Terms of Service

Last updated: 2024.09.19

These Terms of Service ("Terms") govern your use of and access to our mobile application ("App"), available on both the Google Play Store and the iOS App Store. The Services are provided by Blueberry Web Solutions Pvt. Limited ("we," "us," "our," or "Kivo"), located at Unit No. 304, South City Business Park, 770, Anandpur Sahib, West Bengal, Kolkata - 700107. These Terms form a legally binding agreement between you ("User" or "You") and Kivo. By downloading, installing, or using the App, you confirm that you have read, understood, and agreed to comply with these Terms. If you do not agree with any part of these Terms, please refrain from installing the App or using our Services. If you are accepting these Terms on behalf of an employer or another entity, you warrant that: (i) you have the legal authority to bind that entity to the Terms, and (ii) you consent to these Terms on behalf of the entity you represent.

1. General Terms

Our Services provide virtual private network ("VPN") functionality, aimed at enhancing your internet security and privacy. To access certain features of the Services, you may be required to create an account. You are solely responsible for all activities conducted through your account, whether by you or anyone else, authorized or unauthorized, who has access to your account or device. While we do not log or store any records of user activity on our Services, if you create a user account, you must provide basic information such as your email address and a password.

If you opt to subscribe to our premium services, additional information like billing details and your country/address will be required. It is your responsibility to keep this information accurate, current, and truthful. By providing this information, you warrant that you have the authority to do so and you authorize us to verify this information at any time. If any of the details are found to be false, outdated, or incomplete, we reserve the right, at our sole discretion, to suspend or terminate your account and deny access to the Services.

You are also responsible for maintaining the confidentiality of your account credentials (username and password) and restricting access to your account. You must not share your account credentials with others, either temporarily or permanently. You accept responsibility for any activity that occurs under your account, whether authorized or unauthorized. Should you become aware of any unauthorized use of your account or credentials, you agree to notify us immediately.

Your use of the Services is at your own risk. We continuously evolve our Services by introducing new features or modifying existing ones. The Services may be changed, updated, interrupted, or suspended at any time without notice or liability. We will not be responsible for any harm or adverse effects caused by these changes. Kivo, along with its owners, employees, agents, and affiliates, will not be held liable for any damages, whether intentional or unintentional, arising from or related to your use of an account registered with our Services.

2. Modification to The Terms

As a user of Kivo VPN services, you are responsible for staying informed about the latest version of these Terms. We may update these Terms periodically, and any changes will be reflected by updating the "Effective Date" at the top. By continuing to use the App after changes are posted, you agree to the revised Terms.

3. Privacy Policy

We do not track or log your activities within the App (such as visited apps, DNS lookups, emails, etc.). The only data we log pertains to access attempts to our servers, which is used strictly for security and troubleshooting purposes. We are committed to safeguarding your anonymity and do not engage in any form of censorship. Your personal information will not be shared with third parties, except in cases outlined in our Privacy Policy. Additionally, we do not comply with any information requests unless legally required by a court of competent jurisdiction. Our systems are designed to provide you with the highest level of privacy and protection.

For more details on how we handle your data, please refer to our Privacy Policy.

4. Third-Party Websites and Services

Our Services may contain content from third-party providers or links to external websites. We are not responsible for the availability, accuracy, or content of these third-party services, as they are beyond our control. Accessing any third-party content through our Services does not imply any affiliation or endorsement of these third parties by Kivo VPN. Additionally, we may utilize software or services from third parties, which are subject to their own terms and conditions. We make no warranties regarding the performance or reliability of any third-party services used in conjunction with Kivo VPN.

5. License

Subject to these Terms, we grant you a limited, revocable, non-exclusive, personal, non-transferable, and non-sublicensable license to: (1) download and install our apps; and (2) use the services, including any products or features available through the apps. This license does not grant any other rights, whether expressed or implied, and remains effective until terminated. The license will automatically terminate if you fail to comply with any provisions of these Terms.

