TERMS OF SERVICE

This “Nettiker terms of service” document (“Terms of Service”) sets out the terms and conditions for using the VPN services (“Services” or “Subscriptions”) provided by Nettiker OÜ (“Nettiker”). These Terms also govern the use of and access to Nettiker content (“Content”), which includes the Nettiker website (“Website”), billing system (“User Cabinet”), applications (“Applications”) and any software software provided by Nettiker (“Software”).

By agreeing to these Terms of Service, you also agree to the Privacy Policy.

Please read these terms of service carefully! They provide key information about your legal rights and obligations, future changes to the terms, automatic renewals, and limitations of liability.

These Terms of Service govern your access to and use of all Nettiker Services. This is a binding agreement. If you do not agree to all the terms of use, do not access our Website or User Account, and do not use the Services we provide. By visiting or using the Website and User Account, you automatically agree to be bound by the terms of service.

We may change these Terms from time to time. We post a notice on the Nettiker website whenever these Terms of Service are changed or updated. The most current version of the Terms will have the mark of the last update, which is shown on the Nettiker Website at the top of the current page. Additionally, you will be notified by a letter to your e-mail address specified when ordering our Services (registration in the system is required). It is your responsibility to review these Terms of Service periodically, but if at any time you find these Terms of Service unacceptable, you will have to immediately cease all use of our Services.

Your use of the Services we provide is at your own risk. Services may be changed, updated, interrupted or suspended at any time without prior notice or liability. We do not accept any responsibility for any harm or other adverse consequences for you caused by this. Nettiker, its owners, employees, partners, and others associated with the Services shall not be liable in any way or form for any damages of any kind, whether caused or intentional, resulting from the use of any account registered in the Services.

When you agree to use our Services, which include, but are not limited to: the use of our and partner servers, routers, IP addresses, protocols, add-ons, Software, Applications, extensions and other equipment, and any updates to them, you agree to accept these Terms.

Services provided and payment

In order to use any of our Services, you should create an account in the User Cabinet. An account in the User Cabinet will be created only upon receipt of payment for the ordered Services and on the basis of personal data voluntarily provided by you (email address, name, login and country). Creating an account in the User Cabinet without placing an order for at least one Service is not possible.

Please note that you are solely, personally responsible for any use or activity in your account, including use of the account by any person with or without your permission, or who has access to any computer, mobile or tablet where your account is located.

You are responsible for maintaining the confidentiality of the username and password for your Nettiker account and for restricting access to this account. You have to not share your password or other User Account access information with any other party, either temporarily or permanently, and you agree to accept responsibility for all activities that occur under your account and password, regardless of the circumstances. You agree to notify us immediately of any unauthorized use of your account, username or password.

By subscribing to our Services, you agree to become a Subscriber for the period and type of Services you choose. A complete list of current tariff plans and prices is available on the Website. Nettiker reserves the right to change the subscription price or introduce new fees at any time upon prior notice posted on the Website or sent by email. Any price changes will not affect the Subscriber's current subscription period and will take effect only upon renewal of the subscription. Subscription purchases and refunds are processed by several third party payment partners. For more information about these third party payment companies and how they process your data, please visit the company's Privacy Policy page.

To avoid confusion between the user and Nettiker, automatic debit payments for the Services are disabled by default. You can personally activate automatic debit payments for your chosen payment method in the User's Cabinet. By default, the renewal period is equal to the billing period for the original subscription. Automatic debit can be activated when you use a payment method that supports automatic debit (credit card or PayPal). In the case of using payment methods that do not support automatic debiting (cryptocurrencies), activation of automatic debit payments in the User Cabinet is not available.

Our company does not provide free trial (test) versions of the Services. In the event of a justified refusal to use the Nettiker Services, the company will refund the funds to you in accordance with the procedure specified in the “Refund Policy” section of this agreement. Each paid subscription provides you with one (1) license to use on ten (10) different devices at the same time.

Any fees charged by us do not include taxes. However, we may calculate and add any taxes and/or surcharges, including sales tax, value added tax and other taxes or fees in accordance with the laws applicable to you. Such taxes and fees will be calculated in accordance with the billing information provided by You to Nettiker at the time of your subscription to the Services. You will be notified about such additional fees in the User Cabinet at the stage of payment for the Services.

License terms

Subject to Your compliance with these Terms, Nettiker grants You a non-exclusive and limited license to download and use the Software under a partnership agreement with the copyright holder. Modification, distribution to unauthorized persons, reverse engineering or other use of the Software in any manner not expressly authorized by Nettiker and the copyright holder is strictly prohibited.

The use of any material that is subject to Nettiker's intellectual property rights is prohibited unless Nettiker provides you with express written consent.

Refund Policy

You may cancel your subscription to the Services within 30 days (inclusive) from the date of the original purchase if the period of the ordered Service exceeds 30 days (6 and 12 month subscriptions). If the subscription to the Services is 30 days (1 month subscription) - the subscription is canceled and the funds are refunded within 14 days (inclusive). You are guaranteed to receive a full refund of the amount paid (the "Money Back Guarantee") if you comply with these terms and conditions.

