Terms
of Service
These
terms of service (the “Terms”)
govern your access to and use of BelkaVPN services, therefore we
kindly ask you to carefully read them when visiting BelkaVPN website,
before you register, download, install and use the BelkaVPN services,
which include the BelkaVPN software, BelkaVPN mobile applications and
any services that BelkaVPN (“we,” “us,”
“our,” or “BelkaVPN”)
provides through our software, application or otherwise (all of which
collectively are referred as the “BelkaVPN Services”).
BelkaVPN is provided by Dici-App Ltd.
Please
note that the Terms constitute a binding legal agreement between you
and BelkaVPN. By visiting the website, registering for, installing
and/or using the BelkaVPN Services on any platform or device you
agree to be bound by these Terms. It is only under these Terms that
BelkaVPN allows visitors / users (the “users”) to use
BelkaVPN Services. If you do not agree to these Terms or any
provisions hereof, please do not install and do not use our software,
our mobile application and/or any of our products or services.
If
you are using the BelkaVPN Services on behalf of an organization, you
are agreeing to these Terms for that organization and acknowledging
that you have the authority to act on behalf of that organization and
commit to these Terms on behalf of that organization.
BelkaVPN
Services are transitory digital network communications services,
which enhance internet security and privacy. We do not condone any
unlawful use of the BelkaVPN Services. BelkaVPN Services shall not be
used for any criminal, illicit and illegal acts, and you accept and
agree not to violate any law of any jurisdiction that you are
originating from and any other applicable law. It is your (user’s)
responsibility to know and comprehend any and all relevant laws
related to any jurisdiction or venue that concerns you, your actions
and your use of BelkaVPN Services.
BelkaVPN
guarantees a strict
no-logs policy for
BelkaVPN services, meaning that your activities using BelkaVPN
Services are provided by automated technical process, are not
monitored, recorded, logged, stored or passed to any third party. We
do not store connection time stamps, session information, used
bandwidth, traffic logs, IP addresses or other communications data.
Only basic payment information is processed through our payment
processing partners.
By
using BelkaVPN Services, you agree to the whole BelkaVPN Terms of
Service including all said general provisions incorporated by
reference.
BelkaVPN
may modify the Terms from time to time. The Terms are binding from
the time that they are updated on our website. It is your
responsibility to check and read current Terms periodically. The
amendment of Terms may be communicated to you by sending an email
and/or by publishing the updated Terms on the BelkaVPN website.
If
you have questions or concerns regarding these Terms please contact
us at support@belkavpn.com.
Our
services
BelkaVPN
Services are transitory digital network communications services,
which enhance internet security and privacy. At your individual
request and at your sole discretion we automatically provide
unsupervised and non-monitored data conduit – virtual private
network (VPN) connection – for your exclusive use, at your own
risk and responsibility. You are solely and exclusively responsible
for the use of the BelkaVPN Services. BelkaVPN will not be liable in
any way or form for actions done by its users including criminal
liability and civil liability for harm executed or not executed.
BelkaVPN liability is further limited by other provisions of these
Terms.
We
grant you a permission to use the BelkaVPN Services subject to the
restrictions set forth in these Terms. Your use of the BelkaVPN
Services is at your own risk. The BelkaVPN Services may be modified,
updated, interrupted or suspended at any time without notice or
liability. We do not bear any liability for any harm or other adverse
consequences to you, caused by this. BelkaVPN, its owners, employees,
agents and others that are involved with the BelkaVPN services are
not in any way or form liable for any harm of any kind executed or
not executed, resulting from or arising through or from the use of
any account registered with BelkaVPN services.
BelkaVPN
allows a maximum of six simultaneous connections per account. That
includes proxy connections, and each of them counts as a separate
slot.
BelkaVPN
guarantees a 99.9% service uptime. In any event, BelkaVPN shall not
be liable for any loss, monetary or non-monetary harm beyond what the
client paid to BelkaVPN, and this shall not include attorney fees or
court costs irrespective of any laws or statutes that prescribe
otherwise.
