Krypton™ Privacy and Security Device “Alpha Test” Terms of Service
In this and in all of our agreements we will place a basic breakdown of the language above each paragraph…IN CAPS…LIKE THIS. So that you can get a basic understanding of our intent prior to reading the ‘legal-eze’ we are required give you.
We never intend to do anything to compromise our relationship with you and this is just a way to keep you informed and to try and make it easier on us all to have a good relationship. So here goes:
Terms of Service
THIS IS THE LEGAL AND BINDING PART ONCE YOU USE THE DEVICE. WE’LL DELIVER YOU A PRODUCT FOR THE ‘ALPHA TEST’ PERIOD. YOUR OBLIGATION BEGINS…YOU GUESSED IT…WHEN WE DELIVER THE DEVICE TO YOU AND YOU PLUG IT IN…AND…IT ENDS WHEN WE PICK UP THE DEVICE (OR YOU MAIL IT ETC…). IF YOU DON’T AGREE, PLEASE DON’T USE THE DEVICE. (BUT WE WANT YOU TO USE THE DEVICE…SO IF YOU HAVE AN ISSUE WITH SOMETHING PLEASE REACH OUT SO WE CAN FIND A SOLUTION).
YOU HAVE TO BE 18 TO AGREE TO THIS, AND YOU CAN’T HAVE SOME LEGAL OR OTHER REASON THAT BARS YOU FROM USING THE DEVICE.
To agree to use the Device you must be: a) of legal age to form a binding contract with FeyziLogic Co, and b) cannot be a person barred from receiving the Service/Device under the laws of the United States or other applicable jurisdiction, including the country in which you reside or from where you use the Service. If you are using the Service on behalf of an organization, you represent and warrant to us that you have the power and authority to enter into this Agreement for that organization. By accepting these TOS you represent that you understand and agree to the foregoing.
WE MAY UPDATE THE TERMS OF SERVICE OCCASIONALLY AND YOU AGREE TO BE BOUND BY THE CHANGES. YOUR CONTINUED USE OF THE DEVICE SAYS “I AGREE”.
FeyziLogic Co. may update or change these TOS from time to time and recommends that you review the TOS on a regular basis at www.feyzilogic.com/alphatermsofservice. You understand and agree that your continued use of the Device after the TOS has changed constitutes your acceptance of the TOS as revised.
DESCRIPTION OF THE SERVICE/DEVICE
YOU MAY NEED SPECIAL EQUIPMENT (OTHER THAN WHAT WE PROVIDE) TO USE THE DEVICE AND SERVICE.
Use of the Service may require one or more compatible devices, such as a modem and router, and broadband Internet access.
Limitations on Use
YOU CAN USE THE DEVICE UNTIL WE ASK FOR IT BACK.
You agree to use the Device only for purposes as permitted by these TOS and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction until the end of the Alpha Test period or until such time as you are notified by a representative of FeyziLogic Co. to the return the Device.
Availability of Service
THIS IS AN ALPHA TEST PHASE OF THE PRODUCT AND SERVICE. THERE MAY BE BUGS TO WORK OUT ON OUR END. WE’LL DO OUR ABSOLUTE BEST TO KEEP THEM TO A MINIMUM AND KEEP THE SERVICE UP AND RUNNING SMOOTHLY. YOU STILL MUST DO LEGAL THINGS ON YOUR INTERNET, AND IF YOU DON’T IT’S NOT OUR RESPONSIBILITY.
The Service, any promoted feature or part thereof, may or may not be available to you during the “Alpha Test” period. FeyziLogic Co. makes no representation of providing uninterrupted Service during the Alpha Test period. It is the purpose of the Alpha Test to check the functionality of many, if not all, aspects of the Device’s performance and other characteristics to the satisfaction of FeyziLogic Co. FeyziLogic Co. will use reasonable efforts to inform you if there is any activity, interruption or otherwise that is planned or unplanned that could affect your Service. It is the intention of FeyziLogic Co. to demonstrate the superior functionality of the Device, so we will do what we can to make sure your experiences with the Device and Service is exemplary. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws and regulations, including, but not limited to, any applicable local laws and regulations.
YOUR USE OF THE SERVICE
YOU’RE TELLING US THAT YOU’RE AT LEAST 18 SO THAT YOU CAN LEGALLY GIVE US YOUR PERMISSION TO GIVE YOU SERVICE.
If you are using the Service/Device, you represent and warrant to us that you are at least 18 years of age and have the full and complete authority to install and use the Device in your home.
YOU AGREE TO USE THE DEVICE WITHIN THE CONSTRAINTS OF THE LAW AND IF YOU DON’T ABIDE BY THAT WE MAY SHUT OFF YOUR SERVICE.
