Terms of Service 

Before using FydeOS or any other product or service we provide, please carefully read this agreement, especially the clauses on exemption or limitation of liability, jurisdiction and applicable law, and the terms about opening or using a service provided by a third party. 

Any part or all of FydeOS, once copied, installed or used, indicates that you accept all terms and conditions stipulated in this agreement. You may enter into another written agreement directly with Fyde Innovations Ltd, a company registered in England, UK (hereinafter referred to as “we”, “us”, or “our”, where appropriate) to supplement or replace all or any part of this agreement. FydeOS is only licensed for use under the terms of this agreement and is not for sale. We will update this agreement from time to time, and the updated content will become an integral part of this agreement once officially released. 

If you continue to use FydeOS and our other products and services after the release of the updated content, it means that you agree to the new terms; if you do not agree to the new terms, you should delete FydeOS and stop using our products and services, close your FydeOS account. If you are a parent or guardian, please help your minor children close their FydeOS accounts. If you are under 18 years old, please read this agreement and other above-mentioned agreements under the accompaniment of your legal guardian, and pay special attention to the clauses for minors.

Section 1: Software Licence Statement for FydeOS

1.1. Licence authorisation

We only provide you with a licence to use FydeOS, not sell the ownership of FydeOS to you; after you agree to all the terms, we will grant you the right to use FydeOS in specific devices through a licence. You may not be able to use FydeOS before renewing the licence after the licence term expires or terminates.

1.2. Licence type

• FydeOS Basic: When you boot any publically available FydeOS release, we automatically grant you a non-exclusive and non-transferable licence for free, so that you can install and use FydeOS on one or more supported devices that you own or control, for your personal and non-commercial purposes. This is sometimes displayed as “FydeOS unlicensed version”. FydeOS Basic includes the core functions of FydeOS.
• “FydeOS for You” subscription: Each device installed with “FydeOS for You” releases comes with a 90-day trial from the first time it is activated online. Before or after the trial expires, you can purchase the subscription for your device online. In addition to granting you a non-exclusive and non-transferable FydeOS Basic licence, we also grant you a non-exclusive and non-transferable licence for the use of the “FydeOS for You” release, as an extension of the functionality of FydeOS Basic (see our website for details), for your personal and non-commercial purposes. You must connect to the internet to activate, update and verify the subscription. If your copy of the “FydeOS for You” cannot verify its subscription status, it may not be able to be used continuously. You agree that we can change the software packages included in “FydeOS for You” at any time (such as related components, versions, platforms, languages, adding or removing some extensions, etc.) and do not assume any responsibility for such changes. You can change the device that installs and uses “FydeOS for You”, but you must transfer the active subscription from one to another.
• FydeOS Enterprise Solution: The FydeOS Enterprise Solution is our commercial offering, tailored for businesses and organisations. It is designed to provide a robust and flexible operating system solution for commercial deployment. The licensing structure is similar to the publicly available FydeOS releases but with the added benefit of commercial support from our team.
  • FydeOS Enterprise Basic: The Basic tier offers a non-exclusive and non-transferable licence for the use of FydeOS Enterprise Basic on one or more supported devices that your business owns or controls, for commercial purposes. This tier includes core functionalities of FydeOS, designed to meet the needs of businesses seeking a reliable and efficient operating system.
  • FydeOS Enterprise Business+: The Business+ tier extends the functionalities of the Basic tier with additional features designed for larger businesses and organisations. This non-exclusive and non-transferable licence allows for the use of FydeOS Enterprise Business+ on one or more supported devices that your business owns or controls, for commercial purposes.
  • FydeOS Enterprise Grid: The Enterprise Grid tier is a bespoke offering tailored to the specific needs of your business. It includes all features of the Business+ tier, with additional customisation options and services. This non-exclusive and non-transferable licence allows for the use of FydeOS Enterprise Grid on one or more supported devices that your business owns or controls, for commercial purposes.
• FydeOS Management Cloud: 
  • The FydeOS Management Cloud is the central hub for managing and controlling the FydeOS Enterprise Solution. It serves as the entry point and the core component for all users of the FydeOS Enterprise Solution.
  • This platform allows users to manage FydeOS Enterprise Solution licences for their managed FydeOS devices, providing a comprehensive dashboard for effective oversight and control.
  • While no explicit licences or subscriptions are required to use the FydeOS Management Cloud, unlocking additional functionalities, such as enhanced cloud management capabilities, requires active FydeOS Enterprise Business+ or FydeOS Enterprise Grid licences. This non-exclusive and non-transferable licence allows for the use of FydeOS Management Cloud in a commercial capacity, providing businesses with a centralised solution for managing their FydeOS deployments.

