Please also note that Apple Inc. and our partners may have their own privacy and personal data policies that govern their practices in collecting, storing, using and disclosing your personal information. Please, read them carefully also. You hereby represent and warrant to VS Softwareline LTD that you have familiarized yourself and agree with those privacy policies.
We do not file a copy of the Agreement with you, therefore we ask to have it printed for your personal use. The amendments to these Terms and Conditions shall be introduced in compliance with the regulations hereinafter provided.
Terms and Conditions I. General Provisions and Definitions 1. The following Terms and Conditions (hereinafter also referred to as the "Term and Conditions") govern your access to and use of:
(1) Our website located at http://www.neonvpn.com (hereinafter referred to as the “Website”),
(2) Our mobile application providing you Services as it is specified hereinafter (hereinafter referred to as the “Mobile application”, “NeonVPN”).
(3) all other services provided by the means of the Website and/or Mobile application.
2. These Terms and Conditions form an agreement between VS Softwareline LTD Ltd., a limited liability company, validly incorporated under registration number HE377251 ("VS Softwareline LTD", “us”, “we”, “our”) and you (hereinafter referred to as the “Agreement”).
3. The term "you" refers to the natural person or the legal entity visiting the Website, browsing or otherwise using the Mobile application, or using Services as provided hereunder.
4. By accessing and using the Website or/and Mobile application you accept and agree to be bound by and comply with these Terms and Conditions and you confirm that you understand the content of the Agreement in full and that you personally, freely, for your own benefit knowingly and willfully express your consent for concluding it in the form it is presented on the Website with all modifications and amendments that can be introduced to it, and that you were not provided with any additional guarantees, warranties, agreements, contracts, obligations, compensations or any other promises of any kind, except those that are explicitly defined by the Agreement, and that you voluntarily, unconditionally and irrevocably waive any claims, rights and/or means of protection, except those provided by the Agreement.
5. If you do not accept and agree to be bound by the current Terms and Conditions, please do not access or use the Website or/and Mobile application. If you are accessing or using the Website or/and Mobile application on behalf of another natural person or a legal entity, you represent and warrant that you have the appropriate authority to bind such person or entity to the current Terms and conditions.
6. The Website or/and Mobile application are provided solely (the “Permitted Use”) to:
(1) assist you in gathering information about the various types of our Services;
(2) Make a number of resources available to you, including information, software, products, downloads, documents, communications, text, graphics, content, tools, and services such as technical support.
(a) you have a full legal capacity, in compliance with the applicable legislation, provided that the use of the rendered services does not contravene the law of your country;
(b) you confirm that you do not offend against your local law while use our services;
(c) you possess the legal authority to create a binding legal obligation;
(d) you shall use the Website or/and Mobile application strictly in accordance with the current Terms and Conditions;
(e) all information provided by you is true, accurate, complete and up-to-date.
VS Softwareline LTD retains the right at its sole discretion to deny access to anyone to the Website or/and Mobile application or the services it offers, at any time and for any reason, including, but not limited to, for violation of the current Terms and Conditions. You shall cease and desist from any such access or use immediately upon request by VS Softwareline LTD.
2. VS Softwareline LTD grants you a personal, revocable, non-exclusive and non-transferable license during the Term to permit you to access, download, install and use the Website or/and Mobile application solely for your personal, non-commercial purposes in accordance with the current Terms and Conditions. Upon payment of the applicable fees for the Services and continuous compliance with the terms and conditions of this Agreement, VS Softwareline LTD hereby grants You a revocable, non-exclusive, non-transferable, limited and perpetual license to download, install and use the Website or/and Mobile application strictly in accordance with the terms of this Agreement, strictly in accordance with the terms of this Agreement.
3. You agree to use Your reasonable efforts to prevent and protect the contents of the Website or/and Mobile application from unauthorized use or disclosure, with at least the same degree of care that You use to protect Your own confidential and proprietary information, but in no event less than a reasonable degree of care under the circumstances.
