LICENSE AGREEMENT AND TERMS OF SERVICE
This is an Agreement between you, the user, and us, Private Communications Corporation (“PCC”) with respect to your use of PCC’s software service, DataCompress. You must agree to the terms of this Agreement to use DataCompress. If you do not agree to the terms of this Agreement, then you may not use DataCompress.
Private Communications includes Private Communications Corporation, its parent companies, subsidiaries and affiliates.
BY INSTALLING, COPYING, ACCESSING, OR USING DATACOMPRESS, YOU ACCEPT THE TERMS OF THIS AGREEMENT.
WARNING: This program is protected by copyright law and international treaties. Unauthorized reproduction or distribution of this program, or any portion of it, may result in severe criminal and civil penalties, and will be prosecuted to the maximum extent possible under law.
DataCompress provides the ability to minimize the amount of data used when accessing the internet.
DataCompress is (i) the DataCompress End User Software you install on your device, such as your cellular phone, tablet, or other device (“Device”), and (ii) the DataCompress Networks and Servers that support the DataCompress End User Software. DataCompress also includes any updates, supporting technology, or technical support, to the DataCompress End User Software, Networks or Servers. As related to your use of DataCompress, we may, but are not obligated to, update or change the functionality and availability of DataCompress at any time, without notice.
We Own DataCompress
Private Communications Corporation is the exclusive owner of DataCompress. This ownership includes ownership of all patents, copyrights, trademarks, trade names, trade secrets, and other proprietary rights, including any images, animations, video, audio, text, data, program or software code, and any other legally protectable material included in DataCompress, both now and in the future.
DataCompress User Account and Subscription Fee
To use DataCompress, you must signup for a DataCompress User Account through PCC or through a third party distributor. If your DataCompress User Account is through PCC, you will be billed by PCC and your Subscription Fee varies based on the subscription plan you purchase. If your DataCompress User Account is through a third party distributor, you may be billed directly by that third party distributor in accordance with their billing options.
In the case of automatically renewing subscriptions, all subscriptions automatically renew until you cancel the automatic renewal. The Subscription Fee may change from time to time. Prior to any fee changes, DataCompress or the third party distributor will give you advance notice and will request your express, informed, affirmative consent. If you decline to accept a Subscription Fee increase, you must cancel your DataCompress User Account and stop using DataCompress effective upon expiration of your current subscription. Simple cancellation procedures are provided below.
PCC will honor all valid and genuine free-trials, money back guarantees and other promotions offered or authorized by PCC from time to time.
You are entirely responsible for maintaining the confidentiality of the information associated with your DataCompress User Account. You must keep your information up-to-date.
Use of DataCompress
A valid and active DataCompress User Account gives you the right to use DataCompress on your authorized Device(s) to send and retrieve internet data privately over unsecured end-user connections (“License”). You may not use DataCompress for any other purpose. You may not share or give or trade or assign DataCompress to any other user. If another user wants to use DataCompress on their Device(s), that user must sign up for a DataCompress User Account with PCC or a third party distributor. It may be possible to transfer a DataCompress User Account for use on a single Device from one Device to another by contacting Support@DataCompress.com.
We are licensing, not selling, DataCompress to you for the uses herein specified. You do not own any part of DataCompress. You agree not to challenge our rights in DataCompress and not to assert any claim to DataCompress except pursuant to this License.
YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT OCCUR THROUGH THE USE OF YOUR DATACOMPRESS USER ACCOUNT.
Prohibited Uses of DataCompress
You may not use DataCompress to do any of the following, whether or not for profit:
- Share, copy or distribute DataCompress with others;
- Reverse engineer, decompile or disassemble DataCompress;
- Resell or rebrand DataCompress;
- Interfere with or disrupt DataCompress or any network or Device, including by viruses or other malicious or harmful programs;
- Exceed normal bandwidth usage to the detriment of other users, as determined by us in our sole discretion;
- Send spam email;
- Defame, abuse, harass, stalk, threaten, or otherwise violate anyone else’s legal rights;
- Publish or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material/information;
- Harvest or collect information about others, including e-mail addresses, without their express consent;
- Use a false identity;
- Transmit any material protected by intellectual property laws, rights of privacy or publicity or any other applicable law without obtaining all necessary consents;
- Attempt to gain unauthorized access to any network or Device;
- Interfere with another user’s use and enjoyment of DataCompress;
- ANY UNLAWFUL PURPOSE, INCLUDING ILLEGAL EXPORT, OR TO AID OR ATTEMPT TO CONCEAL ANY UNLAWFUL ACT; or
- Any other restrictions on usage of DataCompress, which we in our sole discretion may hereafter promulgate, provided that we give you notice of the existence of such restrictions.