BelkaVPN
collects and processes very limited user data. Further information
about user data processing is provided in the Privacy Policy and User
Data section of the Terms.
No-logs
policy
BelkaVPN
guarantees a strict no-logs policy for BelkaVPN Services, meaning
that your activities using BelkaVPN Services are provided by
automated technical process, are not monitored, recorded, logged,
stored or passed to any third party. We do not store connection time
stamps, session information, used bandwidth, traffic logs, IP
addresses or other data.
BelkaVPN
does not condone or endorse any unlawful, illicit, criminal or
fraudulent activities perpetrated by using the BelkaVPN Services.
Therefore, BelkaVPN reserves the right to suspend or terminate an
account in case any violation of the Terms of Service becomes
apparent. As BelkaVPN protects and respects customer privacy, it does
not log or track their activity in any way. However, in the
eventuality that BelkaVPN would find out about an offense outside of
those means (i.e., a customer would notify BelkaVPN of them having
done so), it would have the right to suspend or terminate the
account.
Intellectual
property rights
Subject
to the terms and conditions of these Terms, we grant you a limited,
non-exclusive, personal, non-transferable, non-sublicensable, license
to: (1) download and use a copy of the BelkaVPN software; and (2) use
the BelkaVPN Services, including, without limitation, the products
and services made available on or through the BelkaVPN software or
our website. No other right or license of any kind is granted to you
hereunder with respect to the BelkaVPN Services. The license provided
herein is effective until terminated. This license automatically
terminates if you fail to comply with these Terms.
The
BelkaVPN Services, including, but not limited to, the BelkaVPN
software, mobile application and all other items, are owned and
copyrighted by BelkaVPN, and are protected worldwide. We retain all
right, title and interest in and to the BelkaVPN Services and any
portion thereof, including, without limitation, all copyrights,
trademarks, service marks, trade secrets and other intellectual
property rights. You shall not take any action to jeopardize, limit
or interfere in any manner with our ownership of and rights with
respect to the BelkaVPN Services. All rights are reserved unless
otherwise noted.
Minors
BelkaVPN
Services may be used by persons aged at least 18 years old. You are
disallowed to connect and use the BelkaVPN Services if you are a
minor, a competitor of our business, if you have been or are
prohibited to access the BelkaVPN Services, or if your account has
been suspended or closed due to any reason.
Payments
BelkaVPN
Services are subscribed on a service period basis. You choose the
service period and the payment method yourself when you sign up for
the BelkaVPN Services.
Your
service will automatically be renewed and your chosen payment method
will be charged at the end of each service period, repeating the
length of the previous service period, unless you decide to cancel
your subscription for the BelkaVPN Services.
Refund
policy
If
you wish to claim a refund, you can do so within 30 days following
your purchase of BelkaVPN Service. We seek your full satisfaction
with our services. However, we would like to troubleshoot an issue
you experience first. There are common VPN service configuration
issues that may hinder BelkaVPN service for you and we resolve most
of user issues encountered.
Subscriptions
purchased via the iTunes/App Store are subject to iTunes/App Store
refund policies. This means we cannot grant refunds if you purchased
an app through iTunes/App Store – you will have to contact
store support for that. Payments made using prepaid cards or gift
cards will not be refunded. For payments made in cryptocurrency, the
equivalent amount in US Dollars will be refunded in the same
cryptocurrency (based on the rate of exchange at the moment of
refund).
You
have a right to cancel your account at any time. You can cancel a
recurring subscription from your website profile, iTunes/App Store or
Google Play Store. Cancelled accounts will not be refunded for the
unused part of the ongoing service period.
BelkaVPN
reserves the right to suspend or refuse service to anyone at any time
for any reason. No refunds will be considered for accounts terminated
for violation of these Terms.
Prohibited
and restricted uses
Your
access to and use of the BelkaVPN 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 terminate
the accounts of, and block access to the BelkaVPN Services to any
users who infringe any applicable laws or these Terms.
