Terms of Use

TERMS OF USE

Publication date: 11 May 2022

If you use the Messengers Services, please read the terms and conditions of these Terms of Use carefully.

The Terms of Use govern the relationship between the User and the Messenger in the provision of the Services.

The Terms of Use are a document that is a public offer agreement, and by accepting it, you agree to its terms and agree to abide by its provisions.

References to the words "you," or "yours" (or similar words in meaning) mean our User, depending on the context of the Privacy Policy.

References to the words "we," "our," or "us" (or similar words in meaning) mean the Messenger Cryptico.

USE OF MESSENGER SERVICES IN ANY FORM MEANS ACCEPTANCE OF THESE RULES OF USE AND AGREEMENT TO FOLLOW THEM.

  1. 1.1. Account - is a software part in which the User places Personal Data, files, and confidential information and performs anonymous communication with another User.
  2. 1.2. Messenger Cryptico (hereinafter referred to as “Messenger” or “Cryptico”) - is software designed for the anonymous exchange of messages, and content between Users.
  3. 1.3. Cryptico Site (hereinafter “Site”) - means a web page or group of web pages on the Internet, which are located at: https://cryptico.chat/
  4. 1.4. Cryptico Application (hereinafter referred to as “Application”) - is a type of software through which Users communicate anonymously and/or share content.
  5. 1.5. Personal Data - means any information that directly or indirectly allows identifying the User. For example, name, surname, phone number, IP address.
  6. 1.6. Services - an algorithm of actions that the Messenger provides the User in the field of anonymous messaging and file exchange.
  7. 1.7. Third Party - means a natural or legal person, government agency, institution, or body other than the User, Controller, Processor, and persons authorized by the Controller or Processor under their direct supervision to process Personal Data.
  8. 1.8. User - an individual who registers on the Site, communicates with another User through the Application and/or web version of the Messenger, and receives the Services.
  9. 1.9. User Consent (hereinafter referred to as "Consent") - means a voluntary, specific, informed, and unambiguous expression of will in which the User, using a statement or a clear positive action, agrees to the processing of his Personal Data.

2. SERVICES

  1. 2.1. Messenger services are intended for registered Users. Cryptico has the right not to provide Services to such Users.
  2. 2.2. The essence of the provision of the Services is to provide Users with the opportunity to anonymously exchange Personal Data, information, messages, and files with each other.
  3. 2.3. The transfer of any data between Users is completely anonymous, in accordance with the terms of the Privacy Policy, and the Messenger does not have access to any User data, and Users receive completely secure and anonymous communication with each other.
  4. 2.4. MessAnonymous communication is carried out using the Application and/or the web version of Messenger. The user can install the Application for both "iOS" and "Android". If the User does not install the Application, he will not be able to use the Messenger Services.
  5. 2.5. The User can install the Application using the link on the Site.
  6. 2.6. Introductory information about the Cryptico Messenger is posted on social networks: Instagram, Facebook, and Twitter. The User can get acquainted with the information provided in social networks using the link provided on the site.
  7. 2.7. Using the Account, the User can perform the following actions:
    1. 2.7.1. IP address;
    2. 2.7.2. exchange any data, including Personal Data; files, confidential data; images;
    3. 2.7.3. change your profile settings;
    4. 2.7.4. view ID token;
    5. 2.7.5. block your account.
  8. 2.8. IntrodMessenger provides an opportunity for cooperation for Users. Cryptico posts vacancies and requirements for them in the "Careers" section of the Site.
  9. 2.9. Cryptico provides the User with the opportunity to get acquainted with various topics, facts, and new information in the "Blog" section of the Site.
  10. 2.10. The Messenger provides support to the User in the form of an online chat widget or via a message to the Messenger's email: [email protected]
  11. 2.11. In the "Technical" section of the Site, the User can obtain additional information in the form of:
    1. 2.11.1. Documentation;
    2. 2.11.2. Whitepaper;
    3. 2.11.3. Lightpaper.

3. REGISTRATION/AUTHORIZATION

  1. 3.1. To register in the Messenger, the User must use the appropriate section of the Site.
  2. 3.2. To register in the Messenger, the User does not need to provide his Personal Data.
  3. 3.3. The procedure for registering User in the Messenger:
    1. 3.3.1. Specify a nickname;
    2. 3.3.2. The messenger creates a personal seed phrase, which consists of three words. The user independently stores the seed phrase. After the first display, the seed phrase will no longer be displayed;
    3. 3.3.3. Specify the seed phrase in the registration form;
    4. 3.3.4. The Messenger creates an ID token, according to which the User is identified. The ID token is shown only once and the User undertakes to keep the ID token to use the Messenger;
    5. 3.3.5. Messenger creates an Account for the User.
  4. 3.4. The procedure for authorization User in the Messenger:
    1. 3.4.1. The User needs to lead a seed phrase, which consists of three words;
    2. 3.4.2. Specify an ID token;
    3. 3.4.3. The Messenger provides access to the Account.
  5. 3.5. The Меssenger software sends the public key to the server, where it is stored under a unique identifier (UUID).The Messenger server is located in the Federal Republic of Germany.

