PLEASE READ THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AND TERMS OF SERVICE CAREFULLY BEFORE USING THE SOFTWARE (AS DEFINED BELOW).
Thanks for choosing TouchVPN. Before starting, please read these General Terms and Conditions of Service (“Terms”) carefully. Among other things, the Terms cover the scope of your use of and access to the TouchVPN and other services, and any Software (as described below) provided by TouchVPN (collectively, the “Service” or “Services”). In these Terms, we’ll outline in detail what we provide you, our customers, and each of our legal obligations. Please note that certain Services require additional terms and conditions (“Service Specific Terms”) as specified herein. Your use of these Services are subject to these Terms and the Service Specific Terms.
Here is a quick breakdown of the Terms:
Who is TouchVPN?
“TouchVPN”, “We”, or “Us” means VPN Proxy Pro, LLC and certain of our affiliates. These Terms represent a binding contract between you and TouchVPN.
How do you agree to our terms?
You are agreeing to these Terms when you sign up for or use the Services and any time you access or use the Services. We encourage you to read our Terms carefully, specifically the automatic renewal terms and mandatory arbitration, which significantly affect your legal rights.
IN PARTICULAR, THESE TERMS CONTAIN AN ARBITRATION AGREEMENT THAT REQUIRES U.S. USERS TO RESOLVE DISPUTES WITH TouchVPN OR ITS AFFILIATES THROUGH ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WAIVE THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. SEE SECTION 2.11 BELOW FOR THE DETAILS OF THE ARBITRATION AGREEMENT.
What is covered by these Terms?
To make it easier to understand, we’ve divided our legal terms into four parts:
(1) Billing, Cancellation, and Refund Policies: This covers terms related to billing, automatic renewals, cancellation, and refunds, when billing is handled by TouchVPN. Separate terms may apply if you didn’t purchase the Services directly from TouchVPN.
(2) General Legal Terms: This covers the general legal terms that make up the contractual relationship between you and TouchVPN such as eligibility, user accounts, binding arbitration, and indemnification.
(3) License Terms: These are terms that govern how we give you a license to access and use the Services.
Our Services are generally billed on a subscription basis (“Subscription”). If applicable and you elect to enroll in a Subscription, you will be billed in advance for your Subscription on a recurring and periodic basis (“Billing Cycle”). The length of your Billing Cycle will depend on the Subscription you select. Billing Cycles will typically consist of one (1) month or one (1) year terms (“Subscription Term”). You agree to pay for the Subscription that you select. You also authorize us to automatically charge the payment method our service provider has on file based on the Billing Cycle applicable to your Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew for an additional Billing Cycle at the price shown in your account dashboard or otherwise communicated to you by us (“Renewal Price”) unless: (a) you or we have canceled your Subscription at least one (1) day prior to the commencement of your next Billing Cycle or in accordance with Section 1.4 below, or (b) an event under Section 1.6 occurs in which case we will give you prior notice according to that Section. We will email you in advance to let you know your Subscription is due for renewal and provide the renewal price in your account dashboard. You may cancel your Subscription by contacting us via the email address in your account dashboard which at the time of publishing is firstname.lastname@example.org, or by logging into your account. Once we or you have canceled your Subscription, your recurring subscription fees for the Services will no longer be charged to the payment method we have on file for your account, and your Subscription will remain active only until the end of the current Billing Cycle.
You may also be eligible for a refund depending on the specific plan and offer you subscribed to in accordance with the applicable section(s) below.
In the event you switch your TouchVPN Subscription plan, we will send you an email confirming the plan change, and reflect any credit or amount owed due to the difference in changing plans, and the Billing Cycle for the new plan. Your plan switch will be effective as of the date shown in your account profile and confirmation email, which will generally be tied to the date you elect to switch your plan.
A valid payment method is required to process the payment for your Subscription. You shall provide us or our third-party payment processor with accurate and complete billing information which may include full name, address, state, zip code, and valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.
Unless we expressly provide otherwise, all amounts paid are non-refundable. You further agree to be responsible for any applicable state, federal or other taxes that may be associated with the Services, including sales taxes, along with any transaction fees and currency conversions added by your financial institution and intermediaries. All amounts are in U.S. Dollars.
If the billing method you provide is a credit or debit card (“Payment Card”), you:
(a) represent that you are authorized to use such Payment Card;
(b) authorize us to charge your Payment Card periodically for the Subscription fees when due, including upon sign up for the Services and each subsequent Billing Cycle;
(c) agree to keep your Payment Card details valid and current; and
(d) agree to pay any processing fees that are charged by the third-party payment processors or Payment Card issuer.
