TERMS AND CONDITIONS

These are the terms and conditions governing the use of this Website and the Contract that operates between You and FastCI.

InterpretationThe following definitions and rules of interpretation apply in these Conditions.
1. Definitions„Billing date” – the date on which a Subscription will get renewed and the payment will get collected.„Charges” – the charges payable by the Customer for the supply of the Services in accordance with Clause 7;„Conditions” – these terms and conditions.„Contract” – the contract between You and the FastCI for the supply of Services in accordance with these Conditions.„Customer” or „You” – the person or firm who purchases Services from the Supplier.„Documentation” – documentation that includes instructions for the integration of FastCI with the Customer’s project and CI provider available at: https://docs.fast.ci/.„Free Trial” – the period during which the Customer may trial the Services without charge.„Individual Account” – the Customer’s unique panel on the Supplier’s Platform, activated after completing the registration process, which is required to use the Services;„Intellectual Property Rights” – patents, rights to inventions, copyright and related rights, trade marks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.„FastCI”, „Supplier” or „We” – Techy Apps FZE, registered in Dubai, UAE, Licence no. 2379, by licence Kolosek IT DOO, Bulevar Oslobodjenja 11, Novi Sad, Serbia, TAX ID 109476681.„Services” – the services provided by the Supplier to Customers, consisting of giving Customers access to a Software, which allows the Customer to run its automated tests in a more optimized way.“Software” – FastCI software, which the Supplier provides to the Customer as a Service.„Subscription” – the Customer’s temporary right to use FastCI Services.„Subscription Fee” – an amount of money the Customer is required to pay the Supplier for the Subscription. The Subscription fee varies depending on the type of Subscription.“Subscription period” – the length of time between the payments the Customer is required to pay the Supplier (a month).„Website” – The FastCI website available at: https://fast.ci/.
2. Interpretation:
  1. Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression, be construed as illustrative and not limit the sense of the words, description, definition, phrase or term preceding those terms.
  2. A reference to writing or written includes e-mail.
General Provisions
1. FastCI warrants to You that the Services will be provided using reasonable care and skill.
2. FastCI takes necessary steps to ensure that the Website functions properly, to the extent resulting from the current technical knowledge and undertakes to remove any irregularities reported by You within a reasonable time.
3. You are obliged to:
  1. co-operate with the Supplier in all matters relating to the Services;
  2. provide the Supplier with such information as the Supplier may reasonably require in order to supply the Services and ensure that such information is complete and accurate;
  3. use the Services provided by FastCI in accordance with these Terms and Conditions, provisions of generally applicable laws, as well as accepted norms and standards
4. You may not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs, DoS (Denial-of-service attack) or other material that is malicious or technologically harmful. You may not attempt to gain unauthorised access to Services, the server on which our Website is stored or any server, computer or database connected to Services.
5. The minimum technical requirements, which must be met in order to cooperate with our ICT system and use our Website are as follows: (1) a PC, laptop or other multimedia devices with an Internet connection; (2) e-mail access and a valid email address; (3) An Internet browser: Mozilla Firefox ver.17.0 or higher, Internet Explorer ver. 10.0 or higher, Opera ver. 12.0 or higher, Google Chrome ver. 23.0 or higher, Safari ver. 5.0 or higher; (4) The recommended minimal screen resolution is 1024x768.
6. The technical requirements, which must be met in order to use our Services are specified in the Documentation.
7. You are not allowed to:
  1. use the Website and our Services with the intention of running a business that would be harmful to FastCI’s interests, is in a conflict with the law, morality or would violate third party’s personal rights,
  2. supply our Website with unlawful content.
Services
1. The Services we supply consist of granting access to a software that allows you to run your automated tests across your parallel CI nodes in a more optimized way. This allows you to run faster CI builds and save time. In order to use our Services, you must create an Individual Account and then integrate your system with FastCI, in accordance with the Documentation available on our Website in the Docs tab.
2. FastCI works with every CI provider.
3. A list of CI providers whose environment variables FastCI can auto-read is available on our Website: https://fast.ci/features. If your CI provider is not listed at the link, then you still can use FastCI. You should manually set environment variables needed by FastCI, in accordance with our Documentation.
4. The Contract for the Supply of Services is concluded when you first use the FastCI API.
Individual Account
1. In order to use the features of our Services, you must register for an Individual Account.
2. To sign up for an Individual Account you must use one of the registration forms on our Website.
3. No credit card information is required during the registration process.
4. Full acceptance of present Terms and Conditions and the Privacy Policy is necessary for creating the Individual Account.
5. After the submission of a registration form, the Customer will receive e-mail confirmation of registration of the Individual Account. With that, the Customer is given full access to the Customer’s Account.
6. After the registration process, you can sign into your Account by either providing us with your email address and using the one-use link sent via email or by entering your password or using one of the provided OAuth services.
7. Within your Individual Account you can, among other functionalities, create new projects, add team members, view your build metrics and billing details.
8. You are obliged to take your best efforts to maintain confidentiality and not to disclose the Password and other Account details to third parties.
9. You must notify FastCI immediately upon becoming aware of any breach of security or unauthorized use of the Individual Account. Additionally, you should immediately change the Password, using the appropriate functionalities within the Individual Account.
10. You may not use a username constituting the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity without their appropriate authorization, nor a name that is otherwise offensive or vulgar.
Free trial period
1. After the registration process you will have a free 14 day trial period.
2. The days of the free trial period count only when you use FastCI API. If the FastCI API is not used on a particular day, then this day will not count towards the 14 day trial period.
3. When you exceed the initial 14-day trial period, your account remains active and we shall send you an e-mail notification with a request to pay the adequate Subscription fee.
