End User License Agreement (EULA)

THIS END USER LICENSE AGREEMENT, TOGETHER WITH THE PRIVACY POLICY WHICH IS INCORPORATED BY REFERENCE TO THIS END USER LICENSE AGREEMENT, SET FORTH THE LEGALLY BINDING AGREEMENT ("AGREEMENT") BETWEEN YOU (AN INDIVIDUAL) AND HOLA VPN Ltd. ("HOLA" OR "US", OR "OUR" OR "WE"); THIS AGREEMENT GOVERNS YOUR ACCESS AND USE OF, THE HOLA SOFTWARE ("SOFTWARE"), THE HOLA SDK AS INCORPORATED IN OTHER SOFTWARES OR SERVICES, THE HOLA VPN LTD WEBSITES ("SITE") AND ANY ACCOMPANYING SERVICES, FEATURES, CONTENT AND APPLICATIONS ("FEATURES") OFFERED BY US (ALL COLLECTIVELY REFERRED HEREIN AS THE "SERVICES"). PLEASE READ THESE TERMS CAREFULLY IF YOU WISH TO USE THE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR DO NOT CONSENT TO OUR PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES. YOUR USE OF THE SERVICES IS UNDER LICENSE AS SET FORTH IN THESE TERMS. HOLA RESERVES ALL RIGHTS IN THE SERVICES INCLUDING ANY RIGHT WHICH IS NOT EXPRESSLY PROVIDED IN THIS AGREEMENT. BY USING THE SERVICES, YOU AGREE THAT YOU WILL NOT USE THEM FOR ANY ILLEGAL OR UNAUTHORIZED PURPOSE.

Privacy

We value your privacy and take efforts to protect it. Please see our Privacy policy to know more about our data collection and usage practices.

Your Use of the Services

The Services are provided to you free of charge in our standard format, but some of the Features or functionalities may not be available to you under our standard version of the Software; If you decide to purchase a Plus version of the Software, additional features and functionalities may be available;

You may not use the Services if you are under the age of 13 or if you are not the owner or approved administrator of the device on which you install the Software or otherwise use the Services.

We reserve the right, at our sole discretion, to change, modify, add, or delete any of the terms and conditions of this Agreement or any portion thereof at any time including without limitation the availability of any Features. Your continued use of the Service following any revision of the Services or this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. If you do not agree to be bound by the amended Agreement, you may not use or access (or continue to use or access) the Services.

Payment, renewals and Refund

You can use the free version of the Software. If you decide to purchase the Plus version of the Software you will be charged with our then-current monthly fee. The Plus account will be automatically renewed each month until you notify us that you wish to terminate it. You may send request to terminate Plus account to: billing@hola.org or cancel your payment on your 'my account' page. We may use third party services to collect payment from you and manage any payment procedure. Before using such third party services, we recommend that you read and understand the applicable terms and conditions of such services and privacy policies and ensure that you agree to their terms. You acknowledge that we are not responsible for any third party services or for the content or privacy practices of such third parties. You are knowingly and voluntarily assume all risks of using such third party services.

Limited License

During the Term, we hereby grant you a personal, non-exclusive, non-transferable, non-assignable, non-sub-licensable, revocable and limited license to access and use the Services and to install a copy of the Software on your personal device. This limited license is solely for your personal and non-commercial use. Any commercial use of the Services or Software, including, but not limited to, any use by an individual on behalf of a company or corporate entity, shall be considered a breach of this Agreement. If you wish to make any commercial use of the Services (or any portion of them), you must enter into an agreement with us in advance. Please contact bd@hola.org for more information.

The Software is licensed to you, not sold. Except as expressly indicated in this Agreement or within any of the Services you may not: (a) copy, modify, or distribute the Services or any portion of them; (b) sell, lend, rent, assign, export, sublicense or otherwise transfer the Software or the Services; (c) modify, translate, reverse engineer, create derivative works based on the Software or the Services or otherwise attempt to discover any source code, protocol or process used within or in connection with the Software or the Services; (d) alter, delete or conceal any copyright, trademark or other notices in connection with the Services or the Software; (e) interfere with or impair the use of others of the Services or with any network connected to the Services; (f) use the Services or the Software by themselves or in conjunction with any other products to infringe upon any third party's rights, including without limitation third party's intellectual property rights, to invade users' privacy in any way, or to track, store, transmit or record personal information about any other user of the Services or the Software;(g) otherwise violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Any such forbidden uses shall immediately and automatically terminate your license to use the Software and the Services, without derogating from any other remedies available to us at law or in equity.

