Terms and Conditions

Terms of Service

Welcome to Crypton Mobile.

These Terms govern use of the services that Crypton Mobile provides via its Website, Software or Messaging services (hereinafter “Services”). These Terms also apply to visitors of Crypton Mobile’s website who are not registered clients of Crypton Mobile and do not use the Services.

In these terms of Service (hereafter “Agreement” or “Terms”), “we,” “us,” “our” or “Crypton”” will refer collectively to Crypton Mobile, 725 Broad Street, Augusta, GA 30901 & P.O. Box 1970, Evans, GA 30809, and the terms “you,” “your” and “Customer” will refer to you. To be eligible to use any of Our Services, you must review and accept these Terms by clicking on the “I Accept” button or other mechanism provided. If you are agreeing to the Terms herein in order to use our Services on behalf of an organization, then you are agreeing to these Terms for that organization and promising to Crypton that you have the authority to bind that organization to these Terms (and, in which case, the  terms “you” and “your” or “Customer” will refer to that organization). The exception to these Terms is if that a customer or organization has a separate written agreement with Crypton covering the use of the Services, in which case that agreement will govern such use.

Once accepted, these terms become a binding legal commitment between you and Crypton Mobile.

  1. Introduction

These terms and conditions govern the legal relationship between Crypton Mobile and its Users and incorporate the provisions of the Crypton Mobile Privacy Policy.

THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT DISCLAIM, LIMIT AND EXCLUDE THE LIABILITY OF CRYPTON MOBILE TO YOU AND THAT INDEMNIFY CRYPTON MOBILE AGAINST CLAIMS AND DAMAGES THAT IT MAY SUFFER AS A RESULT OF YOUR CONDUCT.

  1. Definitions
    1. The words and phrases listed below shall bear the following meanings in these terms and conditions:
      “Recipient”means any person or entity who receives or is intended to receive any message sent by a User using the Services;

“Access Device” means any electronic device  used by your clients to access their account and view electronic documents. This includes, but is not limited to: a traditional computer such as a desktop or laptop computer; or a mobile device such as a tablet computer or a smartphone.
“Network Operator” means any party licensed to install, operate and maintain a cellular telephone network;
“Services” shall mean and include all products and services offered or provided to Users by Crypton Mobile, including, but not limited to: E-Vault Services, E-Signature Services and SMS.
“SMS” means a short message service provided by means of a text or data message to a cellular device.
“User” shall mean any natural or legal person who makes use of any of the Services or who uses or visits the Website;      “Evault” means any secure electronic document management system for the storage and management of Electronic Loan Documents or any other Electronic Documents;                                                                            “E-Signature” means the ability to allow a person to electronically affix a signature or its equivalent to an electronic document, as when consenting to an online agreement.

  1. Any reference herein to the singular includes the plural and vice versa, and any reference to one gender includes the other gender.
  2. To the extent that any provision of this Agreement conflicts with any law, then to the limited extent of such conflict, such provision shall be severed from this Agreement without affecting the enforceability of the remainder of its terms.
  1. Agreement
    1. Persons using the Website or the Services for any reason whatsoever bind themselves and agree to these terms and conditions.
    2. Should a User not agree to all the terms and conditions of this agreement or be unable to comply with these terms and conditions, the User should immediately cease using the Website or the Services.
    3. You may not use the Website or the Services if you are not of a legal age to form a binding contract with Crypton Mobile.
    4. Users agree that all terms and conditions published herein shall be binding on the User. Should there be a contradiction between these general terms and conditions and any other product-specific or service-specific terms and conditions listed in separate Service Agreements with Users, then the terms and conditions in the Service Agreement shall prevail to the limited extent of such conflict.
    5. Crypton Mobile reserves the right to refuse to accept and/or execute an order or request to do business or to render any Services without giving any reasons therefor. Crypton Mobile also reserves the right to cancel orders in whole or in part in Crypton Mobile’s sole and absolute discretion.
  2. Changes and Amendments

Crypton Mobile expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in these terms and conditions or any information on the Website without prior notice.

