How you use the Services
Our basic Services are offered on a subscription basis with some additional functionalities and features which may be unavailable without the purchase of the premium subscription.
If you are a minor, you must have parental consent to use our Services, and furthermore be the owner/approved administrator of the device/platform on which you install and/or use in any way our Services.
The version of the Services available at the date of your renewal may be different from the version that was available when you initially purchased your licence from us. We provide application updates for all operating systems for 2 years minimum after the initial operating system version release.
We reserve the right to update, change, add, modify, or delete any of our terms and conditions of this Agreement or any part of it at any time, including the availability of any Features with reasonable notice and on reasonable grounds as the Software, the Services, the Sites, and the circumstances evolve and change. By continuing to use the Software, the Services, and the Sites following any revision of their functionality or this Agreement you demonstrate your complete and binding acceptance of any and all such changes. If you do not consent to being bound by the amended terms of the Agreement, you may not use or access (or continue to use or access) the Software, the Services and the Sites.
This Agreement becomes effective upon either your access to the Services, or the installation of the Software (whichever is earlier) until such a time as it is terminated either by you or us (the “Term”).
If you are an individual, during the Term, we grant you a personal, non-exclusive, non-transferable, non-assignable, revocable, non-sub-licensable, and limited fixed-term licence (subject to these terms) to access and use our Services and to download, install and use the Software onto your personal device including but not limited to the products and services made available through the Software or our Sites. No other right or licence in respect to the Software and the Services of any kind is granted to you hereunder. This limited licence is for your personal and non-commercial use only. If you wish to use the Services (or any portion of them) commercially, this must be agreed with us in writing in advance.
If you are a corporate body, during the Term, we grant you a non-exclusive, non-transferable, non-assignable, revocable, non-sub-licensable, and limited fixed-term licence (subject to these terms) to access and use our Services and to download, install and use the Software onto the fixed number of devices specified by you including but not limited to the products and services made available through the Software or our Sites for up to the maximum number of users specified by you. No other right or licence in respect to the Software and the Services of any kind is granted to you hereunder. Any other usage of our Services or Software (including, but not limited to use by a number of users in excess of the number specified by you, or use by an individual in a personal capacity) will amount to a breach of this Agreement.
If you are a corporate body, this licence is granted on the basis of the following representations and warranties:
- Each individual with whom we deal is fully empowered by you to agree to the Terms and all necessary action to authorise approval of the Terms has been taken
- Each individual with whom we deal on your behalf warrants that he/she has full authority, power and capacity to agree to the Terms and will take all necessary actions to enable you to lawfully agree to these Terms
- You are a company duly incorporated and in good standing under the relevant laws of its jurisdiction
- You will comply with all relevant laws, rules, regulations, decrees and other ordinances issued by any supra-governmental, governmental, state or other authority relating to the Software, the Services and the Sites
- You are not a “consumer” and you will not claim any rights as a “consumer” under any relevant legislation
- You will ensure that third parties shall not use your licence to access the Services
- You will at all times be truthful and honest in your dealings with us concerning the number of users using the Software, the Services and the Sites
Our Software is licenced to you, as opposed to sold. Except as described expressly in this Agreement or within any of our Services you may not:
- copy, modify, or distribute the Services or any portion of them
- sell, lend, rent, assign, export, sublicence or otherwise transfer the Software or the Services
- alter, delete or conceal any copyright, trademark, or other notices in connection with the Services or the Software
- modify, translate, reverse engineer, create derivative works based on the Software or the Services, or otherwise attempt to discover any source code, protocol or process used within or in connection with the Software or the Services
- interfere with or impair the use of others of the Services or with any network connected to the Services
- use the Services or the Software by themselves or in conjunction with any other products to infringe upon any third party’s rights, including without limitation third party’s intellectual property rights, to invade users’ privacy in any way, or to track, store, transmit or record personal information about any other user of the Services or the Software
- otherwise violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Any such forbidden uses shall immediately and automatically terminate your licence to use the Software and the Services, without derogating from any other remedies available to us at law or in equity
Prohibited Uses of the Services
You must not use our Services in any way that could damage, disable, overburden, or impair our server networks or cause interference with any other party’s use of our Services. You must also not attempt to gain unauthorised access to any part of the Services, or to any information for which you have not been granted access. We are entitled to use any legal, equitable, technical, and operational means available to stop or prevent any breach of these terms and enforce adherence to the Agreement.
