Terms of Service

1. Definitions

The following terms shall have the meanings set forth below. Capitalized terms not defined herein shall have the meanings ascribed to them elsewhere in this Agreement.

1.1 Core Definitions

• "Agreement" means these Terms of Service, together with the Privacy Policy, Acceptable Use Policy, and any applicable Service Level Agreement, Order Form, or other written agreement between you and valtrogen.
• "valtrogen," "we," "us," or "our" means valtrogen Network, a private limited company registered in Estonia (registry code: 16983347), with its registered office at Sepapaja tn 6, Lasnamäe linnaosa, Tallinn, Harju maakond, 15551, Estonia, and its Affiliates.
• "User," "you," or "your" means any individual or entity that accesses or uses the Services, including Authorized Users within an organization's account.
• "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where "control" means ownership of more than fifty percent (50%) of the voting securities or equivalent voting interest.
• "Authorized User" means an individual who is authorized by a User to access and use the Services under that User's account, subject to the terms of the applicable subscription plan.

1.2 Service Definitions

• "Services" means valtrogen's encrypted network transport services, including without limitation: Client Software, web-based management console (Dashboard), API access, relay infrastructure, edge network nodes, and associated technical support as described in the applicable Order Form or subscription plan.
• "Encrypted Network Transport" means the technology and infrastructure that encrypts and securely routes network communications between endpoints, protecting data confidentiality and integrity during transmission over public and private networks.
• "Client Software" means the software applications provided by valtrogen for installation on User devices, including desktop applications, mobile applications, browser extensions, and command-line interfaces, used to access the Services.
• "Dashboard" means the web-based management console provided by valtrogen for account administration, user management, usage monitoring, and configuration of the Services.
• "API" means the Application Programming Interface provided by valtrogen that enables programmatic access to and integration with the Services.
• "Documentation" means the technical documentation, user guides, API references, and other instructional materials made available by valtrogen relating to the Services.
• "Network Infrastructure" means valtrogen's servers, relay nodes, edge nodes, routing equipment, and other technical infrastructure used to provide the Services.

1.3 Subscription and Billing Definitions

• "Order Form" means a written or electronic order form, statement of work, or other ordering document executed by the parties that references this Agreement and specifies the Services to be provided, subscription term, fees, and other commercial terms.
• "Subscription Term" means the period during which you are entitled to use the Services, as specified in your Order Form or subscription plan, including any Initial Term and Renewal Terms.
• "Initial Term" means the initial subscription period commencing on the Effective Date and continuing for the duration specified in your Order Form or subscription selection.
• "Renewal Term" means any subsequent subscription period following the Initial Term, typically of the same duration as the Initial Term unless otherwise agreed.
• "Effective Date" means the date on which you first accept this Agreement or access the Services, whichever occurs first.
• "Fees" means all amounts payable by you for the Services, as specified in the applicable Order Form, pricing page, or subscription plan.

1.4 Data and Content Definitions

• "User Content" means any data, information, files, or materials transmitted through the Services by or on behalf of a User, excluding valtrogen's proprietary software, Documentation, and Network Infrastructure.
• "Personal Data" has the meaning given in Article 4 of the General Data Protection Regulation (EU) 2016/679 ("GDPR"), and includes any information relating to an identified or identifiable natural person.
• "Account Data" means information provided by you in connection with creating, managing, or administering your account, including contact information, billing information, and account settings.
• "Usage Data" means technical and operational data generated through your use of the Services, including connection metadata, bandwidth consumption, and service performance metrics, but excluding the content of User transmissions.
• "Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.

1.5 Technical and Operational Definitions

• "Downtime" means a period during which the Services are unavailable or materially impaired for reasons within valtrogen's reasonable control, measured from the time valtrogen becomes aware of the issue until service is restored.
• "Scheduled Maintenance" means planned maintenance activities that may temporarily affect service availability, for which valtrogen provides advance notice in accordance with Section 7.2.
• "Emergency Maintenance" means urgent maintenance required to address security vulnerabilities, prevent imminent service failures, or respond to unforeseen technical issues, which may be performed without advance notice.
• "Service Level Agreement" or "SLA" means the service level commitments set forth in Section 7 or in a separate SLA document, specifying availability targets, performance metrics, and remedies for service failures.
• "Service Credits" means credits applied to your account as compensation for Downtime exceeding the availability commitments in the applicable SLA.
• "Force Majeure Event" means any event beyond a party's reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government actions, pandemics, power failures, internet outages, or cyberattacks by third parties.

