As provided in greater detail in this Agreement (and without limiting the express language of this Agreement), you acknowledge the following:
- the Service is licensed, not sold to you, and you may use the Service only as set forth in this Agreement;
- the use of the Service may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator’s or Internet provider’s terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
- we provide the LionVPN Software to you on an “as is” basis without warranties of any kind and LionVPN’s liability to you is limited;
- disputes arising between you and LionVPN will be resolved by binding arbitration. By accepting this Agreement, as provided in greater detail in Section 15 below, you and LionVPN are each waiving the right to a trial by jury or to participate in a class action; and if you post any User Content that is prohibited by this Agreement, then we may—but have no obligation to—take any remedial action that we, in our sole discretion, deem necessary and/or appropriate under the circumstances, such as, without limitation, suspending or terminating your account, removing your User Content, and/or reporting you to law enforcement authorities, either directly or indirectly.
The Service. LionVPN provides the Service by establishing a secure Virtual Private Network (“VPN”) connection when connecting to the Internet. The Service’s VPN utilizes a proxy Internet Protocol (“IP”) address (a “Proxy IP Address”)
Modification of this Agreement. LionVPN reserves the right, at our discretion, to make non-material changes to this Agreement at any time. Please check this Agreement and any guidelines notified to you by LionVPN periodically for changes. In the event that a change to this Agreement materially modifies your rights or obligations, we will make reasonable efforts to notify you at least 30 days in advance of the effective date of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to pay for the LionVPN Software Paid Service, or through other reasonable means. If you do not agree to the changed Agreement you must discontinue your use of the Service. If you are a user of the LionVPN Software Paid Service and you elect to discontinue use of the Service due to a material change in this Agreement, we will provide you with a refund as described in Section 9 below. All other changes are effective upon publication of the changed Agreement.
- User Content Generally. Certain features of the Service, such as the LionVPN Software Help Desk, may permit users to post content, including messages, reviews, data, text, and other materials (collectively, “User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.
- Limited License Grant to LionVPN. By posting or publishing User Content, you grant LionVPN a worldwide, non-exclusive, royalty-free, perpetual, irrevocable right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed) without any compensation paid to you.
- User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that: (A) You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize LionVPN and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 4 and in the manner contemplated by LionVPN and this Agreement; and (B) your User Content, and the use thereof as contemplated herein, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, or libel any third party.
- User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users of the Service post or publish, and will not be in any way responsible or liable for User Content. LionVPN may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates this Agreement or is otherwise objectionable. You understand that when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against LionVPN with respect to User Content. To the fullest extent permitted by law, we expressly disclaim any and all liability in connection with User Content. If notified by a user of the Service or content owner that User Content allegedly does not conform to this Agreement, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, LionVPN does not permit copyright-infringing activities on the Service.
The LionVPN Software
- LionVPN Software License. The Service, including the LionVPN Software, is licensed, not sold, to you. Subject to the terms and conditions set forth in this Agreement, LionVPN grants you a limited, revocable, nonexclusive, personal, nontransferable license during the term of this Agreement to install and use one (1) copy of the provided version of the LionVPN Software in object code format, to access the Service for internal and personal purposes only, and on no more than five (5) Devices (as defined in Section 6.1 below). The LionVPN Software is “in use” on a Device for purposes of this paragraph when it is loaded into the temporary memory (e.g., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM or other storage device) of a Device.
- LionVPN Software License Restrictions. YOU MAY NOT (AND MAY NOT ALLOW A THIRD PARTY TO) RENT, LEASE, SUBLICENSE, SELL, ASSIGN, LOAN, USE FOR TIMESHARING OR SERVICE BUREAU PURPOSES OR OTHERWISE TRANSFER THE LionVPN SOFTWARE OR ANY OF YOUR RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT. You may not (and may not allow a third party to): (a) reverse engineer, decompile, disassemble or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the LionVPN Software by any means whatsoever, except to the extent that such restriction is expressly prohibited by applicable law; (b) remove or destroy any copyright notices or other proprietary markings; (c) attempt to circumvent any use restrictions; (d) modify or adapt the LionVPN Software, merge the LionVPN Software into another program or create derivative works based on the LionVPN Software; or (e) use, copy or distribute the LionVPN Software without LionVPN’s written authorization, except that you may make one (1) copy of the LionVPN Software for archival or backup purposes only.
