END-USER LICENSE AGREEMENT ('AGREEMENT', ‘EULA’) FOR FORTIFYMYNET VPN

Last updated: February 17, 2021

Please read this End-User License Agreement (“Agreement”) carefully before downloading, installing or using a FortifyMyNet VPN Product (“Application”, “Product”, “Service”).

By downloading, installing or using a FortifyMyNet Product, you are agreeing to be bound by the terms and conditions of this Agreement and you represent that you are authorized to enter into this agreement on behalf of yourself, and/or your corporate entity (if applicable).

This Agreement is a legal agreement between you (either an individual or a single entity) and FortifyMyNet Software and it governs your use of the Application made available to you by FortifyMyNet VPN.

If you do not agree to the terms of this Agreement, do not download, install or use the Application.

Ownership

The Application is licensed, not sold, to you by FortifyMyNet VPN for use strictly in accordance with the terms of this Agreement.

Evaluation software

If You have downloaded the Product/s for purposes of evaluation, regardless of how labeled, the evaluation/use of the Product is limited to a specified period and/or limited functionality and all use will be governed by the terms set forth in this agreement. Please note that You are not obligated to purchase a premium license from FortifyMyNet and at any point you can uninstall and remove the product from your computer. This evaluation may be terminated by FortifyMyNet at any time upon notice to you and will automatically terminate, without notice, upon the expiration of the evaluation period.

License (“Software License”, “Registered Software”, “Premium License”)

Upon your payment of the fees due and acceptance of this agreement, FortifyMyNet VPN grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement and according to the validity and restrictions of the License which you have paid for.

Lifetime Licensing Policy (“Lifetime Of Device”, “Lifetime”)

FortifyMyNet’ lifetime license shall be valid and guaranteed full service, upgrades and updates as long as you own the original computer upon which you originally installed the agent or client software and as long as the same operating system resides fully operational on that computer.

Notwithstanding the foregoing, if your original computer is damaged, or if you experience a hard drive failure resulting in having to rebuild or restore the original computer and/or operating system within the first 3 years of your product registration, FortifyMyNet agrees to provide you with the guaranteed service, upgrades and updates.

In addition to the aforementioned terms of this license: (a) A lifetime license is not transferable to a new (or used) or different computer; and (b) lifetime license is not transferable to another user if your original computer is sold or transferred to another user, if components are rebuilt into a new computer, or if the operating system is deemed not valid, registered as required by law or different in any way from the originally installed version upon which the FortifyMyNet license has been registered

Multiple Device/s Licensing Policy 

FortifyMyNet’ multiple device/s license validity periods shall be calculated from the first device’s activation date and to the term of the license. Your license shall be valid and guaranteed full service, upgrades and updates until the expiration date of the first installed agent or client software on the first device.

Third Party Software

You acknowledge and agree that certain of the Services rely on information and services we obtain from third parties (“Third Party Information”). To the extent that we are no longer able to obtain such Third-Party Information or that such Third-Party Information is erroneous in any way, You acknowledge and agree that FortifyMyNet will not be liable to you for any such availability or lack of. Furthermore FortifyMyNet shall not be responsible in cases where the Products or Services have been used in a different manner than specified by FortifyMyNet, or in any other abusive, negligent or inappropriate manner or by third-party users of the license granted herein to the Licensee, whereby the Licensee shall be responsible for the use by such third parties and for all consequences resulting from such use.

Our products may need to send some private data as part of their core operation which you have subscribed to and elected to install and /or pay for as part of your premium license registration/subscription. Such data will be encrypted and sent to the configured party, and not to FortifyMyNet or any other third-party. It is your responsibility to be aware of the security and privacy implications for the VPN configurations you use (such as encryption options and network routes) and the VPN servers you connect to. With the exception of the aforementioned processes , our products do not collect or send out any identifiable private data.

Virtual Private Network (VPN) – VPN service coverage, speeds, server locations, and quality may vary and be subject to unavailability for a variety of factors beyond our control, including but not limited to emergencies; third-party-service failures; or transmission, equipment, or network problems or limitations, interference, or signal strength; and may be interrupted, refused, limited, or curtailed at either FortifyMyNet’ or a Third Party Vendor discretion. FortifyMyNet is not responsible for data, messages, or pages lost, not delivered, delayed, or misdirected because of interruptions or performance issues with the Service, communications services, or networks. FortifyMyNet may impose usage or Service limits, suspend Service, terminate VPN accounts, or block certain kinds of usage in its sole discretion to protect its users or the Service. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur. FortifyMyNet guarantees a strict no-logs policy for the VPN Service, meaning that the FortifyMyNet VPN Service is provided by an automated process, and your activities while using it are not monitored, recorded, logged, stored or passed to any third party. We do not store connection timestamps, session information, used bandwidth, traffic logs, IP addresses or other data. However, to fight abuse and enforce proper license usage, an algorithm keeps their username and the timestamp of the last session status while the session is active. This data is deleted promptly after the session is terminated.

