Last updated: April 24, 2023
PLEASE READ CAREFULLY THIS TERMS OF SERVICE AS IT AFFECTS YOUR OBLIGATIONS AND LEGAL RIGHTS. THIS TERMS OF SERVICE APPLIES TO ALL OUR SERVICES AND/OR PRODUCTS. THE FOLLOWING TEXT OUTLINES THE TERMS OF USE OF OUR APPLICATIONS, SERVICES AND WEBSITE. YOU SHOULD ALSO REVIEW OUR PRIVACY POLICY, WHICH OUTLINES OUR PRACTICES TOWARDS HANDLING ANY PERSONAL INFORMATION THAT YOU MAY PROVIDE TO US.
This Terms of Service (the "Terms") outlines the terms and conditions of use of the HiChatty mobile application (the "Mobile application") provided by OpticalVPN, LLC. ("OpticalVPN"). The term "Services" means OpticalVPN LLC. applications, the Website (the "Site"), products, services, software and accompanying documentation that related to the HiChatty mobile application and its functionality. These Terms govern the use and access to Services. Our Privacy Policy is incorporated by reference into these Terms, and is subject to the provisions of these Terms.
This Terms also constitutes an agreement, which is concluded between OpticalVPN LLC., 6-G Trostyanetska Street, Kyiv city, Ukraine, 02091 (identification number of the legal entity in the Unified state register of enterprises and organizations of Ukraine 44369491) and you, as User of our Services. According to this Agreement OpticalVPN LLC. provides Users with the right to use the Mobile application and its functions according to assignment specified in Section 3 of this Terms.
By accessing the Content or Services, you are agreeing on behalf of yourself or those you represent ("you") to comply with and be legally bound by these Terms in their entirety. These Terms constitute a legally binding agreement (the "Agreement") between you and OpticalVPN. IF YOU DO NOT AGREE WITH ANY PART OF THE TERMS, YOU MAY NOT USE OUR SERVICES.
YOU MAY NOT CREATE AN ACCOUNT, ACCESS OR USE THE SITE OR THE SERVICES UNLESS YOU CAN ENTER INTO A BINDING LEGAL AGREEMENT WITH OPTICALVPN AND YOU ARE NOT PROHIBITED FROM DOING SO UNDER APPLICABLE LAW. You acknowledge that you have reached 18 years and registration information provided by you is accurate and complete. You assume all responsibility for the use or access to the Site or the Services.
BY ACCESSING, REGISTERING, USING, INSTALLING OR DOWNLOADING THE MOBILE APPLICATION YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS TERMS AND AGREE TO BE BOUND BY THEM AND TO FULLY COMPLY WITH THEM. YOU FURTHER AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF OUR SERVICES. IF YOU DO NOT AGREE, DO NOT ACCESS, INSTALL, DOWNLOAD OR USE THE MOBILE APPLICATION. BY AGREEING TO THESE TERMS, YOU ARE ALSO AGREEING TO THE PRIVACY POLICY (ANNEX №1).
The Website or the Site shall mean the website maintained at chatbot.ai and/or all the subdomains of the website «chatbot.ai». The Website gives Users an opportunity to read information about our Services and the Mobile application.
The Mobile application – is a complex software with relevant functional assignment specified in Section 3 of this Terms. The Mobile application provides convenient access to the functions and capabilities of the GPT (the GPT is owned by OpenAI, L.L.C., 3180 18th Street, San Francisco, CA 94110).
The Administration – the person (persons) authorised by OpticalVPN LLC. to implement management of the Mobile application and other actions related to its usage.
The User means a person (individual) who has an access to the functionality of the Mobile application and/or otherwise uses our Services.
Account – record which contains data that User reports when registering via the Mobile application. It contains data needed for the User authorisation when using the Mobile application.
Registration – the procedure of creating an account.
The Mobile application provides convenient access to the functions and capabilities of the GPT and other related OpenAI services (the GPT is owned by OpenAI, L.L.C., 3180 18th Street, San Francisco, CA 94110). OpticalVPN, LLC. is not the owner of the ChatGPT and other OpenAI products and/or services.
