These terms and conditions govern your use of VPN Client by Nektony Limited. By using VPN services, you warrant that you are at least 18 years of age, and agree to comply with the terms below. Please, read them carefully before using the VPN Client software by Nektony Limited. If you have any queries about the Software or these Terms, you can contact us (identified below). If you do not agree to these Terms, you must not use the VPN Client.
Nektony Limited may update the Terms from time to time. Any changes in the Terms will be incorporated into a revised Agreement that we will post on this page. Unless otherwise specified, such changes shall be effective when they are posted. It is the responsibility of the client to check for the new Terms & Conditions of VPN Client once in a while.
You agree to protect your VPN Client and Nektony Limited services from unauthorized use. You are responsible for all actions that occur on our servers subsequent to a login committed with your VPN Client ID.
Users who commit any prohibited in or through our service using our resources will have their account removed without any refund. Here is a list of actions that are prohibited and may be regarded to criminal activity:
- Using the VPN Client in any manner that violates any applicable industry standards, third party policies or requirements that Nektony Limited may communicate to its users, including without limitation, all of the applicable guidelines published by the CTIA or any other accepted industry associations, carrier guidelines or other industry standards.
- Using VPN Client 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 & Conditions.
- Downloading and transmitting any material that infringes the intellectual property rights or other rights of third parties.
- Attacking in any way any other computer or network while on VPN Client.
- Sending or receiving unsolicited and/or commercial emails in violation of law, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes”.
- Transmitting any material (by email, uploading, posting, or otherwise) that abuses, bullies, threatens or encourages bodily harm, injury or destruction of property, defames one or more third parties, or promotes any act of cruelty to animals.
- Exploiting, possessing, producing, receiving, transporting, or distributing any illegal content, including but not limited to any sexually explicit depiction of children.
- Interfering with the service to any other user, client, host or network which reduces the quality of service for other clients and users.
- Accessing data, systems or networks including attempts to probe scan or test for vulnerabilities of a system or network or to breach security or authentication measures without written consent from the owner of the system or network.
- Accessing the service to violate any laws at the local or the country/territory in which you reside.
Nektony Limited can terminate any user account for violating terms of service instantly without refund and notice or suspend the account until clarification, investigation or the user comment. If your account has been suspended you must contact us in order to see if the case can be rectified.
Your registered account is intended for your sole use. The simultaneous use by two or more individuals is forbidden. The VPN Client allows the use of up to 5 different devices. This includes different system users inside macOS.
By using VPN Client you hereby acknowledge and agree that:
- The VPN Client may only be used for lawful purposes.
- Nektony Limited will maintain a binary file of your data on company servers, provided that you are a paid subscriber of the synchronization services. The binary is created when you synchronize or backup your data (either DataRecords or tasks) and is kept to restore your data in case of a local system crash, damage, loss or hack attempt that results in the self-destruction of your data.
- The VPN Client provides free 7 days trial period for using the software. During the trial period, you may use any of the services without any additional limitations comparing to the paid subscriptions. To activate the trial mode, you need to register using your email address.
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 VPN Client software is:
- 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;
- designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department;
- listed on the Denied Persons’ List or Terrorists’ List or Entity List by the U.S. Commerce Department;
- engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license;
- 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 Nektony Limited. within twenty-four (24) hours, and Nektony Limited 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 Nektony Limited.
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.
Fees and Payments
The fees charged by Nektony Limited VPN Client are referred to as Subscription Fees. Upon upgrading from the free version of VPN Client to advanced features and benefits, you will be a subject to Subscription Fees in accordance with the Pricing Plans as shown on the corresponding website.
Payments will be charged on the day you sign up for service and will cover the use of that service for the purchased duration. A subscription plan is an automatic payment recurring based on the service plan. All accounts are offered as is at the time of purchase. You may cancel the account subscription at any time. The account will remain active for the remainder of your billing cycle.
All applicable federal, state or local taxes and all use, sales, commercial, gross receipts, privilege, surcharges, or other similar taxes, license fees and surcharges, whether charged to or against Nektony Limited, will be payable by you. You will not withhold any taxes from any amounts due to Nektony Limited.