FortifyMyNet also leverages the Avira Operations GmbH & Co. KG’s SAVAPI, MAVAPI and APC SDK packages which deliver protection against viruses ,malware, Zero-day attacks, advanced persistent, known and unknown threats.

Your access to and use of the FortifyMyNet VPN is subject to these Terms and all applicable laws and regulations. We reserve the right, at any time, in our sole discretion, with or without notice, to terminate the accounts of, and block access to the FortifyMyNet VPN to any users who infringe any applicable laws or these Terms for any reason, and/or for unlawful, illicit, illegal, criminal or fraudulent activities, or any other activity dimmed illegitimate at FortifyMyNet VPN discretion.

Third Party, Open Source Software

Parts of the Product/s may incorporate and consist of (i) proprietary software and / or (ii) third party open source materials (e.g., any software subject to open source, copyleft, gnu general public license, library general public license, lesser general public license, Mozilla license, open source initiative license, Apache or public domain licenses, or similar license) (“Open Source”), which you may use under the terms and conditions of the specific license under which the Open Source software is distributed. You agree that you will be bound by any and all such Open Source license agreements. Title to Open Source software remains with the applicable Licensor(s). Any Open Source provided with or contained in the Product is provided “AS IS” and without any warranty of any kind.

For further clarity and lack of doubt; The software is provided “as is”, without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement. In no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the software or the use or other dealings in the software.

Dark web scan

Our dark web scan utilizes an API provided by a 3rd party (Haveibeenpwned).

Please note:

FortifyMyNet does not collect your scanned email address.
You may not use our dark web scanning service for any purpose that would require FCRA compliance.
The scan results displayed may not be 100% accurate, complete, or up to date, so do not use it as a substitute for your own due diligence, especially if you have concerns about your email and/or password safety.
FortifyMyNet VPN does not make any representation or warranty about the accuracy of the information available through the API nor about the integrity of the 3rd party involved, and we encourage you to read their terms and privacy policy accordingly (Haveibeenpwned privacy policy).

Restrictions

You agree not to, and you will not permit others to:

license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.

copy or use the Application for any purpose other than as permitted under the above sections ‘License’ and ‘Evaluation Software’.

modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.

remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of FortifyMyNet VPN or its affiliates, partners, suppliers or the licensors of the Application.

Intellectual Property

The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of FortifyMyNet VPN.

Modifications to Application

FortifyMyNet VPN reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

Updates to Application

FortifyMyNet VPN may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).

Updates may modify or delete certain features and/or functionalities of the Application. You agree that FortifyMyNet VPN has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

Software Behavior

Scheduled Tasks

By installing a desktop software or a mobile app produced by FortifyMyNet you acknowledge that the product/s will create and run scheduled tasks on your computer and/or mobile device. Scheduled tasks are enabled by default. Some scheduled tasks can be disabled by you at any time from within the product settings. The scheduled tasks that run in the background are required to either check your installed software for available updates, validate your license information, monitor your computer for specific product-related items, or otherwise required for the product to function properly and fulfill its purpose (such as privacy threats detection, malware infection attempts detection etc) and to provide the value and service it is intended to provide. If you wish to disable ALL scheduled tasks you need to uninstall the software completely. Payment is not required to disable, enable or amend the scheduled tasks created by any of the FortifyMyNet products.

Background Processes

Upon installation, FortifyMyNet’ products may set and run tasks or background processes on your computer that will auto-start upon reboot/restart of your computer’ operating system. These tasks are required to either check your installed software for available updates, validate your license information, monitor your computer for specific product-related items (such as privacy threats, malware infection attempts etc) and various other product-related tasks that are required for the products to provide the value and service they are intended to provide. If you do not wish to grant the products that permission, please uninstall the products at your convenience or disable the ‘Launch at System Startup’ option from within the product settings where applicable.

Ad Blocking

In order to provide a more convenient browsing experience, the ad blocking feature enabled in some of our products will not block none-intrusive ads. This essentially means that not all ads will be blocked. On the flip side, blocking ads that seem to be inconvenient to you, the user, may affect your browsing experience. If at any point you feel that your web-browsing has been affected to the worse, please feel free to disable the ad blocking feature and remove the product extension if needed.

URL Redirects / Blocked Websites

When installed, FortifyMyNet’ product may detected some website and/or software communication attempts as malicious and block any outgoing or incoming communication between your computer and the specific website and/or IP address. This communication block is done for your safety.

If you do not wish to grant the FortifyMyNet VPN product that permission, please uninstall FortifyMyNet VPN product at your convenience or disable the ‘Safe Browsing’ feature from within the product settings where applicable.

