Terms of Service
The following Terms of Service (the “TOS”) are meant to govern the access and use of the Ake.net system which enables browsing the Internet by redirecting users’ connection through other users’ devices (all together the “System”) by means of our website https://ake.net (the “Website”). These TOS set a legal agreement between you (the “User”, “Client”, “You”), whether personally or on behalf of an entity, and VIP Security LTD, a legal entity duly registered under the British Virgin Islands law at First Floor, Mandar House, Johnson’s Ghut, P.O. Box 3257, Road Town, Tortola, British Virgin Islands, under the registration number 2096323 (“Company”, “us”, “our”, and “we”).
Please be aware that, by clicking “Sign up/Create account” and/or registering an account on our website, You confirm your comprehension and full consent with our TOS. If User is not agreed with any paragraph provided below, they are obliged to stop using our services immediately. Kindly note that any person classed underage according to their residential country's laws or local regulations, should not use the System unless given an explicit consent from a parent or a legal guardian. In such a case, the legal representative accepts Terms of Service as well and takes a responsibility for their minor’s compliance with. If You use the System on behalf of an entity, You are agreeing to these TOS for that organization and acknowledging that You have the authority to act on behalf of that organization, and commit to these TOS on behalf of that organization.
As used in these TOS and any amendments or exhibits therein, each capitalized term will have the meaning and definition specified below:
“Account” shall mean the set of the data recorded in the System for Your use, including Registration data, statistics, Referral Program and etc., and all associated functionality through which all interactions with the System take place.
“Registration” shall mean the result of entering a login and password on the Website after which a Client accepts TOS and can be identified for the purposes of System use.
“Registration data” shall mean Your personal data provided by You to the Company by filling in the registration form to register an Account.
“Residential Proxy” shall mean a proxy network with real IP-address provided by Internet service provider and allowing You anonymously access the website You’re trying to access. Each Residential IP is a real mobile or desktop device with a certain physical location.
“Referral Program” shall mean a possibility accessible to each User to receive consideration for new users who click the referral link, Register and/or purchase the Pricing Plan.
“Sub-User” shall mean a person who has been authorized by You to access User’s Account and the System and/or additional User’s device permitted to use the System.
“Pricing Plan” shall mean the detailed terms under which the use of Residential Proxy will be accessible to You, such terms include the amount of due Fees, traffic limits (amount of accessible GBs), Sub-Users, countries of IP-addresses location, billing period and etc.
“Tracking System” shall mean a system at the Company’s discretion used for the purposes of counting valid new users clicks, Registrations, purchases and collecting/retrieving other information necessary for calculation of consideration due to the Client.
“Fee” shall mean Company’s remuneration payable by the Client for access to the System with the selected Pricing Plan.
“Payment Processors” shall mean legal entities that are not affiliated to the Company and provide services enabling Clients to pay the Fees to the Company.
“Third-Party Applications” shall mean services provided by the legal entities not affiliated to the Company, information on which can be found within the System.
1.1 ACCOUNT REGISTRATION
The User may start to use the System after completing the Registration of the Account by providing certain information as prompted by the account registration form (in particular, login (User’s email address) and password) or within a designated third-party website/account (Google, Facebook and etc.).
Account may be used by You when Registration is completed. Along with the information listed above, we may ask You for additional information, so we can provide the services properly. Such additional information may include additional contact information, payment information and etc. Payment information includes the details of your cryptocurrency wallet or other details which may be required to transfer the Fees through Payments Processors (Stripe/Sellix or others), Payment Processors may allow making such payments either in cryptocurrency or fiat money. We will use this payment information to charge off Fees due for chosen Pricing Plan, remunerate You for the Referral Program or refund.
The Account shall reflect:
Client's Registration data;
Information about used Pricing Plan: time to the end of subscription period, traffic limits, including statistics of used GBs and information about accessible GBs, Sub-Users details and other information;
Payment details and payment history;
Information about Referral Program, including the amount of clicks, Registrations, purchased Pricing Plans;
Other information at the Company’s discretion.
