These terms of service (the “Terms”) govern your access to and use of VPNova services, therefore we kindly ask you to carefully read them when visiting VPNova website, before you register, download, install and use the VPNova services, which include the VPNova software, VPNova mobile applications and any services that VPNova (“KEYFLYER TECH PTE. LTD.”, “we”, “us”, “our” or “VPNova”) provides through our software, application or otherwise (all of which collectively are referred as the “VPNova Services”).

Please note that the Terms constitute a binding legal agreement between you and VPNova. By visiting the website, registering for, installing and/or using the VPNova Services on any platform or device you agree to be bound by these Terms. It is only under these Terms that VPNova allows visitors / users (the “users”) to use VPNova 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 VPNova 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.

VPNova Services are transitory digital network communications services, which enhance internet security and privacy. We do not condone any unlawful use of the VPNova Services. VPNova 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 VPNova Services.

By using VPNova Services, you agree to the whole VPNova Terms of Service including all said general provisions incorporated by reference.

VPNova 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 VPNova website. If you do not agree to the amendment of Terms, please do not install and do not use our software, our mobile application and/or any of our products or services. Your continued use of our products or services indicates that you agree to our amendment of Terms.

If you have questions or concerns regarding these Terms please contact us at freevpnova@gmail.com.

1. Consent

By visiting the Site, downloading the App, or otherwise using the VPNova Services, you indicate your agreement to be bound by these terms. If you do not agree with these terms, you must not use the VPNova Services, and uninstall the App if you have already downloaded it.

2. Privacy Policy

Our Privacy Policy is part of and is governed by these terms. By agreeing to these terms, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.

3. Notice Regarding Dispute Resolution

These terms contain provisions that govern how claims you and we may have against each other are resolved, including an terms and obligation to arbitrate disputes, which, subject to limited exceptions, will require you to submit claims you have against us to binding arbitration, unless you opt-out of arbitration as described below. If you do not opt-out of arbitration, you will only be permitted to pursue claims and seek relief (including monetary, injunctive, and declaratory relief) against us on an individual basis, not as part of any class or representative action or proceeding.

4. Updates to these terms

We may modify these terms from time to time. We will notify you of material changes in accordance with applicable laws. If you do not agree with the proposed changes, you should discontinue your use of the VPNova Services and uninstall the App. If you continue using the VPNova Services after the new terms take effect, you will be bound by the modified terms.

5. Affirmative Representations

When you use the VPNova Services, you represent that: your use of the VPNova Services does not violate any applicable law or regulation; you are 13 years of age or older; and you are of sufficient legal age or otherwise have legal capacity to legally enter into these terms.

6. Prerequisites and Activation

In order to use the VPNova Services, you must first agree to be bound by the terms of these terms and our Privacy Policy. In order to be able to activate the App, you may need to agree to allow the App to have access to the following information and features located on the user’s device: Device Wi-Fi Connections Device ID

7. Intellectual Property Rights

The VPNova Services and the trademarks, service marks, and logos contained on the VPNova Services, are owned by or licensed to us and are subject to copyright and other intellectual property rights under Singapore and foreign laws and international conventions. The VPNova Services is for your information and personal use only and not for commercial exploitation. We reserve all rights in and to the VPNova Services. If you download or print a copy of the VPNova Services for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the VPNova Services. You agree that VPNova will be entitled to all legal and equitable remedies otherwise available to it to protect the intellectual property rights and those of its licensors including, without limitation, the right to seek and obtain injunctive relief and enforce the same against you.

8. Recurring Payments for Paid Service

You may choose whether to use the free VPNova Services or premium VPNova Services (the “Paid VPNova Services”). If you choose to use the free VPNova Service, VPNova may deliver third-party advertisements to you. If you choose to use the Paid VPNova Service, VPNova will not deliver any advertisements to you.

