PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY USING THE SERVICE YOU ACKNOWLEDGE THAT YOU ARE ACCEPTING A BENEFIT BY USING THE SERVICE, AND THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT ALLOWED TO USE THE SERVICE.
Welcome to FlyFrog VPN!
Thanks for using our Website's products and services ("Services"). The Services are owned and operated by FlyFrog LLC, doing business as FlyFrog VPN™. FlyFrog VPN™ reserves the right to revise these Terms of Service as and when needed. The company will make every effort to alert its users about the change in these Terms, whenever they happen, by email message. However, the company cannot be held liable for it. Using the Services after changes become effective means that you agree to the new Terms. If you don’t agree to the new Terms, you must stop using the Services. If we do not hear from you within ten days, then the revised Terms will apply to you.
Helpful Definitions
References to the "Terms" and/or "Agreement," refer to Terms of Service as set forth herein
References to "us," "we," "our," and/or "the company," refer to FlyFrog VPN™.
References to "you," and/or "User," refer to the User of the Website and/or Services.
References to the "Services" refer to any and all services offered by us including, but not limited to, VPN services, software, mobile application and other services on offer under the brand name "FlyFrog VPN".
References to the "Website" refer to the websites bearing the URLs flyfrog.net, www.flyfrog.net and any other URLs that might be added to these terms in the future.
References to "Business" mean a business that utilizes our Services. You and your business will be collectively referred to as "you" in these Terms.
References to "Dispute" mean any claim, conflict, controversy, disagreement between the Parties arising out of, or related in any way to these Terms (or any Terms, supplement or amendment contemplated by these Terms,) including, but not limited to, any action in tort, contract or otherwise, at equity or at law, or any alleged breach, including, but not limited to, any matter with respect to the meaning, effect, validity, performance, termination, interpretation or enforcement of these Terms or any conditions contemplated by the Terms.
References to "Material Breach" refer to breach of these Terms in any way. If such an incident occurs, then FlyFrog VPN has the right to immediately terminate these Terms because of that breach.
References to "Billing Cycle" mean the payment of your account. The cycle involves your payment reaching us via a payment processor, the validity of your account, and also the day when your account will expire.
You Agree to
By using our Services, you are agreeing to these Terms and Conditions. Please read them carefully as they constitute the Terms and Conditions of a legally binding agreement between you and the company.
Using our Services, even after any change in Terms, will mean that you agree to these Terms. If you don't feel comfortable with agreeing to these Terms as they are, please stop using our Services, although we’ll be sorry to see you go.
When you agree to use our Services, Virtual Private Network ("VPN"), which includes, but is not limited to, the use of our servers, routers, IP addresses, protocols, add-ons, software, applications and other equipment, you authorize us to transmit information using our network, and you agree to accept the Terms with respect to your use of our VPN Services.
DESCRIPTION OF SERVICE
1) Please refer to Privacy Notice for contact details.
2) FlyFrog VPN is a privacy enhancing service which offers, in addition, a layer of anonimity as granted by the European Union legal framework and technological solutions.
3) FlyFrog VPN is a Virtual Private Network which encrypts the data sent and received on the Internet. Outgoing data are encrypted before leaving your computer, decrypted by one of FlyFrog VPN server and routed to the Internet. Incoming data are encrypted from one of FlyFrog VPN server and are decrypted only when they are inside your computer. Outgoing data packets do not contain your IP address when they are on the Internet, instead they have the IP address of one of FlyFrog VPN server.
3) FlyFrog VPN encrypts your Internet data when you are connected to one of the FlyFrog VPN servers. When you are not connected, FlyFrog VPN enhancing privacy and anonymization layer services are not active. All applications launched AFTER you connect to the VPN service will use the service - no configuration is needed.
4) FlyFrog VPN fully complies with the European Union directives which protect your privacy: Directive on Data Protection (95/46/EC) and Directive concerning the processing of personal data and the protection of privacy (2002/58/EC). Using the service implies that you have read and understood our Privacy Notice.
TERMS OF SERVICE
1) FlyFrog VPN secures your connections, not your computer. The service is not meant as an antivirus or antimalware tool.
2) BY USING THE FlyFrog VPN VPN SERVICE ("Service") YOU AGREE NOT TO:
1. use the Service to violate, in any way, directly or indirectly, the European Convention for Human Rights. If you live in a country with laws which permit such violations, you nevertheless agree to respect the aforementioned Convention.