Which websites are being detected as malicious? Websites that are either known for attempting or have actually attempted to download malware onto your computer, redirect you to an unverified webpage, present malicious advertisement etc’ are being blocked as part of our enhanced internet security protocol.

If you wish to visit/allow the blocked URL after all, please add the URL to the exclusion list of your security software so in future it will not be blocked by default.

User Account Control / UAC

UAC is a security feature of Windows which helps prevent unauthorized changes to the operating system by prompting the user for manual approval. FortifyMyNet’s products may disable the UAC prompts relating only to the FortifyMyNet’s products in order to increase the user’s convenience and solely for the purpose of better user experience and product ease of use. At any point you, the user, can uninstall the product if you feel this is an inconvenience to you.

Installing Multiple Software.

Please note that installing multiple security products and/or utilities with overlapping coverage on devices that are not designed for high performance is not recommended, nor needed. FortifyMyNet is the technology provider for multiple rebranded products on the web, and thus you should take into consideration that multiple software you may have installed may overlap in coverage.

General Software Behavior

We do our best to support and update our software so it is compatible with each new update and/or upgrade of related software services that may affect or be affected by our product’s behavior. From time to time, a new software patch or newly deployed version of such 3rd party vendor may be released, and will not be compatible with our products.

Third-Party Services

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third-Party Services”).

You acknowledge and agree that FortifyMyNet VPN shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. FortifyMyNet VPN does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

Privacy Policy

FortifyMyNet VPN collects, stores, maintains, and shares information about you in accordance with its Privacy Policy, which is available at https://shieldapps.com/privacy-policy. By accepting these Terms and Conditions, you acknowledge that you hereby agree and consent to the terms and conditions of our Privacy Policy.

Term and Termination

This Agreement shall remain in effect until terminated by you or FortifyMyNet VPN.

FortifyMyNet VPN may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from FortifyMyNet VPN, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.

Termination of this Agreement will not limit any of FortifyMyNet VPN’ rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

Indemnification

You agree to indemnify and hold FortifyMyNet VPN and its owners, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The Application is provided to you for both evaluation purposes as well as licensed “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, FortifyMyNet VPN, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, FortifyMyNet VPN provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither FortifyMyNet VPN nor any FortifyMyNet VPN’ provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of FortifyMyNet VPN are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

The Application/s and/or Service are not fault-tolerant and are not designed or intended for high-risk activities such as use in hazardous environments requiring fail-safe performance, including but not limited to nuclear-facilities operations, air traffic communication systems, weapons systems, direct life-support machines, or any other application in which the failure of the Software or Service could lead directly to death, personal injury, loss of data of national security and/or federal attributes or severe physical or property damage. We expressly disclaim any expressed or implied warranty of fitness for high-risk activities

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability

The software may make changes to your computer or mobile device that may adversely affect its functionality, such as deleting system or application files identified (correctly or incorrectly) by the software as infected or a potential concern. You acknowledge and agree to such changes to your computer or mobile device that may occur as a result of your use of the software. Notwithstanding any damages that you might incur, the entire liability of FortifyMyNet VPN and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.

To the maximum extent permitted by applicable law, in no event shall FortifyMyNet VPN or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if FortifyMyNet VPN or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

During the warranty period, in the event of any breach of the warranty outlined in this Agreement, FortifyMyNet’ (and its resellers), entire liability and your exclusive remedy will be, at FortifyMyNet’ option, to either, repair or replace the defective software. Neither FortifyMyNet nor its resellers, if any, shall be liable for indirect, special, incidental, or consequential damages, or for damage to systems or data, even if FortifyMyNet and its resellers have been advised of the possibility of such damages. FortifyMyNet’ liability for damages hereunder shall in no event exceed the amount of license fees that You have paid.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Refund Policy

By accepting this Agreement, you acknowledge that you hereby agree and consent to the FortifyMyNet Refund Policy available here: https://FortifyMyNet.com/refund-policy/.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

For U.S. Government End Users

The Application and related documentation are “Commercial Items”, as that term is defined under 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Export Compliance

You may not export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained.

In particular, but without limitation, the Application may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.

By installing or using any component of the Application, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

Amendments to this Agreement

FortifyMyNet VPN reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.

Governing Law

The laws of the State of Israel excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Good.

Contact Us

If you have any questions about these Terms, please contact us:

• By email: support@fortifymynet.com
• By visiting this page on our website:
• https://fortifymynet.com/support/

Entire Agreement

The Agreement constitutes the entire agreement between you and FortifyMyNet VPN regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and FortifyMyNet VPN.

You may be subject to additional terms and conditions that apply when you use or purchase other FortifyMyNet VPN’ services, which FortifyMyNet VPN will provide to you at the time of such use or purchase.