You assume full responsibility that information You provided is current, complete and accurate. You warrant that such information provided to us will be truthful and that You are authorized to provide such information.
The User may not reveal, share or otherwise allow others to use the login, password or Account. The User is responsible for the confidentiality of login and password and for the security of the User’s computer system (any devices used to enter the Account, including the devices of Sub-Users). The Company is not responsible for the use of the User’s password by the User or by any person to whom the User may have intentionally or by negligence disclosed the login and/or password in violation of this confidentiality provision. The Company is also not responsible for the use of the Account by a person who fraudulently used login and password without Client’s permission. If the Client believes that the confidentiality of login and/or password may have been compromised, the Client shall change them immediately or notify the Company without any delay.
Intentional disclosure of User’s login, password and other Registration Information to the Sub-Users shall not be a violation of confidentiality provisions, herewith User shall be fully and solely responsible for any Sub-Users actions, including System’s use for illegal purposes and/or unauthorized use of payment information.
After registering the Account, the User has an opportunity to exploit the functionalities of the System offered by the Company. In case of breach of any provisions of these TOS or other binding agreements between the Parties, the Company has the right to limit access and/or usage rights with respect to certain parts and functionalities of the System.
The Company has the right to refuse to open the Account without giving any explanation (freedom of contract right) and has the right to limit the rights of certain groups of Clients in terms of specific rights, including limiting access and/or usage rights with respect to certain parts of the System.
2. TEMPORARY BLOCK AND SUSPENSION
2.1 The Account may be blocked in case of numerous attempts to enter incorrect login and password. In this case the Client shall contact the Company with regard to provision of new password which will be sent through the email address entered during Registration.
2.2 You understand and agree that Company may suspend Your access to the System and exercise any other remedy available, if the Company believes that Your use of the System: (a) violates (i) the terms of these TOS, including if Client is delinquent on payment obligations, (ii) the rights of the Company or any third party and other Clients, including by way of causing other users to be blocked from certain websites, networks or services, or (iii) any applicable law or regulation, or (b) is otherwise objectionable or inappropriate, or (c) constitutes fraudulent activity of any nature (d) disparage or devalue Company's reputation or goodwill, or (e) in other cases at Company’s discretion if Company believes that it is necessary or advisable in order to protect the Account, other Clients and/or the Company’s business interests/activity.
2.3 You agree that the Company is fully entitled to injunctive or other equitable relief for such violations without the requirement that the Company posts a bond, and compensation of any monetary damages may not be sufficient remedy. The Company is not required to provide any refund or other compensation if Your Account is suspended for the reasons specified above.
2.4 The Client will be notified about the reason of block or refusal (if possible) and the Company will always try to explain why the Company has taken such actions, unless where it is prohibited by laws or other legal acts or when it would pose risk to security. The Company will also notify the Client about the ways to remove the block and to continue the normal use of the Account.
2.5 The Account may be blocked in case of numerous attempts to enter the promo-code, including using a different promo-code. In this case the Client shall contact the Company with regard to provision of new password which will be sent through the email address entered during Registration.
3. SERVICES PROVIDED THROUGH THE SYSTEM
3.1 System provided by the Company allow You to use special filters to select suitable country, state, city and ASN provider, then receive the list of necessary Residential Proxies and browse the Internet as a real user in selected geographical area. Thereby, You will access Internet-pages save and anonymously, since Your real IP-address will be concealed.
3.2 Depending on Your Pricing Plan You are allowed to add a several Sub-Users and, in this way, use the System for several devices.
3.3 The use of System functionalities may require some actions from You, such as making changes to browser settings which will be described to You in detail in the Account and/or via the System.
4. TRIAL PERIOD
4.1 Company offers to use the System on a free trial basis for a 7-days period, provided that only 200 gigabytes (GB) of bandwidth are included unless otherwise is specified on the Website. During this period You may evaluate the System and make decision regarding certain Pricing Plan purchase.
4.2 You hereby acknowledge and agree that You may only use the System under the terms of trial section of these TOS and within the scope specified hereinabove, in Your Account and/or within the System.
