These Terms of Service (the “Terms”), along with the Privacy Policy (the “Privacy Policy”), govern the use of and access to the different services offered by Hyperlink Technologies Ltd. (“HyperlinkVPN”, “us”, “we” or “our”), our website (the “Site”), applications (including both the mobile and web versions) (the “Apps”), as well as all content (the “Content”) and software (the “Software”) associated with our services (collectively referred to as the “Services”).
By agreeing to these Terms, you are also agreeing to the Privacy Policy.
These Terms and the Privacy Policy (together, the “Agreement”) constitute a legally binding agreement between you and HyperlinkVPN, so please read them carefully.
1. Acceptance
By using and/or accessing the Services, you are agreeing on behalf of yourself or those you represent (“you”) to comply with and to be legally bound by these Terms and the Privacy Policy in their entirety, including to be responsible for any charges arising from your use of the Services.
If you are accepting these Terms on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer or such entity to the Agreement; (ii) you have read and understand the Agreement; and (iii) you agree and consent to the Agreement on behalf of the party that you represent.
By creating an account for using our Services, you represent that you are at least eighteen (18) years of age, or at least the age of majority in the jurisdiction where you reside or from which you use the Services, or that you are a valid legal entity, and that the registration information you have provided is accurate and complete.
Some sections of these Terms or the Privacy Policy may not apply to your specific use of the Services. Thus, if you do not agree with any part of the Agreement applicable to you, you may not use our Services.
For the avoidance of doubt, the Agreement governs your access to and use of the Services through any means or channels, including any access or use in connection with routers or other products offered by HyperlinkVPN (the “Hardware”).
2. Modification
HyperlinkVPN may update these Terms from time to time without notice. Unless it is otherwise stated by us, each update of the Terms comes into force as of the moment the amended Terms are published on the Site. If you continue to use the Services after these changes take effect, then you agree and consent to the revised Terms. The current version of the Terms is available on the Site. You understand and agree that it is your obligation to review these Terms from time to time in order to stay informed on current rules and obligations. Notification on any core changes to the Terms will be provided to Subscribers through an email message sent to the email address you provide to us, and/or banners or pop-up messages posted on the Site and/or on your Account.
3. Privacy Policy
HyperlinkVPN is committed to your privacy and does not collect or log browsing history, traffic destination, data content, DNS queries, or user-linked IP addresses from Subscribers connected to our Services. During your registration, we may collect some personal information, such as your name, email address and payment information. We only collect such information as is strictly necessary for the proper delivery of the Services.
You can find detailed information related to data collection in the Privacy Policy. Please review the Privacy Policy in its entirety to get a clear understanding of how we handle your information, your rights, our rights, as well as our commitment to data protection.
4. Subscriptions
Our Services are available to you upon registering an account (the “Account”) on the Site or the Apps. By subscribing to the Services, you agree to become a subscriber (“Subscriber”) for the period you have elected. A full list of subscription plans and pricing is available on the Site. HyperlinkVPN reserves the right to amend subscription fees or institute new fees at any time upon reasonable advance notice posted on the Site, on your Account, or sent via email. Any changes to the pricing will not affect the Subscriber’s current subscription period and will become effective upon subscription renewal. Subscription purchases and refunds are handled via multiple third-party payment companies. To find out more about these third-party payment companies and how they process your data, please refer to our Privacy Policy.
When supported by your payment method, plans renew automatically by default at the completion of the billing term. By default, the renewal term is for the same duration as the billing term for the original subscription. The subscription fee will be charged automatically to the payment method you last selected. If you would like to discontinue automatic renewal, you may do so via your Account or email us at [email protected]. By default, auto-renewal is turned on when you use a payment method that supports auto-renewal (such as a credit card or PayPal), and turned off when you use a payment method that does not support auto-renewal (such as Bitcoin).
