Last Modified: March 27, 2024
Thank you for using Fastgen’s APIs, other developer services, and associated software (collectively, “Services”). By accessing or using our Services, you are agreeing to the terms below. If there is a conflict between these terms and additional terms applicable to a given Service, the additional terms will control for that conflict. Collectively, we refer to the terms below, any additional terms, terms within the accompanying Service documentation, and any applicable policies and guidelines as the “Terms.” By accessing or using the Services, or by clicking a button or checking a box marked “I Agree” or “Continue” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms and that the Terms control your relationship with us, whether or not you are a registered user of the Services. So please read all the Terms carefully. If you use the Services as an interface to, or in conjunction with other Fastgen products or services, then the terms for those other products or services also apply.
Under the Terms, “Fastgen” means Million Sunny, Inc., with offices at 524 Broadway, New York, New York 10012, United States, unless set forth otherwise in additional terms applicable for a given Service. We may refer to “Fastgen” as “we”, “our”, or “us” in the Terms.
PLEASE READ THE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 10b (THE “ARBITRATION AGREEMENT”) AND CLASS ACTION / JURY TRIAL WAIVER PROVISION IN SECTION 10c (THE “CLASS ACTION / JURY TRIAL WAIVER”) THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN SECTION 10b, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING.
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Fastgen, or (b) you are a person barred from using or receiving the Services under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the Services.
If you are using the Services on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to “you” in the Terms refer to that entity).
In order to access certain Services you may be required to provide certain information (such as identification or contact details) as part of the registration process for the Services, or as part of your continued use of the Services. Any registration information you give to Fastgen will always be accurate and up to date and you’ll inform us promptly of any updates.
Fastgen has subsidiaries and affiliated legal entities around the world. These companies may provide the Services to you on behalf of Fastgen and the Terms will also govern your relationship with these companies.
You will require your end users to comply with (and not knowingly enable them to violate) applicable law, regulation, and the Terms.
You will comply with all applicable law, regulation, and third-party rights (including, without limitation, laws regarding the import or export of data or software, privacy, and local laws). You will not use the Services to encourage or promote illegal activity or violation of third-party rights. You will not violate any other terms of service with Fastgen (or its affiliates).
When you utilize Fastgen, you also consent to abide by the Terms of Service of Neon, which serves as the primary database provider for your project. You can review Neon's Terms of Service at https://neon.tech/terms-of-service. However, if your project utilizes an external database, or if you are enrolled in the enterprise plan that includes a custom environment, you may not be subject to Neon's Terms of Service. To determine your exemption status, please reach out to support@fastgen.com.
You will only access (or attempt to access) an Service by the means described in the documentation of that Service. If Fastgen assigns you developer credentials (e.g., client IDs), you must use them with the applicable Services. You will not misrepresent or mask either your identity or your Service Client’s identity when using the Services or developer accounts.
Fastgen sets and enforces limits on your use of the Services (e.g., limiting the number of Service requests that you may make or the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with each Service. If you would like to use any Service beyond these limits, you must obtain Fastgen’s express consent (and Fastgen may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use). To seek such approval, contact the relevant Fastgen Service team for information (e.g., by using the Fastgen developers console).
Some of the software required by or included in our Services may be offered under an open-source license. Open-source software licenses constitute separate written agreements. For certain Services, open-source software is listed in the documentation. To the limited extent the open-source software license expressly supersedes the Terms, the open-source license instead sets forth your agreement with Fastgen for the applicable open-source software.
We may send you certain communications in connection with your use of the Services. Please review the applicable Service documentation for information about opting out of certain types of communication.
If you provide feedback or suggestions about our Services, then we (and those we allow) may use such information without obligation to you.
The Terms are non-exclusive. You acknowledge that Fastgen may develop products or services that may compete with the Service Clients or any other products or services.
To the extent required by data protection laws applicable to the parties’ processing of personal data under these Terms, you agree to enter into a separate Data Processing Agreement with Fastgen as a condition of using Fastgen’s Services.
The Services are designed to help you enhance your websites and applications (“Service Client(s)”). YOU AGREE THAT FASTGEN MAY MONITOR USE OF THE SERVICES TO ENSURE QUALITY, IMPROVE FASTGEN PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. This monitoring may include Fastgen accessing and using your Service Client, for example to identify security issues that could affect Fastgen or its users. You will not interfere with this monitoring. Fastgen may use any technical means to overcome such interference. Fastgen may suspend access to the Services by you or your Service Client without notice if we reasonably believe that you are in violation of the Terms.