Our Mobile application provides Users only with access to the relevant OpenAI services. Such access is provided via our Mobile application and using the appropriate OpenAI API. We and/or our Mobile application do not ensure the functioning of OpenAI services. THEREBY, OPTICALVPN, LLC. IS NOT RESPONSIBLE FOR THE FUNCTIONALITY OF OPENAI SERVICES AND ANY RISKS RELATED TO USAGE OF ANY OPENAI PRODUCTS AND SERVICES, INCLUDING THEIR USAGE VIA OUR MOBILE APPLICATION.
BY USING THE MOBILE APPLICATION, YOU AGREE WITH THE STATEMENT INDICATED ABOVE. IF YOU DO NOT AGREE WITH THIS STATEMENT, YOU SHOULD REFRAIN FROM USING OUR MOBILE APPLICATION.
What is OpenAI`s GPT? GPT (Generative Pre-trained Transformer) is an autoregressive language model that uses deep learning to produce human-like text. When given a prompt, it will generate text that continues the prompt. The detailed information on the current version of OpenAI`s GPT available at https://openai.com/product/gpt-4. The information on all the OpenAI products is available at https://openai.com/product.
Usage of the OpenAI GPT and related services is a subject to the terms and policies of OpenAI, which are available for reviewing at https://openai.com/policies. By using our Mobile Application, you also agree to OpenAi's terms and policies. If you do not agree, you should refrain from using our Mobile application.
PLEASE TAKE INTO ACCOUNT THAT YOUR USAGE OF OUR MOBILE APPLICATION, OPENAI`S GPT AND SERVICES IS AT YOUR OWN RISK.
WE DO NOT APPROVE ANY UNLAWFUL, ILLICIT, CRIMINAL OR FRAUDULENT ACTIVITIES COMMITTED BY USING THE MOBILE APPLICATION. YOU ARE USING THE MOBILE APPLICATION AT YOUR OWN RESPONSIBILITY. OPTICALVPN, LLC. WILL NOT BE LIABLE IN ANY WAY OR FORM FOR ILLEGAL ACTIONS DONE BY YOU ARISING THROUGH OR FROM THE USE OF OUR SERVICES.
OPTICALVPN, LLC. is committed to your privacy. For the sake of clarity and transparency, we have placed all information related to personal data collection in a separate document known as the PRIVACY POLICY (ANNEX №1), which is available on the Site and incorporated into this Agreement by reference. Please review the PRIVACY POLICY in its entirety to get a clear understanding of how we handle your personal information.
We may update the Terms from time to time without notice. If you continue to use Services after these changes take effect, then you agree to the revised Terms. The current version of the Terms is available on the Site. You understand and agree that it is your obligation to review these Terms from time to time in order to stay informed on current rules and obligations. Your use of the Service following the changes to these Terms constitutes your acceptance of the changed Terms.
You can install the Mobile application by downloading from the Apple App Store. In order to use the Mobile application, you will need a paid subscription, which is available in the application after registration. Subscription options and their prices are available in the application. All our paid Premium Plans are subscribed on a service period basis. All subscriptions are automatically renewed unless you unsubscribe at least twenty-four (24) hours before expiration of the current subscription period. Deleting an app does not cancel your subscription. Your Apple ID will be charged for renewing your subscription within 24 hours before the end of the current subscription period. The renewal period will be for the same period of time as the initial period (free trial period is not taken into account). By activating your subscription, you agree to become a subscriber for the period you have chosen.
Certain Paid Subscriptions may offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid Subscription before we start charging your payment method, you must cancel the subscription at least 24 hours before the free trial ends. If you have started a free trial version of a paid subscription and unsubscribe before expiration of trial period, you will not be able to reactivate the free trial version. Free trial versions are only available to users who have not yet used the free trial versions. If you try to run more than one free trial version, you will be immediately charged standard subscription fee.