To access some of our Services, users must create personal user accounts, thereby providing a username, password, and email address (“registration data”). By the continued usage of our Services after the creation of your user account, you agree to:
- Provide true, accurate, up to date, and complete information such as may be required by any registration forms regarding the use of our Services
- Maintain and update your registration data, and any other personal data you provide to us, for the purpose of keeping such information accurate, up to date, and complete. Furthermore, you must not give anyone else access to your account or do anything that may jeopardise the security of your account or enable unauthorised use of your account or our networks.
You are liable for all activities that occur on or under your account, and it is your responsibility to maintain the security and confidentiality of your user account and registration data. It is imperative that you notify us immediately of any kind of security breach in relation to your account or registration data. We will not be liable for any losses that you may incur due to someone else using your password or account, either with or without your knowledge.
All aspects of the Software, Features, and Sites, including any versions, revisions, corrections, modifications, enhancements and/or upgrades made thereto, accompanying materials, services, and any copies this Agreement permits you to make are owned by us and/or our licensors and are protected under intellectual property laws, including copyright laws and treaties.
You accept that all rights, titles, and interest in and to the Software, Sites and Features and associated intellectual property rights (including but not limited to any registered or pending patents, technology, copyrights, trade secrets, designs or trademarks), evidenced by or embodied in or attached or connected or related to the Software, Sites and Features remain the sole property of Enigma Net and/or our licensors. This Agreement does not convey to you any interest in or to the Software, Sites or Features, or any of the Services, but only a limited and revocable right of use in accordance with the terms described in this Agreement. Nothing in this Agreement constitutes a waiver of our intellectual property rights under any law.
All EnigmaNet logos and trademarks are ours, and no right, licence, or interest in any such trademarks is granted hereunder.
It is a condition of this Agreement that you adhere to all copyright laws and other provisions made in it, in connection with any content agreement to which you may be a beholden to through our Services.You shall not take any action to hinder our ownership of and rights in any manner with respect to the Services, the Software or the Sites. All rights are reserved unless stated otherwise.
“AVPN” is a trademark of Enigma Net. You shall not register or use for your own business purposes any trade names, signs, or symbols that are either identical or similar to any trademarks of Enigma Net.
Our Sites may contain live user comments, recommendations, sections, discussion forums, bulletin boards, or other interactive features (“Interactive Section(s)”) in which users may post or upload comments or user-generated content such as text, video, photos, messages, other materials or items (collectively referred to as “User Content”). You are solely responsible for the way you use any Interactive Section (either by posting User Content or any interactions otherwise with User Content) and your use of them is at your own risk and under solely your responsibility.
By submitting User Content to an Interactive user-based Section, you hereby agree not to upload, post, or otherwise transmit any User Content that:
- violates any law or engages in activity that would constitute a criminal offence or give rise to a civil liability
- violates or infringes in any way upon the rights of others, including any intellectual property rights or makes statements which may defame, harass, stalk or threaten others
- is offensive in any fashion, including blatant expressions, racism, abusiveness, vulgarity, profanity, pornography, paedophilia, incest, bestiality, or otherwise obscene
- advocates or provides instruction on illegal activity or discusses illegal activities or encourages illegal activity
- solicits terrorism
- contains advertising, promotional materials or any solicitation with respect to products or services
- is not generally related to the designated topic or theme
- contains software or other materials which contain a virus or other harmful or disruptive component
- impersonates others or falsely states or otherwise misrepresents any endorsement by or affiliation with any persons or entities
- interferes with any other end user’s rights, including the right for privacy, copyrights or any other right
- interferes with or disrupts the Sites or the Services or networks connected to the Sites or to other users, or disobeys any requirements, procedures, policies or regulations of networks connected to the Sites
- reproduces, duplicates, copies, sells, resells, or exploits for any commercial purpose, any portion of the Sites or Services or User Content, use of the Site domain, or access to the Sites in an unauthorised fashion
We have the right, but not the obligation, to track the User Content posted or uploaded to the Sites to assess compliance with these terms and conditions and any operating principles established by us and to address their relation to any relevant laws or regulation. Although we have no responsibility to monitor, screen, edit or remove any of the User Content posted or uploaded to the Sites, we reserve the right at our absolute and sole discretion, to screen, edit, refuse to post, or remove without notice any User Content posted or uploaded to the Sites at any time and for any reason. You shall be solely liable for any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights and damages incurred by them or any other harm resulting from any User Content submitted by you or third parties using your user account.
Copyright Policy and Infringement Notices
We refer you to our DMCA policy.
