Terms of Service
Last updated August 13, 2019
Dear customer, we are delighted to welcome you to the KiKiVPN family.
Please read these terms of service carefully. Among other things, they provide key information on:
our strict no-logs policy guarantee;
how you can claim a refund;
prohibited and restricted uses of the services.
And then enjoy the encryption-powered online security you deserve.
These terms of service (“Terms”) cover your use and access to our services, software and website (collectively referred to as ”Services”). (“we,” “us,” “our,” or “KiKiVPN”). By visiting our website, installing and/or using the Services, you acknowledge that you have read the Terms, understand them and agree to be bound by these Terms.
Please note that the Terms constitute a binding legal agreement between you and KiKiVPN. If you do not agree with these Terms or any provisions hereof, please do not install and do not use our software, our mobile application and/or any of our products or services. If you’re using our Services for an organization, you’re agreeing to these Terms on behalf of that organization.
KiKiVPN may modify the Terms from time to time. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the client applications, website or via email. Since you agree to be bound by these Terms each time you use the Services, please consider reviewing the Terms each time you use the Services. In case of non-material changes, each update of the Terms comes into force as of the moment when amended Terms are published on this web page. You understand and agree that any continued use and access to the Services after any updates to these Terms are published, means that you voluntarily agree to be bound by the updated Terms.
If you have questions or concerns regarding these Terms please contact us at firstname.lastname@example.org.
KiKiVPN Services are transitory digital network communications services, which enhance internet security and privacy. We do not condone any unlawful use of the KiKiVPN Services. KiKiVPN Services shall not be used for any criminal, illicit and illegal acts, and you accept and agree not to violate any law of any jurisdiction that you are originating from and any other applicable law. It is your (user’s) responsibility to know and comprehend any and all relevant laws related to any jurisdiction or venue that concerns you, your actions and your use of KiKiVPN Services.
In order to use our Services, you need set up an account. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your account, with or without authorization, or who has access to any computer on which your account resides or is accessible.
Your use of the Services is at your own risk. The Services may be modified, updated, interrupted or suspended at any time without notice or liability. We do not bear any liability for any harm or other adverse consequences to you, caused by this. KiKiVPN, its owners, employees, agents and others that are involved with the Services are not in any way or form liable for any harm of any kind executed or intended, resulting from or arising through or from the use of any account registered with Services.
KiKiVPN allows switching devices to log in, but multiple devices cannot be online at the same time. That includes proxy connections, and each of them counts as a separate slot.
KiKiVPN guarantees a 99.9% service uptime. In any event, KiKiVPN shall not be liable for any loss, monetary or non-monetary harm beyond what the client paid to KiKiVPN, and this shall not include attorney fees or court costs irrespective of any laws or statutes that prescribe otherwise.
KiKiVPN guarantees a strict no-logs policy for KiKiVPN Services, meaning that the KiKiVPN Service is provided by an automated process, and your activities while using it are not monitored, recorded, logged, stored or passed to any third party. We do not store connection timestamps, session information, used bandwidth, traffic logs, IP addresses or other data. However, to limit the number of simultaneous sessions of an active user, an algorithm keeps their username and the timestamp of the last session status while the session is active. This data is wiped within 15 minutes after the session is terminated.
Subject to the terms and conditions of these Terms, we grant you a limited, non-exclusive, personal, non-transferable, non-sublicensable, license to: (1) download and use a copy of the KiKiVPN software; and (2) use the Services, including, without limitation, the products and services made available on or through the KiKiVPN software or our website. No other right or license of any kind is granted to you hereunder with respect to the Services. The license provided herein is effective until terminated. This license automatically terminates if you fail to comply with these Terms.
The Services, including, but not limited to, the KiKiVPN software, mobile application and all other items, are owned and copyrighted by KiKiVPN and protected worldwide. We retain all right, title and interest in and to the Services and any portion thereof, including, without limitation, all copyrights, trademarks, service marks, trade secrets and other intellectual property rights. You shall not take any action to jeopardize, limit or interfere in any manner with our ownership of and rights with respect to the Services. All rights are reserved unless otherwise noted.
KiKiVPN Services are subscribed on a service period basis. You choose the service period and the payment method yourself when you sign up for the KiKiVPN Services. The KiKiVPN app for any platform or operating system supported by KiKiVPN can be downloaded free of charge. Users will have to purchase a paid subscription from KiKiVPN to connect to the KiKiVPN Services, except in the case of a limited free trial or certain coupon offers.