Refunds after the 30-day purchase period will be considered in exceptional circumstances and at Nettiker's sole discretion if the Subscriber can demonstrate that the Service was unavailable or could not be used during the subscription period, and reasonable efforts were made by the user to contact Nettiker for resolving the issue. In such event, Nettiker may provide the Subscriber with a prorated refund of the Service Fees paid for the period the Service was unavailable for use.

Returns are processed within seven (7) days and will be made using the original form of payment used for the purchase. All refunds are sent in Euro currency, so the amount of the refund may differ from the amount originally paid in local currency due to the difference in bid/ask rates (conversion rates).

Any change to the original purchase, such as an upgrade of the Services term or the purchase of additional licenses for the same account, will void the Money Back Guarantee option. To request a refund under the Money Back Guarantee, send an email with a request to the following email address: accounting@nettiker.com, or open a ticket in the User Cabinet to the financial department.

You may only receive a one-time refund for our Services. If you subsequently purchase (pay for) any of our Services again, you will not be refunded for any further cancellations. We do not refund recurring subscription payments if You cancel the Services after renewal, unless otherwise provided by applicable law. No refunds will be considered for accounts closed for violation of these Terms. Once you receive a refund, you will automatically lose access to the Services.

Please note that our company does not issue a refund when paying for the Services with cryptocurrency.

Acceptable Use Policy

Your access to and use of the Nettiker Services is subject to these Terms and all applicable laws and regulations. We reserve the right, at any time, in our sole discretion, with or without notice, to unilaterally deactivate accounts and block access to the Services for any user who violates any applicable law or these Terms without a refund for Services already paid for if you are abusing the Services.

By using our Services, you agree NOT to:

  • use, assist, encourage or allow others to use the Services for any criminal or fraudulent activity, including port scanning, spamming, scanning for open relays or open proxy servers, sending email or any version or type of email in huge quantities without the consent of the recipient, even if the email is routed through third party servers, any launch of pop-ups, use of stolen credit cards, credit card fraud, financial fraud, cryptocurrency fraud, disguise, extortion, blackmail, kidnapping, rape, murder, selling stolen credit cards, selling stolen goods, offering or selling illegal or dual-use items, offering or selling controlled substances, identity theft, hacking, pharming, phishing, web scraping, digital piracy, and other similar activities in any form and any scale;
  • attack, interfere with, gain unauthorized access, conduct DDoS attacks in any way on any other network, computer or host through our Services;
  • exploit children in any way, including audio, video, photographs, digital content, etc.;
  • violate or misappropriate the intellectual property, privacy or other legal rights of others;
  • share anything that is illegal, offensive, harassing or otherwise objectionable;
  • transmit any viruses or other computer instructions or technology that disrupts, damages or interferes with the use of computers or related systems;
  • make attempts to bypass any technological and technical systems implemented by Nettiker;
  • interfere with or disrupt the integrity or performance of the Service;
  • take any action that imposes or may impose an unreasonable or disproportionately large load on our technical infrastructure;
  • sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way;
  • use any robot, spider, web scraper or other automated means to access our website or Services for any purpose without our prior written permission;
  • create a product using similar ideas, features, functions or graphics of the Service, or copy any ideas, features, functions or graphics of the Services;
  • state that you are a representative or agent of any of the Services, including any of their features and additions;
  • threaten, harass, harm or chase others, promote intolerance and discrimination;
  • attempt to gain unauthorized access to the Services, user accounts, computer systems or networks connected to the Services through hacking, password guessing, brute force or any other means;
  • violate general ethical or moral norms, norms of good customs and conscientious behavior;
  • use the Services for any purpose other than lawful;
  • use the Services for any military purposes, including cyber warfare, weapons development, design, manufacture or production of missiles, nuclear, chemical or biological weapons
  • attempt to otherwise violate or circumvent these Terms.

You access and use the Services in your country on your own initiative. You are solely responsible for complying with local laws and regulations, to the extent that such laws are applicable. We reserve the right, in our sole discretion, to limit the availability of the Services, or any portion thereof, to any person, geographic region, or jurisdiction at any time.

We kindly ask you to notify us of any violation of these Terms by any Nettiker user if you discover any. These actions on your part will allow us to significantly improve the quality and reliability of the service. In the event of such violations, we will promptly take appropriate action against the violator of these Terms of Agreement.

Third party websites

Nettiker may provide you with content or links to third party websites owned by Third Parties that are not maintained by or directly affiliated with Nettiker. Nettiker is not responsible for the availability and type of information presented there as these websites are not under the control or supervision of Nettiker and may have different terms of use, rules and policies. We do not warrant that the content of any linked sites is accurate or in accordance with local, state or federal law, including any intellectual property laws. Your access through our Services to any website, service or content provided by Third Parties does not indicate any relationship between Nettiker and such Third Parties. Your use of any linked site is at your own risk, and you automatically assume all liability and consequences arising from such use.

