Terms of Service

Effective Date: December 01, 2016

These Terms of Service (“Terms”) govern your use of the www.invizbox.com
website (the “Site”) and the Invizbox devices, VPN and related service (the
“Services”), which are owned and operated by Invizbox (“Invizbox,” “we”
or “us”). Our Privacy Policy is incorporated by reference into these
Terms, and is subject to the provisions of these Terms,. Please read
these Terms carefully before you access the Site or Services, as these
Terms form a binding legal agreement between you and Invizbox.

By accessing the Site or registering for or using the Services, you agree to these Terms in their entirety.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE
THE SITE OR SERVICES. YOUR USE OF OUR SITE AND SERVICES REQUIRES YOUR
ACCEPTANCE OF THESE TERMS AS THEY MAY BE AMENDED FROM TIME TO TIME,
INCLUDING THE POLICIES INCORPORATED BY REFERENCE HEREIN, WHICH INCLUDES
THE INVIZBOX PRIVACY POLICY, WHICH CAN BE FOUND AT WWW.INVIZBOX.COM/PRIVACYPOLICY/.

  1. Changes to the Terms
  2. VPN Service
  3. Authorized User; Your Responsibility
  4. Personal Information
  5. Personal Use; Limited License
  6. Software
  7. SPAM
  8. Fees; Payment Terms
  9. Use of Services
  10. Third-Party Content
  11. Acceptable Use Policy
  12. Copyright Protected Materials
  13. Export Control Laws
  14. Right to Restrict or Terminate Access
  15. Security
  16. Children and Minors
  17. DISCLAIMER OF WARRANTY
  18. LIMITATION OF LIABILITY
  19. Indemnity
  20. General Terms
  21. InvizBox Device Warranty
    1. Changes to the Terms We may add to, change or remove any part of these Terms, at any time
      without prior notice to you other than listing of a later effective
      date than the one set forth at the top of this policy. Such modification
      shall be effective immediately upon posting at the Site. As your next
      visit to a Site or use of the Services may be governed by different
      Terms, we encourage you to look for a new effective date on these Terms
      when you visit the Site or use the Services. It is your responsibility
      to check these Terms periodically for changes. If we make any material
      changes to these Terms, we will endeavor to provide registered users
      with additional notice of any changes, such as at your e-mail address of
      record, when you log-in to your account, or when you log-in to the
      Services.

      Your use or continued use of the Site or Services following the
      posting and/or notice of any changes to these Terms or any other posted
      policies shall constitute your acceptance of the changed Terms or
      policies

    1. VPN Service You understand that we are providing you with a virtual private
      network (“VPN”) service, which includes, but is not limited to, the use
      of servers, transport, routers, IP addresses and other equipment and
      protocols to transmit information over our network (the “System”). You
      agree to abide by these Terms with respect to your use of the Service.
    1. Authorized User; Your Responsibility. You may not access or use the Site or Services if you are unable to
      form a binding, legal agreement with Invizbox. You affirm that you are
      over the age of 18. You assume all responsibility for your use of, or
      access to, the Site or Services.

      Accounts are for single user, individual use only. Any
      non-individual use or multiple-party use is prohibited. For example, the
      following uses are prohibited under this section:

      • Sharing a login between people.
      • Simultaneous logins from multiple IP addresses with the
        exception that we do allow an individual up to five active connections
        to the network per account, mostly, to allow for mobile device use, but
        the connections are prohibited to be used by anyone but the account
        holder.
    1. Personal Information

      4.1.   Accuracy. By
      registering for our Services, you represent and warrant that all
      information you submit to us is true, accurate, current and complete and
      that you will promptly notify us if your information changes.

      4.2.   Privacy. You may browse the
      Site without providing us with any personal information; however, to
      use our Services, you must register with us and submit certain
      personally identifiable information. You expressly agree that we may use
      your information in accordance with the terms of the Invizbox Privacy
      Policy, which you can find and read at www.invizbox.com/privacypolicy/.

    1. Personal Use; Limited LicenseInvizbox grants you a personal, limited, non-transferable,
      non-exclusive license to use Invizbox Site content and the Services,
      solely for your personal, private and non-commercial use in connection
      with the Invizbox Services accessed by you. This license is personal to
      you, and you may not resell our Services, permit other users access to
      our Services through your account, or use the Services or our System to
      host content for others. You may not copy or download any content from
      the Invizbox Services except with the prior written approval of
      Invizbox.