Prohibited Conduct

You may not use the Services in any manner that could damage, disable, overburden, or impair our servers or interfere with any other party's use and enjoyment of the Services. You may not attempt to gain unauthorized access to any aspect of the Services or to information for which you have not been granted access through password mining or any other process. We may take any and all legal, equitable, technical or operational means available to prevent or cease any violation or breach of this Agreement and to otherwise enforce this Agreement.

Registration and Security

In order to activate some of the Services you will have to create an account sign up and provide a username, password and your email address ("Registration Data"); You hereby agree to: (a) provide true, accurate, current and complete information as may be prompted by any registration forms regarding your registration or use of the Services; and (b) maintain and promptly update the Registration Data, and any other information you provided to us, for the purpose of keeping such information accurate, current and complete. You may not let anyone else access your account or do anything else that might jeopardize the security of your account or enable unauthorized use. You are responsible for maintaining the confidentiality and security of your Registration Data and for all activities that occur under your account. You must notify us immediately when the security of your Registration Data or account has been breached. We will not be liable for any loss that you may incur as a result of someone else using your password of account, either with or without your knowledge.

Proprietary Rights

The Software, Site and Features including any versions, revisions, corrections, modifications, enhancements and/or upgrades thereto, accompanying materials, services and any copies you are permitted to make under this Agreement are owned by us or our licensors and are protected under intellectual property laws, including copyright laws and treaties.

You acknowledge that all right, title, and interest in and to the Software, Site and Features and associated intellectual property rights (including, without limitation, any patents (registered or pending), copyrights, trade secrets, designs or trademarks), evidenced by or embodied in or attached or connected or related to the Software, Site and Features are and shall remain owned solely by us or our licensors. This Agreement does not convey to you any interest in or to the Software, Site or Features, or any of the Services, but only a limited, revocable right of use in accordance with the terms of this Agreement. Nothing in this Agreement constitutes a waiver of our intellectual property rights under any law. Nothing in this Agreement constitutes a waiver of our intellectual property rights under any law.

The Hola logos and trademarks are our trademarks and no right, license, or interest in any such trademarks is granted hereunder.

We respect the intellectual property of others, and we ask you to do the same. It is important (and a condition of this Agreement) that you comply with all copyright laws and other provisions in connection with any content agreement to which you may be a party through the Services.

User Generated Content

The Site may contain comments and recommendations, sections, discussion forums, bulletin boards, or other interactive features ("Interactive Section(s)") in which you may post or upload comments or user-generated content such as text, video, photos, messages, other materials or items (collectively, "User Content"). You are solely responsible for your use of any Interactive Section (either by posting User Content or otherwise interacting with User Content or making decisions based on User Content) and your use of them is at your own risk and under your sole responsibility.

By submitting User Content to an Interactive Section, you hereby agree to abide by the following restrictions:

you may not upload, post or otherwise transmit any User Content that: (i) violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability; (ii) violates or infringes in any way upon the rights of others, including any intellectual property rights or make statements which may defame, harass, stalk or threaten others; (iii) is offensive in any fashion, including blatant expressions, racism, abusiveness, vulgarity, profanity, pornography, pedophilia, incest, bestiality, or otherwise obscene; (iv) advocates or provides instruction on illegal activity or discuss illegal activities or encourage illegal activity; (v) is soliciting terrorism; (vi) contains advertising, promotional materials or any solicitation with respect to products or services; (vii) is not generally related to the designated topic or theme; (viii) contains software or other materials which contain a virus or other harmful or disruptive component;
Do not impersonate others or falsely state or otherwise misrepresent any endorsement by or affiliation with any person or entity;
Do not interfere with any other end user's right, including the right for privacy, copyrights or any other right;
Do not interfere with or disrupt the Site or the Services or networks connected to the Site or to other users, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
Do not reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site or Services or User Content, use of the Site domain, or access to the Site in an unauthorized fashion;

We shall have the right, but not the obligation, to monitor User Content posted or uploaded to the Site to determine compliance with these terms and conditions and any operating rules established by us and to address any law or regulation. Although we have no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Site, we reserve the right, and have absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Site at any time and for any reason. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from any User Content submitted by you or third party.