Use of services by minors

The Services provided by Nettiker are not intended for use by minors, and any interaction with the Content and Services by minors must be done only with the direction, supervision and consent of their parents or guardians. In addition, we rely entirely on parents and guardians to ensure that minors only use the Services if they understand their rights and responsibilities as set out in these Terms of Use and our Privacy Policy.

Consistent with applicable law, Nettiker does not knowingly collect personal information from minors without parental consent. If we become aware that we have inadvertently obtained information upon violation of applicable laws prohibiting the collection of information from children without such consent, we will promptly delete it.

Disclaimer and Limitation of Liability

Nettiker makes every reasonable effort to prevent interruptions to the Website and the Services we provide. It must be understood that complex Software, whether partner's or ours, is never 100% free from defects and bugs. We make no warranty that the Services will fully meet your requirements or that they will be guaranteed to be uninterrupted, timely, secure or error-free, or that defects, if any, will be fixed as such or fixed on time. VPN Service coverage, speed, server locations and quality of the Service may vary by region or country. Nettiker makes every effort to make the Service available at any time, in any region or country. However, the Service may not be available due to various factors beyond our control, including emergencies, third-party service failures, partner equipment failures, data transmission problems or limitations, communication service or network equipment failures, interference or low signal strength and may be interrupted, rejected, limited or reduced at any time. We are not responsible for data, messages or pages lost, undelivered, delayed or misdirected due to failures or performance problems of the Service, communication services or networks. Our Services may be unavailable from time to time due to human, digital, mechanical, telecommunications, software or other failures. We cannot predict or control the timing of such downtime and cannot control its duration. We may impose usage or Service restrictions, suspend the Service, terminate VPN accounts, or block certain uses in our sole discretion to protect Subscribers or the Services. Nettiker reserves the right to investigate what we believe to be a violation of these Terms of Use. We may, but are not obligated to, in our sole discretion and without noticing to remove, block, filter or restrict by any means any material or information that we believe to be an actual or potential violation of the restrictions set forth in these Terms of Use and any other action that may expose Nettiker or our customers to liability. These rights include the right to close your account or take any other legal action required by law. Nettiker disclaims any liability for our failure to prevent such materials or information from being transmitted through our Service to your computing device of any make or brand.

To the maximum extent permitted by applicable law, Nettiker shall have no liability to any Subscriber or other person for any loss or damage you incur in the event of:

  • any failure or interruption of the Website or Service;
  • any act or omission by any Third Party in connection with granting you access to the Website, or the Service, or the data contained therein;
  • any other reason relating to your access to or use of, or inability to access or use, any part of the Website or its Content;
  • Your interaction on the Website or Service;
  • Your failure to comply with this agreement;
  • purchasing replacement goods or services;
  • unauthorized access to or alteration of your data, whether or not the circumstances giving rise to such cause were under the control of Nettiker or any vendor or partner providing software, services or support for the Site or Service.

Under no circumstances shall Nettiker, its partners, affiliates, subsidiaries, members, officers or employees be liable for any direct, special, consequential or incidental damages or for any other loss or damage of any kind, even if they have been warned of such a possibility. The foregoing does not apply to the extent that it is prohibited by applicable law.

There are always inherent risks associated with the use, transmission or retrieval of any data and/or content on the Internet, and we strongly encourage you to ensure that you understand and accept these risks before using our Services.

Damages

You agree to indemnify, defend and hold harmless Nettiker, its officers, directors, employees, members, partners, licensees, agents and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners and agents from any claims and expenses, including attorneys' fees, arising out of your use of the Website, our Services and/or Content, including your violation of these Terms of Use or your violation or violation by any other user of your account of any intellectual property or other right of any person or organization.

Class action waiver

To the extent permitted by applicable law, class actions, class arbitrations, private attorney general actions, and any other proceedings in which someone is acting as a representative are not permitted. Unless you and Nettiker agree, no arbitrator or judge may combine the claims of more than one person or otherwise preside over any form of representative or class action.

Conditions and methods of communication

You agree to receive communications from us electronically, such as via email, App messages, etc., and agree that such communications satisfy any legal requirement for communication in writing. You agree that we may notify you about changes or additions to the Services, about any of our products or Services, or for other purposes that are reasonable and in accordance with applicable law.

When communicating with our support team, you agree to be respectful and kind. If we believe that your behavior towards any of our customer service representatives or other employees is threatening or offensive, we reserve the right to terminate your account immediately.

If you have any problems or questions regarding the Nettiker Services, you can always contact us at support@nettiker.com , as well as using the ticket system in the User Cabinet. In addition, if you are EU resident, you have the right to resolve any dispute with Nettiker through the European Commission's Internet-based online dispute resolution platform, which can be found at https://ec.europa.eu/consumers/odr/ . Our email address for submissions on this platform is law@nettiker.com (Legal Department).