4. You grant to VS Softwareline LTD a perpetual, transferrable, irrevocable, royalty-free, fully paid-up, worldwide and fully sub licensable to access, collect, store and use any data, information, records and files that
(1) you load, transmit to or enter into the Website or/and Mobile application, or
(2) we collect with your permission and including all results from processing such data solely for the purpose of: (a) providing the Website or/and Mobile application Services, (b) complying with applicable law, and (c) VS Softwareline LTD’s reasonable audit and data retention policies.
5. The downloading, installing and viewing of the Website or/and Mobile application is done at your own risk. VS Softwareline LTD cannot and does not guarantee or warrant that the Website or/and Mobile application are compatible with your computer system or that the Website or/and Mobile application, or any links from the Website or/and Mobile application, shall be free of viruses, worms, Trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Website or/and Mobile application.
III. Username and Password Security 1. In some instances, you may be required to register to gain access to certain Website or Mobile application areas or services. If you choose to register on the Website, you agree to (a) provide accurate, current, and complete information about yourself as prompted by the applicable registration form, and (b) maintain and update your information (including your email address) to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Website or/and Mobile application.
2. Upon the registration and choosing of your username and password you must not disclose them or transfer your rights of use to any third party.
3. The person who entered your username and password on the Website is presumed to be the full-right owner of your Personal account and all transactions made by this person are regarded as valid. Under no circumstances we bear any responsibility for the losses that occurred as a result of an unauthorized usage or misuse of your registration data. We are under no obligation to store your username and password.
4. In case of a loss of your username or password, please contact us in order to recover ID. Please, note that in mentioned situation VS Softwareline LTD may initiate a security check.
Under no condition we are responsible for the loss of your username and password through no fault of ours.
2. For the reasons of your personal security, the security of us and our partners VS Softwareline LTD reserves the right to conduct at any time a security check, which includes, but is not limited to, the verification of the information that you provided us, as well as with the applicable law.
4. By accepting these Terms and Conditions you undertake to provide all required documents and information. Failure to provide us with such information may lead to our unilateral termination of the Agreement.
5. In case of gross violations of the data protection requirements we reserve the right to block your access to our resources.
V. Fraud 1. We strongly disapprove of unfair practices and fraud and fight against any forms of their instances in every possible way.
2. If during an internal investigation we determine an attempt to commit a fraud, including, but not limited to hacker attacks on Website and/or on Mobile application, execution of unauthorized transactions, including those accomplished by means of stolen credit cards, illegal chargebacks or payment recalls, illegal transactions (e.g. “money laundering”) or in similar cases, we reserve the right to block or terminate your use of the Website and Mobile Application and recover the damage, incurred by the abovementioned actions, by all legal means, including, but not limited to, withholding the appropriate sum from your account or by bringing a court action.
3. In compliance with the legislation we are bound to inform the appropriate authorities on the revealed facts of fraud, which may have most negative effects for you.
VI. Consent 1. You agree that VS Softwareline LTD may collect and track technical and related information about You and Your use of the Website or/and Mobile Application, which may include internet protocol address, operating system, application software, and the Website or /and Mobile application usage statistics, to assist with the necessary operation and function of the Website or /and Mobile application, the provision of updates, support, marketing by VS Softwareline LTD or its agents, and research and development. We will never disclose this data to third-party.
VII. Waiver 1. Our failure at any time to require performance of any provision of these Terms and Conditions or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed by the party to be bound. Unless the written waiver contains an express statement to the contrary, no waiver by VS Softwareline LTD of any breach of any provision of these Terms of Service of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Service.