4. If payment of the Subscription fee is delayed, we may block your access to the FastCI API, after setting an additional deadline of no less than 7 days for payment of the Subscription fee.
5. In the case described above in Clause 5.4, your access to the FastCI API will be unblocked after payment of the Subscription fee.
6. At any time and without notice, FastCI reserves the right to modify the terms and conditions of the Free Trial offer or cancel such a Free Trial offer.
Subscription
1. FastCI’s Services are provided on a monthly Subscription basis. The subscription type depends on the sum of average execution runtime of each test file from all of your projects.
2. We offer two basic types of Subscription:
  1. Free – it is available free of charge, if your test suites are with one paralelism.
  2. Paid – this type of Subscription applies if your test suites are using parallelism .
3. We also offer four specific types of subscriptions:
  1. Open Source – this type of Subscription is available free of charge for paralelism of up to 4. To qualify for Open Source Subscription, you must meet the following requirements:Notwithstanding the above, We reserve the right to freely select entities that will use our Services on the basis of an Open Source Subscription.
    1. the project’s source code must be available in a public location with an OSI-approved license;
    2. the FastCI Badge must be added to your README Project;
    3. the entity must be of non-commercial nature.
  2. Enterprise - subscription terms are individually agreed with the Customer;
  3. The FastCI Heroku add-on – this type of Subscription is available via the Heroku Elements Marketplace.
4. After the 14-days free trial period, if your Subscription is not free of charge (i.e. Open Source, Free Plan), we shall send you an e-mail notification with a request to pay the adequate Subscription fee for the first month of Subscription.
5. The day of the month when you paid your first Subscription fee is the Billing date.
6. The Subscription renews automatically for monthly terms, unless you cancel the Subscription.
7. You may cancel the Subscription at any time.
8. FastCI will charge the applicable Subscription fee for each following month of Subscription on the Billing date. If your Billing date is the 29th, 30th, or 31st of the month, we will charge the Subscription fee on the last day of the month.
9. If the total time of your tests per CI build changes, new Subscription terms will be applicable from the next month of Subscription.
10. Your continued use of the Services after the change of the type of Subscription, according to Clause 6.9, constitutes an agreement to new Subscription terms.
Charges and payment
1. The Subscription fees are stated in USD.
2. Payment for the Services is by direct debit via the external payment system Lemon Squeezy, operated by Lemon Squeezy, LLC. with registered office in Salt Lake City, Utah, USA.
3. The Customer’s designated credit card will be charged automatically for each following month of Subscription on the Billing date.
4. The payments will be recurring, which means that payments will be made to FastCI by the method indicated by You, until the Subscription for that Service is terminated by FastCI or by You.
5. The Subscription fee for every following Subscription period is charged on the Billing date. Subscription fees are charged in advance of the applicable Subscription period.
6. The Customer must cancel the Subscription before the Billing date to avoid being charged for the following Subscription period.
7. By authorising recurring payments, the Customer is authorising FastCI to store its payment instrument’s data and to process such payments as charges to your designated credit card.
8. The amount of the Subscription fee specified in the Pricing tab on our Website at the Billing date is the final fee for the applicable Subscription period, binding both upon FastCI and You. The amount of the Subscription fee for Customers using Custom Subscription can be found on the Billing page within an Individual account.
9. However, we reserve the right to change the Subscription fees by giving 30 days’ notice having effect at the end of the Subscription period. You will have the opportunity to terminate the Contract by cancelling the Subscription before the fee changes, in accordance with Clause 9.1.
10. Your continued use of the Service after the Subscription fee change comes into effect constitutes an agreement to pay the modified Subscription fee amount.
11. In addition, we reserve the right to launch new types of Subscriptions, launch and cancel special offers or change them in line with the provisions of applicable law.
Refund Policy
1. When cancelling your monthly subscription before it expires you will not be refunded the payment made for the given Subscription period. After cancelling, your account will no longer automatically renew the Subscription and no further renewal charges will be applied for that account.
2. Once the subscription expires, your account will remain active for four years. This means you can easily get back to using our services again. After your subscription expires, you must log into your account or use FastCI API at least once in a two-year period to keep your account active, otherwise it will be deleted. If you decide to continue using the FastCI service within the time specified above, we will ask you for payment. If you use a type of subscription, which is free of charge (free plan, open source plan) your individual account will be deleted if you do not log into your account or use FastCI API for four years.
Termination
1. Without affecting any other right or remedy available to it, you may terminate the Contract at any time by cancelling the Subscription. You may cancel the Subscription by checking the appropriate box within your Individual Account in the Billing tab or by submitting a clear notice to FastCI by e-mail. The Contract will be terminated with immediate effect and prepaid Subscription fees will not be refunded.
2. After cancelling your subscription, you can still use the FastCI API for the next 14 calendar days. If you exceed the 14-day period, we send you an e-mail notification with request to pay the adequate Subscription fee, according to the current offer available on our Website
3. Without affecting any other right or remedy available to us, We may terminate the Contract with immediate effect (after setting an additional deadline of no less than 30 days to halt infringements) by giving written notice to you, if you:
  1. flagrantly violate the provisions of these Terms and Conditions,
  2. violate accepted norms and standards,
  3. behave in a way, which is offensive to FastCI or damages our brand reputation.
4. Without affecting any other right or remedy available to us, we may terminate the Contract with immediate effect, without setting an additional time-limit, if you use the Services in a manner that violates provisions of the generally applicable law or if you violate the terms of license referred to in Clause 11, or breach of any clause of these Terms and conditions.
5. We also may terminate the Contract and block your access to the FastCI API with immediate effect, (after setting an additional time-limit of no less than 30 days for payment), if your payment of the first Subscription fee is delayed or if attempts to charge the Subscription fee for the following Subscription period fails, due to rejection or denial of transaction.
Complaints

