Terms of Use / End User License Agreement

You may use the Service only if:

• you have the legal capacity to enter into a binding agreement;
• you are not prohibited from using the Service under applicable law;
• you are not located in a country or region subject to embargoes or sanctions that prohibit access to the Service;
• you are not included on any government list of prohibited or restricted parties, to the extent such restriction is required by applicable law.

If you use the Service on behalf of a company or other organization, you confirm that you are authorized to bind that entity to these Terms.

NovaVPN is a virtual private network (VPN) service designed to establish an encrypted connection between your device and VPN infrastructure operated by the Company or on its behalf.

The Service may be provided in different variants, including:

• a free plan, which may include advertising, functional limitations, restrictions on speed, region, data volume, session duration or other limits; and
• a premium plan, which may provide paid access to additional features, increased performance, an extended list of servers, or a mode with reduced or no advertising, as stated in the Service at the time of purchase.

We may at any time change, add, remove, suspend or discontinue any part of the Service, including individual features, server locations, prices, protocols or availability.

Using some parts of the Service may require an account, sign-in, purchase confirmation or verification of access rights tied to a device.

You agree to:

• provide accurate and up-to-date information where required;
• keep your account credentials or device access confidential;
• promptly notify us of any suspected unauthorized use;
• be responsible for activity carried out through your account or authorized device, except where otherwise prohibited by law.

We may refuse registration, reclaim a username or require re-verification where reasonably necessary for operational, security or legal reasons or to prevent fraud.

The free version of the Service may display advertising, including third-party advertising. By using the free plan, you acknowledge that:

• advertising may be shown before, during or after the use of certain features;
• the availability of advertising may vary depending on country, device or app version;
• advertisers and advertising technology providers may apply their own policies and technical requirements.

The premium version may reduce, limit or remove advertising; however, we do not guarantee the removal of every message, promotional material or cross-sell unless expressly stated.

The differences between the free and premium plans may change from time to time.

Premium access may be provided in the form of:

• renewable subscriptions;
• one-time purchases;
• promotional access;
• trial offers;
• bundles or plans offered through authorized channels.

If you purchase premium access through the Apple App Store, Google Play or another platform, your payment relationship may additionally be governed by the billing terms of the relevant platform alongside these Terms.

5.1 Automatic renewal. If you purchase a subscription with automatic renewal, that subscription renews automatically unless cancelled before the renewal date in accordance with the rules of the relevant billing platform.

5.2 Prices. Prices, taxes, billing periods, the availability of a trial period, renewal terms, introductory offers and regional availability may vary depending on jurisdiction, platform, store and promotion.

5.3 Cancellation. You may cancel a subscription through the store, payment provider or account settings used at purchase. Cancellation prevents subsequent renewal but, as a rule, does not entail a refund for the current billing period unless otherwise required by law or provided by the relevant store or provider.

5.4 Refunds. Except where otherwise required by law or expressly provided by the relevant platform, payments are non-refundable. If a purchase was made through the Apple App Store, Google Play or another authorized provider, a refund request may need to be directed to that provider.

5.5 Changes to plans and tiers. We may change prices, features or plan structure to the extent permitted by law. Material future changes affecting renewal will be handled in accordance with applicable law and platform rules.

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install and use the Service for your personal, lawful, internal, non-commercial purposes on devices you own or control, or otherwise within the limits permitted by the applicable usage rules of the relevant app store.

This is a license, not a sale. We and our licensors retain all rights not expressly granted by these Terms.

Except as expressly permitted by applicable law, you may not:

• copy, reproduce, distribute, publish or publicly display the Service;
• sell, resell, rent, sublicense, lend or otherwise use the Service for commercial purposes;
• reverse engineer, decompile, disassemble, decrypt or attempt to obtain the source code, underlying ideas, algorithms or non-public APIs;
• modify, adapt, translate or create derivative works based on the Service;
• circumvent or breach security mechanisms, access controls, subscription, advertising logic, anti-abuse protection or usage limits;
• use bots, scripts, automation, scraping or unauthorized integrations to access or manipulate the Service;
• use the Service to develop or test a competing product, except where such restriction is prohibited by law;
• remove notices of copyright, trademarks, attribution or other proprietary rights.