Only basic payment information is processed through our payment service providers (e.g. Stripe, Credorax, Adyen, Payssion, etc.) and payment processing partners authorized to provide services within respective country (e.g. payments for the EU are processed by Mollymind AG, registered at Riedstrasse 7, 6330 Cham, Switzerland and by Moonflash Limited, registered at Regent House, 316 Beulah Hill, London, United Kingdom, SE19 3HF. For the US – Lagosec, Inc. registered at 2035 Sunset Lake Rd., Suite B-2, Newark, Delaware, United States, DE 19702. Brazillian payments are processed by CYBERPOST INERMEDIACAO DE NEGOCIOS S.A, tax ID number (CNPJ), – 14.009.852/0001-54, registered at R Fernando Machado 73, Sala 203, Centro, Florianopolis, 88.010-510, SC).
Your service will automatically be renewed and your chosen payment method will be charged at the end of each service period, repeating the length of the previous service period, unless you decide to cancel your subscription for the KiKiVPN Services.
If you wish to claim a refund, you can do so within 30 days following your purchase of the KiKiVPN Services. We seek your full satisfaction with our Services. However, we would like to troubleshoot an issue you experience first. There are common service configuration issues that may hinder the Services for you, and we resolve most user issues encountered.
Subscriptions purchased via the iTunes/App Store are subject to iTunes/App Store refund policies. This means we cannot grant refunds if you purchased an app through iTunes/App Store – you will have to contact store support for that. Payments made using prepaid cards or gift cards will not be refunded. KiKiVPN cannot refund any purchases made from our resellers (Amazon, BestBuy, StackSocial, etc.). In this case, refunds are handled according to the terms of service of the reseller from which the product was purchased. For payments made in cryptocurrency, the equivalent amount in US Dollars will be refunded in the same cryptocurrency (based on the rate of exchange at the moment of refund).
You have a right to cancel your account at any time. You can cancel a recurring subscription from your website profile, iTunes/App Store or Google Play Store. Canceled accounts will not be refunded for the unused part of the ongoing service period.
No refunds will be considered for accounts terminated for violation of these Terms.
Consistent with applicable law, KiKiVPN does not knowingly collect personal information from minors without parental consent. If we learn that we have inadvertently obtained information in violation of applicable laws that prohibit collecting information from children without such consent, we will promptly delete it.
Prohibited and restricted uses
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. We reserve the right, at any time, in our sole discretion, with or without notice, to terminate the accounts of, and block access to the Services to any users who infringe any applicable laws or these Terms.
You agree that you shall not:
use, assist, encourage, or enable others to use the Services for any unlawful, illicit, illegal, criminal or fraudulent activities, including but not limited to port scanning, sending spam, sending opt-in email, scanning for open relays or open proxies, sending unsolicited email or any version or type of email sent in vast quantities even if the email is routed through third-party servers, any pop-up launching, use of stolen credit cards, credit card fraud, financial fraud, cryptocurrency fraud, cloaking, extortion, blackmail, kidnapping, rape, murder, sale of stolen credit cards, sale of stolen goods, offer or sale of prohibited and dual-use goods, offer or sale of controlled substances, identity theft, hacking, pharming, phishing, scraping in any form or scale, digital piracy and other similar activities;
assault, interfere, gain unauthorized access, deny service in any way or form to any other network, computer or node through KiKiVPN Services;
exploit children in any way, including audio, video, photography, digital content, etc.;
violate, infringe, or misappropriate other people's intellectual property, privacy or other legal rights;
share anything that is illegal, abusive, harassing, or otherwise objectionable;
transmit any viruses or other computer instructions or technological means that disrupt, damage, or interfere with the use of computers or related systems;
attempt to circumvent any technological measure implemented by KiKiVPN;
interfere with or disrupt the integrity or performance of the Services;
take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure;
sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way;
use any robot, spider, scraper, or other automated means to access our website or Services for any purpose without our prior written permission;
build a product using similar ideas, features, functions or graphics of the Services or copy any ideas, features, functions or graphics of the Services;
claim that you are the representative or agent of any of the KiKiVPN Services, including any of its functionality;
threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
attempt to gain unauthorized access to the Services, user accounts, computer systems or networks connected to the Services through hacking, password mining, brute force or any other means;
violate general ethic or moral norms, good customs and fair conduct norms;
use the Services for anything other than lawful purposes;
use the Services for any military purpose, including cyber warfare, weapons development, design, manufacture or production of missiles, nuclear, chemical or biological weapons;
otherwise infringe or circumvent these Terms.
We reserve the right to refuse service, suspend accounts or limit access to the Services in our sole discretion. Such suspension or access limitation may be implemented by KiKiVPN instantly and without any indication, notice or refund. We may suspend your account for clarification, investigation or request you to explain your actions and provide additional information. If your account has been suspended, you must contact us for further information. We may suspend your user account for a reasonable period of time before we terminate a user account permanently.
You access and use the Services in your country on your own initiative, and you solely are responsible for complying with your local laws and regulations if and to the extent such laws are applicable. We reserve the right to limit, in our sole discretion, the availability of the Services or any portion thereof, to any person, entity, geographic area, or jurisdiction, at any time.
