END USER LICENSE AGREEMENT

Last Updated: Sep 30, 2020

This End User License Agreement (this “EULA”) is a binding legal agreement between you and iTop Inc.. Please read the term of this End User License Agreement carefully before continuing with the download and installation of the Software.

By downloading, installing, or using this application for Windows,Android, iOS or any other platform in which it is made available (the “Software”), you agree to be bound by the terms of this EULA.

If you do not agree to this EULA, do not continue to sign-up,therefore agreeing to be bound by this EULA and do not use theSoftware. You agree that the installation or use of the Software signifie that you have read, understood, and agree to be bound by this EULA.

Basic Rules

1. You can use the Software only for personal purposes (you may not use them for commercial purposes). You must not use the Software for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Software and your Content (defined below), including but not limited to, copyright laws. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials that you submit, post, or display on or via the Software.

2. You must not interfere or disrupt the service or servers or networks connected to the Software, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature, or access iTop Inc.'s private API by any means other than in compliance with rules we set on API access.

3. You are not allowed to resell or charge others for use of or access to the Software, or duplicate, reproduce, transfer, give access to, copy or distribute any part of the Software in any medium without iTop Inc.'s prior written authorization.

4. Violation of the Agreement may, in iTop Inc.'s sole discretion, result in a ban of iTop Inc. usage. You understand and agree that iTop Inc. cannot and will not be responsible for the Content stylize on the Software and you use the Software at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for iTop Inc., we can stop providing all or part of the Services to you.

Advertising

Some of the iTop Inc. Services are supported by advertising revenue and may display advertisements and promotions. You agree that iTop Inc. may place advertising and promotions on, about, or in conjunction with your Content. The manner, mode, and extent of such advertising and promotions are subject to change without notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

Privacy

iTop Inc. may collect and use information concerning your use of iTop Inc. Apps as set forth in its PrivacyPolicy.

We will not rent, reveal or sell all your information to third parties outside iTop Inc. (or the group of companies of which iTop Inc. is a part) and its controlled subsidiaries and affiliates without your consent.

License Grant and Account Usage

iTop Inc. grants you a non-exclusive, non-transferable right to use the service. You shall not modify, distribute, sublicense or by any mean commercially exploit or make available to any third parties the Services in any way. iTop Inc. reserves all rights that are not expressly granted to you.

We also use a tool called “Google Analytics” to collect information about your use of the Site. Google’s ability to use and share information collected by Google Analytics about your visits to this Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

You agree to keep your iTop VPN account information confidential. You are responsible all actions that occur on our servers where the login uses your user ID and password. You are advised to contact iTop Inc. If you discover or suspect that your account information has been compromised immediately.

When using iTop Inc. 'Service, you agree not to:

  • Send unsolicited contents (i.e., “spam”) in any form over the Service.
  • Send contents that contain illegal, abusive, hateful, threatening, obscene materials; or intellectual property infringement and privacy invasion.
  • Distribute, reproduce, upload, download or post any copyrighted contents before obtaining authorization or permission from the owner of the proprietary material.
  • Distribute, reproduce, upload, download or post any contents that contain explicit or sexual depictions of minors.
  • Attempt to gain unauthori zed access to the Service or its related systems or networks (i.e., any form of “hacking”).
  • Engage in any conducts that inhibit or restrict any other users from enjoying or using the Services, which include but not limited to unfair usage of the network (i.e., Utilizing substantially excessive bandwidth that exceeds the average user bandwidth usage for an extended duration or like manners that exert an excessive load on the network that may cause disturbance to other users on the network).
  • *In order to protect account security and prevent password leaks and theft, iTop VPN Pro accounts are for personal use only, leasing to others is not allowed. If we find the above incorrect use of iTop VPN Pro account, we might choose to limit the number of login devices or prohibit the use of these accounts and delete related information, and will not refund any fees for this.

iTop Inc. reserves the right to take appropriate action when the Service is being used contrary to these Terms and applicable laws, which including termination of your account and the Service without providing a refund and notice.

Disclaimer of Warranties

THE SERVICE, INCLUDING, WITHOUT LIMITATION, ITOP INC. CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER ITOP INC. NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE ITOP INC. PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE ITOP INC. CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO ITOP INC. OR VIA THE SERVICE. IN ADDITION, THE ITOP INC. PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE ITOP INC. PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE ITOP INC. PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE ITOP INC. PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE ITOP INC. PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

THE ITOP INC. PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ITOP INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ITOP INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL ITOP INC.'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT OF ACTUAL PRICE PAID BY YOU TO ITOP INC. FOR THE SOFTWARE. THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Modification or Termination

The terms of this Agreement may be updated at any time by iTop Inc., with or without prior notice, including but not limited to changing the functionality or appearance of the Software, or changing the license scope, other terms of the Agreement, or iTop Inc. Services. If there are changes to the Agreement, iTop Inc. will publish the modified content on its website (https://www.itopvpn.com/eula.php). Once the revised version of the Agreement is published on the web, it is immediately effective and replaces the original. If you do no agree with the Agreement or any subsequent amendments, you may choose terminating your use of the Software or Services; if you choose to continue using the Software or Services, it is assumed that you fully accepted the terms and its amendments.

Reporting Violations

If you become aware of any misuse of the iTop Inc. services or any violation of the Terms, Privacy Policy, or Additional Terms, please contact us to report such misuse and/or violation.

公式SNS

Should you have any questions concerning this notice, or if you desire to contact us for any reason, please contact us.