1.6 Legal and Compliance Definitions

• "Applicable Law" means all laws, statutes, regulations, ordinances, and legal requirements applicable to the parties or the subject matter of this Agreement, including data protection laws, export control laws, and consumer protection laws.
• "Data Protection Laws" means the GDPR, the Estonian Personal Data Protection Act, and any other applicable data protection or privacy laws and regulations.
• "Export Control Laws" means all applicable export control, trade sanctions, and embargo laws and regulations, including those of the European Union, the United States, and the United Nations.
• "Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, database rights, design rights, and other intellectual property rights, whether registered or unregistered, and all applications for the same.

2. Acceptance of Terms

2.1 Agreement to be Bound

By creating an account, accessing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to all terms and conditions, you must not access or use the Services.

2.2 Authority to Bind

If you are entering into this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to this Agreement. In such case, "you" and "your" shall refer to such entity.

2.3 Eligibility

You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction if different, to use the Services. By using the Services, you represent and warrant that you meet this eligibility requirement.

2.4 Consumer Rights

If you are a consumer in the European Economic Area (EEA), nothing in these Terms shall affect your statutory rights under applicable consumer protection laws that cannot be contractually waived or limited.

2.5 Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website, updating the "Last Updated" date, and where required, by email notification at least 30 days in advance. Your continued use of the Services following such notice constitutes your acceptance of the modified Terms.

3. Service Description

3.1 Nature of Services

valtrogen provides encrypted network transport services designed to protect the confidentiality and integrity of network communications in transit. Our Services encrypt traffic between your devices and our globally distributed infrastructure, providing enhanced security for your network communications.

Important Clarification: valtrogen's services are classified as encrypted network transport technology, distinct from traditional virtual private network (VPN) or proxy services. Our primary purpose is to secure data transmission through encryption and secure routing, serving legitimate business and personal security needs such as enterprise communications, remote work security, sensitive data protection, and compliance with data protection regulations.

3.2 Service Tiers

We offer multiple service tiers with varying features, capacity limits, and support levels:

• Personal: Designed for individual users, includes basic encrypted transport, limited concurrent connections, standard support, and access to shared infrastructure.
• Team: Designed for small to medium teams, includes increased concurrent connections, team management features, priority support, and dedicated account management.
• Enterprise: Designed for organizations with advanced security requirements, includes unlimited connections, dedicated infrastructure options, custom SLA, 24/7 premium support, SSO/SAML integration, and compliance certifications.

The specific features, limitations, and pricing for each tier are described on our pricing page and may be modified from time to time with appropriate notice.

3.3 Protection Scope

Our encryption protection applies to network transmissions between your devices and valtrogen's infrastructure ("data in transit"). The Services do not provide guarantees for:

• Data stored on your devices or destination servers ("data at rest");
• Security of third-party services or destination endpoints;
• End-to-end application-layer encryption;
• Protection against malware or security vulnerabilities on your devices;
• Content filtering or threat detection;
• DNS leak protection when using custom DNS configurations;
• Security of unencrypted protocols used within the encrypted tunnel.

Users are responsible for implementing appropriate security measures on their own devices and systems.

3.4 Intended Use Cases

The Services are designed for the following legitimate purposes:

• Public Network Security: Protecting sensitive communications on public Wi-Fi and untrusted networks;
• Remote Work: Securing connections for distributed teams and remote employees;
• Enterprise Communications: Ensuring confidentiality of business communications;
• Cross-Border Data Transfer: Facilitating secure international data transmission in compliance with data protection laws;
• Regulatory Compliance: Meeting security requirements for industries with data protection obligations (e.g., HIPAA, PCI-DSS, SOC 2);
• Personal Privacy: Protecting individual communications from unauthorized interception;
• Development and Testing: Providing secure environments for software development and security testing;
• IoT Security: Securing communications for Internet of Things devices and industrial control systems.

The Services are not designed for: circumventing copyright protection, accessing illegal content, concealing criminal activity, bypassing legitimate access controls, or any activity prohibited by our Acceptable Use Policy.

3.5 Technical Neutrality

valtrogen operates as a technology service provider and maintains technical neutrality regarding the content transmitted through our Services. We do not monitor, censor, or control the specific content of user transmissions. However, we reserve the right to take action when we become aware of violations of this Agreement or applicable law.

3.6 Client Software

Access to the Services may require installation of Client Software on your devices. By downloading and using the Client Software, you agree to the following:

• License Grant: We grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Client Software solely in connection with your authorized use of the Services.
• Installation: You are responsible for properly installing and configuring the Client Software in accordance with our Documentation.
• Updates: The Client Software may automatically download and install updates to improve functionality, security, and performance. You agree to accept such updates as a condition of continued use.
• System Requirements: You are responsible for ensuring your devices meet the minimum system requirements specified in our Documentation.
• Removal: Upon termination of your subscription, you must uninstall and delete all copies of the Client Software from your devices.

The Client Software may collect diagnostic information to improve service quality. Such collection is governed by our Privacy Policy.

