Terms of Service
Last Updated: 20 September, 2024
Welcome to FastTrackr! These Terms of Service create a legal agreement between you and FastTrackr (gAI Ventures Private Limited), based in Bengaluru, and its affiliates ("FastTrackr," "we," "our," or "us"), governing your use of our products and website (referred to as the "Site" and collectively with the products, the "Services").
By registering for an account or accessing and using the Services, you acknowledge and agree that you have read, understood, and consent to be bound by these Terms of Service, whether or not you have registered. If you do not agree to these terms, you may not access or use the Services. These Terms of Service are effective as of the date you first use or access the Services.
Your submission of personal data to us or our collection of data about you is governed by our Privacy Policy ("Privacy Policy"), available at http://fasttrackr.ai/Privacy-Policy. By using the Services, you confirm that you have reviewed the Privacy Policy. The Privacy Policy is incorporated into these Terms of Service, together forming this "Agreement."
Please note: This Agreement outlines how disputes between you and FastTrackr can be resolved. It includes a binding arbitration provision and a waiver of class action rights (see Section 12). Please read carefully as it affects your legal rights, including, if applicable, your right to opt out of arbitration.
Our Services
FastTrackr provides a WhatsApp-based artificial intelligence assistant to users to manage emails and various other features.
Account, Password, and Security
To use the Services, you must register with FastTrackr and create an account ("Account"). During registration, you'll provide certain information, like your name and email address. You agree to provide accurate and complete information and to keep your Account information up to date. You're responsible for maintaining the confidentiality of your login, password, and other account information. You are solely responsible for all activities that occur under your Account. If you suspect unauthorized use of your Account, contact FastTrackr immediately. The person signing up for the Services will be the contracting party ("Account Owner") and solely responsible for complying with these Terms of Service. Your Account is not transferable. You must immediately notify us of any unauthorized use of your account.
Billing and Payment
Payment and expenses must be made through our third-party payment processing system (the "PSP") as indicated on the Services. By accepting these Terms of Service, you agree to the PSP Services Agreement. Prices and fees displayed for the Services are exclusive of applicable taxes.
Content
"User Content" refers to any data you provide to the Services. You're solely responsible for User Content and grant FastTrackr a license to use it. We make no guarantees regarding the accuracy of the Services' Output.
Representations and Warranties
You represent and warrant that you have the legal capacity to enter into this Agreement and will act in accordance with all applicable laws. You agree not to engage in prohibited activities, including unauthorized use of the Services and infringement of intellectual property rights.
Termination and Suspension
Either party may terminate these Terms of Service at any time. You may cancel your Account at any time without an expectation of a refund. We reserve the right to refuse Services to anyone and may terminate your access if we suspect a breach of this Agreement.
Intellectual Property Rights
All content on the Services is owned by FastTrackr. You may not use or reproduce any content without our consent.
Copyright Complaints
If you believe materials on the Services infringe your copyright, please contact our Copyright Agent at support@fasttrackr.ai with specific information.
Confidential Information
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of FastTrackr and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than using the Services in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall promptly notify FastTrackr in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to FastTrackr upon termination of this Agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of FastTrackr’s trade secrets, confidential and proprietary information, and all other information and data of FastTrackr that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary and confidential information relating to FastTrackr or FastTrackr’s business, operations or properties, including information about FastTrackr’s staff, users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
Disclaimer of Warranties
The services and outputs are provided on an “as is” basis without warranties or conditions of any kind, either express or implied, including, but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement. Fasttrackr makes no warranties or representations about the accuracy or completeness of the content provided through the services or the content of any sites linked to the services and assumes no liability or responsibility in contract, warranty or in tort for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services or output, (iii) any access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; and (iv) events beyond our reasonable control. Under no circumstances will fasttrackr and affiliates or their corporate partners be liable for any direct, indirect, incidental, actual, consequential, economic, special or exemplary damages (including but not limited to lost profits, loss of data, loss of goodwill, service interruption, computer damage, system failure, failure to store any information or other content maintained or transmitted by fasttrackr, or the cost of substitute products or services) arising in connection with your use of or inability to use the services or output, even if advised of the possibility of the same. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you in their entirety. If, notwithstanding the foregoing exclusions, it is determined that fasttrackr and affiliates or their corporate partners are liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the lower of (i) the total fees paid by you to fasttrackr during the six months prior to the time such claim arose or (ii) forty two dollars ($42), to the extent permitted by applicable law.
Indemnification
You hereby agree to indemnify, defend, and hold harmless FastTrackr and its officers, directors, employees, agents, attorneys, insurers, successors and assigns (the “Indemnified Parties”) from and against any and all Liabilities incurred in connection with (i) your use or inability to use the Services or Output, or (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any user or third party and (iv) any content submitted by you or using your Account to the Services, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. You also agree to indemnify the Indemnified Parties for any Liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on our infrastructure. FastTrackr reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of FastTrackr.