If your Payment Card is declined when we attempt to charge it, we may try to charge it again at a later time. If we do not receive payment, we may suspend or terminate your Subscription.
We may change the fees that we charge for the Services at any time at our sole discretion, provided that we will give you at least thirty (30) days of prior notice of such changes. Unless otherwise specified in such notice to you, any changes to the Subscription fees will take effect in the Billing Cycle immediately following our notice to you.
1.7 TouchVPN Authorized Resellers
If you enrolled in our Services via a reseller, no refunds are provided by TouchVPN. The Services will continue to be accessible until the last day of your current month’s billing cycle. Should you have questions, please contact your reseller as any disposition of refunds, if owed, is between you and the reseller.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS – IF YOU RESIDE IN THE U.S. WHEN YOU AGREE TO THESE TERMS, YOU AGREE TO RESOLVE ALL DISPUTES WITH TouchVPN AND ITS AFFILIATES THROUGH ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE REVIEW SECTION 2.11 OF THESE TERMS FOR DETAILS REGARDING ARBITRATION.
Our Services are not available to persons who are not Eligible or to any users previously suspended, terminated, or removed from the Services by TouchVPN. “Eligible” means that you are 18 years of age or above the age of majority in your jurisdiction of residence (whichever is greater) or have the permission of a parent or guardian to use the Service. Notwithstanding the foregoing, if you are under 13 years of age, then you may not use or access the Service at any time or in any manner. By downloading, using, or accessing the Services, you represent and warrant that you are Eligible.
You are fully and solely responsible and liable for the content and data you enter into our Services. Registration as a user or subscriber with the Services may require both a user name and a password. You should consider your usernames and passwords as confidential information. Anyone with knowledge of both your user name and password can gain access to the restricted portions of the Services and your account. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or third-party service. You agree not to disclose your password to any third-party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. We reserve the right to block a user’s account and/or prohibit a user from using the Services in the event of any suspected or actual fraud or a violation of these Terms, as determined in our sole discretion.
If you provide to TouchVPN, either directly or through a third-party such as the Apple App Store, feedback and/or reviews, suggestions, comments, or ideas relating to the Services (“Submissions”), you grant, to the maximum extent permitted by applicable law, TouchVPN and its affiliated companies a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum, now known or hereafter developed, to improve or market the Services or for any other reasonable business purpose. We may sublicense these rights through multiple tiers of sublicenses. No compensation will be paid with respect to the use of your Submission. TouchVPN is under no obligation to post or use any Submission you may provide and TouchVPN may remove any Submission at any time in its sole discretion. By providing a Submission to TouchVPN, you represent and warrant that you own or otherwise control all of the rights to your Submission that are necessary for you to provide it, including Intellectual Property Rights. You agree that: (i) all content of your Submissions must be accurate; (ii) you will not provide a Submission that is known by you to be false, inaccurate or misleading and/or may be reasonably considered to be defamatory, libelous, hateful, offensive, unlawfully threatening or unlawfully harassing to anyone; (iii) you will not provide a Submission that infringes a third-party’s Intellectual Property Rights or other proprietary rights or rights of publicity or privacy; (iv) you will not provide a Submission that violates any applicable law, statute, ordinance or regulation; (v) you will not provide a Submission for which you were compensated or granted any consideration by any third-party; (vi) you shall not provide any Submission that includes information that references other websites, addresses, email addresses, contact information, phone numbers, or other personally identifiable information for anyone; and (vii) you will not provide a Submission that contains any potentially damaging computer programs or files.
You are responsible for your Submissions and acknowledge that once published, we cannot always remove them. Your Submissions shall not be deemed confidential and TouchVPN shall not have any obligation to keep any such material confidential. TouchVPN shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products incorporating such information.
Also we may, in our sole discretion, include new and/or updated beta features in the Services for your use and which permit you to provide feedback via mechanisms that TouchVPN offers for your feedback. Using beta features may subject you to the payment of fees. You understand and agree that your use of the beta features is voluntary. The beta features are provided on an “as is” basis and you acknowledge and agree that all use of beta features is at your personal risk. Certain beta features may be subject to additional terms or an agreement.
We may from time to time develop and provide updates for the Services, which may include upgrades, bug fixes, patches and other error corrections and/or new features, functionality, tools or content (collectively, “Updates”). Updates may also modify or delete features, functionality, tools or content in their entirety.
