TERMS OF USE

Last Updated: Sep 27, 2018

These Terms and Conditions govern your use of our applications and services. By using our applications and services, you confirm that you are at least 18 years of age and agree to comply with the provisions below. If you do not accept any part of these terms and conditions, you must not use our applications and services.

GENERAL CONDITIONS AND DEFINITIONS

By accessing and or using Applications you are agree to be bound by these Terms of Use and our Privacy Policy. If you disagree with any part of the terms then you may not access to the Applications. We may amend (update) these Terms of Use at any time by posting (placing) the updated Terms of Use.

You agree that in this agreement the following words and combinations of words are used at such sense (meaning):

“Applications” – applications, websites, tools or services, including but not limited:

  • Mobile and desktop applications
    • SurfPro VPN (version for iOS devices)
    • SurfPro VPN (version for Mac)
  • Websites
    • xwavesoft.com

“Owner” (“Applications Owner”) or “Operator” or “we” (“us” or “our”) means a natural or legal person, which owns the exclusive rights for the objects of intellectual property – the Applications.

“User” (“Users”) means a person (individual) who has installed any of Applications on the appropriate technical device and or use the Application, or otherwise has an access to the functionality of the Application.

TERMS AND CONDITIONS

You agree to protect your user id/password and our applications and services from unauthorized use.

You are responsible for all actions that occur on our servers subsequent to a login committed with your ID.

THE FOLLOWING ACTIONS ARE ALSO PROHIBITED

  • Using our applications and services in any manner that violates any applicable industry standards, third party policies or requirements, including without limitation, all of the applicable guidelines published by the CTIA, the Mobile Marketing Association or any other accepted industry associations, carrier guidelines or other industry standards.
  • Engaging in any unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spam laws and regulations including, but not limited to, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.
  • Using our applications and services in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted phone calls SMS or text messages, email, voice mail, or faxes.
  • Using our applications and services to harvest or otherwise collecting information about others, including email addresses or phone numbers.
  • Using our applications and services to engage in fraudulent activity with respect to third parties.
  • Violating or facilitating the violation of any local or foreign law, including laws regarding the transmission of data or software.
  • Taking any action to encourage or promote any activity prohibited under this Terms of Use.
  • Downloading and transmitting any material that infringes the intellectual property rights or other rights of third parties.
  • Downloading and transmitting any material that is libelous, defamatory, discriminatory or otherwise malicious or harmful to any person or entity.
  • Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call.
  • You are also agree NOT to use our applications and services to/for:
    • scan for open proxies or open relays
    • port scanning
    • store any data which violate the local laws
    • launch any pop-ups from our service
    • attack in any way any other computer or network

AGE RESTRICTION

Subscribers affirm that they are either at least eighteen (18) years of age, or an emancipated minor, or are in possession of legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, affirmations, obligations, representations, and warranties set out in these Terms of Service, and to abide by and comply with the Terms & Conditions contained herein.

USAGE RESTRICTIONS

Your registered account is intended for your sole use; the simultaneous use by two or more individuals is forbidden.

SERVICE QUALITY AND LIMITATIONS

Actual service coverage, speeds, locations and quality may vary. The services will attempt to be available at all times except for any limited periods required for technical maintenance and repair. However, the services may be unavailable due to a variety of factors beyond our control, including emergency situations, transmission, third party service failures, equipment or network problems or limitations, interference and signal strength, and may be interrupted, refused, limited or curtailed. We are not responsible for data lost, not delivered, delayed or misdirected because of any interruptions or performance issues with the services or networks. We may impose limits on services usage, suspend services, or block certain kinds of usage in our sole discretion to protect users or the service. Network speed is not limited by the services within any of our accounts (trial or subscribed) or by the physical location of your server. Your current network speed may vary based on configuration, compression, network congestion, server load and other factors. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.

ACKNOWLEDGEMENTS

In each instance, subject to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:

  • Our applications and services may only be used for lawful purposes.
  • Our applications and services may be a subject to a time-based subscription fee to operate the services on a mobile device or computer and to gain access to enhanced features.
  • You hereby understand that upon using the Software, you will be required to create an account which consists of your email and selected password. It will be used by you and only you and will provide you the access to all supported services and apps. You shall not share the password from your account with any employee, agent, officer or director or anyone else.
  • During the trial period you may use any of the services without any additional limitations comparing to the paid subscriptions.
  • All users of our applications and services are required to adopt and maintain the Privacy Policy, which may be modified by us from time to time.

CONTENT/USAGE DISCLAIMER

We log only access attempts to our servers (for security and troubleshooting), user session durations and the bandwidth used (for purposes of providing detailed information intended solely for each concrete user) and user clicks made to our software (to track popularity and assist in application and service improvements). We do not get involved in any form of censorship. We do not cooperate with any requests for information, unless ordered to by a court of competent jurisdiction (the vast majority of information requests would not be from a court of competent jurisdiction). Hacking, cracking, fraudulent activities, the distribution of viruses, phishing, network sabotage and/or any conduct deemed illegal or unwanted will be subject to immediate suspension or the termination of your account. Users are responsible for the proper secure configuration of their services and are responsible for any damage caused by their neglect or exposure of vulnerabilities whether intentional or unintentional. In case users are suspected of activities, which are declared illegal by the laws of countries where the local servers are hosted, we may log information, which is necessary to prove the user’s innocence and protect our service. This logging of data will be only partial and we will not collect any user’s private data. It will be terminated when all necessary proofs are collected.