1.3. Additional Terms of Use for the FydeOS Enterprise Solution

• The FydeOS Enterprise Solution is a commercial offering. Purchasing any license within this solution requires payment according to our current pricing list. We periodically adjust the FydeOS Enterprise Solution and FydeOS Management Cloud, including functionality, pricing, and operation. As a result, your purchase and renewal of licences may be subject to different services and fees over time.
• The specifics of the FydeOS Enterprise Solution offering, including content, functions, pricing, and service availability, are subject to our latest service announcement. We recommend regularly checking our website for updates.
• The service term of your FydeOS Enterprise Solution is determined by the license type you choose and the actual license you purchased. 
• Before subscribing and paying for the FydeOS Enterprise Solution licenses, you should carefully read, fully understand and confirm the information. After the payment is completed, it can only be refunded if due to technical reasons from our side.
• You understand and acknowledge that if you use a third-party payment tool or platform as a payment method, the payment method you choose may have certain risks, including but not limited to illegal activities by criminals using your account or bank card and other valuable cards, which may cause you monetary losses. We cannot be held responsible for such third-party risks.
• We will send a renewal reminder notice as your licences approach expiration. If you do not renew, the devices utilising FydeOS Enterprise Solution will cease functioning when the service term expires.
• We reserve the right to suspend or terminate the functioning of devices under FydeOS Enterprise Solution or the FydeOS Management Cloud service for legitimate reasons, government requirements, or force majeure. In such cases, we may process a refund without your application, unless otherwise agreed.
• Please be aware that due to the nature of internet services, we may need to perform maintenance, upgrades, or adjustments to our servers and software. We do not compensate for downtime during these situations, unless otherwise agreed under a separate Service Level Agreement (SLA).

Section 2: Acquisition, Installation, Update and Deletion of FydeOS

• You can download FydeOS images directly from our official website. If you obtain FydeOS or an installer with the same name as FydeOS from a third party not authorised by us, we cannot guarantee its functionality or safety and do not assume responsibility for the losses that could cause you.
• We have released different variants for different types of devices, and you should choose the appropriate variant according to the actual situation of your device or hardware setup.
• After downloading the FydeOS image, you need to boot or install it according to the steps provided on our website. Such an operation could cause permanent data loss in your data storage medium. We do not assume responsibility for the losses caused by improper operation during installation.
• In order to improve user experience, enhance the functionality and boost the performance of FydeOS, we will constantly strive to update internal components, develop new features and resolve bugs. In consequence, we will provide system updates for you from time to time.
• FydeOS may automatically detect and install updates automatically, unless disabled by you. By using FydeOS, you agree that we have the right to update FydeOS, or change or limit some functions.
• After the new version of FydeOS is released, the old version will no longer be available to download on our website. FydeOS does not guarantee that the legacy version will remain available and functional.
• If you no longer need to use FydeOS, you can delete FydeOS yourself (by formatting your hard drive or installing another operating system software to override FydeOS). The “FydeOS for You” or FydeOS Enterprise Solution licences you have obtained that are still within their validity will not be suspended or terminated due to the deletion of FydeOS, and the fees you paid for purchasing the licences will not be refunded due to the deletion of FydeOS.

Section 3: FydeOS Account

• Some features within FydeOS and its related products and services (such as FydeOS Community, FydeOS Store and FydeOS Remote Desktop) require a FydeOS account to function.
• When you sign up for a FydeOS account, you must provide at least one verified contact information: your email address or mobile number. If the information you provided changes after signing up for a FydeOS account, you should update them promptly. We do not assume any responsibility for losses caused by failure to update information promptly.
• The contact information you provide may be used for formal communication between both parties, for example, delivery of important service announcements and legal documents in dispute resolution. If the contact information we have on you is no longer correct and such formal communication cannot be directly delivered, it will be deemed to be delivered on the 7th day after posting from our side.
• You should be responsible for your FydeOS account. Only you can use your FydeOS account, and the account cannot be transferred, gifted or inherited.
• You should adequately protect the safety of your FydeOS account and its password, and bear full responsibility for all operations performed with the credential. Suppose you find that someone else is impersonating or stealing your FydeOS account and password or any other situation without legal authorisation. In that case, you should immediately notify us in an effective way and ask us to suspend related services. At the same time, we should respond to your request promptly, and you should understand that before this, we do not assume any responsibility for the instructions executed in your account and the losses caused to you. For the loss of account password, account theft, etc., caused by not fulfilling the above-mentioned custody obligations, you should bear all losses arising therefrom. We should actively take reasonable technical and management measures to ensure the security and effectiveness of user accounts.