The services, including our apps, are owned and copyrighted by Kivo and are protected globally. Kivo retains all rights, title, and interest in and to the services, including all copyrights, trademarks, patents, trade secrets, and other intellectual property rights. You must not take any action that could harm, limit, or interfere with Kivo’s ownership rights. All rights are reserved unless explicitly stated otherwise.

By using the app and services, you acknowledge that the appearance, content, functionality, and any other aspects of the app are the exclusive property of Kivo, even if specific content is not individually protected by copyright. You are prohibited from registering, adopting, or using any trade names, symbols, or signs that are identical or confusingly similar to Kivo’s trademarks.

You grant Kivo and its affiliates a perpetual, irrevocable, worldwide license to use any feedback, suggestions, or ideas ("Feedback") you provide regarding the services without compensation or obligation. You waive any rights, including moral rights, related to such feedback.

6. Subscriptions

By subscribing to our services, you agree to become a subscriber ("Subscriber") for the duration you select. A full list of available subscription plans and pricing is provided within the app. Kivo reserves the right to amend subscription fees or introduce new charges, with reasonable notice provided via the app or email. If we do not receive timely payment, your services may be suspended or canceled. Any pricing changes will not affect your current subscription period but may apply to future renewals, subject to Kivo’s discretion.

Subscriptions are handled by third-party payment processors, and information on how they process your data can be found in our Privacy Policy. Your subscription will automatically renew unless auto-renewal is turned off at least 24 hours before the end of the current subscription period. The renewal fee will be charged to your selected payment method within 24 hours before the current subscription period expires. You can manage subscriptions and turn off auto-renewal through your account settings.

Kivo reserves the right to verify credit or debit card payments before completing a purchase. We may:

1. Retry failed payments to complete the transaction,
2. Obtain and use updated credit card information (if applicable) from the card provider,
3. Change or modify payment processors to assist with payment processing.

7. Refund Policy

1. Purchases from the Apple App Store:

If you purchased the Kivo VPN app via the Apple App Store (iTunes), the 30-day money-back guarantee does not apply. Refund requests for such subscriptions are subject to Apple’s App Store Refund Policy, and you may request a refund through the App Store at Apple’s sole discretion.

2. Purchases from the Google Play Store:

If you purchased the Kivo VPN product or service from the Google Play Store, the 30-day money-back guarantee is not available. However, if you can demonstrate that the service was unavailable or unusable during your subscription period and that you made reasonable efforts to contact Kivo VPN for resolution, Kivo VPN may provide a pro-rata refund for the service fees paid during the period the service was unavailable or unusable.

3. Purchases from Third-Party Platforms:

If you purchased the Kivo VPN product or service through a third-party platform, the refund policies of that platform will apply. Please contact the respective platform's customer support for further assistance with your refund request.

4. Important Note:

If you seek a refund or wish to unsubscribe, do not delete your account before completing the process. Deleting your account will remove all information from our system, including order details, making it impossible to process your refund or cancellation request.

For any questions or to request a refund, please contact us through the in-app feedback system or email us.

8. Prohibited and Restricted Uses

Kivo VPN does not tolerate any illegal or unlawful use of its services. By using our services, you agree not to engage in any activities that violate the law, whether in your jurisdiction or elsewhere. You are solely responsible for understanding and complying with all relevant laws. We reserve the right to limit, at our sole discretion, the availability of services to any individual, organization, geographic region, or jurisdiction at any time.

