FastTrek User Agreement

IMPORTANT! READ CAREFULLY:

THIS IS A LEGAL AGREEMENT. BY CLICKING ON THE “I AGREE” (OR SIMILAR) BUTTON THAT IS PRESENTED TO YOU AT THE TIME OF YOUR FIRST USE OF THE FASTTREK SOFTWARE, SUPPORT, OR PRODUCTS, YOU BECOME A PARTY TO THIS AGREEMENT, YOU DECLARE YOU HAVE THE LEGAL CAPACITY TO ENTER INTO SUCH AGREEMENT, AND YOU CONSENT TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH BELOW.

1. PARTIES

1.1. “FastTrek” or “we” means FastTrek LLP, registered in England and Wales no. OC448350, with its registered office at 14 Acorn Place, Castleton, Cardiff, CF3 2WE, United Kingdom.

1.2. “Subscriber”, “User” or “you” means the individual paying for the subscription, who is also deemed to be the individual given the right to use a Product in accordance with this Agreement. For the avoidance of doubt, User is a natural person and not a corporation, company, partnership or association, or other entity or organization.

2. DEFINITIONS

2.1. “Affiliate” means, with respect to any party, any entity that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control of such party; “control” for such purposes means the possession, direct or indirect, of the power to direct or affect the direction of the management and policies of a person or entity, whether through the ownership of voting securities, by contract, or otherwise.

2.2. “Agreement” means this FastTrek User Agreement covering use of the Product by individual Users.

2.3. “Bug Fix Update” for a particular Product Version means a software update or release that is specifically identified by FastTrek as a bug fix for that Product Version.

2.4. “FastTrek Website” means any website that is the property of FastTrek, including but not limited to everything hosted under the top-level domain fasttrek.space.

2.5. “Machine” or “Device” means a computing device used by a User for running the Product.

2.6. “Personal Data” means any information relating to an identified or identifiable natural person.

2.7. “Privacy Policy” means the FastTrek Privacy Policy available at /privacy/, which may be updated from time to time.

2.8. “Product” means any generally available FastTrek software. We do not develop Products according to Customer’s specifications, nor are Products customized through modification or personalization.

2.9. “Product Version” means a release, update, or upgrade of a particular Product that is not identified by FastTrek as being made for the purpose of fixing software bugs.

2.10. “Subscription” specifies the subscription term, Products provided to Customer, subscription fees, and payment schedules.

2.11. “Subscription Confirmation” means an email confirming Subscriber’s rights to access and use Products, including Subscription plans, and stating the applicable use limitations for the Product (such as, for example, the number of Users and the license period).

3. GRANT OF RIGHTS

3.1. The Product is provided to Subscribers on a ‘single user’ basis, where Subscriber may deploy the Product on multiple Machines in accordance with the Product documentation. If Subscriber complies with the terms of this Agreement, FastTrek grants to Subscriber the rights set out in this Section 3 to the extent necessary to enable Subscriber to effectively use the Product. All other rights remain reserved by FastTrek.

3.2. Unless the Subscription has expired or this Agreement is terminated in accordance with Section 13, and subject to the terms and conditions specified in this Agreement, FastTrek grants you the non-exclusive and non-transferable right to use each Product covered by the Subscription as stipulated below:

(A) You may:

(i) install and use any version of the Product covered by the Subscription on any operating system supported by the Product; and

(ii) make one copy of the Product solely for archival, security, and/or backup purposes.

(B) You may not:

(i) allow the same Subscription to be used concurrently by more than one (1) User;

(ii) rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, or transfer the Product;

(iii) provide a third party with access to the Product or your FastTrek Account, or the right to use the Product;

(iv) reverse-engineer, decompile, disassemble, modify, translate, or make any attempt to discover the source code of, the Product; or

(v) remove or obscure any proprietary or other notices contained in the Product.

3.3. Section 3.2 also applies to Products not covered by the Subscription, with the exception of 3.2(B)(i); provided, that for Products governed by their own specific agreements or terms of use, those shall take precedence over this Agreement to the extent of any conflict or discrepancy.

