Super VPN Terms of Service
Qingdao Leyou Interactive Network Technology Co., Ltd. hereby reminds you to carefully read and fully understand the Terms of Service (hereinafter referred to as this Agreement). Please carefully read and fully understand all the terms and conditions of this Agreement, especially those about governing laws, dispute resolution, and the exemption of Qingdao Leyou Interactive Network Technology Co., Ltd. from liabilities or restrictions to its liabilities. Please decide whether to accept this Agreement after reading it (minors shall read this Agreement accompanied by a legal guardian). Using Super VPN constitutes acknowledgement that you have read and fully understood this Agreement and consent of being bound by and acceptance of its terms and conditions. If you choose not to accept this Agreement, please do not use Super VPN. Qingdao Leyou Interactive Network Technology Co., Ltd. has the right to modify this Agreement. Modified terms will effect on the effective date specified in the revised Agreement.
1.GENERAL PROVISIONS
1.1 Super VPN is developed by Qingdao Leyou Interactive Network Technology Co., Ltd.. The ownership of such software and services belongs to Qingdao Leyou Interactive Network Technology Co., Ltd..
1.2 This Agreement is entered into between you and Qingdao Leyou Interactive Network Technology Co., Ltd., with respect to using the Super VPN, downloading and upgrading of software (hereinafter referred to as this Software), and using other relevant services by you.
1.3 This Software and services are provided by Qingdao Leyou Interactive Network Technology Co., Ltd. for mobile devices.
1.4 You shall understand that Super VPN provides you with this Software and relevant services only, and you shall independently undertake expenses necessary for the equipment related to this Software and services (such as terminal fees of this Software and communication fees paid for access to the Internet). At the same time, a terminal device, bandwidth, communication traffic, and other resources may be required in order to use this Software on the client side.
2.SOFTWARE LICENSE SCOPE
2.1 Super VPN grants you an individual, non-transferable, non-sublicense, and non-exclusive license regarding this Software.
2.2 You may install, use, display, and operate this Software for non-commercial purposes. However, you shall not install, use, or operate this Software for commercial operation purposes. You shall not copy, change, modify, embed, or create any derivative works based on the data released by this Software to the memory of any terminal device during this Software is running, or communication process between the client and the server, including but not limited to using plug-ins and non-authorized third-party tools and services to access the software and related systems. Written permission from Qingdao Leyou Interactive Network Technology Co., Ltd. shall be obtained before its commercial sales, reproduction, and distribution (e.g. software pre-installation or bundling).
2.3 Except when explicitly authorized by this Agreement, you are not granted any other right by Qingdao Leyou Interactive Network Technology Co., Ltd.. If you need to get any other right, you shall obtain written consent from Qingdao Leyou Interactive Network Technology Co., Ltd..
3.SYSTEM UPDATES
3.1 In order to improve the overall user experience as well as the quality of our services, Qingdao Leyou Interactive Network Technology Co., Ltd. has the right to provide you with the replaced, amended, and upgraded versions of Super VPN from time to time. Notifications about such updates are turned on by default. Based on the difference between current and updated versions,Super VPN allows you to choose whether to use this function. Qingdao Leyou Interactive Network Technology Co., Ltd. does not guarantee that old versions of Super VPN will be usable after new versions are released.
4.CREATING ACCOUNTS AND SIGNING IN
4.1 You may be required to create an Account to be able to use Super VPN and its services.
5.SYSTEM SOFTWARE AND SERVICES
5.1 Some services require you to turn on other services(such as location services, mobile data networks…). Using such services indicates that you agree to turn on these services.
5.2 Some services may have independent Terms of Service. You shall read and agree to such agreements before using the related services.
5.3 Qingdao Leyou Interactive Network Technology Co., Ltd. may send promotional information to you via email, text messages, push notifications, or any other available methods. You can unsubscribe from such messages or turn off notifications in the corresponding delivery channels.
