Terms of use Last updated on - 01-Dec-2019

Who are we?

Fastcurve Services Pvt Ltd (“us”, “we” or “our” as the context requires) is a global IT business Service and management service providing instant Indian Company.

These Terms

These terms and conditions (“Terms”) govern your access to and use of the Fastcurve Services Pvt Ltd Services and/or Fastcurve Services Pvt Ltd Platforms and, together with our privacy policy, cookie policy and Terms of use constitute a legal agreement between you and Fastcurve Services Pvt Ltd. By downloading, uploading content to and accessing or otherwise using the Fastcurve Services Pvt Ltd Services and/or Fastcurve Services Pvt Ltd Platforms, you are confirming that you have read, understood and agreed to these Terms and those of the privacy policy, cookie policy and Terms of use.

Using the Fastcurve Services Pvt Ltd Services

You may only use the Fastcurve Services Pvt Ltd Services in compliance with applicable laws and for legitimate purposes. In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive license to download, access and use the Fastcurve Services Pvt Ltd services for your own personal, non-commercial purposes and for no other purpose. In particular, we grant such license to you subject to you agreeing that you shall not:

a) use the Fastcurve Services Pvt Ltd Service for any purpose that is improper, unlawful, or to post, share or transmit any material that
(i) is defamatory, offensive, obscene or otherwise objectionable;
(ii) is in breach of confidence or privacy or of any third party’s rights including copyright, trade mark or other intellectual property rights;
(iii) is posted, shared or transmitted for the purpose of advertising or promoting yourself or any third party; or
(iv) is misleading or misrepresentative as to your identity or which in any way suggests that you are sponsored, affiliated or connected with Fastcurve; or
(v) you do not otherwise have any rights or the permissions you need to make available;

b) use the Fastcurve Services Pvt Ltd Service for any commercial purpose or in any manner which may cause damage to Fastcurve or bring Fastcurve into disrepute;

c) disassemble, reverse engineer or otherwise decompile any software, applications, updates or hardware contained in or available via the Fastcurve Services and/or Fastcurve Platforms, except as permitted by law;

d) copy, distribute, communicate to the public, sell, rent, lend or otherwise use the Fastcurve Services and/or Fastcurve Platforms, or seek to violate or circumvent any security measures employed to prevent or limit your access to or use of the Fastcurve Services and/or Fastcurve Platforms;

e) use or interfere with the Fastcurve Services Pvt Ltd Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

f) introduce onto, or transmit via, the Fastcurve Services Pvt Ltd Service any disruptive computer program code, virus, ‘denial of service’ or ‘spam’ attack, worm, Trojan horse, authorisation key, license control utility or software lock;

g) remove, alter or replace any notices of authorship, trademarks, business names, logos or other designations of origin on the Fastcurve Services Pvt Ltd Service or pass off or attempt to pass off the Fastcurve Services Pvt Ltd Service as the product of anyone other than Fastcurve;

h) use any automated computer program or application to scan, copy, index, sort or otherwise exploit the Fastcurve Services Pvt Ltd Service or any part thereof.

Where you sign up to any feature of, or use, the Fastcurve Services Pvt Ltd Service that requires the use of a log-in account or password, you agree that you shall be responsible for keeping those password and log-in details confidential and secure. If you become aware, or suspect for any reason, that the security of your log-in details has been compromised, please let us know here as soon as you can.

To the extent that any element of the Fastcurve Services Pvt Ltd Service is hosted on a third-party website (for example, Facebook or another social media website) and there are separate terms and conditions of use relating to that third party website, you agree to fully comply with such terms and conditions.

Sharing information with us

We take your privacy seriously and operate at all times in accordance with applicable data protection laws. You acknowledge that any personal data (as defined in our privacy policy) which you submit to or via the Fastcurve Services Pvt Ltd services may be used by us in accordance with our privacy policy. You agree to ensure that all personal data you provide to us is accurate and up to date and that you have obtained all consents, licenses or approvals necessary to enable us to use that information in accordance with these Terms, our community guidelines and with our privacy policy.

