This Software License and Terms of Service Agreement (the “Agreement”) for the CoVPN Software, and all other online properties and websites owned or operated by CoVPN (together with the CoVPN Software, the “Service”) is a legal contract between the individual accepting and agreeing to this Agreement (“you”) and CoVPN.
Please read carefully the terms and conditions of this agreement. By clicking the “install” button to initiate the installation of the CoVPN software, you acknowledge that you have read, understood, and agree to be bound by all of the terms and conditions of this agreement including the requirement of binding arbitration for all legal disputes. If you do not agree to all of the terms and conditions of this agreement, click the “i decline” button and the CoVPN software will not be installed on your device. If you do not agree to this agreement, you must destroy, return or delete all copies of the CoVPN software in your possession.
By clicking the “Install” button or by otherwise registering for, accessing or using the Service, you represent and warrant that you are Eligible (as defined below) and have not been previously suspended or removed from the Service by CoVPN.
As provided in greater detail in this Agreement (and without limiting the express language of this Agreement), you acknowledge the following:
•the Service is licensed, not sold to you, and you may use the Service only as set forth in this Agreement;
•the use of the Service may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator’s or Internet provider’s terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
•we provide the CoVPN Software to you on an “as is” basis without warranties of any kind and CoVPN’s liability to you is limited;
•disputes arising between you and CoVPN will be resolved by binding arbitration. By accepting this Agreement, as provided in greater detail in Section 15 below, you and CoVPN are each waiving the right to a trial by jury or to participate in a class action; and
•if you post any User Content that is prohibited by this Agreement, then we may—but have no obligation to—take any remedial action that we, in our sole discretion, deem necessary and/or appropriate under the circumstances, such as, without limitation, suspending or terminating your account, removing your User Content, and/or reporting you to law enforcement authorities, either directly or indirectly.
1. The Service. CoVPN provides the Service by establishing a secure Virtual Private Network (“VPN”) connection when connecting to the Internet. The Service’s VPN utilizes a proxy Internet Protocol (“IP”) address (a “Proxy IP Address”).
1.1 Free and Subscription Service. You may choose whether to use the free Service or the subscription-based or Premium Service (the “Paid Service”). If you choose to use the free Service, CoVPN may deliver third-party advertisements (“Advertisements”) to you. If you choose to use the Paid Service, CoVPN will not deliver any Advertisements to you.
1.2 Eligibility. The service is not available to persons who are not eligible or to any users previously suspended, terminated or removed from the service by CoVPN. “Eligible” means, with respect to the Paid Service, 18 years of age or older, and with respect to the free Service, 16 years of age or older. By downloading, using or accessing the Service, you represent and warrant that you are Eligible or have the permission of a parent or guardian to use the Service. Notwithstanding the foregoing, if you are under 16 years of age, then you must not use or access the service at any time or in any manner.
3. Modification of this Agreement. CoVPN reserves the right, at our discretion, to make non-material changes to this Agreement at any time. Please check this Agreement and any guidelines notified to you by CoVPN periodically for changes. In the event that a change to this Agreement materially modifies your rights or obligations, we will make reasonable efforts to notify you at least 30 days in advance of the effective date of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to pay for the CoVPN Software Paid Service, or through other reasonable means. If you do not agree to the changed Agreement you must discontinue your use of the Service. If you are a user of the CoVPN Software Paid Service and you elect to discontinue use of the Service due to a material change in this Agreement, we will provide you with a refund as described in Section 9 below. All other changes are effective upon publication of the changed Agreement.
4. User Content
4.1 User Content Generally. Certain features of the Service, such as the CoVPN Software Help Desk, may permit users to post content, including messages, reviews, data, text, and other materials (collectively, “User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.
4.2 Limited License Grant to CoVPN. By posting or publishing User Content, you grant CoVPN a worldwide, non-exclusive, royalty-free, perpetual, irrevocable right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed) without any compensation paid to you.
4.3 User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:
(A) You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize CoVPN and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 4 and in the manner contemplated by CoVPN and this Agreement; and
(B) your User Content, and the use thereof as contemplated herein, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, or libel any third party.
4.4 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users of the Service post or publish, and will not be in any way responsible or liable for User Content. CoVPN may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates this Agreement or is otherwise objectionable. You understand that when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CoVPN with respect to User Content. To the fullest extent permitted by law, we expressly disclaim any and all liability in connection with User Content. If notified by a user of the Service or content owner that User Content allegedly does not conform to this Agreement, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, CoVPN does not permit copyright-infringing activities on the Service.