Update date: September
11, 2024
These
Terms of Service (“Terms”) govern your use of and access to our website
(“Website”), applications (“Apps”) and other services (collectively, the
“Services”).
The
Services are provided by Autumn Breeze Pte. Limited (“we,” “us,” “our,” or
“Signal Secure”). Please note that the Terms constitute a binding legal
agreement between you ("User" or "You") and Signal Secure.
By visiting our websites, installing, and/or using the Services, you
acknowledge that you have read the Terms, understand them, and agree to be
bound by these Terms. If you do not agree with these Terms or any provisions
hereof, please do not install the Apps and do not use our Services.
Our
Services are virtual private network (“VPN”) services, which enhance internet
security and privacy.
To
use any of our Services via Website, you must set up an account. You are solely
responsible for all usage or activity on your account including, but not
limited to, use of the account by any person who uses your account, with or
without authorization, or who has access to any computer on which your account
resides or is accessible.
We
do not log or store any records on user’s activity using our Services, but if
you choose to create a user account, you must provide some basic information.
You must maintain and update this information current, truthful, complete, and
accurate. You warrant that you are authorized to provide such information. You
authorize us to verify your information at any time. If it is found to be
untrue, inaccurate, not current or incomplete, we retain the right, in our sole
discretion, to suspend or terminate your user account and your access to the
Services.
You
are responsible for maintaining the confidentiality of your account, username
and password and for restricting access to your account. You may not share your
password or other account access information with any other party, temporarily
or permanently, and you agree to accept responsibility for all activities that
occur under your account or password, whether or not authorized by you. You
agree to immediately notify us of any unauthorized use of your account,
username or password, as the case may be.
Your
use of the Services is at your own risk. The Services may be modified, updated,
interrupted or suspended at any time without notice or liability. We do not
bear any liability for any harm or other adverse consequences to you, caused by
this. Signal Secure, its owners, employees, agents and others that are involved
with the Services are not in any way or form liable for any harm of any kind
executed or intended, resulting from or arising through or from the use of any
account registered with Services.
We
may update the Terms from time to time without notice. If you continue to use
the Services, then you agree to the revised Terms. The current version of the
Terms is available on the Website and Apps. 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 Services following
the changes to these Terms constitutes your acceptance of the changed Terms.
For
information about how we process information about you and your use of our
Services, please see our Privacy Policy
We
may provide you with content belonging to Third Parties (“Third Parties”) or
links leading to third-party websites. We are not responsible for the
availability of the content provided by Third Parties as they are not under the
control or supervision of Signal Secure, and they may have different terms of
use and policies. Your access through our Services to any website, service, or
content provided by Third Parties does not indicate any relationship between us
and such Third Parties.
Also,
we may use the services provided by other third parties, from time to time,
include computer software supplied by third parties, which is utilized by
permission of the respective licensors and/or copyright holders on the terms
provided by such parties. We expressly disclaims any warranty or other
assurance to you regarding such third-party’s services.
Subject
to the terms and conditions of these Terms, we grant you a limited, revocable,
non-exclusive, personal, non-transferable, non-sublicensable, fixed-term
license to: (1) download our Apps; and (2) enter into the Website; and (3) use
the Services, including, without limitation, the products and services made
available on or through the our Apps or our Website. No other right or license,
express or implied, of any kind is granted to you hereunder with respect to the
Services. The license provided herein is effective until terminated. This
license automatically terminates if you fail to comply with these Terms.
The
Services, including, but not limited to, our Apps and Website, are owned and
copyrighted by Signal Secure and protected worldwide. We retain all right,
title and interest in and to the Services and any portion thereof, including,
without limitation, all copyrights, trademarks, service marks, patents, trade
secrets and other intellectual property rights. You shall not take any action
to jeopardize, limit or interfere in any manner with our ownership of and
rights with respect to the Services. All rights are reserved unless otherwise
noted.
By
accessing and using this website and by using the Services, you accept and
acknowledge that the Services, including the appearance, content, selection,
assembly and functionality and any other parts or specifics of our Website and
the Apps, is the ownership of Signal Secure (despite whether the specific
content is individually protected by copyright), and you are forbidden from
registration, adoption or any other use of trade names, symbols or signs that
are either identical or confusingly similar to any trademarks owned by Signal
Secure.
By
subscribing to the Services, you agree to become a subscriber (“Subscriber”)
for the period you have elected. A full list of subscription plans and pricing
is available on the Website and Apps. We reserves the right to amend
subscription fees or institute new fees at any time upon reasonable advance
notice posted on the Website or Apps or sent via email. Any changes to the
pricing will not affect the Subscriber’s current subscription period, but may
become effective upon subscription renewal, which will be decided solely at the
discretion of Signal Secure. Subscription purchases and refunds are handled via
multiple third-party payment companies. To find out more about these third
party payment companies and how they process your data, please refer to our
Privacy Policy.
Subscriptions
will automatically renew unless you turned off the auto-renew at least 24-hours
before the end of the current subscription period. The subscription fee will be
charged for renewal within 24-hours prior to the end of the current
subscription period to the payment method you last selected. Subscriptions may
be managed by the user and auto-renewal may be turned off by going to the
user's Account Settings after purchase.