Section 4: Privacy and Personal Data Protection

We are committed to protecting your privacy and data security, which is why we’ve created a separate “Privacy Statement” page. You should read our Privacy Statement to understand how we collect, use, store, and protect your personal information and your rights. Our privacy policy is included under the scope of this User Agreement. Some additional notes on privacy and personal data protection:

• To ensure the use of industry-standard content encryption technology to protect the information transmission between your supporting device and us, we may use digital certificates. You cannot disable this digital certificate to protect the security of the above transmission. By using FydeOS, you agree to share this information and this interaction technology.
• You need to be responsible for your local data security and backup. You understand and agree that FydeOS cannot provide services such as retrieving lost data in case of hardware failure.
• You understand and agree that the development of FydeOS is a continuous process. To promote the constant evolution of FydeOS, you are encouraged to provide us with suggestions, feedback, or other data about system errors, bug reports, improvement suggestions, or field applications of FydeOS (referred to as “contributions”). You fully understand and agree that we may use your contributions to FydeOS and/or related products or services. Unless explicitly agreed otherwise, you grant us an irrevocable, permanent, non-exclusive, worldwide, unrestricted licence to disclose, use, and incorporate when developing, demonstrating, displaying, licensing, modifying, copying, distributing, and selling FydeOS and/or related products and services with your contribution. At the same time, please ensure that your contribution does not contain your or any third party’s confidential and copyright information.
• If you are under 18 years old, you must obtain the written consent of your legal guardian before using FydeOS.

Section 5: Terms of Use

• Unless expressly authorised by law, stipulated in this agreement, or approved in writing by us, users are strictly prohibited from engaging in the following activities:
  • Renting, leasing, lending, gifting, or transferring FydeOS for a fee, or creating derivative works based on FydeOS. You are also forbidden from promoting or enabling others to engage in these activities.
  • Altering or deleting the copyright, trademark, or other intellectual property statements in FydeOS, its copies, or any third-party software associated with FydeOS.
  • Reverse engineering, disassembling, decompiling, or attempting to discover the source code of FydeOS, or modifying FydeOS in any form. You must not undertake these activities directly or indirectly or apply any similar operations to any software or firmware acquired under this agreement.
  • Interfering with the data stored in memory during FydeOS operation, the interaction data between the client and the server during software operation, and the system data necessary for FydeOS operation. This includes, but is not limited to, using unauthorised extensions, add-ons, or third-party tools/services to access FydeOS and related systems.
  • Modifying or manipulating the instructions and data during FydeOS operation, altering the functions or operational effects of FydeOS, or publicly disseminating software and methods used for these purposes, regardless of commercial intent.
  • Using any third-party software, extensions, add-ons, or systems that interfere with the usage of FydeOS and its components, modules, or services independently or on behalf of others. You must not develop, publish, distribute, or disseminate such tools.
  • Engaging in behaviour that harms FydeOS or uses FydeOS to compromise computer network security.
  • Using FydeOS or FydeOS services in a manner that intends to evade these Terms of Use, violates applicable laws and regulations, or exceeds fair usage parameters.
  • Transmitting excessive data to others could lead to Denial of Service from FydeOS or via FydeOS services. You must not induce or incite others to transmit such data.
  • Conducting any other activities that have not been expressly authorised or permitted by us or that violate this agreement.
• While using FydeOS and/or FydeOS services, users must not engage in the following behaviours, or aid and abet such behaviours:
  • Uploading, storing, publishing, transmitting, disseminating, or utilising content that violates national laws, undermines national security, societal stability, public order or social ethics, or causes insult, defamation, obscenity or violence.
  • Uploading, storing, publishing, transmitting, disseminating, or utilising content that infringes upon the legal rights of others, such as rights to reputation, personal image, intellectual property, or trade secrets.
  • Uploading, storing, publishing, transmitting, disseminating, or utilising content that involves the privacy, personal information, or private data of others.
  • Publishing, transmitting, or disseminating harassing messages, advertising, or spam.
  • Distorting facts or concealing the truth to mislead or deceive others.
  • Publishing, transmitting, or disseminating advertising and spam.
  • Engaging in any other behaviours that violate laws, regulations, policies, public order, or social ethics.

These terms are not exhaustive, and we reserve the right to determine other behaviour which violates the terms of use.

