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Terms Of Service

The following Terms of service (the "Terms") outlines the terms and conditions of use of and access to the Contents (the "Contents")and Services (the "Services") provided by mistycloud(waterbear soft, LLC). ("mistycloud" or "we"), which includes mistycloud's website (the "Website"), applications (the "Apps") and any software provided by mistycloud (the "Softwares").

ACCEPTANCE OF THE TERMS

By accessing the Contents or Services, you or those you represent (“you") agree and acknowledge that you have read and accepted the terms in its entirety. These Terms constitute a legally binding agreement (the "Agreement") between you and mistycloud. These terms also apply to all users of the Service, including the users with paid accounts. If you don't agree with any part of the Terms, you may not use our Service.

MODIFICATION

mistycloud reserves the rights, at its sole discretion to modify the Terms of this Agreement at any time. If any core changes to the Terms, all users will be notified by in-App message and will be announced by mistycloud on its Website. You understand that it is your responsibility to review any such modifications. If you continue to use mistycloud's Services and Contents after the modifications take effect, you understand and agree to the revised Terms.

PRIVACY POLICY

mistycloud does not and will not collect or store traffic data, DNS queries, browsing history and VPN connection destination.

mistycloud does require users to provide certain information such as email and payment information during registration and purchase for customer support purposes. The detailed information is documented on the Privacy Policy page on our Website; please review the document in accordance with the Acceptance of the Terms.

We do not provide any users' information to any third parties. We do not cooperate with any request for information unless we are ordered by a court of competent jurisdiction.

LICENSE

mistycloud grants you a non-exclusive, non-transferable right to use the service. You shall not modify, distribute, sublicense or by any mean commercially exploit or make available to any third parties the Services in any way.

mistycloud reserves all rights that are not expressly granted to you.

REFUND POLICY

  1. You can request a refund for any reason within 7 days since the purchase date. However, refund is not available if mistycloud detects any policy violation or illegal activities. Refunds beyond the 7-day purchase will be considered at the discretion of mistycloud.

  2. Purchase through App Store, Amazon or Galaxy Store :

    mistycloud is unable to proceed with any refund if you purchase through App Store, Amazon or Galaxy Store. If you would like request a refund, please seek help from Apple, Amazon or Samsung that execute independent refund policies.

ACCOUNT USAGE POLICY

It is your responsibility, at all times to assess whether using the Website, Apps, Software or Services is in compliance with applicable local, state national and foreign laws, and regulation. You should also comply with these Terms and applicable laws, regulation, and policies whenever you use the Website, Apps, Software or Services.

You agree to keep your mistycloud account information confidential. You are responsible all actions that occur on our servers where the login uses your username and password. You are advised to contact mistycloud if you discover or suspect that your account information has been compromised immediately.

When using our Service, you agree not to:

  • Send unsolicited contents(i.e., "spam") in any form over the Service.
  • Send contents that contain illegal, abusive, hateful, threatening, obscene materials; or intellectual property infringement and privacy invasion.
  • Distribute, reproduce, upload, download or post any copyrighted contents before obtaining authorization or permission from the owner of the proprietary material.
  • Distribute, reproduce, upload, download or post any contents that contain explicit or sexual depictions of minors.
  • Attempt to gain unauthorized access to the Service or its related systems or networks (i.e., any form of “hacking”).
  • Engage in any conducts that inhibit or restrict any other users from enjoying or using the Services, which include but not limited to unfair usage of the network(i.e., Utilizing substantially excessive bandwidth that exceeds the average user bandwidth usage for an extended duration or like manners that exert an excessive load on the network that may cause disturbance to other users on the network ).
  • In order to protect account security and prevent password leaks and theft, mistycloud VIP accounts are for personal use only, lending or leasing to others is not allowed. If we find the above incorrect use of mistycloud VIP account, we might choose to limit the number of login devices or prohibit the use of these accounts and delete related information, and will not refund any fees for this.

mistycloud reserves the right to take appropriate action when the Service is being used contrary to these Terms and applicable laws, which including termination of your account and the Service without providing a refund and notice.

DISCLAIMERS

mistycloud is providing this service on the "as-is" and "as-available" basis without warranty or representation of any kind. mistycloud does not guarantee the Services will meet your requirements, as in continuous availability of the Service or any specific feature(s) of the service. You acknowledge that you access the Website and Services at your sole risk and discretion.

The VPN Service (coverage, speed, quality, and server location) may vary, and the Service is subject to unavailability including but not limited to third-party service failure; emergencies; equipment, transmission, or network limitation or issue; interference or signal strength. mistycloud is not responsible for any failure to maintain the accuracy, quality, security, and confidentiality of your data, message, or pages whether or not related to interruptions or performance issues with the Service.

mistycloud may impose usage or service limits, suspend service, or block certain kinds of usage in our sole discretion.

LIMITATION OF LIABILITY

mistycloud shall not be liable under liable under contract, tort, strict liability, negligence or any other legal theory concerning the services for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. In no event will mistycloud, its partners, affiliates, subsidiaries, members, officers, or employees be liable for any direct, special, indirect, consequential, or incidental damages, or for any other loss or damages of any kind, even if they have been advised of the possibility thereof. The foregoing shall not apply to the extent prohibited by applicable law.

INDEMNIFICATION

You hereby agree to indemnify, defend, and hold harmless mistycloud, its employees, members, directors, agents, supplier, and affiliated companies and their employees, agents, directors, shareholders, members, from any and all claim and expenses, including attorneys’ fees, arising out of your use of the Content and Service, including but not limited to your violation of this Agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.

If you have any further questions, don't hesitate to contact use , our support email: sajidgif694@gmail.com