Draft — pending legal review. This is a working draft, not legal advice. Items shown in [brackets] need to be finalised before launch.
By using the NoEyesVPN websites and apps, making a NoEyesVPN account (the “Account”) and using all its related features or otherwise with or with an account, you agree to the following terms of service. These Terms cover all present and future features provided by your Account. The Services are operated by NEV Technologies (“We”, the “Company”). Please read these Terms carefully before you use your Account or the Services provided. By using your Account or the Services provided, you are agreeing to these Terms. You may not use your Account or the Services provided if you do not agree to these Terms. These Terms apply every time you use your Account or the Services provided by NoEyesVPN.
If you agree to these Terms on behalf of a legal entity, you represent that you have the authority to bind such entity, its affiliates, and all users who access the Services through your Account to these Terms. Without authority, you are not authorized to use the Services. If you operate an organization on our Services, you must ensure that all individuals with access to an Account within your organization have read and understood these Terms.
You agree not to use your Account or the Services for any illegal or prohibited activities. Unauthorized activities include, but are not limited to:
Any Account discovered to be committing any of the listed unauthorized activities will be immediately suspended or restricted accordingly (which can include features and capabilities restrictions).
The Company may also terminate Accounts which are being used for illegal activities that are not listed above, particularly in response to orders from the competent authorities informing of such illegal activity.
We reserve the right to limit service capacity for Accounts which use of resources (e.g. bandwidth) is excessive and hurts the user experiences of other users in an unfair way.
The Company reserves the right to suspend or delete Accounts that have been inactive for a consecutive period of twelve months.
The Services are provided exclusively to individuals who are at least 12 years of age, and even then, only to minors who have obtained parental or legal guardian consent to open and maintain an Account.
The Services are provided exclusively to persons or legal entities. Accounts registered by “bots” or automated methods are not authorized and will be terminated.
The Company does not make any warranty about the reliability of the Services or the security of user data, despite best efforts. The Service is provided “as is” and “as available,” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, accuracy, non-infringement, or warranties that may arise from course of dealing or course of performance or usage of trade.
To the extent not prohibited by law, you acknowledge and agree that in no event will the Company be responsible or liable to you or any third party, under any theory of responsibility or liability, for any indirect, special, exemplary, incidental, consequential, or punitive damages (including, but not limited to, procurement of substitute goods or services; loss of data, use, or profits; business interruptions; or any other damages or losses), for any multiplier on or increase to damages, or for any costs or fees (including attorneys’ fees), whether under these Terms or otherwise, arising in any way in connection with your Account, the Services, or these Terms, whether arising at law, in equity, or otherwise, and whether based in contract, strict liability, tort (including negligence or otherwise), common law, statute, equity, or otherwise, even if we have been advised of the possibility of such damage, or for any other claim, demand, or damages whatsoever, arising out of or related to your use or inability to use your Account or the Services.
If you are a California resident, you waive California civil code § 1542, which says: a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
You agree that the Company, and any parents, subsidiaries, officers, directors, employees, agents, or third-party contractors (the “Indemnified Parties”) cannot be held responsible for any third-party claim, demand, or damages, including reasonable attorneys’ fees, arising out of your use of your Account or the Services. You agree that the Indemnified Parties will have no liability in connection with any such third-party claim, demand, or damages, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any third-party claims, demands, or damages arising out of your use of your Account or the Services.
Our Privacy Policy explains the way we handle and protect your personal data and privacy in relation to your Account, your use of the Services, and your browsing of the NoEyesVPN.com website. By agreeing to the present Terms and to be able to use the Services, you also agree to our Privacy Policy.