- Content Restrictions. YOU MAY NOT (AND MAY NOT ALLOW A THIRD PARTY TO) COPY, REPRODUCE, CAPTURE, STORE, RETRANSMIT, DISTRIBUTE, OR BURN TO CD (OR ANY OTHER FORMAT) ANY COPYRIGHTED CONTENT THAT YOU ACCESS OR RECEIVE WHILE USING THE LionVPN SOFTWARE OR THE SERVICE. YOU ASSUME ALL RISK AND LIABILITY FOR ANY SUCH PROHIBITED USE OF COPYRIGHTED CONTENT.
- Recurring Payments for Paid Service using LionVPN Software. When you purchase a subscription to LionVPN’s Paid Service in connection with your use of the LionVPN Software, LionVPN will automatically renew your subscription to the Paid Service at the end of its initial term and at the end of each term thereafter. The renewal term will be for the same period of time as the initial term. This period of time is known as the Subscription Period.
- At the conclusion of each subscription term, you will automatically be billed for the LionVPN Paid Service for a renewal subscription term lasting a period of time equal to the Subscription Period. The LionVPN Paid Service fee is non-refundable except as expressly set forth in this Agreement. Taxes may apply on the subscription fee. You agree to pay for the subscription that you select for the Paid Service and you authorize us to automatically charge the payment method our service provider has on file for your recurring payments.
- If the payment mechanism (such as a credit card) we have on file for you is declined for payment of your Paid Service subscription fee, we may retry the payment mechanism at the same or lower rate. If we do not obtain payment, your Paid Service subscription will be canceled. If you provide us with a new form of payment and are successfully charged within 30 days after the renewal date, your new Paid Service subscription term will be based on the original renewal date and not the date of the successful charge. If your Paid Service is terminated, you may be entitled to a refund, subject to limitations provided in Section 9 of this Agreement.
- You are responsible to canceling your subscription regardless of whether you receive any notice from LionVPN about the renewal of that subscription. In the event that your payment mechanism expires prior to the renewal date of your subscription, you are responsible for updating a new payment mechanism in your LionVPN account before the renewal date of your subscription to the Paid Service. To the fullest extent permitted by law, LionVPN makes no representations or warranties about the continued availability of any particular form of payment method made available for use with the Service.
- UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR PAID SERVICE SUBSCRIPTION WILL AUTOMATICALLY RENEW PERIODICALLY AND YOU AUTHORIZE US TO COLLECT THE THEN-APPLICABLE PAID SERVICE SUBSCRIPTION FEE PLUS ANY APPLICABLE TAXES, USING ANY PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- LionVPN currently uses third-party payment processors for electronic commerce. Our third-party e-commerce payment processor accepts payments through methods detailed on the applicable payment screen, which may include various credit cards. By using such third-party payment processors, you agree to their terms and conditions of use. Such third parties may charge fees to process payments. We may, but are not required to, pay certain fees at our sole discretion. To the fullest extent permitted by law, LionVPN disclaims all liability with regard to any fees or problems you have with third-party payment processors.
Prohibited Conduct- BY USING THE LionVPN SOFTWARE OR THE SERVICE YOU AGREE NOT TO:
- use the LionVPN Software or the Service for any fraudulent, harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person;
- rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the Service, the LionVPN Software or any Materials (as defined in Section 10, below);
- delete the copyright or other proprietary rights on the LionVPN Software or the Service;
- use the LionVPN Software or the Service for any illegal purpose, or in violation of any local, state, national, or international law;
- use the Service or the LionVPN Software for any commercial use, it being understood that the LionVPN Software and the Service is for personal, non-commercial use only;
- use the LionVPN Software or the Service if you are not Eligible;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the LionVPN Software or the Service, features that prevent or restrict use or copying of the LionVPN Software, or features that enforce limitations on the use of the Service;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or the LionVPN Software or any part thereof, except to the extent that such restriction is expressly prohibited by applicable law;
Termination; Refunds; Terms of Service Violations
- Termination by LionVPN. For users of the free Service, You agree that LionVPN, in its sole discretion, for any or no reason, and without penalty, may terminate your use of the Service or the LionVPN Software at any time, and that LionVPN may also in its sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service may be effected without prior notice and you agree that LionVPN will not be liable to you or any third party for any such termination.
