URBAN VPN TERMS OF USE

[Last Updated: September 11, 2024]

  1. Introduction

These Terms of Use (“Terms”) and our Privacy Policy incorporated herein by reference, constitute a legally binding agreement between you (“user” or “you“) and us Urban Cyber Security Inc. (“we“, “us“, “Urban” or “our“) and govern your use of this website (“website”) and your use of the following products (collectively “Products“): (1) Urban VPN browser extension, Urban Adblocker browser extensions, Urban Shield browser extension and Urban Safe Browsing extension (collectively “Extension”); (2) Urban VPN  EXE software for Windows available as a free version (“Desktop App”);  (3) Urban Premium VPN Desktop EXE software for Mac available as a subscription based version (“Mac App”); and (4) Urban VPN mobile applications available on Android, and  Urban Premium VPN mobile application available on iOS and Android as a subscription  based versions (“Mobile App”).

Please read these Terms carefully before downloading or using our Services and any feature provided therein. By clicking the “Download” (or similar button), installing or using the Services you acknowledge that you have read, understood, and agree to be bound by these Terms.

  1. Amendments

We may amend these Terms from time to time, at our sole discretion and without any notice. We will make a reasonable effort, at our sole discretion, to provide you with a notification regarding what we believe are material changes to these Terms. Such material changes will take effect seven (7) days after such notice was provided. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Services following the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

 

  1. Eligibility and Age Limitation

You hereby warrant that you are eligible to enter into these Terms and you are not prohibited by any authorized authority, judicial order or law into entering in any agreement; you have all proper authorization, if you are acting on behalf of a corporation, to enter into these Terms you further represent and warrant that you are of legal competence to enter into these Terms and you are at least sixteen (16) years of age. We reserve the right to request proof of age at any stage so that we can verify that children (as defined under applicable law) are not using the Services. If you are under 18, please be sure to read these Terms with your parents or legal guardians and ask questions about things you do not understand.

  1. Scope of Services

The Products provide unique features that enable you to build a customized browsing environment by allowing you to easily use a VPN service directly from your device (“VPN Services”). Subject to your acceptance of these Terms, you may choose to use our Services by installing one or more of the Products.

Further, you may choose to purchase a subscription to use premium features of our Product which allow you to use our VPN services in more territories (“Urban Premium VPN”). By using Urban Premium VPN, you may further choose to install more than one Product on different platforms and connect your use of our Products through an Urban account (“Account”), which will enable you to integrate your Service preference across different Products. In order to open an Account, you will be required to provide certain information about you. This information will be processed in accordance with our Privacy Policy. You hereby represent and warrant that you are the sole responsible for maintaining the confidentiality of your Account details and log-in credentials. You further represent and warrant that you will not provide us with inaccurate, misleading, or false information.

The VPN Services, the Premium Services, and any modification or improvement therein, shall be referred as the “Services”. Urban reserves the right, at any time and from time to time, at its own discretion, to add Services, to modify, suspend, terminate or discontinue any or all the Services, or any part thereof or any user’s access thereto. Where we assume that such change may affects an existing Service, we will provide you with a prior written notice and you may be able to terminate the Service in accordance with section 13 below.

  1. Intellectual Property

Subject to your compliance with the Terms, we hereby grant you a personal, limited, revocable, non-transferable, non-sub-licensable and non-exclusive right to use, access, download and install the most current generally available version of our Product (including all updates thereto) and use the Services solely in connection with your lawful, personal and non-commercial use. You may not allow others to use, copy share, distribute, re-sell, and offer for re-sale, transfer or sub-licensed in whole or in part the right to use the Services. You acknowledge that all right and interest of our  trademarks, service marks, components, code, protocols, software and documentation as well as any derivatives thereof or improvements and modifications, evidenced by or embodied in or attached, connected, related to the Services, are our property and are protected by international copyright, trademarks, patents and other proprietary rights and laws relating to trade secrets, recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not use, delete, alter, or remove any copyright, trademark, or other proprietary rights notice placed in the Services. Except as expressly granted herein, we retain all right, title and interest in and to our Services, as well as any content provided or made available in connection with the Services (excluding Third Party Services). We reserve the right to disable access to the Services by anyone who uses them to infringe intellectual property rights.

