[VPN] Terms and Service

This Privacy Policy was last updated on Aug 27, 2022

These Terms of Service (the "Agreement") set forth the terms and conditions of Your Use of Arcadia VPN ("Services"). In this Agreement "You" and "Your" refer to You as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. "We", "Us" and "Our" refer to Arcadia International, LTD., as well as its subsidiaries and sister companies (“Arcadia International”). This Agreement explains Our obligations to You, and explains Your obligations to Us. This Agreement also incorporates Arcadia International’s Universal Terms Of Service.

Term of Agreement; Modification

You agree that Arcadia International may modify this Agreement and the Services it offers to You from time to time. By continuing to use the Services after any revision to this Agreement or change in services, You agree to abide by, and be bound by, any such revisions or changes.

Accurate Information

You agree to maintain accurate information by providing updates to Arcadia International, as needed, while You are using the Services. You agree You will notify Arcadia International within five (5) business days when there is any change of the information You provided for your account. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Arcadia International, to determine the validity of information provided by You, will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Arcadia International has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Arcadia International has the absolute right, in its sole discretion, to terminate its Services and close Your account.

Privacy

Arcadia VPN protects and respects our customers' privacy, We ensure our customers remain anonymous when using the service and collect as little information as possible.

To that end: we DO NOT LOG any user activity (i.e., sites visited, DNS lookups, emails, etc.)

Here is the information we collect and why we collect it:

Personal Information: We create a VPN specific user ID that is shared with the upstream provider for the purpose of:

provisioning the product;
auditing sales/usage;
troubleshooting.

The user ID is what allows us to identify the specific customer for troubleshooting issues and to gather/add to product feedback/features analysis.

Non-PI: Anonymized and/or non-PI data is collected for 2 purposes:

Basic analytics such as analysis of the product, product improvement etc. This information is linked to the user ID but the information is not shared. We use a third party processor to generate this info for us.
Analysis of crash data, service issues etc. We use a third party processor tool to capture this information when it happens. If a customer has a service issue, we use the user ID to pull the crash data and to work with our upstream provider to resolve the issue.

Service Coverage & Speed

Actual service coverage, speeds, locations and quality may vary. The Service will attempt to be available at all times except for limited periods for maintenance and repair. However the Service may be subject to unavailability for a variety of factors beyond Our control, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, refused, limited or curtailed. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Service or communications services or networks (e.g., T-1 lines or the Internet). We may impose usage or Service limits, suspend Service, or block certain kinds of usage in Our sole discretion to protect users or the Service. Network speed is an estimate and is no indication of the speed at which Your or the Service sends or receives data. Actual network speed will vary based on configuration, compression, network congestion and other factors. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.

Fair Usage

We do not put any cap on bandwidth or data usage per user, however the use of service is subjected to fair usage. Creating automated or manual VPN sessions in a manner that would impersonate a bot or exerting excessive load on the network that may disturb other users on the network or utilizing substantially excessive bandwidth that exceeds the average user bandwidth usage for an extended duration or the likes, all are considered as unfair usage of the network. We reserve the right to temporarily suspend or permanently terminate users found involved in unfair usage of its services.

Ownership

Except as otherwise set forth herein, all right, title and interest in, and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audio visual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services identified herein (“IP rights”) are owned by Arcadia International or its third party partners, and You agree to make no claim of interest in or ownership of any such IP rights. You acknowledge that no title to the IP rights is transferred to You, and that You do not obtain any rights, express or implied, in the Services, other than the rights expressly granted in this Agreement. To the extent that You create any Derivative Work (any work that is based upon one or more preexisting versions of a work provided to You, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted) such Derivative Work shall be owned by Arcadia International and all right, title and interest in and to each such Derivative Work shall automatically vest in Arcadia International. Arcadia International shall have no obligation to grant You any right in any such Derivative Work.

Your Use of the Service

Arcadia International gives you permission to use the Arcadia VPN Service according to these Terms of Service. This permission is only for your personal use. You may not transfer, sublicense, resell, or commercially exploit the service.

