Effective on 01/09/2023
These Terms of Service (“Terms”) govern your use of the Bear VPN App (the “App”) and the Bear VPN website (https://bearvpn.co) and related service (the “Services”), which are owned and operated by Bear Labs LLC (“Bear Labs LLC,” “we” or “us”). Our Privacy Policy is incorporated by reference into these Terms and is subject to the provisions of these Terms. Please read these Terms carefully before you access the App or Services, as these Terms form a binding legal agreement between you and Bear Labs LLC.
By accessing the App or registering for or using the Services, you agree to these Terms in their entirety.
THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE “BINDING ARBITRATION AND CLASS ACTION WAIVER” SECTION.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE OR SERVICES. YOUR USE OF OUR SITE AND SERVICES REQUIRES YOUR ACCEPTANCE OF THESE TERMS AS THEY MAY BE AMENDED FROM TIME TO TIME, INCLUDING THE POLICIES INCORPORATED BY REFERENCE HEREIN, WHICH INCLUDES THE BEAR VPN PRIVACY POLICY, WHICH CAN BE FOUND AT PRIVACY POLICY
Bear Labs LLC. ("Bear VPN") reserves the right, at its sole discretion, to modify or replace the terms of this Agreement at any time. If the alterations constitute a material change, Bear VPN will notify you by posting an announcement on the Bear VPN website. What constitutes a material change will be determined at Bear VPN sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using our Services following notification of a material change to this Agreement shall constitute your acceptance of the Agreement as modified.
You understand that we are providing you with a virtual private network (“VPN”) service, which includes, but is not limited to, the use of servers, transport, routers, IP addresses and other equipment and protocols to transmit information over our network (the “System”). You agree to abide by these Terms with respect to your use of the Service.
You may not access or use the Site or Services if you are unable to form a binding, legal agreement with Bear VPN. You affirm that you are over the age of 18. You assume all responsibility for your use of, or access to, the Site or Services.
Bear VPN does not meter the number of connections from a client. However, Bear VPN reserves the right to reduce or limit connections to ensure the proper functioning of our systems.
Accuracy. By registering for our Services, you represent and warrant that all information you submit to us is true, accurate, current and complete and that you will promptly notify us if your information changes.
Privacy. You may browse the Site without providing us with any personal information; however, to use our Services, you must register with us and submit certain personally identifiable information. You expressly agree that we may use your information in accordance with the terms of the Bear VPN Privacy Policy, which you can find and read at PRIVACY POLICY.
Bear VPN grants you a personal, limited, non-transferable, non-exclusive license to use Bear VPN Site content and the Services, solely for your personal, private and non-commercial use in connection with the Bear VPN 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 Bear VPN Services except with the prior written approval of Bear VPN.
Furthermore, without the prior written approval of Bear VPN, you may not distribute, publicly perform or display, lease, sell, 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 Bear VPN Services you are using.
Making unauthorized copies or distribution of Site content may result in the termination of your Bear VPN account, prohibition on use of Bear VPN Services, and further legal action.
Bear VPN enforces a zero-tolerance SPAM policy regarding information transmitted through our network. Bear VPN may determine in its sole discretion whether any transmissions are considered SPAM. SPAM includes, but is not limited to, the following:
Bear VPN is providing the Services "AS IS", as available, with all faults, without representation or warranty of any kind. Bear VPN does not guarantee as to the continuous availability of the service or of any specific feature(s) of the service. Bear VPN may change the Services, impose usage or service limits, suspend service, or block certain kinds of usage at our sole discretion. The security, accuracy and timeliness of data is not guaranteed; loss, errors, delays or omissions may occur.
The speed and quality of the Service may vary and the Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed.
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 the Services. We may, but do not have any obligation to, block information, transmissions or access to certain information, services, products or domains to protect the Services, our network, the public or our users. We are not a publisher of third-party content accessed through the 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 the Service.
You agree to comply with all applicable laws and regulations in connection with your use of the Services. You may not use our Services, or our Software or System, 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:
Bear VPN respects the intellectual property rights of others and expects that you do the same. It is our policy to terminate in appropriate circumstances the accounts of subscribers who infringe the copyrights of others. You may not upload, download, post, publish, transmit, reproduce, or distribute in any way, files, material, information, software or other material obtained through the System that is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or other right holder. Additionally, you shall not upload, download, post, publish, reproduce, transmit or distribute in any way any component of the System itself or derivative works with respect thereto.
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 Bear VPN, 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.
You agree that Bear VPN, for any or no reason, and without penalty, may discontinue in whole or in part, cancel or suspend your use of the Service at any time, with or without notice.
You acknowledge and agree that you are solely responsible for protecting your password and other personal information and for the consequences of not protecting these data. Access to the System, our Services, the Internet, and to certain online transactions involves the use of identification numbers, passwords, payment accounts or other individualized nonpublic information (“Private Documentation”). You shall use your best efforts to prevent unauthorized use of our Services, the System or of any Private Documentation, and shall promptly report to Bear VPN any suspected unauthorized use or other breach of security. You shall be responsible for any unauthorized use of your identification numbers or passwords until we receive written notice of a breach of security and a request to block further access for such numbers and passwords. Bear VPN shall not be liable for any unauthorized use of payment accounts. Account sharing (e.g. allowing others to use your account information to access the Services) is not permitted.
By using our Services, you affirm that you are at least 18 years of age, or otherwise over the age of majority in the jurisdiction in which you reside. You understand that the Internet may contain information which may be offensive, may be illegal in various jurisdictions or may be inappropriate for certain ages and that Bear VPN is not responsible for detection and removal of 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.
Actual service coverage, speeds, locations and quality may vary. Bear VPN 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. 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.
YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. THE SITE, ALL SITE INFORMATION AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. BEAR VPN DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. BEAR VPN DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR SERVICE, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.
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, BEAR VPN’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.
UNDER NO CIRCUMSTANCES WILL BEAR VPN, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“BEAR VPN 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 BEAR VPN 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 BEAR VPN PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID BEAR VPN FOR YOUR USE OF THE SERVICE; AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.
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 BEAR VPN PARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
These Terms are governed by, and construed in accordance with the laws of the State of Ohio,USA. The parties submit to the exclusive jurisdiction of the courts of the State of Ohio for any proceedings in connection with these Terms.
You agree to defend, indemnify and hold the Bear VPN Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or relating to any violation of these Terms by you; any content or material you submit or otherwise transmit through our System or Services; or your violation of any rights of another. Bear VPN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you. This Section shall survive termination of these Terms.
If you have any questions or concerns about these Terms, please contact us at [contact information].