💼Terms of Use

GOMASKME

These Terms of Use ("Terms") govern your access to and use of the virtual private network ("VPN", "GOMASKME ") services (the "Services") provided by GOMASKME - FZCO ("Company," "we," "us," or "our"). By accessing or using the Services, you ("you" or "User") agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

Services

The Services are designed to provide you with a secure and private connection over the internet by routing your internet traffic through our encrypted VPN servers. The Services are intended for lawful and legitimate purposes only, and you agree to use the Services in compliance with all applicable laws and regulations.

Modification

The Company reserves the right to modify, suspend, or terminate the Services, or any part thereof, at any time and without prior notice. We may also update these Terms from time to time, and your continued use of the Services after such updates constitutes your acceptance of the revised Terms.

By using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and our Privacy Notice. If you do not agree with any part of these Terms or the Privacy Notice, you should not access or use the Services.

Eligibility and Authority to Access

By accessing or using our Services and/or Websites, Apps, you affirm and represent that you have attained the age of majority in your jurisdiction, which is eighteen (18) years or older, or that you possess the requisite legal authority to act on behalf of a valid and recognized legal entity. You further affirm that you have the full capacity, rights, and power to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and that you will abide by and comply with them in their entirety.

Your access to and utilization of our Services and/or Websites constitute your explicit acknowledgment and acceptance of your ability to legally bind yourself, or the entity you represent, to the provisions outlined herein, without any limitation or reservation. Should you lack the necessary age or legal authority, you are strictly prohibited from accessing or using our Services and/or Websites or Apps.

Maintaining Accurate Account Details

You agree to keep your account information accurate by notifying Company of any updates or changes as needed while utilizing our Services. You commit to informing us within five (5) business days of any modifications to the information you initially provided for your account. Failure to respond within five (5) business days to any inquiries made by Company to verify the validity of the information you have supplied will constitute a material breach of this Agreement. If you provide any information that is inaccurate, outdated, false, misleading, or incomplete, or if Company has reasonable grounds to suspect that the information you have provided is inaccurate, outdated, false, misleading, or incomplete, we reserve the absolute right, at our sole discretion, to terminate our Services and close your account.

Subscription and Pricing

The Services are provided on a subscription basis, and access to the Services is granted upon payment of the applicable subscription fees. By subscribing to the Services, you acknowledge and agree that you have had the opportunity to review the subscription details, including the pricing, features, and any applicable conditions or limitations, which are presented to you at the time of purchase.

The Company reserves the right to modify, change, or discontinue the subscription plans, pricing, and features of the Services at any time and at its sole discretion. We may also introduce new subscription plans or services at any time. Any changes to the pricing or subscription plans will be effective immediately upon posting, and your continued use of the Services after such changes constitutes your acceptance of the new pricing or subscription terms. The Company shall not be obligated to provide advance notice of any such changes or modifications.

You agree to pay all applicable fees and charges for the Services you have subscribed to, in accordance with the payment terms and methods presented at the time of purchase. Failure to make timely payments may result in the suspension or termination of your access to the Services.

It is important to note that the subscription details, including pricing and features, may vary based on your location, the specific subscription plan you choose, and any promotional offers or discounts that may be available at the time of purchase. We recommend carefully reviewing the subscription details before making a purchase.

Auto-Renewal

Upon the expiration of your initial Service period, your Subscription will seamlessly transition into an auto-renewal mode, ensuring uninterrupted access to our offerings. Unless you choose to opt-out of the automatic renewal process before the upcoming billing cycle, your Subscription will be renewed for successive Service periods of equivalent duration.

The renewal process will occur on the predefined dates, aligning with the conclusion of your current Service period. Should you decide to continue with the Subscription, the payment method you have designated will be charged the applicable renewal fee, reflecting the then-current pricing for the upcoming Service period.

It is your responsibility to take proactive action and cancel the automatic renewal if you wish to discontinue the Subscription after the current Service period expires. Failure to do so will be interpreted as your consent to the renewal, and the associated charges will be applied to your chosen payment method without further notice.

This auto-renewal mechanism has been implemented to provide you with a seamless and uninterrupted experience, ensuring that you can enjoy our Services without disruption. However, should you desire to terminate the Subscription at any point, you maintain the flexibility to do so by following the appropriate cancellation procedures outlined in our policies.