For the App, depending on your mobile device settings, when your mobile device is connected to the internet either: (a) the Updates will automatically download and install; or (b) you may receive notice of or be prompted to download and install available Updates. We suggest that you promptly download and install all Updates. If you do not download and install the most recent Updates, portions of the Services may not properly operate. All Updates will be deemed part of the Services and be subject to all terms and conditions of the Terms.
You agree that TouchVPN has no obligation to provide any Updates or to continue to provide or enable any particular features, functionality, tools or content, and will not be liable with respect to any such modifications, Updates, discontinuance or deletions.
TouchVPN may, in its sole discretion, offer a Subscription with a free trial for a limited period (“Free Trial”). If we offer you a Free Trial, the specific terms of your Free Trial will be provided at signup and/or in the promotional materials (such as, but not limited to, emails) describing the Free Trial and your use of the Free Trial is subject to your compliance with such specific terms. Free Trials are only available to users who have not subscribed to the Services in connection with a Free Trial being offered in the last 12 months or other duration as clearly defined by TouchVPN in the signup flow and/or in the applicable promotional materials.
You may be required to enter your billing information to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by us until the Free Trial has expired. You may cancel your Subscription within at least 24 hours prior to the end of your Free Trial through your TouchVPN dashboard and unless you cancel during the aforementioned timeframe. You will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer. Before charging you at the end of your free trial period, we will notify you of the applicable fees.
We may offer or provide you access to products, services, or websites provided by third parties, including but not limited to free services provided by third parties and websites that hyperlink to our website or to whom we hyperlink (collectively “Third-Party Content”). TouchVPN does not control or bear any responsibility for Third-Party Content, including but not limited to their products or services or use by them of personal information you may provide them.
If you choose to access or use any Third-Party Content, including without limitation through third-party payment vendors while using the Services. Your personal information may be available to a third-party content provider. If you choose to visit or use any Third-Party Content, these Terms will not apply to your activities or any information you disclose while using third-party products or services or otherwise interacting with third parties. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy, and other policies, if any, and not our policies. TouchVPN has no responsibility for any third-party’s policies or any third-party’s compliance with them. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any Third-Party Content.
To the fullest extent permitted by law, you agree to indemnify and hold TouchVPN, its affiliates, agents, suppliers, vendors, contractors, resellers, third-party partners, and licensors, and each of their respective contractors, subcontractors, officers, directors, shareholders, employees, agents, and its third-party suppliers, licensors, and partners (collectively, the “TouchVPN Entities”) harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use and misuse of the Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. TouchVPN reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the TouchVPN Entities, and you agree to cooperate with TouchVPN’s defense of these claims. TouchVPN will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
The Services, or certain portions thereof, may be subject to United States export controls. We reserve the right to limit, in our sole discretion, the availability of our services or any portion thereof, to any person, entity, geographic area, or jurisdiction at any time. By downloading and using our Service, you certify that you are not a target of any sanctions regime, and you do not reside in, nor will you access our Service or Software from, a country from which such access is prohibited under any applicable sanctions regime.
You may not export or re-export any aspect of the Services without (a) the prior written consent of TouchVPN, (b) complying with any applicable export control laws, and (c) obtaining all appropriate permits and licenses. In any event, you may not remove or export from the United States or allow the export or re-export of any part of the Services in violation of any restrictions, laws, or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. The Services may contain information that is controlled and restricted from export by the United States export controls restrictions, regulations, and laws described above (the “Controlled Information”).
If TouchVPN, in its sole discretion, determines that it cannot implement the Services in a manner to exclude access to Controlled Information where required, if you are in a country or territory that is subject to such regulation, you shall not be provided access to the Services.
TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, THE SERVICES AND WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITH ALL FAULTS AND WITH NO ASSURANCES THAT THE SERVICES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, BUGS, DISABLEMENTS, OR OTHER CIRCUMVENTION. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE SERVICES. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR USE OF THE SERVICES, AND WE DO NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE OF THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND FOR ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, NOR THAT THE SERVICES WILL BE AVAILABLE FOR YOUR ACCESS OR USE, NOR THAT OPERATION OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TouchVPN OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER JURISDICTION.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, TouchVPN AND THE TouchVPN ENTITIES WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT OR DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH) ARISING CONCERNING YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OF OR INABILITY TO USE THE SERVICES, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD-PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICES, OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
Also, when using the Services, information will be transmitted over a medium that is beyond the control and jurisdiction of TouchVPN, its partners, advertisers, and sponsors, or any other third-party mentioned on the Services. Accordingly, TouchVPN assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Services.
