1. This Agreement is between you (the “User”) and Aloha Mobile Ltd. (“US, WE”);
2. This Agreement regulates your use of our software and/or our services provided to you including and new updates and/or upgrades that might be released from time to time by us;
3. What do some terms mean?
“User”: You who is either a natural or a legal person who orders and/or downloads our Software and/or starts using our services;
“Documentation”: This refers to our standard end-user technical documents, requirements, materials or any other information that comes with our software and/or our services;
“Services”: It means the various services that we deliver to our users and which our users can access, including but not limited to our VPN service, web browser and search engine services which is accessible through any medium or device currently known or which might be developed in the future;
“Software”: It means our proprietary software products (in object code format only) that we deliver to our Users (our VPN client included, and not only), together with any updates and/or upgrades that we will be making available. This does not include any Third-Party Software;
“Third-Party Software”: means the software of some third parties that we might deliver with our Software, which might include widgets of certain third parties and independent developers and not only;
“Use”: means to cause a computer system to execute any machine-executable portion of our Software in accordance with the Documentation or to make use of any Documentation or related materials in connection with the execution of any machine-executable portion of our Software;
4. License: Subject to these terms and conditions, we hereby grant you a limited, non-exclusive, not-transferable license to install and use our software and/or our services on your handheld device or on handheld devices within your organisation. Such a license cannot be sub-licensed by you.
5. License restrictions and third-party software:
5.1 You hereby undertake not to do and not to allow any third party to:
5.2 Third-Party software and/or services are subject to separate terms and conditions which can either be included with or are contained in the set-up or installation parts of such third-party software. Our license restrictions do not apply to any such third-party software as their own terms and conditions shall apply. We cannot and shall not be responsible for any third-party software.
6. Use of our services:
6.1 We give you access to a huge assortment of resources and services including communication tools, VPN services, web browsing services personalised content, and not only. These resources and services are accessible via various through its network of services, which may be accessed through any media or devices presently known or that might be developed in the future.
6.2 We reserve the right at any time and from time to time to alter, suspend or terminate either on a temporary or on a permanent basis any of our services (or part of). You hereby agree and acknowledge that we are not liable to you or to any third party for any alteration, suspension or termination of any of our services.
6.3 Without limitation of the foregoing Section 6.2, the following terms and conditions will apply for specific services:
6.3.1 VPN services: When this is enabled it will request normal web content via an Aloha Mobile's VPN server. Cloud will exclude webpages located on an intranet. The browsing experience may vary due to increased webpage loading speeds when using VPN services. We reserve the right to alter, limit the usage of or even charge for continued usage (subject to you opting in to being charged) or even cease the VPN service at any point in time. Additionally, we reserve the right to amend the terms of our VPN service, including making the use of the VPN service the subject of a separate agreement.
7. Proprietary rights: You hereby acknowledge and agree that our services and our software including our software’s sequence, structure, organization, source code and applicable documentation contains valuable trade secrets and other intellectual property belonging to us and to our suppliers. These proprietary rights are considered as confidential information, which are licensed for you to use but are not sold to you. No title or ownership to such software and/or services or intellectual property and/or proprietary rights embodied in our software or services or the intellectual property rights embodied within passes on to you or any third party as a result of this Agreement or any act pursuant to this Agreement. Our software and services and all intellectual and proprietary rights embedded therein are considered exclusive property belonging to us and to our suppliers. Any and all rights not expressly granted to you by virtue of this Agreement are reserved by us. We are the owners of all copies of our software. Nothing contained in this Agreement can be deemed to grant you either by implication, estoppel and/or otherwise any license to any of our currently existing and/or future patents, except insofar as necessary for you to use our software and/or services expressly permitted under the terms of this Agreement.
8.1 We will never share any personal data with any third party, unless legally obligated to do so.
8.2 We will never share any personal data, without prior informing you (in cases for example we will re-organize, merge or enter into any other similar arrangement).
