We may amend these Terms from time to time, at our sole discretion and without any notice. We will make a reasonable effort, at our sole discretion, to provide you with a notification regarding what we believe are material changes to these Terms. Such material changes will take effect seven (7) days after such notice was provided. Otherwise, all other changes to these Terms are effective as of the stated "Last Revised" date and your continued use of the Services following the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.
You hereby warrant that you are eligible to enter into these Terms and you are not prohibited by any authorized authority, judicial order or law into entering in any agreement; you have all proper authorization, if you are acting on behalf of a corporation, to enter into these Terms. You further represent and warrant that you are of legal competence to enter into these Terms and you are at least eighteen (18) years of age. We reserve the right to request proof of age at any stage so that we can verify that children (as defined under applicable law) are not using the Services. If you are under 18, please be sure to read these Terms with your parents or legal guardians and ask questions about things you do not understand.
The Services provide unique features that enable you to easily use a VPN service directly from from your device, as well as alerts when you browse a website which might not be safe. Subject to your acceptance of these Terms, you may choose to use our Services by installing one or more of the Products.
ClusterVPN reserves the right, at any time and from time to time, at its own discretion, to add Services, to modify, suspend, terminate or discontinue any or all the Services, or any part thereof or any user's access thereto. Where we assume that such change may materially affects an existing Service, we will provide you with a prior written notice and you may be able to terminate the Service in accordance with section 8.3 below.
Subject to your compliance with the Terms, we hereby grant you a personal, limited, revocable, non-transferable, non-sub-licensable and non-exclusive right to use, access, download and install the most current generally available version of our Product (including all updates thereto) and use the Services solely in connection with your lawful, personal and non-commercial use ("License"). Your License hereunder is limited and you may not allow others to use, copy or evaluate copies, and the License granted herein shall not be copied, shared, distributed, re-sold, and offered for re-sale, transferred or sub-licensed in whole or in part. You acknowledge that all right and interest of our trademarks, service marks, components, code, protocols, software and documentation as well as any derivatives thereof or improvements and modifications, evidenced by or embodied in or attached, connected, related to the Services, are our property or the property of our users , and are protected by international copyright, trademarks, patents and other proprietary rights and laws relating to trade secrets, recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not use, delete, alter, or remove any copyright, trademark, or other proprietary rights notice placed in the Services. Except as expressly granted herein, we retain all right, title and interest in and to our Services, as well as any content provided or made available in connection with the Services (excluding Third Party Services). We reserve the right to disable access to the Services by anyone who uses them to infringe intellectual property rights.
Certain Services by ClusterVPN are provided to you free-of-charge ("Services, Free Services") with options for watch in-app ads.
You hereby represent and warrant that you are either the owner or an authorized user of the device in which the Products are used or installed and that you will use the Services in full compliance with all applicable laws, rules and regulations these Terms. Except as expressly provided under these Terms, you may not, nor may not enable anyone else to, directly or indirectly: (i) copy, modify, decompile, disassemble, create any derivative works or reverse engineer the Services or any portion thereof including any source code therein; (ii) circumvent, disable or otherwise interfere with security-related features of the Services, or interfere with others' use of the Services; (iii) use any automated devices, such as spiders, robots or data mining techniques, to catalog, download, store, reproduce, or distribute content available in the Services, or to manipulate the Services in any manner; (iv) remove, deface, obscure, or alter any copyright, trademarks, or other proprietary rights; (v) use our name, logo or trademarks without our prior written consent; or (vi) use the Services for any fraudulent, illegal or inappropriate purpose, including, without limitation, infringement or misappropriation of any intellectual property rights or right of privacy of any third party or in breach of these Terms.
Access to ClusterVPN services may take place all over the world, so it is your responsibility to evaluate whether your use of the Site, Applications, Software or Services complies with local laws and regulations. You should not use ClusterVPN services if you are located in any country where using, accessing or subscribing to the Site, Applications, Software or Services violates local laws.
When using the Site, Applications, Software or Services, you must comply with these Terms and applicable laws, rules and regulations.
You are responsible for all activity within ClusterVPN Services and Software.
ClusterVPN require that you do not misuse our Content or Services. Misuse means any use of, access to, or interference with our Content or Services in violation of the Rules or applicable laws and regulations.
In order to protect the Services from misuse or misuse for the purpose of harming someone else, when receiving signals from automated network attack warning and prevention systems, and if our Services are used in violation of these Rules and applicable laws, or when receiving complaints from third parties, ClusterVPN reserves the right to take appropriate action.