3.7 API Services

If your subscription includes API access, the following additional terms apply:

• API Access: We provide API access for programmatic integration with the Services. API credentials are confidential and must be protected.
• Rate Limits: API usage is subject to rate limits as specified in our API Documentation. Exceeding rate limits may result in throttling or temporary suspension of API access.
• API Versioning: We may release new versions of the API and deprecate older versions. We will provide at least six (6) months' notice before discontinuing support for any API version.
• SLA: API availability is subject to the same SLA as the core Services unless otherwise specified in your Order Form.
• Usage Monitoring: We may monitor API usage for security, compliance, and capacity planning purposes.
• Prohibited Uses: You may not use the API to create a competing service, bypass usage limits, or engage in any activity prohibited by this Agreement.

3.8 Technical Specifications

The Services incorporate the following technical standards and capabilities:

• Encryption: Industry-standard encryption protocols including AES-256-GCM for data encryption and TLS 1.3 for transport security.
• Protocols: Support for multiple transport protocols including WireGuard®, OpenVPN, and proprietary optimized protocols.
• Authentication: Multi-factor authentication, certificate-based authentication, and integration with enterprise identity providers (SSO/SAML) for Enterprise tier.
• Network: Globally distributed infrastructure with points of presence in multiple geographic regions. Specific locations are listed on our network status page.
• Bandwidth: Subject to fair use limits as specified in your subscription plan. Enterprise customers may negotiate dedicated bandwidth allocations.
• Concurrent Connections: The number of simultaneous connections varies by subscription tier as specified in our pricing documentation.

Technical specifications may be updated periodically to reflect improvements in our infrastructure. Material changes will be communicated in accordance with Section 2.5.

3.9 Third-Party Integrations

The Services may integrate with or support third-party applications, services, or platforms. Regarding such integrations:

• Third-Party Terms: Your use of third-party services is subject to their respective terms and privacy policies. valtrogen is not responsible for third-party services.
• No Endorsement: Integration with a third-party service does not constitute an endorsement or warranty by valtrogen.
• Availability: We do not guarantee the continued availability of any third-party integration and may modify or discontinue integrations at any time.
• Data Sharing: Some integrations may require sharing data with third parties. You are responsible for reviewing and accepting the data sharing terms of such integrations.

3.10 Service Modifications

We continuously improve and evolve our Services. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time. Regarding modifications:

• Enhancements: We may add new features and capabilities at our discretion without notice.
• Material Changes: We will provide at least thirty (30) days' advance notice of material changes that may adversely affect your use of the Services.
• Deprecation: Features or services being deprecated will be announced at least ninety (90) days in advance, except where immediate action is required for security or legal compliance.
• Emergency Changes: We may make immediate changes without notice when required to address security vulnerabilities, comply with legal requirements, or prevent imminent harm to the Services or users.

3.11 Beta and Preview Features

We may offer beta, preview, or early access features that are not yet generally available:

• "As Is" Basis: Beta features are provided "as is" without warranty of any kind, including warranties of reliability, accuracy, or fitness for a particular purpose.
• No SLA: Beta features are not covered by any service level commitments and may experience downtime or performance issues.
• Modification or Discontinuation: We may modify, suspend, or discontinue beta features at any time without notice or liability.
• Feedback: We may request feedback on beta features. Any feedback provided is subject to Section 9.5 (Feedback).
• Confidentiality: Some beta features may be subject to confidentiality obligations. You agree not to disclose information about confidential beta features without our prior written consent.

By using beta features, you acknowledge and accept these additional risks.

4. Account Registration & Security

4.1 Account Creation

To access the Services, you must create an account by providing accurate, current, and complete information. The registration process includes:

• Required Information: You must provide a valid email address, create a secure password, and agree to this Agreement. Additional information may be required for certain subscription tiers.
• Accuracy: You represent that all information provided during registration is accurate and complete. Providing false or misleading information may result in account termination.
• Account Updates: You agree to promptly update your account information to keep it accurate and current. This includes updating your email address, contact information, and billing details.
• One Account per Person: Unless you have a Team or Enterprise subscription, you may only maintain one personal account. Creating multiple accounts to circumvent usage limits or other restrictions is prohibited.

4.2 Account Verification

We may require verification of your account through one or more of the following methods:

• Email Verification: You must verify your email address by clicking a confirmation link sent to the address you provided.
• Identity Verification: For certain subscription tiers or transactions, we may require additional identity verification, including government-issued identification.
• Payment Verification: Your payment method may be verified through small authorization charges or other verification methods.
• Business Verification: For Enterprise accounts, we may require documentation to verify your business identity and authority to enter into this Agreement.

We reserve the right to suspend or terminate accounts that cannot be verified or that fail verification requirements.