You acknowledge and agree that TouchVPN has offered the Services, set its prices, and entered into these Terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and TouchVPN, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and TouchVPN. TouchVPN would not be able to provide the Services to you on an economically reasonable basis without these limitations.
Please read this carefully. It affects your rights.
(A) Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting us via the email address in your account dashboard which at the time of publishing is email@example.com. In the unlikely event that customer service is unable to resolve a complaint you may have with TouchVPN or TouchVPN’s service provider(s) to your satisfaction (or if TouchVPN and/or TouchVPN’s service provider(s) have not been able to resolve a dispute with you after attempting to do so informally), you, on the one hand, and TouchVPN and/or TouchVPN’s service provider(s), on the other, each agree to resolve those disputes under the Arbitration Agreement contained in this Section 2.11. The Arbitration Agreement requires you to resolve all disputes (other than those expressly exempted in this Section 2.11) through binding arbitration on an individual basis, instead of in courts of general jurisdiction to the fullest extent permitted by law. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. We will pay all costs of arbitration, no matter who wins, so long as your claim is not frivolous. However, in arbitration, you, on the one hand, and TouchVPN and/or TouchVPN’s service provider(s), on the other, will be entitled to recover attorneys’ fees to the same extent they would be available in court.
(B) Arbitration Agreement – You, on the one hand, and TouchVPN and/or TouchVPN’s service provider(s), on the other, agree that any claim or dispute ("Claim") between us shall, at the election of any one of us, be resolved by binding arbitration ON AN INDIVIDUAL BASIS administered by the American Arbitration Association (“AAA”) under its rules for consumer arbitrations, as modified by this Arbitration Agreement. The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA and appear at adr.org. TouchVPN can also help put you in touch with the AAA. The parties intend that this agreement to arbitrate (“Arbitration Agreement”) be construed broadly, such that this Arbitration Agreement includes any Claims by you against TouchVPN or TouchVPN’s service provider(s) as well as their respective corporate affiliates for any claims, disputes, or causes of action related in any way to (i) your use of the Services or (ii) the breach, enforcement, interpretation, applicability, or validity of these Terms or any part of them (including this Arbitration Agreement).
You agree that, by entering into these Terms or otherwise using the Services, you are waiving the right to a trial by jury or to participate in a class action. At your request, we will promptly reimburse you for the payment of your arbitration filing fee. (The filing fee for consumers currently is $200 but is subject to change by the arbitration provider. If you are unable to pay this fee, we will pay it directly after receiving a written request). The arbitrator shall be authorized to award whatever relief would be available in a court under law or in equity, other than relief reserved for the courts by law or statute. YOU, ON ONE HAND, AND TouchVPN AND/OR TouchVPN’S SERVICE PROVIDER(S), ON THE OTHER, AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and TouchVPN agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision in the preceding sentence is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The parties to these Terms acknowledge that this Arbitration Agreement is made according to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), except to the extent state law provides defenses or exceptions not preempted by the FAA. Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow substantive law to the extent consistent with the FAA and shall honor any claims or privileges recognized by law. The terms of this Section 2.11 shall survive any termination, cancellation, or expiration of this Agreement.
Exceptions to Arbitration: Notwithstanding the foregoing, the following claims properly lodged in a small claims court of the United States are not subject to this Arbitration Agreement, provided that they are brought and maintained as individual claims and not in any class, consolidated, or representative capacity claims.
2.12 Prohibited Conduct
BY USING THE SERVICES YOU AGREE NOT TO:
In using our Services, you agree not to:
It is TouchVPN’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to our DMCA Notification Guidelines.
You may reach TouchVPN at the contact information provided below in the “CONTACT US” section. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and TouchVPN.
If the Software is provided to you through Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms set forth herein:
(a) Apple is not responsible for the Services and has no obligation to furnish any maintenance or support services for the Software or the Services.
(b) In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software (if any) to the Customer. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever for the Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be governed by the Customer Agreement.
(c) Any claim in connection with the Software related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by this Agreement, and Apple is not responsible for such claim.
(d) Any third-party claim that the Software or your possession and use of the Software infringe that third-party’s Intellectual Property Rights will be governed by this Agreement, and Apple will not be responsible for the investigation, defense, settlement, and discharge of such intellectual property infringement claim.