***THIS IS REALLY REALLY IMPORTANT!*** WE DO NOT COLLECT PRIVATE DATA FROM YOU...EVER. WE DO TRACK WHEN THE DEVICE IS TURNED ON AND WHERE YOU ARE IN THE USA.
FeyziLogic Co. will collect, in connection with the Krypton™ Privacy and Security Device Alpha Test period, only the following information: 1) the date and time of the Device being either Armed or Disarmed, and 2) the IP of the location of service of the device and THAT IS ALL. FeyziLogic Co will communicate with the Device for the purposes of software upgrades other hardware health information. NO personal information is associated with these regular interval checkups. To reiterate, FeyziLogic Co. DOES NOT COLLECT ANY INFORMATION REGARDING KRYPTON™ USERS, INCLUDING PERSONAL INFORMATION, CREDIT CARDS, BROWSING HISTORY, BILLING INFORMATION, EMAIL ADDRESSES, FILES, WE DO NOT LOG DATA, STORE COOKIES OR ANY TYPE OF INFORMATION REGARDING WEB SURFING.
FILTERING, CONTENT AND CONDUCT
OUR DEVICE FILTERS CONTENT…THAT’S THE POINT!
A user who has Service provided by a Device using “Parental Control” or the upgraded “Security” features will have certain types of filtering enabled and thereby may have certain content blocked and, or receive additional information related to activity or content that has been blocked, scanned, filtered or in some other meaningful way reviewed and classified by FeyziLogic Co. This so-called “refined content” is part of the Service of Krypton™ and will, by definition, place limitations on the type of content that may be viewed.
LEGAL DEFINITIONS OF ‘CONTENT’ (I KNOW IT’S A LITTLE CRAZY) THAT SAYS THAT BASICALLY YOU ARE RESPONSIBLE FOR YOUR ACTIVITIES, WE ARE NOT.
"Content" means any information that may be generated, encountered, or transmitted through use of the Service, such as data files, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials. You understand that all Content, whether publicly posted or privately transmitted on the Service, is the sole responsibility of the person from whom such Content originated. This means that you, and not FeyziLogic Co., are solely responsible for and retain ownership of any Content you upload, download, post, email, transmit, or otherwise make available through your use of the Service whether or not the Content is filtered, flagged, scanned or rerouted by the Service. You understand that by using the Service it may still be possible to encounter Content that you find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. FeyziLogic Co. does its best to limit, within the predetermined confines of the specific type of Service utilized on the Device, the Content transmitted to the end user. FeyziLogic Co. does not guarantee the accuracy, integrity or quality of its Service during the Alpha Test period as it relates to Content. You understand and agree that your use of the Service and any Content that you send, receive, make or view is solely at your own risk.
Your Conduct for the Alpha Test period:
YOU AGREE NOT TO USE THIS SOFTWARE FOR BAD AND MALICIOUS REASONS. IF YOU DO AND WE FIND OUT ABOUT IT WE’LL CUT YOU OFF…THIS SEEMS REASONABLE TO US.
You agree that you will NOT use the Service to:
a. upload, download, post, email, transmit, or otherwise make available any Content that is unlawful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, or invasive of another’s privacy;
b. stalk, harass, threaten or harm another;
c. if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor's school, church, athletic team or friends;
d. pretend to be anyone, or any entity, you are not;
e. engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
f. forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the Service (“spoofing");
g. upload, post, email, transmit, or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
h. interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
i. plan or engage in any illegal activity; and/or
j. gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.
OUR TRADEMARKS ARE OURS AND PLEASE DON’T USE OR OBSCURE THEM.
Krypton™, FeyziLogic™, and FeyziLogic Co, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of FeyziLogic Co in the US and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.
THE SOFTWARE IS AND SHALL REMAIN OURS SOLELY. IT IS LICENSED (FANCY WORD FOR ‘LOANED’) TO YOU WHILE YOU HAVE THE SERVICE ACTIVE DURING THE ALPHA TEST PERIOD. YOU’RE NOT BEING GIVEN ANY RIGHTS TO IT, SO DON’T ATTEMPT TO COPY AND DISTRIBUTE IT OR DO ANYTHING ELSE WITH IT. THAT WOULDN’T BE COOL WITH US.
Krypton™ Device Software
Krypton™ uses software that we load onto the Device when you plug it in and begin using it. This software is NOT part of the Device, it is wholly owned by FeyziLogic Co. and its use by you is provisional and limited to the time period of the Alpha Test. We are NOT granting you a personal, exclusive, transferable, limited license, you do NOT have rights to sublicense. You DO have the right use such software (“Device Software”) as provided to you by FeyziLogic Co solely as a part of the Service, in accordance with these TOS, and as embedded on the device which you purchased.