You are responsible for reviewing the Pricing Plans from time to time and remaining aware of the fees charged by VPN Client. The Pricing Plans, including subscription terms, quantities and pricing may be changed at any time. Nektony Limited will notify you via email before changing the Pricing Plans.
If you opt to pay for use of VPN Client, you will be directed to make payment through a third party payment processor. Nektony Limited offers Apple App Store payment option for the VPN Software. Advanced features of the VPN Client will be disabled until payment is received. The third-party site will provide us with, and we will then store, the date on which you made the payment and the date that your account will expire, along with a generic number (your “Order ID Number”). We do not store your name, home address, payment details (e.g. credit card details) but this data may be stored by the third party payment provider handling the transaction and may not be accessible by us.
If you have any questions, contact Nektony team at [email protected]. We will help you with any technical difficulties. In case you are not completely satisfied with our services, you are entitled to a full refund. Note, if you made payments in Apple In-App Purchases you need to contact them directly. All payment transactions are performed by Apple only.
Service Level Agreement
Actual service coverage, speeds, locations, and quality may vary. We make no guarantee that this service will be accessible at any time. However, we will do our best to keep the service up and running for our beloved clients.
The Nektony Limited services will attempt to be available at all times except for any limited periods required for technical maintenance and repair. While Nektony Limited will do the best to keep the service up and running for our beloved clients, the Service may be unavailable due to a variety of factors beyond our control, including emergencies, transmission, third party service failures, equipment or network problems or limitations, interference and signal strength, and may be interrupted, refused, limited or curtailed.
Nektony Limited is not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of any interruptions or performance issues with the VPN service or communications services or networks (e.g., T-1 lines or the Internet). We may impose limits on Nektony Limited services usage, suspend Nektony Limited services, or block certain kinds of usage in our sole discretion to protect users or the VPN Client application. Network speed is not limited by the VPN Client 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 copyright in all material contained on, in, or available through the Software including all information, data, text, sounds, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned/licensed by Nektony Limited. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without a permission.
Third Party Interaction and Links
The Software may contain links to websites operated by third parties (“Third Party Websites“). Nektony Limited may monetize some of these links through the use of third-party affiliate programs. Notwithstanding such affiliate programs. Nektony Limited does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.
In your use of the Software, you may open any document and file and any such activity or any terms, conditions associated with such activity, is solely between you and the applicable third-party data. Nektony Limited has no liability, obligation or responsibility for any such documents and data between you and any such third-party.
This Agreement is active until terminated. Your rights under this License will terminate automatically without notice if you fail to comply with any terms and conditions or otherwise fail to pay the fees and charges, if any, payable to us and associated with your use of the Software. Upon the termination of this License, you shall cease all use and destroy, remove or delete all copies, full or partial, of the Software on your computer or device and otherwise in your possession or control. Any term or condition of this Agreement which by its plain meaning shall be and must be performed after termination shall survive termination.
Use of VPN Client and any reliance by you upon the Software, including any action taken by you because of such use of reliance, is at your sole risk. The Licensed Software and any services performed or provided by the licensed Software are provided “As Is” with all faults and without warranty of any kind. Nektony Limited regularly makes fixes, enhancements, and upgrades to its Software for your benefit. The Software may be temporarily not available due to technical maintenance and IT infrastructure updates. Your sole and exclusive remedy for any failure or nonperformance of the Software shall be for Nektony Limited to use commercially and timely reasonable efforts to adjust or repair the Software. And the entire risk as to satisfactory quality, performance, accuracy, and effort are with you. Nektony Limited accepts any bug report and determines independently illation the terms of fixing them according to its schedule and rules. No oral or written information or advice given by Software customer shall create a warranty. Some jurisdictions do not allow the exclusion of implied warranties or limitations on the applicable statutory right of a consumer, so the above exclusion and limitations may not apply to you.
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.
Nektony Limited and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties, supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
If you have any questions about the Terms & Conditions, please contact Nektony Limited by email at [email protected].
©2018 Nektony Limited