Terms of Use - FastSave

TERMS OF USE

Last Updated: November 24, 2024

Please read these Terms of Use ("Terms") carefully before using the "FastSave" mobile application ("Application") or the https://www.fastsave.app website ("Website"), and any related services, features, content, or applications provided by FastSave LLC ("Company", "we", "us", or "our") (collectively, the "Platform").

The FastSave mobile application can only be downloaded from official app stores: Google Play Store, Apple App Store, and Huawei AppGallery. Official versions of the application are available exclusively on these platforms and are supported by the Company.

FastSave LLC is a legal entity registered in the State of Wyoming, United States of America. Our contact information is as follows:

FastSave LLC
30 N Gould St, Ste R
Sheridan, WY 82801, USA
Email: contact@fastsave.app

These Terms apply to everyone using the Platform, and by continuing to use the Platform, you are deemed to have accepted these Terms.

1. Acceptance of Terms of Use

By using the Platform, you are deemed to have accepted these Terms of Use and other related documents, including the Privacy Policy and the DMCA Policy. If you do not agree to these terms, please do not use the Platform.
These Terms of Use may be updated from time to time, and such updates will be communicated to you via in-app notifications. Your continued use of the Platform signifies your acceptance of the updated terms.

2. Eligibility

The Platform is available for use by all users aged 13 and above. If you are under 13 years of age, you are prohibited from using the Platform.
Users between the ages of 13 and 18 must obtain permission from their parents or legal guardians before using the Platform. By using the Platform, you represent that your parent or legal guardian has carefully read and accepted these Terms of Use.
If you are below the legal age limit applicable in your region, you do not have the legal authority to accept these Terms of Use, and you are prohibited from using the Platform.

3. Registration Process

You do not need to create an account or log in to use the Platform. However, you must create an account ("Account") and log in to upload content to the Platform.

When creating an Account:

You must ensure that your account information is accurate, complete, and up-to-date. If it is determined that you have provided false, incomplete, or misleading information, your access may be restricted or your account may be terminated.
You are solely responsible for the security of your account and the protection of your password. You must keep your account information confidential and immediately notify us of any unauthorized use of your account.
Each user may create and use only one account. If it is determined that multiple accounts have been created, these accounts may be suspended or terminated.

4. Content Policy

4.1 Definitions and General Principles

Platform Operation: The Company does not engage in any content uploading, editing, selecting, sorting, or algorithmic promotion activities on the Platform. All content published on the Platform is entirely uploaded by users. The Company does not take any active role regarding the content.
"Digital Service Provider" ("Company"): Refers to FastSave LLC, which operates and manages the online platform that enables users to upload and share content.
"User Content": Refers to all texts, photos, audio files, videos, and any other materials uploaded to the Platform by users.
CC0 License: Refers to the "Public Domain Dedication" license provided by Creative Commons. Under this license, content is freed from copyright restrictions and made freely available for use by everyone.

4.2 Uploading Only CC0 Licensed Content

Only CC0 licensed content is allowed to be uploaded to the Platform.
Users represent and warrant that the content they upload complies with the CC0 license and that such content can be freely used on the Platform.
It is solely the user's responsibility to verify that the uploaded content complies with the CC0 license.

4.3 User Obligations and Commitments

The Platform provides guide documents and links to raise user awareness about copyright and content upload rules. Users are fully responsible for the compliance of the content they upload.
Users guarantee that the content they upload does not infringe any third party's copyright, trademark, privacy, or other legal rights.
Users agree to comply with all applicable laws and regulations while using the Platform.

4.4 Content Monitoring and Prevention of Violations

Automatic Monitoring: Automated tools based on artificial intelligence and machine learning are used to detect copyright infringements or prohibited content in the uploaded content on the Platform. These tools are activated after the content upload is completed and attempt to detect potential violations. When a violation is detected, necessary intervention is promptly made.
Violation Detection: Content in which violations are detected is immediately removed or access is blocked without prior notice.
Legal Actions and Sanctions: Necessary measures, including account suspension, account termination, and legal action if necessary, may be taken against users engaging in copyright infringement or other prohibited activities.