We may automatically update or upgrade our software at our discretion and without any action required by you. These updates and upgrades may include error corrections, bug fixes, updates, security updates, upgrades, software compatibility components, and new features or functionalities. Each update will be deemed part of the Software and will be subjected therefore to the terms described in this Agreement unless the updates or upgrades are provided expressly subject to the terms of a separate agreement. We reserve the right to change, alter, or modify the Software or the Services, or any part of them (including but not limited to their names, title, design, or logo) and/or to completely cease providing the Services solely subject to our discretion.
Automatic Uploading, Routing and Caching
Our Services may improve your use of the Internet, among other means by re-routing some of your requests through our Enigma Net global AVPN network servers.
By your participation, you acknowledge that any Services and/or Software may be introduced at a beta stage which is subject to ongoing testing and therefore you may encounter bugs and/or limited functionality.
Third Party Websites and Content
Links to other web sites (“Third Party Sites”) as well as articles, text, photographs, pictures, graphics, video, audio, designs, mobile applications, information, “plug-ins”, offers, and other content may be contained in our services. Such items belong to or originate from third parties (“Third Party Applications or Content”). We are not responsible for these Third Party Sites and Third Party Applications or Content and therefore they are not investigated, monitored or checked for accuracy, completeness, or appropriateness by us, and furthermore we are not responsible for any Third Party Sites or Content accessed through the Services or any third-party applications or content available through, posted on, or installed from the Services, including without limitation the offensiveness, content, accuracy, privacy practices, opinions, reliability, or any other policies of the Third Party Sites or the Third Party Applications or Content. Inclusion of, linking to, or permitting the use or installation of any Third PartySite or any Third Party Applications or Content does in no way indicate approval or endorsement by us. If you choose to leave our Services and access said Third Party Sites, or to use or install any Third Party Applications or Content, you are no longer governed by our terms and do so at your own risk. You should review the third party’s applicable terms and policies, including the privacy and data collection practices of any Third Party Site or service you navigate to from our Services, or which relate to any applications you install or use from the Third Party Site.
WHILST WE WILL USE OUR REASONABLE ENDEAVOURS TO PROVIDE THE SOFTWARE AND THE SERVICES TO YOU PURSUANT TO THIS AGREEMENT, DUE TO CIRCUMSTANCES OUTSIDE OUR CONTROL, THEY ARE PROVIDED AS AND WHEN THEY ARE AVAILABLE, WITH NO WARRANTY OF ANY KIND (INCLUDING SUPPORT BY US). YOU AGREE THAT TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOUR USE OF OUR SERVICES SHALL BE SOLELY AT YOUR RISK AND RESPONSIBILITY. WE, OUR LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ANY LIABILITY TO THE FULLEST EXTENT ALLOWABLE BY LAW. WHILST WE WILL USE OUR REASONABLE ENDEAVOURS TO PROVIDE THE SOFTWARE AND THE SERVICES TO YOU PURSUANT TO THIS AGREEMENT, DUE TO CIRCUMSTANCES OUTSIDE OUR CONTROL, WE DO NOT CLAIM THAT OUR SOFTWARE OR SERVICES:
- WILL BE FREE FROM ERRORS, DEFECTS, OR OTHERWISE FREE FROM ANY INTERRUPTIONS OR OTHER FAILURES
- WILL MEET YOUR NEEDS
- THAT ANY MATERIAL ERRORS ENCOUNTERED WILL BE FIXED IMMEDIATELY
WE MAKE NO REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT (INCLUDING BUT NOT LIMITED TO ANY USER CONTENT) OR TO ANY THIRD PARTY SITES, APPLICATIONS, CONTENT, ANY PART OR COMPONENT OF EITHER, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR SUCH CONTENT. WHILST WE WILL USE OUR REASONABLE ENDEAVOURS TO PROVIDE THE SOFTWARE AND THE SERVICES TO YOU PURSUANT TO THIS AGREEMENT, DUE TO CIRCUMSTANCES OUTSIDE OUR CONTROL, WE DISCLAIM ALL WARRANTIES FOR ANY:
- PROBLEMS OR AVAILABILITY OF INTERNET CONNECTIONS
- ERRORS, MISTAKES, OR INACCURACIES IN CONTENT
- ANY UNAUTHORISED ACCESS TO YOUR DEVICE OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN
- PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR TO ANY THIRD-PARTY SITE
- ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION REGARDING THE SERVICES CAUSED BY ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY
- ANY USER CONTENT
WE DO NOT GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO ANY TRANSACTION OR OTHER ENGAGEMENT WITH SUCH ADVERTISING OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE SERVICES, AND TO ALL TRANSACTIONS YOU UNDERTAKE ON THROUGH THE SERVICES.
