Application Terms of Service
Last updated: February 9, 2021
These Application Terms of Service (“Application Terms”) together with any plan or feature limits, product disclaimers, or other restrictions presented to you in the application from which these terms are linked (“Application”) (collectively, the “Agreement”) govern your access and use of the Application. As used in this Agreement, “DNSSense” “Us” or “We” refers to Eonscope Inc.
By downloading, installing, accessing, or using the MAC Application you agree to be bound by this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND DNSSense. If you do not agree to this Agreement, you are not authorized to download, install, access, use, or copy the Application and DNSSense does not grant you a license, nor any right to access or use the Application.
THE AGREEMENT CONTAINS PROVISIONS REQUIRING THAT YOU AGREE TO THE USE OF ARBITRATION TO RESOLVE ANY DISPUTES ARISING UNDER THE AGREEMENT RATHER THAN A JURY TRIAL OR ANY OTHER COURT PROCEEDINGS, AND TO WAIVE YOUR PARTICIPATION IN CLASS ACTION OF ANY KIND AGAINST DNSSense.
2. Scope of License
You are granted a non-exclusive, personal, revocable, non-transferable license to use the Application on the device for which it is provided and that you own or control, subject to any terms of service, usage rules, or other terms and conditions provided by the Third Parties (defined below).
You agree to use the Application, and all related software or updates provided to you by DNSSense in accordance with this Agreement and not to modify, decompile, reverse engineer, or create derivative works of the Application. Except as otherwise required by applicable law or regulation, DNSSense, at any time in its sole discretion and without prior notice, may (i) terminate your use and license of the Application, (ii) expand, reduce, or suspend your use of the Application, (iii) update, revise, or modify the Application, or (iv) discontinue support for the Application.
The Application is licensed, not sold. It is owned, as applicable, by DNSSense, their affiliates, agents, or licensors and is protected by United States copyright laws and international treaty provisions. Except for the limited license expressly granted in this Agreement, DNSSense, their affiliates, agents, or licensors reserve all right, title, and interest in and to the Application. All content, trademarks, services marks, trade names, logos, and icons are proprietary to DNSSense, their affiliates, agents, or licensors. You may not remove any proprietary notices (e.g., copyright and trademark notices) from the Application.
3. VPN Profile
Although the Application will need to install a VPN profile on your device and operates similarly to a VPN product or service, the Application is not designed to hide your identity from the Internet properties you access from your device.
We do not guarantee the continuous availability of the Application or of any specific feature(s) or services of the Application. DNSSense will inform you of any significant changes to the Application it may occasionally make. DNSSense may impose usage or service limits, suspend service, or block certain kinds of usage at our sole discretion. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur. The speed and quality of the Application may vary and the Application is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair. The Application may be interrupted, refused, limited, or curtailed. DNSSense is not responsible for any failures to maintain the confidentiality, security, accuracy, or quality of your data, messages, or pages whether or not related to interruptions or performance issues with the Application.
5. User Responsibilities
A device enabled to access the Internet is required to utilize the Application. You are solely responsible for ensuring that your device is sufficient and compatible for use with the Application. DNSSense may not be used to misrepresent or to act on behalf of others. All messages you transmit through the Application shall identify you as the sender.
You will not use the Application to:
- Engage in any activities that are illegal;
- Transmit content that infringes on any person’s intellectual property rights or that is otherwise unlawful;
- Alter the attribution of origin in electronic mail messages or posting;
- Interfere with, disrupt, alter, or modify the Application, or any part thereof, or create an undue burden on the Application or the networks or services connected to the Application.
You shall at all times abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Application, including those related to data privacy, international communications and the transmission of technical or personal data. If DNSSense is contacted with a complaint regarding or arising from your use of the Application, DNSSense may deem your service usage in violation of this Agreement and terminate your account without notice.
6. Third Parties
The Agreement forms a contract between you and DNSSense, as applicable. Your wireless carrier, Internet service provider, the manufacturer and retailer of the device on which you install the Application, the developer of the operating system for your device, and the operator of any application store or similar service through which you obtain the Application (collectively, the “Third Parties”) are not parties to this Agreement. The Third Parties do not own and are not responsible for the Application. The Third Parties are not providing any warranty for the Application. They are not responsible for maintenance or other support services for it and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Application. Any inquiries or complaints relating to the use of the Application, must be directed to the correct address provided in the “contact information” below.
