All products and services hereunder are provided by CryptoDATA Tech S.R.L, a company registered under the laws of Romania at the Trade Registry with the number J40/10924/2019 and having its headquarters at 14 Gheorghe Buciumat Soldier Street, Garret, 1st District, Bucharest, Romania.
Henceforth, "CRYPTODATA" or "we," "us," or "our" refers to CryptoDATA Tech SRL and “Customer”, "you" or "your" refers to the person or entity that is the customer of record.
By placing an order through our website, you warrant that:
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
- (a) you are legally capable of entering into binding contracts; and
- (b) you are at least 18 years old.
Depending on your order, this agreement is applicable when purchasing (i) a device that is designed for use exclusively on CRYPTODATA's network ("Equipment") and (ii) communication services via Blockchain Protocol from CRYPTODATA. As such, you may purchase specific equipment together with services to use such devices or you may purchase only a subscription to the services provided by CRYPTODATA.
For the avoidance of any doubt, this Agreement is applicable only to the services and equipment purchased on the website https://cryptodata.ro. In case that you purchased our products and services on other websites, please refer to the seller of the corresponding website for any claims relating to warranty, technical issues, right to return etc.
I. GENERAL TERMS
CUSTOMER´S TERMS AND CONDITIONS
Products and services furnished by CRYPTODATA are sold only on the terms and conditions stated herein, notwithstanding any different or additional terms or conditions stated on customer´s purchase order or other documents. CRYPTODATA´s performance of any contract is expressly made conditional on customer´s agreement to the terms and conditions stated herein unless otherwise specifically agreed to in writing by CRYPTODATA. Further, customer´s acceptance of any product or service shall be deemed acceptance of the terms and conditions stated herein. The sale of products delivered by Seller in North America, Asia and Europe shall be governed by the laws of Romania, respectively, notwithstanding any conflict of laws principles. The United Nations Conventions on Contracts for the International Sale of Goods shall not apply.
CRYPTODATA DOES NOT ASSUME RESPONSIBILITY FOR THE COMPLIANCE OF ANY SPECIAL STATUTORY REQUIRMENTS OF THE DESTINATION COUNTRY AND/ OR NECESSARY TECHNICAL SPECIFICATIONS. IT IS IN THE FULL RESPONSIBILITY OF THE BUYER TO VERIFY THAT THE PRODUCTS PURCHASED FROM CRYPTODATA ARE COMPLYING WITH THE LEGISLATION OF THE DESTINATION COUNTRY. CRYPTODATA WILL NOT REFUND THE PRICE OF THE EQUIPMENT, NOR THE PRICE OF THE SHIPPING IF THE EQUIPMENT IS DENIED ENTRY INTO THE COUNTRY OR IF THE SERVICES ARE DEEMED NOT COMPLIANT WITH THE LEGISLATION OF THE DESTINATION COUNTRY.
If you are a natural person entering into this Agreement in the European Union, you have a statutory right to cancel the Agreement within 14 days from delivery of the Equipment or, if only services are purchased, 14 days since the activation of the services. Afterwards, you have 14 days to return the Equipment as per the conditions described in the below section.
You are also solely responsible for complying with any import laws and regulations of foreign countries when traveling internationally with your Equipment.
You have a legal obligation to take reasonable care of the Equipment and use it only in good faith while it is in your possession. If you fail to comply with this obligation and return the Equipment to us, we may have a right of action against you for compensation.
All orders placed by you are subject to acceptance by CRYPTODATA in accordance with these Terms and Conditions. Seller may in its sole discretion allocate products to its customers. Seller may designate certain products as "non-cancelable," “AS IS,” “final” and/or "non-returnable" and the sale of such products can be subject to special terms and conditions stated on the invoice or such notice to you.
When making a purchase, the Customer is required to provide real and correct information about its identity and the designated delivery location. Any inconsistencies in the information provided to CRYPTODATA is solely under the responsibility of the Customer. Therefore, any issue that may arise in front of authorities, transportation services provider, etc. shall be solely under the responsibility of the Customer to resolve. CRYPTODATA will not support any costs and will not appoint efforts to resolve the issues created by the Customer for not providing the correct identification or delivery information.
