These Terms and Conditions of Use (the "Terms") govern access to and use of the Q-Audion application (the "Application" or "Service") during its experimental "Beta Test" phase, made available by Pavel Ivanov, in the process of incorporating the company BCrypto (together, the "Controller"). By installing, accessing or using the Application, the User declares to have read, understood and fully accepted these Terms.
1. The Service Controller
The Application is currently developed and made available by Pavel Ivanov, a natural person, Italian tax code VNVPVL76C22L219M, domiciled at Corso Orbassano 216, 10137 Torino (TO), Italia, reachable at bcrypto@gmail.com.
As of the date of publication of these Terms, the activity is carried out personally, pending the incorporation of a company ("BCrypto S.r.l." or equivalent, the "Incorporating Company"). From the date of incorporation and transfer of the activity, all rights and obligations under these Terms will automatically transfer to the Incorporating Company (see Art. 18).
2. Definitions
- Application/Service: the Q-Audion mobile app and the server services required for its operation.
- Beta Test: the non-final, pre-commercial experimental phase of the Service.
- User/Beta Tester: the adult natural person using the Application during the Beta Test.
- Content: text, messages, files, images, voice recordings, calls and any other data exchanged by Users.
3. Scope and acceptance
These Terms govern exclusively the use of the Application during the Beta Test and do not constitute the terms of the future commercial version, which may be amended upon final release. Downloading, installing or first opening the Application constitutes full acceptance of the Terms.
4. Experimental nature of the Service — important notice
The User acknowledges and accepts that the Application, during Beta Test:
- may contain defects, bugs, unidentified vulnerabilities and serious malfunctions, including unexpected interruptions, failed message delivery, incomplete or dropped calls, partial or total data loss;
- offers no guarantee of continuity, availability or absolute security, despite the use of end-to-end encryption and advanced cryptographic protocols;
- may be modified, suspended or withdrawn by the Controller at any time without notice;
- may result, at the end of the Beta Test or earlier, in the permanent deletion of the account, contacts, messages and cryptographic keys, with no possibility of recovery.
The User participates on a voluntary, free basis, fully aware of the experimental nature of the Service.
5. Access requirements
To access the Beta Test the User must be at least 18 years old, have a compatible device and a working internet connection (costs borne by the User), and provide truthful information. The Controller may restrict, suspend or revoke access at its discretion.
6. Service model — free tier and dedicated solutions
The Service is currently provided free of charge for individual, personal use, as part of the Beta Test. The free tier does not include dedicated server infrastructure, service level agreements (SLA) or priority support intended for large-scale business use.
Organisations or Users needing dedicated infrastructure, contractual availability guarantees or dedicated support may contact the Q-Audion team at the address in Art. 22 to discuss solutions governed by separate terms.
The Controller wants to offer Users the best possible experience and, as of today, intends to keep providing the Service's core features free of charge. That said, the User understands that this reflects the current Beta Test phase and may not be guaranteed forever: should a subscription become necessary in the future, the Controller commits to giving reasonable advance notice, with no retroactive or surprise changes to plans already active.
7. License to use
The Controller grants a personal, non-exclusive, non-transferable, revocable licence to use the Application during the Beta Test for non-commercial personal purposes. Decompiling, disassembling or extracting source code is prohibited, except where mandated by law.
8. Permitted use and prohibited conduct
The User agrees not to use the Service for unlawful, harassing or fraudulent purposes, not to attempt unauthorised access, not to interfere with the Service, and not to send unsolicited bulk communications. Because the Service uses end-to-end encryption, the Controller has no access to the content of communications and cannot pre-screen its lawfulness: the User remains solely responsible for transmitted Content.
9. No access to emergency services
The Application does not allow contacting emergency services (emergency numbers, police, fire brigade, medical services) and must never be used in place of normal telephone channels for such purposes.
10. Intellectual property
All rights to the Application, its code, interface, trademarks and logos remain the exclusive property of the Controller (or the Incorporating Company), except for open-source components distributed under their own licences.
11. Personal data and confidentiality of content
Data processing is governed by the dedicated Privacy Policy, compliant with the GDPR. Content is protected by end-to-end encryption: the Controller does not access the plaintext content of communications.
12. Disclaimer of warranties
Subject to mandatory consumer rights, the Application is provided "as is" and "as available", without warranties of uninterrupted operation, error-free performance or absolute security.
13. Force majeure and service discontinuation
The Controller is not liable for failure to perform its obligations due to force majeure or fortuitous events — network failures, cyberattacks, third-party infrastructure outages, government action, natural disasters, epidemics, armed conflict or civil unrest, among others.
The User expressly acknowledges that the Service, being free and experimental, may be suspended or permanently discontinued by the Controller at any time, even without notice, with no right to compensation, since it is not provided for a fee. Upon final discontinuation, the Controller will endeavour, where reasonably possible, to give reasonable advance notice — a good-faith commitment, not a contractual obligation.
14. Limitation of liability
Subject to cases of wilful misconduct or gross negligence by the Controller and mandatory consumer rights (including the prohibition on excluding liability for death or personal injury caused by negligence), the Controller is not liable for: indirect or consequential damages; loss or alteration of data and Content; failed delivery of messages or calls, including those initiated via third-party voice assistant commands; malfunctions due to force majeure or third-party infrastructure; conduct of other Users, over which the Controller has no control due to end-to-end encryption. The Controller's aggregate liability, unless otherwise required by mandatory law, shall not exceed EUR 50.
15. Bug reporting and Beta Tester cooperation
Users are invited, on a voluntary, unpaid basis, to report malfunctions and feedback useful to improving the Service. Such feedback may be freely used by the Controller, with no right to compensation.
16. Changes to the Service and Terms
The Controller may modify the Application and these Terms at any time, even without notice, by publishing the updated version. Continued use after publication constitutes acceptance of the changes.
17. Term, withdrawal and account deletion
The User may withdraw at any time by uninstalling the Application and requesting account deletion. The Controller may suspend or terminate a User's access, or the entire Beta Test, in particular for breach of these Terms.
18. Assignment and succession
The Controller may assign its rights and obligations under these Terms to the Incorporating Company or a successor, notifying Users. The User may not assign its own rights or obligations without the Controller's prior written consent.
19. Export control compliance and geographic restrictions
The Application uses advanced (end-to-end) encryption that may be subject to Regulation (EU) 2021/821 on the control of exports of dual-use items, the Wassenaar Arrangement, and restrictive measures of the EU, UN or other competent authorities. The User represents not to be located in a country subject to an embargo applicable to the Controller and acknowledges sole responsibility for verifying the lawfulness of using the Application in their own country. The Controller reserves the right to restrict access from specific geographic areas where required for regulatory compliance.
20. Governing law and jurisdiction
These Terms are governed by Italian law. For consumers, the court of the User's place of residence has exclusive jurisdiction; otherwise, the court of the Controller's residence. Under Regulation (EU) 524/2013, EU consumers may use the ODR platform: ec.europa.eu/consumers/odr.
21. Final provisions
The invalidity of one clause does not affect the others. Failure to enforce a right does not waive it. These Terms constitute the entire agreement between User and Controller regarding the Beta Test.
22. Contact
For questions, requests or reports: bcrypto@gmail.com. For dedicated solutions (Art. 6), the same address.