8.3 You will be informed in a timely manner if any of the following force majeure events occur:
9. Term of the Agreement and Termination: The term of this Agreement commences upon you accepting to download our software and/or beginning to use our services, and unless terminated as stated in this Section 9, shall continue for an indefinite period. This Agreement will be considered as immediately terminated if you are in breach of the terms of this Agreement unless and if you can remedy the breach immediately after we provide you with a notice of the breach. When this Agreement is considered as terminated, you will need to immediately stop using our software and/or our services and where necessary, destroy or cause to have destroyed our software and any copies in your possession without delay. We reserve the right to ask you to certify to us in writing that such destruction has taken place. These cures are cumulative and can be taken in addition to any other cures and/or remedies that might be available to us to pursue. Sections 1, 5, 7, 8, 9, 10, 11, 12, 13, and 14 of this present agreement shall survive such termination.
10. Disclaimer as to Warranties: Our software and/or services are provided to you on an “as is” basis”. Pursuantly all warranties and/or conditions either expressed and/or implied and/or statutory, including but not limited to implied warranties as to title, non-infringement, merchantability, fit-for-purpose or use, accuracy or completeness, of satisfactory quality and quiet enjoyment, or any other warranties and/or conditions resulting from statute, operation of the rule of law, course of dealing with, usage of trade and/or otherwise are hereby disclaimed. Certain jurisdictions might not allow such limitation and/or exclusion of implied warranties, so the above may not apply to you. We do not warrant that use of our software and/or services will be without interruption or error or that that our software and/or services do not contain any viruses. This present warranty disclaimer constitutes an integral part of this Agreement between us. It would make it impossible for us to offer our product and/or services in the absence of such disclaimer. There are no representations and/or warranties made by any of our suppliers under this or by virtue of this Agreement.
11. Limitation of liability: We cannot be held liable whatsoever for any kind of special, incidental, consequential or indirect damages (including but not limited to damages for interruption of business, data loss, loss of profits and/or similar) irrespective of the form of action, be it in contract, tort (including but not limited to a claim of negligence), strict product liability and/or otherwise, even if you think that the claiming of such damages is possible. In any case, our cumulative liability arising out of or in relation to this Agreement shall in no event exceed the amount you paid to us in respect to the products and/or services used. In case no fees were paid, then any payment shall not exceed 50 EUROS. In no event will any of our suppliers have any liability towards you under this Agreement. This limitation of liability clause forms an integral part of this Agreement. We would not be able to offer our products and/or services in the absence of such limitation.
12. Notices: All notices required to be given under the terms of this Agreement will be as follows: (a) If to us, via e-mail to the following e-mail address: email@example.com. Such a notice will be considered as delivered as soon as it will be received by us; and (b) If to you, via e-mail to the address which you have provided to us prior to the initiation of the software download and/or the commencement of using our services. Such a notice will be considered as delivered upon either (i) 24 hours after sending or (ii) when you will be in actual receipt.
13. Injunctive relief. You hereby accept and acknowledge that our software and/or services contain valuable trade secrets, confidential information and proprietary information belonging to us. You further accept and acknowledge that any actual or threatened breach or violation of Section 4 and/or 5 of this Agreement shall cause immediate and irreversible harm and damage to us for which monetary compensation might not be an adequate remedy, and that therefore we might seek injunctive relief as an appropriate remedy for any such breach or violation.
14. General: You hereby accept and acknowledge that our products and/or services may contain cryptographic functionality. The export of such is restricted under applicable export control laws. You hereby agree to comply with all applicable laws, rules and regulations during your activities covered by this Agreement. You should not export and/or re-export our products and/or services in violation of such laws, rules and regulations without prior obtaining all necessary licenses and authorizations. This Agreement will be governed by the laws of the Republic of Cyprus without giving effect to any conflicts of law principles that may require the application of the laws of a different country. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall not be affected or impaired thereby. You may not assign or transfer this Agreement without our prior written consent. Any such assignment without our prior written consent shall be null and void.
15. User Experience Improvement Program – the “UX Improvement Program”: To enable us to improve your experience, we will collect some data via our browser. This is purely for product optimization purposes. No personally identifiable data will be collected. By analysing collected data, we can then improve performance and optimize security.
Some examples of improvements are:
You can either opt-in or opt-out to the UX Improvement Program.
To either opt-in or opt-out go to: Account->Send Error Reports
Enjoy the experience!