3.4. Following the expiration of this Agreement, your access to the Product will cease.

3.5. FastTrek has and retains all rights, title, and interest, including all intellectual property rights, in and to the Products, any and all related or underlying technology, and any modifications or derivative works of the Products, including without limitation as they may incorporate Feedback (as defined below).

Due to the nature of the Products provided, usage of the Products is governed by this Agreement, the FastTrek Website Terms of Use available at /terms/, and the Purchase Terms available at /purchase-terms/.

5. ACCESS TO PRODUCTS

5.1. All deliveries under this Agreement will be electronic. Subscriber must have an Internet connection in order to receive any deliveries. Subscriber is responsible for downloading and installing the Products, which are made available for download on the FastTrek Website.

5.2. Subscriber may activate and access Product by entering their email addressed as provided during the purchase process, together with an activation code, emailed upon commencement of the subscription, when prompted in the software.

6. PERSONAL DATA

6.1. In connection with your use of Product(s), we and our associated companies will process Personal Data of you as a User and Subscriber, in particular, your contact and identification details, data about usage of our software and services, and information about your subscription and payments, for the following purposes:

6.1.1. To provide you with software, services or information;

6.1.2. To protect us from piracy and unlawful use of our software or services;

6.1.3. To improve our offerings based on usage;

6.1.4. For our internal records and to protect our rights and interests and those of other users;

6.1.5. To promote and market our software and services; and

6.1.6. To fulfil legal duties stipulated by accounting, taxation, and other laws.

You may object to the processing of your Personal Data for the purposes of 6.1.2 through 6.1.5 at any time. More detailed information about Personal Data processing for the above mentioned purposes and about your rights can be found in the Privacy Policy.

6.2. For the above purposes, FastTrek may collect, among other things, your IP address, email address, first name, last name, email address, and subscription information.

6.3. On installation and execution, the Product may send FastTrek certain information, which will not contain any Personal Data, including Product version, Product edition, and information about the operating system and/or environment where the Product is installed. A unique ID, which does not contain any Personal Data, is also used to distinguish instances. The Product can also check for available updates, as well as available updates for plugins or components. In addition, it can check for subscription validation, by using the activation details presented.

6.4. If you opt in to anonymous data collection through the Product, the Product may electronically send anonymous information to FastTrek related to your usage of the Product features. This information may include, but is not limited to, configuration, actions invoked, and other interactions with Product features, as well as the efficacy and effect of these features. This information will not contain your Personal Data, nor information about your Account or subscription information.

6.5. FastTrek is not responsible for any processing of Personal Data accidentally sent to FastTrek by the User.

6.6. You shall keep your Personal Data up-to-date, update the information, or if any inconsistencies arise report such inconsistencies to FastTrek.

7. FEEDBACK

You have no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). However, if you submit Feedback to us, then you grant us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, or publicly perform the Feedback in any manner without any obligation, royalty, or restriction based on intellectual property rights or otherwise.

8. THIRD-PARTY SOFTWARE

The Products include code and libraries licensed to us by third parties, including open source software (“Third-Party Software”). All Third-Party Software is provided to the User under the respective terms stipulated in the Product documentation.

9. SUBSCRIPTION TRIAL

9.1. Subject to the terms of this Agreement, User may be granted a one-time right to install and use the Product covered by the Subscription for evaluation purposes, without charge, for a period as specified in the Subscription (“Trial Period”). User’s use of the Product during the Trial Period shall be limited to internal evaluation and testing of the Product for the sole purpose of determining whether the Product meets User’s requirements and whether User wishes to continue using the Product.

9.2. User may end the Trial Period at User’s sole discretion any time. Upon the expiration of the Trial Period, User’s right to continue using the Product will terminate, unless User purchases a Subscription to the Product. Each Product contains a feature that will automatically disable the Product upon the expiration of the Trial Period.

9.3. Where the User has provided their payment details before starting the Trial Period, any Trial not explicitly cancelled will automatically convert into a paid subscription upon expiration of the Trial Period, and the full subscription amount due under the selected Subscription plan charged at that time.