IF YOU FAIL TO ADHERE TO ANY OF THE TERMS OF THIS AGREEMENT, WE WILL BLOCK YOUR USE OF DATACOMPRESS AND MAY DELETE YOUR DATACOMPRESS USER ACCOUNT.
FURTHER, FAILING TO ADHERE TO ALL THE TERMS OF THIS AGREEMENT IS A BREACH OF THIS AGREEMENT FOR WHICH YOU MAY OWE US MONEY AND ALSO MAY VIOLATE UNITED STATES, INTERNATIONAL, AND OTHER CIVIL AND CRIMINAL LAWS.
You agree to notify us immediately of any unauthorized use of your DataCompress User Account or any other security breaches you discover.
PCC’s Money-Back Guarantee
If you purchased DataCompress directly from PCC, PCC offers an unconditional Money-Back Guarantee if you are unsatisfied with DataCompress for any reason during the first thirty (30) days of your paid subscription. Simply cancel your subscription as provided for in the Cancelling and Termination section below and contact DataCompress at Support@DataCompress.com to receive a full refund of your initial charge.
For App Store purchases, please note that to be eligible for PCC’s unconditional Money-Back Guarantee you must contact DataCompress directly, as described above, within thirty (30) days of your initial charge. Do not contact the App Store; the App Store will not honor any refunds.
If your DataCompress subscription is billed through a third party distributor, please contact that distributor directly to inquire about a refund. PCC is a separate legal entity from third party distributors who manage their own billing for a variety of services they may offer to you. As such, PCC cannot be responsible for any refunds that they may or may not offer to their customers. Cancelling and TerminationYou control your DataCompress subscription and, in the case of automatically renewing subscriptions, you may cancel at any time prior to the renewal date. To cancel, simply go to the My Account screen of your DataCompress User Account, select “Change Billing” and then follow the steps to update subscription details and cancel your subscription. You may also cancel by contacting DataCompress directly at Support@DataCompress.com. Other than during the first thirty (30) days of your subscription, there is no refund for a cancellation in the middle of a payment cycle; you may continue to use DataCompress under the terms of this Agreement until the end of the payment cycle, at which time your cancellation will become effective.To cancel a DataCompress subscription purchased through an App Store, simply stop using DataCompress on your Device(s) and do not purchase any additional megabytes of data.To cancel a DataCompress subscription purchased through a third party distributor you must contact that third party distributor directly. We may terminate your right to use DataCompress at any time for any reason for misuse, such as excessive downloads, copyright violations, etc. with or without advance notice, by sending notice to the email address in your DataCompress User Account. Upon our termination, you shall be entitled to a refund of the unused portion of your subscription, except if your termination is because you have failed to follow the terms of this Agreement. Upon termination or cancellation, the License shall be void, you will no longer have the right to use DataCompress, and we may permanently delete your DataCompress User Account. Use by you of DataCompress after the termination or cancellation of this Agreement violates applicable laws and treaties and may subject you to criminal and civil penalties.
Protection and Privacy
You understand and agree that while DataCompress provides excellent, state-of-the-art, protection and privacy of your data, no software, including DataCompress, provides absolute protection and privacy. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY PROTECTION FAILURE OR PRIVACY BREACH OF YOUR DATA BY ANY THIRD PARTY. you irrevocably waive all rights to sue us, or make any claim against us, for any protection FAILURE or privacy BREACH that was NOT immediately, directly and exclusively caused SOLELY by our gross negligence.