VIII. Submissions 1. By submitting content to the Website or Us, including any reviews, content, questions, comments, suggestions, ideas or similar information (collectively, “Submissions”), you grant VS Softwareline LTD and its affiliates, a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that VS Softwareline LTD may choose, but is not required, to provide attribution of your Submissions at our discretion, and that such submissions may be shared. You further grant VS Softwareline LTD the right to pursue at law any person or entity that violates your or VS Softwareline LTD’s rights in the Submissions by a breach of the current Terms and Conditions. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
2. VS Softwareline LTD takes no responsibility and assumes no liability for any Submissions posted or submitted by you. VS Softwareline LTD has no obligation to post your Submissions and reserves the right, in its absolute discretion to determine which Submissions are published on the Website. If you do not agree to these terms, please do not provide us with any Submissions.
3. You are fully responsible for the content of your Submissions, specifically including, but not limited to, reviews posted to the Website. You acknowledge that VS Softwareline LTD may exercise its rights (e.g. use, publish, delete) to use any Submissions without any notice to you.
IX. Ownership rights 1. All Content, including (without limitation) brand names, trademark and logo, know-how, exclusive, intellectual, copyright, including database, content, domain names are owned or licensed by VS Softwareline LTD and are rigorously protected by law. The rights to any content, used by VS Softwareline LTD, including software, graphic images, photographs, animations, video, audio, music, written text as well as to other intellectual property are in the possession of VS Softwareline LTD and may be transferred only on the basis of licensing agreements.
2. Any violation of the above-mentioned rights is subject to legal prosecution.
3. You acknowledge that all right, title and interest in the Website and Mobile application all materials provided by VS Softwareline LTD in connection with the current Terms and Conditions, and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with VS Softwareline LTD (or third party suppliers, if applicable), and that the Platform and all materials provided by VS Softwareline LTD hereunder are licensed.
4. By signing this Agreement, you hereby agree to transfer all intellectual, exclusive, copyright and other rights to the results of your intellectual activity and equivalent means of identification provided to us by any way, including telecommunication channels, throughout all the period of validity of these rights, for us to use to all intents and purposes of the law in any country.
X. Restriction of use 1. In accordance of the Applicable legislation the use of the Services does not contravene any law. However, your local legislation may contain any provisions that may prohibit or restrict use of the services. In such case you are fully aware of your liability for any violation of the active legislation of your country, that restricts the use of the provided Services.
2. You shall never use the Website and Mobile application for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you shall not to:
(a) “frame”, “mirror” or otherwise incorporate the Website and Mobile application or any part thereof on any commercial or non-commercial website;
(b) access, monitor or copy any part of the Website and Mobile application using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(c) violate the restrictions in any robot exclusion headers on the Website and Mobile application or bypass or circumvent other measures employed to prevent or limit access to the Website and Mobile application;
(d) take any action that imposes, or may impose, in our own discretion, an unreasonable or disproportionately large load on the Website and Mobile application;
(e) deep-link to any portion of the Website and Mobile application for any purpose;
(f) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Website and Mobile application;
(g) modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Website and Mobile application, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Website and Mobile application;
(h) use the Website and Mobile application as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted by an applicable Agreement and only in the exact manner specified and enabled by therein;
(i) attempt to, assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Website and Mobile application;
(j) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Website and Mobile application;
(k) create derivative works based on the Website and Mobile application, in whole or in part, or to decompile, disassemble, reverse engineer or other exploit any part of the Website and Mobile application;
(l) use of access the Website and Mobile application in a manner that violates the rights (including, but not limited to intellectual property rights) of any third party; or
(m) upload to or transmit through the Website and Mobile application any information, images, text, data, media or other content that is offensive, pornographic, hateful, obscene, defamatory or violates any laws or regulations (including but not limited to criminal laws and FTC regulations), in each case as determined by VS Softwareline LTD in its sole discretion,
(n) post, upload, publish, submit or transmit any content that:
(i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(iii) is fraudulent, false, misleading or deceptive;
(iv) is defamatory, obscene, pornographic, vulgar or offensive;
(v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
(vii) promotes illegal or harmful activities or substances.
3.You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Website and Mobile application. You acknowledge that VS Softwareline LTD may exercise its rights (e.g. use, publish, delete) to use any Submissions without any notice to you.