You will use commercially reasonable efforts to protect user information collected by your Service Client, including personal data, from unauthorized access or use and will promptly report to your users any unauthorized access or use of such information to the extent required by applicable law.
Fastgen does not acquire ownership in your Service Clients, and by using our Services, you do not acquire ownership of any rights in our Services or the content that is accessed through our Services.
You will comply with (1) all applicable privacy laws and regulations including those applying to personal data and (2) the terms of the separate Data Processing Agreement with Fastgen. You will provide and adhere to a privacy policy for your Service Client that clearly and accurately describes to users of your Service Client what user information you collect and how you use and share such information (including for advertising) with Fastgen and third parties.
When using the Services, you may not (or allow those acting on your behalf to):
Unless otherwise specified in writing by Fastgen, Fastgen does not intend use of the Services to create obligations under the Health Insurance Portability and Accountability Act, as amended (“HIPAA”), and makes no representations that the Services satisfy HIPAA requirements. If you are (or become) a “covered entity” or “business associate” as defined in HIPAA, you will not use the Services for any purpose or in any manner involving transmitting protected health information to Fastgen unless you have received prior written consent to such use from Fastgen.
Our Services contain some third-party content (such as text, images, videos, audio, or software). This content is the sole responsibility of the person that makes it available. We may sometimes review content to determine whether it is illegal or violates our policies or the Terms, and we may remove or refuse to display content. Finally, content accessible through our Services may be subject to intellectual property rights, and, if so, you may not use it unless you are licensed to do so by the owner of that content or are otherwise permitted by law. Your access to the content provided by the Service may be restricted, limited, or filtered in accordance with applicable law, regulation, and policy.
Some of our Services allow the submission of content. Fastgen does not acquire any ownership of any intellectual property rights in the content that you submit to our Services through your Service Client, except as expressly provided in the Terms. For the sole purpose of enabling Fastgen to provide, secure, and improve the Services (and the related service(s)) and only in accordance with the applicable Fastgen privacy policies, you give Fastgen a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to Use content submitted, posted, or displayed to or from the Services through your Service Client. “Use” means use, host, store, modify, communicate, and publish. Before you submit content to our Services through your Service Client, you will ensure that you have the necessary rights (including the necessary rights from your end users) to grant us the license.
When a user’s non-public content is obtained through the Services, you may not expose that content to other users or to third parties without explicit opt-in consent from that user.
Fastgen supports data portability. For as long as you use or store any user data that you obtained through the Services, you agree to enable your users to export their equivalent data to other services or applications of their choice in a way that’s substantially as fast and easy as exporting such data from Fastgen products and services, subject to applicable laws, and you agree that you will not make that data available to third parties who do not also abide by this obligation.
Unless expressly permitted by the content owner or by applicable law, you will not, and will not permit your end users or others acting on your behalf to, do the following with content returned from the Services:
“Brand Features” is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, the Terms do not grant either party any right, title, or interest in or to the other party’s Brand Features. All use by you of Fastgen’s Brand Features (including any goodwill associated therewith) will inure to the benefit of Fastgen.
You agree to display any attribution(s) required by Fastgen as described in the documentation for the Service. Fastgen hereby grants to you a non-transferable, non-sublicenseable, non-exclusive license while the Terms are in effect to display Fastgen’s Brand Features for the purpose of promoting or advertising that you use the Services. You must only use the Fastgen Brand Features in accordance with the Terms and for the purpose of fulfilling your obligations under this Section. You understand and agree that Fastgen has the sole discretion to determine whether your attribution(s) and use of Fastgen’s Brand Features are in accordance with the above requirements and guidelines.
You will not make any statement regarding your use of a Service which suggests partnership with, sponsorship by, or endorsement by Fastgen without Fastgen’s prior written approval.
In the course of promoting, marketing, or demonstrating the Services you are using and the associated Fastgen products, Fastgen may produce and distribute incidental depictions, including screenshots, video, or other content from your Service Client, and may use your company or product name. You grant us all necessary rights for the above purposes.
By using our Services, Fastgen may use submitted information in accordance with our privacy policies.
We provide information to help copyright holders manage their intellectual property online, but we can’t determine whether something is being used legally or not without their input. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and Fastgen’s policy about responding to notices in our Help Center.
You may stop using our Services at any time with or without notice. Further, if you want to terminate the Terms, you must provide Fastgen with prior written notice and upon termination, cease your use of the applicable Services. Fastgen reserves the right to terminate the Terms with you or discontinue the Services or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you.