While
using the BelkaVPN Services you yourself agree not to, and agree not
assist, encourage, or enable others to use the BelkaVPN Services:
for
unlawful, illicit, illegal, criminal or fraudulent activities,
including but not limited to port scanning, sending spam, sending
opt-in email, scanning for open relays or open proxies, sending
unsolicited e-mail or any version or type of email sent in vast
quantities even if the email is routed through third-party servers,
any pop-up launching, use of stolen credit cards, credit card fraud,
financial fraud, cryptocurrency fraud, cloaking, extortion,
blackmail, kidnapping, rape, murder, sale of stolen credit cards,
sale of stolen goods, offer or sale of prohibited, military and dual
use goods, offer or sale of controlled substances, identity theft,
hacking, pharming, phishing, scraping in any form or scale, digital
piracy, intellectual property infringements and other similar
activities;
to
assault, interfere, gain unauthorized access, deny service in any way
or form to any other network, computer or node through BelkaVPN
Services;
to
exploit children in any way, including audio, video, photography,
digital content, etc.;
to
upload or distribute in any way files that contain viruses, worms,
trojans, corrupted files, or any other similar software or programs
that may damage the operation of another’s computer;
to
interfere with or attempt to interfere with the proper working of the
BelkaVPN Services, any transactions being offered in connection with
the BelkaVPN Services or any other activities conducted by us,
disrupt our website or any networks connected to the BelkaVPN
Services, or bypass any measures we may use to prevent or restrict
access to the BelkaVPN Services;
to
exploit the BelkaVPN Services in any unauthorized way whatsoever,
including, but not limited to, by trespass or burdening network
capacity;
to
use any robot, spider, scraper, or other automated means to access
our website or BelkaVPN Services for any purpose without our prior
written permission;
to
collect or harvest personal information about other users of the
BelkaVPN Services;
to
collect or harvest personal data of individuals, without legitimate
interest or consent, or in violation of any applicable law;
to
take any action that imposes or may impose an unreasonable or
disproportionately large load on our infrastructure;
to
share any data or other content with any unreasonably large number of
persons, including without limitation sending blast communications to
a large number of recipients or sharing content with persons you do
not know or who do not know you;
to
represent that you are the representative or agent of any of the
BelkaVPN Services, including any of its functionality;
to
incorporate the BelkaVPN Services or any portion thereof into any
other program or product;
to
copy or reproduce, in any form or by any means, any part of the
BelkaVPN Services;
to
modify, translate, reverse engineer, decompile, disassemble, or
create any derivative works based on the BelkaVPN Services, including
any of its files or documentation, or any portion thereof, or
determine or attempt to determine any source code, algorithms,
methods or techniques embodied in the BelkaVPN application or any
portion thereof;
to
violate general ethic or moral norms, good customs and fair conduct
norms;
to
violate any third party’s rights, including any breach of
confidence, personal data, copyright or any other intellectual
property or proprietary right;
to
threaten, stalk, harm, or harass others, or promote bigotry or
discrimination;
to
attempt to manipulate the BelkaVPN name, services or products;
to
solicit or harvest personal information from or communicate with
minors;
attempt
to gain unauthorized access to the BelkaVPN Services, user accounts,
computer systems or networks connected to the BelkaVPN Services
through hacking, password mining, brute force or any other means;
to
use the BelkaVPN Services for any military purpose, including
cyberwarfare, weapons development, design, manufacture or production
of missiles, nuclear, chemical or biological weapons;
to
otherwise infringe or circumvent these Terms.
We
reserve the right to refuse service, suspend accounts or limit access
to the BelkaVPN Services in our sole discretion. Such suspension or
access limitation may be implemented by BelkaVPN instantly and
without any indication, notice or refund. We may suspend your account
for clarification, investigation or request you to explain your
actions and provide additional information. If your account has been
suspended, you must contact us for further information. We may
suspend your user account for a reasonable period of time before we
terminate a user account permanently.
We
are under no obligation to enforce the Terms against you. We
encourage you to let us know about the violation of these Terms by
any BelkaVPN users; however, in case of such violations we may take
appropriate action at our sole discretion.