To protect against misuse, we may take appropriate measures, including terminating accounts or taking legal action, without issuing refunds for already paid services, if our services are used unlawfully or in violation of these Terms. You agree not to:

• Send unsolicited advertisements or content (e.g., "spam") via our services.
• Transmit or post illegal, hateful, threatening, defamatory, or abusive content, or any material that infringes on intellectual property, invades privacy, or incites violence.
• Upload, download, or distribute copyrighted or proprietary content without the owner’s consent.
• Upload, download, or share content depicting minors in sexual or explicit contexts.
• Engage in any behavior that restricts or hinders others from using or enjoying the services.
• Attempt unauthorized access to computing devices or systems (e.g., hacking).
• Compile, distribute, or utilize lists of IP addresses associated with Kivo VPN.
• Use the services for military purposes, including cyber warfare, weapons development, or production of nuclear, chemical, or biological weapons.
• Violate or infringe upon the intellectual property, privacy, or legal rights of Kivo VPN or any third party.
• Use the services for any purpose other than lawful, legitimate activities.

9. Disclaimer of Warranties

The Kivo VPN services, including without limitation our applications and related services, are provided on an "as is" and "as available" basis, with all faults. We make no representations or warranties, express or implied, regarding the completeness, accuracy, adequacy, suitability, functionality, availability, or operation of the services.

You acknowledge and accept that we have no control over how you use the services, and we make no guarantees about the performance or results from your use of the services. By using Kivo VPN, you assume full responsibility and all risks associated with your use, including any loss, error, or inaccuracy of data or information.

To the fullest extent permitted by applicable Indian 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, as well as any warranties arising from course of dealing or usage of trade. Without limiting the above, we make no representation or warranty that:

1. Your use of the services will not infringe upon the rights of third parties;
2. The services will be available at all times for your access or use;
3. The operation of the services will be free from errors, interruptions, or faults.

Please note that some laws in India may not permit the exclusion of implied warranties. Therefore, certain disclaimers mentioned above may not apply to you. Additionally, you may have other rights as provided under the applicable laws in your jurisdiction.

10. Limitation of Liability

Your use of the Kivo VPN services is at your sole discretion and risk. Kivo VPN, its parent company, subsidiaries, affiliates, as well as their employees, officers, or directors, shall not be held responsible or liable for any direct, indirect, punitive, incidental, special, consequential, or other damages, including but not limited to, loss of data, loss of information, loss of business opportunities, loss of profits, business interruptions, or the costs of substitute services, arising out of or related to the use or inability to use the Kivo VPN services. This applies regardless of the legal basis for such claims, whether based on contract, tort, strict liability, or any other legal theory, even if Kivo VPN has been advised of the possibility of such damages.

In all circumstances, Kivo VPN's total liability will be limited to the amount paid by the user for the services and will not include attorney fees or court costs, regardless of any applicable law or regulation that may state otherwise.

11. Indemnification

You agree to indemnify, defend, and hold harmless Kivo, along with its parent companies, subsidiaries, affiliates, and their respective officers, directors, employees, agents, distributors, and licensees, from and against any claims, demands, losses, damages, liabilities, costs, judgments, suits, or expenses (including, but not limited to, reasonable legal fees and expert witness fees) that arise directly or indirectly from:

1. Your Breach of These Terms: Any violation of these Terms of Service by you, whether intentional or unintentional.
2. Your Use of the Services: Any misuse or improper use of the Kivo VPN services, including any unlawful or prohibited activities.
3. Your Acts or Omissions: Any actions or failures to act that result in harm, liability, or loss related to the use of Kivo VPN services.

This obligation to indemnify extends to any legal or regulatory claims made by third parties, governmental bodies, or authorities, and it applies regardless of the jurisdiction in which such claims are made. You agree to bear the full cost of defense, including legal representation and any potential settlements or judgments that may arise.

12. Choice of Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

13. Dispute Resolution and Arbitration

In the event of a dispute arising from or related to these Terms, you agree to first attempt to resolve the issue amicably through negotiation with Kivo VPN. If the dispute cannot be resolved through negotiation, both parties agree to submit the matter to binding arbitration in accordance with the rules of the Indian Council of Arbitration (ICA).

The arbitration shall take place in New Delhi, India, and will be conducted in English. The decision of the arbitrator will be final and binding on both parties. Each party shall bear its own costs related to the arbitration, unless otherwise awarded by the arbitrator.