(e) Apple shall be a third-party beneficiary of this Agreement and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you.
If the Software is provided to you through the Google Play Store (“Google-Sourced Software”), then the following terms and conditions apply to you in addition to all the other terms set forth herein:
(a) you acknowledge that these Terms for the Services including the Google-Sourced Software are between you and TouchVPN only, and not with Google, Inc. (“Google”);
(b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service;
(c) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software;
(d) TouchVPN, and not Google, is solely responsible for its Google-Sourced Software;
(e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and
(f) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to TouchVPN’s Google-Sourced Software.
We and our partners may monitor and record customer service sessions, including telephone calls and online sessions for purposes of improving customer service, internal training, and internal market research. You hereby grant us permission to monitor and record any customer service sessions involving you, to use or disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental requests; to respond to claims asserted against us or our affiliates; to enforce and to ensure (including any investigations needed) a user’s compliance with these Terms; to conduct risk assessments and prevent, detect and investigate incidents of fraud, security and technical issues; to protect our and our affiliates’ rights, property or safety of TouchVPN, its other users or members of the public to provide the Services to you or other users; and/or to enhance the types of Services we may provide in the future.
TouchVPN may terminate your use of the Services or discontinue providing access to the Services at any time and for any reason, including, but not limited to any actual or suspected breach by you of these Terms or any other unacceptable or objectionable use of the Services, as determined by TouchVPN in its sole discretion. You agree that any termination of your access to the Services may be effected without prior notice and you agree that TouchVPN will not be liable to you or any third-party for any such termination.
If such termination or discontinuation by TouchVPN occurs during a period for which you are a paid subscriber, you may be entitled to a pro-rated refund of your current subscription payment amount in connection with your use of the Services. If your account is terminated due to your breach of these Terms, you will not be eligible for a refund. All refunds are issued at TouchVPN’s sole discretion and any refund request may be denied for any or no reason. If you have been terminated from the Services and wish to request a refund, please contact us via the email address in your account dashboard which at the time of publishing is firstname.lastname@example.org, and describe the circumstances relating to the termination or discontinuation of your use of the Services. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies TouchVPN may have at law or in equity.
You may terminate these Terms at any time by discontinuing use of the Services, deleting your account with the Services, and uninstalling any Software downloaded in connection with your use of the Services.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by TouchVPN without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Certain areas, features, or functionality of the Services may be subject to different or additional terms, rules, guidelines, or policies (“Additional Rules”) and not every Subscription will include the same features (for example, Subscriptions purchased via an authorized third-party may not include all of the same features as a Subscription purchased through our desktop Site). Not all features may be available on all devices. Depending upon the Services you subscribe or register to use, you may be permitted to be enrolled as follows: (1) by the TouchVPN website, (2) by another method permitted by TouchVPN or (3) by a third-party who is authorized on TouchVPN’s behalf or provide your personal information to enroll you on your behalf. Features may be added, changed or removed during the Subscription term. We may provide such Additional Rules to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Rules may conflict with these Terms. In the event of such a conflict, the Additional Rules will control. Any reference to the “Terms” in this agreement includes the Additional Rules.
These Terms (including any documents incorporated here by reference) constitute the entire agreement between you and TouchVPN concerning its subject matter, and it supersedes any other prior or contemporaneous agreements or terms, written or oral.
VPN service coverage, speeds, server locations, and quality may vary. Neither TouchVPN nor you will be liable for inadequate performance under these Terms to the extent caused by events beyond the reasonable control of a party, which may include denial-of-service attacks, internet disturbance, strikes, riots, pandemics or epidemics, natural disasters, acts of God, war, terrorism, and governmental action.
These Terms will be governed by and construed by the laws of the state of New York, exclusive of its choice of law principles. However, some countries (including countries of the European Union) have laws that require contracts to be governed by the mandatory provisions of the local laws of the consumer's country. In such cases, mandatory provisions of the local laws of your country of residence apply.
These Terms were prepared and written in English. Any non-English translations of these Terms which may be made available are provided for convenience only and are not valid or legally binding. Use of section headings in these Terms is for convenience only and will not have any impact on the interpretation of particular provisions. The use of the words "includes," "including," "such as," "for example," and similar terms are deemed not to limit what else might be included.
