Terms of use

THIS END USER LICENSE AGREEMENT ALONG WITH THE PRIVACY POLICY CONSTITUTES A LEGALLY BINDING AGREEMENT ("AGREEMENT") BETWEEN YOU (AN INDIVIDUAL) AND BROVPN VPN LTD. ("BROVPN" OR "US", "OUR" OR "WE»); THIS AGREEMENT REGULATES YOUR ACCESS AND USE OF THE SOFTWARE BROVPN ("SOFTWARE"), INCLUDED IN OTHER PROGRAMS OR SERVICES, WEBSITES THE BROVPN VPN LTD ("WEBSITE") AND ANY RELATED SERVICES, FEATURES, CONTENT AND APPLICATIONS ( "FEATURES") OFFERED BY US (ALL COLLECTIVELY REFERRED HEREIN AS THE "SERVICES"). PLEASE READ THESE TERMS CAREFULLY, IF YOU INTEND TO USE THE SERVICES. IF YOU DO NOT AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT OR DO NOT AGREE WITH OUR PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES. YOUR USE OF THE SERVICES IMPLIES ACCEPTANCE OF THE TERMS OF THIS LICENSE, AS SPECIFIED IN THIS AGREEMENT. BROVPN RESERVES ALL RIGHTS IN THE SERVICES INCLUDING ANY RIGHT WHICH IS NOT EXPRESSLY PROVIDED IN THIS AGREEMENT. BY USING THE SERVICES YOU AGREE THAT YOU WILL NOT USE THEM FOR ANY ILLEGAL OR UNAUTHORIZED PURPOSE. **Privacy** We value your privacy and take all possible measures to protect it. Please read our Privacy Policy to learn more about our data collection and usage practices. **Your Use of the Services** The services are provided to you free of charge in our standard format, but some Features or functionalities may not be available in the standard version of the Software; If you choose to purchase the premium version of BroVPN, you will have access to additional features and functionality; You may not use the Services if you are under the age of 13 or if you are not the owner or administrator of the device on which you install the Software or otherwise use the Services. We reserve the right, in our sole discretion, to modify, change, add or remove any terms and conditions of this Agreement or any part of it at any time, including, without limitation, changes to any features. Your continued use of BroVPN after any revision of the Services or this Agreement constitutes your full and final acceptance of any such changes. If you do not agree to be bound by the amended Agreement, you may not use or access the Services (or continue to use and access the Services). **Payment, renewal and refunds** You can use the free version of the Software. If you choose to purchase the premium version of the Software, you will be charged for the current subscription month. Your premium account will be automatically updated each month until you notify us that you want to stop a subscription. You can send a request to suspend your premium account via email: [[email protected]](mailto:[email protected]) or cancel the payment in the "personal account". We may use third-party services to receive funds and manage any payment procedure. Before using such third-party services, we recommend that you read and accept the relevant terms of the services and privacy policies and ensure that you agree to their terms. You acknowledge that we are not responsible for any third party services or for the content or privacy practices of such third parties. You are knowingly and voluntarily assume all risks of using such third party services. **License restriction** Under this Term, we hereby grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Services and to install the copy of the Software on your personal device. This limited license is for personal and non-commercial use only. Any commercial use of the Services or the Software, including, but not limited to, any use by an individual on behalf of a company or entity, shall be considered a breach of this Agreement. If you wish to use the Services for commercial purposes (or any part thereof), you must first enter into an Agreement with us. For more information, please contact us by e-mail: [[email protected]](mailto:[email protected]) We grant you a license to use the Software, but do not sell it. Except as set forth in this Agreement or under the terms of any of the Services, you may not: (a) copy, modify or distribute the Services or any portion thereof; (b) sell, rent, lease, assign, export, sublicense or otherwise transfer the Software or the Services; (c) modify, translate, reverse engineer, create derivative works based on the Software or Services or otherwise reverse engineer or attempt to derive any source code used in the framework or in connection with the Software or the Services; (d) alter, delete or obscure any copyright, trademark or other notices related to the Services or the Software; (e) interfere with or disrupt the use of other Services or of any networks connected to BroVPN; (f) use the Services or the Software alone or in conjunction with any other products, infringing upon the rights of third parties, including but not limited to the intellectual property rights of the third parties, in any way intruding upon the privacy of users or tracking, storing, transmitting or recording the personal information of other users of the Services or