  1. Free and Paid Services

The Premium Services, are subscription based, and are subject to subscriptions fees that automatically renew (“Subscription”). In addition, you may purchase through the Products (“IAP”) certain goods and special features designed to enhance the performance and user experience of the App and Premium Services (“Goods”). The payment for the Subscription and IAP for our Mobile and Mac Apps are processed through Apple Pay and Google Pay and subject to the applicable terms and condition: Apple Terms and Conditions. Google Pay Terms of Service (“Stores Subscription Terms”), and for our Desktop App through our third-party payment processor – Paddle. Further, when you purchase a Subscription plan, we may offer you a one-time free trial for premium features (“Free Trial“) as shall be determined by us in our sole discretion.

  • IAP Terms:
    • As hereinafter provided, Goods are provided “as is” without any warranty. Every purchase, sale, and trade of Goods shall be final and non-refundable, unless otherwise determined by us at our sole discretion. You only get a limited, revocable, personal, non-transferable, and non-sublicensable license to use Goods. You acknowledge that you do not acquire any ownership rights in or to the Goods. Any balance of Goods does not reflect any stored value.
    • We may manage, control, regulate, modify or eliminate Goods at any time, with or without notice, in our sole discretion. We shall have no liability to you or any third party in the event that we decide to exercise these rights. All Goods may be forfeited if your account is suspended or terminated for any reason, at our sole discretion. You will not receive money or other compensation for unused Goods when your account is closed whether such closure was voluntary or involuntary. Certain jurisdictions may provide additional statutory rights, including a Cooling-Off Period which allows you to withdraw from a purchase. Nothing herein is meant to limit your return or withdrawal rights for your purchase of Goods under applicable laws.
    • You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Premium Services, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).
  • Subscription & Free Trail Terms:
    • The Subscription are subject to a monthly, 6 months or yearly Subscriptions plan or otherwise a onetime payment. Subscription is automatically renewed unless you terminate or cancel the Subscription.
    • You may cancel your subscription plan anytime through the Stores account for our Mobile Apps and Mac App, or via the Urban VPN Account Console for our Windows App and Extensions. Should you choose to cancel your Subscription, your access to the subscription plan will continue through the end of your billing period, as applicable, and expire thereafter.
    • To the extent permitted by applicable law, any fees paid for your purchase of a subscription plan of any of our Products are non-refundable, and we do not provide refunds for any partial subscriptions. The cancelation or refund terms for our Mobile Apps and Mac App are subject to the Stores Terms. For purchases done via Urban VPN website, the cancellation or refund terms are as described under Section 6 of these Terms.
    • The Free Trial commences upon the purchase of a Subscription plan with Free Trail period, and is valid for a limited period of time as determined by us in our sole discretion (“Free Trial Period”). Following the Free Trial Period the Subscription will automatically commence unless canceled at least 24-hours before the end of the Free Trial Period. The terms of the Free Trial, autorenewal and cancellation procedure of our Mobile Apps and Mac App will be disclosed prior to making the purchase and are subject to the Stores Subscription Terms.
    • When you sign up for a Free Trial, you agree that we will automatically begin charging you for the Urban Premium VPN services on the first day following the end of the Free Trial on a recurring periodic basis in accordance with the subscription period you have selected when you sign up for a Free Trial. We will notify you via your email address that your Free Trial period is about to expire before the end of the Free Trial. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE SUBSCRIPTION BEFORE THE END OF THE FREE TRIAL.
    • We reserve the right to limit your ability to take advantage of multiple Free Trials. We reserve the right, at our own discretion, to change any features or functionalities of the Subscription. Changes to the Subscription can be based on various factors, e.g., improving, managing the Services, complying with requirements or legal or technical requirements. Where such changes negatively affect an existing Subscription in more than a limited way, you will be informed and may terminate the Subscription.
  1. Representations, Warranties and Restrictions of Use

You hereby represent and warrant that you are either the owner or an authorized user of the device in which the Products are used or installed and that you will use the Services in full compliance with all applicable laws, rules and regulations these Terms. Except as expressly provided under these Terms, you may not, nor may not enable anyone else to, directly or indirectly: (i) copy, modify, decompile, disassemble, create any derivative works or reverse engineer the Services or any portion thereof including any source code therein; (ii) circumvent, disable or otherwise interfere with security-related features of the Services, or interfere with others’ use of the Services; (iii) use any automated devices, such as spiders, robots or data mining techniques, to catalog, download, store, reproduce, or distribute content available in the Services, or to manipulate the Services in any manner; (iv) remove, deface, obscure, or alter any copyright, trademarks, or other proprietary rights; (v) use our name, logo or trademarks without our prior written consent; or (vi) use the Services for any fraudulent, illegal or inappropriate purpose, including, without limitation, infringement or misappropriation of any intellectual property rights or right of privacy of any third party or in breach of these Terms.