Limitation of Liability
IN NO EVENT WILL WE OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE SERVICES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE SERVICE ON TERMINATION OF THIS AGREEMENT OR DUE TO CIRCUMSTANCES BEYOND OUR CONTROL OR DUE TO MAINTENANCE OR OTHER WORKS OR TO UPDATES OF THE SOFTWARE OR CHANGES TO THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE WHERE YOU ARE A CONSUMER AND THE SERVICES HAVE CAUSED DEATH OR PERSONAL INJURY, OUR AGGREGATE LIABILITY TO YOU AND ANY OTHER PARTY, WHETHER DIRECT OR INDIRECT, SHALL (TO THE EXTENT PERMITTED BY LAW) NOT EXCEED FIFTY US DOLLARS ($50.00) FOR ANY AND ALL CLAIMS, DAMAGES, AND OTHER LIABILITY.
You hereby agree to indemnify, defend and hold us, our subsidiaries, parent corporation and affiliates, partners, sponsors and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (collectively, “Parties”), harmless from and against any and all responsibilities, liabilities, losses, damages, expenses, and costs (including reasonable legal fees), incurred by any of the Parties in connection with any claim arising from your use of the Sites or Services, any use or alleged use of your account or your password by any person, whether or not authorised by you, your violation or breach of this Agreement or your violation of the rights of any other person or entity.
Term and Termination
This Agreement becomes effective upon either your access to the services, or the installation of the software (whichever is earlier) until such a time as it is terminated either by you or us (the “Term”). If you wish to end your relationship with us, you can do so at any time by entirely uninstalling the software. If you fail to uphold the terms and conditions of this Agreement or any other agreement you are part of with us, your licence will be terminated and this Agreement shall be void. Upon termination of this Agreement, all licences granted to you will expire automatically, and you must henceforth discontinue all usage of the Software and Services.
We have the right to, at any time and without prior notice to you, take any of the following actions at our reasonable discretion in the circumstances set out below:
- deactivate, terminate, restrict, or suspend your access to the Services, including permanent deletion of your accounts and all related information and files contained therein
- move, remove, or refuse any material that is available on, through, or as result of your usage of the Services
- establish further practices or limits concerning usage of the Services
We may take any of the above actions for any reason, as determined by us in our reasonable discretion, including, but not limited to:
- your violation of this Agreement or breach of its terms
- a request made by you
- requests made by a law enforcement authority, or governmental agency
- material modification or discontinuance to the Services (or any part of the Services)
- unexpected technical or security issues or problems
Compliance with Law & Export Controls
The Software is intended for use only in full compliance with all laws that apply and to be used by you in accordance with all such applicable laws. Without derogating from the foregoing and from any other terms herein, you agree to comply with all applicable export laws, restrictions, and regulations and agree that you will not export, or allow the export or re-export of the Software in violation of any such restrictions, laws or regulations. You agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country under UK or other applicable law.
You represent that your entry into this Agreement and your use of the Services does not breach any contracts, duties, laws, regulations, or rights.
This Agreement constitutes the entire agreement between you and us with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral save in respect of other documents specifically referred to in this Agreement.
We may be legally required to notify you of certain events. You hereby consent and acknowledge that such notices will be effectual upon our posting them on the Sites, through the Services, or on deliverance to you via email. We cannot be held liable if you fail to update your contact information and therefore are not notified of these events. If you are a resident of the State of California, U.S.A., you may have this information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
You consent that all rights in this Agreement hereunder may be assigned, partially or wholly, by us or affiliates to any third party, at our sole discretion, including an assignment in connection with a reorganisation, merger, acquisition, or sale of any portion of our assets, or otherwise, in whole or in part. You cannot assign, sublicence, or delegate your rights under this Agreement.
The Agreement and relationship between you and Enigma Net shall be governed by and construed in accordance with the laws of England, without giving effect to its choice of law rules. You agree that any legal action arising out of or relating to the Agreement or your use of, or inability to use, the Sites or Services shall be filed exclusively in the competent courts of England and you hereby consent and submit to the personal and exclusive jurisdiction and venue of, and waive any jurisdictional, venue, or inconvenient forum objections to, such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. In this Agreement, there shall be no third-party beneficiaries to this Agreement.
Any failure by us to enforce or exercise any right or provision of this Agreement shall not constitute a waiver in any fashion. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
For any further information, please contact: info@enigmaNET.com.
Copyright 2021 Enigma Net is a trading name of an Enigma Incorporated Ltd.
All rights reserved.