Non-Exclusive Right To Use

If You have purchased or been given permission to use software from Arcadia International, Arcadia International grants You a limited, non-exclusive, non-transferable and non-assignable right and ability to use the software for such purposes as are ordinary and customary. You agree to not alter or modify the software. You agree You are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. Arcadia International reserves all rights to the software. The software and any copies You are authorized to make are the intellectual property of Arcadia International. The source code and its organization are the exclusive property of Arcadia International and the software is protected by copyright law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the software and all rights are reserved by Arcadia International and/or third party partners.

Any such software and Services are provided to You "as is" without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.

Billing and Payment

All fees for the Services shall be due and payable prior to the use of such Service, unless otherwise noted, such as when there is an offer for a free trial period. Fees for renewal periods after the Initial Term shall be due immediately upon the first day of such renewal period.

If You subscribed to the Service through one of Our distribution partners, You will be subject to their payment terms and obligations.

Termination & Cancellation Policy

The initial term of Your Services shall be determined by the plan You purchase (ie. month-to-month or annual.) The Initial Term shall begin upon the date of purchase of the Services. Thereafter, the Services may renew by Your using Arcadia International’s auto-renew feature or manually renewing.

This Agreement also may be terminated: (i) by Arcadia International at any time, without prior notice, if, in Arcadia International 's judgment, You are in violation of any terms or conditions herein; or (ii) in Arcadia International 's sole judgment, Your use of the Services places or is likely to place unreasonable demands upon Arcadia International or could disrupt Arcadia International 's business operations; or (iii) by Arcadia International if it so determines that You are, or are alleged to be, violating the terms and conditions of any other Agreement entered into by You and either Arcadia VPN or Arcadia International, LTD.. In the event of termination or suspension of Services under the above circumstances, You agree that no refunds will be due to You for the remainder of an existing subscription.

Arcadia International offers a one-time, 30 day cancellation for this product. After such time, You acknowledge and agree that there are no refunds after purchasing this Service.

Legal Purposes

Arcadia VPN can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. It is further governed by Our AUP. Violations of the AUP or any other provisions of this Agreement may result in termination of the Services provided by Arcadia International, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Arcadia Internationalbased upon the severity of the violation. Arcadia International reserves the right to refuse Service if You violate any of these terms. You agree that Arcadia International shall not be liable to You for loss or damages that may result from its refusal to provide the Services under this Agreement.

LIMITATION OF LIABILITY;
WAIVER AND RELEASE

THE SERVICES OFFERED BY ARCADIA INTERNATIONAL ARE BEING PROVIDED ON AN "AS IS" AND ARCADIA INTERNATIONAL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED OR AUTHORIZED BY LAW. WITHOUT LIMITATION OF THE FOREGOING, ARCADIA INTERNATIONAL EXPRESSLY DOES NOT WARRANT THAT THE ARCADIA INTERNATIONAL SERVICES WILL MEET YOUR REQUIREMENTS, FUNCTION AS INTENDED, OR THAT THE USE OF THE PROVIDED SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ARCADIA INTERNATIONAL SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU AGREE THAT ARCADIA INTERNATIONAL WILL NOT BE LIABLE FOR ANY (I) SUSPENSION OR LOSS OF THE SERVICES, EXCEPT TO THE LIMITED EXTENT THAT A REMEDY IS PROVIDED UNDER THIS AGREEMENT; (II) INTERRUPTION OF BUSINESS; (III) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE(S) PROVIDED THROUGH OR BY THE SERVICES; (IV) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD; (V) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (VI) EVENTS BEYOND THE CONTROL OF ARCADIA INTERNATIONAL; (VII) THE PROCESSING OF YOUR APPLICATION FOR SERVICES; OR (VIII) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD.

IN NO EVENT SHALL ARCADIA INTERNATIONAL BE LIABLE FOR ANY OR ALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE SERVICES, EVEN IF ARCADIA INTERNATIONAL IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ARCADIA INTERNATIONAL OR THE SERVICES PROVIDED BY ARCADIA INTERNATIONAL MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL ARCADIA INTERNATIONAL’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.

THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF SERVICE OR YOUR USE OF ARCADIA INTERNATIONAL OR ITS SERVICES OFFERED.

NO WAIVER OF ANY PROVISION OF THIS AGREEMENT SHALL BE EFFECTIVE UNLESS IT IS IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF ARCADIA INTERNATIONAL.

Headings

The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such sections.