4.3 Before the start of free trial You will be required to register an Account. Please pay attention that free trial option is accessible only for new Users and one User may take advantage of the free trial period only once. You may not create more than one Account for the purpose of extension of free trial period. We reserve the right to cease providing the free trial at any time in case of duplicated Account detection and/or block duplicated Account, whereupon You will no longer have access to the functionality of the System provided under the free trial and the only way to use the System will be purchasing a certain Pricing Plan. The Company reserves the right to completely restrict access to the System.
4.4 Before the expiration of a trial period, You will be required to provide us with your preferred payment method, payment details and suitable Pricing Plan. Then your access to the System will automatically continue after trial period expiration and You will be billed the Fees applicable for selected Pricing Plan using the payment method You provided.
4.5 We may send you a reminder when your trial is about to end, but we do not guarantee any such notifications. It is ultimately your responsibility to know when the trial will end, if You do not wish to continue to use the System and be charged for its use.
4.6 If You do not wish to continue to use the System, You shall cancel your subscription before the end of the trial period and receive confirmation, otherwise, You will be charged according to the selected Pricing Plan, even if You do not use the System, and/or will be completely restricted in access to System in case the automatic charge for the Pricing Plan could not be made (payment in cryptocurrency, lack of funds on the provided payment instrument or etc.).
5.1 In order to get access to the functionalities of the System Users are required to select the Pricing Plan and pay respective Fees in advance using the functionalities of the System. You may choose monthly, annual subscription or another type of subscription provided within the System.
5.2 The amount of Fees depends on the Pricing Plan the User selects. Pricing Plans and respective Fees rates, detailed payment terms are provided within the System and open for User’s familiarization. Pricing Plan is limited by the number of available GBs and may also differ in other characteristics such as the number of permissible Sub-Users, countries or other characteristics. In most Pricing Plans traffic (GBs) are non-transferable, this means traffic (GBs) unspent within the pre-paid Pricing Plan cannot be used in the next billing period. The only Pricing Plans that offer the opportunity to transfer unspent GBS in the next billing period are Premium and VIP Pricing Plans unless otherwise stated within the System.
5.3 All payments shall be made through the chosen payment method, which can be either paying in cryptocurrency or payment trough Payment Processors. Payment Processor may offer making payment either in cryptocurrency or in fiat money. Detailed information will be provided to you on the Website.
5.4 Your subscription will be auto-renewed and the Fees will be deducted through the chosen payment method before the start of each new month/year until You cancel your subscription. Please be aware that in case of autorenewal You will be charged even if You do not actually use the System. Please note that if You pay in cryptocurrency, autorenewal option is not available and Company cannot deduct the Fees from Your cryptocurrency wallet automatically. The Client is obligated to manually initiate all the payments on a regular basis upon the expiry of the pre-paid Pricing Plan using the functionalities of the System.
5.5 Unless otherwise is stated in Your Pricing Plan, all Fees due for the System use are payable on the first day of use and then all the Fees will be charged upfront for the next period. You will be billed according to the calculation of the cost of Pricing Plan and the amount of additional traffic (GBs) not included within the selected Pricing Plan but used by You during the period to be billed for, as applicable. Payments for additional traffic will be paid afterwards.
5.6 All the amounts of Fees due to the Company will be reflected in the Account, herewith all due sums will be shown in fiat currencies to avoid excessive payment or underpayment because of the constantly changing cryptocurrency exchange rate.
5.7 In case of making payments in cryptocurrency, the Company reserves the right to ask the Client to extra pay and make one more transaction, if the amount of certain cryptocurrency transferred by the Client to the Company as a Fee at the moment of receipt by the Company is less than the fixed amount of fiat currency reflected in the invoice. In this case the Client is obligated to gross up the due sum of cryptocurrencies to the sum equivalent to the fixed amount of fiat currencies due to the Company.
5.8 If the Fees due may be not for any reasons charged automatically by the Company and the invoice provided by the Company is not paid in full within the period specified in such invoice and/or via the System, Company reserves the right to suspend Your use of the System. After ten (10) calendar days following the suspension, the Company reserves the right to delete the User’s Account, terminate these TOS, as well as any other relation between the Parties regarding the use of the System.