the Software; (g) violate applicable laws, including without limitation copyright and trademark laws, and applicable communication rules and regulations. Any such forbidden uses shall immediately and automatically terminate your license to use the Software and the Services without derogating from any other remedies available to us at law or in equity. **Prohibited Act** You may not use the Services in any manner that could damage, disable, overburden, or damage our servers or affect any other party's use of the Services. You may not attempt to gain unauthorized access to any part of the Services or to information that has not been made available to you through password mining or any other process. We may use any legal, equitable, technical or operational means available to prevent or terminate any breach or default of the terms of this Agreement or otherwise enforce the Terms of this Agreement. **Registration and security** To activate some of the Services, you will have to create an account and provide a user name, password and email address ("Registration data"); you hereby agree to: (a) provide true, accurate, current and complete information that may be required to complete forms related to your registration or use of the Services; (b) store and promptly update the Registration data and any other information that you have provided to us to ensure the accuracy, timeliness and completeness of such information. You may not share your account with anyone else or do anything else that could compromise the security of your account or lead to unauthorized use of your data. You are solely responsible for maintaining the confidentiality and security of your Registration data and for all activities that occur under your account. You must notify us immediately if the security of your Registration data or account has been compromised. We are not responsible for any damage that may occur as a result of someone else using your account password, regardless of the presence or absence of your consent. **Proprietary Rights** The software, Site and Features, including any versions, changes, corrections, modifications, improvements and / or updates, accompanying materials, services and any copies that you are permitted to make under this Agreement, are owned by us or our licensors and are protected by copyright laws and other legal treaties. You acknowledge that all rights, title and interest in and to the Software, the Site and Features and related intellectual property rights (including, without limitation, any patents (registered or pending), copyrights, trade secrets, designs or trademarks) evidencing or assigned to or added to or relating to the Software, the Site and Features are and shall remain the sole property of BroVPN or our licensors. This Agreement does not grant you any proprietary right to the Software, Site or Features, or any Services, but only a limited, revocable right of use under the Terms of this Agreement. Nothing in this Agreement constitutes a waiver of our intellectual property rights under any laws. The BroVPN logos and trademarks are our trademarks and no rights, licenses or interests in or to any such trademarks are provided for in this Agreement. We respect the intellectual property of others, and we ask you to do the same. It is important (as part of this Agreement) that you comply with all copyright laws and other provisions relating to any content agreement to which you may be a party when using the Services. **User content** The site may contain comments and recommendations, sections, discussion forums, bulletin boards, or other interactive features ("Interactive section") in which you may post or upload comments or user-generated content, such as text, videos, photos, messages, other materials or products (collectively, "User content"). You are solely responsible for your use of any interactive section (either by posting User content or otherwise interacting with User content or making decisions based on User content),and your use of the sections is at your own risk and under your sole responsibility. By uploading User content to the Interactive section, you agree to abide by the following restrictions: You may not upload, post or otherwise transmit any User content that: (i) violates any law, is associated with the criminal activity, or gives rise to civil liability; (ii) violates or in any way infringes upon the rights of other persons, including any intellectual property rights, or contains information that may defame, harass, stalk, or threaten other persons; (iii) is offensive in any way, including but not limited to, gross expressions, racism, cruelty, vulgarity, profanity, pornography, pedophilia, incest, bestiality or other obscenities; (iv) protects or provides information about illegal activities or tells about illegal activities or encourages illegal activities; (v) is soliciting terrorism; (vi) contains advertising, promotional material or any solicitation with respect to products