You may lodge a complaint to us in relation to the operation of our Website or provided Services. The complaint should be submitted in electronic form and sent to our e-mail address: [email protected]. The complaint should contain information and circumstances regarding the subject of the complaint and your contact details.

We will review your complaint immediately and respond to you not later than within 14 days from the date of the submission of the complaint.

Intellectual Property Rights

All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by the Customer) will be owned by FastCI.

FastCI grants to You a paid (subject to Clause 6.2 a. and Clause 6.3 a.), worldwide, non-exclusive license during the term of the Contract to copy the materials (Documentation and Software) for the purpose of receiving and using the Services.

Except as expressly stated herein, this agreement does not grant You any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Services or the Documentation.

You may not sub-license, assign or otherwise transfer the rights granted in 11.2.

This is the grant of a license, not a transfer of title, and under this license you may not:

modify or copy the Website materials unless You hold a license to a specific material (for instance open source library);

attempt to decompile or reverse engineer, translate, create derivative works, decipher, decrypt, disassemble or apply any other process or procedure to derive the source code of any non-open source FastCI Software;

remove any copyright or other proprietary notations from the materials; or

transfer the non-open source materials to another person or "mirror" the non-open source materials on any other server.

You agree to use reasonable efforts to prevent the unauthorized copying of the Software.

You may not use the Documentation and the Software for any purpose that is unlawful.

The license expires when the termination of the Contract becomes effective, according to Clause 9.

Upon the termination of the Contract for any reasons, you must destroy all copies of the non-open source FastCI Software and any other downloaded materials in your possession whether in electronic or printed format.