5.9 The Fees rates do not include VAT, sales taxes or other taxes and charges due to be paid in accordance to your local legislation or requirements to the international laws and bilateral interstate agreements. The Client shall be responsible for payment of all such applicable taxes, levies, duties, and commissions. You should note that the final amount payable to us stated in the invoice or automatic debit may include such taxes and charges. The charging of such commissions, if any, is also regulated by the agreement between Payment Processors and You.
5.10 The Company reserves the right to refuse to accept the order for chosen Pricing Plan and the payment at any time for reasons including but not limited to: System non-availability, errors in the description of Pricing Plan or Fee rate, errors in Your order (lack of any necessary information), suspicion of fraud or an unauthorized or illegal transaction.
5.11 The Company hereby reserves the right at its own discretion to amend the Fee rates (including increasing the Fees rates) and payments terms at any time without prior notification of the Clients. The amended Fees rates and payments terms become applicable upon their publication in the System.
5.12 In case You do not agree to the amended Fees rates and/or payments terms You need to cease Your use of the System after the paid period and do not make any upcoming payments.
6.1 There are no refunds for termination or cancellation of the Pricing Plan. If the User no longer wishes to subscribe to a System, it is User’s responsibility to cancel in due time. All incurred charges are final and non-refundable, except at our sole discretion and in accordance with the rules governing the System.
6.2 As an exception to the above stated rule, each User is entitled to return the money in the amount equal to the amount of unspent GBs, provided that 1 unspent GB shall be equal to 3 (three) USD. This is applicable only for the refund of the first 72 (Seventy-two) hours after the moment of last payment (not after the initial Pricing Plan purchase). For the money return by default, we will use the same payment method that You selected for making the Fees, but You can change the settings and choose another method (cryptocurrencies or fiat currencies). You may ask for such refund regardless of the fact of actual use.
6.3 System is provided on the basis of "AS IS" or "AS AVAILABLE" principle without any directly or indirectly expressed guarantee. Some of its features and functionalities may change at any time, and we cannot guarantee any specific feature will be available for the entire subscription period and this also may not be considered as the reason for refund.
7. REFERRAL PROGRAM
7.1 Each Client may be remunerated for the bringing of a New Client on the terms defined below. The Company pays to the Client per New Client’s actions, such as click to the referral link, New Client Registration and purchase of Pricing Plan as specified hereunder.
7.2 Each Client shall use the referral link that may be found in the Client’s Account which may be shared with unlimited number of people who are not already use the System (“New Client”).
7.3 If the New Client clicks the referral link shared with him and go to the Website, and/or register to the System using the referral link and/or purchase Pricing Plan, the Client received Bitcoins in the amount defined by the Referral Programs’ terms that may be found in the System.
7.4 Each New Client action (visiting Website, Registration, purchasing Pricing Plan) with the referral link is recorded by Tracking system and shall pass anti-fraud check. Some of the actions may not pass Company’s anti-fraud check and, therefore, shall not be paid by the Company, including but not limited to installs: (i) generated by means of device emulators, program and robot; (ii) manually created in bad faith by the User or on its behalf/order; (iii) a result of any error or fraudulent activity; (iv) not consistent with the details of these TOS or terms of Referral Program accessible in the System; (v) performed in violation of terms and conditions of these TOS or the applicable laws.
7.5 Client remuneration under Referral Program shall be calculated based on the number of New Clients’ clicks, Registrations and purchases which have passed the Company’s anti-fraud check. The Company is not obligated to discover the methods and algorithms of anti-fraud check. The Client agrees that clicks, Registrations and purchases that have not passed anti-fraud check are not payable and shall not have any effect on the total remuneration amount under any circumstances.
7.6 Number of New Clients’ clicks, Registrations and purchases is provided to the Client by the Company based on the results given by the Tracking System and is reflected in the Account. The Parties agree to use the Tracking System as the most reliable source of the information used for calculating the remuneration under the Referral Program.