VIOLATION OF TERMS OF USE

We have a ZERO TOLERANCE policy relating to any activity which breaches or violates our terms and conditions. Along with the ZERO TOLERANCE policy, clients who materially breach the terms and conditions will have their account deleted without any refund. Additionally, the Client understands that we expressly reserve the right to hold the client or any third-party using the service on the client’s behalf responsible for any and all financial damages and losses which may be incurred arising out of said breach or breaches, including, but not limited to, attorney’s fees, fees for expert witnesses, court costs, and other charges.

SUBSCRIPTION FEES, PAYMENT TERMS AND REFUND POLICY

All applicable federal, state or local taxes and all use, sales, commercial, gross receipts, privilege, surcharges, or other similar taxes, license fees and surcharges, will be payable by you. You will not withhold any taxes from any amounts due to us.

You are responsible for reviewing the Pricing Plans from time to time and remaining aware of the fees. The Pricing Plans, including subscription terms, quantities and pricing, are subject to change at any time in our sole discretion. We will use good faith efforts to notify you via email before changing of the Pricing Plans.

Our support team will be happy to help you with any technical difficulties. Simply email us at vpn@xwavesoft.com. If you are not completely satisfied with our services, you are entitled to a full refund during the first 7 days of usage.

Note that: Apple In-App Purchases refunds can be claimed from Apple (https://expresslane.apple.com).

In some specific cases we will not be able to make a refund via the same payment system that the refunded purchase had been made. In that cases we will require additional information from our user, to define the acceptable payment system in order to make a full refund.

RIGHT TO DISABLE ACCESS

We at our own discretion, may immediately disable your access to the services without refund if we believe in its sole discretion that you have violated any of the policies listed above or elsewhere in this Agreement.

RESTRICTIONS AND RESPONSIBILITIES

No Rights in Software

This is an Agreement for you to use our applications that provides you the access to the services. You are not granted a license to any software by this Agreement. You may not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Software or any software, documentation, or data related to the Software; remove any proprietary notices or labels from the Software; modify, translate, or create derivative works based on the Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Software. You may not display, copy, reproduce or distribute the Software, any component thereof, any documentation provided in connection with the Software, or any content, including but not limited to newsletters distributed to you in connection with the Software. Violation of these restrictions may result in the termination of this Agreement.

Compliance with Laws; Monitoring

You may use the Software only in compliance with this Agreement. You agree to not use this Software as a means or in a manner that violates any local, state, Federal laws international treaties.

Indemnification

You acknowledge and agree that we have the right to seek damages when you use our applications and services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.

TERMINATION

You may terminate this Agreement at any time by notifying our Customer Support in writing (vpn@xwavesoft.com). Since access to the services is delivered in full at the beginning of the subscription period, amounts paid for the services under this subscription plan are not refundable in case of your account termination. We may terminate this Agreement or the Software, disable your account or put your account on inactive status, in each case of this Terms violation, at any time, and with or without notice. We shall have no liability to you or any third party because of such termination or action. We may delete all of your archived data on its servers within 30 days after the date of termination. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

WARRANTY DISCLAIMER; REMEDIES

USE OF THE SOFTWARE AND ANY RELIANCE BY YOU UPON THE SOFTWARE, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. WE DON'T WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS IS" AND WE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

LIMITATION OF LIABILITY

THE MAXIMUM AGGREGATE LIABILITY OF US TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY US TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

RESTRICTED PERSONS; EXPORT OF SOFTWARE OR TECHNICAL DATA

You hereby warrant that you are not a "Restricted Person". For purposes of this Agreement, you are a "Restricted Person" if you or any officer, director, or controlling shareholder of the entity on behalf of which you are using the Software is (i) a national of or an entity existing under the laws of Cuba, Iran, Sudan, Syria, or any other country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (ii) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (iii) listed on the Denied Persons List or Terrorists List or Entity List by the U.S. Commerce Department; (iv) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (v) owned, controlled, or acting on behalf of a Restricted Person. If you become a Restricted Person during the term of this Agreement, you shall notify us within twenty-four (24) hours, and we shall have the right to terminate any further obligations to you, effective immediately and with no further liability to you, but without prejudice to your outstanding obligations to us. You agree that you shall not use the Software to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You may not remove or export from the United States or allow the export or re-export of the Software, or any direct Software thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.

THIRD PARTIES

Our applications may contain links to third party websites, applications or services. Applications also may have integration with third party websites, applications or services. If You follow one of these links or use integration with any of these websites, applications and or services, please note that they and any services that may be accessible through them have their own privacy policies and that We do not accept any responsibility or liability for these policies or for any Personal Data that may be collected through these websites, applications or services.

MISCELLANEOUS

If any condition of the Agreement is found to be unenforceable or invalid, that condition will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force, in effect and enforceable.

No agency, partnership, joint venture, or employment is created as a result of the Agreement.

If you have any questions about the rights and restrictions above, please contact us by email at vpn@xwavesoft.com