(1)
If you purchased the Signal Secure product (or Service) from the Signal Secure
official Website, we offer you a 30-day money-back guarantee. You may cancel
your subscription for any reason within 30 days of your initial purchase and
you will receive a full refund of the amount you paid.
Refunds
beyond the 30-day purchase window will be considered, at the sole discretion of
Signal Secure, if you can demonstrate that the Service was not available or
usable during the subscription period and that reasonable attempts were made to
contact Signal Secure to resolve the issue. In this case, Signal Secure may
provide the Subscriber with a pro-rata refund of service fees paid during the
period when the Service was not available or usable.
(2)
If you purchased the Signal Secure product (or Service) from the Apple App
Store (iTunes), you do not have access to the 30-day money-back guarantee.
Instead, you can request refunds through the App Store, which are issued solely
at the discretion of Apple Support.
(3)
If you purchased the Signal Secure product (or Service) from Google Play Store,
you do not have access to the 30-day money-back guarantee. Only if you can
demonstrate that the Service was not available or usable during the
subscription period and that reasonable attempts were made to contact Signal
Secure to resolve the issue, Signal Secure may provide you with a pro-rata
refund of service fees paid during the period when the Service was not
available or usable.
(4)
If you purchased the Signal Secure product (or service) from third party
platform (eg: Codashop, or
others), please kindly contact the respective platform support for assistance.
Refunds
are generally processed within fourteen (14) business days, and are made to the
original form of payment used for purchase.
If
you have any additional questions or would like to request a refund, feel free
to contact us via the in-app feedback system or email us.
We
do not condone any unlawful use of the Services. Our Services shall not be used
for any criminal, illicit and illegal acts, and you accept and agree not to
violate any law of any jurisdiction that you are originating from and any other
applicable law. It is your responsibility to know and comprehend any and all
relevant laws related to any jurisdiction or venue that concerns you, your
actions and your use of Services. We reserve the right to limit, in our sole
discretion, the availability of the Services or any portion thereof, to any
person, entity, geographic area, or jurisdiction, at any time.
In
order to protect the Services from being misused or used to harm someone, we
reserves the right to take appropriate measures when our Services are being
used contrary to these Terms and applicable laws. You agree that we may
terminate your account or take any other legal measure provided by law, without
providing a refund for Services already paid, if you misuse the Service.
You
agree that you shall not:
THE
SERVICES (INCLUDING, WITHOUT LIMITATION, OUR APPLICATIONS, SERVICES AND
WEBSITES) ARE PROVIDED “AS IS” AND WITH ALL FAULTS. WE MAKE NO REPRESENTATION
OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY,
SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE SERVICES. YOU
ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR USE OF THE SERVICES, AND WE
DO NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE
OF THE SERVICES. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE
SERVICES AND FOR ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION. TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES
ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE
FOREGOING, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL
NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, NOR THAT THE SERVICES WILL BE
AVAILABLE FOR YOUR ACCESS OR USE, NOR THAT OPERATION OF THE SERVICES WILL BE
ERROR-FREE OR UNINTERRUPTED. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE
JURISDICTION TO ANOTHER JURISDICTION.
YOUR
USE OF THE SERVICES IS AT YOUR OWN RISK. NEITHER WE NOR ANY OF ITS PARENTS,
SUBSIDIARIES OR AFFILIATES, NOR ANY OF THEIR EMPLOYEES, OFFICERS OR DIRECTORS,
SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR
INFORMATION OF ANY KIND, LOSS OF BUSINESS, LOST PROFITS, INTERRUPTION OF
BUSINESS, COST OF COVER OR ANY OTHER DAMAGES) ARISING OUT OF OR IN ANY WAY
RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICES, WHETHER
BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE LIABILITY OF
SIGNAL SECURE SHALL NOT EXCEED WHAT THE USER PAID TO SIGNAL SECURE AND SHALL
NOT INCLUDE ATTORNEY FEES OR COURT COSTS IRRESPECTIVE OF ANY LAWS OR STATUTES
THAT MAY PRESCRIBE OTHERWISE.
You
agree, at your own expense, to indemnify, defend and hold harmless Signal
Secure, its parents, subsidiaries and affiliates, and their officers,
directors, employees, agents, distributors and licensees, from and against any
judgments, losses, deficiencies, damages, liabilities, costs, claims, demands,
suits, and expenses (including, without limitation, reasonable attorneys’ fees,
expert witness fees and expenses) incurred in, arising out of or in any way
related to your breach of these Terms, your use of the Services, or any of your
other acts or omissions.
These
Terms shall be governed by and construed in accordance with the laws of the
Singapore, excluding its conflicts of law.
If
a dispute arises in connection with these Terms, You agree to negotiate with
Signal Secure to attempt to resolve it. If the dispute is not resolved through
those negotiations, you agree to submit the dispute to the Singapore
International Arbitration Centre (SIAC) for final settlement. The venue of the
arbitration shall be Singapore and the language of the arbitration shall be
English.