7.7 Remuneration per each New Client’s action shall be reflected in the Account, as well as the current total amount of remuneration due to the Client under the Referral Program.
7.8 All payments shall be made on the monthly basis in Bitcoins to the Client’s Bitcoin wallet according to the wallet details provided by the Client in the Account. If taxes or any other fees are due, the Company will deduct it from the amount to be paid.
7.9 Company reserves the right to withhold or reduce any payment to Client at any time in the event that Client breaches any material term of these TOS or Company is placed on notice that Client, in connection with TOS, has violated any other entity's terms or conditions or any applicable law or regulation.
7.10 The Client shall promote the System and distribute the referral link accurately and fairly and shall protect and preserve the goodwill and image of the Company and the System, Client shall not distribute the link in a way that may affect Company’s reputation, use deceptive, misleading, or unethical practices, make false or misleading statement about the Company, the System or Referral Program.
8. PROHIBITED USES
By using System, You represent and warrant that the System will be used by You and any Sub-Users only for lawful purposes and in accordance with these TOS.
You agree not to use the System:
In any way that intentionally interfere with or damage operation of the System or anybody’s use of the System, by any means, including distribution of cracking, warez, ROM, virus, adware, worms, trojan horses, malware, spyware or any other similar malicious activities and products or any other computer code, files or programs designed to interrupt, hijack, destroy, limit or adversely affect the functionality of any computer software, hardware, network or telecommunications equipment;
In any way that intends to cause any network resource to be unavailable to its intended users, including, without limitation, via “Denial-of-Service (DoS)” or “Distributed Denial-of-Service (DDoS)” attack;
In any way that violates any applicable national or international law or regulation;
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise;
For the purpose of sending spam advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation in violation of applicable laws;
In any way that infringes upon the rights of others, including copyrights and other proprietary rights, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity that may harass, abuse, insult, harm, defame, slander, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information;
For the purpose to impersonate or attempt to impersonate Company, a Company’s employee, another user, or any other person or entity;
For the purpose to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of System, or which, as determined by us, may harm or offend Company or users of System or expose them to liability;
For the purpose to attempt to circumvent any use restrictions;
Use any automatic technologies to access the System for any purpose.
9. REPRESENTATIONS AND WARRANTIES. DISCLAIMER
9.1 The Client represents and warrants that:
if the Client is a legal person, Client’s representative has all requisite corporate power and authority necessary to execute and deliver these TOS;
if the Client is a natural person, he has reached the minimum age required to enter and duly fulfill his obligation under these TOS;
the execution, delivery and performance by the Client of these TOS do not and will not violate any law, including the Executive Order No.13224 and Title 3 of the USA Patriot Act (if the Client is registered in USA);
all data and information submitted to the Company is true, accurate and correct;
Client will avoid any prohibited use specified in these TOS;
Client will not (and will not authorize any third party) generate automated or otherwise fraudulent New Clients’ actions or use any other means in bad faith for the purposes of increasing the total remuneration under the Referral Program.
9.2 Company warrants that all provided Residential Proxies are whitelisted and workable, the rest of System’s functionalities are provided “as is” or “as available”, any Company’s warranties related to the System are limited to the warranties set forth herein and in relevant documentation in the System, the foregoing warranties are expressly contingent upon the System strictly in accordance with the guidelines contained in such documentation. To the maximum extent permitted by law, the Company disclaims all other warranties, either express or implied, including implied warranties of merchantability or fitness for a particular purpose. The Company does not warrant that System will meet Client’s requirements and will be fully secure, reliable and error-free. Any obtained Pricing Plans are at Your own sole risk.
9.3 The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
10. REPRESENTATIONS AND WARRANTIES. DISCLAIMER
10.1 In the event of failure to comply and/or improper fulfillment of the obligations under these Terms, the Parties shall be responsible in accordance with the provisions of these TOS and the applicable laws.