You agree that in the event of a dispute that is not subject to the Arbitration Agreement in these Terms, or if the Arbitration Agreement is found to be unenforceable any action at law or in equity arising out of or relating in any way to these Terms or your use of the Services, except any claim properly lodged in a Small Claims Court of the United States, will be brought in the courts of the state of New York and you hereby consent and submit to the personal and exclusive jurisdiction of such courts to litigate any such action. You further agree that any such claims will be brought solely on an individual basis and not as part of any class, consolidated, or representative capacity. If you reside in a country (including countries of the European Union) where laws provide consumers the right to bring disputes in their local courts, in such cases, mandatory provisions of the local laws of your country of residence apply.
All notices must be in writing and will be deemed given when: (a) personally delivered, (b) verified by a written receipt, if sent by postal mail with verification of receipt service or courier, (c) received, if sent by postal mail without verification of receipt, or (d) verified by automated receipt or electronic logs if sent by email, provided that no bounce or other technical error message was received in response. Notices to TouchVPN must be sent to VPN Proxy Pro, LLC, 250 Northern Ave., 3rd Floor, Boston, MA 02210, marked to the attention of the Legal Department, with a copy emailed to email@example.com. Email alone is insufficient for providing non-routine legal notices to TouchVPN such as notices related to disputes or arbitration, indemnification claims, breach notices, and termination notices (“Non-Routine Notices”) to TouchVPN. You may grant approvals, permission, extensions, and consents by email. Notices to you may be sent to the email address associated with your account for the Services. You consent to receive certain electronic communications from us in connection with your use of the Services. You agree that any notices or other communications sent to you electronically will satisfy any legal notice requirements. You must keep contact details associated with your account and accurate, and you will notify TouchVPN in writing of any changes to such details.
If any provision of these Terms is held to be unlawful, void, or for any reason is unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Upon termination or expiration of these Terms for any reason, such terms as by their nature would survive termination shall survive. In particular, Section 2.6 (Indemnification), 2.9 (Limitation of Liability), 2.11 (Binding Arbitration), 2.23 (Entire Agreement), 2.25 (Governing Law), 2.26 (Interpretation), 2.27 (Jurisdiction), 2.34 (Trademark and Copyright) will survive.
Except as expressly provided herein, there will be no third-party beneficiaries to these Terms.
The failure of TouchVPN to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by TouchVPN. Any cause of action arising out of or related to the Service by you against TouchVPN must commence within one (1) year after the cause of action accrues.
TouchVPN may make changes to these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or to account for additional features or functionality in the Services. We may notify you of such changes by any reasonable means, including by posting a revised version of these Terms through the Services. You agree that it is your responsibility to regularly check the Services for any updated Terms. By continuing to use or access any of the Services or otherwise engaging with TouchVPN after we post any changes, you accept the updated Terms. The “Last Updated” legend above indicates when these Terms were last changed. If a revision materially alters your rights, as determined by TouchVPN in its sole discretion, we will use reasonable efforts to notify you in advance of the change becoming effective, which may include sending a notification to the e-mail address(es) associated with your account or displaying a pop-up or banner within the Services. In any case, the most current version of these Terms will be posted on the Services. Changes will be effective no sooner than the last updated date. By continuing to use the Services after the date the changes become effective, you indicate your agreement to be bound by the updated Terms. If you do not agree to any changes made to these Terms, you must immediately stop using the Services.
© 2022 TouchVPN All rights reserved. “TouchVPN” is a trademark and/or federally registered trademark of Intersections, LLC.
All aspects of the Services and their content, features, and functionality are owned by TouchVPN, our licensors, or other content suppliers, and are protected by copyright and other intellectual property laws. See Part 3 of these Terms for the details of the limited license under which you are permitted to use the Services.
If you have any questions about these Terms, please contact us at the below address or by contacting us via the email address in your account dashboard which at the time of publishing is firstname.lastname@example.org:
VPN Proxy Pro, LLC
250 Northern Ave
Boston, MA 02210
2.37 Data Charges.
You are responsible for any charges that may apply to your use of our Services or Websites, including text messaging and data charges if you access or use the Services or Websites on your mobile or other device. If you're unsure what those charges may be, you should ask your mobile operator, internet, or other service provider before using the Services/Websites.
2.38 Service Specific Terms.
Certain Services (the following products: TouchVPN VPN Services) require additional terms and conditions. Your use of our Services specified below are subject to these Terms and Service Specific Terms (“Service Specific Terms”):
By using the Services, you also agree to the Service Specific Terms applicable to the respective Service(s). If there is any conflict or inconsistency between clauses in the Terms and Service Specific Terms, the Service Specific Terms govern and apply in relation to that specific Service(s).