5. Copyright Infringements and DMCA Compliance Policy

5.1 Digital Service Provider Status and DMCA Compliance

FastSave LLC operates as a Digital Service Provider under Section 512 of the U.S. Copyright Act, 17 U.S.C. §512.
The Company fully complies with the Safe Harbor provisions outlined in the Digital Millennium Copyright Act (DMCA) and acts accordingly. For detailed information on our DMCA Policy, click here.

5.2 Notice and Takedown Procedure

Infringement Notice:
Copyright owners or authorized representatives may submit written notices to the Company regarding content they believe to be infringing. Notices must include all elements specified in Section 512(c)(3) of the DMCA.

Timely Response:
Upon receiving copyright infringement notices, the content will be promptly removed or access will be disabled after verifying the validity of the notice. The Company commits to removing or disabling access to the infringing content within no more than 48 hours upon receiving a valid copyright infringement notice.

User Notification:
The user whose content has been removed or access disabled will be promptly (within no more than 24 hours) notified in writing about the removal of their content and the reasons. This notification will include a copy of the infringement notice and information about their rights and procedures to submit a counter-notice.

5.2.1 Counter-Notice Procedure

Counter-Notice:
Users whose content has been removed or access disabled may submit a written counter-notice in accordance with Section 512(g)(3) of the DMCA if they believe the content was removed mistakenly or misidentified. The counter-notice must include the following elements:

A description of the removed or disabled content and the URL or other identifying information where the content was located.
A statement by the user, under penalty of perjury, that they have a good faith belief that the content was removed or disabled as a result of mistake or misidentification.
The user's name, address, and telephone number, and a statement that they consent to the jurisdiction of the Federal District Court for the judicial district in which they are located, and that they will accept service of process from the person who provided the original infringement notification or an agent of such person.
A statement that the information in the counter-notice is accurate, and under penalty of perjury, that the user is the owner of the content or authorized to act on behalf of the owner.
A physical or electronic signature.

Notification to Copyright Owner:
Upon receiving a valid counter-notice, the Company will promptly (within no more than 24 hours) forward it to the copyright owner or their authorized representative.

Content Reposting:
If the Company does not receive notice from the copyright owner within 10 business days that they have filed an action seeking a court order to restrain the user from engaging in infringing activity, the Company may, at the earliest 10 business days and at the latest 14 business days after receipt of the counter-notice, restore the removed content or cease disabling access to it.

Legal Proceedings:
If the copyright owner notifies the Company within 10 business days after receiving the counter-notice that they have filed a court action seeking an injunction, the Company will not repost or restore access to the content.

5.2.2 Elements Required in Infringement Notices

For a copyright infringement notice to be valid, it must include the following elements:

A description of the copyrighted work claimed to have been infringed, or if multiple works are involved, a representative list.
A description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit the Company to locate the material (e.g., URL address).
Contact information of the complaining party (address, telephone number, and if available, email address).
A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A physical or electronic signature.

5.3 Repeat Infringers

The Company has a policy of terminating the accounts of repeat copyright infringers. Repeat infringers are determined based on the following criteria:

If a user receives three or more copyright infringement notices within a 12-month period, they are considered a repeat infringer.
If a user submits two or more invalid counter-notices related to removed content, this may also be considered repeat infringement.

The Company uses appropriate technological tools to monitor repeat infringers and may suspend or terminate user accounts as necessary. Users will be informed if they have been designated as repeat infringers.