10.2 The Client shall take full responsibility to get acknowledged with the current legislation of the Client’s residence, regulating the bitcoin payments and use of bitcoin wallet and any other cryptocurrency. The Company shall not be liable for any breach of the national laws by the Client. The Client shall repay to the Company the damages incurred as a result of any damages charged from the Company due to the Client’s violations of the applicable laws related to bitcoins or other cryptocurrencies regulation.
10.3 The Client shall reimburse the Company’s losses and pay compensations to the Company as well as indemnify the Company, his affiliates, cooperation partners and subcontractors against any claims or damages, costs or expenses (including expenses for legal support, penalties or forfeits) resulting from (a) violation by the Client of these TOS; (b) violation of applicable laws and regulations.
10.4 As specified in clause 9 of these TOS, the System and any content and functionalities related to it are provided on the basis of "AS IS" or "AS AVAILABLE" principle without any directly or indirectly expressed guarantee. The Company disclaims all guarantees to the extent possible under applicable law. This means that the Company shall not bear liability for indirect damages caused to the Client (e.g. loss of profit), as well as for the damages caused by the change of currency or rates or other investment risks.
10.5 The Company shall in no case be liable for any actions and omissions of third parties involved in the provision of services, including Payment Processors and Third-Party Applications.
10.6 The Company shall not be liable for mistaken payments made under the Referral Program to the wrong Bitcoin wallet or made as a refund or for any delay in making payment resulted from Client’s mistake in the provided wallet details.
10.7 Notwithstanding any provision to the contrary herein, the liability of the Company to the Client for any claim whatsoever related to these shall not exceed the sum of one Pricing Plan purchased by the Client, during the period of validity of which the violation occurred.
11. INTELLECTUAL PROPERTY
System, its content and functionalities are and will remain the exclusive property of the Company. System is protected by copyright, trademark, and other laws of and foreign countries. Our properties may not be used in connection with any product or service without the prior written consent. For avoidance of doubt, these TOS do not transfer any right, title or interest to System, Company’s trademarks, Website or any other Company’s intellectual property related to them (including the intellectual property rights to logos, brands, software, databases, news, messages, texts, graphic, musical and other design). All of these shall remain the exclusive property of the Company.
12. PERSONAL DATA
12.2 Any User’s activity using the Residential Proxy is not logged, which means that we have no notion about the webpages visited by the Users or any actions on such webpages.
13. THIRD-PARTY APPLICATIONS
13.1 Third-Party Applications may include the Payment Processors services and any other services, information and links on which in any form are provided within the System. These applications are provided by external service providers that are not related to the Company. Any information on the Third-Party Applications and the links to websites/platforms are provided exclusively for the information purposes and in no case shall be regarded as recommendations to use such Third-Party Applications.
13.2 Any Third-Party Applications are the subject to respective agreements between Third-Party Applications and You and may not be regulated by these TOS. It is Clients' sole responsibility to use such Third-Party Applications. In no case Company shall bear any liability for the losses of the Clients derived from the use of the Third-Party Applications.
13.3 Any fees due to Third-Party Applications shall be paid separately according to the terms of respective user agreements of such Third-Party Applications.
14.1 Parties shall not disclose Confidential Information to any third party. The Company guarantees and ensures confidentiality of the information on the Client and operations executed by it. This information will be used only to the extent necessary to achieve the purposes of these TOS.
14.2 If disclosure of Confidential Information is required according to the applicable law, such disclosure shall not be considered a violation of these TOS.
14.3 The Parties may disclose Confidential Information to the natural or legal person solely as necessary and limited to the purpose of execution of these TOS, provided that such natural or legal person shall abide the same confidentiality provisions.
15. COMMUNICATION BETWEEN THE PARTIES
15.1 At Registering or after the Client shall be obliged to provide the Company with trustworthy information for communication with the Client. The Client shall be responsible for keeping the specified data updated at all times. Upon submitting to the Company the Client’s contact information the Client agrees to receive information via above-mentioned channels.