      Furthermore, without the prior written approval of Invizbox, you may
      not distribute, publicly perform or display, lease, sell, transmit,
      transfer, publish, edit, copy, create derivative works from, rent,
      sub-license, distribute, decompile, disassemble, reverse engineer or
      otherwise make unauthorized use of Site content or Services. Any
      commercial use is expressly prohibited. You agree not to remove,
      obscure, or alter copyright, patent, trademark, or other proprietary
      rights notices affixed to the Site. Your rights are subject to your
      compliance with these Terms as well as any other agreements applicable
      to the Invizbox Services you are using.

      Making unauthorized copies or distribution of Site content may
      result in the termination of your Invizbox account, prohibition on use
      of Invizbox Services, and further legal action.

    1. Software The Services may require or allow you to download software, software
      updates or patches, or other utilities and tools onto your computer,
      entertainment system or device (“Software”). Invizbox grants to you a
      non-exclusive, limited license to use Invizbox Software solely for the
      purpose stated by Invizbox at the time the Invizbox Software is made
      available to you and in accordance with these Terms. Your use of the
      Invizbox Software may be subject to the terms of an end-user license
      agreement. You may not sub-license, or charge others to use or access
      Invizbox Software. You may not translate, reverse-engineer,
      reverse-compile or decompile, disassemble or make derivative works from
      Invizbox Software. You may not modify Invizbox Software or use it in any
      way not expressly authorized in writing by Invizbox. You understand
      that Invizbox’s introduction of various technologies may not be
      consistent across all platforms and that the performance of Invizbox
      Software and related Invizbox Services may vary depending on your
      computer and other equipment. From time to time, Invizbox may provide
      you with updates or modifications to Invizbox Software. You understand
      that certain updates and modifications may be required in order to
      continue use the Invizbox Software and Invizbox Services.
    1. SPAMInvizbox enforces a zero-tolerance SPAM policy regarding information
      transmitted through our network. Invizbox may determine in its sole
      discretion whether any transmissions are considered SPAM. SPAM includes,
      but is not limited to, the following:

      • Bulk unsolicited e-mail, promotional material, or other forms
        of solicitation sent via e-mail that advertise any IP address belonging
        to Invizbox or any URL (domain) that is hosted by Invizbox.
      • The use of web pages set up on ISPs that allow SPAM-ing (also
        known as “ghost sites”) that directly or indirectly reference customers
        to domains or IP addresses hosted by Invizbox.
      • Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
      • If Invizbox determines that you have posted one or more
        articles of spam, we may cancel your account immediately and take steps
        to prevent you from using our network at any time thereafter.
    1. Fees; Payment Terms Invizbox may, with prior notice, change the fees it charges you for
      accessing the Services at any time. All prices are quoted for one user
      on one device. You agree that all fees charged by Invizbox for accessing
      the Services will be automatically charged to your payment account on
      file with Invizbox, at the time of any automatic renewal of your
      subscription for Services. To view our current subscriptions, payment
      terms and fees, go to https://accounts.invizbox.com/.
    1. Use of Services Subject to clause 19, Invizbox is not liable for the loss,
      corruption, alteration or removal of any content transmitted using our
      Services or on our System. By using our Services, you expressly waive
      the right to seek damages and agree to hold Invizbox harmless for any
      such loss, alteration, corruption or removal.

      Invizbox may also at any time modify or discontinue, temporarily or
      permanently, all or any part of the Services or your account, with or
      without notice, and you agree that Invizbox will not be liable to you or
      any third party for any such modification, suspension or
      discontinuance. Our Services are not intended to be used in countries
      where offering or providing the Services is illegal, and we do not offer
      the Services in such countries or to citizens of such countries,
      including the countries of Iran, Cuba, North Korea, Syria or Sudan.