  1. The Services
  2. SMS SERVICES
    1. Crypton Mobile shall make all reasonable endeavors to ensure uninterrupted and continued use of its Services, however the delivery of SMS messages is largely dependent on the effective functioning of Network Operators’ cellular networks, network coverage and the SMS recipient’s mobile device. Crypton Mobile does not and cannot guarantee the availability of any Service, the delivery of SMS messages or the compatibility between any message or content format and any particular mobile device or mobile operating systems.
    2. Network Operators may modify, enhance, develop or discontinue components of their services at any time without prior notice, in which event Crypton Mobile shall be entitled to modify, enhance, develop or discontinue affected Services to Users without notice.
    3. Crypton Mobile shall use its reasonable endeavors to provide the User with advance notice of any modification, suspension or termination of its Services and shall endeavor to minimize the duration of any suspension thereof in so far as is reasonably practicable.
    4. Messages shall be deemed to have been delivered when Crypton Mobile has sent the messages to the immediate destination that it is requested to send to, including, but not limited to, mobile telephone networks, SMTP or other servers.
    5. Crypton Mobile shall have the right to withhold, terminate or suspend the provision of Services to the User at any time. Where this Agreement or the provision of any Service is terminated by Crypton Mobile for any reason other than for a breach by the User or discontinuance of a Service by a Network Operator, Crypton Mobile shall refund all monies paid in advance by the User for any unused terminated Service.
    6. Any refunds that may be due and payable to a User shall be refunded after the deduction of all credit card and payment merchant charges and any reasonable administration charges.
    7. Services may be terminated by the User as governed by the specific Service Agreement entered into with Crypton Mobile.
    8. Crypton Mobile shall provide, on request, service information to a recipient of message sent by a User utilizing a standard rate short code for delivering messages. As per network rules and industry regulations, the following processes and procedures will apply for standard rate short code programs:
      1. Should a recipient have received a message from a User sent via Crypton Mobile and should a recipient no longer wish to receive such messages, the recipient may undertake any of the following:
        1. Text STOP to 59358 & 43887 to cancel.
        2. Email Crypton Mobile with their mobile number and request to no longer receive any further messages.
      2. Customer Service Contact Information is as follows:
        1. Email address: SUPPORT@CRYPTON MOBILE.COM
      3. All messages sent via Crypton Mobile are standard rate programs and message and data rates may apply.
      4. ELECTRONIC DOCUMENT SERVICES
      5. This Service Agreement allows Service Provider to provide your clients with electronic versions of important notices and documents associated with their accounts. Electronic Documents will be delivered to your clients via electronic means in a .pdf document. You are strongly encouraged to save or print the documentation for future reference and to instruct your clients to do the same.
      6. Service Provider warrants it is the proper entity to act as the custodian of the Documents within the meaning of UCC § 9-105(b)(3) for the purpose of exercising control of the Documents pursuant to the terms outlined herein.
      7. Requesting Copies of Documents Presented Electronically. You agree and understand that versions of electronically presented documents may not be mailed to you or your clients unless specifically requested. To request a copy of any disclosure, notice, or other document, contact us at SUPPORT@CRYPTON MOBILE.COM or by Call/Text at (888)418-4104. Electronic “Non-Authoritative” copies of requested documents will be sent at no charge via Email, API, FTP or other electronic means. Service Provider will retain all Original “Authoritative” documents executed under this Agreement.
    9. Acceptable Usage
      1. Users acknowledge and understand that Crypton Mobile acts as a conduit for the dissemination of information and content, as well as provides E-Signature and E-Vaulting services. Users acknowledge that Crypton Mobile shall not be responsible or liable for any content transmitted and that full responsibility for content shall rest on the User. Users shall adhere to all relevant laws and regulations applicable in their jurisdiction and in the jurisdiction of all persons to whom they cause messages to be delivered. It shall be the sole responsibility of Users to familiarize themselves with all applicable laws and regulations, and to ensure compliance therewith.
      2. Users shall ensure that all messages, information and content produced or generated for transmission or delivery by means of the Services shall comply with all laws and regulations in all areas where messages are sent or received by or from the User, including but not limited to the following laws and regulations:
      3. The Controlling the Assault of Non-solicited Pornography and Marketing Act (CAN SPAM);
      4. The Telephone Consumer Protection Act (“TCPA”);
    10. The Rules of the Federal Trade Commission (“FTC”)    relating to the sending of unwanted commercial messages.
