Your use of the Software and/or Services explicitly demonstrates that you agree to this ToU and constitutes your binding consent to this object, including any changes and modifications that Company makes from time to time.
1. Requirements for Accessing and/or Using the Software and Service.
Company will revise this ToU as the Software and/or Services changes or evolves. You must agree to all changes and revisions if you choose to continue using the Software and/or Service. By using the Software and/or Service, you agree to the then-current version of this ToU as posted on the https://WasabiVPN.com/terms.php. If at any point you do not agree to any portion of the then-current version of this ToU, you must immediately stop using the Software and/or Service.
By accessing and/or using the Software and/or Services you represent, warrant and covenant that you have all the rights to access, register, make payments and/or use the Software and/or the Service. You are solely responsible for any Internet connection fees that you incur when using the Service, as well as for any legal matters regarding the use of the Software and the Services in your country. You represent and warrant that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside.
2. Termination of Use.
3. Ways of Use and Restrictions.
Company permits you to view and use a single copy of the Software solely for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Software, as well as not to violate Company’s intellectual property in any other way. Company reserves the right to add or remove information, content or Services from the Software at any time at its sole discretion.
You agree that you will not, in connection with your use of the Software or the Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Software and/or Services any material or information that infringes any copyright, trademark, patent, trade secret, or another right of any party (including rights of privacy or publicity). As well, when adding information to the Software and/or Services you represent and warrant that you have all the necessary rights to use/provide such information (including all the restrictions and consents required by corporate rules, data protection laws and regulations).
Notwithstanding anything to the contrary, you may not: (i) remove any proprietary notices from the Service; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Service; (iii) sell, assign, rent, lease, act as a Services bureau, or grant rights in the Service, including, without limitation, through sublicense, to any other entity without the prior written consent of Company; or (iv) make any false, misleading or deceptive statement or representation regarding Company and/or the Service.
You shall not connect to or use the Software and/or the Services in any way that is not expressly permitted by this ToU. Without limiting the foregoing, you warrant that you will not: (a) establish, assist, or get involved in any type of attack/offense upon the Software and/or Services which in any way attempts to disrupt the Software and/or Service, any other person’s use of the Software and/or Services or integrity of security and protections mechanisms of the Software and/or Service; or (b) attempt to, gain or help other persons/organizations to gain unauthorized access to the Software, the Service, information provided by other users or partners and affiliates, hardware, software or networks connected to the Software and/or Service, or processing systems for payment, data, etc. Furthermore, you may not use the Software or Services to create, collect, process, transmit or store information that: (i) is defamatory, harmful, abusive, obscene or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Software and/or Services or interferes/violates privacy (including, but not limited to phishing, pharming or theft of any person’s identity, whether a real identity or online nickname or alias); (iii) performs any commercial communication not permitted by applicable law; (iv) constitutes harassment or threatens other people or groups of people; (v) is harmful to children in any manner; (vi) violates any applicable law, regulation or court order; (vii) makes any false, misleading, harmful, or deceptive statement or representation regarding Company and/or the Service.
You agree that you will not use the Software or the Services for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for the use of the Software or Services (including, but not limited to: you won’t buy Services and resell it to other person or company).
You warrant that you will not (a) obtain or attempt to obtain any information from the Service, including without limitation access information of other account holders as well as their other data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Software or the Service, whether through the use of a network analyzer, packet sniffer or other device that allows to receive such information; (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trapdoor, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Software or the Services or other users information.
4. Registration Procedure and Data
In order to access the Services you will have to download the Software and register (create an account): you shall provide a password and your email address ("Registration Data").
By downloading Software, registering and using Services you agree to provide true-to-date, accurate, current and complete data as may be demanded by registration procedure and forms of the Software and/or the Services; and check, change and update the Registration Data, as well as all any other data you provided to us, at reasonable time in order to keep such data true-to-date, accurate, complete and up-to-date. You shall be the only one who can access your account. You should not do anything, or, conversely, refrain from the necessary actions if that might lead to jeopardizing the security of your account or enable unauthorized use of it/access to it by any other person. You shall bear full responsibility (including all liability under the law and this ToU) for the confidentiality and security of your Registration Data and for all activities, actions, use, posts etc. that occur under your account. You shall immediately notify Company using email info@WasabiVPN.com and message theme “URGENT!” when someone has obtained access to your Registration Data or account or you have all the reasonable grounds for considering such breach of your security occurred. In any case Company shall not be liable for any and all loss or damages that may arise as a result of someone else using your Registration Data or account, either with or without your knowledge and consent, and even after you provided us with the relevant notice for the period of time commercially reasonably needed for us to make necessary actions.