or services; (vii) does not relate to the designed topic or theme; (viii) contains software or other materials containing virus or malware or destructive components; Do not impersonate another person, make false statements, or otherwise misrepresent your affiliation with any person or entity; Do not interfere with any other end user's rights, including privacy rights, copyrights or any other rights; Do not interfere with or disrupt the Site or the Services or networks connected to the Site or other users, or violate any requirements, procedures, policies or network rules associated with the Site; Do not reproduce, duplicate, copy, sell, resell or commercially exploit any portion of the Site or the Services or user content, use the site domain, or access the Site in an unauthorized manner; We have the right, but not the obligation, to monitor User content posted or uploaded to the Site to determine compliance with these terms and conditions and any applicable rules established by us and to refer to any laws or regulations. Although, we are under no obligation to monitor, display, edit or delete any User content posted or uploaded to the site, we reserve the right to view, edit, refuse to post or delete User content (without notice to the user) posted or uploaded to the Site at any time and for any reason. You are solely responsible for any damage resulting from infringement of copyright, trademark, trade secret, advertising or other proprietary rights or any other harm resulting from the download of User content by you or a third party. **Copyright Infringement Notices and Counter-Notices** If you believe that your work has been copied and there is a copyright infringement, you may send a notice to our agent providing the following information in writing: a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work that is claimed to have been infringed or, in the case of multiple copyrighted works, the information is reflected in a single notice with an attached representative list of such works presented on this site; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if possible, email address; a statement that you have a good faith belief that use of the material in the complaint is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notice is accurate and you are aware of the penalty for perjury and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You can file a complaint by e-mail: [[email protected]](mailto:[email protected]). You acknowledge that if you fail to comply with all the requirements of this section, your statement of violation may be invalid. You can read our DMCA Policy for more information **Automatic software updates and enhancements** The software is automatically updated or improved at our discretion and without any action on your part. Updates and improvements may include bug fixes, troubleshooting, updates, enhancements, software compatibility components, security updates, and new features or functionality. Updates or improvements will be considered part of the Software and will be subject to the terms of this Agreement unless updates or improvements are expressly provided in a separate agreement. We reserve the right to change, modify or alter the Software or the Services, or any part thereof (including their names, logos or designs) and / or completely discontinue the Services at our sole discretion. **Automatic download, routing and caching** The services may improve your Internet experience by, among other things, re-routing some of your requests through other BroVPN users ("peer-to-peer"). Your free use of the Services, in turn, will allow other devices using the Services to be redirected through your device. By using the Services, you consent to the use of your device as described above and acknowledge that other BroVPN devices may use your network connection and resources. Please note that BroVPN will make every effort not to use the resources of your device if your device is not currently in standby mode or is not connected to a power source or is roaming, and will take all measures to maintain the highest level of privacy and security. If you have purchased a premium account, parts of this section may not apply to you. You acknowledge that your entry into this Agreement and your use of the Services does not violate any contract, duty, law, regulation or right, and that if sharing your resources is undesirable or not permitted in your case, you will not use the Services, or acquire a premium account to use the network without providing your resources. **How is it free?