    11. Users shall not do anything that would result, directly or indirectly, in any breach by Crypton Mobile of any applicable laws or regulations. Any such conduct will result in Crypton Mobile’s ability to immediately suspend or terminate the provision of Services to the User and the User shall have no claim of any kind against Crypton Mobile (including claims for re-imbursement, refund, compensation, or damages). Users hereby indemnify Crypton Mobile against any fine imposed on Crypton Mobile or any damages suffered by Crypton Mobile as a result of any act or omission of a User as outlined herein.
    12. Users may not use, or knowingly allow others to use, the Services for any purpose that, in Crypton Mobile’s sole and absolute discretion, is improper, immoral, or illegal. Users shall not permit or do anything which might have the effect of prejudicing or impeding the legitimate activities, interests, or goodwill of Crypton Mobile.
      1. Users acknowledge and agree that all messages sent may be stored and may be audited and reviewed by Crypton Mobile or any other person acting on behalf of Crypton Mobile at any time to ensure compliance with these terms and conditions and any applicable laws or regulations.
    13. Registration and Security
    14. To register and use the Services, a User must provide Crypton Mobile with up to date, complete and accurate information as requested by Crypton Mobile. Failure to provide accurate and complete information may result in termination of the Services.
      1. Users agree to notify Crypton Mobile immediately of any unauthorized use of their account(s) or any other breach of security.
      2. Any person who lodges a notification of unlawful activity with a service provider knowing that it materially misrepresents the facts is liable for damages for any wrongful suspension or deactivation of services. Users acknowledge and agree that Crypton Mobile shall not be liable to the User or any other person for damages or other liabilities resulting from wrongful suspension or deactivation of services in response to any such notification.
      3. No Crypton Mobile account may be is transferred from one party to another without the written consent of Crypton Mobile. Where Crypton Mobile consents, the new party shall be responsible for updating all details on the account accordingly.
    15. Privacy
      1. Crypton Mobile will not intercept, monitor, copy or disclose any User messages or personal information about the User or the User’s Crypton Mobile account, other than in the normal course of the use of the Services, without the User’s prior permission unless Crypton Mobile believes in good faith that such action is necessary to conform to legal requirements; to comply with valid legal process; to comply with lawful investigations, summonses, subpoenas; to protect the rights and interests of Crypton Mobile, the User or other third party; and to enforce any of the provisions of these terms and conditions. The User agrees that Crypton Mobile may access its account and message contents for the purposes described above without notice and in order to respond to service or technical issues and that Crypton Mobile may communicate with the User from time to time for purposes including, but not limited to, communicating information regarding any updates, notices, or other information.
    16. A recipient of a message has the right to know the identity of the sender, and this will be disclosed on request to the recipient.
    17. Users agree that Crypton Mobile may make use of a User’s non-identifiable account usage data for statistical and analytical purposes. Crypton Mobile does not process or share any data that allows any third party to identify any individual persons or entities. In accepting these terms services, a user agrees that Crypton Mobile may use and share de-personalized data for the analytics purposes set out above.
    18. Users agree that they shall not violate any privacy laws or regulations relating to the protection of personal information.
  3. Payment and Prices
    1. Payments and processes for services will be outlined in the specific Service Agreement with User.
    2. Network Operators’ charges for use of their networks and for SMS services may differ may be altered by Network Operators from time to time and without prior notice to Crypton Mobile or its Users. In the event that a Network Operator alters the charges for use of its network and/or services, Crypton Mobile retains the right to increase the cost per message, for that specific network.
    3. Crypton Mobile shall have the right to suspend or disable the operation of any User account and its services to any User where payment of all charges have not been made in full by the due date.
  4. User Warranties and Obligations
    1. Users warrant that:
      1. Recipients of any commercial messages have a recent prior commercial relationship with the User and would reasonably expect to receive communications from the User or that the recipient has consented to receive said message;
    2. They shall comply with all applicable laws, regulations or Network Operator requirements which may be applicable in their jurisdiction and the jurisdiction of all persons to whom they cause messages to be delivered;
    3. They shall include accurate contact details and identifying particulars in their messages;
    4. They shall not send unlawful, abusive, harassing, threatening or obscene messages; and
    5. They shall not engage in any fraudulent act by means of or in connection with any of the Services.
  5. Breach