You acknowledge and agree that all billing and transaction processes are handled by the Apple App Store. The purchase, use and unsubscription of Premium Plan are regulated by the terms of the Apple App Store, which are available at the following address https://www.apple.com/legal/internet-services/itunes. We do not have access to Apple ID accounts and does not have the ability to manage Apple App Store subscriptions.
We reserve the right to change subscription prices. If price increases, Apple App Store will notify you and, if necessary, ask for your consent to continue.
Signing up for a subscription constitutes acceptance of all of the terms of this Agreement.
If you still have any questions about your subscription, you can contact our support service at the following address: support@opticalvpn.com
You can cancel your subscription at any time. To do this, you need to go to the "Manage Subscriptions" category in the settings of your Apple ID account. To learn more about unsubscribing, visit https://support.apple.com/en-us/HT202039. We do not have access to manage subscriptions activated through the Apple App Store.
Subscriptions purchased through the Apple App Store are subject to Apple's refund policy. To get a refund, you need to contact Apple App Store support service. The funds are returned solely at the discretion of Apple Support Service. To request a refund, visit https://support.apple.com/en-us/HT20408. We do not have access to manage subscriptions activated through the Apple App Store.
Whenever you use Services, you agree to comply with these Terms, all applicable laws, regulations, and policies. YOU MAY NOT USE OUR SITE, APPS, SOFTWARE, OR SERVICES, TO POST OR TRANSMIT ANY ILLEGAL MATERIAL, INCLUDING WITHOUT LIMITATION ANY TRANSMISSIONS THAT WOULD CONSTITUTE A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, OR OTHERWISE VIOLATE ANY LOCAL, STATE, NATIONAL OR INTERNATIONAL LAW OR REGULATION. IN PARTICULAR, THE FOLLOWING IS A REPRESENTATIVE, NON-EXHAUSTIVE LIST OF ACTS THAT ARE PROHIBITED:
We require that you do not misuse our Services. A misuse refers to any use, access, or interference with Services contrary to the Terms or applicable laws and regulations.
You understand that it is your responsibility to keep your account information confidential. You are responsible for all activity under your account. If you ever discover or suspect that someone has accessed your account without your authorization, you are advised to inform us immediately so that we may revoke your account credentials and issue new ones.
We reserve the right to take appropriate measures when Services are being used contrary to these Terms and applicable laws, including cooperating with public or private authorities as provided by law. Furthermore, we reserve the right, in case of breach of this Agreement, to, inter alia, restrict or suspend, in whole or in part, the access to Services, as well as to initiate legal actions, if you misuse the Service.
If OpticalVPN is contacted with a complaint connected to, or because of your use of the Services, OpticalVPN will decide if your usage is in violation of this Agreement and may terminate your account without notice.
Right holders, who draw the conclusions that, by means of the contents downloaded via Services, their legal interest, for e.g. the intellectual property, is violated, can contact us at support@opticalvpn.com so that we can prevent the further access to such content.
OpticalVPN may at any time modify or discontinue, temporarily or permanently, all or any part of Services or your account, with or without notice, and you agree that OpticalVPN will not be liable to you or any third party for any such modification, suspension or discontinuance. Our Services are not intended to be used in countries where offering or providing Services is illegal (like Italy where the GPT and some other OpenAI's services have a regulatory issues), and we do not offer Services in such countries or to citizens of such countries, including the countries of Iran, Cuba, North Korea, Syria, Sudan or Russian federation.
By using our Services, you affirm that you are at least eighteen (18) year of age and/or over the age of majority in the jurisdiction you reside and from which you access the Site and/or Services where the age of majority is greater than eighteen (18) years of age. If you are under the age of eighteen (18) and/or under the age of majority in the jurisdiction you reside and from which you access the Site and/or Service, then you are expressly prohibited from accessing the same. You understand and acknowledge that the internet may contain information that may be inaccurate, offensive, indecent, illegal in various jurisdictions, or may be inappropriate for certain. You agree that OpticalVPN is not liable for providing access to or any damages or losses resulting from such information. In accordance with the Children's Online Privacy Protection Act (COPPA) and associated rules, we do not knowingly collect or maintain any personal information from children under 13.