All prices are subject to the terms and conditions stated herein as well as any additional terms and conditions that may appear on the face hereof. In the case of a conflict between the terms and conditions stated herein and those appearing on the face hereof, the latter shall control. CRYPTODATA´s prices are subject to change without notice. Unless otherwise stated in writing by CRYPTODATA, all prices shall be exclusive of transportation, insurance, taxes (including, without limitation, any sales, use, value added, excise or similar tax, and any tax levied on or assessed to CRYPTODATA after product delivery by reason of CRYPTODATA´s retention of title as provided herein) license fees, customs fees, duties, premiums, fees and other charges. Any such taxes, fees and charges will at CRYPTODATA´s option be added to the price, paid directly by the customer or reimbursed by customer if paid by CRYPTODATA. Prices are for products only and do not include equipment, tools, dies, technical data, proprietary rights of any kind, patent rights or packaging (other than CRYPTODATA´s standard packaging), unless expressly agreed to in writing by CRYPTODATA.
When the price is paid in cryptocurrency, CRYPTODATA is not responsible for any of your improper misuse that lead for the cryptocurrency to not reach CRYPTODATA. You are the sole responsible for the accuracy and the payment methods used to send cryptocurrency to CRYPTODATA.
For the equipment ordered online the price needs to be paid in advance. For the services contracted, standard terms of payment are thirty (30) days from the date of invoice, unless otherwise specified in writing by CRYPTODATA. Buyer agrees to pay such invoice pursuant to its terms without the benefit of setoff or deduction.
DELIVERY AND SHIPMENT
Delivery and shipment dates are estimates only, and CRYPTODATA does not guarantee delivery or shipment on or by such dates. CRYPTODATA will make reasonable efforts to observe its dates indicated for delivery or other performance. However, CRYPTODATA shall not be liable in any way because of any delay in performance hereunder due to unforeseen circumstances or to causes, beyond its control, including, without limitation, strike, lockout, embargo, riot, war, act of terrorism, fire, act of God, accident, failure or breakdown of components necessary to order completion, subcontractor, supplier or Customer caused delays, inability to obtain labor, materials or manufacturing facilities, or compliance with any law, regulation or order.
Performance shall be deemed suspended during and extended for such time as any such circumstances or causes delay its execution. When such circumstances or causes have been remedied, CRYPTODATA will make and you shall accept performance hereunder.
TRANSPORTATION AND RISK OF LOSS
Risk of loss or damage shall pass to you upon delivery of the products to the transportation company. Any damage caused in transit must be claimed back to the shipping provider. Confiscation or destruction of, or damage to products shall not release, reduce or in any way affect your liability to make payment therefore. All products must be inspected upon receipt and claims must immediately be filed with the transportation company when there is evidence of shipping damage, either concealed or external. Unless otherwise specified by CRYPTODATA in writing as used in the clauses appearing herein or attached hereto, “delivery” shall occur when the product is delivered at the, which shall be the point of manufacture. Customer is responsible for compliance with applicable export laws and obtaining the appropriate export licenses when reselling the products.
LIMITATION OF LIABILITY
The maximum liability, if any, of CRYPTODATA relating to products sold or services performed hereunder, including without limitation contract damages and damages for injuries to persons or property, whether arising from CRYPTODATA´s breach of these terms and conditions of sale, breach of warranty, negligence, strict liability, or other tort with respect to the products, or any services in connection with the products, shall be limited to an amount not to exceed the price of such products and/ or services. In no event shall CRYPTODATA be liable to customer or any third party based upon breach of warranty, breach of contract, negligence, strict tort liability or otherwise for any punitive, incidental, consequential, indirect or special damages, including without limitation lost revenues and profits, even if seller has been advised of the possibility of such damages. The right to recover damages within the limitations specified is customer´s exclusive alternative remedy in the event that the remedy provided herein fails of its essential purpose.
