Terms of Service

These Terms of Service (“Terms”) describe the rules of relationship with Fast Communications IT LTD and you, and are a legal agreement. Please read them carefully. You agree to our Terms by installing, accessing, or using our apps, services, features, software, or website (together, “Services”). If you don’t agree with them, please don’t use the Services.

PLEASE READ THIS AGREEMENT CAREFULLY.

 

1. Who Can Use the Services

You must be at least 13 years old to use the Services. If you are not yet legally considered an adult where you live (known as the age of majority), you may only use the Services if your parent or guardian agrees to these Terms on your behalf.

By using any of the Services, you are accepting this Agreement and you confirm that you have the right and capacity to enter into this Agreement.

 

2. Your Rights to Use the Services

We grant you a limited, personal, worldwide, royalty-free, non-transferable, non-exclusive, revocable, non-sublicensable license to: (a) access and use the Services for your non-commercial use or internal business use; (b) download, install and use the Cryptogram messenger application on one or more mobile device(s) (e.g. cell phone and/or tablet), which natively executes an operating system supported by the application, and that you own or control for your non-commercial use or internal business use.

You agree that any software that we provide you may automatically download and install upgrades, updates or other new features and regularly send log information to our servers. You may be able to adjust these automatic downloads through your mobile device settings. These updates and upgrades are designed to improve and enhance our Services and can include bug fixes, enhancements and new modules.

You may not sell, rent, lease, assign, distribute, copy, modify or host any part of our Services. As well, you can’t adapt, merge, make derivative works of, disassemble, decompile, reverse compile, attempt to discover the source code or reverse engineer any part of the Services, except to the extent these restrictions are expressly prohibited by applicable law.

 

3. Rights You Give Us

Some of our Services let you create, upload, post, send, receive and store content. When you do that, you keep the ownership rights you had in the content to begin with. But you grant us a non-exclusive, royalty-free and fully paid, worldwide license, with the right to grant sublicenses, to reproduce, distribute, host, display, and otherwise use the content for the purpose of operating, developing, providing and improving the Services, researching and developing new ones and using it as described in the Privacy Policy.

While we aren’t required to, we may review, screen and delete your content at any time if we think it may violate these Terms. You are responsible for the content that you send through the Services, including for back up of that content.

The Services may contain advertisements. In exchange for us letting you access and use the Services, you agree that we and our affiliates and third party partners may place advertising on the Services.

We’re always happy to hear from you but if you volunteer any feedback or suggestions about our Services, please know that we can use your ideas without compensating you.

 

4. Privacy

Your privacy matters to us. You can learn more about how we handle your information when you use our Services by reading our Privacy Policy. We encourage you to read it carefully because by using our Services you agree that we can collect and use some information in the ways described in that policy.

 

5. Safety and Respecting the Rights of Others

You may not upload, post, send, comment on or store content that:

  • (a) violates or infringes any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  • (b) is false, intentionally misleading, illegal or promotes an illegal activity or that impersonates any other person or entity, including Fast Communications IT LTD;
  • (c) is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual
  • (d) is harmful to minors in any way or targeted at persons under the age of 13;
  • (e) spams or solicits Cryptogram users to purchase anything;
  • (f) requests any form of identification or illegal content from Cryptogram users; or (g) interferes with the positive experience of other users of the Services, in our discretion.

You agree not to use the Services to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (b) collect information or data regarding other users, including email addresses or usernames, without their consent (e.g. using harvesting bots, robots, spiders, or scrapers); (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Services (e.g. a denial of service attack); (d) attempt to gain unauthorized access to the Services or servers or networks connected to the Services; or (e) interfere with another user’s use and enjoyment of the Services.

 

6. Your Account

You are responsible for anything that happens in your account, so please keep it secure.

Also, you agree that you will not:

  • (a) create another account if we’ve disabled one you had unless you have our written permission first;
  • (b) buy, sell, rent or lease access to your Cryptogram account or username unless you have our written permission first;
  • (c) share your account keys with anyone;
  • (d) log in or try to log in to access the Services through unauthorized third-party applications or clients.