Infringement Notices And Counter-Notice

If you believe that your work has been copied in a way that constitutes copyright infringement, you may submit a notification by providing our agent with the following information in writing:

a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Company to locate the material;
information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You can file such complaint over the email at: abuse@hola.org. You acknowledge that if you fail to comply with all of the requirements of this section, your infringement notice may not be valid.
You may visit our DMCA Policy for further information

Automatic Software Updates and Upgrades

The Software is automatically updated or upgraded at our discretion and without any action on your part. The updates and upgrades may include error corrections, bug fixes, updates, upgrades, software compatibility components, security updates and new features or functionalities. The updates or upgrades will be deemed part of the Software, and will be subjected to the terms of this Agreement, unless the updates or upgrades are expressly provided subject to a separate agreement. We reserve the right to change, modify or alter the Software or the Services, or any portion of them (including their names, title, logo or design) and/or to completely cease providing the Services in our sole discretion.

Automatic Uploading, Routing and Caching

The Services may improve your use of the Internet, among other means by re-routing some of your requests through other Hola users (the "Value Exchange"). Your free use of the Services will in turn enable other devices using the Services to be re-routed through your device. By using the Services you consent to the use of your device in the described manner and agree that other Hola devices may use your network connection and resources. Note that Hola will make its best effort not to enable any use of your device's resources unless your resources are at that time idle and are not using your battery power or roaming, and to maintain the highest levels of privacy and security. If you purchased a Plus account, portions of this section may not be applicable to you. You represent that your entry into this Agreement and your use of the Services does not breach any contract, duty, law, regulation or right, and that if sharing your resources is not desirable or allowed in your case, you will not use the Services, or purchase a Plus account to use the network but not to contribute resources to it.

How is it free?

In return for free usage of Hola Free VPN Proxy, Hola Fake GPS location and Hola Video Accelerator, you may be a peer on the Luminati network. By doing so you agree to have read and accepted the terms of service of the Luminati SDK SLA. You may opt out by becoming a Plus user.

Beta program

You acknowledge that the Services are still in beta stage and therefore you may encounter bugs and/or limited functionality.

Third Party Websites and Content

The Services may contain links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, video, audio, information, mobile applications, "plug-ins", offers and other content or items which belong to or originate from third parties ("Third Party Applications or Content"). Such Third Party Sites and Third Party Applications or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Applications or Content posted on, available through or installed from the Services, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of the Third Party Sites or the Third Party Applications or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications or Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third Party Sites or to use or install any Third Party Applications or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data collection practices of any Third Party Site to which you navigate from the Services or which relate to any applications you use or install from the Third Party Site.

Warranty Disclaimers

THE SOFTWARE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND (INCLUDING SUPPORT OR OTHER SERVICES BY US OR OUR LICENSORES).YOU AGREE THAT YOUR USE OF THE SERVICES AND SOFTWARE SHALL BE AT YOUR SOLE RISK AND RESPONSIBILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE OR SERVICES: (A) WILL BE ERROR OR DEFECT FREE OR OTHERWISE FREE FROM ANY INTERRUPTIONS OR OTHER FAILURES; (B) WILL MEET YOUR REQUIREMENTS; OR (C) THAT ANY ERROR WILL BE IMMEDIATELY FIXED; WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT (INCLUDING ANY USER CONTENT) OR TO ANY THIRD PARTY SITES OR APPLICATIONS OR CONTENT OR ANY PORTION OR COMPONENT OF EITHER AND ASSUME NO LIABILITY OR RESPONSIBILITY AND DISCLAIM ALL WARRANTIES FOR ANY (I) PROBLEMS OR AVAILABILITY OF INTERNET CONNECTIONS (II) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT OR SERVICES, (III) PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR TO ANY THIRD PARTY SITE, (IV) ANY UNAUTHORIZED ACCESS TO YOUR DEVICE OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION REGARDING THE SERVICES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, OR (VIII) ANY USER CONTENT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO ANY TRANSACTION OR OTHER ENGAGEMENT WITH SUCH ADVERTISING OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE SERVICES, AND TO ALL TRANSACTIONS YOU UNDERTAKE ON THROUGH THE SERVICES.