By using our Services, you undertake not to: send or transmit unsolicited advertising, phishing emails or content (i.e., "spam") through the Service;
send, post or transmit through the Service any content that is illegal, hateful, threatening, abusive or defamatory; that violates intellectual property rights; that invades privacy; or that incites violence;
upload, download, post, reproduce or distribute any content protected by copyright or any other proprietary right without first obtaining permission from the owner of such content;
upload, download, post, reproduce and distribute any content that contains sexual or explicit images of minors;
engage in any activity that restricts or inhibits any other Subscriber from using the Service;
attempt to access, scan, brute-force passwords, exploit software vulnerabilities, perform a DoS attack, or connect to computing devices without authorization (i.e. any form of "hacking");
attempt to compile, use or distribute a list of IP addresses used by ClusterVPN in connection with the Service;
use the Service for anything other than legitimate purposes.
We may, at any time and at our sole discretion, change, modify, add, or remove features and functionality of our Services without notice. When our software is installed on your devices, it periodically communicates with our servers to request automatic updates when we release a new version of such product or when we make new features available. You hereby agree that we may automatically download and install updates, from time to time, without prior notification. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates as part of your use of the Services. If we believe that such updates or upgrades shall materially affect your use of the Services or your rights, we will make a reasonable effort to provide notification to you of such.
In addition, we reserve the right to discontinue some or all the features of our Services at any time at our sole discretion (including the provision of any updates, upgrades, or fixes). We are under no obligation to provide you with any features, functionality, upgrades, or bug fixes. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services, or any portion thereof. If you are dissatisfied with the Services, your sole option is to discontinue or terminate your use of the Services.
We expressly disclaim all warranties of any kind regarding the services, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. The services are provided "as-is" and "as-available" . Your use of and reliance on the services or any information or feature provided therein are at your own risk. We will not be responsible for any damages which occur as a result of your use of the services. We make no warranty that the services will be available on a continuous basis, secured, free of viruses, worms, other harmful components, or program limitations. We make no warranty that any content and information available through the services is true, reliable or accurate. We make no warranty that we will correct any errors, defects or omissions. We do not, either expressly or impliedly assume any responsibility for any loss, injury or damages incurred as a result or in connection with your use of the services (including, without limitation, any loss of data or other damage to device).
You expressly acknowledge and agree that in no event we (including, without limitation, our affiliates and their respective officers, directors, employees and agents, vendors, distributors, third party licensors, or equipment and service providers) shall be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages, including but not limited to, damages for lost profits, lost business or lost opportunity, goodwill, or other intangible losses (even if we have been advised of the possibility of such damages) or other relief arising out of, or related to, these terms or your use or inability to use the services. Our liability shall not exceed the cost of the services. some states or jurisdictions do not allow the exclusion or the limitation of liability for damages, in such state or jurisdictions, our liability shall be limited to the extent permitted by law.
You hereby expressly agree to indemnify, defend, and hold us (including our affiliates, subsidiaries, successors, contractors, employees, directors, agents, suppliers, licensors, service providers and partners) harmless from any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney fees) arising from: (i) your use of any of our Services; (ii) your violation and/or breach of any term of these Terms; and (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Services (including your violation of any third party rights).
12. Term and Termination
In addition to ClusterVPN termination rights under sections 4 above or elsewhere in the Terms, ClusterVPN has the right to terminate or restrict your use of the Service with immediate effect if ClusterVPN has reasons to suspect that you (or anyone whom you have allowed access to the Service) have violated these Terms, ClusterVPN's policies or any applicable laws, rules and regulations. This shall also apply if you are otherwise using the Service in a fraudulent way or a way that may cause damage to ClusterVPN or any third party.
You may terminate your use of the Services at any time and for any reason by removing the relevant product from your computer, mobile or browser and ceasing your use of the Services. Any termination may result in the destruction of all information and data associated with your use of the Services. Upon termination, all licenses and other rights granted to you under these Terms will immediately cease. We are not liable to you or any third party for termination of the Services or termination of your use of the Services. The provisions of these Terms, which by their nature should survive any such action on our part, shall survive.
These Terms are governed by the EU regulations without regards to its conflict of laws principles and shall be brought exclusively before EU regulations.
These Terms constitute the entire understanding between the parties with respect to the use of the Services. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Our failure to enforce any rights or to act against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without our prior written consent. We may assign our rights under these Terms to any third party at our sole discretion.
If you have any questions, please contact us via e-mail: email@example.com