You are disallowed to connect and use the Services if you are a minor, a competitor of our business, if you have been or are prohibited to access the Services, or if your account has been suspended or closed due to any reason.
We encourage you to let us know about the violation of these Terms by any KiKiVPN users; in case of such violations, we may take appropriate action at our sole discretion.
Disclaimer of warranties
Reasonable efforts are taken to improve the accuracy and integrity of the Services, but complex software is never wholly free from defects, errors and bugs. We give no warranty or representation that the Services will be wholly free from defects, errors and bugs, such as downtime, loss of data, corrupt data, service delay, mistakes, out-of-date information, or other. Notwithstanding any other provision of these Terms, we reserve the right to change, suspend, remove, or disable access to the Services, or any functionality comprising a part of the Services at any time without notice. In no event will we be liable for making these changes. As a registered user in good standing, you may be provided with limited service by KiKiVPN. We do not warrant and will not have any liability or responsibility for your use of the Services or other products or services we provide. We may also impose limits on the use of or access to the Services, for any reason and without notice or liability. Our Services may be unavailable from time to time due to human, digital, mechanical, telecommunication, software, and other failures. We cannot predict or control when such downtime may occur and cannot control the duration of such downtime.
THE SERVICES (INCLUDING, WITHOUT LIMITATION, OUR SOFTWARE, MOBILE APPLICATIONS, SERVICES AND WEBSITE) ARE PROVIDED “AS IS” AND WITH ALL FAULTS. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE SERVICES. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR USE OF THE KIKIVPN SERVICES, AND WE DO NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE OF THE SERVICES. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE KIKIVPN SERVICES AND FOR ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, NOR THAT THE SERVICES WILL BE AVAILABLE FOR YOUR ACCESS OR USE, NOR THAT OPERATION OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER JURISDICTION.
We shall not be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond our reasonable control, including, without limitation, failures of third party software (whether open or not), failures of your telecommunication or internet service providers, force majeure, earthquakes, fires, floods, embargoes, labor disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.
Limitation of liability
There are inherent risks in relying upon, using, transmitting or retrieving any data and/or content on the Internet, and we urge you to make sure you understand these risks before using the KiKiVPN Services.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. NEITHER KIKIVPN NOR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES, NOR ANY OF THEIR EMPLOYEES, OFFICERS OR DIRECTORS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF BUSINESS, LOST PROFITS, INTERRUPTION OF BUSINESS, COST OF COVER OR ANY OTHER DAMAGES) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE LIABILITY OF KIKIVPN SHALL NOT EXCEED WHAT THE CLIENT PAID TO KIKIVPN AND SHALL NOT INCLUDE ATTORNEY FEES OR COURT COSTS IRRESPECTIVE OF ANY LAWS OR STATUTES THAT MAY PRESCRIBE OTHERWISE.
You agree, at your own expense, to indemnify, defend and hold harmless KiKiVPN, its parents, subsidiaries and affiliates, and their officers, directors, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees, expert witness fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms, your use of the KiKiVPN Services, or any of your other acts or omissions.
You agree to receive communications from us electronically, e.g., by email, application messages, etc. and consent that such notifications satisfy any legal requirement for communication in writing. You agree that we may communicate to you for the purpose of advising you of changes or additions to the Services, about any of our products or services, or for such other purposes that are reasonable or required by applicable law.
When communicating with our customer support representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer support representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
Use of KiKiVPN account and passwords
We do not log or store any records on user activity using Services.If you choose to create a user account, you must provide some basic information, specifically: valid email address – to send the KiKiVPN communication, to retrieve a lost password and to make a VPN connection; payment information – we process basic billing information through our payment processing partners for payment processing and refund requests. You must maintain and update this information current, truthful, complete and accurate. You warrant that you are authorized to provide such information. You authorize us to verify your information at any time. If it is found to be untrue, inaccurate, not current or incomplete, we retain the right, in our sole discretion, to suspend or terminate your user account and your access to the Services.
You are responsible for maintaining the confidentiality of your KiKiVPN account username and password and for restricting access to your account. You may not share your password or other account access information with any other party, temporarily or permanently, and you agree to accept responsibility for all activities that occur under your account or password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your account, username or password, as the case may be.
As part of the Services, KiKiVPN may, from time to time, include computer software supplied by third parties, which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. We provide information about open source third party software here.
We reserve the right to modify and update these Terms at our sole discretion, at any time, for any or no reason, and without liability, as indicated below.
We also reserve the right to modify or update the operation of the Services at our sole discretion, at any time, for any or no reason, and without notice or liability. We may even suspend the Services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
The Terms constitute an agreement between you and us regarding the use of the KiKiVPN Services. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
You may not assign or transfer your rights or obligations under these Terms to any third party.