Use of the Services
The Services are provided to you free of charge for private (non-commercial) use, for commercial use DewVPN for the corporations or some users may prefer not to contribute their idle resources to the community-powered network, and thus can pay for the DewVPN Premium Subscription.
You may not use the Services if you are under the age of 13 or if you are not the owner or approved administrator of the device on which you install the Software or otherwise use the Services.
We reserve the right, at our sole discretion, to change, modify, add, or delete any of the terms and conditions of this Agreement or any portion thereof at any time including without limitation the availability of any Features. We may not notify you, the current version of the Agreement is available on the Site. You understand and agree that it is your obligation to review these terms and conditions from time to time in order to stay informed on current rules and obligations. Your continued use of the Services following any revision of the Services or this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. If you do not agree to be bound by the amended Agreement, you may not use or access (or continue to use or access) the Services.
We may use third party services to collect payment from you and manage any payment procedure. Before using such third party services, we recommend that you read and understand the applicable terms and conditions of such services and privacy policies and ensure that you agree to their terms. You acknowledge that we are not responsible for any third party services or for the content or privacy practices of such third parties. You are knowingly and voluntarily assume all risks of using such third party services.
Crypto Currency Payment
Where you use any crypto currency to pay for any Services, you are solely responsible for ensuring and verifying that such payments are deposited correctly. We cannot be responsible for any payments that are lost in transmission or sent to incorrect wallet addresses. Additionally, you must verify that all payments are fully paid for before the expiration of your order and that you have paid the correct amount for any Services. We will not be able to refund any crypto currency payments and you are solely responsible for verifying any crypto payment amounts.
We cannot offer refunds for any paid Services. Please be aware that all payments are final. Because we offer users a fully featured free version for as long as they like before upgrading to a paid version. Thus we do not issue refunds of the Services for any reason. Please be sure to try our free version before you purchase a paid one.
It is your responsibility to determine what, if any, taxes apply to the payments you make, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. DewVPN is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
During the Term, we hereby grant you a personal, non-exclusive, non-transferable, non-assignable, non-sub-licensable, revocable and limited license to access and use the Services and to install a copy of the Software on your personal device. This limited license is solely for your personal and non-commercial use. Any commercial use of the Services or Software, including, but not limited to, any use by an individual on behalf of a company or corporate entity, shall be considered a breach of this Agreement.
If you wish to make any commercial use of the Services (or any portion of them), or you are on behalf of a company or corporate entity, you must enter into an agreement with us in advance before purchasing the DewVPN Premium Subscription. Please contact us for more information.
The Software is licensed to you, not sold. Except as expressly indicated in this Agreement or within any of the Services you may not: (a) copy, modify, or distribute the Services or any portion of them; (b) sell, lend, rent, assign, export, sublicense or otherwise transfer the Software or the Services; (c) modify, translate, reverse engineer, create derivative works based on the Software or the Services or otherwise attempt to discover any source code, protocol or process used within or in connection with the Software or the Services; (d) alter, delete or conceal any copyright, trademark or other notices in connection with the Services or the Software; (e) interfere with or impair the use of others of the Services or with any network connected to the Services; (f) use the Services or the Software by themselves or in conjunction with any other products to infringe upon any third party's rights, including without limitation third party's intellectual property rights, to invade users' privacy in any way, or to track, store, transmit or record personal information about any other user of the Services or the Software;(g) otherwise violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Any such forbidden uses shall immediately and automatically terminate your license to use the Software and the Services, without derogating from any other remedies available to us at law or in equity.
DewVPN Services may be accessed from all around the world, so it is your responsibility to assess whether using the Site, Apps, Software, or Services is in compliance with local laws and regulations. Whenever you use the Site, Apps, Software, or Services, you should comply with this Agreement and applicable laws, regulations, and policies. You understand that it is your responsibility to keep your DewVPN account information confidential. You are responsible for all activity under your account. If you ever discover or suspect that someone has accessed your account without your authorization, you are advised to inform us immediately so that we may revoke your account credentials and issue new ones. We require that you do not misuse our Content or Services. A misuse refers to any use, access, or interference with the Content or Services contrary to this Agreement or applicable laws and regulations. In order to protect the Services from being misused or used to harm someone, DewVPN reserves the right to take appropriate measures when our Services are being used contrary to this Agreement and applicable laws. You agree that DewVPN may terminate your account, without providing a refund for Services already paid, if you misuse the Services. In using our Services, you agree not to:
- Send or transmit unsolicited advertisements or content (i.e., “spam") over the Services.