2. use the Service to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person;
3. rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the Service without our prior written authorization;
4. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service or features that enforce limitations on the use of the Service;
5. intentionally interfere with or damage operation of the Service, by any means, including uploading or otherwise disseminating on the Internet spam, viruses, adware, spyware, worms, or other malicious code;
6. use the Service to compromise security of, or to obtain (or try to obtain) unauthorized access to any device or system in the Internet (such attempts include port scans);
7. use the Service with the direct or indirect purpose of inciting, aiding or abetting enforcement of copyright through means of any data collection and/or retention and/or any privacy violation.
3) TERMINATION OF SERVICE:
1. You agree that FlyFrog VPN operators, in their sole discretion, for any violation of the Terms of Service point 4), and without penalty, may terminate your use of the Service at any time. You agree that FlyFrog VPN operators will not be liable to you or any third party for any such termination.
2. You may terminate this Agreement at any time by discontinuing use of all parts of the Service. You agree that no reimbursement from FlyFrog VPN is due if you decide to terminate the Service before the natural expiration date, except under the cases in point 9.
4) If You choose to access web sites, services or content, or purchase products from third parties while using the Service, your personal information may become available to the third-party provider according to your decisions. FlyFrog VPN cannot prevent transmission of personal data and information when you actively decide to do so. 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 ours. FlyFrog VPN operators have no responsibility for third party provider policies, or their compliance with them.
5) FlyFrog VPN operators perform all the efforts at the best of their capacity and knowledge to ensure quality, reliability and security of the Service, as well as protection of its users. HOWEVER, YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, FlyFrog VPN AND ANY DATA AND INFORMATION, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITH NO ASSURANCES THAT THE SERVICE WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, BUGS, DISABLEMENTS OR OTHER CIRCUMVENTION. FlyFrog VPN, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
6) INDEMNIFICATION. You agree to indemnify, save, and hold FlyFrog VPN , its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your misuse of the Service, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. FlyFrog VPN reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify FlyFrog VPN, and You agree to cooperate with FlyFrog VPN 's defense of these claims. FlyFrog VPN will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
7) REIMBURSEMENTS. In case you are not satisfied with the commercial Service, once you have subscribed you have the right to obtain a full reimbursement, given that your request is sent within 3 commercial days from the subscription payment. FlyFrog VPN accepts only written refund requests sent to the addresses given in the Contacts. You have the right to request a reimbursement without giving explanations. The right to be refunded is invalid if You have violated the Terms of Service and/or if you send the request after having used the Service for more than 3 days and/or if you have used the Service for a global traffic volume exceeding 5 GigaBytes. FlyFrog VPN warrants a reimbursement within 30 days from receipt of reimbursement request.
8) Billing and Payment Information:
By subscribing to and paying for the Service you agree to become a subscriber for the period you have elected (such as 1, 6 or 12 months). There are two types of Subscriptions available for customers: Non-Auto Renewable and Auto Renewable.
The Non-Auto Renewable Subscriptions are billed once at the start of the Subscription with no future renewal or need for cancellation at the end of the Subscription period.
The Auto Renewable Subscriptions are an additional option for customers and they have an automatic renewal feature, billing you once your Subscription has expired, for one month.
The Subscription will appear as prolongated as soon as the payment has been processed. The cancellation of the Auto Renewal is made by pressing the appropriate button in customer's personal area or by contacting to our support service.
Each auto renewal payment may be canceled and refunded within 2 days by contacting our support service.
9) Delivery policy
Subscription is activated immediately after successfull payment.
10) LIMITATION OF LIABILITY: WHERE APPLICABLE BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL FlyFrog VPN OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE, OR ANY OTHER INTERACTIONS WITH FlyFrog VPN.
11) LIMITATION OF DAMAGE: IN NO EVENT WILL THE TOTAL LIABILITY OF FlyFrog VPN OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
12) SEVERABILITY: If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
13) GOVERNING LAW AND JURISDICTION. This Agreement will be governed by and construed in accordance with the Regulation 593/2008 of the European Parliament and of the Council of the European Union and under the jurisdiction of the European Court of Justice and the courts in Italy. You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any action.