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Terms and Conditions for Fastro

Effective Date: October 30th, 2024

Welcome to Fastro Inc. (“Fastro,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of our website located at www.fastro.io, any subdomains or associated sites owned and operated by Fastro (collectively, the “Site”), and any services, products, software, or content made available through the Site (collectively, the “Services”).

By accessing or using our Site or Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, do not use our Site or Services.


1. Acceptance of Terms

1.1 Binding Agreement

These Terms constitute a legally binding agreement between you and Fastro. By accessing the Site or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1.2 Additional Agreements

Some of our Services (including any licensed software) may be subject to additional terms, such as an End User License Agreement (“EULA”). In the event of a conflict between these Terms and the EULA for a particular Service, the EULA terms will control with respect to that Service.


2. Updates to Terms

We may revise or update these Terms from time to time in our sole discretion. If we do, we will post the most current version on our Site. Your continued use of the Site or Services after such posting means you accept any new or modified Terms. We recommend checking this page periodically to stay informed about any changes.


3. Use of the Site and Services

3.1 Eligibility

You must be at least the age of majority in your jurisdiction to use our Site or Services. By using the Site or Services, you represent and warrant that you meet this requirement and have the authority to enter into this agreement.

3.2 Acceptable Use

You agree to use the Site and Services only for lawful purposes and in compliance with these Terms. You shall not:

  • Copy, redistribute, or sublicense any part of the Services without prior written consent.
  • Interfere with, disrupt, or attempt to gain unauthorized access to any parts of the Site or Services.
  • Upload, transmit, or distribute any material that contains viruses or any other harmful code.
  • Use the Site or Services in violation of any applicable law, regulation, or third-party rights.

3.3 Third-Party Links and Content

The Site or Services may include links to third-party websites or reference third-party content. Fastro does not endorse and is not responsible for any such third-party sites or content, and your use of those links and content is at your own risk.


4. License to Software (If Applicable)

4.1 Grant of License

If you lawfully acquire Fastro’s proprietary software (“SOFTWARE”), Fastro grants you a non-exclusive, non-transferable, limited license to install and use the SOFTWARE solely for your internal business purposes, subject to any applicable EULA or purchase agreement.

4.2 Restrictions

Unless expressly permitted by Fastro or applicable law, you shall not:

  • Host the SOFTWARE for third parties or provide it in a service bureau, data center, or similar environment.
  • Modify, adapt, translate, reverse engineer, decompile, or disassemble the SOFTWARE.
  • Remove or alter any proprietary notices or labels on or in the SOFTWARE or related documentation.

4.3 Ownership

All title, ownership rights, and intellectual property rights in and to the SOFTWARE and documentation remain with Fastro and are protected by applicable laws and treaties.


5. Payment Terms (If Applicable)

5.1 Fees

Certain Services or licenses may require payment. Payment amounts, schedules, and terms are provided in the applicable order form, subscription page, or separate agreement.

5.2 Taxes

All fees are exclusive of taxes. You are responsible for any applicable taxes, including sales, use, VAT, or similar taxes or duties.

5.3 Late Payment

If you fail to make any payment when due, Fastro may assess a late fee or interest in accordance with applicable law, and may suspend or terminate your access to the Services.


6. Term and Termination

6.1 Term

These Terms are effective as of the Effective Date and remain in effect until terminated by you or Fastro. Specific Services or software licenses may have a separate minimum term, which will be outlined in the applicable EULA or purchase agreement.

6.2 Termination by You

You may stop using the Site or Services at any time. If you wish to terminate any paid subscription, you must do so in accordance with the terms of the applicable subscription or EULA.

6.3 Termination by Fastro

We may suspend or terminate your access to the Site or Services immediately if you breach these Terms or if we are required to do so by law. In cases of material breach, if curable, we will provide written notice and a thirty (30) day opportunity to cure before terminating your access.

6.4 Effect of Termination

Upon termination, you must cease all use of the Site, Services, and any licensed SOFTWARE. Any provisions of these Terms intended by their nature to survive termination (e.g., confidentiality, disclaimers, limitations of liability) shall so survive.


7. Privacy

Your use of our Site and Services is also subject to our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Site or Services, you agree to the terms of our Privacy Policy.


8. Confidentiality

8.1 Confidential Information

In using our Services, you may have access to confidential information of Fastro, including but not limited to the SOFTWARE, documentation, trade secrets, and business information. You agree to maintain such confidential information in strict confidence and not to disclose it to any third party without Fastro’s prior written consent.

8.2 Protection

You shall protect confidential information using at least the same degree of care you use to protect your own confidential information, but in no event less than reasonable care.


9. Intellectual Property and DMCA Notice

9.1 Site Content

All content on our Site, including text, graphics, images, logos, and software, is owned by or licensed to Fastro. You are granted no license to this content other than as necessary to view it within your web browser for personal or internal business use.

9.2 Trademarks

All trademarks, service marks, and logos used on the Site are the property of Fastro or their respective owners. You are not authorized to use any such trademarks without the prior written consent of the owner.

9.3 DMCA Policy

If you believe that any content on our Site infringes your copyright, please send a written notice to our designated agent at:

  • By Email: support@fastro.io

Your notice must comply with the requirements of the Digital Millennium Copyright Act (DMCA), including:

  • Your contact information (full name, address, email, phone).
  • Identification of the allegedly infringing material and its location on the Site.
  • A statement of good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
  • A statement under penalty of perjury that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

10. Warranties and Disclaimers

10.1 Service Warranty

Fastro warrants that the Services (including any SOFTWARE, if applicable) will perform substantially in accordance with their documentation under normal use. We aim to provide Services in a professional and workmanlike manner, consistent with industry standards.

10.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SITE, SERVICES, AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FASTRO DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

10.3 Third-Party Components

Any warranties do not apply to third-party components, content, or websites referenced in or accessed through the Site or Services.

10.4 Your Responsibilities

Fastro is not liable for ensuring compliance with laws, regulations, or industry standards that may apply to your business or data. You should seek professional advice regarding your specific obligations.


11. Limitation of Liability

11.1 Exclusions

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FASTRO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Aggregate Liability

IN NO EVENT SHALL FASTRO’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY YOU TO FASTRO DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.


12. Indemnification

You agree to defend, indemnify, and hold harmless Fastro, its officers, directors, employees, agents, and affiliates from any and all claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use or misuse of the Site or Services.
  • Your breach of these Terms or violation of any applicable law.
  • Your violation of any rights of a third party, including intellectual property rights or privacy rights.

13. Governing Law and Venue

These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction and venue of the state or federal courts located in San Francisco, California, and you waive any objection to such jurisdiction or venue.


14. Force Majeure

Neither party shall be liable for delays or failures to perform any obligation under these Terms due to causes beyond their reasonable control, including but not limited to acts of God, war, terrorism, civil disturbances, pandemics, or governmental actions.


15. No Waiver

No waiver of any right or term herein shall be deemed a further or continuing waiver of such right or term, and the failure of Fastro to assert any right under these Terms shall not constitute a waiver of such right.


16. Assignment

You may not assign or transfer any of your rights or obligations under these Terms without Fastro’s prior written consent. Any attempted assignment in violation of this provision shall be null and void.


17. Entire Agreement and Severability

These Terms, together with any applicable EULA, order form, purchase agreement, or additional policies referenced herein, constitute the entire agreement between you and Fastro regarding the use of the Site and Services. If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.


18. Contact Us

If you have any questions about these Terms, please contact us at:

  • Email: support@fastro.com

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