EULA
END-USER LICENSE AGREEMENT
Last Updated: February 20, 2023
This End User License Agreement (this "EULA") is a binding legal agreement between you and Oqtacore SARL. Please read the term of this End User License Agreement carefully before continuing with the download and installation of the Software.
By downloading, installing, or using this application for Android, iOS or any other platform in which it is made available (the "Software"), you agree to be bound by the terms of this EULA.
If you do not agree to this EULA, do not continue to sign-up, therefore agreeing to be bound by this EULA and do not use the Software. You agree that the installation or use of the Software signifies that you have read, understood, and agree to be bound by this EULA.

Basic Rules
1. You can use the Software only for personal purposes (you may not use them for commercial purposes). You must not use the Software for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations (for example, federal, state, local and provincial) applicable to your use of the Software and your Content (defined below), including but not limited to, copyright laws. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials that you submit, post, or display on or via the Software.
2. You must not interfere or disrupt the service or servers or networks connected to the Software, including by transmitting any worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature, or access Oqtacore’s private API by any means other than in compliance with rules we set on API access.
3. You are not allowed to resell or charge others for use of or access to the Software, or duplicate, reproduce, transfer, give access to, copy, or distribute any part of the Software in any medium without Oqtacore's prior written authorization.
4. Violation of the Agreement may, in Oqtacore’s sole discretion, result in a ban of Oqtacore SARL usage. You understand and agree that Oqtacore SARL cannot and will not be responsible for the Content stylize on the Software and you use the Software at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Oqtacore SARL, we can stop providing all or part of the Services to you.

License Grant and Account Usage
Oqtacore SARL 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. Oqtacore SARL reserves all rights that are not expressly granted to you.
We also use a tool called "Google Analytics" to collect information about your use of the Site (instavpn.online). Google’s ability to use and share information collected by Google Analytics about your visits to this Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.
You agree to keep your InstaVPN account information confidential. You are responsible all actions that occur on our servers where the login uses your user ID and password. You are advised to contact Oqtacore SARL If you discover or suspect that your account information has been compromised immediately.
When using Oqtacore SARL '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, InstaVPN accounts are for personal use only, leasing to others is not allowed. If we find the above incorrect use of InstaVPN 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.
Oqtacore SARL 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.

Installation and Scheduled Tasks
The installation process takes a few seconds and cannot be interrupted once started. By installing this Product, you acknowledge that silent installation will be performed to streamline the installation process. The product may extract files, create and run scheduled tasks, skip User Account Control prompt, create and run services on your computer. The scheduled tasks are enabled by default and can be disabled by you at any time from the product settings. But if the skip UAC task is disabled or stopped, you need to manually operate the UAC prompt every time when it is prompted. The product services may run in the background to deliver updates, automatic services, performance monitoring, and some other long-running functionality. These services can be automatically started when the computer boots and can be paused and restarted. But the program will not function correctly when its services are paused or stopped.

Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, OQTACORE SARL CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER OQTACORE SARL NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE OQTACORE SARL PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE OQTACORE SARL CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OQTACORE SARL OR VIA THE SERVICE. IN ADDITION, THE OQTACORE SARL PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE OQTACORE SARL PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE OQTACORE SARL PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE OQTACORE SARL PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE OQTACORE SARL PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE OQTACORE SARL PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OQTACORE SARL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OQTACORE SARL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL OQTACORE’S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT OF ACTUAL PRICE PAID BY YOU TO OQTACORE SARL FOR THE SOFTWARE. THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Advertising
Some of the Oqtacore SARL Services are supported by advertising revenue and may display advertisements and promotions. You agree that Oqtacore SARL may place advertising and promotions on, about, or in conjunction with your Content. The manner, mode, and extent of such advertising and promotions are subject to change without notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

Privacy
Oqtacore SARL may collect and use information concerning your use of Oqtacore SARL Apps as set forth in its PrivacyPolicy
We will not rent, reveal, or sell all your information to third parties outside Oqtacore SARL and its controlled subsidiaries and affiliates without your consent.

Modification or Termination
The terms of this Agreement may be updated at any time by Oqtacore SARL, with or without prior notice, including but not limited to changing the functionality or appearance of the Software, or changing the license scope, other terms of the Agreement, or Oqtacore SARL Services. If there are changes to the Agreement, Oqtacore SARL will publish the modified content on its website (https://www.instavpn.online). Once the revised version of the Agreement is published on the web, it is immediately effective and replaces the original. If you do not agree with the Agreement or any subsequent amendments, you may choose terminating your use of the Software or Services; if you choose to continue using the Software or Services, it is assumed that you fully accepted the terms and its amendments.