- Send, post, or transmit over the Services any content which is illegal, hateful, threatening, insulting, or defamatory; infringes on intellectual property rights; invades privacy; or incites violence.
- Upload, download, post, reproduce, or distribute any content protected by copyright or any other proprietary right without first having obtained permission from the owner of the proprietary content.
- Upload, download, post, reproduce, or distribute any content that includes sexual or explicit depictions of minors.
- Engage in any conduct that restricts or inhibits any other Subscriber from using or enjoying the Services.
- Attempt to access, probe, or connect to computing devices without proper authorization (i.e., any form of “hacking”).
- Attempt to compile, utilize, or distribute a list of IP addresses operated by DewVPN in conjunction with the Services.
- Use the Services for anything other than lawful purposes.
DewVPN graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trademarks or trade dress of Grand Media Ltd. DewVPN’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of DewVPN. DewVPN images and icons may be used by third party sites in connection with providing appropriate links to the DewVPN website. You shall not, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way. You shall not build a product using similar ideas, features, functions or graphics of the Service or copy any ideas, features, functions or graphics of the Services.
Our software is automatically updated or upgraded at our sole discretion, and without action from your part. The updates and/or upgrades may contain error corrections, bugs, compatibility problems or new features and/or functionalities. We reserve the right to change, modify or alter the software or the Services, or any portion of them, and/or to completely cease providing the Services at our discretion.
The Services are based on a community powered (Peer-to-Peer) network, where users to pool together and route their internet connections through each other. That means the software may make use of the Internet, among other means by re-routing some of your requests through other peer users. Your free use of the software will in turn enable other devices using the Services to be re-routed through your device. From that users can help each other to make the internet free for all, by sharing their idle resources. By using the Services you consent to the use of your device in the described manner and agree that other users or services may use your network connection and resources. You represent that your entry into this Agreement and your use of the Services does not breach any contract, duty, law, regulation or right, and that if sharing your resources is not desirable or allowed in your case, you will not use the Services, or purchase the Premium Subscription to use the network but not to contribute resources to it.
The Services are not geographically limited; however, we make no representations or warranties that the Services are appropriate for use or access in your location and jurisdiction. You access and use the Services in your country on your own initiative and you solely are responsible for complying with your local laws and regulations, if and to the extent such laws are applicable. We reserve the right to limit, in our sole discretion, the availability of the Services or any portion thereof, to any person, entity, geographic area, or jurisdiction, at any time.
We do not control, and we are not responsible for, any data, content, services, or products (including software) that you access, download, receive or buy while using the Services. We may, but do not have any obligation to, block information, transmissions or access to certain information, services, products or domains to protect the Services, our network, the public or our users. We are not a publisher of third-party content accessed through the Services and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service.
THE SOFTWARE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND (INCLUDING SUPPORT OR OTHER SERVICES BY US OR OUR LICENSORES).YOU AGREE THAT YOUR USE OF THE SERVICES AND SOFTWARE SHALL BE AT YOUR SOLE RISK AND RESPONSIBILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE OR SERVICES: (A) WILL BE ERROR OR DEFECT FREE OR OTHERWISE FREE FROM ANY INTERRUPTIONS OR OTHER FAILURES; (B) WILL MEET YOUR REQUIREMENTS; OR (C) THAT ANY ERROR WILL BE IMMEDIATELY FIXED; WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT (INCLUDING ANY USER CONTENT) OR TO ANY THIRD PARTY SITES OR APPLICATIONS OR CONTENT OR ANY PORTION OR COMPONENT OF EITHER AND ASSUME NO LIABILITY OR RESPONSIBILITY AND DISCLAIM ALL WARRANTIES FOR ANY (I) PROBLEMS OR AVAILABILITY OF INTERNET CONNECTIONS (II) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT OR SERVICES, (III) PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR TO ANY THIRD PARTY SITE, (IV) ANY UNAUTHORIZED ACCESS TO YOUR DEVICE OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION REGARDING THE SERVICES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, OR (VIII) ANY USER CONTENT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO ANY TRANSACTION OR OTHER ENGAGEMENT WITH SUCH ADVERTISING OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE SERVICES, AND TO ALL TRANSACTIONS YOU UNDERTAKE ON THROUGH THE SERVICES.