Design and technical specifications
The equipment will be supplied in line with the design and the technical specifications described in the order. Whilst every effort is made by the CRYPTODATA to ensure the accuracy the design and the technical specifications in relation to the Equipment purchased, CRYPTODATA accepts no liability for any damage or injury arising from any small, immaterial differences of the Equipment received. CRYPTODATA makes no guarantee that Equipment can be used for other communication purposes and will be solely in the responsibility of the customer to accept this risk. As such, the customer accepts that they have no claim whatsoever on CRYPTODATA, in the event of non-conformance of such products.
BE AWARE THAT INSTALLING OR USING ANY THIRD PARTY UNAUTHORIZED APPLICATION, SOFTWARE OR SCRIPT MAY RESULT IN COMPROMISING THE PRIVATE ENVIRONMENT THAT CRYPTODATA ENDEVOURED TO CREATE FOR YOUR EQUIPMET DEVICE. ALSO, USING A SIM CARD WILL AUTOMATICALLY RESULT IN SHARING INFORMATION TO YOUR NETWORK CARRIER PROVIDER, INCLUDING THE COMMUNICATION METADATA OR THE LOCATION OF YOUR EQUIPMENT/ DEVICE. ALSO, USE ONLY VERIFIED WIRELESS NETWORKS AS CURRENT TECHNOLOGIES CAN USE TRACKING TECHNOLOGIES OF YOUR DEVICE/ EQUIPMENT.
FOR THE AVOIDANCE OF ANY DOUBT, PURCHASING THE EQUIPMENT DOES NOT ENTAIL THAT CRYPTODATA IS OBLIGED TO PROVIDE YOU WITH THE SERVICES DESCRIBED UNDER SECTION III. IF THE SERVICES BECOME UNAVAILABLE, YOU CANNOT RETURN OR ASK FOR A REFUND ON THIS GROUND.
If you buy an Equipment from CRYPTODATA manufactured to be used on our network, you agree, and we rely on your agreement, that you intend it to be activated on our Service and will not resell or modify the Equipment, or assist anyone doing so.
If You use your own device for the Service, Your Device must be compatible with, and not interfere with our Services and must comply with all applicable laws, rules, and regulations.
You agree that you won't make any modifications to your Equipment or its programming to enable the Equipment to operate on any other system. CRYPTODATA may, at its sole and absolute discretion, modify the programming to enable the operation of the Equipment on other systems.
Any applications (including the cryptocurrency wallet application) and software approved by CRYPTODATA to be used with the Equipment are not subject to this Agreement, each following their own term and conditions.
Right to return
The right to return the Equipment is applicable only if the Equipment was delivered in a country member of the European Union or of the European Economic Area.
Please note that because the physical keys that comes with the Equipment represent by themselves security assets and are unique to the buyer of the device, CRYPTODATA does not want to be subject to any potential liability triggered from any tampering whatsoever with the Equipment and the physical key attached thereto. Hence, you will be refunded only after the Equipment is received by CRYPTODATA and only if the Equipment is presented in its sealed packaging as it was sent by to you CRYPTODATA.
If you wish to return a Product to us you may contact us via our website, by email, by telephoning the Customer Call Centre. We will then inform of you of the arrangements to return the Equipment to us.
Subject to the terms below, if you believe that an Equipment you have ordered from us is defective, you should contact us via our website or by email or by telephoning the Customer Call Centre.
In addition to your rights under the Contract and your statutory rights, the Equipment also comes with a manufacturer’s warranty. Details of the manufacturer’s warranty can be found with the documentation that comes with your product.
Warranty is confined to the first purchase of the CRYPTODATA product only & is non-transferable.
Proof of purchase (i.e. Purchase invoice or purchase receipt) along with corresponding model and/or the serial number of the unit must be presented when requesting service under warranty.
In case of repairs or replacement of any part/s of the unit, this warranty will thereafter continue and remain in force only for the unexpired period of the warranty. Replacement of parts would be purely at the discretion of CRYPTODATA alone. In case the replacement of the entire unit is being made, (subject to the sole discretion of CRYPTODATA), the same model shall be replaced and in the event such model has been discontinued, it shall be replaced with the model equivalent as deemed by CRYPTODATA.