Each paid subscription grants you one (1) license to use our VPN Service on up to five (5) different devices at any given time. If you want to use the Services on more than five (5) devices at a time, then you can either (i) use HyperlinkVPN on your router, (ii) purchase additional subscription plans, or (iii) purchase additional licenses through the “volume licensing” option. For more information on our “volume licensing” program, please contact Support at [email protected].
You understand that it is your responsibility to keep your Account information confidential and secure. You are solely responsible for all activity on your Account. If you ever discover or suspect that someone has accessed your Account without your authorization, or that any of your passwords have been compromised (i.e., Account password or HyperlinkVPN Keys primary password), you are advised to inform us immediately so that we can take appropriate action. Please refer to Section 5 for specific information about your HyperlinkVPN Keys’ password and recovery code.
5. HyperlinkVPN Keys
By registering your Account and subscribing to the Services, you are automatically granted access to our proprietary in-built password manager (“HyperlinkVPN Keys”). You can use HyperlinkVPN Keys during any free trial period (if available to you), and regardless of the subscription plan you choose, if any.
Your access to HyperlinkVPN Keys is password protected. We strongly recommend that you choose a password different from your Account password for better protection. Please ensure that you store the recovery code provided somewhere safe as this will be required to access your HyperlinkVPN Keys account if you forget your primary password. For security reasons, you will not be able to access the information stored in HyperlinkVPN Keys if you forget your primary password and the recovery code. We are also unable to recover the information added to HyperlinkVPN Keys should you lose access to it. Such information is encrypted and HyperlinkVPN has no means of accessing or decrypting the information added to HyperlinkVPN Keys.
You can continue to use HyperlinkVPN Keys even if you decide to stop using our VPN Service. Your Account will remain active, and the information added to HyperlinkVPN Keys will remain accessible to you even though you have ended your subscription Services.
Each Account will be linked to a single HyperlinkVPN Keys, regardless of how many devices you choose to connect to our VPN Services.
6. Refund Policy
You may cancel your Account for any reason within thirty (30) calendar days of your initial purchase and you will receive a full refund of the amount you paid (“Money Back Guarantee”).
Refunds beyond the 30-day purchase window will be considered, at the sole discretion of HyperlinkVPN, if a Subscriber can demonstrate that the Services were not available or usable during the subscription period and that reasonable attempts were made to contact HyperlinkVPN to resolve the issue. In this case, HyperlinkVPN may provide the Subscriber with a pro-rata refund of Service fees paid during the period when the Service was not available or usable.
Refunds are generally processed within seven (7) days, and are made to the original form of payment used for purchase. All refunds are sent in USD and therefore the refund amount could differ from the amount originally paid in local currency or Bitcoin (e.g., due to foreign exchange and processing charges linked to your method of payment).
Any change to the original purchase, such as upgrading to an extended billing term or purchasing of additional licenses under the same Account, shall constitute a waiver of the Money Back Guarantee option. To request a refund under the Money Back Guarantee, send an email with your request to the following email address: [email protected]
Users whose subscriptions are billed as an in-app purchase through the Apple App Store (iTunes) do not have access to the HyperlinkVPN 30-day Money Back Guarantee. Instead, users can request refunds through the Apple App Store, which are issued solely at the discretion of Apple Support.
7. Acceptable Use Policy
Our Services may be accessed from all around the world, so it is your responsibility to assess whether your use of the Services is in compliance with applicable laws and regulations. You may not be able to access the Services if you are located in any of the countries where using, accessing, or subscribing to the Services would violate our Export Control Policy.
Whenever you use the Services, you must comply with these Terms and applicable laws, regulations, and policies.
HyperlinkVPN aims to provide the best service possible to all of our Subscribers. In that sense, we require that you do not misuse our Content or Services. A misuse refers to any use, access, or interference with the Content or Services contrary to the Terms or applicable laws and regulations.
In order to protect the Services from being misused or used to harm someone, HyperlinkVPN reserves the right to take appropriate measures when our Services are being used contrary to these Terms and applicable laws. You agree that HyperlinkVPN may restrict access to any part of the Services, terminate your Account, or take any other legal measure provided by law, without providing a refund for Services already paid, if we believe at our absolute discretion that you have misused the Services.
In using our Services, you agree not to:
• Send or transmit unsolicited advertisements or content (i.e., “spam") over the Services.
• Send, post, or transmit over the Services any content which is illegal, hateful, threatening, insulting, deceptive or defamatory; infringes HyperlinkVPN or third parties’ intellectual property rights; invades privacy; or incites violence or any unlawful behaviour.
• Upload, download, post, reproduce, or distribute any content protected by copyright or any other proprietary right without first having obtained permission from the owner / licensor of the proprietary content.
• Upload, download, post, reproduce, or distribute any content that includes sexual or explicit depictions of minors, or content that is similarly restricted / prohibited in your country.
• Engage in any conduct that restricts or inhibits any other Subscriber from using or enjoying the Services.
• Attempt to access, probe, or connect to computing devices without proper authorization (i.e., any form of “hacking”).
• Attempt to compile, utilize, or distribute a list of IP addresses operated by HyperlinkVPN in conjunction with the Services.
• Use the Services for anything other than lawful purposes.
8. License
Subject to your compliance with these Terms, HyperlinkVPN grants to you a worldwide, non-exclusive, non-sublicensable, fully revocable and limited license to download and use the Services. Modifying, distributing to unauthorized parties, reverse engineering, or otherwise using the Services in any way not Hyperlinkly authorized by HyperlinkVPN in these Terms is strictly prohibited.
Usage of any material which is subject to HyperlinkVPN’s intellectual property rights is prohibited unless you have been provided with explicit written consent by HyperlinkVPN. Nothing contained within or related to the Services or in these Terms shall be construed as granting, by implication or otherwise, any license or right to any of HyperlinkVPN’s intellectual property rights.
9. Content, Language and Translation, and Social Interactions
All of our Content is originally written in English. Any translation of our Content is done on a best-effort basis. We do not guarantee the accuracy of translated Content.
We may from time to time post Content regarding our Services or other topics we believe may be of interest to you on our Site, social media, create discussion forums, blogs or other electronic channels. In some instances, Subscribers and non-subscribers may Hyperlink their opinion about the Content and interact with each other. You are solely responsible for all information, content, opinions or materials you post on such channels. HyperlinkVPN has no obligation to monitor such discussions, but may do so at our absolute discretion, and may delete any content posted therein. HyperlinkVPN makes no representation and disclaims all liability, to the fullest extent permitted under the applicable laws, with respect to the information, content, opinions or materials posted on said channels by Subscribers or non-subscribers.
10. Third-Party Websites
HyperlinkVPN may provide you with content belonging to third parties or links leading to third-party websites. HyperlinkVPN is not responsible for the availability of the content provided by third parties as they are not under the control or supervision of HyperlinkVPN, and they may have different terms of use and policies. Your access through our Services to any website, service, or content provided by third parties does not indicate any relationship between HyperlinkVPN and such third parties.
11. Partner Services
HyperlinkVPN may from time to time provide access to or promotional offers for partner services, applications, or websites (“Partner Services”) as an added benefit to the Services. The Partner Services are not integrated or incorporated with the Services, and your interactions with any Partner Services are governed by their own applicable terms. HyperlinkVPN will never share your personal information with any provider of Partner Services.
HyperlinkVPN does not guarantee and is not responsible or liable for the behavior, features, or content of Partner Services or any transaction you may enter into with any provider of Partner Services, nor does HyperlinkVPN warrant the compatibility or continuing compatibility of the Services with Partner Services. Your use of Partner Services is entirely at your own risk and discretion. Accordingly, any issues arising out of or in connection with your use of Partner Services shall be resolved directly between you and the provider of the Partner Services.
12. Disclaimers
We will strive to prevent interruptions to the Site or the Services. However, these are provided on an “as-is” and “as-available” basis, and we do not warrant, either Hyperlinkly or by implication, the accuracy of any materials or information provided through the Site or the Services, or their suitability for any particular purpose. To the fullest extent permitted under the applicable laws, we Hyperlinkly disclaim all warranties of any kind, whether Hyperlink or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, or non-infringement. We do not make any warranty that the Services will meet your requirements, or that it will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. You acknowledge that you access the Site and/or the Services at your sole risk and discretion.
VPN service coverage, speeds, server locations, and quality may vary. HyperlinkVPN will attempt to make the Services available at all times. However, the Services may be subject to unavailability for a variety of factors beyond our control, including but not limited to emergencies; third-party-service failures; transmission, equipment, or network problems or limitations, interference, or signal strength; and may be interrupted, refused, limited, or curtailed. We are not responsible for data, messages, or pages lost, not delivered, delayed, or misdirected because of interruptions or performance issues with the Services, communications services, or networks. We may impose usage or Service limits, suspend Services, terminate Accounts, or block certain kinds of usage at our sole discretion to protect HyperlinkVPN, Subscribers or the Services. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
HyperlinkVPN reserves the right to investigate matters we consider to be violations of these Terms. We may, but are not obligated to, at our sole discretion and without notice, remove, block, filter, or restrict by any means any materials or information that we consider to be actual or potential violations of the restrictions set forth in these Terms, and any other activities that may subject HyperlinkVPN or our customers to liability. These rights include the right to terminate your Account or take any other legal measure provided by law. HyperlinkVPN disclaims any and all liability for any failure on our part to prevent such materials or information from being transmitted over the Services and/or into your computing device.
13. Limitations of Liability
To the maximum extent permitted by applicable law, HyperlinkVPN shall not be liable and shall not have responsibility of any kind to any Subscriber or other individual for any loss or damage incurred in the event of:
In no event will HyperlinkVPN, its partners, affiliates, subsidiaries, members, officers, or employees be liable for any direct, special, indirect, consequential, or incidental damages, or for any other loss or damages of any kind, even if they have been advised of the possibility thereof. The foregoing shall not apply to the extent prohibited by applicable law.
14. Indemnification
You agree to indemnify, defend, and hold harmless HyperlinkVPN, its officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of the Agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
15. Chargebacks
We reserve the right to immediately suspend access to the Services, without prior notice, in the event we receive notice of a Chargeback (as defined below). Contacting your bank or credit / debit card provider and rejecting, cancelling or contesting the charge of any fees payable in connection with your use of the Services (a “Chargeback”) will be considered a breach of your payment obligations under these Terms. We also reserve the right (although we are not obliged) to dispute any Chargeback received in connection with your Account. We may choose to delete your Account and take reasonable steps to restrict your future access to our Services if we believe at our sole discretion that you have maliciously requested a Chargeback.
16. Choice of Law
This Agreement shall be governed by and construed in accordance with the laws of the British Virgin Islands, excluding its rules governing conflicts of law.
17. Dispute Resolution
By accepting these Terms and/or using the Services you irrevocably agree that all disputes arising out of or relating to this Agreement or the use of the Services shall be finally settled by the applicable Courts located in Tortola, British Virgin Islands (BVI).
18. Assignment
In the event that HyperlinkVPN is acquired by, or merged with, a third-party entity, HyperlinkVPN may, without your prior notice, assign the Agreement and its rights and obligations hereunder to a new corporate entity, who shall be bound by these same rights and obligations. The rights and obligations of the parties under the Agreement shall be binding upon and inure to the benefit of the successors and permitted assigns of the parties. Any assignment not in accordance with the Agreement shall be null and void.
19. Final Provisions
If any provision in the Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of the Agreement shall remain in full force and effect. Any failure to exercise or enforce any right or the provision of the Agreement shall not constitute a waiver of such right or provision, or be deemed to be a waiver of any subsequent breach or default.
20. EULA
LICENSED APPLICATION END USER LICENSE AGREEMENT
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.