Limitation of Liability

IN NO EVENT WILL WE OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE SERVICES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE SERVICE, EVEN IF WE OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT, SHALL OUR AGGREGATE LIABILITY TO YOU AND ANY OTHER PARTY, WHETHER DIRECT OR INDIRECT, EXCEED FIFTY DOLLARS ($50.00) FOR ANY AND ALL CLAIMS, DAMAGES, AND OTHER THEORY OF LIABILITY.

Indemnification

You hereby agree to indemnify, defend and hold us, our subsidiaries, parent corporation and affiliates, partners, sponsors and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (collectively, "Parties"), harmless from and against any and all liabilities, losses, expenses, damages, and costs (including reasonable attorneys' fees), incurred by any of the Parties in connection with any claim arising out of your use of the Site or Services, any use or alleged use of your account or your password by any person, whether or not authorized by you, your violation or breach of this Agreement or your violation of the rights of any other person or entity.

Term and Termination

This Agreement becomes effective upon the earlier of your access to the Services or installation of the Software until terminated by either you or us (the "Term"). You may terminate your relationship with us at any time by completely uninstalling the Software. Your failure to comply with the terms and conditions of this Agreement or any other agreement you have with us will terminate your license and this Agreement. Upon termination of this Agreement the license granted to you shall automatically expire and you shall discontinue all further use of the Software and Services.

We have the right to take any of the following actions in our sole discretion at any time without any prior notice to you:

Restrict, deactivate, suspend, or terminate your access to the Services, including deleting your accounts and all related information and files contained in your account;
Refuse, move, or remove any material that is available on or through the Services;
Establish additional general practices and limits concerning use of the Services.

We may take any of the above actions for any reason, as determined by us in our sole discretion, including, but not be limited to, (a) your breach or violation of this Agreement, (b) requests by law enforcement authority or other governmental agency, (c) a request by you, (d) discontinuance or material modification to the Services (or any part thereof), and (e) unexpected technical or security issues or problems. You agree that we will not be liable to you or any third party for taking any of these actions.

Compliance with Law & Export Control

The Software is intended for use only in compliance with applicable laws and you undertake to use it in accordance with all such applicable laws. Without derogating from the foregoing and from any other terms herein, you agree to comply with all applicable export laws and restrictions and regulations and agree that you will not export, or allow the export or re-export of the Software in violation of any such restrictions, laws or regulations. You agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country under US or other applicable law.

General

Entire Agreement; This Agreement, including the policies you may be referred to in the Agreement, constitute the entire agreement between you and us with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Notifications; We may be required by applicable law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or through the Services or delivering them to you via email. You may update your email address through the Services where you have provided us with your contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. If you are a resident of the State of California, U.S.A., you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Assignment; You agree that this Agreement and our rights hereunder may be assigned, in whole or in part, by us or our affiliate to any third party, at our sole discretion, including an assignment in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part. You may not assign, sublicense, or delegate your rights under this Agreement.
Governing Law; The Agreement and the relationship between you and Hola shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to its choice of law rules. You agree that any legal action arising out of or relating to the Agreement or your use of, or inability to use, the Site or Services shall be filed exclusively in the competent courts of Tel Aviv-Yaffo and you hereby consent and submit to the personal and exclusive jurisdiction and venue of, and waive any jurisdictional, venue, or inconvenient forum objections to, such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. In this Agreement, there shall be no third party beneficiaries to this Agreement.
No waiver; The failure by us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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