10. WARRANTY LIMITATIONS

10.1. ALL PRODUCTS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PRODUCTS IS AT YOUR OWN RISK.

10.2. FASTTREK MAKES NO WARRANTY AS TO THE PRODUCTS’ USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FASTTREK (AND ITS AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS (INCLUDING THE PROVIDERS OF THIRD PARTY SOFTWARE), AND RESELLERS (COLLECTIVELY HEREUNDER, “FASTTREK PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT) WITH REGARD TO THE PRODUCTS AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.

10.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FASTTREK PARTIES DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS: (A) ARE ACCURATE, RELIABLE, OR CORRECT; (B) WILL MEET YOUR REQUIREMENTS; (C) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; (D) ARE FREE OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; AND/OR (E) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10.4. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT YOUR OWN RISK; YOU AGREE YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY AND/OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

10.5. YOU MAY HAVE OTHER RIGHTS, WHICH MAY NOT BE LIMITED OR EXCLUDED AND WHICH MAY VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO NEGATIVELY AFFECT SUCH RIGHTS.

11. DISCLAIMER OF DAMAGES

11.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FASTTREK PARTIES BE LIABLE TO YOU, YOUR AFFILIATES, USERS, OR ANYONE ELSE FOR: (A) ANY LOSS OF USE, DATA, GOODWILL, OR PROFITS, WHETHER OR NOT FORESEEABLE; (B) ANY LOSS OR DAMAGES IN CONNECTION WITH TERMINATION OR SUSPENSION OF YOUR ACCESS TO THE PRODUCTS IN ACCORDANCE WITH THIS AGREEMENT; OR (C) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER (EVEN IF THE RELEVANT FASTTREK PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), INCLUDING THOSE (X) RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT THEY ARE FORESEEABLE, (Y) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR (Z) ARISING FROM ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE PRODUCTS OR SUPPORT. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

11.2. THE TOTAL LIABILITY OF THE FASTTREK PARTIES IN ANY MATTER ARISING OUT OF OR IN RELATION TO THIS AGREEMENT IS LIMITED TO THE GREATER OF (A) TEN (10) US DOLLARS OR (B) THE AGGREGATE AMOUNT PAID OR PAYABLE BY SUBSCRIBER DURING THE ONE-MONTH PERIOD PRECEDING THE EVENT, FOR THE PRODUCTS GIVING RISE TO THE LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE FASTTREK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF LIABILITY EXCEEDING SUCH AN AMOUNT AND NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

12. TERM AND TERMINATION

12.1. The term of this Agreement will commence upon acceptance of this Agreement by User as set forth in the preamble above, and it will continue for each Product covered by a Subscription through the end of the applicable Subscription period specified in the respective Subscription Confirmation, or until terminated for Products not covered by a Subscription (unless specified otherwise by specific terms governing the use of such Product).

12.2. You may terminate this Agreement at any time via the Billing Dashboard. If such termination occurs during a Subscription period, this Agreement will continue to be effective until the end of that Subscription period.

12.3. FastTrek may terminate this Agreement and the associated Subscription if:

(A) User has materially breached this Agreement and fails to remedy the breach within thirty (14) days of written notice;

(B) FastTrek is required to do so by law (for example, where the provision of the Product to User is, or becomes, unlawful); or

12.4. FastTrek will make reasonable efforts to notify User via email (to the email address of the billing contact provided by Susbcriber) as follows:

(A) Thirty (14) days prior to termination of the Agreement in the event specified in Section 12.3(C);

(B) Three (3) days prior to termination of the Agreement in the event specified in Section 12.3(B).

12.5. Survival. Upon the expiration or termination of this Agreement, Sections 7, 8, 10, 11, and 14 of this Agreement survive.

13. TEMPORARY SUSPENSION

13.1. FastTrek reserves the right to suspend User’s access to FastTrek Products if:

(A) Subscriber fails to pay Subscription fees on time;

(B) User’s use of Product is in violation of this Agreement or disrupts or imminently threatens the security, integrity, or availability of a Product.

13.2. If FastTrek suspends User’s access to Products for non-payment in accordance with Section 13.1(A), Subscriber must pay all past due amounts in order to resume access to Product.

