1. The most important things You need to know when using Kryptos
1.1 No Access to Emergency Services: Kryptos is not a replacement for your mobile or fixed line telephone. In particular, Kryptos does not allow you to make emergency calls to emergency services. You must make alternative communications arrangements to ensure that you can make emergency calls if needed.
1.2 Jurisdiction Restrictions: If the law of your country prohibits you from using the Products because you're under the age limit or just because the Products are not allowed in your country, please don't use them.
1.4 User Agrees: User agrees to comply fully with all laws and regulations concerning the purchase and sale of goods. In particular, user agrees to comply with all export administration and control laws and regulations of the U.S. government as applicable to the export, resale or other disposition of any goods or services purchased from Kryptos. Without limiting the foregoing, these goods are prohibited for export or re-export to Cuba, Iran, Sudan, North Korea, Syria, or any other country that is subject to U.S. economic sanctions or comprehensive export controls restricting such export or re-export, as well as to persons or entities barred from engaging in export transactions by the U.S. Departments of Commerce, State or Treasury, as well as to any person or entity which will use them for end-uses proscribed by U.S. export regulations.
2. What you should and should not expect from us?
These should be your expectations when you use Kryptos:
2.1 Quality: Kryptos will try to provide the Products with minimum disruptions. However please understand that Kryptos cannot guarantee that the Products will always function without disruptions, delay or other imperfections. Since the Products may be transmitted through public Internet lines and the public switched telephone network ("PSTN"), there may be power outages or Internet service disruption and you may experience some disruptions e.g. packet loss and delay which will interfere with the quality of your communication.
2.2 Technical improvement and maintenance: Kryptos may change technical features in order to keep pace with the latest demands and technological developments or to comply with any regulations. Kryptos may also have to repair, improve, and/or upgrade the Products and this may require us to restrict, limit, suspend, interfere and/or interrupt the Products.
2.3 Content of communications: Kryptos does not control, or have any knowledge of the content of any communication(s) spread by the use of the Products. The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, illegal, harmful to minors, indecent or otherwise objectionable.
2.4 No Access to Emergency Services: The Kryptos Software is not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of Emergency Service. There are important differences between traditional telephone services and the Products. You acknowledge and agree that: (i) Kryptos is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law; (ii) it is your responsibility to purchase, separately from the Products, traditional wireless (mobile) or fixed line telephone services that offer access to Emergency Services, and (iii) Kryptos is not a replacement for your primary telephone service.
3. What we expect from you
3.1 Information. You will be required to provide Kryptos in good time with any data or information necessary for a proper provision of the Products.
3.2 No reselling. You agree not to resell the Products to any third party.
3.3 Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD KRYPTOS AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF YOUR VIOLATION OF THESE TERMS OF SERVICE, ANY APPLICABLE LAW OR REGULATION, OR THE RIGHTS OF ANY THIRD PARTIES RELATED TO THE USE OF THE KRYPTOS PRODUCTS.
4. Payment and tariff Issues
4.1 Kryptos Credit. You need to pay to use certain Products. To purchase payable Products you need a sufficient balance of credit, which is credit purchased by you from Kryptos and allocated to Your User Account. You must deposit sufficient credit in your User Account through your debit or credit card, PayPal, promotional voucher, or other means which may be made available by Kryptos. Kryptos reserves the right to stop accepting debit or credit cards from one or more issuers.
4.2 Restrictions. Kryptos does not guarantee that you will be able to use your credit balance to purchase all the payable Products. Certain Products may have to be paid for separately.
4.3 Inactive Credit: Credit is not refundable.
4 REFUND POLICY
4.4.1 Credit purchased is not prorated and thus credit is not refundable. Kryptos will not refund or credit your account in the event you terminate your user account. Kryptos reserves the right to terminate these Terms of Service with immediate effect, automatically and without recourse to the courts, in the event of any abuse by you of these terms.
4.5.1 Charges and rates
Products: You shall pay Kryptos any applicable charges and rates as stated on the Kryptos Website in connection with your purchase and use of the Products. You will be able to pay with your credit balance or with any other payment method available.
4.5.2 Change of charges and tariffs
(i) Kryptos may change the rates at any time by giving a thirty (30) day notice of such change on the Kryptos Website at http://www.kryptoscommunications.com
(ii) Kryptos may change the charges payable for the purchase of at any time without any notice to You. You can choose whether or not to accept the new charges prior to completing your next purchase of the applicable Product. The new charge will apply to your next purchase after the adjustments have been published on the Kryptos Website. You agree that by continuing to use the Products following the adjustments of the charges, you accept the new charges.
5. Kryptos' liability to you
5.1 Limitation of Liability. IN NO EVENT SHALL KRYPTOS, ITS AFFILIATES, ITS LICENSORS OR THE KRYPTOS STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY, FOR:
(i) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; AND
(ii) ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT).
5.2 THE LIMITATIONS ON KRYPTOS'S LIABILITY TO YOU IN PARAGRAPH 6.1 ABOVE SHALL APPLY WHETHER OR NOT KRYPTOS, ITS AFFILIATES OR THE KRYPTOS STAFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.
5.3 NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF KRYPTOS FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF KRYPTOS, THE KRYPTOS STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
5.4 KRYPTOS'S TOTAL LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE PRODUCTS (WHERE RELEVANT) IN THE 12 MONTH PERIOD PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM.
5.5 SPECIFIC DISCLAIMER OF LIABILITY FOR CONTENT. KRYPTOS DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE PRODUCTS OR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES REFERRED TO BELOW. NEITHER KRYPTOS NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO ALL SUCH CONTENT, PRODUCTS OR SERVICES.