Subscription Cancellation

We understand that circumstances may change, and you retain the right to cancel your Subscription (effectively disabling the auto-renewal feature for upcoming Service periods) at any time. However, please note that any cancellation request will not entitle you to a refund for the remaining unused portion of the current Service period.

You can initiate the cancellation process by following the instructions provided in your account management portal or by contacting our customer support team. Our representatives will guide you through the necessary steps to discontinue your Subscription effectively.

Privacy and Data Collection Practices

We place great emphasis on safeguarding and respecting our customers' privacy. We strive to ensure that our customers remain anonymous while utilizing our service, and we collect only the minimal amount of information necessary.

For detailed information on the data collected and its usage, please refer to our comprehensive Privacy Policy.

No-logs Policy

We recognize that preserving privacy is the cornerstone of a truly secure virtual private network service. We understand that individuals have legitimate reasons to safeguard their privacy and the confidentiality of their data. As such, we uphold an unwavering no-logs policy for our VPN Services, ensuring that your online activities remain private and anonymous.

Our VPN Services operate through a fully automated process, without any monitoring, recording, logging, storing, or sharing of your data with third parties. Your online activities while using our Services are never tracked, captured, or passed on to anyone, safeguarding your digital footprint and protecting your privacy.

We remain steadfastly committed to upholding the highest standards of privacy and anonymity, ensuring that our VPN Services provide you with a secure and private online experience, free from prying eyes or data collection.

To reinforce our commitment to privacy, we want to explicitly state that we DO NOT LOG any user activity (such as websites visited, DNS lookups, emails, etc.).

Here is the information we collect and the reasons behind its collection:

Personal Information:

VPN-Specific User Identifier: We create a unique user identifier specific to our VPN service, which is shared with our upstream provider for the following purposes:

1. Provisioning the product

2. Auditing sales and usage

3. Troubleshooting

This user identifier allows us to identify specific customers for the purposes of resolving technical issues and gathering feedback/feature requests for product improvement.

Non-Personal Information:

Anonymized and/or non-personal data is collected for two primary purposes:

1. Basic analytics, such as product analysis and improvement. This information is linked to the user identifier but is not shared externally. We employ a third-party processor to generate this analytical data for us.

2. Analysis of crash data and service issues. We utilize a third-party tool to capture this information when incidents occur. If a customer experiences a service issue, we use the user identifier to retrieve the relevant crash data and work with our upstream provider to resolve the problem.

Service Availability, Performance, and Limitations

The actual service coverage areas, speeds, locations, and quality may vary. Our service strives to be available at all times, except for limited periods reserved for maintenance and repairs. However, the service may experience unavailability due to various factors beyond our control, including emergencies, third-party service failures, transmission issues, equipment or network problems or limitations, interference, signal strength fluctuations, and may be interrupted, refused, limited, or curtailed. We do not assume responsibility for data, messages, or pages that are lost, undelivered, delayed, or misdirected due to interruptions or performance issues with the service or associated communication services or networks (e.g., T-1 lines or the Internet). At our sole discretion, we may impose usage or service limits, suspend the service, or block certain types of usage to protect our users or the service itself. Network speed is an estimate and does not indicate the actual speed at which your device or the service sends or receives data. Actual network speed will vary based on factors such as configuration, compression, network congestion, and others. We do not guarantee the accuracy or timeliness of data received; delays or omissions may occur.

License Policy

To leverage the full capabilities of our Services, you may be required to download and install our proprietary Software onto a compatible device under your ownership or control. The term "Software" encompasses any mobile and desktop software applications, as well as any accompanying documentation, releases, updates, enhancements, or revisions provided by Company for the express purpose of enabling your use of the Services.

Subject to your strict compliance with the terms and conditions set forth in these Terms, Company grants you a limited, revocable, non-exclusive, personal, non-transferable, non-sublicensable, non-assignable, and fixed-term license (the "License") to download, install, and use a single copy of the Software on a compatible device that you own or control. This License does not confer any other rights or licenses, express or implied, with respect to the Services and/or Software, except as explicitly stated herein.

It is important to note that the License granted to you is subject to limitations and restrictions. You acknowledge and agree that you shall not engage in any actions that violate the terms of the License, including but not limited to unauthorized copying, modification, distribution, or reverse engineering of the Software. The License is granted solely for your personal and non-commercial use of the Services and shall automatically terminate upon any breach of these Terms or the expiration of your Subscription.