By accepting this Agreement, you also accept that you comply with all applicable Third Party terms of agreement when using the Application. You acknowledge and agree that the Third Parties and their subsidiaries are third party beneficiaries of this Agreement and that, upon your acceptance of the terms and conditions of it, they will have the right to enforce this Agreement against you as a third party beneficiary of this Agreement.
7. Beta Services
From time to time, we may make non-production services and software (“Beta Services”) that are under development available to you at no charge. You may access these Beta Services at your sole discretion. Beta Services are intended for testing purposes only, and may be subject to additional terms that will be presented to you at the time of sign-up. DNSSense is not obligated to provide you with support for the Beta Services or correct any bugs, defects, or errors in the Beta Services. Unless otherwise stated, any Beta Services testing period will expire upon the earlier of one year from the testing start date or the date that a version of the Beta Services becomes generally available without the applicable Beta Services designation. We may discontinue, suspend, or remove Beta Services (including any of your Information stored as part of the Beta Services) or your access thereto at any time in our sole discretion and may never make them generally available. You understand that any information you obtain regarding Beta Services is DNSSense confidential information, and you agree not to disclose such information until a Beta Service becomes generally available, except as required by law, and to only use such information in connection with your use of the Beta Services. Notwithstanding Section 14, we will have no liability for any harm or damage arising out of or in connection with any Beta Services.
8. Disclaimer of Warranties
THE APPLICATION IS MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. AS SUCH, YOUR USE OF THE APPLICATION IS AT YOUR OWN DISCRETION AND RISK. DNSSense MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE APPLICATION, ITS SAFETY OR SECURITY, OR THE SERVICES CONTENT. ACCORDINGLY,DNSSense IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE APPLICATION’S INOPERABILITY, UNAVAILABILITY, OR SECURITY VULNERABILITIES. DNSSense EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DNSSense BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT DNSSense HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF DNSSense TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE APPLICATION (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO AND SHALL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID TO DNSSense FOR ACCESS TO THE APPLICATION AND $0.1111.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. Third Party Software
The Application and future enhancements may contain certain third party components (“Third Party Components”) which may be provided to you under terms and conditions which are different from this Agreement, or which require DNSSense to provide you with certain notices and/or additional information. Your use of each Third Party Component will be subject to the terms and conditions of those other terms and conditions. DNSSense MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, WITH REGARD TO ANY THIRD-PARTY COMPONENTS. ALL THIRD-PARTY COMPONENTS ARE PROVIDED “AS-IS,” WITHOUT WARRANTIES OF ANY KIND. IN NO EVENT WILL DNSSense BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE THIRD PARTY COMPONENTS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
As part of the Application, you may receive push notifications, text messages, alerts, or other types of messages sent to you outside or inside the Application (“Push Messages”). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Application or through your device’s operating system (with the exception of Urgent Notifications described above). Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier. DNSSense disclaims all liability for Push Messages sent erroneously due to technical failures or errors.
12. Application Updates
DNSSense may require you to update your version of the Application at any time. While effort will be made to retain your personal settings and preferences, there is still the possibility that they may be lost.
15. Changes to the Terms
DNSSense reserves the right to make modifications to this Agreement at any time. If a revision materially alters your rights we will use reasonable efforts to make such information available to you. In some instances, you may be required to indicate your consent to the revised terms in order to continue accessing the Application. It is your responsibility to visit the terms section of the Application to review the most current terms and conditions.
13. Dispute Resolution and Arbitration
In the interest of resolving disputes between you and DNSSense in the most expedient and cost effective manner, you and DNSSense agree that any and all disputes arising in connection with this Agreement will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND DNSSense ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding Subsection 19.1, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
15. Contact Information
This Application is operated by Eonscope, Inc.. You may contact us by sending correspondence to the foregoing address (Attention: Legal Department) or by emailing us at [email protected]
This Agreement and the related terms referenced above constitute the entire understanding and agreement between us and you with respect to the transactions contemplated in this Agreement and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter of this Agreement, all of which are merged into this Agreement. Except as provided above, this Agreement may not be modified, amended or in any way altered except by an instrument in writing signed by authorized representatives of both parties. In the event any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree, the remainder of this Agreement will remain valid and enforceable according to its terms. Any failure by DNSSense to strictly enforce any provision of this Agreement will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of this Agreement.