6.TERMS OF USE
6.1 You may use this Software and related services in accordance with this Agreement, local laws and regulations. You shall not do the following:
6.1.1 Delete any copyright information from this Software and other copies thereof, and amend, delete, or evade any technical measure set for protecting intellectual property rights;
6.1.2 Conduct any reverse engineering of this Software, such as disassembling, decompilation, or any other action aimed at obtaining the source code of this Software;
6.1.3 Modify or forge commands or data in software operation; add, delete, or change the functions or operating effects of this Software, operate or transfer to the public any software or methods for the purposes described above, no matter whether or not such acts are for commercial purposes.
6.1.4 Perform any actions damaging network security by using this Software, including but not limited to using unauthorized data or entering into unauthorized servers or accounts; entering a public network or the operating systems belonging to other parties without permission and deleting, amending, or adding stored information; attempting to check, scan, or test the system or network of this Software for vulnerabilities without permission, or performing any other action damaging network security; attempting to interfere in or destroy the normal operation of the system or website of this Software, intentionally spreading malicious programs or viruses, or performing any other actions aimed at destroying or disturbing normal network information services; fabricating the name of TCP/IP data package wholly or in part;
6.1.5 Sign in or use this Software and services through any third-party compatible software or system not developed, authorized, or recognized by Qingdao Leyou Interactive Network Technology Co., Ltd., or produce, launch or spread the aforesaid tool;
6.1.6 Without the written consent of Qingdao Leyou Interactive Network Technology Co., Ltd., conduct any of the following behaviors to this Software and information in it, including but not limited to using, leasing, lending, copying, amending, linking, reprinting, compiling, and publishing it, establishing a mirror website, and arbitrarily developing any relevant derivative products, works, services, plug-ins, tag-ons, compatibility and interconnection by virtue of this Software;
6.1.7 Transmit or spread any content in violation of any local law of the place where you are located by virtue of this Software;
6.1.8 By virtue of this Software, transmit and spread content that infringes upon the rights of others, such as the intellectual property rights, trade secrets, and other legal rights;
6.1.9 By virtue of this Software, transmit or spread advertising information and spam in batches;
6.1.10 Use this Software or any other service provided by Qingdao Leyou Interactive Network Technology Co., Ltd. in any other illegal way, for any illegal purpose, or in any way inconsistent with the license hereunder.
6.2 You understand and agree that:
6.2.1 In case Qingdao Leyou Interactive Network Technology Co., Ltd. suspects that you violate this Agreement, revocation of the license or other appropriate measures within the scope of this Agreement might be taken.
6.2.2 In the event of damage to a third party resulting from your violation of this Agreement, you shall assume liability in their own name and Qingdao Leyou Interactive Network Technology Co., Ltd. shall not be responsible for any loss or damage.
6.2.3 If you violate the law or the terms of this Agreement, which leads to loss of Qingdao Leyou Interactive Network Technology Co., Ltd. or a third party or fines from legal authorities, you shall compensate for the loss caused and/or the costs incurred, including reasonable lawyer fees, investigation and evidence collection costs.
7.THIRD-PARTY FEATURES AND SERVICES
7.1 You understand and agree that Super VPN may include features or services provided by Qingdao Leyou Interactive Network Technology Co., Ltd. affiliates or third parties. Qingdao Leyou Interactive Network Technology Co., Ltd. only provides relevant modules and the user interfaces of third-party features and services in Super VPN in order to facilitate your operation.
7.2 No matter whether the third-party features or services are pre-installed in Super VPN, or opened or subscribed by you, you understand and agree that Qingdao Leyou Interactive Network Technology Co., Ltd. does not explicitly or implicitly undertake or guarantee the legitimacy or effectiveness of behaviors of the providers of the third-party features/services or you, or the legitimacy, accuracy, effectiveness or safety of the third-party features/services.
7.3 Qingdao Leyou Interactive Network Technology Co., Ltd. does not supervise, have any control over, provide a warranty for, guarantee for, or bear any liability for third-party features or services in any form.
7.4 Any controversy or dispute between you and a provider of any third-party features or services shall be settled between you and the said party according to the business procedures and regulations of the provider of the third-party feature/service, and Qingdao Leyou Interactive Network Technology Co., Ltd. shall not bear any liability.