Section 6: User Behaviour Responsibility

• By using FydeOS and FydeOS services, you acknowledge and agree that you are solely accountable for your actions, including any content you store, publish, transmit, or disseminate through FydeOS or FydeOS services, as well as any consequences arising from these actions.
• Suppose we discover or receive reports from others that you have breached this agreement or any applicable laws and regulations. In that case, we reserve the right to take necessary measures, including but not limited to, terminating your licenses, discontinuing technical support, cooperating with law enforcement, and seeking legal redress. By accepting these terms, you recognise and agree that these measures are essential for maintaining a safe and positive community environment. You further agree that should you experience any impact or loss due to our actions in accordance with this agreement, you will not hold us liable or make any claims against us.
• In the event of a third party experiencing any damage or loss due to your violation of these terms, you will be held responsible for all resultant damages. Furthermore, if your breach causes any loss to us, you are obliged to compensate us for the incurred damages.

Section 7: Third-Party Software and Technology

• FydeOS may incorporate third-party software or technology (such as open-source or proprietary software frameworks, third-party app stores, publicly available plugins, third-party system components, etc.).
• These third-party software or technologies are provided for user convenience and are not under our direct control. We do not endorse or assume responsibility for any third-party software or technology. Before installing any third-party software or technology, you must independently assess the associated risks.
• We may facilitate the purchase and download of third-party applications. These applications are provided and maintained by third-party developers and may necessitate additional permissions for use. Before purchasing, downloading, and using applications provided by third parties, we advise understanding the permissions required by the application and reviewing the third party’s Privacy Statement and Terms of Use.
• You acknowledge that, when using third-party applications, you enter into a contract with the application developer (“third-party agreement”). We are neither a party to any third-party agreement nor have any right or obligation to control or review the products or services offered by third-party application providers. We are not liable for any rights infringement arising from your use of such third-party software, technology, or services. We do not guarantee the safety, accuracy, stability or mitigate other risks of any third-party software, technology, or service, nor do we endorse any content, advertisements, products, services, or other information provided by third parties on FydeOS. Non-compliance with the third-party Terms of Use may result in legal action against you by the third party.
• Third-party software or technology containing a copyright or similar ownership statement, indicating ownership by a party other than us, is licensed by its respective owner. We do not grant any explicit or implied intellectual property rights related to such third-party software or technology.
• We advise prudent consideration before installing and using third-party software or technology. We assume no responsibility for any monetary or legal liabilities that may arise from such use.
• Disputes arising from the purchase, download, and use of third-party applications and services through FydeOS are to be resolved by the respective third-party service providers. We are not liable for any disputes or damages resulting from the interruption, suspension, data leakage, or other issues associated with third-party services. We do not provide customer support for third-party software or technology; you should contact the respective vendor for assistance.
• Before installing third-party software or technology, you should fully understand the product content and potential consequences. Take necessary precautions to mitigate losses during installation and use, such as environmental testing, data backups, etc. We are not liable for any monetary or legal liabilities resulting from mishandling or improper operation.
• We cannot guarantee that all third-party software or technology will function error-free, and we bear no responsibility for losses resulting from this.
• Each third-party service provider is liable for its products, services, content, and guarantees. In the event of disputes, the product or service guarantee or the agreement of the third-party service provider shall prevail.
• You understand and agree that we will update FydeOS from time to time to enhance the functionality and boost the performance of FydeOS. We cannot guarantee that the third-party applications you purchase and use are compatible with all FydeOS versions.
• While using third-party software or technology, your actions may infringe upon third-party copyrights or other intellectual property rights. If we determine a potential risk of infringement, we reserve the right to change, suspend, cancel, or prohibit your use of FydeOS or FydeOS services at any time without prior notification. We bear no responsibility under any circumstances for changing, suspending, cancelling, or prohibiting your use of FydeOS and FydeOS services.