5. Third Parties Links, Data and Products
6. Intellectual Property and Ownership.
Company, the Company logo, Software, and any accompanying data (including, but not limited to: code, text, images, etc.) are the intellectual property of Company. Unauthorized use of any Company’s intellectual property, trademark, the Services mark or logo may constitute a violation of international legislation, federal and state laws.
The Software and Services and the content made available through the Software and Services are protected by the U.S. and international copyright and patent laws. Except for your use of the content in connection with the Services to which we have the appropriate licensing rights or as authorized in this ToU, you may not use, modify, reproduce or distribute any of the content, or the design or layout of the Software or Service, or individual sections of the content, design or layout of the Software without Company’s express prior written permission.
In case you believe that your intellectual property right has been infringed on the Software by people who use the Software and/or the Services, kindly forward the following information to the email: info@WasabiVPN.com
Please, specify in your letter the following information: your identification (name, address, email); the object of intellectual property that you believe has been violated and its location; characteristics of mentioned violation; a statement that provided information is correct (under the possibility of penalty for perjury) and that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
We shall reply to you within 30 calendar days.
7. Location of Software.
The Software and the Services are operated by Company, established in the United States. Those who choose to access the Software, and/or the Services from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. If you access the Services from and are a resident of the European Community and you are a consumer, you may have other or additional mandatory rights or remedies by law.
8. Policy Regarding Children.
If you are under 16 (or other minimum age allowed by law in the respectful jurisdiction), please do not submit any personally identifiable information to Company. We state that the Software and the Services are not designed for and we have no intent to allow children under 16 years (or other minimum age allowed by law in the respectful jurisdiction) to access and use the Software and the Services. We do not knowingly collect information regarding such users or let them register, access or use the Software and the Services.
9. Changes, Updates and Upgrades of the Software
You acknowledge and give your full consent to the fact that the Software as well as the Services may contain any amount of bugs, discrepancies, errors, limited functionality, not suitability for the declared purposes, delays, incorrect work, influence on the electronic device system and other programs and services, unpredictable impact on battery and communication, etc. as the Software is still under testing (beta).
10. Use and Way of Functioning of the Software and the Services
The Software and the Services provide you with the possibility to change the way you use the geographical endpoint for Internet access (as well as how the provider perceives your signal), for example by re-routing your requests, when using the Electronic Device (mobile phone, tablet, PC or any other device which allows Internet access), through our servers.
After you downloaded the Software and each 30 calendar days starting therein, you will be provided with a certain amount of megabytes (mb) free of charge possibility to use the Services (“Volume”). After depletion of the Volume the Services shall be unavailable to you for the current 30 days period. Nevertheless, after depletion of the Volume, you may receive additional amount of megabytes (mb) (as pointed in Software) of Services after interacting with (watching/participating/installing/etc.) Additional Advertisement we provide you with. Total amount of Additional Advertisement available at any moment of time or time period shall be decided by us at our sole absolute discretion.
Your free use of the Software and the Services will in turn enable us to provide you with the advertisements of our choice (or automatic choice of the relevant network) at the time you use the Software and Services. The reason this point is included in this ToU, is the way of conducting business by the Company: we provide you with the Software and Services free of charge, and in return you give us your consent and permission to provide you with the advertisements.
There is a paid version of the Software/Services. based on subscription model. Subscription plans available shall be accessible through the Software and/or digital distribution platforms (e.g. App Store, Google Play). Subscription plans shall provide you with the unlimited Volume for defined period of time in accordance with the purchased subscription plan. In paid version of the Software/Services we will not obligatory provide you with advertisements. Nonetheless, in case you on your own decide to do it, you may still access advertisements or Additional Advertisements available through/in the Software.
You should acknowledge, that digital distribution platforms (e.g. App Store, Google Play) offer automatic billing/debit/payment from card whenever you purchase relevant subscription plan of Software/Services. In case at some point you’ll decide to stop using the Software/Services – you should cancel automatic billing/debit/payment from your card in regard of the Software/Services. Be aware, that we can’t do it by ourselves instead of you. If you don’t know how to do it, you should request an answer from support of the relevant digital distribution platform (its billing processor) and/or your bank, and/or your card issuer, and/or your Electronic device manufacturer, and/or your Electronic device software (e.g. iOS, Android) issuer. We shall provide you with the reasonable assistance you need to cancel your subscription to the Software/Services.