Reporting Violations
If you become aware of any misuse of the Oqtacore SARL services or any violation of the Terms or Privacy Policy please contact us to report such misuse and/or violation.

Claims Resolution
Most customer concerns can be resolved through Oqtacore’s online support center. If Oqtacore SARL is unable to resolve a complaint to your satisfaction, this section explains how claims can be resolved through mediation, arbitration or litigation. It includes an arbitration provision. For this section, the words "you" and "Oqtacore SARL" include any corporate parents, subsidiaries, affiliates or related persons or entities. The word "claim" means any current or future claim, dispute or controversy relating to the Product, this Agreement, and this Claims Resolution provision, except for the validity, enforceability, or scope of the Arbitration provision. The word "claim" also includes but is not limited to: (i) initial claims, counter-claims, cross-claims and third-party claims; (ii) claims based upon contract, tort, fraud, statute, regulation, common law and equity; (iii) claims by or against any third-party using or providing any product, service or benefit in connection with Agreement; and (iv) claims that arise from or relate to advertisements, promotions or oral or written statements related to the Product. You or Oqtacore SARL may not sell, assign, or transfer a claim.

Sending a Claim Notice
Before beginning a lawsuit, mediation, or arbitration, you and Oqtacore SARL agree to send a written notice (a claim notice) to each party against whom a claim is asserted, in order to provide an opportunity to resolve the claim informally or through mediation. The claim notice must describe the claim and state the specific relief demanded.
Notice to Oqtacore SARL must include your name, address, the name of the Product at issue, the date of download or purchase of the Product, the email address you previously provided to us, if any. The notice must be sent to feedback@instavpn.online. If the claim proceeds to arbitration, the amount of any relief demanded in a claim notice will not be disclosed to the arbitrator until after the arbitrator rules.

Arbitration
Before beginning arbitration, you or Oqtacore SARL must first send a claim notice. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Arbitration provision. If Oqtacore SARL choose the organization, you may select the other within thirty days after receiving notice of Oqtacore’s selection.
You or Oqtacore SARL may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or Oqtacore SARL may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Oqtacore SARL will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court.
If either party elects to resolve a claim by arbitration, that claim will be arbitrated on an individual basis. There will be no right or authority for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the public, other licensees or other persons similarly situated.
The arbitrator's authority is limited to claims between you and Oqtacore SARL alone. Claims may not be joined or consolidated unless you and Oqtacore SARL agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply.

Arbitration Procedures
The arbitrator will apply applicable substantive law, statutes of limitations and privileges. The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court. The arbitration will be confidential, but you may notify any government authority of your claim.
If your claim is for CHF10,000 or less, you may choose whether the arbitration will be conducted solely based on documents, through a telephonic hearing, or by an in-person hearing. At any party's request, the arbitrator will provide a brief written explanation of the award. The arbitrator's award will be final and binding, except for any right of appeal; however, any party will have thirty days to appeal the award by notifying the arbitration organization and all parties in writing. The organization will appoint a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to by any party. Judgment upon any award may be entered in any court having jurisdiction.
At your election, any in-person arbitration hearings will take place in the federal judicial district of your residence.

Arbitration Fees and Costs
You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing, or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in a court of general jurisdiction. Oqtacore SARL will be responsible for any additional arbitration fees. At your written request, Oqtacore SARL will consider in good faith making a temporary advance of your share of any arbitration fees or paying for the reasonable fees of an expert appointed by the arbitrator for good cause.
If the arbitrator rules in your favor for an amount greater than any final offer Oqtacore SARL made before arbitration, the arbitrator's award will include: (i) any money to which you are entitled, but in no case less than CHF2,000; and (ii) any reasonable attorneys’ fees and costs.

Your Right to Reject Arbitration
You may reject this Arbitration provision by sending a rejection notice to Oqtacore SARL at: feedback@instavpn.online. Your rejection notice must be sent within 30 days after your first download or purchase of the Software. Your rejection notice must state that you reject the Arbitration provision and must include your name, address, the date of download or purchase of the Software, the name of the Software, the email address you previously provided to Oqtacore SARL, if any, and the license code Oqtacore SARL provided to you, if any. If your rejection notice complies with these requirements, this Arbitration provision will not apply to you, except for any claims subject to pending litigation or arbitration at the time you send your rejection notice. Rejection of this Arbitration provision will not affect your other rights or responsibilities under this Agreement. Rejecting this Arbitration provision will not affect your ability to use the Software.

Continuation
This Claims Resolution provision will survive termination of this Agreement or your license to use the Software. If any portion of this Claims Resolution provision, except as otherwise provided in the Limitations on Arbitration provisions above, is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Claims Resolution provision.

Contact Us
Should you have any questions concerning this notice, or if you desire to contact us for any reason, please contact us

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