Section 8: Disclaimer

• Unless otherwise expressed, we expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. 
• You acknowledge and agree that you use FydeOS at your own risk, and are solely responsible for all risks associated with its quality, performance, accuracy, and outcomes. Further, given the current state of technological development in the industry, you understand and accept that there is no guarantee against system failures, vulnerabilities, or programming errors, and there may be risks of personal or property damage. When using FydeOS, you should take necessary measures to ensure safety, including but not limited to security protection measures, data backup measures, etc.
• The use of FydeOS may affect the usability of third-party software, applications, or services. It is recommended that you take necessary measures to prevent potential losses, such as environmental testing, data backup, etc.
• We do not warrant that FydeOS will meet all your needs, that its operation will be uninterrupted, secure, or error-free, or that all FydeOS errors can be corrected.
• We do not guarantee or assume responsibility for any products or services not produced or maintained by us, including but not limited to third-party software or hardware, internet connections, or computer networks.
• Internet transmission cannot guarantee 100% security. You acknowledge that you understand internet security and can bear the risks that may arise during the information transmission process.
• We are not responsible for the interruption or failure of FydeOS or FydeOS services caused by force majeure. Force majeure includes but is not limited to natural disasters, acts of war, terrorist activities, riots, revolutions, strikes, other social factors, legislative changes, policy modifications, government actions and orders, technical adjustments by telecommunications departments, etc. that cannot be foreseen, avoided, and overcome.
• Under any circumstances, we are not responsible for any loss or damage to any data or personal or business information caused by your use of FydeOS or FydeOS services, or in any way related to FydeOS or FydeOS services, any accidental, indirect, special, punitive, or incidental damages or claims, including but not limited to loss of business profits, business interruption, information leakage, data loss, loss of money, or the cost of obtaining alternative products and services.
• We provide you with a free software license as a means of evaluation for using FydeOS. Except as otherwise provided in this agreement, we do not assume responsibility for all matters under this agreement, whether it is a contract, tort, or other liability. This limitation of liability clause still applies when the software warranty remedy under this agreement cannot fully compensate for your loss.
• You understand and agree that in order to provide you with effective services, FydeOS will utilise the resources of your hardware device, such as the processor and bandwidth. The use of FydeOS will consume electricity and may generate data traffic costs, which you will bear.
• In using FydeOS, if you take actions such as activating the Android subsystem, configuring Open GApps, or enabling commercial decoders, it may cause infringements of third-party copyrights or other intellectual property rights. We advise you to take the above actions cautiously. At the same time, we reserve the right to change, suspend, cancel, or prohibit your use of FydeOS and FydeOS services at any time without notifying you. Under any circumstances, we are not responsible for cancelling or restricting your use of FydeOS and FydeOS services.

Section 9: Intellectual Property Statement

• We either own or are legally authorised to use all rights related to the websites published and maintained by us, as well as FydeOS and FydeOS services. This includes, but is not limited to, copyrights, trademarks, patents, trade secrets, and other intellectual property rights. All information associated with FydeOS (including but not limited to text, images, audio, video, diagrams, logos, layout design, typography, related data, electronic documents, etc.) and all derivative works (including all copies and related materials) are protected by UK laws and regulations, along with corresponding international treaties.
• During the term of our agreement, any party (the “Receiving Party”) must strictly maintain the confidentiality of any non-public information obtained from the other party (the “Disclosing Party”). This includes, but is not limited to, technical data, trade secrets, and the content of our agreement (collectively referred to as “Confidential Information”). The Receiving Party may not disclose any Confidential Information to any third party without the prior written consent of the Disclosing Party.
• The Receiving Party agrees to use the Confidential Information solely for the purpose of fulfilling this agreement and to take all necessary reasonable measures to protect the Confidential Information of the Disclosing Party. The Receiving Party assures that its employees who need to access the Confidential Information for work purposes will strictly maintain its confidentiality and that it has entered into appropriate confidentiality agreements with such employees.

Section 10: Terms of Use for Minors

• If you are under 18 years old, you are a minor. You should read this agreement and use FydeOS and related services under the supervision and guidance of a guardian.
• Guardians should supervise and guide minors when they use FydeOS and FydeOS services.

Section 11: Legal Jurisdiction

• This license agreement is governed by and interpreted in accordance with the laws of the United Kingdom, without regard to its conflict of laws provisions. Should any provision or part of this license agreement be deemed unenforceable by a court of competent jurisdiction for any reason, the remaining provisions will continue to be in full force and effect.
• In the event of a dispute arising out of or in connection with this agreement, both parties shall seek to resolve the matter through amicable negotiations. If negotiations fail, either party may submit the dispute to a Magistrates court in the United Kingdom located within our domicile’s jurisdiction for resolution.

Section 12: Miscellaneous 

Your use of FydeOS constitutes your acknowledgement of having read, and agreement to be bound by, this agreement. We reserve the right to modify the terms of this agreement as necessary. You can review the relevant agreement terms in the latest version of the FydeOS. Following any changes to this agreement, your continued use of FydeOS will be regarded as acceptance of the revised agreement. If you do not accept the modified agreement, you should cease using FydeOS immediately.

If you have any questions or comments about these Terms of Service as outlined above, you can contact us at:

Fyde Innovations Ltd
124 City Road
London
EC1V 2NX
United Kingdom

Or email us at: [email protected]