4. VS Softwareline LTD reserves the right to suspend rendering of the services and ban you:
if ongoing use of the services may cause damage to VS Softwareline LTD and / or cause the failure of hardware and software of the VS Softwareline LTD of our partners; if you send, publish, transmit, reproduce, distribute in any way and use in any form the software and / or any other materials in whole or in part without prior owner consent; if your actions are aimed to send, publish, transmit, distribute any information or software that contains a virus or other harmful component; if your actions are aimed at sending advertising information (spam) without the consent of the receiver. in the case of distribution and / or publication of any information that violates the requirements of the applicable legislation, international law or violates the rights of third parties; in the case of advertising services, products and other materials, the distribution of which is restricted or prohibited by applicable law; use of non-existent return addresses when sending e-mails and other messages; if you transfer via computers or equipment of the third parties meaningless or useless information, creating unnecessary (spurious) load on these computers or equipment, as well as intermediate parts of the network, in amounts exceeding the minimum necessary to verify network connectivity and availability of its separate elements; if you scan the network nodes in order to identifying the identify an internal network structure, security vulnerabilities, lists of open ports and ect. without strictly expressed consent of the owner of the tested resource; if you perform any other activities not covered by the Agreement if such actions violate the rights and legitimate interests of third parties of applicable law. XI. Third Party Websites 1. The Website or Mobile application may provide links to third party websites. VS Softwareline LTD does not endorse the information contained on those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is beyond VS Softwareline LTD's control, and if you choose to access any such web site, you do so entirely at your own risk.
2. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement with such third-party service providers, and VS Softwareline LTD disclaims any liability for personally identifiable information that may be provided to it by such third-party service providers in violation of the privacy settings that you have set in such third-party accounts.
3. We may hire other companies to perform certain business related functions such as processing payments on our behalf. Our payment processing partner may request that you provide certain personal data (e.g., a valid government issued ID, your legal name, address, and data of birth) for the purpose of making payment through its financial institutions and complying with any laws and regulations. They may also communicate directly with you regarding any issues with a payment. Any information provided to our third party will be confidential and only be used for intended purposes.
XII. Term and Termination 1. We may terminate your access to and use of the services, at our sole discretion, at any time and without notice to you. You may cancel your using of the Website and Mobile application at any time by sending an email to us. Upon any termination all provisions of the current Terms and Conditions which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
XIII. Disclaimer 1. the Website and Mobile application are provided on "as is" basis without warranty or condition of any kind. Use of the Website and Mobile application is at your own risk. VS Softwareline LTD does not make any representations, warranties or conditions about the quality, accuracy, reliability, completeness, currency, or timeliness of the Website and Mobile application. the Website and Mobile application may include errors, omissions and inaccuracies, including, without limitation, pricing errors. VS Softwareline LTD does not assume any responsibility for any errors, omissions or inaccuracies in the Website and Mobile application. In addition, VS Softwareline LTD expressly reserves the right to correct any pricing errors on the Website and Mobile application.
2. To the fullest extent permitted by law, VS Softwareline LTD disclaims all warranties, representations and conditions of any kind with respect to the Website and Mobile application whether express, implied, statutory or collateral, including, without limitation, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement or that the Website and Mobile application are or will be error-free or will operate without interruption. In no event will VS Softwareline LTD be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any damages of any kind (including, without limitation, direct, indirect, incidental, consequential, special, exemplary or punitive damages, lost profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities), whether or not VS Softwareline LTD is advised of the possibility of such damages, resulting from or related to the use of, or the inability to make use of, the Website and Mobile application.
3. VS Softwareline LTD is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any businesses or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom and takes no responsibility whatsoever related to the Website and Mobile application.
4. The limitations above reflect the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
5. You and VS Softwareline LTD agree that any cause of action arising out of or related to the Agreement must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
XIV. Force majeure 1. VS Softwareline LTD is exempted from the liability for the failure to properly perform any of its obligations, if the failure was a result of the Force majeure. In such a case VS Softwareline LTD has the right to cancel or suspend the services.
