Terms of Use

Last updated: March 29, 2019, Effective: March 29, 2019

These NativeVPN Mobile Application Terms of Use (“NativeVPN Mobile Terms”) govern your access or use of the NativeVPN mobile application made available by Manmachine Inc. (“Mobile Application”). As used in these Terms, “Manmachine,” “Us” or “We” refers to Manmachine, Inc. and its affiliates.

By downloading, installing, accessing or using the Mobile Application you are bound by these NativeVPN Mobile Terms. PLEASE READ THESE NATIVEVPN MOBILE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MANMACHINE. If you do not agree to these NativeVPN Mobile Terms, you are not authorized to download, install, access, use or copy the Mobile Application and Manmachine does not grant you a license, nor any right to access or use the Mobile Application.

1. Scope of License.
   You are granted a non-exclusive, personal, revocable, non-transferable license to use the Mobile Application on the mobile 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 Mobile Application, and all related software or updates provided to you by Manmachine in accordance with these NativeVPN Mobile Terms and not to modify, decompile, reverse engineer, or create derivative works of the Mobile Application. Except as otherwise required by applicable law or regulation, Manmachine, at any time in its sole discretion and without prior notice, may (i) terminate your use and license of the Mobile Application, (ii) expand, reduce or suspend your use of the Mobile Application, (iii) update, revise, or modify the Mobile Application, or (iv) discontinue support for the Mobile Application.
   
   The Mobile Application is licensed, not sold. It is owned, as applicable, by Manmachine, its affiliates, agents or licensors and is protected by United States copyright laws and international treaty provisions. Except for the limited license expressly granted in these NativeVPN Mobile Terms, Manmachine, their affiliates, agents or licensors reserve all right, title, and interest in and to the Mobile Application. All content, trademarks, services marks, trade names, logos, and icons are proprietary to Manmachine, their affiliates, agents or licensors. You may not remove any proprietary notices (e.g., copyright and trademark notices) from the Mobile Application.
   

2. Services.
   The Mobile Application will need to install a VPN profile on your device. Once installed, the Mobile Application can configure your device settings. Manmachine reserves the right to make future installs or updates to such certificates on your Device in connection with providing the Service at any time without notice.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.
   

3. Third Parties.
   These NativeVPN Mobile Terms form a contract between you and Manmachine, as applicable. Your wireless carrier, the manufacturer and retailer of the mobile device on which you install the Mobile Application, the developer of the operating system for your mobile device, and the operator of any application store or similar service through which you obtain the Mobile Application (collectively, the “Third Parties”) are not parties to these NativeVPN Mobile Terms. The Third Parties do not own and are not responsible for the Mobile Application. The Third Parties are not providing any warranty for the Mobile 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 Mobile Application. You must direct any inquiries or complaints relating to the use of the Mobile Application, by emailing us at hello@mnmchn.com. By accepting these NativeVPN Mobile Terms, you also accept that you comply with all applicable Third Party terms of agreement when using the Mobile 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 these NativeVPN Mobile Terms against you as a third party beneficiary of these NativeVPN Mobile Terms.
   

4. Export Control.
   You hereby represent and warrant (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
   

5. Disclaimer of Warranties.
   THE MOBILE APPLICATION IS MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT MANMACHINE HAS NO OBLIGATION TO MONITOR, CONTROL, OR VET USER CONTENT OR DATA. AS SUCH, YOUR USE OF THE MOBILE APPLICATION IS AT YOUR OWN DISCRETION AND RISK. MANMACHINE MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE MOBILE APPLICATION, ITS SAFETY OR SECURITY, OR THE MOBILE APPLICATION CONTENT. ACCORDINGLY, MANMACHINE IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES. MANMACHINE 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.
   

6. Limitation of Liability.
   TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MANMACHINE 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 MOBILE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MANMACHINE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
   YOU AGREE THAT THE AGGREGATE LIABILITY OF MANMACHINE TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE MOBILE 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 $0.1111.
   

7. Third Party Software.
   The Mobile 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 these NativeVPN Mobile Terms, or which require Manmachine 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. MANMACHINE 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 MANMACHINE 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.
   

8. Messaging
   As part of the Mobile Application, you may receive push notifications, text messages, alerts, or other types of messages sent to you outside or inside the Mobile Application (“Push Messages”). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Mobile 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. Manmachine disclaims all liability for Push Messages sent erroneously due to technical failures or errors.
   

9. Application Updates
   Manmachine may require you to update your version of the Mobile Application at any time. While every effort will be made to retain your personal settings and preferences, there is still the possibility that they may be lost.
   

10. Changes to the Terms
    Manmachine may revise these NativeVPN Mobile Terms at any time, and you agree to be bound by future revisions. It is your responsibility to visit the terms section of the Mobile Application to review the most current terms and conditions.
    

11. Governing Law
    These Native VPN Mobile Terms are governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Manmachine agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Mateo County, California for the purpose of litigating all such disputes.
    

12. Contact Information
    This Mobile Application is operated by Manmachine, Inc., located at 3068 Kyne Street West, San Mateo, California 94403. You may contact us by sending correspondence to the foregoing address (Attention: Legal Department) or by emailing us at hello@mnmchn.com.
    

13. Miscellaneous
    These NativeVPN Mobile Terms and the related terms referenced above constitute the entire understanding and agreement between us and you with respect to the transactions contemplated in these NativeVPN Mobile Terms and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter of these NativeVPN Mobile Terms, all of which are merged into these NativeVPN Mobile Terms of Use. Except as provided above, these NativeVPN Mobile Terms of Use 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 these NativeVPN Mobile Terms of Use is found invalid or unenforceable pursuant to judicial decree, the remainder of these NativeVPN Mobile Terms of Use will remain valid and enforceable according to its terms. Any failure by Manmachine to strictly enforce any provision of these NativeVPN Mobile Terms of Use 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 these NativeVPN Mobile Terms of Use.