To the extent that the Fastcurve Services Pvt Ltd services allow you to post, upload, transmit or otherwise make available any information, images, video, or other data with Fastcurve or other Fastcurve users (“User Content”), you agree that:

a) you are solely responsible for the User Content that you upload and you represent and agree that you will not share anything which you do not have the permission or right to share and which you cannot grant the license referred to in paragraph (b) below in respect of;

b) although all intellectual property rights subsisting in any User Content will be owned by you or your licensors and you are always free to share your User Content with anyone else, you hereby grant Fastcurve and the Fastcurve Group Companies a non-exclusive, perpetual, royalty-free, worldwide, transferrable and sub-licensable right to host, use, reproduce both electronically and otherwise, publicly display, distribute, modify, adapt, publish, translate, and create derivative works from any and all such User Content (in accordance with our Privacy Policy) including for the purposes of advertising and marketing the Fastcurve Services and/or Fastcurve Platforms. For example, we may make User Content available to our business partners or other Fastcurve Group Companies to display on their own sites. You are in control of the User Content you upload to the Fastcurve Services and can terminate this license any time by either deleting the User Content or your Fastcurve account. Deleted User Content will be promptly removed within 48 hours of deletion.

c) we are under no obligation to store, retain, publish or make available any User Content uploaded by you and that you shall be responsible for creating backups of any such User Content if necessary. To the extent that you provide us with any suggestions, comments, improvements, ideas or other feedback (“Feedback”), you hereby irrevocably assign ownership of all intellectual property rights subsisting in that feedback to us and acknowledge that we can use and share such Feedback for any purpose at our discretion. You can provide feedback to us by clicking on the ‘Feedback’ tab or here.

Fastcurve’s property

Except as set out elsewhere in these Terms, all intellectual property rights including, but not limited to, copyright (including copyright in computer software), patents, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in the Fastcurve Services and Platforms (together, the “Intellectual Property Rights”) are owned by or licensed to Fastcurve . You acknowledge that by using the Fastcurve Services and/or the Fastcurve Platforms, you will not acquire any right, title or interest in or to Fastcurve Services Pvt Ltd services or in or to the Intellectual Property Rights except for the limited license to use the Fastcurve Services and Fastcurve Platforms granted to you pursuant to these Terms. You further acknowledge that you have no right to have access to any aspect of the Fastcurve Services Pvt Ltd services in source-code form.

Other people’s property

We respect the intellectual property rights of others. If you have reason to believe that your copyright is being infringed by any content on the Fastcurve Services and/or Fastcurve Platforms, please send a written notification of such infringement by contacting us here.

Your liability to us

Subject to these Terms, you will be responsible and liable to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by us or the Fastcurve or Fastcurve Group Companies, and each of our officers, directors, employees and agents, arising out of, or in any way connected with, your use of the Fastcurve Services Pvt Ltd Services or breach of these Terms.

Subscriptions

Plan Types: We offer free (Trial) options and paid subscriptions. You may purchase a “Self-Managed” or plan (you do self sign up and pay online) or an “Enterprise” plan (sales representative assists you and execute an individualized agreement). Advertised prices and features may change.

Fees: During your subscription period and any renewal periods, you are required to pay all payments (including any applicable taxes). A fixed monthly, yearly, or other periodic cost, along with variable fees for transactions or usage, may be included in our fees. We might occasionally change the cost. Any time a fee changes, we'll try to let you know before your next billing period. You have the option to cancel your subscription in accordance with this Agreement if you do not want to accept a pricing change..

Free Trials and Discounts: We occasionally provide discounted or free subscriptions. If you haven't cancelled your paid subscription before the conclusion of the free trial period, you must pay the full periodic charge. You must pay the lower charge if we offer a discount for the initial subscription period; any subsequent renewals need full payment.

Refund Policy: Self-Serve subscribers who purchase plans directly may cancel and get a full refund of their initial purchase within thirty (15) days of making the plan purchase, subject to the provisions of this agreement.

Exceptions to our refund policy include:
a) Purchases made through apps;
b) Attempts to abuse the refund policy (by continually subscribing and asking refunds);
c) Renewals of subscriptions or changes to other plans;
d) Fees not related to subscriptions;
e) Requests that are submitted after the deadlines;
f) Customers that have violated this Agreement, had their accounts cancelled in accordance with our Copyright Policy;
g) Joined via a promotion that explicitly disclaimed our refund policy;
h) Started a chargeback dispute;
i) or are subscribers to our Enterprise plan.

Automatic Renewal: Subscriptions automatically renew at the end of each subscription period unless cancelled in advance, to the extent permitted by relevant legislation & if subscriber has chosen auto renew options. When each renewal period begins, you must pay the renewal period cost (plus any applicable taxes). 

