TERMS OF SERVICE

This document outlines the terms and conditions of use of the VPN services (the “Services” or “Service”) provided by Gate100 CY Ltd. (the “Company”). These Terms govern the use of and access to Incognito VPN’s content (the “Content”) as well, which includes its website (the “Site”), applications (the “Apps”), and any software provided by Incognito VPN (the “Software”).

Before using Incognito VPN’s services, please read this agreement thoroughly. If You have any questions concerning the content of this agreement or what it implies, please send us an email at: [email protected]

ENTITLEMENT TO THE SERVICE

Upon subscribing, You affirm that You are at least eighteen (18) years of age, that You have read and agreed to our Terms and that all of the personal information You've given to The Company is Your personal information and is truthful.

DESCRIPTION OF SUBSCRIPTIONS

The Company offers 3 Subscription Plans for the Services: (1) Monthly Subscription (2) Yearly Hot Deal Subscription (3) Yearly Subscription. The Subscription you purchase is Yours and Yours only. You will not lend, rent, hire out or share it with people or any other legal entities such as a company, partnership, etc. who are not You personally.

The Subscription Plans will renew automatically at the end of each Subscription Plan's term. Renewal will be for the same duration as the original Subscription Plan. At any time within 30 days prior to the end of Your Subscription, You may advise us by email of your instructions not to renew your Subscription Plan. Please email us at [email protected] specifying the reasons behind your decision.

Yearly Hot Deal Subscription implies 3 days of trial just for 1 USD. After the first 3 days, the subscription automatically renews unless cancelled before the end of the 3-day trial, and 99 USD are withdrawn automatically for the whole year. If you want to cancel the subscription before the whole sum is automatically withdrawn, please email to [email protected] advising not to renew your Subscription Plan.

CANCELLATION AND SUSPENSION OF SUBSCRIPTIONS

You can terminate your Subscription anytime by simply sending us a request via email to [email protected] Refunds are subject to the Company's Refund Policy, which is a separate document to the Terms thereof are incorporated hereto as a binding agreement.

The Company is entitled to impose service limits, revoke any service, suspend it, or block any type of usage made by You at its sole discretion if it is reasonable to believe that You are violating or have violated the Terms or if the way You use the Services may render the Company liable to any offence or breach of any third party rights or disturb other users’ use of the Service.

The Company does not undertake to provide You with any prior notice of these measures. Taking any of these measures will not entitle You to a refund.

ACCEPTABLE USE

The Service is designed only to provide a secure and protected data transfer channel. You may only use the Services legally. The Service may NOT be used for any illegal activity. By agreeing to these Terms, You agree not to use the Service in a way that may result in a violation of any laws of any jurisdiction. You come to an understanding not to make any illegal or unauthorized use of the Services through Your user ID/password and not to enable access to your account to users who are not You. You will be held accountable and liable for all actions performed on the Company's servers where the login is identified by Your user ID/password.

You undertake not to use the Company's VPN service for sending spam, uninvited emails or other versions of spam, large quantities of emails even if such are sent from another server and sending opt-in emails, port scanning, scanning for open proxies. Distribution of viruses, hacking, cracking, network sabotage, phishing, fraudulent behavior is strictly prohibited.

You shall be held responsible for any damages caused by Your negligence or exposure to vulnerabilities, whether your actions were intentional or not.

DISCLAIMERS

The Company undertakes to provide the best Service possible in the circumstances and make the Service available at all times except for when maintenance work is being performed for repair and improvement or in case of circumstances beyond the control of the Company, including force majeure. The Service's network speed is an estimate and is no indication or guarantee to the speed which You or the Service will send or receive data. Your sole and exclusive remedy for any failure or nonperformance of the Software shall be for Incognito VPN to use commercially and timely reasonable efforts to adjust or repair the Software.

USE OF THE SOFTWARE AND ANY RELIANCE BY YOU UPON THE SOFTWARE, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS AND THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

INDEMNIFICATION

By agreeing to these Terms, You agree to hold harmless and indemnify the Company, its assignees, partners and affiliates, and its or their shareholders, directors, and employees, from and against any and all losses, claims, damages, liabilities, costs and expenses and demands resulting from Your use of the Services.

LIMITATION OF LIABILITY

The Company reserves the right, but is not obligated to, at its sole discretion and without providing prior notice, to block, delete, filter or restrict by any means, any materials or data it deems potential or actual violations of the restrictions set forth in these Terms and also any other actions that may subject the Company or its customers to any liability.

The Company does not monitor Your sessions for inappropriate use nor does it keep logs of Your internet activities. However, the Company reserves the right to monitor and investigate matters which it considers at its own discretion to be a violation or potential violations of these Terms.

The Company will not be liable for any damages or loss caused by viruses, denial-of-service, attacks or any other technologically harmful material that may infect Your computer, its peripherals, data stored on it or on its peripherals, computer programs or any other proprietary material due to the use of the Services or due to Your downloading of anything which is posted on the Company's website or any website which is linked there to.

UPDATES AND CHANGES TO THE TERMS

The Terms hereof may vary from time to time. New terms may be added onto this document and old terms may be deleted or altered. It is Your responsibility to review these Terms at times to check for the current contents of the Terms at the time You use the Services. The updated Terms shall be binding notwithstanding any term herein.

Your continued use of the Services will signify your acceptance of any changes to the Terms of Use.

Last modified: April 15, 2019