The company or its authorized service center reserves the right to retain any part/s or component replaced at its discretion, in the event of a defect being noticed in the Equipment during warranty period. Where a warranty is provided, the product or part replaced becomes the property of CRYPTODATA.
This warranty will automatically terminate on the expiry of the warranty period as specified in the warranty table, even if the Equipment was not in use for any time during the warranty period for any reason.
- Damage or failure caused by unauthorized modification or alteration or if it is used for other than the intended purpose or caused by improper or reckless use, which shall be determined by our personnel.
- The unit shall be operated at input voltage and frequency as per the user manual. Any failure due to voltage / fluctuation beyond specified tolerance will not be covered under warranty.
- Consequential or resulting liability, damage or loss to property or life arising directly or indirectly out of any defect in the CRYPTODATA Equipment. The company’s obligation under this warranty shall be limited to repair of defective parts only under the warranty period.
- Warranty does not cover repair of any external accessories supplied by CRYPTODATA, installation & configuration of drivers, network & hardware optimizations.
- Damage caused by transportation and handling, including scratches, dents, chips, and/or other damage to the finish of your product, unless such damage results from defect in materials or workmanship and is reported within fifteen (14) days of purchase.
- If the product has not been installed, operated, maintained or used in accordance with the instructions and / or specifications given in the Operating Instruction Booklet provided with the product.
- Any defects, damage, malfunction or failure resulting from alterations, accident, misuse, abuse (spurious/fake accessories, screen cracks, forcible attachment into USB port resulting in damage of pins, using liquids or non-recommended cleaners on screen, etc.), fire, liquid spillage, miss-adjustment of controls, use on an incorrect voltage, power surges and dips, thunderstorm activity, voltage supply problems, tampering or unauthorized repairs by any persons, use of defective or incompatible accessories, the operation of a any malware, exposure to abnormally corrosive conditions, unauthorized repair or maintenance, contamination with any insects, vermin or foreign object in the Equipment.
- Damage or missing items, e.g. display, unauthorized disassembling.
- Warranty doesn’t cover any compatibility and connectivity issue
Replacement unit or parts may be new or remanufactured service exchanges that are equivalent to new in performance and reliability.
If the serial number is defaced, missing or illegible, the warranty with CRYPTODATAE is null and void.
During the repair process it is possible that any stored data may be lost so it is strongly recommended that your backup any important data and media files before requesting a service. CRYPTODATA will not be responsible for any data corruption or loss whatsoever caused during the repair process.
Without prejudice to any statutory right, the customer shall be responsible for any shipping, customs and import and export charges. CRYPTODATA will not be responsible for any damage caused in route to the service center. Any damage caused in transit must be claimed back to the shipping provider.
How can I use the software?
The software, interfaces, documentation, data, and content provided for your Equipment as may be updated, downloaded, or replaced by feature enhancements, software updates, system restore software or data generated or provided subsequently by CRYPTODATA (hereinafter "Software") is licensed, not sold, to you by CRYPTODATA and/or its licensors/suppliers for use only on your Equipment. Your use of the Software shall comply with its intended purposes as determined by us, all applicable laws, and CRYPTODATA's Acceptable Use Policy.
You are not permitted to use the Software in any manner not authorized by this License. You may not (and you agree not to enable others to) copy, decompile, reverse engineer, disassemble, reproduce, attempt to derive the source code of, decrypt, modify, defeat protective mechanisms, combine with other software, or create derivative works of the Software or any portion thereof. You may not rent, lease, lend, sell, redistribute, transfer or sublicense the Software or any portion thereof. You agree the Software contains proprietary content and information owned by CRYPTODATA and/or its licensors/suppliers.
CRYPTODATA and its licensors/suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use or access to, or disable access to, the Software at any time without notice and will have no liability for doing so. You acknowledge CRYPTODATA's Software licensors/suppliers are intended third party beneficiaries of this license, including the indemnification, limitation of liability, disclaimer of warranty provisions found in this Agreement.
III. COMMUNICATION SERVICES VIA BLOCKCHAIN PROTOCOL
Subject matter of this section is the provision of communication services via Blockchain Protocol (“Services”) which will be provided by CRYPTODATA on a best effort basis. The Services allow users to communicate fully encrypted, all information, text, voice, media, documents are sent peer to peer and end to end encrypted.