If you open an account to use or access the Services, you must complete the registration process by providing the complete and accurate information requested on the registration form. You may be asked to provide an e-mail address and password. You are entirely responsible for maintaining the confidentiality of your password. Please, change your password on a regular basis. You may not sell, or trade that Account to any other person.
You agree to notify us immediately of any unauthorized use of your account, e-mail address, or password. We are not liable for any loss that you or any third party incur as a result of someone else using your password, either with or without your knowledge. We reserve the right to terminate your account at any time.
The Services and Software may be subject to export control restrictions of the United States, the European Union, Canada or other jurisdictions. By using the Services or downloading any Software from OpticalVPN, you warrant that you are not located in any country, or exporting the Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Services any content, data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of these Terms.
Subject to your compliance with these Terms, OpticalVPN grants you a personal, limited, non-transferable, non-exclusive license to use the Mobile application, solely for your personal, private and non-commercial use in connection with the OpticalVPN Services accessed by you. This license is personal to you, and you may not resell our Services, permit other users access to our Services through your account, or use the Services or our System to host content for others. You may not copy or download any content from the OpticalVPN Services except with the prior written approval of OpticalVPN.
Furthermore, without the prior written approval of OpticalVPN, you may not distribute, publicly perform or display, lease, sell, assign, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Site content or Services. Any commercial use is expressly prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Site. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the OpticalVPN Services you are using.
ONLY REGISTERED USERS COULD USE INTERACTIVE RESOURCES AND/OR FUNCTIONS OF THE MOBILE APPLICATION. THE USER HAS THE RIGHT TO USE RESOURCES AND/OR FUNCTIONS OF THE MOBILE APPLICATION IN SUCH WAYS WHICH ARE NOT CONTRADICTING THESE TERMS OF USE. YOU PROMISE NOT TO GIVE YOUR ACCOUNT TO SOMEONE ELSE.
You hereby represent and warrant that you will use Services solely for privacy and security needs and in full compliance with all applicable local, state, national, and international laws, rules and regulations. You can't use the Services for any mischievous activities. You do not agree, allow or encourage any third party to prevent others from using the Services, use the Services for any fraudulent or illegal purposes, act in any way that violates this Agreement.
We do not control, and we are not responsible for, any data, content, services, or products (including software) that you access, download, receive or buy while using our Services. We may, but do not have any obligation to, block information, transmissions or access to certain information, services, products or domains to protect our Services, our network, the public or our users. We are not a publisher of third-party content accessed through Services and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through our Services.
The functionality of the Mobile application and quality of related Services may vary. OpticalVPN will attempt to provide the Services at all times, except for limited periods for maintenance and repair. However, the Services may be subject to unavailability for a variety of factors beyond our control including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. You also should take into account that our Services and their quality depend on OpenAI`s services and their availability.
We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Services or communications services or networks. We may impose usage or Services limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users or the Services. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
WE WILL STRIVE TO PREVENT INTERRUPTIONS TO THE SITE AND SERVICES. HOWEVER, THESE ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, AND WE DO NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED THROUGH THE SITE OR SERVICE, OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. OpticalVPN IS NOT LIABLE FOR DAMAGES WHICH MAY OCCUR FOLLOWING THE EXPOSURE OF THE IDENTITY OR THE IP ADDRESS OF THE USER OR THE BREAKDOWN OF INDIVIDUAL VPN SERVERS. MOREOVER, OpticalVPN NO WARRANTY FOR THE AVAILABILITY OF CERTAIN SERVERS WITHIN THE OpticalVPN NETWORK AND FOR THE PERFORMANCE THEREOF. WE ALSO RESERVE THE RIGHT TO MODIFY THE SERVICE BY UPDATING THE SOFTWARE OR MAKING CHANGES TO CERTAIN FEATURES. YOU ACKNOWLEDGE THAT YOU ACCESS THE SITE AND SERVICES AT YOUR SOLE RISK AND DISCRETION.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, OpticalVPN’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
OpticalVPN is available worldwide. We can’t guarantee it’ll work in all regions, though. As it’s a VPN, some countries can restrict access to this kind of software.