Upon any termination of the Terms or discontinuation of your access to a Service, you will immediately stop using the Service, cease all use of the Fastgen Brand Features, and delete any cached or stored content that was permitted by the cache header under Section 5. Fastgen may independently communicate with any account owner whose account(s) are associated with your Service Client and developer credentials to provide notice of the termination of your right to use a Service.
When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: Sections 4b, 5, 8, 9, 10, 11, and 12..
EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, NEITHER FASTGEN NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT ACCESSED THROUGH THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS.
WHEN PERMITTED BY LAW, FASTGEN, AND FASTGEN’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FASTGEN, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN) DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
IN ALL CASES, FASTGEN, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Unless prohibited by applicable law, if you are a business, you will defend and indemnify Fastgen, and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:
You agree that: (i) the Services shall be deemed solely based in Delaware; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Delaware. The Terms shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. The parties acknowledge that the Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement in Section 10b and preempts all state laws to the fullest extent permitted by law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue shall be resolved under and governed by the law of your state of residence. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Delaware for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Delaware is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM FASTGEN. This Section 10b (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and Fastgen that arises out of or relates to, directly or indirectly: (a) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Services; (c) any transactions through, by, or using the Services; or (d) any other aspect of your relationship or transactions with Fastgen, directly or indirectly, as a consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your agreement to the Terms.
If you are a new Fastgen user, you can reject and opt-out of this Arbitration Agreement within 30 days of accepting the Terms by emailing Fastgen (legal@fastgen.com) with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of this Agreement, including the provisions regarding controlling law or in which courts any disputes must be brought.
For any Claim, you agree to first contact us at legal@fastgen.com and attempt to resolve the dispute with us informally. In the unlikely event that Fastgen has not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim exclusively through binding arbitration by AAA before a single arbitrator (the “Arbitrator”), under the Expedited Procedures then in effect for AAA (the “Rules”), except as provided herein. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall control. AAA may be contacted at www.adr.org, where the Rules are also available. The arbitration will be conducted in the U.S. county where you live or Delaware, unless you and Fastgen agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Services for non-commercial purposes: (i) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and Fastgen agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms or any provision of the Terms is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.
Nothing in this Section shall be deemed as: preventing Fastgen from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights, or other proprietary rights; or preventing you from asserting claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.
If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action / Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND FASTGEN AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER FASTGEN USERS. YOU AND FASTGEN FURTHER AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND FASTGEN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.
Fastgen may make available software to access the Services via a mobile device (“Mobile Applications”). To use any Mobile Applications, you must have a mobile device that is compatible with the Mobile Applications. Fastgen does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Fastgen hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one Fastgen User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile, or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that Fastgen may from time-to-time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and Fastgen or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in these Terms, is void. Fastgen reserves all rights not expressly granted under these Terms. If the Mobile Applications are being acquired on behalf of the United States Government, then the following provision applies. The Mobile Applications will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display, or disclosure of the Services and any accompanying documentation by the U.S. Government will be governed solely by these Terms and is prohibited except to the extent expressly permitted by these Terms. The Mobile Applications originates in the United States and is subject to United States export laws and regulations. The Mobile Applications may not be exported or re-exported to certain countries, or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Services.
The following applies to any Mobile Applications you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that these Terms are solely between you and Fastgen, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Fastgen as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Fastgen as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Fastgen, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Fastgen acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
The following applies to any Mobile Applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Terms are between you and Fastgen only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Fastgen, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Terms as it relates to Company’s Google-Sourced Software.
We may modify the Terms or any portion to, for example, reflect changes to the law or changes to our Services. You should look at the Terms regularly. We’ll post notice of modifications to the Terms within the documentation of each applicable Service, to this website, and/or in the Fastgen developer’s console. Changes will not apply retroactively and will become effective no sooner than 30 days after they are posted. But changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms for a Service, you should discontinue your use of that Service. Your continued use of the Service constitutes your acceptance of the modified Terms.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fastgen without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
These Terms, together with any amendments and any additional agreements you may enter into with Fastgen in connection with the Services, shall constitute the entire agreement between you and Fastgen concerning the Services. Except as otherwise stated in Section 10b, if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Fastgen’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
The Services were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements thereto.
For information about how to contact Fastgen, please visit our contact page or send an email to support@fastgen.com.