How to Decline Renewal: Self-Serve subscribers can change their account settings to prevent automatic renewal. Customers of the Enterprise plan may withdraw. The current subscription period will not be impacted by any opt-out or notice of non-renewal. Renewals might be rejected by us. Some regions might not have auto renewal choices.

Lapse Policy: The account will still be live for admin after a subscription expires. Paid features, however, won't be available anymore. You are in charge of keeping a copy of your content. Any content loss will not be our responsibility. We may release more recommendations on how to handle expired subscriptions. These guidelines simply outline current procedures and do not impose any obligations on us to disclose post-subscription account status at any level.

In-App Purchase: We might let you buy subscriptions inside of Apps. You will not be charged by us when you make such "in-app" transactions. Instead, the app platform will do so. Go to your platform's account settings to disable subscription auto-renewal. Purchases made through apps are not subject to our refund policy. The app platform should be contacted with any billing questions.

Resale: Only after we have given you our written consent in writing may you sell, resell, rent, lease, or distribute any plan or any other portion of our Services to any third party. For non-payment to the reseller or any breach of the limitations outlined in this Agreement, we reserve the right to suspend or cancel accounts purchased from approved resellers.

Shipping & return: No special provisions for shipping & retuen for digital products & services. Delivery of requested plans are immediate or as identified by plan or agreement. Whereas return is handles by refund terms.

Termination

This Agreement is effective the first time you use our services and is in effect for the duration of that use or, if longer, the time that you have an account with us. Paid accounts will remain active for the duration of the subscription period and renew as described in "Subscriptions" section. Free users are those who do not have a subscription plan, and (a) We may terminate this Agreement at any time by giving thirty (30) days' written notice, and (b) relevant users may terminate at any time by deactivating their accounts.

If you violate this Agreement, we may, at its discretion, take the following actions: (a) immediately terminate this Agreement with or without prior written notice; (b) restrict access to your account (and any other accounts you control) or any content therein; and (c) to the extent permitted by applicable law, retain any amounts owed to you (which you forfeit). You cannot register again if your account is deleted due to a breach.

Fastcurve may in its absolute discretion immediately terminate any agreement with you under these Terms at any time upon notice of fifteen (15) days' to you and/or, if you have a log-in account, by cancelling your membership and your access to your account, and removing any User Content you have uploaded to the Fastcurve Services Pvt Ltd.

Fastcurve may suspend your use of the Fastcurve Services Pvt Ltd in whole or in part without notice at any time, for example to prevent you from uploading any User Content, without incurring any liability to you whatsoever.

General provisions

You acknowledge that your unauthorised use of the Fastcurve Services Pvt Ltds may result in irreparable damage and injury to Fastcurve and/or its affiliates or licensors for which money damages would be inadequate. Consequently, in the event of such unauthorised use, we and our affiliates and/or licensors (as applicable) shall have the right, in addition to any other legal remedies available, to seek an immediate injunction against you prohibiting any further use of the Fastcurve Services Pvt Ltds.

The invalidity or unenforceability of any provision (in whole or part) of these Terms shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these Terms.

These Terms are personal to you. You shall not be entitled to assign these Terms in whole or in part to any third party without our prior written consent.

These Terms represent the entire agreement between us and you and supersede and replace all and any previous terms, conditions, agreements and arrangements in respect of your use of the Fastcurve Services Pvt Ltds.

We will act promptly to any indications of User Content that is in breach of these Terms. Where you know of or suspect any illegal activities, or know of or suspect that works belonging to you have been infringed, please contact us here.

Any failure by us to enforce any of these Terms shall not be considered to be a waiver of them or the right to subsequently enforce any of these Terms.

A person who is not a party to these Terms shall have no right to enforce any provision of these Terms. Irrespective of the country from which you access or use the Fastcurve Services Pvt Ltds, to the extent permitted by law these Terms and your use of the Fastcurve Services Pvt Ltds shall be governed in accordance with the laws of India and you are deemed to have submitted to the non-exclusive jurisdiction of the courts of India to resolve any disputes which may arise hereunder.

Contact us

If you require further information about Fastcurve or have any suggestions concerning how to improve the Fastcurve Services Pvt Ltds, please contact us here. Alternatively, you can write to us at support@fastcurveservices.com