Reasonable Use Policy

Our service does not impose any limits on bandwidth or data usage per user. However, the utilization of our service is subject to reasonable use guidelines. Activities such as creating automated or manual VPN sessions in a manner that mimics bot behavior, exerting excessive load on the network that may disrupt other users' experience, utilizing substantially excessive bandwidth that significantly exceeds the average user's bandwidth consumption for an extended duration, or similar actions, are considered unreasonable usage of the network. We reserve the right to temporarily suspend or permanently terminate the accounts of users found to be engaging in unreasonable use of our services.

Intellectual Property Rights and Derivative Works

Except as otherwise specified herein, all right, title, and interest in and to (i) registered and unregistered trademarks, service marks, and logos; (ii) patents, patent applications, patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof, whether existing now or filed, issued, or acquired in the future; (v) registered and unregistered copyrights, including, but not limited to, any forms, images, audio-visual displays, text, software, and (vi) all other intellectual property, proprietary rights, or other rights related to intangible property, which are used, developed, comprising, embodied in, or practiced in connection with any of the Services identified herein ("IP Rights"), are owned by Company or its third-party partners. You agree not to claim any interest or ownership in any such IP Rights. You acknowledge that no title to the IP Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Services, other than the rights expressly granted in this Agreement. To the extent that you create any Derivative Work (any work based upon one or more preexisting versions of a work provided to you, such as an enhancement, modification, revision, translation, abridgement, condensation, expansion, collection, compilation, or any other form in which such preexisting works may be recast, transformed, or adapted), such Derivative Work shall be owned by our company, and all right, title, and interest in and to each such Derivative Work shall automatically vest in our company. Company shall have no obligation to grant you any right in any such Derivative Work.

Service Fees and Payment Terms

All fees for the Services shall be due and payable in advance, prior to the utilization of such Service, unless otherwise specified, such as in the case of a free trial period offer, if any. Fees for renewal periods following the Initial Term shall be due immediately on the first day of such renewal period.

If you have opted for a monthly payment plan, your monthly billing date will be determined based on the day of the month on which you purchased the Services. If you have signed up for an annual (or longer) payment plan and have selected the automatic renewal option, Company will automatically renew your Services upon their renewal date and will charge the designated payment method at our then-current rates.

Disclaimer of Warranties; Limitation of Liability

The Services offered by Company are provided on an "as is" basis, and we expressly disclaim any and all warranties, whether express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted or authorized by law. Without limiting the foregoing, Company does not warrant that the Services will meet your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error-free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data resulting from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from Company shall create any warranty not expressly stated herein. You agree that Company will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (ii) interruption of business; (iii) access delays or access interruptions to the website(s) provided through or by the Services; (iv) loss or liability resulting from acts of God; (v) data non-delivery, mis-delivery, corruption, destruction, or other modification; (vi) events beyond the control of our company; (vii) the processing of your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of your account identifier or password.

In no event shall Company be liable for any or all direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption), however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise), arising in any way out of the use of the Services, even if Company is aware of or has been advised of the possibility of such damages.

You specifically acknowledge and agree that any cause of action arising out of or related to Company or the Services provided by Company must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

You further specifically acknowledge and agree that in no event shall our company's total aggregate liability exceed the total amount paid by you for the particular Services that are the subject of the cause of action.

The foregoing limitations shall apply to the fullest extent permitted by law and shall survive any termination or expiration of these Terms of Service or your use of Company or its Services offered.

No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of our company.

Indemnification

You agree, at your own expense, to indemnify, defend, and hold harmless Company, its parents, subsidiaries, and affiliates and their officers, directors, employees, agents, distributors, and licensees from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys' fees, expert witness fees, and expenses) incurred in, arising out of or in any way related to (i) your breach of these Terms; (ii) your (or any other user's of your Account) use of the Services; (iii) your violation of any applicable laws, rules, and regulations; or (iv) your negligence or willful misconduct. Company shall not be responsible for any delay or disruption to your use of the Services, including any damages stemming therefrom, caused by circumstances falling under this Section.