  1. Updates and Changes to our Services

We may, at any time and at our sole discretion, change, modify, add, or remove features and functionality of our Services without notice. When our Extension is installed on your computer, it periodically communicates with our servers to request automatic updates when we release a new version of such product or when we make new features available. You hereby agree that we may automatically download and install updates, from time to time, without prior notification. These updates are designed to improve, enhance, and further develop the Services. You agree to receive such updates as part of your use of the Services. If we believe that such updates or upgrades shall materially affect your use of the Services or your rights, we will make a reasonable effort to provide notification to you of such

In addition, we reserve the right to discontinue some or all the features of our Services at any time at our sole discretion (including the provision of any updates, upgrades, or fixes). We are under no obligation to provide you with any features, functionality, upgrades, or bug fixes. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services, or any portion thereof. If you are dissatisfied with the Services, your sole option is to discontinue or terminate your use of the Services.

  1. Disclaimer of Warranty

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SERVICES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE”. YOUR USE OF AND RELIANCE ON THE SERVICES OR ANY INFORMATION OR FEATURE PROVIDED THEREIN ARE AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES WHICH OCCUR AS A RESULT OF YOUR USE OF THE SERVICES. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE AVAILABLE ON A CONTINUOUS BASIS, SECURED, FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR PROGRAM LIMITATIONS. WE MAKE NO WARRANTY THAT ANY CONTENT AND INFORMATION AVAILABLE THROUGH THE SERVICES IS TRUE, RELIABLE OR ACCURATE. WE MAKE NO WARRANTY THAT WE WILL CORRECT ANY ERRORS, DEFECTS OR OMISSIONS. WE DO NOT, EITHER EXPRESSLY OR IMPLIEDLY ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY OR DAMAGES INCURRED AS A RESULT OR IN CONNECTION WITH YOUR USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA OR OTHER DAMAGE TO DEVICE).

  1. Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WE (INCLUDING, WITHOUT LIMITATION, OUR AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, OR EQUIPMENT AND SERVICE PROVIDERS) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THESE TERMS OR YOUR USE OR INABILITY TO USE THE SERVICES. OUR LIABILITY SHALL NOT EXCEED THE COST OF THE SERVICES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DAMAGES, IN SUCH STATE OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

  1. Indemnification

You hereby expressly agree to indemnify, defend, and hold us (including our affiliates, subsidiaries, successors, contractors, employees, directors, agents, suppliers, licensors, service providers and partners) harmless from any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney fees) arising from: (i) your use of any of our Services; (ii) your violation and/or breach of any term of these Terms; and (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Services (including your violation of any third party rights).

  1. Term and Termination

In addition to Urban termination rights under sections ‎4 above or elsewhere in the Terms, Urban has the right to terminate or restrict your use of the Service with immediate effect if Urban has reasons to suspect that you (or anyone whom you have allowed access to the Service) have violated these Terms, Urban’s policies or any applicable laws, rules and regulations. This shall also apply if you are otherwise using the Service in a fraudulent way or a way that may cause damage to Urban or any third party.

You may terminate your use of the Services at any time and for any reason (and in the event that you use the Premium Plan, the termination is subject to the cancellation of your Premium Plan under section ‎6.2.3 above) by removing the applicable Product from your computer, mobile or browser and ceasing your use of the Services. To uninstall the Extension please use your standard uninstall processes available through your browser’s settings and remove the extension. Any termination may result in the destruction of all information and data associated with your use of the Services. Upon termination, all rights granted to you under these Terms will immediately cease. We are not liable to you or any third party for termination of the Services or termination of your use of the Services. The provisions of these Terms, which by their nature should survive any such action on our part, shall survive.

  1. Privacy Policy

Our practices concerning the collection, use and disclosure of your information are addressed in our Privacy Policy, which is incorporated herein by reference. We encourage you to periodically review our Privacy Policy.

  1. Dispute Resolution

These Terms are governed by the Laws of the State of New York, without regards to its conflict of laws principles and shall be brought exclusively before the courts of New York, Manhattan.

  1. Miscellaneous

These Terms constitute the entire understanding between the parties with respect to the use of the Services. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Our failure to enforce any rights or to act against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without our prior written consent. We may assign our rights under these Terms to any third party at our sole discretion.

If you have any questions, please contact us via e-mail: privacy@urban-vpn.com

 

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