14. GENERAL

14.1. Entire Agreement. The following documents are part of (‘incorporated into’) this Agreement: the FastTrek Privacy Policy, available at /privacy/, and the FastTrek Terms and Conditions of Purchase, available at /purchase-terms/. Together, these documents form the entire agreement and replace any previous agreement between you and us in relation to its subject matter. Except as expressly mentioned, this Agreement does not apply or give rights to anyone else (‘no third-party beneficiaries’). No purchase order, Subscriber terms, or other document that purports to modify or supplement this Agreement will vary the terms of this Agreement unless signed by User and FastTrek.

16.2. Reservation of Rights. FastTrek reserves the right at any time to cease its support of the Product and to alter prices, features, specifications, capabilities, functions, terms of use, release dates, general availability, and other characteristics of the Product. Nothing in this Agreement limits any rights a consumer may have under applicable consumer protection laws.

16.3. Changes to this Agreement. The Agreement can be updated from time to time to reflect changes in the Product and how it is offered to you.

(A) If this happens, we will update the terms on the FastTrek Website and let you know either:

(i) by displaying them to you in the Product; or

(ii) by sending the updated version to the email address used for your subscription.

(B) Any updated Agreement will start (‘be effective’) on the date specified in the updated Agreement. By continuing to use the Product after the effective date, you agree to be bound by the modified Agreement.

(C) We respect that you may not agree to the updated Agreement. If that is the case, you can terminate your Subscription any time up to 30 days after the effective date of the updated Agreement. Termination according to this Section entitles you to a pro-rata refund of the pre-paid unused Subscription fees.

14.4. Opportunity to Review. Customer declares that they have had sufficient opportunity to review this Agreement, understand the content of all of its sections, negotiate its terms, and seek independent professional legal advice before entering into it. Consequently, any statutory “form contract” (“adhesion contract”) regulations shall not be applicable to this Agreement.

14.5. Severability. If a particular term of this Agreement is not enforceable, the unenforceability of that term will not affect any other terms of this Agreement.

14.6. Interpretation. Headings and titles are for convenience only and do not affect the interpretation of this Agreement. Terms such as “including” are not exhaustive.

14.7. No Waiver. Our failure to enforce or exercise any part of this Agreement is not a waiver of that section.

14.8. Notice. FastTrek may deliver any notice to User via electronic mail to an email address provided by User. Any such notice will be deemed to be effective on the day the notice is sent to User via email, irrespective of if and when User actually receives it.

14.9. Governing Law. This Agreement is governed by the laws of the United Kingdom, without reference to conflict of laws principles and specifically excluding the United Nations Convention on Contracts for the International Sale of Goods. The Parties to the agreement constituted by this Agreement undertake to use best commercial efforts to amicably settle any disputes arising hereunder (“Dispute”).

14.10. Jurisdiction. The courts of England and Wales shall have exclusive juridiction over any disputes arising out of or brought in connection with this Agreement.

14.11. Data Privacy. By accepting this Agreement, User acknowledges that FastTrek will process personal data in accordance with FastTrek’s Privacy Policy (available at /privacy/).

14.12. Force Majeure. Neither party to this Agreement shall be in breach of this Agreement, or otherwise liable to the other, by reason of any delay in performance, or non-performance, of any of its obligations under this Agreement (except payment obligations), arising directly from an act of God, fire, flood, natural disaster, act of terrorism, strike, lock-out, labor dispute, public health emergency, civil commotion, riot, or act of war.

14.13. Children and minors. If you are under 18 years old, then by entering into this Agreement you explicitly stipulate that (i) you have legal capacity to conclude this Agreement or that you have valid consent from a parent or legal guardian to do so and (ii) you understand the FastTrek Privacy Policy. You may not enter into this Agreement if you are under 13 years old. IF YOU DO NOT UNDERSTAND THIS SECTION, DO NOT UNDERSTAND THE FASTTREK PRIVACY POLICY, OR DO NOT KNOW WHETHER YOU HAVE THE LEGAL CAPACITY TO ACCEPT THESE TERMS, PLEASE ASK YOUR PARENT OR LEGAL GUARDIAN FOR HELP.

For further information, please contact us at [email protected].