Limitation of Liability
IN NO EVENT WILL WE OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE SERVICES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE SERVICE, EVEN IF WE OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT, SHALL OUR AGGREGATE LIABILITY TO YOU AND ANY OTHER PARTY, WHETHER DIRECT OR INDIRECT, EXCEED ONE DOLLAR ($1.00) FOR ANY AND ALL CLAIMS, DAMAGES, AND OTHER THEORY OF LIABILITY.
You hereby agree to indemnify, defend and hold us, our subsidiaries, parent corporation and affiliates, partners, sponsors and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (collectively, "Parties"), harmless from and against any and all liabilities, losses, expenses, damages, and costs (including reasonable attorneys' fees), incurred by any of the Parties in connection with any claim arising out of your use of the Site or Services, any use or alleged use of your account or your password by any person, whether or not authorized by you, your violation or breach of this Agreement or your violation of the rights of any other person or entity.
Term and Termination
This Agreement becomes effective upon the earlier of your access to the Services or installation of the Software until terminated by either you or us (the "Term"). You may terminate your relationship with us at any time by completely uninstalling the Software. Your failure to comply with the terms and conditions of this Agreement or any other agreement you have with us will terminate your license and this Agreement. Upon termination of this Agreement the license granted to you shall automatically expire and you shall discontinue all further use of the Software and Services.
We have the right to take any of the following actions in our sole discretion at any time without any prior notice to you:
- Restrict, deactivate, suspend, or terminate your access to the Services, including deleting your accounts and all related information and files contained in your account;
- Refuse, move, or remove any material that is available on or through the Services;
- Establish additional general practices and limits concerning use of the Services.
We may take any of the above actions for any reason, as determined by us in our sole discretion, including, but not be limited to, (a) your breach or violation of this Agreement, (b) requests by law enforcement authority or other governmental agency, (c) a request by you, (d) discontinuance or material modification to the Services (or any part thereof), and (e) unexpected technical or security issues or problems. You agree that we will not be liable to you or any third party for taking any of these actions.
Compliance with Law & Export Control
The Software is intended for use only in compliance with applicable laws and you undertake to use it in accordance with all such applicable laws. Without derogating from the foregoing and from any other terms herein, you agree to comply with all applicable export laws and restrictions and regulations and agree that you will not export, or allow the export or re-export of the Software in violation of any such restrictions, laws or regulations. You agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country under US or other applicable law.
Governing Law and Jurisdiction
These Terms of Service shall be governed and construed in accordance with the laws of the British Virgin Islands, without reference to its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service. Your use of the Site and/or Service may also be subject to other local, state, national, or international laws. Both parties hereby irrevocably submit to the exclusive jurisdiction of the competent courts in Road Town, Tortola, British Virgin Islands, to resolve any dispute arising out of or pursuant to these Terms of Service, and you hereby consent to the exclusive jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. Notwithstanding the above, you agree that DewVPN shall be allowed to apply for injunctive remedies in any jurisdiction.
- Entire Agreement; This Agreement, including the policies you may be referred to in the Agreement, constitute the entire agreement between you and us with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
- Notifications; We may be required by applicable law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or through the Services or delivering them to you via email. You may update your email address through the Services where you have provided us with your contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. If you are a resident of the State of California, U.S.A., you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
- Assignment; You agree that this Agreement and our rights hereunder may be assigned, in whole or in part, by us or our affiliate to any third party, at our sole discretion, including an assignment in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part. You may not assign, sublicense, or delegate your rights under this Agreement.
- No waiver; The failure by us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
- You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) month after such claim or cause of action arose or be forever barred.