The Services CRYPTODATA services may be used with: (a) the Equipment purchased from CRYPTODATA and/or (b) other mobile device assigned to your account ("Device").
When providing the Services, we may remotely change software, systems, applications, features or programming on your Equipment and Device without notice. These changes will modify your Equipment/ Device and may affect or erase data you have stored on your Equipment/ Device, the way you have programmed your Equipment/ Device, or the way you use your Equipment/ Device. You will not be able to use your Equipment/ Device during the installation of the changes.
How Does CRYPTODATA Service Work?
In order to use the Services, the Equipment or Device needs to be connected to the internet. CRYPTODATA does not provide nor guarantee availability of wireless network required for the Equipment or Device to be used for its features. Services may be subject to certain Device and compatibility/limitations including memory, storage, network availability, coverage, accessibility and data conversion limitations.
Services (including without limitation, eligibility requirements, plans, pricing, features and/or service areas) are subject to change without notice.
The provision of the Services may depend upon Device characteristics, network, network availability and coverage levels, tasks, file characteristics, applications and other factors. Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use and capacity constraints.
Term of Service
Your Agreement begins on the day we activate your Service(s) and continues through the Term of Service, typically a 12 month or 24 month period ("Service Commitment"), specified in your order. At the end of your service commitment, this Agreement will automatically continue on a month-to-month basis. Alternatively, if our Agreement has no Service Commitment, it is a month-to-month Agreement.
After you purchase the Services, you agree to activate them via your equipment within seven (7) days of the shipment date. If the Services are not activated, these will be activated within a month of shipping and your monthly recurring charges, and any applicable Service Commitment, will begin.
If you purchased only the services, these will be automatically activated after payment confirmation.
There are two alternative ways to fulfill your Service Commitment. You can pay for the Services described in your Customer Service Summary for the term of your Service Commitment, or you can terminate your Agreement prior to the end of your Service Commitment and pay an Early Termination Fee ("ETF"). The Early Termination Fee is not a penalty, but rather is an alternative means for you to perform your obligations under the Agreement that partially compensates us for the fact that you do not want to follow the Service Commitment.
Your Termination Rights
Within the first 14 days after service activation, you may terminate your Agreement for any reason and not be required to pay an ETF. However, you agree to pay CRYPTODATA for all fees, charges, and other amounts incurred and owed under your Agreement, and you agree to return to CRYPTODATA any Equipment you purchased from CRYPTODATA in connection with your Service Commitment. If Equipment is used or damaged in whatever way, you will bear the loss in value of the product and CRYPTODATA will refund only what is the difference from the amount paid and the loss in value of the product, as per the above Section II.
After your Service Commitment ends and you are on a month-to-month Agreement, you may terminate your Agreement at any time with 30 days’ notice without incurring an ETF. If you sign a new Agreement before the end of the term of your existing Agreement and terminate that new Agreement within 14 days as allowed above, you agree that you will be bound by the terms and conditions of your existing Agreement including fulfillment of any remaining Service Commitment thereunder.
CRYPTODATA's rights to terminate the Agreement
CRYPTODATA may interrupt, suspend or cancel your Services and terminate your Agreement without advance notice for any reason including, but not limited to, the following:
- Any conduct that we believe violates this Agreement or CRYPTODATA's Acceptable Use Policy;
- Any conduct that involves the use of abusive, derogatory, insulting, threatening, vulgar or similarly unreasonable language or behavior directed at any of our employees or representatives whether it be in person, over the phone, or in writing;
- Any abusive use of our network or Services;
- You use your Device/Equipment and/or our Services for an unlawful or fraudulent purpose;
- You use your Device/Equipment and/or our Services in any way that: (a) is harmful to, interferes with, or negatively affects our network, other customers, or the network of any other provider, (b) is harmful to, interferes with, or negatively affects our Services or operations, (c) infringes intellectual property rights of CRYPTODATA or others, (d) results in the publication of threatening, offensive or illegal material, or (e) generates spam or other abusive messaging or calling, a security risk, or a violation of privacy;
- You resell our Services either alone or as part of any other good or service;
- You fail to make all required payments when due;
- We discover that you are underage; or
- You modify your device from its manufacturer's specifications.