5.4 DMCA Contact Information

For copyright infringement notices and counter-notices, please contact the Company's designated agent registered with the U.S. Copyright Office under the DMCA:

FastSave Copyright Agent
FastSave LLC
30 N Gould St Ste R
Sheridan, WY 82801
Phone: +13074141075
Email: legal@fastsave.app

5.5 Standard Technical Measures

Definition:
"Standard Technical Measures" refer to technological measures used by copyright owners to identify or protect copyrighted works, which are widely recognized and used in the industry.
Company's Obligation:
The Company respects Standard Technical Measures used by copyright owners and does not interfere with or disable these measures.
Users' Obligations:
Users may not use the Platform to circumvent, disable, or otherwise interfere with Standard Technical Measures, nor engage in activities aimed at doing so.
Enforcement:
In the event of a violation of Standard Technical Measures, the Company will take necessary actions, remove content, and may suspend or terminate user accounts.

5.6 Transparency Reports

FastSave LLC will regularly publish transparency reports regarding copyright infringement notices received, content removed, and counter-notice processes related to the Platform.

Transparency reports will include the number and types of infringement notices and the timeframes in which they were processed. No personal information will be included in transparency reports to protect user privacy.

6. Prohibited Conduct and User Responsibilities

6.1 Prohibited Content and Activities

Illegal Content: Uploading content that is illegal, threatening, harassing, defamatory, obscene, pornographic, discriminatory, or otherwise inappropriate is prohibited.
Copyrighted Content: No content that is not CC0 licensed or is copyrighted may be uploaded to the Platform.
Malware: Uploading content that contains viruses, worms, Trojan horses, or other harmful code is prohibited.

6.2 Protection of Platform Security and Operation

Unauthorized Access: Any attempt to violate the security of the Platform or connected systems or to gain unauthorized access is prohibited.
Service Disruption: Engaging in any action that disrupts, overloads, or damages the operation of the Platform is prohibited.
Spam and Manipulation: Sharing unsolicited advertisements, promotional materials, or other spam content is prohibited.

6.3 Enforcement and Sanctions

Warnings and Account Actions: Users engaging in prohibited content or conduct may be subject to warnings, account suspension, or permanent account termination.
Legal Actions: The Company reserves the right to report users engaged in illegal activities to relevant legal authorities and cooperate with them.

6.4 User Reporting Obligations

Users are encouraged to report to the Company any infringing content or prohibited conduct they detect on the Platform.

7. Third-Party Services

The Platform may provide links to or access to third-party websites or services. However, we have no control over these third-party services and accept no responsibility for any issues or damages arising from them.

Users should carefully review the terms of use and privacy policies of these services before using them. FastSave LLC makes no warranties regarding the content, reliability, or operation of these services.

8. Notifications

You may receive notifications through the Platform regarding features, service updates, and changes to these Terms of Use. Notifications may be provided through the following methods:

Email: Notifications may be sent to the email address registered to your account.
In-App Notifications: Information may be provided through pop-up messages or push notifications within the application.

Your continued use of the Platform signifies your acceptance of receiving these notifications.

9. In-App Advertisements

The Platform may display advertisements within the application to maintain its free nature. Some features may require you to watch advertisements. Users agree to comply with the policies determined by the Company regarding the content and frequency of advertisements.

10. In-App Purchases

The Platform may offer certain digital products or services through in-app purchases ("Purchases"). These purchases are subject to the following conditions:

Purchases are made through third-party stores such as Google Play Store, Apple App Store, and Huawei AppGallery.
Billing and refund policies are subject to the terms and policies of the respective stores.
Digital products are made available after the purchase transaction is completed and are non-refundable. However, unless otherwise required by law, purchase errors and other issues may be resolved through our customer support team.

11. Termination

Your access to the Platform may be terminated with or without notice under the following circumstances:

Violation of Terms of Service: If you violate these Terms of Use or other related policies.
Legal Requirements: In accordance with legal regulations or at the request of a competent authority.
Misuse: If you misuse the Platform in a way that disrupts, harms, or negatively affects other users' experiences.

If you wish to terminate your account, you can close your account by removing the application from your device or contacting our customer service.

12. Disclaimer of Warranties and Limitation of Liability

Service Continuity and Warranties:

The Platform is provided "as is" and "as available." The Company does not guarantee that the Platform will be uninterrupted, error-free, or secure. You acknowledge that the use of the Platform may be interrupted or contain errors.