If you think someone has gained access to your account, please contact us immediately at Cryptogram Support (support@fastcomit.com)

 

7. Data Charges

You are responsible for any mobile charges when you use the Services including data charges for use or the Services and/or updates or upgrades of new versions of the Services. If you’re not sure what those charges may be, please ask your provider before using the Services.

 

8. Third Party Services

If you use a third-party service, feature or product (the “Third Party Services”) integrated to or offered by the Services, that third-party’s terms will govern their relationship with you. Please read and understand those terms and investigate any features that are important to you before using a Third Party Service. We are not responsible or liable for the third party terms or content on Third Party Services or actions taken under the third party’s terms.

 

9. Availability of the Services

Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time without notice. Events beyond our control may affect our Services, such as events in nature and other Force Majeure events.

 

10. Termination

We can also terminate this Agreement or deactivate your Cryptogram Account or any group you have created or participated in at any time if we think you’ve violated these Terms or for any reason. We may also reclaim usernames if you’ve been inactive for at least 3 months or have violated these Terms, including by infringing other people’s trademarks.

We will not be liable to you for terminating this Agreement, including for termination of your Cryptogram Account or deletion of your content.

 

11. Additional Terms for Specific Services

We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.

 

12. Indemnity

You agree to defend, indemnify, and hold harmless the Cryptogram and Fast Communications IT LTD Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.

 

13. Disclaimers

THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND FAST COMMUNICATIONS IT LTD (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, STABILITY, ACCURACY, OR NONINFRINGEMENT. FAST COMMUNICATIONS IT LTD (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. FAST COMMUNICATIONS IT LTD IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONDUCT OR USER CONTENT ON ITS SERVICES.

You hereby irrevocably and unconditionally release and forever discharge Fast Communications IT Ltd from any and all claims, demands, and rights of action, whether now known or unknown, that relate to any interactions with, or acts or omission of, the Services and Fast Communications IT Ltd.

YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

 

14. Limitation of Liability

IN NO EVENT WILL FAST COMMUNICATIONS IT LTD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, THE SITES, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, EVEN IF FAST COMMUNICATIONS IT LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITES, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FAST COMMUNICATIONS IT LTD'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, THE SITES AND PRODUCTS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: (A) FIFTY GREAT BRITAIN POUNDS (50 GBP) OR (B) AMOUNTS YOU’VE PAID FAST COMMUNICATIONS IT LTD IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT WILL FAST COMMUNICATIONS IT LTD SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW SOME OF THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR DAMAGES DESCRIBED ABOVE, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

 

15. Choice of Law & Exclusive Venue

These Terms are governed by the laws of United Kingdom aside from its conflict of laws principles. Where the Terms allow claims to be resolved in Court, you agree to submit to the personal jurisdiction of the courts located within London, United Kingdom for the purpose of litigating all claims or disputes related to injunctions sought by us or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

 

16. Severability

If any part of these Terms is found to be unenforceable, then that provision will be severed from these Terms and not affect the validity or enforceability of the remaining terms.

 

17. Final Terms

All rights not granted to you are reserved by Fast Communications IT LTD and all intellectual property in the Services is owned by us. These Terms are the final, complete and exclusive agreement between you and Fast Communications IT LTD and supersede all prior agreements between us.

If we don’t enforce a part of these Terms, it will not be considered a waiver. You can’t transfer your rights or obligations under this agreement without our consent. The word “including” means including without limitation. We may assign the Terms in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or bankruptcy or other operation of law, without your consent.

If we need to contact you about these Terms, you: (1) agree to receive electronic messages from us; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other messages we send to you electronically satisfy all legal requirements as if they were in writing. We agree that these Terms and all related documents are in English.

We reserve the right to modify these Terms in the future without a notification.

 

Contact Us

We welcome your comments, questions and suggestions. Please send us feedback at support@fastcomit.com

Fast Communications IT LTD is located at 27, Old Gloucester Street, London, WC1N 3AX, United Kingdom