User
data
You
agree to read our Privacy Policy, which explains what type of
information we collect and what might happen to that information,
including, without limitation, how such information is shared and
used. Our Privacy Policy contains information that you should review
prior to using the BelkaVPN Services. Our Privacy Policy will apply
to the information we collect, whether or not you choose to read it.
We
do not log or store any records on user activity using BelkaVPN
Services: however, you are required to create a user account in order
to use BelkaVPN Services, primarily our VPN services. If you choose
to create a user account, you must provide some basic information,
specifically: valid email address – to send the BelkaVPN
communication, to retrieve a lost password and to make a VPN
connection; payment information – we process basic billing
information through our payment processing partners for payment
processing and refund requests. You must maintain and update this
information current, truthful, complete and accurate. You warrant
that you are authorized to provide such information. You authorize us
to verify your information at any time. If it is found to be untrue,
inaccurate, not current or incomplete, we retain the right, in our
sole discretion, to suspend or terminate your user account and your
access to the BelkaVPN Services.
You
are responsible for maintaining the confidentiality of your BelkaVPN
account username and password and for restricting access to your
account. You may not share your password or other account access
information with any other party, temporarily or permanently, and you
agree to accept responsibility for all activities that occur under
your account or password, whether or not authorized by you. You agree
to immediately notify us of any unauthorized use of your account,
username or password, as the case may be.
Disclaimer
of warranties
Reasonable
efforts are taken to improve the accuracy and integrity of the
BelkaVPN Services, but we are not responsible for downtime, loss of
data, corrupt data, service delay, mistakes, out-of-date information,
or other errors. Notwithstanding any other provision of these Terms,
we reserve the right to change, suspend, remove, or disable access to
the BelkaVPN Services, or any functionality comprising a part of the
BelkaVPN Services at any time without notice. In no event will we be
liable for making these changes. As a registered user in good
standing, you may be provided with limited service by BelkaVPN. We do
not warrant, and will not have any liability or responsibility for
your use of BelkaVPN Services or other the products or services we
provide. We may also impose limits on the use of or access to the
BelkaVPN Services, for any reason and without notice or liability.
Our website, products and services may be unavailable from time to
time due to human, digital, mechanical, telecommunication, software,
and other failures. We cannot predict or control when such downtime
may occur and cannot control the duration of such downtime.
THE
BelkaVPN SERVICES (INCLUDING, WITHOUT LIMITATION, OUR SOFTWARE,
MOBILE APPLICATIONS, SERVICES AND WEBSITE) ARE PROVIDED “AS IS”
AND WITH ALL FAULTS. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER
REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY,
FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE BelkaVPN SERVICES.
YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR USE OF THE
BelkaVPN SERVICES, AND WE DO NOT WARRANT THE PERFORMANCE OR RESULTS
THAT MAY BE OBTAINED THROUGH YOUR USE OF THE BelkaVPN SERVICES. YOU
ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE BelkaVPN
SERVICES AND FOR ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION. TO
THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING THROUGH
COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING,
WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE BelkaVPN
SERVICES WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, NOR THAT
THE BelkaVPN SERVICES WILL BE AVAILABLE FOR YOUR ACCESS OR USE, NOR
THAT OPERATION OF THE BelkaVPN SERVICES WILL BE ERROR FREE OR
UNINTERRUPTED. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY
NOT APPLY TO YOU. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS THAT
VARY FROM ONE JURISDICTION TO ANOTHER JURISDICTION.
We
shall not be responsible or have any liability for any delay or
failure to perform to the extent due to unforeseen circumstances or
causes beyond its reasonable control, including, without limitation,
failures of your telecommunication or internet service providers,
Force Majeure, earthquakes, fires, floods, embargoes, labor disputes
and strikes, riots, war, novelty of product manufacture or other
unanticipated product development problems, and acts of civil and
military authorities.
Limitation
of liability
There
are inherent risks in relying upon, using, transmitting or retrieving
any data and/or content on the Internet, and we urge you to make sure
you understand these risks before using the BelkaVPN Services.
