These Terms of Service (the "Agreement") set forth the terms and conditions of Your Use of LayerVPN (Digisolutions FZCO) ("Services").
In this Agreement "You" and "Your" refer to You as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. "We", "Us" and "Our" refer to Digisolutons FZCO., as well as its subsidiaries and sister companies (“LayerVPN”). This Agreement explains Our obligations to You, and explains Your obligations to Us. This Agreement also incorporates LayerVPN’s Universal Terms Of Service.
You agree that LayerVPN may modify this Agreement and the Services it offers to You from time to time. By continuing to use the Services after any revision to this Agreement or change in services, You agree to abide by, and be bound by, any such revisions or changes.
You agree to maintain accurate information by providing updates to LayerVPN, as needed, while You are using the Services. You agree You will notify LayerVPN within five (5) business days when there is any change of the information You provided for your account. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by LayerVPN, to determine the validity of information provided by You, will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if LayerVPN has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, LayerVPN has the absolute right, in its sole discretion, to terminate its Services and close Your account.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
LayerVPN protects and respects our customers' privacy, We ensure our customers remain anonymous when using the service and collect as little information as possible.
To that end: we DO NOT LOG any user activity (i.e., sites visited, DNS lookups, emails, etc.)
Here is the information we collect and why we collect it:
VPN Specific User ID. We create a VPN specific user ID that is shared with the upstream provider for the purpose of:
The user ID is what allows us to identify the specific customer for troubleshooting issues and to gather/add to product feedback/features analysis.
Non-PI: Anonymized and/or non-PI data is collected for 2 purposes:
Actual service coverage, speeds, locations and quality may vary. The Service will attempt to be available at all times except for limited periods for maintenance and repair. However the Service may be subject to unavailability for a variety of factors beyond Our control, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, refused, limited or curtailed. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Service or communications services or networks (e.g., T-1 lines or the Internet). We may impose usage or Service limits, suspend Service, or block certain kinds of usage in Our sole discretion to protect users or the Service. Network speed is an estimate and is no indication of the speed at which Your or the Service sends or receives data. Actual network speed will vary based on configuration, compression, network congestion and other factors. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
We do not put any cap on bandwidth or data usage per user, however the use of service is subjected to fair usage. Creating automated or manual VPN sessions in a manner that would impersonate a bot or exerting excessive load on the network that may disturb other users on the network or utilizing substantially excessive bandwidth that exceeds the average user bandwidth usage for an extended duration or the likes, all are considered as unfair usage of the network. We reserve the right to temporarily suspend or permanently terminate users found involved in unfair usage of its services.
Except as otherwise set forth herein, all right, title and interest in, and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audio visual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services identified herein (“IP rights”) are owned by Digisolutions FZCO or its third party partners, and You agree to make no claim of interest in or ownership of any such IP rights. You acknowledge that no title to the IP rights is transferred to You, and that You do not obtain any rights, express or implied, in the Services, other than the rights expressly granted in this Agreement. To the extent that You create any Derivative Work (any work that is based upon one or more preexisting versions of a work provided to You, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted) such Derivative Work shall be owned by LayerVPN and all right, title and interest in and to each such Derivative Work shall automatically vest in LayerVPN. LayerVPN shall have no obligation to grant You any right in any such Derivative Work.
If You have purchased or been given permission to use software from LayerVPN, LayerVPN grants You a limited, non-exclusive, non-transferable and non-assignable right and ability to use the software for such purposes as are ordinary and customary. You agree to not alter or modify the software. You agree You are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. LayerVPN reserves all rights to the software. The software and any copies You are authorized to make are the intellectual property of LayerVPN. The source code and its organization are the exclusive property of LayerVPN and the software is protected by copyright law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the software and all rights are reserved by LayerVPN and/or third party partners.
Any such software and Services are provided to You "as is" without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.
All fees for the Services shall be due and payable prior to the use of such Service, unless otherwise noted, such as when there is an offer for a free trial period. Fees for renewal periods after the Initial Term shall be due immediately upon the first day of such renewal period.
If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchased the Services. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, LayerVPN will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at LayerVPN's then current rates.
If You subscribed to the Service through one of Our distribution partners, You will be subject to their payment terms and obligations.
The initial term of Your Services shall be determined by the plan You purchase (ie. month-to-month or annual.) The Initial Term shall begin upon the date of purchase of the Services. Thereafter, the Services may renew by Your using LayerVPN’s auto-renew feature or manually renewing.
This Agreement also may be terminated: (i) by LayerVPN at any time, without prior notice, if, in LayerVPN's judgment, You are in violation of any terms or conditions herein; or (ii) in LayerVPN's sole judgment, Your use of the Services places or is likely to place unreasonable demands upon LayerVPN or could disrupt LayerVPN's business operations; or (iii) by LayerVPN if it so determines that You are, or are alleged to be, violating the terms and conditions of any other Agreement entered into by You and LayerVPN. In the event of termination or suspension of Services under the above circumstances, You agree that no refunds will be due to You for the remainder of an existing subscription.
LayerVPN can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. It is further governed by Our AUP. Violations of the AUP or any other provisions of this Agreement may result in termination of the Services provided by LayerVPN, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of LayerVPN based upon the severity of the violation. LayerVPN reserves the right to refuse Service if You violate any of these terms. You agree that LayerVPN shall not be liable to You for loss or damages that may result from its refusal to provide the Services under this Agreement.
THE SERVICES OFFERED BY LayerVPN ARE BEING PROVIDED ON AN "AS IS" AND LayerVPN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED OR AUTHORIZED BY LAW. WITHOUT LIMITATION OF THE FOREGOING, LayerVPN EXPRESSLY DOES NOT WARRANT THAT THE LayerVPN SERVICES WILL MEET YOUR REQUIREMENTS, FUNCTION AS INTENDED, OR THAT THE USE OF THE PROVIDED SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LayerVPN SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU AGREE THAT LayerVPN WILL NOT BE LIABLE FOR ANY (I) SUSPENSION OR LOSS OF THE SERVICES, EXCEPT TO THE LIMITED EXTENT THAT A REMEDY IS PROVIDED UNDER THIS AGREEMENT; (II) INTERRUPTION OF BUSINESS; (III) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE(S) PROVIDED THROUGH OR BY THE SERVICES; (IV) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD; (V) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (VI) EVENTS BEYOND THE CONTROL OF LayerVPN; (VII) THE PROCESSING OF YOUR APPLICATION FOR SERVICES; OR (VIII) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD.
IN NO EVENT SHALL LayerVPN BE LIABLE FOR ANY OR ALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE SERVICES, EVEN IF LayerVPN IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO LayerVPN OR THE SERVICES PROVIDED BY LayerVPN MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL LayerVPN’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.
THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF SERVICE OR YOUR USE OF LayerVPN OR ITS SERVICES OFFERED.
NO WAIVER OF ANY PROVISION OF THIS AGREEMENT SHALL BE EFFECTIVE UNLESS IT IS IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF LayerVPN.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, Our original objectives and intent as reflected in the original provision.
Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without Digisolutions FZCO prior express written consent.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such sections.