FeyziLogic Co. Proprietary Rights:
WE WORKED (AND CONTINUE TO WORK) REALLY HARD TO MAKE THE DEVICE WORK WELL. YOU ACKNOWLEDGE THAT WE OWN ALL OF THE RIGHTS TO THE PRODUCT.
You acknowledge and agree that FeyziLogic Co. and/or its licensors own all legal right, title and interest in and to the Service, and any software provided to you as a part of and/or in connection with the Service, including, without limitation, the Device Software (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
KRYPTON USES A NUMBER OF OPEN SOURCE SOFTWARE COMPONENTS. WE ARE REQUIRED TO DISCLOSE THEM. LINK IN PARAGRAPH BELOW.
FeyziLogic includes several open source components in the Software. You agree to abide by the terms of the relevant licenses, as may be updated by FeyziLogic from time to time.
DON’T EXPORT OUR PRODUCT. LOTS OF LAWS AND RESTRICTIONS PERTAINING TO THIS.
Use of the Service and Software, including transferring, posting, or uploading data, software or other Content via the Service, may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries, including without limitation Cuba, Iran, North Korea, Sudan or Syria or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software or Service, you represent and warrant that you are not located in any such country or on any such list.
WE WILL CONTINUALLY UPDATE THE SOFTWARE AND INSTALL IT ON THE DEVICE WHEN YOU’RE NOT LOOKING! (ACTUALLY THIS WILL JUST HAPPEN SEAMLESSLY AND YOU SHOULDN’T EVER NOTICE ANYTHING HAPPENING)
As part of the Service, you may from time to time receive updates to the Software from FeyziLogic Co. that will be automatically downloaded and installed to the Device. These updates may include bug fixes, security enhancements or improvements, or entirely new versions of the Software. You agree that FeyziLogic Co.may automatically deliver such updates to you as part of the Service.
LINKS AND THIRD PARTY MATERIALS
WE MAY LINK YOU TO OTHER PEOPLE ON OCCASION. WE ONLY DO THIS IF WE THINK THERE MAY BE SOME VALUE FOR YOU THERE, BUT WE ARE NOT IN CONTROL OF WHAT THEY SAY OR DO SO THEREFORE CAN’T PROMISE WHAT YOU’LL SEE. WE WON’T SEND YOU ANYWHERE WE’D BE AFRAID TO GO…JUST SAYIN’.
Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because FeyziLogic Co. may have no control over such third party sites and/or materials, you acknowledge and agree that FeyziLogic Co. is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources.
LOTSA LEGAL MUMBO-JUMBO ABOUT WHAT WARRANTIES MAY APPLY TO YOU AND WHAT RISKS YOU FACE WITH THE SERVICE. WE FEEL THAT YOU SHOULD READ THIS…. IT’S IN ALL CAPS FOR A REASON!!! (NO WE’RE NOT YELLING)
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND SOFTWARE IS AT YOUR SOLE RISK AND THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FeyziLogic Co. AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FeyziLogic Co. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
WE’RE PRETTY MUCH TELLING YOU THAT WE ARE NOT LIABLE FOR DAMAGES FROM YOU USING THE DEVICE OR SERVICE. IT’S VERY SENSIBLE, BUT YOU SHOULD READ THIS TOO…
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT FeyziLogic Co. AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF FeyziLogic Co. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE OR SOFTWARE.
WE MIGHT CONTACT YOU WITH RELEVANT INFO…NEVER IRRELEVANT INFO!
FeyziLogic Co. may provide you with notices regarding the Service, including changes to these TOS, by email to your FeyziLogic Co. email address (and/or other alternate email address if provided), by regular mail, or by postings on our website and/or the Service.
WE’RE IN GEORGIA. LAWS OF GEORGIA APPLY.
Except to the extent expressly provided in the following paragraph, these TOS and the relationship between you and FeyziLogic Co. shall be governed by the laws of the State of GEORGIA, excluding its conflicts of law provisions. You and FeyziLogic Co. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of FULTON, Georgia, to resolve any dispute or claim arising from these TOS. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
THIS WRAPS UP A FEW LOOSE ENDS OF THE AGREEMENT.
These TOS constitute the entire agreement between you and FeyziLogic Co. with respect to the Service, govern your use of the Service and completely replace any prior agreements between you and FeyziLogic Co. in relation to the Service. If any part of these TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of FeyziLogic Co. to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to this agreement. Any translation of these TOS is provided as a courtesy and in the event of a dispute between the English and any non-English versions, the English version of these TOS shall govern. You agree that any claim or cause of action arising out of or related to these TOS or the use of the Service must be filed within one (1) year after the cause of action arose or be forever barred.
WE LOVE TO HEAR FROM YOU. DROP US A LINE. PLEASE.
Please feel free to contact us with any questions at firstname.lastname@example.org!