Dispute Resolution – Arbitration & Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS THE PROCESS FOR RESOLVING DISPUTES BETWEEN YOU AND FastTrackr. In the event of any dispute or claim arising from your use of the Services, you agree to first attempt to resolve the matter directly with FastTrackr by contacting us at support@fasttrackr.ai . If the matter remains unresolved after 30 days, it will be considered a "Dispute" as defined below. Except for seeking injunctive relief, both parties agree to resolve any Disputes through binding arbitration on an individual basis. Binding Arbitration: Any Disputes arising from this Agreement or your use of the Services will be settled through binding arbitration, except for seeking injunctive relief in court to protect intellectual property rights. Both parties waive the right to a trial by court. However, you may bring a claim before the appropriate consumer forum if eligible and if it remains in an individual, non-class, and non-representative capacity. Class Action Waiver: Disputes will be resolved on an individual basis, and class, consolidated, or representative actions are waived by both parties. The arbitrator may not consolidate claims or preside over any form of class action. Arbitration Administration and Rules: The Indian Council of Arbitration ("ICA") will administer the arbitration following its rules, except as modified in this section. Arbitration Process: The party initiating arbitration must provide a written Notice of Arbitration to the other party as specified by ICA Rules. The arbitrator will be selected from the ICA's panel of arbitrators with relevant experience. Arbitration Location and Procedure: Unless otherwise agreed, arbitration will be held in Bengaluru, Karnataka, India. Depending on the claim amount, the arbitration may be based solely on submitted documents or involve a hearing. The arbitrator may conduct hearings by telephone or video conference upon request. Arbitrator's Decision and Governing Law: The arbitrator will apply Indian law and render an award within the timeframe specified by ICA Rules. The arbitrator may award declaratory or injunctive relief only to the extent necessary to provide relief for the individual claim. Fees: Each party is responsible for arbitration fees as per ICA Rules. These arbitration provisions do not prevent either party from seeking injunctive or equitable relief in court to prevent infringement of intellectual property rights. This Agreement and your use of the Services are governed by the laws of India, except as provided otherwise in this Agreement. Any disputes shall be subject to the exclusive jurisdiction of the courts in Bengaluru, Karnataka, India, for matters not covered by arbitration or where judicial relief is sought.
Governing Law
Unless otherwise specified, this Agreement and your use of the Services are governed by and construed under the laws of India, without regard to choice of law principles.
General Provisions
FastTrackr's failure to enforce any provision of this Agreement does not waive its right to do so later. This Agreement constitutes the entire agreement between you and FastTrackr, superseding any prior agreements or communications. If any provision is found to be invalid, illegal, or unenforceable, it will be modified or excised without affecting the validity of the remaining provisions. This Agreement may not be assigned or transferred by you without FastTrackr's prior written approval.
Changes to this Agreement and the Services
FastTrackr reserves the right to change, modify, or discontinue any terms of this Agreement or the Services at any time without prior notice. Your continued use of the Services after any such changes constitutes acceptance of the modified Agreement.
No Rights of Third Parties
None of the terms of this Agreement can be enforced by any persons who are not a party to this Agreement.
Notices and Consent to Receive Notices Electronically
You consent to receive all agreements, notices, disclosures, and other communications electronically. Unless otherwise specified, notices will be deemed duly given when received, personally delivered, sent by certified or registered mail, electronically confirmed, or sent for next-day delivery by a recognized overnight delivery service.
Contacting Us
If you have any questions about these Terms of Service or the Services, please contact us at support@fasttrackr.ai .
Confidential Information
You acknowledge that Confidential Information (as defined below) is valuable to FastTrackr and agree not to disclose, transfer, or use any Confidential Information except for using the Services as per these Terms of Service. You may disclose Confidential Information to authorized employees and agents who are also bound to maintain its confidentiality. Promptly notify FastTrackr of any potential unauthorized disclosure, transfer, or use of Confidential Information and take reasonable measures to safeguard it. Upon termination of this Agreement, return all materials containing Confidential Information to FastTrackr. The term "Confidential Information" includes all trade secrets, confidential and proprietary information, and any data not generally known to the public or third parties. This includes technical data, research, product plans, customers, markets, software, developments, inventions, processes, designs, financial information, and other proprietary and confidential information related to FastTrackr's business, operations, or properties, as well as information about FastTrackr's staff, users, or partners.
Indemnification
You agree to indemnify, defend, and hold harmless FastTrackr and its officers, directors, employees, agents, attorneys, insurers, successors, and assigns from any liabilities incurred in connection with your use of the Services or Output, your breach of this Agreement, violation of any law or rights of any user or third party, or any content submitted by you or using your Account.