Claims Resolution

Most customer concerns can be resolved through iTop Inc.’s online support center (available at https://www.itopvpn.com/support). In the event that iTop Inc. is unable to resolve a complaint to your satisfaction, this section explains how claims can be resolved through mediation, arbitration or litigation. It includes an arbitration provision. For this section, the words “you” and “iTop Inc.” include any corporate parents, subsidiaries, affiliates or related persons or entities. The word “claim” means any current or future claim, dispute or controversy relating to the Product, this Agreement, and this Claims Resolution provision, except for the validity, enforceability or scope of the Arbitration provision. The word “claim” also includes but is not limited to: (i) initial claims, counter-claims, cross-claims and third-party claims; (ii) claims based upon contract, tort, fraud, statute, regulation, common la and equity; (iii) claims by or against any third-party using or providing any product, service or benefit in connection with Agreement; and (iv) claims that arise from or relate to advertisements, promotions or oral or written statements related to the Product. You or iTop Inc. may not sell, assign or transfer a claim.

Sending a Claim Notice

Before beginning a lawsuit, mediation or arbitration, you and iTop Inc. agree to send a written notice (a claim notice) to each party against whom a claim is asserted, in order to provide an opportunity to resolve the claim informally or through mediation. The claim notice must describe the claim and state the specific relief demanded.

Notice to iTop Inc. must include your name, address, the name of the Product at issue, the date of download or purchase of the Product, the email address you previously provided to us, if any. The notice must be sent to feedback@itopvpn.com. If the claim proceeds to arbitration, the amount of any relief demanded in a claim notice will not be disclosed to the arbitrator until after the arbitrator rules.

Mediation

In mediation, a neutral mediator helps parties resolve a claim. The mediator does not decide the claim but helps the parties reach agreement.

Before beginning mediation, you or iTop Inc. must first send a claim notice. If you live within the United States, within thirty days after sending or receiving a claim notice, you or iTop Inc. may submit the claim to JAMS (jamsadr.com), the American Arbitration Association (“AAA”) (adr.org), or another mutually agreed upon mediator, for mediation. If you live outside of the United States, you may contact iTop Inc. for information on potential mediators. iTop Inc. will pay the fees of the mediator.

All mediation-related communications are confidential, inadmissible in court and not subject to discovery. All applicable statutes of limitation will be tolled until termination of the mediation.

Either you or iTop Inc. may terminate the mediation at any time. The submission or failure to submit a claim to mediation will not affect your or iTop Inc.’s rights under this Claim Resolution provision.

Arbitration

If you live in the United States, you or iTop Inc. may elect to resolve any claim by individual arbitration. If you do not live in the United States, this arbitration subsection does not apply to you. In individual arbitration, claims are decided by a neutral arbitrator.

Before beginning mediation, you or iTop Inc. must first send a claim notice. If you live within the United States, within thirty days after sending or receiving a claim notice, you or iTop Inc. may submit the claim to JAMS (jamsadr.com), the American Arbitration Association (“AAA”) (adr.org), or another mutually agreed upon mediator, for mediation. If you live outside of the United States, you may contact iTop Inc. for information on potential mediators. iTop Inc. will pay the fees of the mediator.

Initiating Arbitration

Before beginning arbitration, you or iTop Inc. must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Arbitration provision. If iTop Inc. choose the organization, you may select the other within thirty days after receiving notice of iTop Inc's selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and iTop Inc. agree in writing or to an arbitrator appointed pursuant to section 6 of the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the “FAA”).

You or iTop Inc. may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or iTop Inc. may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. iTop Inc. will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court.

Limitations on Arbitration

If either party elects to resolve a claim by arbitration, that claim will be arbitrated on an individual basis. There will be no right or authority for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other licensees or other persons similarly situated.

The arbitrator's authority is limited to claims between you and iTop Inc. alone. Claims may not be joined or consolidated unless you and iTop Inc. agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply.

Arbitration Procedures

This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations and privileges. The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to th Limitations on Arbitration, the arbitrator may otherwise award any relief available in court. The arbitration will be confidential, but you may notify any government authority of your claim.

If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic hearing, or by an in-person hearing. At any party's request, the arbitrator will provide a brief written explanation of the award. The arbitrator's award will be final and binding, except for any right of appeal provided by the FAA; however, any party will have thirty days to appeal the award by notifying the arbitration organization and all parties in writing. The organization will appoint a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to by any party. Judgment upon any award may be entered in any court having jurisdiction.

At your election, any in-person arbitration hearings will take place in the federal judicial district of your residence.

Arbitration Fees and Costs

You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in a court of general jurisdiction. iTop Inc.

will be responsible for any additional arbitration fees. At your written request, iTop Inc. will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause.

Arbitration Awards

If the arbitrator rules in your favor for an amount greater than any final offer iTop Inc. made before arbitration, the arbitrator's award will include: (i) any money to which you are entitled, but in no case less than $2,000; and (ii) any reasonable attorneys’ fees and costs.

Your Right To Reject Arbitration

You may reject this Arbitration provision by sending a rejection notice to iTop Inc. at: feedback@itopvpn.com. Your rejection notice must be sent within 30 days after your first download or purchase of the Product. Your rejection notice must state that you reject the Arbitration provision and must include your name, address, the date of download or purchase of the Product, the name of the Product, the email address you previously provided to iTop Inc., if any, and the license code iTop Inc. provided to you, if any. If your rejection notice complies with these requirements, this Arbitration provision will not apply to you, except for any claims subject to pending litigation or arbitration at the time you send your rejection notice. Rejection of this Arbitration provision will not affect your other rights or responsibilities under this Agreement. Rejecting this Arbitration provision will not affect your ability to use the Product.

Continuation

This Claims Resolution provision will survive termination of this Agreement or your license to use the Product. If any portion of this Claims Resolution provision, except as otherwise provided in the Limitations on Arbitration provisions above, is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Claims Resolution provision.

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