Bandwidth Limitations. The Service has sufficient capacity to accommodate average non-commercial use. However, from time to time during periods of extraordinarily heavy usage of the Service, you may temporarily experience slower service or service unavailability. No such temporary slowdown or unavailability shall constitute a breach or default by TravelVPN of its obligations. TravelVPN reserves the right to temporarily suspend or limit your use of the Service if: (a) your usage level exceeds our average customer use level or otherwise negatively impacts the overall health of the network determined by us in our sole and absolute discretion, or (b) you exceed any bandwidth limitations associated with your account. No such suspension or limitation of the Service shall constitute a breach or default by TravelVPN of its obligations. Use of the Service. You may not use the Service in any manner that could damage, disable, overburden or impair TravelVPN’s systems or networks, or interfere with any other party’s use and enjoyment of them. You may not attempt to gain unauthorized access to any computer systems or networks associated with the Service. You may only use the Service for your personal, non-commercial purposes, and not in any way to provide, or as part of, any commercial service or application. You may not transfer your rights hereunder or your account access to any other person. You may not use the Service: (a) in a manner that violates any law or regulation; (b) in a manner that infringes or violates any privacy, intellectual property, confidentiality, contractual or other rights; (c) to transmit information that is defamatory, offensive, misleading, false, harmful to minors or obscene; (d) to gain unauthorized access to any service, account, computer system or network; (d) to transmit any viruses or programming routines intended to damage, surreptitiously intercept, or expropriate any system, data or personal information; (e) in contravention of any acceptable use or other information technology policy that may apply to your use of any computer system or network; (f) to send unsolicited email communications, or (g) in any other manner that TravelVPN deems in its sole discretion to be inappropriate. Events Beyond Our Control. Notwithstanding anything to the contrary contained herein or elsewhere in any document relating to the Service, TravelVPN shall not be liable for any disruption in the Service caused by factors outside of TravelVPN’s control, including but not limited to, any problems with your computing or network infrastructure, hardware or product, problems with your internet service provider (ISP) or any sites you are attempting access through the Service, or any electrical or other utility outage.
TravelVPN grants you a limited, nonexclusive, personal, non-transferable, object-code license to use any software provided to you in connection with the Service (referred to herein as the “Software“) for internal and personal purposes only. Any Software stored on the TravelVPN USB Key may be used only on the TravelVPN USB Key. For Software that is installed on a device (such as a mobile phone, tablet or personal computer), you may only use and install such Software on the devices that have been specifically authorized in connection with the Service and the Service plan you are enrolled in. TravelVPN reserves all rights not expressly granted to you hereunder. The Software is protected by copyright and other intellectual property laws and treaties. You agree that TravelVPN and/or its licensors exclusively own all title, copyright and other intellectual property rights in and to the Software. YOU MAY NOT (AND MAY NOT ALLOW A THIRD PARTY TO) RENT, LEASE, SUBLICENSE, SELL, ASSIGN, LOAN, USE FOR TIMESHARING OR SERVICE BUREAU PURPOSES OR OTHERWISE TRANSFER THE SOFTWARE OR ANY OF YOUR RIGHTS AND OBLIGATIONS UNDER THIS LICENSE. You may not (and may not allow a third party to): (a) reverse engineer, decompile, disassemble or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Software by any means whatsoever, except to the extent the foregoing restrictions are expressly prohibited by applicable law, (b) remove or destroy any copyright notices or other proprietary markings, (c) attempt to circumvent any use restrictions, (d) modify or adapt the Software, merge the Software into another program or create derivative works based on the Software, or (e) use, copy or distribute the Software.
You agree that TravelVPN may suspend or terminate your use of the Service in the event of any breach or violation of these Terms of Service. TravelVPN may also terminate your use of the Service in the event that we determine in our sole and absolute discretion to cease offering the Service. You agree that any such suspension or termination in accordance with this paragraph may be performed without prior notice and you agree that TravelVPN will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
Service Plan Fees. TravelVPN offers different Service plans that may depend on the particular TravelVPN product and the amount of bandwidth you require. You acknowledge and agree that the details of the Service plan you are initially enrolled in were disclosed to you at the time of purchase or activation, as the case may be. If you subscribed for a plan with recurring fees and those fees are not paid when due, TravelVPN reserves the right to terminate, limit or suspend your access to the Service at its discretion. TravelVPN may also change the fees associated with any Service plan or introduce fees for any free Service plan on 30 days prior notice to you. If you do not wish to pay the new fee, you may terminate your use of the Service. Unlimited and One-Time Purchase Plans. Unlimited Service plans come with unlimited bandwidth usage of the TravelVPN Private Network for the duration of the purchased time period in accordance with these Terms of Service and the terms applicable to the plan you purchased. One-time purchase plans for the TravelVPN USB Key continue for the lifetime of the TravelVPN USB Key you purchased. If your USB Key is replaced under our limited warranty, the your plan will apply to the replacement USB Key but only up to the end of the original warranty period for your initial purchase of the USB Key. One-time purchase plans are non-refundable and non-transferable. TravelVPN reserves the right and authority to transfer one-time purchase plans to any third party service that provides service similar to the Service. TravelVPN allows a no-questions asked, hassle-free 7 day money back guarantee when purchasing via the TravelVPN website or via Google Play. That means you can request a full refund for any paid plan purchased on the TravelVPN website or Google Play if you email TravelVPN customer support within 7 days of your initial payment date. Apple App Store refunds are handled directly by Apple and need to be requested directly from them via your App Store’s help section.