The Paid VPNova Services’ subscription period includes annual subscriptions, semi-annual subscriptions, and monthly subscriptions. The start or termination of the subscription plan must be done through the Google Shop or the App Store.

When you purchase a subscription to VPNova’s Paid VPNova Services in connection with your use of VPNova app, VPNova will automatically renew your subscription to the Paid VPNova Services at the end of its initial term and at the end of each term thereafter. The renewal term will be for the same period of time as the initial term. This period of time is known as the Subscription Period. Upon automatic renewal of each Subscription Period, the subscription fees will be automatically deducted from the payment method provided by you. All subscription fees paid upon initial subscription and deducted upon renewal of each Subscription Period is non-refundable. Taxes may apply on the subscription fee. You agree to pay for the subscription that you select for the Paid VPNova Services and you authorize us to automatically charge the payment method our service provider has on file for your recurring payments.

If the payment mechanism we have on file for you is declined for payment of your Paid VPNova Services subscription fee, we may retry the payment mechanism at the same or lower rate. If we do not obtain payment, your Paid VPNova Services subscription will be canceled. If you provide us with a new form of payment and are successfully charged within 30 days after the renewal date, your new Paid VPNova Services subscription term will be based on the original renewal date and not the date of the successful charge.

You are responsible to canceling your subscription regardless of whether you receive any notice from VPNova about the renewal of that subscription. In the event that your payment mechanism expires prior to the renewal date of your subscription, you are responsible for updating a new payment mechanism in your VPNova account before the renewal date of your subscription to the Paid VPNova Services. To the fullest extent permitted by law, VPNova makes no representations or warranties about the continued availability of any particular form of payment method made available for use with the VPNova Services.

Unless you notify us before a charge that you want to cancel or do not want to auto renew, you understand your paid service subscription will automatically renew periodically and you authorize us to collect the then applicable paid service subscription fee plus any applicable taxes, using any payment method we have on record for you.

VPNova currently uses third-party payment processors electronic commerce. Our third-party e-commerce payment processor accepts payments through methods detailed on the applicable payment screen, which may include various credit cards. By using such third-party payment processors, you agree to their terms and conditions of use. Such third parties may charge fees to process payments. We may, but are not required to, pay certain fees at our sole discretion. To the fullest extent permitted by law, VPNova disclaims all liability with regard to any fees or problems you have with third-party payment processors.

9. License

(1) VPNova grants each user a non-exclusive and limited license to use the object code version of the App for non-commercial purposes. Each user may make a single copy of the App in object code form for archival or backup purposes. The user must include all Notices on all such copies. Users are prohibited from reverse engineering, decompiling or disassembling the App or attempting to gain access to the source code of the App except and only to the extent that it is expressly permitted by applicable law. To the extent applicable law permits contractual waiver of such right, you hereby waive your rights to do so. (2) Each user is prohibited from transferring or assigning the App or these terms and/or any rights or obligations hereunder without the prior written consent of VPNova. (3) Your rights under this terms will automatically terminate if you breach any of your material obligations under this terms. (4) Promptly after such any termination of this terms, you will destroy all copies of the App and uninstall the App from your device. (5) All rights not expressly granted are reserved.

10. Prohibited and restricted uses

Your access to and use of the VPNova 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 VPNova Services to any users who infringe any applicable laws or these Terms. While using the VPNova Services you yourself agree not to, and agree not assist, encourage, or enable others to use the VPNova Services:

(1)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;

(2)to assault, interfere, gain unauthorized access, deny service in any way or form to any other network, computer or node through VPNova Services;

(3)to exploit children in any way, including audio, video, photography, digital content, etc.;

(4)to upload or distribute any files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;

(5)to interfere with or attempt to interfere with the proper working of the VPNova Services, any transactions being offered in connection with the VPNova Services or any other activities conducted by us, disrupt our website or any networks connected to the VPNova Services, or bypass any measures we may use to prevent or restrict access to the VPNova Services;

(6)to exploit the VPNova Services in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity;

