remainder stays effective. A delay in enforcement is not a waiver. These Terms, the Privacy Policy, and purchase-specific disclosures are the entire agreement about BitArc and control in that order only to the extent they do not expressly say otherwise.
17. Contact
Use the contact below for questions about these Terms and for legal, privacy, copyright, and DMCA notices.
Legal, privacy, copyright, and DMCA contactDomatic, Inc.382 NE 191st Suite #39884Miami, FL 33179-3899+1-866-366-2842legal@bitarc.com