TravelVPN WARRANTS THAT THE TravelVPN USB KEY HARDWARE WILL BE FREE FROM DEFECTS AND MATERIALS AND WILL OPERATE UNDER NORMAL CONDITIONS FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF PURCHASE. TravelVPN’S, AND ITS DIRECTORS’, OFFICERS’, EMPLOYEES’, AGENTS’, SUPPLIERS’, DISTRIBUTORS’ AND OTHER REPRESENTATIVES’, ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, FOR ANY BREACH OF THIS LIMITED WARRANTY SHALL BE, AT TravelVPN’S OPTION (A) RETURN OF THE AMOUNT PAID (IF ANY) FOR YOUR INITIAL PURCHASE OF THE USB KEY, IN WHICH CASE YOUR RIGHT TO USE THE SERVICE SHALL BE TERMINATED AS OF THE DATE OF REFUND, OR (B) REPAIR OR REPLACEMENT OF THE USB KEY. YOU WILL RECEIVE THE REMEDY ELECTED BY TravelVPN WITHOUT CHARGE, EXCEPT THAT YOU MAY BE REQUIRED TO PAY THE COST OF SHIPPING A DEFECTIVE KEY TO TravelVPN’S WAREHOUSE. THIS LIMITED WARRANTY IS VOID IF FAILURE OF THE USB KEY HAS RESULTED FROM ACCIDENT, ABUSE, MISAPPLICATION, ABNORMAL USE, A VIRUS, OR VIOLATION OF THESE TERMS OF SERVICE. ANY REPLACEMENT USB KEY WILL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD OR THIRTY (30) DAYS, WHICHEVER IS LONGER, AND TravelVPN WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE YOUR REMEDY WITHIN A COMMERCIALLY REASONABLE TIME OF YOUR COMPLIANCE WITH TravelVPN’S WARRANTY REMEDY PROCEDURES.
DISCLAIMER.THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, CONDITION OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. TravelVPN DOES NOT PROVIDE ANY WARRANTY OR GUARANTEE AS TO THE SECURITY OF THE SERVICE. THE SERVICE WILL NOT PROTECT YOU FROM KEY LOGGING, REMOTE SCREEN VIEWING OR OTHER VISUAL ATTEMPTS TO MONITOR YOUR INTERNET USAGE. TravelVPN DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. LIMITATION OF LIABILITY. IN NO EVENT SHALL TravelVPN, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, DISTRIBUTORS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED IN ANY CONNECTION WITH YOUR USE OF THE SERVICE HOWSOEVER CAUSED AND REGARDLESS OF THE FORM OF CAUSE OF ACTION, DEMAND OR CLAIM, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, AND EVEN IF SUCH DAMAGES ARE FORESEEABLE OR ANY OF THE FOREGOING PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOTAL LIABILITY OF TravelVPN, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, DISTRIBUTORS AND OTHER REPRESENTATIVES, TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE (HOWSOEVER CAUSED AND REGARDLESS OF THE FORM OF CAUSE OF ACTION, DEMAND OR CLAIM, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, AND EVEN IF SUCH DAMAGES ARE FORESEEABLE OR ANY OF THE FOREGOING PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. Applicable Law. These Terms of Service are governed exclusively by the laws of the Province of Ontario, Canada notwithstanding any principles of conflicts of law. To the extent permitted by applicable law, any claim, dispute or controversy between you and TravelVPN shall be arbitrated and finally resolved, with no right of appeal, even on questions of law, pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. The place of arbitration shall be Toronto, Ontario. The language of the arbitration shall be English. If the foregoing arbitration is not permitted by applicable law or any court with jurisdiction, you irrevocably agree that all claims, disputes or controversies shall be settled exclusively by the courts of the Province of Ontario. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS YOU AND TravelVPN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. Entire Agreement and Severability. These Terms of Service constitute the entire agreement between you and TravelVPN relating to the Service and supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the subject matter hereof. To the extent the terms of any TravelVPN policies or programs conflict with these Terms of Service, these Terms of Service shall control. If any provision of these Terms of Service is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. Assignment. TravelVPN may assign or transfer its rights and obligations under these Terms of Service to any person for any reason and without any notice to you. A purchaser of our business or assets may use and disclose your personal information for the purposes described in this policy. If TravelVPN becomes involved in a transaction where our assets or business is purchased, we will ensure the confidentiality of any personal information involved in such transaction.