YOUR
USE OF THE BelkaVPN SERVICES IS AT YOUR OWN RISK. NEITHER BelkaVPN
NOR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES, NOR ANY OF THEIR
EMPLOYEES, OFFICERS OR DIRECTORS, SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER
DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR INFORMATION
OF ANY KIND, LOSS OF BUSINESS, LOST PROFITS, INTERRUPTION OF
BUSINESS, COST OF COVER OR ANY OTHER DAMAGES) ARISING OUT OF OR IN
ANY WAY RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE
BelkaVPN SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY
OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN ANY CASE THE LIABILITY OF BelkaVPN SHALL NOT EXCEED WHAT
THE CLIENT PAID TO BelkaVPN, AND SHALL NOT INCLUDE ATTORNEY FEES OR
COURT COSTS IRRESPECTIVE OF ANY LAWS OR STATUTES THAT MAY PRESCRIBE
OTHERWISE.
Indemnification
You
agree, at your own expense, to indemnify, defend and hold harmless
BelkaVPN, its parents, subsidiaries and affiliates, and their
officers, directors, employees, agents, distributors and licensees,
from and against any judgments, losses, deficiencies, damages,
liabilities, costs, claims, demands, suits, and expenses (including,
without limitation, reasonable attorneys’ fees, expert witness
fees and expenses) incurred in, arising out of or in any way related
to your breach of these Terms, your use of the BelkaVPN Services, or
any of your other acts or omissions.
Geographical
access
The
BelkaVPN Services are not geographically limited; however, we make no
representations or warranties that the BelkaVPN Services are
appropriate for use or access in your location and jurisdiction.
You
access and use the BelkaVPN Services in your country on your own
initiative and you solely are responsible for complying with your
local laws and regulations, if and to the extent such laws are
applicable. We reserve the right to limit, in our sole discretion,
the availability of the BelkaVPN Services or any portion thereof, to
any person, entity, geographic area, or jurisdiction, at any time.
Electronic
communications
You
consent to receive communications from us electronically, e.g. by
email, application messages, etc. We will communicate with you
through the email that you provide. You agree that all agreements,
notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications
be in writing. You agree that we may communicate to you for the
purpose of advising you of changes or additions to the BelkaVPN
Services, about any of our products or services, or for such other
purposes that are reasonable or required by applicable law.
Miscellaneous
We
reserve the right to modify and update these Terms at Our sole
discretion, at any time, for any or no reason, and without liability,
as indicated below. The amendment of Terms may be communicated to you
by sending an email and/or by publishing the updated Terms on the
BelkaVPN website.
We
also reserve the right to modify, update, or suspend the operation of
the BelkaVPN Services at our sole discretion, at any time, for any or
no reason, and without notice or liability.
All
users of BelkaVPN Services are obliged to ensure that they are
familiar with the most current wording of the Terms. The change of
the Terms may be communicated to you by publishing the updated Terms
on BelkaVPN website, where the date of the most current wording of
the Terms is indicated at the top of the web page. Since you agree to
be bound by these Terms each time you use the BelkaVPN services,
please consider reviewing the Terms each time you use the BelkaVPN
services. Each update of the Terms comes into force as of the moment
when it is published on this web page. You understand and agree that
any continued use and access to the BelkaVPN Services after any
updates to these Terms are published, means that you voluntarily
agree to be bound by the updated Terms.
The
Terms constitute an agreement between you and us regarding the use of
the BelkaVPN Services. The parties acknowledge that no reliance is
placed on any representation made but not expressly contained in
these Terms.
If
any provision of the Terms is found to be unenforceable or invalid,
that provision shall be limited or eliminated to the minimum extent
necessary so that the Terms shall otherwise remain in full force and
effect and enforceable.
You
may not assign or transfer your rights or obligations under these
Terms to any third party.
These
Terms and your use of the BelkaVPN Services are governed by the laws
of Panama, without regard to its choice of law provisions. You agree
that the courts of general jurisdiction located in Panama City,
Republic of Panama, will have exclusive jurisdiction over any and all
disputes arising out of or relating in any way to these Terms or the
BelkaVPN Services.
If
you have questions or concerns regarding these Terms please contact
us at support@belkavpn.com.