- At any time with a thirty-day prior notice
CRYPTODATA's rights under this section are in addition to any specific rights that we reserve in other provisions of this Agreement to interrupt, suspend, modify, or cancel your Services and terminate your Agreement.
From time to time we might make changes to this Agreement. This could include charges, discounts, coverage, technologies, and other Service terms. We commit that we’ll provide you with notice either in your monthly bill or via e-mail.
How will I receive my bill?
You will receive an electronic (paperless) bill at CRYPTODATA's online account management site or via e-mail. You are required to keep your email address current and to notify us immediately of any change in your email address.
You are responsible for paying all charges for or resulting from Services provided under this Agreement, including any activation fee that may apply. You will receive monthly bills that are due in full.
What if I fail to pay my CRYPTODATA bill when it is due?
Your services will be suspended and you agree that for each bill not paid in full by the due date, CRYPTODATA may charge and you will pay a late payment fee of EUR 25 or the equivalent in cryptocurrency.
What if my Equipment /Device is lost or stolen?
It is your responsibility if your Equipment or Device is lost or stolen. In such cases, please use the online guide to see if there is a possibility to recover certain information from the blockchain framework, when possible. Please note that CRYPTODATA does not offer back-up services for your Equipment or Device
While your Services are suspended you will remain responsible for complying with all other obligations under this Agreement, including, but not limited to, your monthly fee. We both have a duty to act in good faith in a reasonable and responsible manner including in connection with the loss or theft of your Device.
What are the limitations on service and liability?
Unless prohibited by law, the following limitations of liability apply. Service may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, coordination with other systems or equipment modifications and repairs, etc.
Internet access is required and you are solely responsible for arranging for or obtaining all such requirements. CRYPTODATA is not responsible for any consequential damages caused in any way by other items/requirements for which you are responsible.
WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE. WE CANNOT ASSURE YOU THAT YOU CAN PLACE AN URGENCY CALL. CRYPTODATA MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY, SECURITY, OR PERFORMANCE REGARDING ANY SERVICES, SOFTWARE OR GOODS, AND IN NO EVENT SHALL CRYPTODATA BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any:
- mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the Services or Software provided by or through us;
- damage or injury caused by the use of Services, Software, Equipment or Device, including use in a vehicle;
- damage or injury caused by a suspension or termination of Services or Software by CRYPTODATA; or
- damage or injury caused by failure or delay in connecting a call emergency services (e.g. 112, 911, etc).
Our liability to you for Service failures is limited solely to a credit equal to a pro-rata adjustment of the monthly Service fee.
Unless prohibited by law, CRYPTODATA isn't liable for any indirect, special, punitive, incidental or consequential losses or damages you or any third party may suffer by use of, or inability to use, Services, Software, Equipment or Devices provided by or through CRYPTODATA, including loss of business or goodwill, revenue or profits, or claims of personal injuries.
To the full extent allowed by law, you hereby release, indemnify, and hold CRYPTODATA and its officers, directors, employees and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, service provided by CRYPTODATA or any person's use thereof (including, but not limited to, vehicular damage and personal injury), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF CRYPTODATA, or any violation by you of this Agreement. This obligation shall survive termination of your Service with CRYPTODATA. CRYPTODATA is not liable to you for changes in operation, equipment, or technology that cause your Device or Software to be rendered obsolete or require modification.
How can I use My CRYPTODATA service?
All use of CRYPTODATA's network and Services is governed by this Agreement and by CRYPTODATA's Acceptable Use Policy, as determined solely by CRYPTODATA. CRYPTODATA can revise its Acceptable Use Policy at any time without notice by updating this posting.
Who is responsible for security?
CRYPTODATA ensures security only for the Services it provides by using Blockchain Protocol for data encription. Managing your Equipment/ Device is solely your responsibility.
What are the intended uses of CRYPTODATA's services?
