Welcome to the Magicter VPN and our IOS and Android mobile application (our “Service”). These Terms of Use (“Terms”) apply as between you, the User of this Service and Pybo Labs Inc. dba Magicter VPN  (“Magicter VPN”, "us", "we", or "our"), the provider(s) of this Service.



Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of the Service. If you do not agree to be bound by these Terms, you should stop using the Service immediately.



You agree that by accessing the Service, you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Service and you must discontinue use immediately.



These Terms (the “Terms”) constitute a legal agreement between you and us governing the use of Magicter VPN. We license use of Magicter VPN to you on the basis of these Terms. We do not sell Magicter VPN to you, and we remain the owner of Magicter VPN at all times.



Intellectual Property
All Content included on the Service, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Magicter VPN, our affiliates or other relevant third parties. By continuing to use the Service you acknowledge that such material is protected by applicable United States and International intellectual property and other relevant laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Service unless otherwise indicated on the Service or unless given express written permission to do so by Magicter VPN.
You acknowledge that you have no right to have access to Magicter VPN in source code form.
You must not use any part of the content on Magicter VPN for commercial purposes not specified on Magicter VPN without obtaining a license to do so from us or our licensors.
The provisions set out in these Terms govern your access to and your use of Magicter VPN and shall constitute a legally binding agreement between you and us.
We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use Magicter VPN.
Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive, and non-transferable license to use Magicter VPN on these Terms.
We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to Magicter VPN at any time, or remove or edit content on Magicter VPN or on any of our affiliated websites (including social media pages).
We reserve the right to change, modify, suspend, or discontinue any portion of the Services, Magicter VPN or any other products, services, and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.



Use of Magicter VPN



Apple and Google Devices License Agreement

The following terms apply when you use our APP obtained from either the Apple’s, or Google’s store (each an “App Distributor”) to access our APP:

the License granted to you for our APP is limited to a non-transferable License to use our APP on a device that utilizes the Apple iOS or Google operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
we are responsible for providing any maintenance and support services with respect to the APP as specified in the terms and conditions of this License or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the APP.
you must comply with applicable third-party terms of agreement when using the APP,
you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this License, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this License against you as a third-party beneficiary thereof.
Subscription

The Services may require payment of subscription fees before you can access or use them (“Fees”). These Fees will be shown to you through our App.
If you purchase a recurring subscription from us, the subscription period for your Account shall be renewed automatically at the expiry of each subscription period, until terminated successfully through our App. By purchasing the recurring subscription, you authorise us or our related corporations to automatically charge the Fees:

upon the commencement of your first subscription period, upon expiration of any applicable trial period or at a date otherwise indicated by us; and
on the renewal date of the subscription period thereafter, without any further action by you.
Any Fees due in relation to your Account must be paid by their due date for payment, as notified to you through our App or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to your Account and/or our App or any of the Services.
Our Fees may be amended from time to time at our discretion. We will provide you reasonably advanced written notice of any amendment of recurring Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees.
You shall be responsible for any applicable taxes (including any goods and services tax).
All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third-party payment methods. We shall not be liable for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.
Unless otherwise notified in writing by us, termination of your Account for any reason whatsoever shall not entitle you to any refund of the Fees. If you cancel your subscription to our App, you may continue to access your Account until the expiry of the subscription period in which the cancellation occurred.
Magicter VPN grants you a limited, revocable, non-exclusive, non-sub-licensable license to install, copy and use the Service solely as necessary for you to use the Service on your Properties or Third Party's Properties; and 
You will not and you will not allow any third party to:

copy, modify, adapt, translate or otherwise create derivative works of the App;
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the App, except as expressly permitted by the law in effect in the jurisdiction in which you are located;
rent, lease, sell, assign or otherwise transfer rights in or to the Service;
remove any proprietary notices or labels on the Service or placed by Magicter VPN;
use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or Magicter VPN; or
use data labelled as belonging to a third party in the Service for purposes other than generating, viewing and downloading Reports. You will comply with all applicable laws and regulations in Your use of and access to Magicter VPN and Service.
Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:

not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, Magicter VPN or any of the contents therein for any commercial or other purposes;
not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of Magicter VPN nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, Magicter VPN or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
not to provide or otherwise make available Magicter VPN in whole or in part (including but not limited to listings, object and source listings, object code and source code), in any form to any person without prior written consent from us;
to include our copyright notice on all entire and partial copies you make of Magicter VPN on any medium;
to comply with all applicable technology control or export laws and regulations; and
not to disrupt, disable, or otherwise impair the proper working of the Services, Magicter VPN or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.
You may use Magicter VPN only for lawful purposes and you may not use Magicter VPN:

in any way that breaches any applicable local or international laws or regulations;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:

not to reproduce, duplicate, copy or re-sell any part of Magicter VPN in contravention of the provisions of our Terms; and
not to access without authority, interfere with, damage or disrupt:
any part of Magicter VPN;
any equipment or network on which Magicter VPN is stored;
any software used in the provision of Magicter VPN; or
any equipment or network or software owned or used by any third party.
For the purposes of applicable data protection legislation, Magicter VPN will process any personal data you have provided to us in accordance with our Privacy Policy.
You agree that, if you have provided Magicter VPN with personal data relating to a third party (a) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Magicter VPN and (b) that you have brought to the attention of any such third party the Privacy Policy of Magicter VPN. You agree to indemnify Magicter VPN in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on Magicter VPN. We also reserve the right to modify or discontinue all or part of the Service without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service.
Nothing in these Terms will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.
The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality.
Magicter VPN accepts no liability for any disruption or non-availability of the Service resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Magicter VPN makes no warranty or representation that the Service will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of Magicter VPN.
The Service is provided on an as-is and as-available basis.
You agree that your use of the Service and Magicter VPN will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Service and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Service’s content, or the content of any website linked to the Service, and we will assume no liability or responsibility for any

errors, mistakes, or inaccuracies of content and materials,
personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service,
any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
any interruption or cessation of transmission to or from the Service,
any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or
any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Service.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.
As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
We do not collect logs of your activity, including no logging of browsing history, traffic destination, data content, or DNS queries.
We also never store connection logs, meaning no logs of your IP address, your outgoing VPN IP address, connection timestamp, or session duration.
We do not log your VPN sessions, browsing behavior, the websites you visit, or any other activity related to your VPN connection. In addition, we never store VPN connection logs and timestamps that associate your incoming and outgoing IP address or session duration.
We will maintain certain data that you transmit to the Service for the purpose of managing the Service, as well as data relating to your use of the Service. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
We are not liable for the completeness, accuracy or correctness of any information uploaded to Magicter VPN and any Related Content. You expressly agree that your use of the Services and Magicter VPN, including reliance on any Consultant’s Advice, is at your sole risk.
You agree not to use the Services, Magicter VPN and the Related Content for any re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, Magicter VPN or any other website or software) for:

loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss or corruption of data or information;
loss of business opportunity, goodwill or reputation; or
any other indirect or consequential loss or damage.
Nothing in these Terms shall limit or exclude our liability for:

death or personal injury resulting from our negligence;
fraud; and/or
any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
Magicter VPN is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and Magicter VPN. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and Magicter VPN which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.



Nonexclusive license



Restrictions



Prohibited uses



Privacy



Modifications And Interruptions



Availability of the Service



Disclaimers



User Data



Limitation of liability



Indemnity

You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of Magicter VPN, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms  or any laws or regulations or otherwise.



No Waiver

In the event that any party to these Terms fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.



Severance

Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.



Law and Jurisdiction

These Terms and the relationship between you and Magicter VPN shall be governed by and construed in accordance with the Law of the State of Texas and Magicter VPN and you agree to submit to the exclusive jurisdiction of the Courts of Texas.