Your Data Confidentiality
We take seriously the privacy of your data. While we do maintain sets of logs containing certain information necessary to manage our servers, the only information that is traceable to individual users is the amount of time spent on our network and the total volume of data transmitted. We do not monitor or record the sites that you visit nor the contents of any internet communication you create, send or receive during the course of your use of DataCompress. We may be required by governmental or law enforcement agencies or by court order to disclose, or allow agency access to, your data, including data we keep about you and data you send or receive using DataCompress, in connection with a criminal investigation or other legally required purpose. Additionally, we reserve the right to disclose your data in resolving any dispute with you. By using DataCompress, you consent to these disclosures.
At Your Own Risk; Disclaimer of Liability
You agree that you use DataCompress entirely at your own risk and you agree to not sue Private Communications for any harm to you or your Device from using DataCompress.
PRIVATE COMMUNICATIONS DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS OR CLAIM OF ANY KIND RESULTING FROM ANY USE OF DATACOMPRESS. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE DATACOMPRESS OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT. NOTWITHSTANDING ANY DAMAGES THAT YOU OR ANY OTHER PERSON MIGHT INCUR, PRIVATE COMMUNICATIONS’ ENTIRE LIABILITY TO YOU OR ANY OTHER PERSON SHALL NOT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US.
Private Communications does not represent or warrant that use of DataCompress will be uninterrupted or error-free, that defects will be corrected, that DataCompress is free of viruses or other harmful components, or that no one will gain unauthorized access to your Device, or read or alter any data sent or received through DataCompress.
PRIVATE COMMUNICATIONS MAKES NO WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR LACK OF VIRUSES, NON-INFRINGEMENT, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SERVICE QUALITY, ADEQUACY OF ENCRYPTION, OR PRIVACY PROTECTIONS. DATACOMPRESS IS PROVIDED “AS IS” AND WITH ALL FAULTS.
If you are dissatisfied with any aspect of DataCompress, or with any part of this Agreement, your sole remedy is to discontinue using DataCompress and/or to cancel your automatic renewal as provided for in the Cancelling and Termination section above.
You agree to indemnify Private Communications from any claim or damage, including reasonable attorneys’ fees, including pre-trial and settlement, that are asserted by any third party due to or arising out of your use of DataCompress.
Other People’s Content
You agree that we are not responsible for any content by any third party or their website received through DataCompress. We do not have any affiliation with or endorse the content provided by other sites.
Open Source Software
Like most software products, DataCompress uses various “open source” components to build our system. For details, please visit http://www.privatewifi.com/open-source/.
You acknowledge that DataCompress is of United States origin, and you agree to comply with all export and import laws and regulations, whether national or international.
Any waiver or failure by us to exercise any right provided for herein shall not be deemed a waiver of any other right hereunder.
There are no intended third party beneficiaries of this Agreement. This Agreement may not be enforced by any person or entity other than Private Communications and you. Except as otherwise stated herein, any provisions in this Agreement that by their sense and context are intended to survive the termination of this Agreement shall survive such termination. Also, any cause of action that we may have against you related to this Agreement prior to the date of termination shall survive such termination.
All disputes related to this Agreement shall be governed by the laws of the State of New York without regard to principles of conflict of laws and shall be heard exclusively in a New York State or Federal court located in New York City, Borough of Manhattan, and you hereby consent to and agree not to challenge the jurisdiction and venue of such courts. You agree to pay all our legal fees and expenses in enforcing this Agreement against you and in defending any claims brought by you, which are not ultimately resolved in your favor by final judgment in a court of competent jurisdiction.
You agree that the remedy at law for any breach or threatened breach of this Agreement by you would, by its nature, be inadequate, and that in such case we shall be entitled, in addition to damages, to a restraining order, temporary and permanent injunctive relief, specific performance and other appropriate equitable relief, without showing or providing that any monetary damage has been sustained and without providing a bond.
No action, regardless of form, arising out of this Agreement may be brought by you more than one (1) year after the cause of action has arisen; and any such cause of action is thereafter permanently barred.
We may update this Agreement at any time. Continuing to use DataCompress after any such changes constitutes your consent to such updates.
Full Knowledge and Understanding of this Agreement
You acknowledge that you have read this Agreement, that you understand it, that you agree to be bound by its terms and conditions, and that you further agree that this is the complete and exclusive statement of the agreement between the parties, which supersedes and merges all prior proposals, understandings and all other agreements, oral or written, between you and us relating to the content of this Agreement.