** In exchange for free use of BroVPN VPN servers, you will have to act as "nodes" on the BroVPN network. By doing so, you agree to read and accept the BroVPN terms of use. You can opt out by becoming a premium user. **Beta version** You acknowledge that the Services are still in beta and therefore you may encounter errors and / or limited functionality. **Third-party websites and content** The services may contain links to other websites ("Third party sites"), as well as articles, photographs, text, graphics, images, images, video, audio, data, mobile applications, "plugins", offers and other materials or items owned or received from third parties ("Third party applications or content"). Such third-party sites and third-party applications or content are not investigated, controlled or verified for the accuracy, appropriateness or completeness of the information by us, and we are not responsible for any third-party sites you have accessed through the Services or any third-party applications or posted materials available or installed through the Services, including, without limitation, content, accuracy of information, infractions, opinions, reliability, privacy practices or other policies of third-party sites or third-party applications, or Content. Connecting, linking or allowing the use or installation of applications from any third party site or from any third party or Content does not imply endorsement or confirmation by us. If you choose to leave the Services and access third-party sites, use, or install any third-party applications or content, you accept full responsibility and you should be aware that our terms and policies will no longer apply. You should review the applicable terms and policies, including the privacy practices and data collection practices of any third-party site that you access through the Services, or that relate to any applications that you use or install from a third-party site. **Warranty Disclaimers** THE SOFTWARE AND THE SERVICES ARE DELIVERED ON THE BASIS OF "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND (INCLUDING SUPPORT OR OTHER SERVICES PROVIDED BY US OR OUR LICENSORS). YOU AGREE THAT YOUR USE OF THE SERVICES AND THE SOFTWARE IS AT YOUR OWN RISK AND YOU ARE RESPONSIBLE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SOFTWARE OR SERVICES: (A) WILL BE NON-DEFECTIVE OR WILL NOT CONTAIN ERRORS OR OTHERWISE WILL NOT BE FAILURES OR TECHNICAL PROBLEMS; (B) MEET YOUR REQUIREMENTS; OR (C) THAT ANY ERROR WILL BE CORRECTED IMMEDIATELY; WE DO NOT PROVIDE ANY WARRANTY OR REPRESENTATIONS ABOUT THE ACCURACY OR AUTHORITY OF THE CONTENT (INCLUDING ANY USER CONTENT) OR ANY THIRD PARTY SITES OR APPLICATIONS OR CONTENT OR ANY PORTION OR COMPONENT OF THE SOFTWARE AND ASSUME NO RESPONSIBILITY OR LIABILITY AND DISCLAIM ALL WARRANTIES FOR ANY ( I) PROBLEMS WITH THE INTERNET CONNECTION, OR LACK THEREOF, (II) MISTAKES OR INACCURACIES OF CONTENT OR SERVICES, (III) DAMAGE TO PROPERTY OF ANY KIND, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY THIRD PARTY SITE, (IV) ANY UNAUTHORIZED ACCESS TO YOUR DEVICE OR OUR SECURE SERVERS OR ANY PERSONAL OR FINANCIAL INFORMATION STORED ON THEM, (V) INTERRUPTIONS OR CESSATIONS OF THE TRANSFER IN RESPECT OF THE SERVICES, (VI) BUGS, VIRUSES, TROJAN PROGRAMS , OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED THROUGH THE SERVICES BY ANY THIRD PARTY, (VII) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF ANY CONTENT SENT, RECEIVED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES OR (VIII) ANY USER CONTENT. WE DO NOT WARRANT, DO NOT ENDORSE, ARE NOT RESPONSIBLE FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY WEB SITES WITH HYPERLINKS, OR PLACED ON BANNERS OR OTHER ADS, AND WE WILL NOT BE INVOLVED IN ANY TRANSACTIONS OR OTHER INTERACTIONS WITH SUCH ADVERTISING, AND IN ANY CASE WE DO NOT RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ASSUME ALL RISK FOR ENSURING THE PROPER QUALITY, EFFICIENCY AND RESULTS OF USING THE SERVICES AND PERFORM ALL TRANSACTIONS VIA THE SERVICES. **Limitation of liability** UNDER NO CIRCUMSTANCES WILL WE OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION OR MARKETING OF SERVICES SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INDIRECT, INCIDENTAL, ASSOCIATED OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS OR THE INABILITY TO USE THE SERVICE, EVEN IF WE OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY, NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER ANY CIRCUMSTANCES WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT, EXCEED FIFTY DOLLARS ($50.00) FOR CLAIMS, DAMAGES, AND OTHER THEORY OF LIABILITY. **Compensation for damages** You hereby agree to indemnify, defend and hold us, our subsidiaries, parent company and affiliates, partners, sponsors and all their respective officers, Directors, owners, employees, agents, attorneys, licensors, representatives, licensors and suppliers (collectively, the "Parties") harmless from all liabilities, losses, costs, damages and costs (including reasonable legal costs) incurred by either Party in connection with any claims arising out of your use of the Site or the Services, any use or alleged use of your account or your password by any person (regardless of your consent/ disagreement), your violation or non-compliance with the provisions of this Agreement, or your violation of the rights of any other person or