Terms of Service (ToS) for RookVPN

Effective Date: August 15, 2024

1. Acceptance of Terms

By accessing or using any services provided by RookVPN ("RookVPN," "we," "us," or "our"), you ("user," "you," or "your") agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any applicable Data Processing Agreement (DPA). If you do not agree to all of these terms, do not access or use our services.

2. Eligibility

Our services are intended for individuals who are at least 18 years old. By using RookVPN, you represent and warrant that you meet this age requirement or have obtained parental or legal guardian consent where applicable. You also confirm that you are legally permitted to use VPN services in your jurisdiction.

3. Services Provided

RookVPN provides Virtual Private Network (VPN) services designed to enhance your online privacy and security. Our services include:

• Secure, encrypted connections to servers located in Canada, the U.S., the EU, and other regions.

• Applications and software for various devices and operating systems.

• Customer support via email and other communication channels.

4. Account Registration and Responsibilities

a. Account Creation

To access our services, you may need to create an account by providing accurate and complete information, including a valid email address. You agree to update your information promptly to keep it accurate.

b. Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at [email protected] of any unauthorized use or suspected security breaches.

c. Multiple Accounts

Users are permitted to have only one personal account unless expressly authorized by RookVPN.

5. Acceptable Use Policy

a. Lawful Use

You agree to use our services only for lawful purposes and in compliance with all applicable local, national, and international laws and regulations.

b. Prohibited Activities

You agree not to engage in any of the following activities:

• Illegal Activities: Any actions that violate local, national, or international laws, including intellectual property laws.

• Harmful Content Distribution: Transmitting or distributing any viruses, malware, or other harmful code.

• Unauthorized Access: Attempting to gain unauthorized access to any network, system, or data.

• Network Abuse: Activities that may harm, disrupt, or interfere with the functioning of our services or networks.

• Harassment and Discrimination: Engaging in harassment, hate speech, or discrimination against any individual or group.

• Fraudulent Activities: Impersonating any person or entity or misrepresenting your affiliation with any person or entity.

c. Enforcement

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without prior notice.

6. Payment Terms

a. Fees and Charges

Access to our services may require payment of subscription fees. All fees are in U.S. dollars unless otherwise specified and are exclusive of taxes.

b. Billing and Renewal

By subscribing, you authorize us to charge the applicable fees to your designated payment method. Subscriptions automatically renew at the end of each billing cycle unless canceled prior to renewal.

c. Refund Policy

We offer a 7-day money-back guarantee on new subscriptions. Refund requests must be submitted within 7 days of purchase by contacting [email protected]. Refunds will be processed within 30 days and issued to the original payment method and currency.

d. Changes to Fees

We reserve the right to change our fees at any time. We will provide advance notice of any fee changes, which will take effect at the start of the next billing cycle.

7. Service Availability and Maintenance

a. Uptime Commitment

We strive to provide continuous, uninterrupted service with a target uptime of 99.95%. In the event of service unavailability due to issues within our control, you may request service credits.

b. Scheduled Maintenance

We may perform scheduled maintenance that may temporarily affect service availability. We will provide advance notice for any significant maintenance periods.

c. Service Modifications

We reserve the right to modify or discontinue any part of our services at any time. We will provide reasonable advance notice of significant changes that may affect your use of the services.

8. Intellectual Property Rights

a. Ownership

All content, software, and materials provided by RookVPN are protected by intellectual property laws and remain the property of RookVPN and its licensors.

b. License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to use our software and services for personal, non-commercial use, subject to these Terms.

c. Restrictions

You agree not to:

• Copy, modify, or create derivative works of our software or services.

• Reverse engineer, decompile, or disassemble any part of our software.

• Remove or alter any proprietary notices or labels.

9. Privacy and Data Protection

Your use of our services is subject to our Privacy Policy, which explains how we collect, use, and protect your personal data. By using our services, you consent to the collection and use of your data as outlined in the Privacy Policy.

10. Third-Party Services

Our services may include integrations or links to third-party services. Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the content or practices of third-party services.

11. Disclaimers

a. "As Is" Basis

Our services are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied.

b. No Warranty

We do not warrant that:

• The services will meet your requirements.

• The services will be uninterrupted, timely, secure, or error-free.

• Any errors in the services will be corrected.

12. Limitation of Liability

To the fullest extent permitted by law, RookVPN and its affiliates, officers, employees, agents, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or other intangible losses, resulting from:

• Your access to or use of, or inability to access or use, the services.

• Any conduct or content of any third party on the services.

• Unauthorized access, use, or alteration of your transmissions or content.

Our total liability for any claim arising out of or relating to these Terms or our services shall not exceed the amount you have paid to us in the last twelve months or $100, whichever is greater.

13. Indemnification

You agree to indemnify, defend, and hold harmless RookVPN and its affiliates, officers, directors, employees, agents, and partners from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to:

• Your use or misuse of the services.

• Your violation of these Terms.

• Your violation of any third-party rights, including intellectual property or privacy rights.

14. Termination

a. Termination by You

You may terminate your account at any time by contacting [email protected] or through your account settings.

b. Termination by RookVPN

We may suspend or terminate your access to the services immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms.

• Legal or regulatory reasons.

• Extended periods of inactivity (over 12 months for free accounts).

c. Effects of Termination

Upon termination:

• Your right to use the services will immediately cease.

• Any outstanding fees will become due.

• Sections of these Terms that by their nature should survive termination will remain in effect.

15. Dispute Resolution and Governing Law

a. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions.

b. Arbitration

All disputes arising out of or relating to these Terms or our services shall be resolved through binding arbitration under the rules of the Canadian Arbitration Association. The arbitration will be conducted in English in Ontario, Canada.

c. Class Action Waiver

You agree to resolve any disputes on an individual basis and waive your right to participate in a class action lawsuit or class-wide arbitration.

16. Force Majeure

RookVPN shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, war or acts of terrorism, civil unrest, government actions, or internet or telecommunications failures.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the extent necessary to make it enforceable.

18. Entire Agreement

These Terms, along with our Privacy Policy and any additional agreements you may enter into with us, constitute the entire agreement between you and RookVPN regarding the services.

19. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction.

20. Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

21. Notices

Any notices or communications required or permitted under these Terms will be in writing and delivered to: Email: [email protected]

22. Contact Information

For any questions or concerns regarding these Terms, please contact us at: Email: [email protected]