(7)To use any robot, spider, scraper, or other automated means to access our website or VPNova Services for any purpose without our prior written permission;

(8)to collect or harvest personal information about other users of the VPNova Services;

(9)to collect or harvest personal data of individuals, without legitimate interest or consent, or in violation of any applicable law;

(10)to take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure;

(11)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;

(12)to represent that you are the representative or agent of any of the VPNova Services, including any of its functionality;

(13)to incorporate the VPNova Services or any portion thereof into any other program or product;

(14) to copy or reproduce, in any form or by any means, any part of the VPNova Services;

(15)to modify, translate, reverse engineer, decompile, disassemble, or create any derivative works based on the VPNova 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 VPNova application or any portion thereof;

(16)to violate general ethic or moral norms, good customs and fair conduct norms;

(17)to violate any third party’s rights, including any breach of confidence, personal data, copyright or any other intellectual property or proprietary right;

(18)to threaten, stalk, harm, or harass others, or promote bigotry or discrimination;

(19)to attempt to manipulate the VPNova name, services or products;

(20)to solicit or harvest personal information from or communicate with minors;

(21)attempt to gain unauthorized access to the VPNova Services, user accounts, computer systems or networks connected to the VPNova Services through hacking, password mining, brute force or any other means;

(22)to use the VPNova Services for any military purpose, including cyberwarfare, weapons development, design, manufacture or production of missiles, nuclear, chemical or biological weapons;

(23)to otherwise infringe or circumvent these Terms.

11. Disclaimer of warranties

Reasonable efforts are taken to improve the accuracy and integrity of the VPNova 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 VPNova Services, or any functionality comprising a part of the VPNova 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 VPNova. We do not warrant, and will not have any liability or responsibility for your use of VPNova Services or other the products or services we provide. We may also impose limits on the use of or access to the VPNova 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 VPNova 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 VPNova SERVICES. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR USE OF THE VPNova SERVICES, AND WE DO NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE OF THE VPNova SERVICES. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE VPNova 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 VPNova SERVICES WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, NOR THAT THE VPNova SERVICES WILL BE AVAILABLE FOR YOUR ACCESS OR USE, NOR THAT OPERATION OF THE VPNova 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.

12. Credit Expiration

To retain available balance time, users must be active within the App or the Site. Balance will expire and be cleared to zero if a user does not use the Site, the App and the VPNova Services for more than 180 days.

13. 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 VPNova Services.

YOUR USE OF THE VPNova SERVICES IS AT YOUR OWN RISK. NEITHER VPNova 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 TERMS OR THE USE OR INABILITY TO USE THE VPNova 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 VPNova SHALL NOT EXCEED WHAT THE CLIENT PAID TO VPNova, AND SHALL NOT INCLUDE ATTORNEY FEES OR COURT COSTS IRRESPECTIVE OF ANY LAWS OR STATUTES THAT MAY PRESCRIBE OTHERWISE.

14. Geographical access

The VPNova Services are not geographically limited; however, we make no representations or warranties that the VPNova Services are appropriate for use or access in your location and jurisdiction.

You access and use the VPNova 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 VPNova Services or any portion thereof, to any person, entity, geographic area, or jurisdiction, at any time.

15. 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 VPNova Services, about any of our products or services, or for such other purposes that are reasonable or required by applicable law.

16. 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 VPNova website.

We also reserve the right to modify, update, or suspend the operation of the VPNova Services at our sole discretion, at any time, for any or no reason, and without notice or liability.

All users of VPNova 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 VPNova 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 VPNova services, please consider reviewing the Terms each time you use the VPNova 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 VPNova 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 VPNova 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 VPNova Services are governed by the laws of Singapore, without regard to its choice of law provisions. You agree that the courts of general jurisdiction located in Singapore, will have exclusive jurisdiction over any and all disputes arising out of or relating in any way to these Terms or the VPNova Services.

Last updated October 10, 2018