Where a User breaches any of these terms and conditions, Crypton Mobile shall be entitled to, amongst other things, cancel its agreement with the User; suspend or terminate the services to User; or claim damages and/or retain any monies already paid by the User for services not utilized by User as damages resulting from such breach.

  1. Limitation of Liability, Warranties, and Indemnities
    1. THE USER HEREBY INDEMNIFIES AND HOLDS CRYPTON MOBILE HARMLESS AGAINST ANY AND ALL DAMAGES AND/OR LIABILITIES THAT MAY FOLLOW FROM THE VIOLATION OF THESE TERMS AND CONDITIONS.
    2. CRYPTON MOBILE SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY ARISING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE SERVICES OR FOR ANY CONTENT PROVIDED FROM AND THROUGH THE WEBSITE.
    3. Furthermore, Crypton Mobile makes no representations or warranties, implied or otherwise, that the content available from the website is free from errors or omissions or that the Services will be 100% uninterrupted and error free.
    4. These terms and conditions together with any Service Agreements expressly referenced in these terms and conditions contain all of the terms of agreement between the User and Crypton Mobile.
    5. The Website and the Services are supplied on an “as is” basis. It is the sole responsibility of the User to satisfy itself prior to entering into any Service Agreement with Crypton Mobile that the Services will meet the User’s individual requirements and be compatible with the User’s hardware and/or software and message recipient handsets and devices.
    6. Users agree to hold Crypton Mobile harmless and indemnify Crypton Mobile fully against any claim by any third party, including message recipients or End Users, as a result of any system failure, message corruption, interruption or termination of services, unsolicited direct marketing, harassment, emotional disturbance, inappropriate or obscene content, breach of privacy or breach of data security, provided that none of the foregoing result from Crypton Mobile’s own gross negligence or fraudulent acts or omissions.
    7. Users indemnify and hold Crypton Mobile harmless against all reasonable damages claimed by any party as a result of any action or omission by the User that constitutes a breach or contravention of any applicable laws or regulations.
    8. In no event shall Crypton Mobile be liable for any damages whatsoever for loss of use, profits, data or other intangibles arising out of or related to the use, inability to use or unauthorized use of the Website or the Services.
  2. General
    1. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these terms and conditions is found to be unenforceable or invalid, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
  3. Disclosure of Information
    1. The full name and legal status of Crypton Mobile is Crypton Mobile, a D’LangEMobile, LLC company
    2. Company directors: David Phillips, President
    3. Physical address for receipt of legal service is: 725 Broad Street, Augusta, GA 30901.
    4. Main business: E-Signature and E-Vault services; SMS Messaging services and solutions; Artificial Intelligence/Machine Learning; Identity Verification; Short links and Blockchain technology.
    5. Records of transactions: Records of transactions may be obtained from Crypton Mobile on request.
  4. Proprietary Rights
    1. All content, trademarks and data on this website, including but not limited to software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to Crypton Mobile and as such, are protected from infringement by domestic and international legislation. Subject to the rights afforded to the User herein, all other rights to all intellectual property on this site are expressly reserved.
    2. The User acknowledges that Crypton Mobile retains ownership of all propriety applications, software, intellectual property and any portions or copies thereof, and all rights therein. Upon termination of the Services for any reason, this License will terminate, and the User shall destroy and cease to use all software and applications in its possession. The software is provided, and applications are offered “as is” and subject to the Service warranty disclaimers and limitations of liability found elsewhere in these terms and conditions. It is the responsibility of the User to test the Services should they wish prior to entering into this agreement.
    3. Content from the Website may not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Crypton Mobile.
  5. Applicable Law

These terms and conditions shall be governed by, construed and interpreted in accordance with the laws of the State of Georgia and the United States of America and the Superior Courts of Richmond County, Georgia, and the Federal Courts of the Southern District of Georgia shall have exclusive jurisdiction in respect of any disputes that may arise between the User and Crypton Mobile.

  1. Entire Agreement

These terms and conditions constitute the entire agreement between Crypton Mobile and the User.

  1. Contact Information

If you have any questions, please contact us at the following address, which address shall be the address at which any legal notices or documents shall be required to be served:

725 Broad Street, Augusta, GA 30901

Telephone:  (888) 418-4104

Email address: SUPPORT@CRYPTONMOBILE.COM

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