Prohibited Conduct and Unlawful Activities

You agree to refrain from engaging in, assisting, encouraging, or enabling others to utilize the Services/Websites for any unlawful, illicit, illegal, criminal, or fraudulent activities. This prohibition includes, but is not limited to, the following activities:

- Port scanning, sending unsolicited bulk emails (spam), scanning for open relays or proxies, launching pop-ups, using stolen credit card information, perpetrating financial fraud or cryptocurrency fraud, cloaking, extortion, blackmail, kidnapping, rape, murder, sale of stolen goods or prohibited/dual-use items, offering or selling controlled substances, identity theft, hacking, pharming, phishing, web crawling or scraping (in any form or scale), digital piracy, conducting distributed denial-of-service (DDoS) attacks, harvesting, or any other similar activities that generate large volumes of automated requests over the internet while using the Services, which may negatively impact the provision of our Services to other users.

You acknowledge and agree that engaging in any of the aforementioned activities or enabling others to do so is strictly prohibited and constitutes a violation of these Terms. Company reserves the right to take appropriate actions, including but not limited to suspending or terminating your access to the Services/Websites, in response to any such prohibited conduct.

It is your responsibility to ensure that your use of the Services/Websites complies with all applicable laws, regulations, and ethical standards. Any attempt to circumvent these restrictions or engage in unlawful activities may result in legal consequences and liabilities for which you shall be solely responsible.

In addition, the following categories of activities and content are explicitly prohibited and shall not be accessed or disseminated through the VPN service:

- Material related to pornography, nudity, promotion of illegal sexual activities, human trafficking, prostitution, or content that violates public morals, promotes destructive principles, or corrupts minors.

- Content utilized for deceptive practices, fraud, theft, embezzlement, impersonation, phishing, or dissemination of unauthorized financial or personal information.

- Content containing insults, slander, defamation, or unauthorized disclosure of private information, including medical records, confidential corporate data, or personal details intended for harassment or extortion.

- Content that ridicules, abuses, or harms the reputation of the nation, its leadership, symbols, or institutions, or content that promotes non-compliance with laws, civil disobedience, or threatens national security or public order.

- Content that provokes, promotes, or provides information on committing criminal acts, such as theft, fraud, forgery, violence, abduction, money laundering, smuggling, or other unlawful activities.

- Content related to the promotion, trade, or facilitation of illegal drugs or mind-altering substances.

- Content involving unlicensed medical or pharmaceutical activities, unauthorized distribution of prescription drugs, or promotion of prohibited medical products or services.

- Content that infringes upon intellectual property rights, including unauthorized distribution of copyrighted material, circumvention of protection mechanisms, or dissemination of pirated content.

- Content that promotes discrimination, racism, sectarianism, hatred, or contempt for religions, their practices, or sacred texts, or content that incites apostasy, atheism, or religious conversion.

- Content related to the distribution, promotion, or development of malware, viruses, hacking tools, or activities that compromise cybersecurity or disrupt networks and systems.

- Content used for advertising, promoting, or trading in goods or services that are prohibited or restricted by applicable laws and regulations.

- Content that promotes or provides access to unauthorized communication services as determined by the competent authorities.

- Content related to gambling, betting, lotteries, or other forms of unlawful gaming activities.

- Content associated with terrorist groups, illegal organizations, or activities that incite, encourage, or enable terrorist acts, extremist ideologies, or the commission of crimes against the nation or its interests.

- Top-level domains on the internet allocated for purposes that violate the laws of the nation, regardless of the website's content.

- Content primarily used to engage in any other activities that contravene the laws and regulations of the nation, not covered in the aforementioned categories.

Please note that this list is not exhaustive, and Company reserves the right to update or modify these guidelines as deemed necessary to maintain a secure and lawful online environment.

Governing law and Dispute resolution

These Terms shall be governed by and construed in accordance with the laws of Dubai, UAE, unless otherwise expressly provided. All disputes and controversies arising out of or in connection with Services and these Terms shall be submitted to any court of Dubai, as the Court of the first instance.

If any portion of these Terms shall be deemed invalid, void, or for any reason unenforceable, such portion shall be deemed severable and shall not affect the validity and enforceability of any remaining portion.

Severability

If any provision of the Terms of Use is found to be unenforceable or invalid by any competent authority, that provision shall be limited or eliminated to the minimum extent necessary so that other provisions of the Terms shall otherwise remain in full force and effect and enforceable.

Contact and Support

If you have any questions, issues, or concerns regarding our VPN Services, or if you need assistance with your account or subscription, please don't hesitate to contact our dedicated support team. We are committed to providing prompt and helpful support to ensure your satisfaction with our Services.

You can reach our support team by sending an email to [e-mail].