5.6 Jurisdiction's Limitations. As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event the liability will be limited as far as legally possible under the applicable legislation.
5.7 Casus Fortuitous. You acknowledge and understand that if Kryptos is unable to provide the Products as a result of a casus fortuitous event Kryptos will not be in breach of any of its obligations towards you under these Terms of Service. A casus fortuitous event means any event beyond the control of Kryptos. In the event Kryptos is affected by a casus fortuitous event, it shall promptly attempt to notify you of the estimated extent and duration of its inability to perform or delay in performing its obligations, on a reasonable efforts basis. KRYPTOS SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A CASUS FORTUITOUS EVENT.
6. How long does your agreement with Kryptos last for?
6.1 Duration. The agreement will be effective as of the date of your acceptance thereof by clicking on the accept button or similar buttons or links as may be designated by Kryptos, or the date of your first use of any of the Products, whichever occurs earlier, and will remain effective until terminated by either Kryptos or you as set out below.
6.2 Termination. Your agreement with us may be terminated at any time. Without limiting other remedies, Kryptos or its Affiliates may terminate these Terms of Service with immediate effect, automatically and without recourse to the courts, and may limit, suspend, or terminate your use of the Products, prohibit access to Kryptos' website, remove hosted content, and take technical and legal steps to keep you off the Kryptos Website if we think that you are in breach of these Terms of Service, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, if you purchased Credit from an unauthorized reseller, or for other similar reasons, with immediate effect and without recourse to the courts. Kryptos shall effect such termination by preventing your access to your User Account and to the Products and Kryptos Software. If you provided a valid email address, Kryptos may provide notice to you by email.
6.3 Update: Kryptos reserves the right to modify these Terms of Service at any time by publishing the revised Terms of Service on the Website, which shall become effective within thirty (30) days from the date of publication, unless you expressly accept the revised Terms of Service earlier by clicking on the accept button. Your continued use of the Products after expiry of the 30-day period shall constitute your acceptance to be bound by the terms and conditions of the revised version of the Terms of Service. If you do not wish to accept these revised Terms of Service, you are entitled to terminate your User Account with effect from the date on which the revised Terms of Service would become effective.
7. Additional terms for Subscriptions
7.1 Subscriptions are for individual use only. Each subscription is to be used by one person only and is not to be shared with any other user (whether via a PBX, call centre, computer or any other means).
7.2 Kryptos reserves the right to withdraw or change the subscriptions at any time. If Kryptos changes the Products included in your subscription, Kryptos will attempt to send a notification by email, stating the changes and their effective date. If you do not wish to accept these changes, You are entitled to terminate your subscription.
7.4 In the event that there is, or Kryptos suspects that there is, any fraudulent activity or misuse of your subscription, Kryptos reserves the right to terminate your subscription with immediate effect and without a refund.
7.5 You may terminate your subscription at any time. If you choose to pay for your subscription monthly, you acknowledge and agree that this is a recurring payment and payments shall be made to Kryptos by the method you have chosen at the recurring monthly interval chosen by you, until the subscription is terminated by you or by Kryptos.
8. Additional terms for Auto Recharge
8.1 The Auto-Recharge feature will be automatically enabled when you buy Credit, unless you 'untick' the box. Your Credit balance will be recharged with the same amount and by the same payment method chosen when you first sign up for Auto-Recharge, unless you subsequently change the amount by accessing your User Account. For example, if you purchase X units of Credit with your credit card and you enable Auto-Recharge, the recharge amount charged to your credit card will also be X units of Credit. In future the same amount will be charged to your credit card every time your Kryptos account balance goes below the threshold set by Kryptos from time to time. If you do not want to enable Auto-Recharge, please 'untick' the box.
8.2 If you purchase a subscription with a payment method other than credit card or PayPal, and you have enabled Auto-Recharge, your Kryptos Credit balance will be recharged with the amount necessary to purchase your next recurring subscription.
8.3 You can disable Auto-Recharge at any time by accessing Your User Account.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY USING THE PRODUCTS YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO KRYPTOS THE RIGHTS SET FORTH HEREIN.
9.1 Entire Agreement: The terms and conditions of these Terms of Service and any applicable Additional Terms constitute the entire agreement between you and Kryptos with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either you or Kryptos arising out of fraud or fraudulent misrepresentation.
9.2 Partial Invalidity: If any provision of these Terms of Service, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to the Terms of Service as a whole, the legality, validity or enforceability of the remainder of the Terms of Service (including the remainder of the term which contains the relevant provision) shall not be affected.
9.3 No waiver: The failure to exercise, or delay in exercising, a right, power or remedy provided by the Terms of Service or by law shall not constitute a waiver of that right, power or remedy. If Kryptos waives a breach of any provision of the Terms of Service this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
9.4 Assignment: You are not allowed to assign the Terms of Service or any rights hereunder. Kryptos is allowed at its sole discretion to assign the Terms of Service or any rights hereunder to any third party, without giving prior notice.
9.5 Applicable Law and Competent Court: The Terms of Service shall be governed by and interpreted in accordance with the laws of Florida and shall be subject to the jurisdiction of the courts of the district of Florida.
9.6 Language: The original English version of the Terms of Service may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.
9.7 Survival: The terms of this Agreement, and any other provision of the Additional Terms which is expressed to survive or operate in the event of termination, shall survive termination of this Agreement and the applicable Additional Terms for whatever reason.