11. DISCLAIMER OF WARRANTIES.
THE SOFTWARE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. COMPANY MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF THE SOFTWARE OR THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SOFTWARE AND/OR THE SERVICES IS AT YOUR SOLE RISK. COMPANY DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SOFTWARE AND/OR SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SOFTWARE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SOFTWARE OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
12. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY, ITS FOUNDERS, DIRECTORS, AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SOFTWARE AND/OR SERVICES, EVEN IF COMPANY AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF COMPANY OR ANY OF THE RELATED PARTIES EXCEED 1 USD.
FURTHERMORE, COMPANY AND RELATED PARTIES SHALL NOT BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY RELATED, FOR ANY AND ALL ACTIONS MADE BY US UNDER THIS TOU AND AS ESTABLISHED IN IT (INCLUDING. BUT NOT LIMITED TO CHANGES, UPDATES, DENIAL OF ACCESS, RESTRICTIONS, DEACTIVATION, TERMINATION OF ACCOUNT, DELETING OF DATA AND ANY FILES FROM ACCOUNT AND/OR SERVICES, FAILURE TO PROVIDE UPDATE OR UPGRADE EVEN IF ANNOUNCED ETC.), AS YOU, BY USING THE SERVICES AND THE SOFTWARE, FREELY AND FULLY ACCEPTED THIS TOU AND THE RIGHT OF COMPANY TO MAKE ALL SUCH ACTIONS AT OUR SOLE DISCRETION AT ANY TIME.
Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Company and its affiliates shall be limited to the lowest extent permitted by law.
13. Indemnification Provisions.
You covenant to indemnify, defend and hold Company and the Related Parties harmless from any and all claims, demands, damages or other losses, including reasonable attorneys’ fees, resulting from or arising out of your use of the Software and/or the Services or any breach by you of this ToU or any other policies that Company may issue for the Software and/or Services from time to time.
14. Governing Law; Jurisdiction.
This ToU is governed by and construed under the laws of the State of California, USA, without regard to conflict of law principles. All disputes arising out of or related to your use of the Software and/or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located within Los Angeles County, California and you agree to submit to the personal jurisdiction and venue of such courts. If either you or Company commences a lawsuit for a dispute arising under this ToU or relating to the Software and/or the Service, all the issues in such action, whether of fact or law, shall be submitted to general judicial reference pursuant to California Code of Civil Procedure sections 638 and 641 through 645.1 or any successor statutes thereto.
The provisions and use of the United Nations Convention on Contracts for the International Sale of Goods to relations arising out of this ToU or relating to the Software and/or the Services is expressly excluded.
15. Mutual Settlement Procedure.
You and Company agree that parties will try to resolve all disputes, controversies, and claims related to this ToU or related to the Software and/or the Services by mutual settlement procedure, which may be initiated by either party by sending a written notice requesting settlement procedure to the other party.
Parties will have 60 calendar days to solve all controversies through negotiations and mutual settlement. In case they fail to do so, a dispute shall be brought to the relevant court as determined in article 11 above.
This ToU may only be revised in a writing signed by Company, or published by Company on the https://WasabiVPN.com/terms.php.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this ToU or your use of the Services.
Company may assign this ToU, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this ToU without Company's prior written consent, and any unauthorized assignment by you shall be null and void.
If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this ToU shall be given full force and effect.
In the event any litigation is brought by either party in connection with this ToU, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
All notices given by you or required under this ToU shall be in writing and addressed to email: info@WasabiVPN.com
You hereby agree that Company shall be entitled to appropriate equitable remedies with respect to your breaches of this ToU, as well as to other remedies otherwise available to us under applicable laws.
Some materials on our Software regarding the Services may be outdated and Company makes no commitment to update such materials. As well, you should acknowledge that some of the Services mentioned in these materials may not be available in your country and such references constitute no obligations (even if implied) of Company to make available such services in your country. You should consult Company regarding the availability of particular services offering in your country before subscribing or submitting to use the Software and/or the Services.
This ToU, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Software and/or the Services and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Software and/or the Services.
Some provisions can be incorporated further by signing written documents between the parties regarding the exact ways of your use of the Software and/or the Services, purchase of the Services from Company and specific portions or features of our Software. Such relations shall be governed solely by such agreements and respectful terms and conditions if they won’t specifically refer to this ToU.