You agree not to use the Service:

• for any unlawful, fraudulent, harmful, abusive or misleading purposes;
• in violation of laws on intellectual property, privacy, consumer protection, export control, sanctions, cybersecurity or telecommunications;
• to distribute malware, spyware, ransomware, phishing content, botnet traffic or other malicious code;
• for unauthorized intrusion, credential attacks, denial-of-service attacks, spam or network abuse;
• to exploit, harm, harass, intimidate or deceive others;
• to circumvent restrictions established by law, regulation, court order, employer policy, educational institution or contractual restrictions, where such circumvention is unlawful;
• in a manner that interferes with, burdens, overloads or harms our infrastructure, partners, upstream providers or other users.

We may investigate suspected misuse and take any measures we reasonably deem necessary, including suspension, termination, access restriction, removal of access rights, device blocking, bandwidth limitation, or cooperation with competent authorities where required.

You acknowledge and agree that:

• no VPN service can guarantee uninterrupted availability, absolute anonymity, complete security or universal compatibility with all networks, devices, websites, applications or services;
• connection quality, speed, latency and server availability may vary depending on your network, internet provider, device, region, congestion, maintenance, blocking measures, third-party restrictions or factors beyond our control;
• some websites, applications, services or networks may detect, restrict, slow down, block or otherwise respond differently to VPN traffic;
• the Service does not replace endpoint protection, antivirus, secure handling of credentials, safe web browsing or compliance with the law;
• emergency services, telecommunications features, local network services, corporate VPNs, banking verification systems and similar services may not work correctly when connected to the Service.

We do not guarantee that the Service will be available in any particular country, region or network environment.

The Service may include integrations with third-party providers, including:

• app stores;
• payment processors;
• analytics providers;
• crash reporting providers;
• cloud infrastructure providers;
• advertising and monetization providers such as AdMob, and related partners.

Our relationships with such third parties may be governed by their own terms, privacy policies and practices. We are not responsible for the products, services, content, billing systems, availability or data processing practices of third parties, except where otherwise required by law.

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please read it carefully to understand how we collect, use, disclose and protect data.

We may release updates, patches, upgrades, fixes, new versions or modified features. You agree that:

• we may require updates to be installed in order to continue using part or all of the Service;
• declining to install updates may lead to reduced functionality, security risks, incompatibility or loss of access;
• some updates may change the design, protocols, features, compatibility or server availability.

The Service, including all software, source and object code, architecture, interface, text, graphics, trademarks, logos, design, databases, audiovisual materials and related content, is owned by the Company or licensed to it and is protected by intellectual property and other laws.

Except for the limited license expressly granted by these Terms, no rights are granted to you by implication, estoppel or otherwise.

NovaVPN, related logos, branding and service marks are the property of the Company or its licensors. You may not use them without prior written permission.

If you submit suggestions, ideas, bug reports, feedback or other input regarding the Service, you grant us a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, reproduce, adapt, modify, publish, distribute and otherwise use such feedback without restriction and without compensation, unless otherwise prohibited by applicable law.

We may suspend, restrict or terminate your access to the Service, with or without notice, if:

• you violate these Terms;
• we suspect fraud, abuse, unlawful conduct or a security risk;
• your payment fails, is reversed or cannot be confirmed;
• it is required by law, court order, sanctions regime, export restrictions or a request from a competent authority;
• continued provision of the Service is commercially impractical or technically impossible.

You may stop using the Service at any time. Termination does not release you from obligations that arose before termination.

Provisions that by their nature should survive termination will do so, including provisions on intellectual property, amounts due, disclaimer of warranties, limitation of liability, indemnification, governing law, dispute resolution and the special Apple provisions.

To the maximum extent permitted by applicable law, the Service is provided on an “as is”, “as available” and “with all faults” basis.

We disclaim all warranties and representations, express, implied, statutory or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, reliability and availability.