8.PRIVACY POLICY AND PROTECTION OF PERSONAL INFORMATION
8.1 Qingdao Leyou Interactive Network Technology Co., Ltd. will protect your privacy in accordance our Privacy Policy.
9.LIABILITY FOR BREACH OF THIS AGREEMENT
9.1 Qingdao Leyou Interactive Network Technology Co., Ltd. has the right to determine whether your behavior complies with the provisions of this Agreement. If you is considered to have violated relevant laws and regulations or the provisions of this Agreement and relevant rules, Qingdao Leyou Interactive Network Technology Co., Ltd. has the right to, according to the severity of your violation, remove the violating information, restrict, suspend and terminate the your access to the software services, take any legal actions, and take other measures that Qingdao Leyou Interactive Network Technology Co., Ltd. deems appropriate. You shall bear full responsibility for causing any loss incurred to Qingdao Leyou Interactive Network Technology Co., Ltd. (including but not limited to receiving any third party claims or penalties from any administrative department).
10.SERVICE RISKS AND DISCLAIMERS
10.1 Qingdao Leyou Interactive Network Technology Co., Ltd. provides service support with current technology. Qingdao Leyou Interactive Network Technology Co., Ltd. does not guarantee that there will be no interruption or errors in operation of this Software service, that all defects in this Software service will be corrected, or that this Software service can meet all your requirements. Qingdao Leyou Interactive Network Technology Co., Ltd. shall not bear any liability arising therefrom.
10.2 Qingdao Leyou Interactive Network Technology Co., Ltd. is not responsible for any loss caused by third parties, such as communication line failure, technical problems, network, and mobile terminal equipment failures, system instability, and other causes of force majeure.
10.3 Qingdao Leyou Interactive Network Technology Co., Ltd. does not guarantee the legality, authenticity, accuracy, or validity of the information (including but not limited to the content of third-party services invoked) obtained through this Software, and Qingdao Leyou Interactive Network Technology Co., Ltd. does not assume any responsibility for any actions based on views, or inquiries performed by you.
10.4 This Software, like most Internet software and services, may be subject to various security problems brought about by users, network connection quality, social environment, etc. For example, other software products downloaded and installed or other websites visited by you contain viruses so that security risks are brought and the functions of this Software is affected. To avoid damage and harassment, you are advised to be aware of the possible security risks and take the necessary measures to prevent them.
10.5 When you use this Software or requires Qingdao Leyou Interactive Network Technology Co., Ltd. to provide specific services, third party systems or software might be used to provide you with access to the corresponding functions or services. The result of use or access, therefore, would be provided by the third party. In addition to this Agreement, the agreements and relevant rules of third parties shall also be observed. You shall understand and agree that third parties may access user data while providing services. Qingdao Leyou Interactive Network Technology Co., Ltd. does not guarantee the security, accuracy, validity, or absence of any other risks that might be brought about by third party systems or software. You shall use third party services after reasonable consideration. Qingdao Leyou Interactive Network Technology Co., Ltd. shall not bear any responsibility for any disputes and damages caused thereby.
10.6 It should be noted that Qingdao Leyou Interactive Network Technology Co., Ltd. can modify or interrupt its services at any time after it has reasonably notified you to protect the company's business development and possible autonomy of adjustments.
10.7 Unless expressly required otherwise by laws and regulations, we will do our best to ensure that this Software and related services are safe, effective, accurate and reliable. However, please understand that we cannot guarantee it in the cases when this Software is restricted fully or in part by the current state of technology.
10.8 You shall bear the responsibility with respect to any physical or incidental, indirect economic losses or damages (including but not limited to losses of profits, losses of data, business interruption damages, or other commercial damages or losses) resulting from the following situations when:
10.8.1 A third party changes your data without permission;
10.8.2 You do something in course of using this Software;
10.8.3 You misunderstand this Software;
10.8.4 Any other loss or damage related to this Software caused by parties other than Qingdao Leyou Interactive Network Technology Co., Ltd..
