Last updated 27th January 2021

1. General Information

These Terms and Conditions (“Terms”) is our terms of services that explicitly set out and govern our relationship with users and any others who interact with services provided by CyberCat (hereinafter referred to as “CyberCat, CyberCat VPN, we, us or ‘the service provider”) These Terms constitute the entire agreement between you (from here on referred to as the “User” or “Customer”) and Service Provider concerning the User’s use of the Service Provider’s mobile application (hereinafter referred to as the “App”). When a user downloads or otherwise accesses the App, the user agrees to be bound by the following Terms which are a binding contract between the Service Provider and the User. If you do not agree with these Terms or any of the changes made to these Terms over time, you should not download the App or you should stop using the App immediately.

2. Responsibilities of the Service Provider

The App, including all content on or available through the App, is provided on an ‘as is’ basis and the Service Provider does not warrant, guarantee or make any representations of any kind, whether express or implied, in respect to the functionality of the App or any of its content.  In particular, but without limitation, the Service Provider does not give any warranty as to the accuracy, suitability, reliability, completeness, performance, fitness, freedom from viruses or timeliness of the content contained on the App.

While CyberCat VPN will strive to ensure that the App is normally available 24 hours a day, the Service Provider shall not be liable if for any reason the App is not available at any time or for any period. Access to the App may be suspended temporarily from time to time and without notice in the case of system failure, maintenance or repair or for any reason beyond our control or if the Service Provider deems it necessary.

For example, among other aspects, the Service Provider does not accept any responsibility to the User for:

2.1 – Any loss or liability which may be suffered or incurred by the User as a result of any suspension of, or interruption to, the operation of the App;

2.2 – Any malfunctions of any internet access service provider or mobile network service provider which cannot reasonably be considered to be under the Service Providers control and that may affect the accuracy or timeliness of the material the User accesses via the App;

2.3 – Any losses or delays in transmission of messages or material the User accesses arising out of the use of any internet access service provider or mobile network service provider or caused by any browser or other software which is not under our control;

2.4 – Viruses that may infect the device on which the User is using the App, or other property on account of the User’s access to or use of the App, or the User accessing any materials on the App;

2.5 – Any unauthorized use or interception of any information in any of the User’s devices that are connected to the App or are directly used regarding the usage of the App;

2.6 – Any content provided by third-parties.

3. Responsibilities of the User

Age. If you live in a country in the European Union (EU), under GDPR guidelines, you must be at least 16 years old to use our Services or such greater age required in your country to register for or use our Services. If you live in any other country except those in the European Union, you must be at least 13 years old to use our Services or such greater age required in your country to register for or use our Services. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have legal authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.

While using the App the User acknowledges that he/she are responsible for and obliged to:

3.1. Use the App for personal use only. The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorized purpose; when using the App the User must comply with all applicable Estonian laws and with any applicable international laws, including the local laws in the User’s country of residence;

3.2. Not use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement or to attempt to gain unauthorized access to the App or any networks, servers or computer systems connected to the App or to modify, adapt, translate or reverse engineer any part of the App or reformat or frame any portion of the App;

3.3. Maintain the confidentiality of his/her password and account email login or any other information that may give third persons the access to the User’s device(s) that are equipped with the App or can provide access to the device(s) that are equipped with the App;

3.4. Notify the Service Provider immediately of any unauthorized use of User’s password or account email login or any other breach of security;

3.5. Provide true, accurate, current and complete information about the User when registering to download or/and using the App;

3.6. Regularly review these Terms so that the User is aware of any changes made to them.

Among else, the User will be held fully responsible for maintaining the confidentiality of their password and other account login information, and are fully responsible for all activities that occur under User’s account, password or other login information. The User agrees to indemnify the Service Provider or any third-parties in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of the User’s use of the App other than in accordance with these Terms or applicable laws.

4. Changes to these Terms

CyberCat reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the App to this page. Users continued use of the App will be deemed as an acceptance thereof.

5. Intellectual Property

The copyright in all material contained on, in, or available through the App, including all information, data, text, sound, photographs, graphics, all source code, software compilations and other material (together referred to as “Materials”) is owned by or licensed to the Service Provider. All rights are reserved. Users can view, print or download extracts of the Materials for their own personal use but they cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without Service Provider’s express permission. The trademarks, service marks, and logos (together referred to as “Trademark”) contained on or in the App are owned by the Service Provider or third-party partners of the Service Provider. Users cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trademark without the prior written consent of the Service Provider or the relevant third-party partner of the Service Provider.

6. Termination

User accounts on the App can be terminated, user information deleted, and/or accounts permanently blocked in case of any abuses of the current Terms or at the Service Providers sole discretion without any necessary prior notice of such action.

7. Governing Law

These Terms shall be governed and mandated  in accordance with laws of the Republic of Estonia and all the disputes submit under the exclusive jurisdiction of the Estonian Courts.

8. Third-Party Rights

Nothing in this agreement shall be directly or indirectly enforceable by any third-party, nor is it intended to confer a benefit on any third-party, to the extent permitted by local law.

9. Severability

If any provisions of these Terms are held by a court of competent jurisdiction to be invalid or unenforceable, then such provisions shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provisions) and all other provisions shall remain in full force and effect.

10. Contact Information

meow @ cybercatvpn.com