Without limiting the foregoing, we do not represent or warrant that:

• the Service will meet your expectations;
• the Service will always be available, uninterrupted, secure or error-free;
• any connections will remain private or anonymous;
• any defects will be corrected;
• the Service is compatible with any device, internet provider, website, router, firewall or network configuration.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above provisions may not apply to you.

To the maximum extent permitted by applicable law, the Company, its affiliates, officers, directors, employees, agents, licensors and service providers will not under any circumstances be liable for indirect, incidental, special, punitive or consequential damages, or for loss of profits, revenue, data, goodwill or other intangible losses, arising out of or related to these Terms or the Service, even if we were advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our aggregate liability for all claims arising out of or related to these Terms or the Service will not exceed the greater of:

• the amount paid by you for the Service during the twelve (12) months immediately preceding the event giving rise to the claim; or
• USD 50.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless the Company, its affiliates, officers, directors, employees, contractors, licensors and service providers from any claims, liabilities, losses, judgments, awards, costs and expenses, including reasonable legal fees, arising out of or related to:

• your use or misuse of the Service;
• your breach of these Terms;
• your violation of the law or the rights of third parties;
• content, traffic, actions or activity attributed to your account, device or use of the Service.

You agree to comply with all applicable laws, rules and regulations when using the Service, including export control rules, sanctions regimes, telecommunications regulation, cybersecurity, consumer protection and intellectual property law.

You represent and warrant that you are not:

• located in a prohibited jurisdiction where provision of the Service would be unlawful;
• a restricted or sanctioned party with whom we are legally prohibited from doing business.

We may block or restrict access where necessary to comply with applicable legal obligations.

Nothing in these Terms is intended to exclude, restrict or modify any mandatory consumer rights or statutory guarantees that cannot lawfully be excluded under applicable law. If such laws apply to you, certain disclaimers, exclusions or limitations contained in these Terms may not apply to the extent prohibited.

These Terms are governed by the laws of the State of Delaware, United States of America, without regard to its conflict-of-laws rules, unless mandatory consumer law requires otherwise.

Any dispute, claim or disagreement arising out of or related to these Terms or the Service is subject to the jurisdiction of the competent courts of the State of Delaware, United States of America, unless applicable law grants you the right to bring claims elsewhere.

We may change these Terms from time to time. When we do, we update the “Last updated” date and, where required, provide additional notice.

Your continued use of the Service after the updated Terms take effect constitutes acceptance of those updated Terms, unless applicable law requires another form of consent.

If you have questions, complaints or claims related to the Service, contact us:

• Calm Reliever LLC
• novavpnmedia@gmail.com
• novavpn.tech

This Section 24 applies only if you obtain the Service through Apple’s App Store.

You and the Company acknowledge that these Terms are concluded solely between you and the Company, and not with Apple, and that the Company, not Apple, is solely responsible for the Service and its content.

24.1 Scope of license. The license granted to you for the iOS version of the Service is limited to a non-transferable license to use the Service on any Apple device that you own or control, within the limits permitted by the applicable usage rules set out in the Apple Media Services Terms and Conditions.

24.2 Maintenance and support. The Company, not Apple, is solely responsible for providing maintenance and support for the Service, if any. You and the Company acknowledge that Apple has no obligation to provide any maintenance or support for the Service.

24.3 Warranties. To the extent a warranty disclaimer cannot be effectively applied under applicable law, the Company, not Apple, is responsible for such warranty. In the event of any failure of the Service to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price of the application, if applicable. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Service.

24.4 Product claims. You and the Company acknowledge that the Company, not Apple, is responsible for addressing any of your claims or third-party claims relating to the Service or your possession and/or use of the Service, including product liability claims; claims that the Service fails to conform to applicable legal or regulatory requirements; and claims arising under consumer protection, privacy or similar laws.

24.5 Intellectual property claims. In the event of any third-party claim that the Service or your possession and use of the Service infringes a third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such claim.

24.6 Third-party beneficiary. You and the Company acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms with respect to the license for the iOS application, and that, upon your acceptance of these Terms, Apple has the right to enforce them against you as a third-party beneficiary.

24.7 Third-party terms. When using the Service, you must comply with all applicable third-party terms, including those of your carrier, data services provider, device manufacturer or operating system provider.