10.9 You agree that Qingdao Leyou Interactive Network Technology Co., Ltd. has the right to suspend, interrupt or terminate all or part of this service to you based on the requirements of the judicial, regulatory and supervisory authorities or its own business, and Qingdao Leyou Interactive Network Technology Co., Ltd. shall not bear any liability therefor.
10.10 You understand and agree that Qingdao Leyou Interactive Network Technology Co., Ltd. will use its commercially reasonable effort to ensure the safety of your data stored in this Software and service, but Qingdao Leyou Interactive Network Technology Co., Ltd. cannot provide a complete guarantee for this. You shall understand that Qingdao Leyou Interactive Network Technology Co., Ltd. will not be liable for the failure to delete, store or backup data in services.
11.INTELLECTUAL PROPERTY RIGHTS
11.1 Qingdao Leyou Interactive Network Technology Co., Ltd. is the intellectual property owner of this Software. Any copyright, trademark, and patent rights, trade secrets, and other intellectual property rights related to this Software and all the content related to this Software (including but not limited to text, images, audio, video, charts, interface and layout design, relevant data or electronic documents, etc.) belong to Qingdao Leyou Interactive Network Technology Co., Ltd. and are protected by the local laws and regulations and corresponding international treaties.
11.2 Without Qingdao Leyou Interactive Network Technology Co., Ltd.'s written consent, you shall not implement, utilize, transfer, or permit any third party to implement, utilize, or transfer the above intellectual property rights for any commercial or non-commercial purpose. Qingdao Leyou Interactive Network Technology Co., Ltd. reserves the right to take any legal actions for the above acts.
12.USE BY MINORS
12.1 Minors under the applicable law in their region shall read this Agreement and use this Software and the related services under the supervision of their legal guardian and with the guardian's consent.
12.2 Special tips for minors: when using this Software and services, minors shall use the Internet within a reasonable range approved by their legal guardian, avoid developing Internet addiction, and develop healthy habits of consuming online content.
13.MODIFICATION OF THIS AGREEMENT
13.1 Qingdao Leyou Interactive Network Technology Co., Ltd. has the right to amend the clauses of this Agreement if and when necessary. Once any clause of this Agreement is amended, the amended clause will be published on the relevant page. You shall cancel related services if you disagree with any amendment. Continuation of the use of service constitutes your acceptance of the amendment.
13.2 Qingdao Leyou Interactive Network Technology Co., Ltd. has the right to modify or change charging services, charging standards, charging methods, service fees, and service terms as required. Qingdao Leyou Interactive Network Technology Co., Ltd. may start charging for any service when it is introduced or has already been available for free. If you refuse to pay such fees, you will not be able to continue using the related services after it has become paid.
14.GOVERNING LAWS AND DISPUTE RESOLUTION
14.1 In the absence of relevant legal provisions, reference shall be made to the international business practices and/or business practices. Unless any mandatory applicable law in your jurisdiction provides otherwise, the governing law concerning your all or specific rights and obligations shall be the law of the country or region where you are a resident.
14.2 Any dispute or controversy arising between you and Qingdao Leyou Interactive Network Technology Co., Ltd. shall first be settled through friendly consultation. If consultation fails, the dispute shall be submitted to the jurisdiction court where Qingdao Leyou Interactive Network Technology Co., Ltd. is located.
15.MISCELLANEOUS
15.1 Qingdao Leyou Interactive Network Technology Co., Ltd. will notify you by email, short message, web announcement, or in any other manner Qingdao Leyou Interactive Network Technology Co., Ltd. deems appropriate, of any modification of the service terms, any change in the service, and/or other important matters.
Qingdao Leyou Interactive Network Technology Co., Ltd.
15.2 This Agreement was updated on January 4, 2021.
15.3 The titles of each paragraph are written only for the convenience of reading and cannot be used as a basis of the interpretation of the Agreement.
15.4 No matter some provisions of this Agreement are partially invalid or unenforceable for some reasons, the others remain valid and are binding on both parties.
Super VPN Terms of Use (EULA)
Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.