Certain activities and uses of the network by users can negatively impact the use of the network by others. Therefore, certain activities and uses of CRYPTODATA's Services are permitted and others are prohibited. The terms and conditions of your use of CRYPTODATA's wireless data service are set forth below.
Permitted Activities. CRYPTODATA's Services are intended to be used for the following permitted activities: (i) web browsing; (ii) email; and (iii) personal communication; (d) uploading and downloading applications and content to and from the Internet, and (e) using applications and content without excessively contributing to network congestion.
You agree to use CRYPTODATA's Services only for these permitted activities.
Prohibited Activities: CRYPTODATA's Services are not intended to be used in any manner which has any of the following effects and such use is prohibited if it: (a) conflicts with applicable law, (b) hinders other customers' access to the network, (c) compromises network security or capacity, (d) excessively and disproportionately contributes to network congestion, (e) adversely impacts network service levels or legitimate data flows, (f) degrades network performance, (g) causes harm to the network or other customers, or (h) is resold either alone or as part of any other good or service.
The following specific uses of CRYPTODATA's Services are prohibited:
- CRYPTODATA's Services may not be used in any manner that defeats, obstructs or penetrates, or attempts to defeat, obstruct or penetrate the security measures of CRYPTODATA's network or systems, or another entity's network or systems; that accesses, or attempts to access without authority, the accounts of others; or that adversely affects the ability of other people or systems to use either CRYPTODATA's wireless services or other parties' Internet-based resources. For example, this includes, but is not limited to, malicious software or "malware" that is designed, intentionally or unintentionally, to infiltrate a network or computer system such as spyware, worms, Trojan horses, rootkits, and/or crimeware; "denial of service" attacks against a network host or individual user; and "spam" or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk e-mail).
- CRYPTODATA's Services may not be used in any manner that has the effect of excessively contributing to network congestion, hindering other customers' access to the network, or degrading network performance by maintaining a sustained and continuous connection. For example, this includes, but is not limited to, server devices or host computer applications such as continuous Web camera posts or broadcasts, automatic data feeds, or automated machine-to-machine connections; "auto-responders," "cancel-bots," or similar automated or manual routines that generate excessive amounts of traffic or that disrupt user groups or email use by others; use of the service as a substitute or backup for private lines or full-time; peer-to-peer (P2P) file sharing services; and software or other devices that maintain continuous active Internet connections when a connection would otherwise be idle or any "keep alive" functions, unless they adhere to CRYPTODATA data retry requirements (as may be modified from time to time).
- CRYPTODATA's Services also may not be used with high bandwidth applications, services and content that are not optimized to work with CRYPTODATA's wireless data services and, therefore disproportionately and excessively contribute to network congestion. This includes, but is not limited to web broadcasting, and/or the operation of servers, telemetry devices, or supervisory control and data acquisition devices, unless they meet CRYPTODATA's optimization requirements.
You agree to use CRYPTODATA's Services only for these permitted activities.
CRYPTODATA's Rights to Ensure Compliance. You agree that CRYPTODATA has the right to take any and all actions necessary to enforce this section if you use CRYPTODATA's Services in any manner that is prohibited, including, but not limited to, the following actions:
- CRYPTODATA may modify, without advance notice, the permitted and prohibited activities, and the optimization requirements for your Services;
- CRYPTODATA may engage in any reasonable network management practice to enhance customer service, to reduce network congestion, to adapt to advances and changes in technology, and/or to respond to the availability of wireless bandwidth and spectrum;
- CRYPTODATA may interrupt, suspend, cancel or terminate your wireless data services without advance notice.
IV. OTHER TERMS THAT APPLY THIS AGREEMENT
Terms and conditions for certain features and applications are provided on the Equipment at the time of feature/application activation or first use.
If any provision of this Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.
The original version of this Agreement is in the English language. Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version.
Events outside of our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks
- the acts, decrees, legislation, regulations or restrictions of any government; and
- pandemic or epidemic.
Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Choice of Law
All issues and questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by, and construed in accordance with, the laws of Romania, without giving effect to any choice of law or conflict of law rules or provisions (whether of Romania or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than of Romania.