15.2 The Company is not responsible for Client’s failure to receive notice, if email is quarantined by his email security system (e.g., “junk” or “spam” folder) or if the Client fails to update the email address. Notice will be considered received twenty-four hours after it is sent if transmitted via email or mail. In the event that notice is provided via the interface of the System, then it will be considered received twenty-four hours after it is first displayed.
15.3 The Client may chat the Company via the interface of System, send the email to the Company on the contact addresses provided in the System. Any answers send to the Client through the same channels as the Clients’ question shall be considered valid and properly provided.
15.4 The answers are to be considered during the Company’s business hours and answers shall be given within the reasonable time from the moment of message/email receipt, provided that such message/email was sent from the Account/email registered in the System.
15.5 Any communication between the Client and the Company and answers given/information sent to the Client shall not constitute consultations, or advice, an offer or recommendation.
16. TERM AND TERMINATION
16.1 These TOS shall be in effect for an indefinite period of time until terminated in accordance with the provisions stated below.
16.2 The Client may delete the Account at his discretion at any time if the Client does not have any unfulfilled obligations to the Company. Any obligations of the Parties created prior to the date of deletion of the Account shall retain until they are fully executed.
16.3 The Company shall have the right to limit or cancel the Client’s right to use the System and close the Account, as well as to terminate these TOS at any time without advance notice if it appears that: the Client violates or has violated these TOS or any other Client's obligations;
the Client has submitted to the Company data and/or information that is incorrect, misleading and/or inaccurate;
the Client behaves upon using the System in bad faith, without dignity, illegally or in contradiction with the moral standards recognized in the society and/or uses the System in the ways specified in clause 8 of these TOS;
the Company has discovered a circumstance based on which there may be a suspicion that third not authorized parties have gained possession of the data and devices allowing logging into the Account and the Account could be used by an unauthorized person;
the Client does not accept a new version of TOS upon first logging into the System after the new version of TOS has been made available on in the System;
the Client, despite receiving the relevant request of the Company, does not submit documents or information that are necessary to perform the Company’s due diligence obligations in accordance with the applicable law/requirements of third parties.
16.4 Upon TOS termination, Client shall immediately stop the distribution of referral link.
16.5 Notwithstanding any provisions to the contrary herein, termination shall not release the Parties of their respective obligations which by the terms hereof or in context are to survive termination (including confidentiality provisions).
17. DISPUTES RESOLUTION
17.1 Any disputes between the Company and the Client shall be subject to resolution by way of negotiations.
17.2 Any complaints shall be reviewed and answered by the Company within 15 (fifteen) working days. If the complaint cannot be replied to within the aforementioned time due to its complexity or the necessity to clarify additional circumstances, the Client who filed the complaint will be notified of it as well as of the term during which the complaint will be replied to.
17.3 If the Parties fail to reach an agreement, any court action between the Parties shall be resolved in the courts at the place of registration of the Company which has exclusive jurisdiction for resolving disputes arising under the Terms.
18. DISPUTES RESOLUTION
18.1 The Company has a right to unilaterally amend these TOS by publishing the updated text in the System. The Company may notify the Client of the changes through the Account and/or System.
18.2 The Client agrees to the changed TOS by continuing to use the System. The Client undertakes at own risk to keep himself/herself updated with the TOS amendments, and do the following: (i) to memorize/make a note of the date of last update provided in the TOS (e.g., to save a copy of the TOS, etc.) upon the initial registration of the Account and any time after the amendment, (ii) to visit on a regular basis the relevant page of the System Website and study the entire document of amended TOS in case of change in the update date. In case the Client does not agree to any of the amendments on the TOS, the Client shall immediately terminate use of the System.
19. FINAL PROVISIONS
19.1 The relations between the Company and the Client shall be governed by the laws of British Virgin Islands.
19.2 A Client shall not transfer any rights or obligations under these TOS to any third party.
19.3 If any provision of these TOS is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
19.4 These TOS have been drafted in the English language and may be translated in other languages. Nonetheless, the English version of these TOS is the governing version and shall prevail whenever there is any discrepancy between the English version and any other version.
20. CONTACT US
Feel free to send your feedback, comments, and queries for technical support to [email protected].