2. Force majeure are external and extraordinary events that take place after the concluding of the Agreement, that prevent VS Softwareline LTD from fulfilling its obligations entirely and/or partially, while their occurrence could not have been foreseen and prevented.
3. The list of Force majeure events includes, but is not limited to:
hostilities (regardless of whether war is declared), civil war, rebellion, revolution, state of emergency; natural disasters( hurricanes, cyclones, earthquakes, tsunami, floods, ground subsidence, snowfalls) that are not seasonal events in this area; hardware or software malfunction, regardless of the agent performing maintenance of the equipment, causes of the malfunction or the location of this equipment, if the malfunction caused disorder in the normal functioning of the Website; explosions, fires, accidents, strikes in any forms; actions of local authorities, as well as acts of states and international organizations.
XV. Indemnification 1. You shall defend, indemnify and hold harmless VS Softwareline LTD and all of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of: (a) your breach of any of your warranties, representations or obligations under the current Terms and Conditions or any documents referenced herein; (b) your violation of any law or the rights of a third party; (c) your use of the Website and Mobile application; (d) breach of or failure to perform under agreement by you or by any third party acting on your behalf or with your permission
XVI. Errors 1. You shall report any errors connected with your use of the Website and Mobile application as soon as you found them. If there is such an error or any disorder in the normal functioning of the Website and Mobile application which resulted in any financial operations, we shall endeavor to restore status quo.
XVII. Assignment 1. VS Softwareline LTD may completely or partially transfer, assign or encumber the rights under the Agreement to a third party without your consent and prior notification, provided that the indicated actions shall not entail the detriment to your condition. You may not assign the rights and obligations under the Agreement to any third party.
XVIII. Governing Law 1. The current Terms and Conditions and any action related thereto shall be governed by the laws of Cyprus without regard to its conflict of laws provisions. These laws apply to your access to or use of the Website and Mobile application, notwithstanding your domicile, residency or physical location. the Website and Mobile application are intended for use only in jurisdictions where they may lawfully be offered for use. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of the courts located on Cyprus according to the territory jurisdiction of VS Softwareline LTD in all disputes arising out of or relating to the use of the Website and Mobile application.
XIX. Entire Agreement, Changes 1. The current Terms and Conditions constitute the entire agreement between VS Softwareline LTD and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and VS Softwareline LTD with respect to the Website and Mobile application.
2. If for any reason a court of competent jurisdiction finds any provision of the current Terms and Conditions invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the current Terms and Conditions will remain in full force and effect.
3. If any of the provisions contained in the current Terms and Conditions conflict with the terms of another agreement between the parties (such as the terms of a Campaign Agreement in respect of a Campaign), then these The current Terms and Conditions shall prevail.
5. We are continually improving and adding new functionality and features to the Website or/and Mobile application. These improvements (or changes in the law) may require changes to these Terms of Service. Accordingly, except where prohibited by applicable law, VS Softwareline LTD reserves the right to change the current Terms and Conditions at any time without prior notice. We will do so by posting an updated or modified version of these Terms of Service on this Website. Your use of this Site following any such change constitutes your agreement to comply with and be bound by these Terms of Service. For this reason, we encourage you to review these Terms of Service regularly. You may review these Terms of Service at any time by clicking on the button marked “Terms of Service” at the bottom of each page of this Site.
6. The new version of the Agreement comes into force upon the expiry of 2 days after the date it was published on the Website. If you disapprove of the new version of the Agreement you have the right to terminate your Agreement. If you continue to use the Services after the publication of the new version on the Website, you hereby express your consent to comply with it since the date of its publication.
7. You undertake to familiarize yourself with the Agreement and the amendments introduced to it every time before you use Services.
8. In case of discrepancies between the Terms and Conditions and any other document, comprising the Agreement, the Terms and Conditions shall prevail.