OpticalVPN reserves the right to investigate matters we consider to be violations of these Terms. We may, but are not obligated to, in our sole discretion and without notice, remove, block, filter, or restrict by any means any materials or information that we consider to be actual or potential violations of the restrictions set forth in these Terms, and any other activities that may subject OpticalVPN or our customers to liability. These rights include the right to terminate your account or take any other legal measure provided by law. OpticalVPN disclaims any and all liability for any failure on our part to prevent such materials or information from being transmitted over the Service and/or into your computing device.
You agree to release service provider, its affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed ("claims"), arising out of or in any way connected with your use of this website or our Services.
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.
Your sole and exclusive right and remedy in case of dissatisfaction with the website and/or Services or any other grievance, shall be your discontinuation of access to or utilization of the Website and/or Services.
THE ADMINISTRATION IS NOT RESPONSIBLE FOR ANY ACTIONS OF THE USERS. UNDER NO CIRCUMSTANCES WILL OpticalVPN, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS ("OpticalVPN PARTIES") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, SITE OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, OUR SITE OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND SERVICES.
IF, NOTWITHSTANDING THE FOREGOING, ANY OF THE OpticalVPN PARTIES IS FOUND TO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE, SERVICE, SOFTWARE OR ANY CONTENT THEREIN, THE OpticalVPN PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF THE AMOUNT YOU PAID OpticalVPN FOR YOUR USE OF THE SERVICE.
SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, THE OpticalVPN PARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred.
You agree to indemnify, defend, and hold harmless OpticalVPN, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the site or our Services, your violation of these Terms of Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. This Section shall survive termination of these Terms.
Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed. Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general action, unless both you and OpticalVPN specifically agree to do so in writing following initiation of the proceedings. This provision is not applicable to the extent such waiver is prohibited by law.
We shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond our control including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.
In the event that OpticalVPN is acquired by, or merged with, a third-party entity, OpticalVPN may, without your prior written consent, assign this Agreement and its rights and obligations hereunder to a new corporate entity, who shall be bound by these same rights and obligations. The rights and obligations of the Parties under this Agreement shall be binding upon and inure to the benefit of the successors and permitted assigns of the Parties. Any assignment not in accordance with this Agreement shall be void.
In order to make our Services available, OpticalVPN cooperates with third party providers. We make best efforts to monitor and choose our partners and secure the services provided to you. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING CONTENT, GOODS, SOFTWARE OR SERVICES YOU OBTAIN FROM THIRD PARTY PROVIDERS. We are not responsible for the availability or compliance of the content provided by Third Party Providers.
The Parties are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture or agency relationship between them. Neither Party has authority to enter into Terms of any kind in the name of the other Party. Relationship which arises from this Agreement is regulated in accordance with the laws of Ukraine.
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.
Should you have any questions, comments or concerns regarding the Site or Services, customer service may be contacted at any time via support@opticalvpn.com.
These Terms are regulated by and construed in accordance with the laws of Ukraine. The venue of any action arising out of or in connection with this Agreement shall be Ukraine. Each party hereby agrees jurisdiction and venue of Ukraine, and disclaims any objection to such jurisdiction and venue.
All of the disputes related to this Terms are resolved through negotiations. If the dispute can not be resolved in the specified way then it is the subject to further consideration in courts of Ukraine. Any reason for a claim relating to these Terms and/or the Site and/or the Service should be filed in the courts located in Ukraine and according to the legislation of Ukraine, and you hereby agree to and submit to the exclusive jurisdiction of such courts.
If any provision in this Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement shall remain in full force and effect. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.
This Agreement contains the following annexes which are its integral part (and also are an independent legal documents):
OpticalVPN LLC.
6-G Trostyanetska Street, Kyiv city, Ukraine, 02091