organization. **Term and termination** This Agreement is effective from the time you access the Services or install the Software until it is suspended by you or us (The "term"). You may stop working with us at any time by completely uninstalling the Software. Failure to comply with the terms of this Agreement or any other agreement entered into with us will terminate your license and this Agreement. Upon termination of this Agreement, the license granted to you automatically expires and you must cease all further use of the Software and Services. We reserve the right at any time to take any of the following actions at our sole discretion without prior notice: •Restrict, disable, suspend or terminate access to the Services, including deleting your accounts and all related information and files contained in your account; •Reject, move or delete any content available on or through the Services; •Create additional General practices and restrictions regarding the use of the Services. We may take any of the above actions for any reason as determined by us in our sole discretion, including, but not limited to: (a) your violation or non-compliance with the provisions of this Agreement, (b) at the request of law enforcement or other authorities, (c) at your request, (d) due to termination or material changes to the Services (or any part thereof), (e) due to unforeseen technical or security issues. You agree that we will not be liable to you or any third party for taking any of these actions. **Compliance with Law and Export controls** The software is intended for use only in accordance with applicable law, and you agree to use it in accordance with all applicable laws. Without derogating from the above and any other terms and conditions set forth herein, you agree to comply with all applicable export laws and regulations and agree that you will not export or permit the export or re-export of the Software in violation of any restrictions, laws or regulations. You agree to the foregoing and represent and warrant that you are not under the control of, or resident in, any country to which we or other applicable law imposes restrictions. **General** •Entire agreement; This Agreement, including the policy you may refer to in the Agreement, constitutes the entire agreement between You and us with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings or agreements, written or oral, with respect to such subject matter, •Notices; we may require you to be notified of certain events in accordance with applicable law. You hereby acknowledge and agree that such notices will be delivered when you send them through the Site or through the Services, or by sending them to you by email. You can update your email address using the services where you have provided us with your contact information. If you do not provide us with accurate information, we cannot be held responsible as we have not been able to notify you. If you are a resident of the state of California, USA, you may receive the same information sent to you by email by sending an email to the above address with your email address and a request for that information. •Assignment; You agree that this Agreement and our rights under this Agreement may be transferred in whole or in part by us or our partner to third parties in our sole discretion, including assignment in connection with a merger, acquisition, reorganization or sale of all or part of our assets. You may not assign, sublicense or delegate your rights under this Agreement. •Applicable law; the Agreement and the relationship between you and BroVPN shall be governed by and construed in accordance with the laws of the State of Israel. You agree that any legal action arising out of or relating to the Agreement or your use of or inability to use the Site or the Services shall be brought exclusively in the competent courts of Tel Aviv, and You hereby consent and submit to personal and exclusive jurisdiction and consent to the venue, and waive any objection to jurisdiction, venue or inconvenience in such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. There shall be no third party beneficiaries to this Agreement in this Agreement. •No waiver; our Failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court shall endeavor to give effect to the parties' intentions as reflected in this provision and the other provisions of this Agreement shall remain in full force and effect. •You agree that regardless of any law or provision that conflicts with this law, any claim or action arising out of or related to the use of the Services or this Agreement must be filed within one (1) year after the claim arose or the cause of action arose. Contact us: For any question you can contact us by email: [[email protected]](mailto:[email protected]). Copyright 2018 BroVPN Ltd. All rights reserved. Use of the Services constitutes acceptance of the terms of use and Privacy Notice of BroVPN Ltd.

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