You agree to grant FastCI a non-exclusive, royalty-free, non-transferable license to copy and modify any materials provided by You to FastCI for the term of the Contract for the purpose of providing the Services to You.

Other Services provided electronically

FastCI, in accordance with these Terms and Conditions, provides the following Services free of charge to You:

Individual Account

The Individual Account Service is available after the registration process, in accordance with Clause 4 of this document. The Service consists of granting You an individual panel in our ICT system, which allows You to use the additional functions of our Website.

You are entitled to request discontinuation of our Services aforementioned in Clause 12.1 above. With such a request, the Individual Account is terminated, and we must delete your Individual Account, in accordance with the “Privacy Policy” document, available at our Website.

Data Protection

FastCI is the data controller responsible for your personal data.

We apply appropriate technical and organizational means, to ensure the protection of personal data.

Detailed information about rules and purposes of processing your personal data are included in the “Privacy Policy” document, available at our Website.

Disclaimer

The materials on our Website are provided "as is". FastCI makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, FastCI does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on our Website or otherwise relating to such materials or on any sites linked to this site.

Indemnity

You agree to defend, indemnify and hold harmless FastCI against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services and/or Documentation, provided that:

You are given prompt notice of any such claim;

FastCI provides reasonable co-operation to You in the defense and settlement of such claim, at your expense; and

You are given sole authority to defend or settle the claim.

FastCI will defend You, your officers, directors and employees against any claim, according to which your use of the Services or Documentation in accordance with this Contract infringes any patent, copyright, trade mark, database right or right of confidentiality, and will indemnify You for any amounts awarded against You in judgment or settlement of such claims, provided that:

FastCI is given prompt notice of any such claim;

You provide reasonable co-operation to FastCI in the defense and settlement of such claims, at FastCI's expense; and

FastCI is given sole authority to defend or settle the claim.

In no event will FastCI, its employees, agents and sub-contractors be liable to You to the extent that the alleged infringement is based on:

a modification of the Services or Documentation by anyone other than FastCI; or

your use of the Services or Documentation in a manner contrary to the instructions given to You by FastCI; or

your use of the Services or Documentation after notice of the alleged or actual infringement from FastCI or any appropriate authority.

The foregoing states your sole and exclusive rights and remedies, and our entire obligations and liability, for infringement of any patent, copyright, trademark, database right or right of confidentiality.

Limitation of liability

References to liability in this Clause 16 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

Neither party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default.

Nothing in this Clause 16 shall limit your payment obligations under the Contract.

FastCI will not be responsible for the following types of loss related to the use of our Services and/or Documentation:

loss of profits.

loss of sales or business.

loss of agreements or contracts.

loss of anticipated savings.

loss of use or corruption of software, data or information.

loss of or damage to goodwill; and

indirect or consequential loss.

If the performance of any of our obligations under the Contract is prevented or delayed by any act or omission by You or failure by You to perform any relevant obligation, FastCI shall not be liable for any costs or losses sustained or incurred by You arising directly or indirectly from our failure or delay to perform any of its obligations.

FastCI makes no warranty that the Services will always be available, uninterrupted or error-free. FastCI may suspend or withdraw or restrict the availability of all or any part of the Services for business and operational reasons. FastCI will try to give you reasonable notice of any suspension or withdrawal.

Except as expressly and specifically provided in this Contract:

You assume sole responsibility for results obtained from your use of the Services and the Documentation, and for conclusions drawn from such use. FastCI has no liability for any damage caused by errors or omissions in any information provided to FastCI by You in connection with the Services;

all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement; and

the Services and the Documentation are provided to You on an "as is" basis.

This 16 survives termination of the Contract.

Force majeure

FastCI shall not be liable to You under this Contract if it is prevented from or delayed in performing its obligations under this Contract, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, as well as liquidation or bankruptcy, provided that You are notified of such an event and its expected duration.

Final Provisions

FastCI reserves the right to amend these Conditions. Amendments will take place on the day the new Conditions are posted on the Website. Any significant changes to these Conditions will be announced by the appearance of an appropriate message on our Website or by sending an appropriate e-mail.

The provisions of these Conditions are in accordance with generally applicable law of Poland.

FastCI may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.

You may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract.

No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

If any provision or part-provision of these Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.

The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation will be governed by and construed in accordance with the law of Serbia.

The courts of Serbia will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract.