VPN Terms of Service

This Terms of Service document (the “Terms”) outlines the terms and conditions of use of the VPN services (the “Services”) provided by OptConnect Management, LLC (“we” or “OptConnect”) to customers (“you” or “Customers”) of our remote cellular connectivity products (the “Products”).

By agreeing to these Terms, you are also agreeing to the OptConnect Privacy Policy (“Privacy Policy”).

1. Acceptance
   By accessing the Content or Services, you are agreeing on behalf of yourself or those you represent to comply with and be legally bound by these Terms in their entirety. These Terms constitute a legally binding agreement (the “Agreement”) between you and OptConnect. If you do not agree with any part of the Terms, you may not use our Services. By creating an account for using our Services, you represent that you are signing up in compliance with state, federal and local laws and regulations, and that the registration information you have provided is accurate and complete.
2. Modification
   OptConnect may update the Terms from time to time without notice. If you continue to use OptConnect’s Services after these changes take effect, then you agree to the revised Terms. The current version of the Terms is available on the VPN sign-in page and at http://www.optconnect.com/policies/vpn-terms. 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 or update on the application. Your use of the Services following the changes to these Terms constitutes your acceptance of the changed Terms.
3. Privacy Policy
   OptConnect is committed to your privacy and does not collect or log browsing history, traffic destination, data content, or DNS queries from Subscribers connected to our VPN. During your registration, we may collect some sensitive personal information, such as your email address. We only collect information that is necessary for the proper delivery of the Services. For the sake of clarity and transparency, we have placed all information related to data collection in a separate document known as the Privacy Policy. Please review the Privacy Policy in its entirety to get a clear understanding of how we handle your sensitive data.
4. Subscriptions
   OptConnect Services are available to you for free upon your purchase of one or more OptConnect products and related cellular services your continuing use of the Services is dependent on your status as a customer that remains current on all payment obligations to us. By subscribing to the Services, you agree to become a subscriber (“Subscriber”) for the period you have elected. Plans renew automatically by default at the completion of the initial term so long as you are a customer in good standing with OptConnect. By default, the renewal term is a month-to-month term. Each subscription grants you one (1) license to use on three (3) different devices at any given time. You will have to be signed in with same registration ID to access the Service.
5. Acceptable Use Policy
   The VPN Services may be accessed from all around the world using the OptConnect registration platform. Each Subscriber must request access from OptConnect and you will be granted your own individual account. It is your responsibility to assess whether using the VPN in local country is in compliance with local laws and regulations. You understand that it is your responsibility to keep your VPN account information confidential. You are responsible for all activity under your account. Sharing user credentials is prohibited. If you ever discover or suspect that someone has accessed your account without your authorization, you are advised to inform us immediately by e-mail at vpn@optconnect.com so that we may revoke your account credentials and issue new ones. OptConnect aims to provide the best service possible to all of our Subscribers. In that sense, we require that you do not misuse our Services. A misuse refers to any use, access, or interference with the Services contrary to the Terms or applicable laws and regulations. In order to protect the Services from being misused or used to harm someone, OptConnect reserves the right to take appropriate measures when our Services are being used contrary to these Terms and applicable laws. You agree that OptConnect may terminate your account, without providing a refund for Services already paid, if you misuse the Service. In using our Services, you agree not to:
   • Send or transmit unsolicited advertisements or content (i.e., “spam”) over the Service.
   • Send, post, or transmit over the Service any content which is illegal, hateful, threatening, insulting, or defamatory; infringes on intellectual property rights; invades privacy; or incites violence.
   • Upload, download, post, reproduce, or distribute any content protected by copyright or any other proprietary right without first having obtained permission from the owner of the proprietary content.
   • Upload, download, post, reproduce, or distribute any content that includes sexual or explicit depictions of minors.
   • Engage in any conduct that restricts or inhibits any other Subscriber from using or enjoying the Service.
   • 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 OptConnect in conjunction with the Service.
   • Use the Service for anything other than lawful purposes.
6. License
   Subject to your compliance with these Terms, OptConnect grants to you a non-exclusive and limited license to download and use the VPN. Modifying, distributing to unauthorized parties, reverse engineering, or otherwise using the Service in any way not expressly authorized by OptConnect is strictly prohibited. Usage of any material which is subject to OptConnect’s intellectual property rights is prohibited unless you have been provided with explicit written consent by OptConnect.
7. Security Checks. You agree to a regular security check on the devices that you connect to the OptConnect VPN. These regular security checks will be performed by the VPN application software provided to allow this connection. The purpose of these security checks is to enhance the overall security of the OptConnect network and protect your data. If we detect any vulnerabilities from these security checks, you will be notified and likely required to do certain software patches or other remedial actions to cure the vulnerability. Until any detected vulnerabilities are repaired, OptConnect may disqualify your use of the Services.
8. Disclaimers
   We will strive to prevent interruptions to the Services. However, the Services are provided on an “as-is” and “as-available” basis, and we do not warrant, either expressly or by implication, the accuracy of any materials or information provided through the Service, or their suitability for any particular purpose. We expressly disclaim all warranties of any kind, whether express 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 Services at your sole risk and discretion.
   VPN service coverage, speeds, server locations, and quality may vary. OptConnect will attempt to make the Service available at all times. However, the Service may be subject to unavailability for a variety of factors beyond our control, including but not limited to emergencies; third-party service failures; or 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 Service, communications services, or networks. We may impose usage or Service limits, suspend Service, terminate VPN accounts, or block certain kinds of usage in our sole discretion to protect Subscribers or the Service. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur. OptConnect reserves the right to investigate matters we consider to be violations of these Terms. We may, but are not obligated to, in 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 OptConnect or our customers to liability. OptConnect disclaims any and all liability for any failure on our part to prevent such materials or information from being transmitted over the Service and/or into your computing device.
9. Limitations of Liability
   OptConnect shall not be liable and shall not have responsibility of any kind to any Subscriber or other individual for any loss or damage that you incur in the event of:
   • any failure or interruption of the Service;
   • any act or omission of any third party involved in making the Service or the data contained therein available to you;
   • any other cause relating to your access or use, or inability to access or use, any portion of the Service;
   • your interactions when you are using the Service;
   • your failure to comply with this Agreement;
   • the cost of procurement of substitute goods or services; or
   • unauthorized access to or alteration of your transmissions or data, whether or not the circumstances giving rise to such cause may have been within the control of OptConnect or of any vendor providing software, services, or support for the Service.
10. Indemnification
    You agree to indemnify, defend, and hold harmless OptConnect, 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 Service, including but not limited to your violation of this 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.
11. Choice of Law
    This Agreement shall be governed by and construed in accordance with the laws of the State of Utah.
12. Final Provisions
    If any provision in this 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 this Agreement shall remain in full force and effect. Any failure to exercise or enforce any right or the provision of this Agreement shall not constitute a waiver of such right or provision.

In no event will OptConnect, 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.