- For users of the Paid Service, You agree that LionVPN, in its sole discretion, for any or no reason, may terminate your use of the Service or the LionVPN Software at any time, and that LionVPN may also in its sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice. If such termination or discontinuation occurs during a period for which you are a paid subscriber to the Paid Service, You may be entitled to a pro-rated refund of your current subscription payment amount in connection with your use of the Paid Service. If your account is terminated due to your breach of this Agreement during the relevant cancelation period, you will not be eligible for a refund. All refunds are issued at LionVPN’s sole discretion and any request for refund may be denied for any or no reason. You agree that any termination of your access to the Service may be effected without prior notice and you agree that LionVPN will not be liable to you or any third party for any such termination beyond the refund described in this Section 9.1. If you have been terminated from the Paid Service and wish to request a refund, please email customer service at [email protected] and describe the circumstances relating to the termination or discontinuation of your use of the Service. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies LionVPN may have at law or in equity.
- Termination by You. You may terminate this Agreement at any time by discontinuing use of all parts of the Service and certifying in writing to LionVPN that all copies of the LionVPN Software have been destroyed or deleted from any of your Device or other storage devices.80. Ownership; Proprietary Rights. The LionVPN Software and the Service are owned and operated by LionVPN and its partners. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Service or the LionVPN Software provided by LionVPN (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the LionVPN Software or Service (excluding any Materials on third-party websites) are the property of LionVPN or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to LionVPN or its affiliates and/or third-party licensors. Except as expressly authorized by LionVPN, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. LionVPN reserves all rights not expressly granted in this Agreement.
Dispute Resolution and Arbitration
- Generally. In the interest of resolving disputes between you and LionVPN in the most expedient and cost effective manner, you and LionVPN agree that any and all disputes arising out of or relating in any way to this Agreement or your use of the Service shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND LionVPN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Arbitrator. Any arbitration between you and LionVPN will be conducted in English by a single arbitrator and will be governed by (i) the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), if you are a resident of the United States, or (ii) the Swiss Rules of International Arbitration of the Swiss Chambers' Arbitration Institution (“SCAI”) in force on the date on which the Notice is submitted, if you are not a resident of the United States, in each case as modified by this Agreement (in either case, the “Rules”), and will be administered by, respectively, the AAA in case (i) and the SCAI in case (ii). The Rules and filing forms are available online at, respectively, www.adr.org or 800-778- 7879 (for the AAA), or www.swissarbitration.org or 41 44 217 40 50 (for the SCAI), or by contacting LionVPN.
- Fees. In the event that you commence arbitration in accordance with this Agreement, LionVPN will reimburse you for your payment of the filing fee, unless your claim is for greater than US $10,000, in which case the payment of any fees shall be decided by the Rules. Any arbitration hearings will take place at a location to be agreed upon in Santa Clara County, California for United States residents, and at a location to be agreed upon in Zürich, Switzerland for all other persons, provided that if the claim is for US $10,000 or less, You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in the United States Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the Rules. In such case, you agree to reimburse LionVPN for all monies previously disbursed by it that are otherwise your obligation to pay under the Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- No class actions. YOU AND LionVPN 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 LionVPN 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.
- Waiver. The failure of LionVPN to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by LionVPN.
- Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LionVPN without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
- Time Limit for Claims. YOU AND LionVPN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE OR SOFTWARE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
IN-APP PURCHASE: You can be a premium user through an auto-renewing subscription.
- Payment will be charged to iTunes Account at confirmation of purchase
- Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
- Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal
- Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase
- Free cancellation within first 7 day of the subscription period