    1. Third-Party Content We do not control, and we are not responsible for, any data,
      content, services, or products (including software) that you access,
      download, receive or buy while using the Services. We may, but do not
      have any obligation to, block information, transmissions or access to
      certain information, services, products or domains to protect the
      Services, our network, the public or our users. We are not a publisher
      of third-party content accessed through the Services and are not
      responsible for the content, accuracy, timeliness or delivery of any
      opinions, advice, statements, messages, services, graphics, data or any
      other information provided to or by third parties as accessible through
      the Service.
    1. Acceptable Use Policy You agree to comply with all applicable laws and regulations in
      connection with your use of the Services. You may not use our Services,
      or our Software or System, to post or transmit any illegal material,
      including without limitation any transmissions that would constitute a
      criminal offense, give rise to civil liability, or otherwise violate any
      local, state, national or international law or regulation. In
      particular, the following is a representative, non-exhaustive list of
      acts that are prohibited:

      • The transmission or posting of chain letters or pyramid
        schemes, or other acts that involve deceptive online marketing practices
        or fraud;
      • Sending or transmitting any SPAM over the Services, whether via e-mail, Usenet, or any other communication channel
      • Acts that may materially affect the quality of other users’
        experience, including, without limitation, “spikes” in bandwidth usage
        or using any program/script/command, or sending messages of any kind,
        designed to interfere with a third party customer terminal session, via
        any means, locally or via the Internet;
      • Actual or attempted unauthorized use or sabotage of any computers, machines or networks;
      • Introducing malicious programs into Invizbox’s network or servers (e.g. viruses, worms, Trojan horses, etc.);
      • Engaging in any monitoring or interception of data not intended for you without authorization;
      • Attempting to circumvent authentication or security of any host, network, or account (“cracking”) without authorization;
      • Using any method, software or program designed to collect
        identity information, authentication credentials, or other information
        from the legitimate users of another entity’s website or service;
      • Transmitting or receiving, uploading, using or reusing
        material that is abusive, indecent, defamatory, harassing, obscene or
        menacing, or a breach of confidence, privacy or similar third party
        rights;
      • Transmitting or receiving, uploading, using or reusing
        material that violates any intellectual property rights of a third
        party, including, without limitation, patent, trademark or copyrights;
      • Transmitting or receiving, uploading, using or reusing
        material that includes sexual or explicit depictions of minors in any
        form;
      • Transmitting or receiving, uploading, using or reusing
        material that you do not have a right to transmit under any law or under
        contractual or fiduciary relationships (such as inside information,
        proprietary and confidential information learned or disclosed as part of
        employment relationships or under nondisclosure agreements);
      • Advertising, transmitting or otherwise making available any
        software, program, product or service that is designed to violate these
        Terms;
      • Falsifying header information or user identification information;
      • Using the Services for anything other than lawful purposes
        including, but not limited to, intentionally or unintentionally
        violating any applicable local, state, national or international law; or
      • Impersonating any person or entity, including, but not limited
        to, a Invizbox representative, or falsely stating or otherwise
        misrepresenting your affiliation with a person or entity;
    1. Copyright Protected MaterialsInvizbox respects the intellectual property rights of others and
      expects that you do the same. It is our policy to terminate in
      appropriate circumstances the accounts of subscribers who infringe the
      copyrights of others. You may not upload, download, post, publish,
      transmit, reproduce, or distribute in any way, files, material,
      information, software or other material obtained through the System that
      is protected by copyright or other proprietary right or derivative
      works with respect thereto, without obtaining permission of the
      copyright owner or other right holder. Additionally, you shall not
      upload, download, post, publish, reproduce, transmit or distribute in
      any way any component of the System itself or derivative works with
      respect thereto.
    1. Export Control Laws. The Services and Software may be subject to export control
      restrictions of the United States, the European Union, Canada or other
      jurisdictions. By using the Services or downloading any Software from
      Invizbox, you warrant that you are not located in any country, or
      exporting the Software to any person or place, to which the United
      States, the European Union, or any other jurisdiction has embargoed
      goods. You agree to abide by U.S. and other applicable export control
      laws and not to transfer, by electronic transmission or otherwise, any
      content or Software subject to restrictions under such laws to a
      national destination prohibited by such laws, without first obtaining,
      and then complying with, any requisite government authorization. You
      further agree not to upload to Services any content, data or software
      that cannot be exported without prior written government authorization,
      including, but not limited to, certain types of encryption software. The
      assurances and commitments in this Section shall survive termination of
      these Terms.
    1. Right to Restrict or Terminate Access These Terms shall be automatically renewed for successive one-month
      periods, until canceled by you or by Invizbox. Invizbox may deny or
      restrict your access to all or part of the System without notice in its
      reasonable discretion if it deems that you have engaged in any conduct
      or activities that Invizbox in its reasonable discretion believes
      violates the letter or spirit of any of these Terms. If Invizbox denies
      or restricts your access to the Services because of such a violation,
      you shall have no right to obtain any refund or credit for the
      subscriptions fees you have paid.
    1. Security You acknowledge and agree that you are solely responsible for
      protecting your password and other personal information and for the
      consequences of not protecting these data. Access to the System, our
      Services, the Internet, and to certain online transactions involves the
      use of identification numbers, passwords, payment accounts or other
      individualized nonpublic information (“Private Documentation”). You
      shall use your best efforts to prevent unauthorized use of our Services,
      the System or of any Private Documentation, and shall promptly report
      to Invizbox any suspected unauthorized use or other breach of security.
      You shall be responsible for any unauthorized use of your identification
      numbers or passwords until we receive written notice of a breach of
      security and a request to block further access for such numbers and
      passwords. Invizbox shall not be liable for any unauthorized use of
      payment accounts. Account sharing (e.g. allowing others to use your
      account information to access the Services) is not permitted.
    1. Children and Minors By using our Services, you affirm that you are at least 18
      years of age, or otherwise over the age of majority in the jurisdiction
      in which you reside.
      You understand that the Internet may
      contain information which may be offensive, may be illegal in various
      jurisdictions or may be inappropriate for certain ages and that Invizbox
      is not responsible for detection and removal of such information.
    1. DISCLAIMER OF WARRANTY Actual service coverage, speeds, locations and quality may vary.
      Invizbox will attempt to provide the Services at all times, except for
      limited periods for maintenance and repair. However, the Services may be
      subject to unavailability for a variety of factors beyond our control
      including emergencies, third party service failures, transmission,
      equipment or network problems or limitations, interference, signal
      strength, and may be interrupted, limited or curtailed. Delays or
      omissions may occur. We are not responsible for data, messages or pages
      lost, not delivered, delayed or misdirected because of interruptions or
      performance issues with the Services or communications services or
      networks. We may impose usage or Services limits, suspend the Services,
      or block certain kinds of usage in our sole discretion to protect users
      or the Services. The accuracy and timeliness of data received is not
      guaranteed.

      YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. THE SITE, ALL
      SITE INFORMATION AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS
      AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR
      IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
      MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE,
      QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF
      INFORMATION. INVIZBOX DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE
      AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN
      UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR
      DEFECTS WILL BE CORRECTED. INVIZBOX DOES NOT MAKE ANY REPRESENTATIONS,
      WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF
      THE SITE OR SERVICE, IN TERMS OF THEIR ACCURACY, RELIABILITY,
      TIMELINESS, COMPLETENESS, OR OTHERWISE.

      SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF
      IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN
      IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT
      APPLY TO YOU. IN SUCH EVENT, INVIZBOX’S WARRANTIES AND CONDITIONS WITH
      RESPECT TO THE SITE AND SERVICES WILL BE LIMITED TO THE GREATEST EXTENT
      PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.

    1. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES WILL INVIZBOX, ITS AFFILIATES, EMPLOYEES,
      AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS
      (“Invizbox PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
      DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR
      CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE
      RESULTS OF USE OF OUR SERVICES, SITE OR CONTENT ANYWHERE ON THE
      INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
      NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION
      DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR
      BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE
      USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, OUR SITE
      OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY,
      CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR
      SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO
      DISCONTINUE YOUR USE OF THE SITE AND SERVICES.

      IF, NOTWITHSTANDING THE FOREGOING, ANY OF THE INVIZBOX PARTIES IS
      FOUND TO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS
      ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE,
      SERVICE, SOFTWARE OR ANY CONTENT THEREIN, THE INVIZBOX PARTY’S TOTAL
      CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE
      AMOUNT YOU PAID INVIZBOX FOR YOUR USE OF THE SERVICE; AND (B) THE SUM OF
      ONE HUNDRED (100) EURO.

      SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE
      LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, INDIRECT, EXEMPLARY,
      SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES. IN SUCH STATES OR
      JURISDICTIONS, THE INVIZBOX PARTIES’ LIABILITY TO YOU SHALL BE LIMITED
      TO THE FULL EXTENT PERMITTED BY LAW.

