The contract below outlines TunnelBear's terms of service ("the Agreement"). By downloading, installing and using TunnelBear products and services ("the Services") you agree and acknowledge that you have read and accept this Agreement in its entirety, and agree to be bound by its terms. These terms of service apply to all users of the Services, including users with paid accounts.
TunnelBear Inc. ("TunnelBear") reserves the right, at its sole discretion, to modify or replace the terms of this Agreement at any time. If the alterations constitute a material change, TunnelBear will notify you by posting an announcement on the TunnelBear website. What constitutes a material change will be determined at TunnelBear's sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using our Services following notification of a material change to this Agreement shall constitute your acceptance of the Agreement as modified.
This is a legal document. If you use TunnelBear, you agree to the terms.
TunnelBear grants you a non-exclusive, non-transferable right to use the service, solely for your own personal purposes subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by TunnelBear.
You can't resell TunnelBear.
You shall not, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way. You shall not build a product using similar ideas, features, functions or graphics of the Service or copy any ideas, features, functions or graphics of the Services.
You can't copy how it works (especially those wonderful on/off dials, that would be impossible).
You may use the service only for personal purposes and shall not: send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violate third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.
You can't use TunnelBear for any mischievous activities.
TunnelBear is providing this service on an "as is, as available" basis without representation or warranty of any kind. TunnelBear does not guarantee as to the continuous availability of the service or of any specific feature(s) of the service. TunnelBear will inform you of any significant changes to the service it may occasionally make. TunnelBear may impose usage or service limits, suspend service, or block certain kinds of usage at our sole discretion. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
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. TunnelBear is not responsible for any failures to maintain the confidentiality, security, accuracy or quality of your data, messages or pages whether or not related to interruptions or performance issues with the Service.
Sometimes things break. We do our best.
A computer or other equipment enabled to access the Internet ("Device") is required to utilize the Service. You are solely responsible for ensuring that your Device is sufficient and compatible for use with the Service.
TunnelBear may not be used to misrepresent or to act on behalf of others. All messages you transmit through our Services shall identify You as the sender. You may not:
You shall at all times abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data. If TunnelBear is contacted with a complaint regarding or arising from your use of the Services, TunnelBear may deem your service usage in violation of this Agreement and terminate your account without notice.
Surprise! You aren't allowed to do illegal stuff with TunnelBear.
TunnelBear graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trademarks or trade dress of TunnelBear Inc. TunnelBear's trademarks and trade dress may not be used in connection with any product or service without the prior written consent of TunnelBear. TunnelBear images and icons may be used by third party sites in connection with providing appropriate links to the TunnelBear website.
Respect our brand.
You agree that TunnelBear, in its sole discretion, for any or no reason, and without penalty, may terminate or suspend your use of the Service at any time. TunnelBear may also in its sole discretion and at any time discontinue the Services in their entirety, or any part thereof, with or without notice.
We reserve the right to euthanize your TunnelBear.
While all amounts paid are non-refundable, certain refund requests for subscriptions may be considered by TunnelBear on a case-by-case basis and granted at the sole discretion of TunnelBear.
TunnelBear makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services. TunnelBear does not represent or warrant that (a) the use of the Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Service will meet your requirements or expectations, (c) errors or defects will be corrected, or (d) the Services are free of viruses or other harmful components. The Service is provided by TunnelBear on and "as is" "as available" basis without warranties of any kind, either expressed or implied, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by law. You expressly agree that use of the Services is at your sole risk.
We are not liable if something goes really wrong.
In no event shall TunnelBear be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the services for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. Notwithstanding the foregoing, in no event shall the total liability of TunnelBear, for all damages, losses and causes of action whether in contract, tort including negligence, or otherwise, exceed the aggregate dollar amount paid by the User claimant to TunnelBear in the twelve months prior to the claimed loss, damages or other such alleged event giving rise to the basis of claim.
We're still not liable, but if a court says otherwise, our maximum cost is the fees you have paid.
You hereby expressly and irrevocably release and forever discharge TunnelBear, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Services.
You hereby agree to indemnify and hold harmless TunnelBear, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of this Agreement, (ii) the use of the Services, by You or any person using your account, or (iii) any violation of any rights of a third party.
You're on the hook for our costs if your use of the Services drags us into court.