Disclaimer of Warranties:

The Company makes no express or implied warranties regarding the suitability of the Platform for a particular purpose, its merchantability, or non-infringement of any rights.

Platform Operation and User Content:

FastSave LLC does not warrant the accuracy, reliability, or legality of content uploaded by users. All content is the responsibility of the users, and the Company cannot be held liable for any direct or indirect damages arising from such content.

Limitation of Liability:

To the maximum extent permitted by law, the Company and its affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages (including loss of profits, data loss, business interruption, etc.). Users accept the risks that may arise from using the Platform.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms of Use and the use of the Platform are governed by the laws of the State of Wyoming, United States, without regard to its conflict of laws principles.

13.2 Dispute Resolution

In the event of any dispute, you agree to contact us first to seek an amicable resolution. If the dispute cannot be resolved through good faith negotiations within 30 days, it shall be resolved as follows:

13.3 Binding Arbitration

Arbitration Agreement:
- The parties agree that all disputes arising out of or relating to these Terms of Use or the use of the Platform shall be finally resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA").
Arbitration Venue and Language:
- Arbitration proceedings will be conducted in the State of Wyoming, and the language of arbitration will be English.
Costs:
- Arbitration costs will be shared between the parties in accordance with the AAA rules.
Non-Waivable Rights:
- This arbitration agreement does not constitute a waiver of any legal rights or remedies you may have.

13.4 Class Action Waiver

Individual Claims:
- The parties agree that any dispute will be resolved only on an individual basis and will not be brought as a class action or collective arbitration.
Class Action Exception:
- This waiver may not apply in situations where it is not permitted under applicable law.

13.5 Exceptions

Intellectual Property Rights:
- The parties may seek injunctive relief or other appropriate legal remedies from a court regarding the infringement or enforcement of intellectual property rights.
Small Claims Court:
- The parties may bring claims in small claims court where appropriate.

13.6 Severability

If any part of this dispute resolution clause is found to be invalid or unenforceable, the remaining portions will remain in effect.

14. Changes

These Terms of Use may be updated or changed from time to time. In the event of any significant changes, you will be notified through the following methods:

Email: A notification will be sent to the email address registered to your account.
In-App Notifications: You will be informed through pop-up messages or notifications within the application.
Website Announcements: Changes will be announced in relevant sections of our website.

The effective date of the changes is at least 7 days from the date the notification is made. Your continued use of the Platform signifies your acceptance of the updates or changes made.

15. Indemnification

Users agree to indemnify and hold harmless the Company, its affiliates, employees, and representatives from any third-party claims, damages, liabilities, costs, or expenses (including reasonable attorney's fees) arising from their use of the Platform or violation of these Terms of Use.

16. Severability and Entire Agreement

Severability:

If any provision of these Terms of Use is found to be invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions.

Entire Agreement:

These Terms of Use, together with the Privacy Policy and other supplementary documents, constitute the entire agreement between the parties and supersede all prior agreements.

17. Privacy Policy and Other Documents

The collection and use of your personal data are subject to the Privacy Policy. The Privacy Policy is an integral part of these Terms of Use.

The following policies also apply when using the Platform and are considered part of these Terms of Use:

Privacy Policy: https://www.fastsave.app/p/privacy.html
DMCA Policy: https://www.fastsave.app/p/dmca.html

All of these documents should be read and accepted along with the Terms of Use. By continuing to use the Platform, you are deemed to have accepted the provisions of these documents.

18. Language and Version Priority

Multiple Language Versions:
- These Terms of Use may be provided in multiple languages. All versions are equally binding.
In Case of Conflict:
- In the event of any inconsistency or conflict, the version most suitable to you shall prevail.
User-Friendly Approach:
- Our aim is for all our users to understand and accept these terms. Therefore, we strive to ensure that the terms are clear and understandable.

19. Contact

You can reach us at contact@fastsave.app