    1. Indemnity You agree to defend, indemnify and hold the Invizbox Parties
      harmless from any claim or demand, including reasonable attorneys’ fees,
      made by any third party arising out of or relating to any violation of
      these Terms by you; any content or material you submit or otherwise
      transmit through our System or Services; or your violation of any rights
      of another. Invizbox reserves the right, at its own expense, to assume
      the exclusive defense and control of any matter otherwise subject to
      defense by you. This Section shall survive termination of these Terms.
    1. General Terms

      20.1.   Entire Agreement.
      These Terms, along with any rules, guidelines, or policies published
      on the Invizbox homepage constitute the entire agreement between
      Invizbox and you with respect to your use of our Site Services. If there
      is any conflict between the Terms and any other rules or instructions
      posted on the Site or Services, the Terms shall control.

      20.2.   Amendments. No amendment
      to these Terms by you by shall be effective unless acknowledged in
      writing by Invizbox. Notwithstanding the foregoing, Invizbox reserves
      the right, in its sole discretion, to modify these Terms or the policies
      referenced herein at any time as set forth above.

      20.3.   Jurisdiction and Venue.
      These Terms shall be governed by, and construed in accordance with, the
      laws of the state of Republic of Ireland, without reference to its choice of law
      rules. Venue for any action arising out of or in connection with this
      agreement shall be in Dublin, Republic of Ireland. The parties each hereby
      consent to the jurisdiction and venue in Dublin, Republic of Ireland and
      waive any objections to such jurisdiction and venue.

      20.4.   Limited Time to Bring Claim.
      Subject to any applicable law to the contrary, you agree that any
      cause of action arising out of or related to the use of our Site or
      Services must be commenced within one (1) year after the cause of action
      accrues, or such action will be permanently barred.

      20.5.   Severability. If any
      portion of these Terms is found to be unenforceable or invalid for any
      reason, that provision will be limited or eliminated to the minimum
      extent necessary so that the rest of these Terms will otherwise remain
      in full force and effect.

      20.6.   Assignment. You may not
      assign its rights or obligations under these Terms without the prior
      written consent of Invizbox, which may be withheld in Invizbox’s sole
      discretion.

      20.7.   Non-Waiver. Invizbox’s
      failure to insist upon or enforce any provision of these Terms shall not
      be construed as a waiver of any provision or right.

  1. INVIZBOX DEVICE WARRANTY The warranty obligations of InvizBox Ltd. for this product
    are limited to the terms set forth below:

    21.1.   What is covered

    This limited warranty covers defects in materials and
    workmanship in this product for a period of 12 months from the
    date of shipping of this product.

    21.2.   What is Not Covered

    This limited warranty does not cover any damage, deterioration or
    malfunction resulting from any alteration, modification, improper
    or unreasonable use or maintenance, misuse, abuse, accident,
    neglect, exposure to excess moisture, fire, improper packing and
    shipping (such claims must be presented to the carrier), lightning,
    power surges, or other acts of nature. This limited warranty does
    not cover any damage, deterioration or malfunction resulting from
    the installation or removal of this product, any unauthorized
    tampering with this product, any repairs attempted by anyone
    unauthorized by InvizBox Ltd.What is Not Covered (contd.) :
    Any attempt to alter the functionality of the InvizBox beyond it’s
    original use will render this warranty void. This is to include (but
    not limited to) any remote shell based access to the router to
    perform tasks not directly authorised in writing by InvizBox ltd. In
    short, if you use a shell over SSH (or any other medium) and
    break things, it’s your own fault and we wont be held responsible.
    We will probably help you anyway, because we’re nice like that.
    Any attempt to put a firmware on the InvizBox that is not directly
    authorised by InvizBox ltd. will render this warranty void.

    21.3.   Who is covered

    Only the original purchaser of this product is covered under this
    limited warranty. This limited warranty is not transferable to
    subsequent purchasers or owners of this product.Returns under warranty:
    The cost of return to InvizBox will be borne by the purchaser. If
    your return is within warranty and the defect has not been caused
    by user damage there are no handling charges for the repair and
    subsequent return to the purchaser. If the defect is not covered
    under warranty (e.g. where there is a fall/impact or water damage,
    improper use or that the product is outside the manufacturer’s
    warranty)we will send you a quotation for repairs.
    You can choose whether you agree with the repair (at the
    specified amount) or refrain from further settlement. In the latter
    case, your product will be sent back to you with a bill for any
    research and / or transport costs.