4. TARIFF

  1. 4.1. Services are provided to the User in the form of a subscription (monthly or yearly) divided into tariffs. The currency of payment is the US dollar.
  2. 4.2. Cryptico provides three types of tariffs:
    1. 4.2.1. Free.
    2. 4.2.2. Personal.
    3. 4.2.3. Enterprise.
  3. 4.3. The cost of the Services is indicated in the relevant section of the Site. The cost of the Services may change. In the event of a change in the cost, the Messenger notifies the User of such a change.
  4. 4.4. The User pays for the Services in the form of an advance payment. In the event of a change in the cost, the Messenger does not charge the payment from the next month and does not recalculate the payment amount for the current month.

5. INTELLECTUAL RIGHTS

  1. 5.1. Unless otherwise indicated, the Site and Application are our proprietary property and all source code, databases, functionality, software, site designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.
  2. 5.2. The Content and the Marks are provided on the Site and Application “AS IS” for your personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
  3. 5.3. Provided that you are eligible to use the Site and Application, you are granted a limited license to access and use the Site and Application and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal non-commercial use.
  4. 5.3. All intellectual rights to Personal data, confidential information, files, data transferred in the Messenger belong to the User.

6. RESPONSIBILITY

  1. 6.1. The User is solely responsible for the safety of the seed phrase or ID token. In case of loss of the seed phrase or ID token, the Messenger is not obliged to restore the User's access to the Account, since the data is stored in an anonymous form and the Messenger does not have access to the User's data. In case of loss of the seed phrase or ID token, access to the Account and the User's Personal Data will be lost, and the User has the right to create a new Account.
  2. 6.2. If the User creates DDOS bots to attack the Messenger software, the User has the right to block the User's Account for up to 3 (three) years. The decision on the term of blocking the Account is made by a Cryptico employee.
  3. 6.3. Cryptico is not responsible for the content and Personal Data posted by the User in his Account or transferred to another User since the Messenger does not regulate anonymous communication between Users and does not have access to it.
  4. 6.4. Cryptico shall not be liable for any damages incurred by the User as a result of the use of his Personal Data by a Third Party.
  5. 6.5. The User must not use the Services for commercial purposes. You may not sell, resell, license, sublicense, transfer or distribute the Services to Third Parties without the prior express permission of the Messenger.
  6. 6.6. To the extent permitted by law, we provide Services "as is." This means that we do not provide any guarantees, including but not limited to warranties of the commercial quality and suitability of the Services for specific purposes.
  7. 6.7. THE CRYPTICO WILL NOT BE LIABLE FOR EFFECTS CAUSED BY AN ACT OF HACKERS, CRIMINAL SOFTWARE CHANGES, AND OTHER TYPES OF UNAUTHORIZED ACCESS AND USE OF SERVICES.
  8. 6.8. There may be information on the Site and Application that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site and Application at any time, without prior notice.
  9. 6.9. CRYPTICO reserves the right, but not the obligation to:
    1. 6.9.1. monitor for violations of these Terms of Use;
    2. 6.9.2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such User to law enforcement authorities;
    3. 6.9.3. in our sole discretion and without limitation, notice, or liability, to remove from the Site and Application or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
    4. 6.9.4. manage the Site and Application in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Application.
  10. 6.10. The Messengers reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you and the User agrees that Messengers has no liability whatsoever for any loss, damage, or inconvenience caused by his inability to access or use the Site and Application during any downtime or discontinuance of the Site and Application. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site and Application or to supply any corrections, updates, or releases in connection therewith.
  11. 6.11. We cannot guarantee the Site and Application will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site and Application, resulting in interruptions, delays, or errors.

7. USER CONSENT

  1. 7.1. The User confirms that he has reached the age of eighteen and does not use the Services for illegal purposes.
  2. 7.2. The User provides his informed and express Consent to the terms of these Terms of Use.

8. APPLICABLE LAW AND DISPUTE RESOLUTION

  1. 8.1. All relations between the Messengers and the User arising from the fulfillment of the terms of these Services for the use and use of the Services are governed by the laws of Ukraine.
  2. 8.2. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 10 (ten) business days before initiating the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
  3. 8.3. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court at the Chamber of Commerce and Industry of Ukraine (ICAC) in accordance with the laws of Ukraine. The number of arbitrators shall be one (1). The seat, or legal place, of arbitration, shall be Kyiv. The language of the proceedings shall be English.
  4. 8.4. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

9. DURATION OF TERMS OF USE

  1. 9.1. The Terms of Use are in effect during the period of use of the Services by the User. In the event of termination of the use of the Services and termination of relations between the parties, the Terms of Use conditions shall cease to have an effect.

10. CHANGES TO THE TERMS OF USE

  1. 10.1. The Messenger notifies the User about making changes to the Terms of Use by posting news on the Site. The Messenger updates the date of change of the current version of the Terms of Use in the line "Last update."
  2. 10.2. The User is obliged to read the new terms of the Terms of Use, and the Messenger is not responsible if the User has not read the new terms of the Terms of Use.
  3. 10.3. Our electronic or otherwise retained copies of the Terms of Use are considered valid, complete and enforceable versions of these Terms of Use in effect at the time of your visit to the Site or Application. If the User uses the Services after updating the Terms of Use, we have the right to assume that the User has read the new version of the Terms of Use and agrees to the terms of the Services.

11. CONTACTS

  1. 11.1. The User has the right to contact the support service of the Messengers at [email protected] to ensure his rights, by the terms of this Terms of Use, or in case of violation of his rights, or to leave a response or ask questions.