4.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Strong Passwords: Create a strong, unique password of at least 12 characters that includes uppercase and lowercase letters, numbers, and special characters. Do not reuse passwords from other services.
• Two-Factor Authentication: Enable two-factor authentication (2FA) where available. 2FA is required for Enterprise accounts and highly recommended for all users.
• Credential Protection: Do not share your login credentials with third parties. You are responsible for all activities conducted using your credentials.
• Security Monitoring: Regularly review your account activity and security settings. Report any suspicious activity immediately.
• Prompt Notification: Immediately notify us at [email protected] if you become aware of any unauthorized access, security breach, or compromise of your credentials.

We will not be liable for any loss or damage arising from your failure to comply with these security requirements.

4.4 Account Restrictions

Each account is for a single user or entity unless you have subscribed to a Team or Enterprise plan that permits multiple Authorized Users. The following restrictions apply:

• No Account Sharing: You may not share your account credentials with others or allow others to access your account, except as expressly permitted by your subscription plan.
• No Account Sales: Accounts are non-transferable and may not be sold, traded, or given to another party.
• Device Limits: Simultaneous connections are limited according to your subscription plan. Exceeding connection limits may result in service interruption.
• Geographic Restrictions: Use of the Services may be restricted in certain jurisdictions as described in our Acceptable Use Policy.

4.5 Team & Enterprise Accounts

For Team and Enterprise plans, the following additional terms apply:

• Administrator Responsibilities: The account administrator ("Admin") is responsible for managing user access, ensuring compliance with this Agreement, and maintaining appropriate access controls within their organization.
• Authorized User Management: The Admin may add, remove, or modify Authorized Users within the limits of their subscription. The Admin is responsible for the activities of all Authorized Users.
• Role-Based Access: Enterprise accounts may configure role-based access controls to limit functionality available to different users.
• Audit Logs: Enterprise accounts include access to audit logs for security monitoring and compliance purposes.
• SSO Integration: Enterprise accounts may integrate with Single Sign-On (SSO) providers. SSO integration is governed by your organization's identity provider policies.
• Binding Authority: By creating a Team or Enterprise account, you represent that you have the authority to bind your organization to this Agreement.

4.6 Account Suspension

We may temporarily suspend your account access under the following circumstances:

• Security Concerns: If we detect suspicious activity, potential unauthorized access, or security threats to your account or our infrastructure.
• Violation Investigation: During investigation of reported or suspected violations of this Agreement or applicable law.
• Payment Issues: If your payment method fails or your account has outstanding amounts due.
• Inactivity: If your account has been inactive for an extended period (see Section 10.5).
• Legal Requirements: If required by law, court order, or regulatory authority.

We will make reasonable efforts to notify you of suspension and provide an opportunity to resolve the issue, except where immediate action is required or notification is prohibited by law.

4.7 Account Recovery

If you lose access to your account:

• Password Reset: You may reset your password using the email address associated with your account.
• 2FA Recovery: If you lose access to your 2FA device, you may use backup codes (if generated) or contact support for assisted recovery, which may require identity verification.
• Account Recovery: For accounts without access to the registered email, we may require additional identity verification. Recovery requests must be submitted to [email protected].
• No Guarantee: We cannot guarantee account recovery in all circumstances, particularly where you cannot verify your identity or ownership of the account.

4.8 Account Transfer

Accounts are personal to you and generally may not be transferred. However:

• Business Accounts: Enterprise accounts may be transferred in connection with a change of business ownership or corporate restructuring, subject to our approval and verification.
• Deceased Users: In the event of a user's death, the account may be transferred to a legal representative or estate executor upon provision of appropriate documentation (death certificate, proof of authority, etc.).
• Transfer Process: All account transfers must be requested in writing to [email protected] and are subject to identity verification and our approval.
• No Refunds: Account transfers do not entitle the original account holder to any refunds for unused service time.

5. Acceptable Use

5.1 Compliance with Law

You agree to use the Services only for lawful purposes and in accordance with this Agreement and our Acceptable Use Policy (AUP), which is incorporated herein by reference. You are solely responsible for ensuring that your use complies with all Applicable Laws in your jurisdiction. This includes, but is not limited to:

• Data protection and privacy laws (e.g., GDPR);
• Export control and sanctions laws;
• Telecommunications and network regulations;
• Intellectual property laws;
• Laws governing the content you transmit;
• Laws specific to your industry or profession.

5.2 Prohibited Activities

Without limiting the generality of Section 5.1 or our Acceptable Use Policy, you agree not to:

• Illegal Activity: Use the Services for any illegal activity or to facilitate illegal acts by third parties;
• Malware: Transmit malware, viruses, ransomware, trojans, worms, or other malicious code;
• Unauthorized Access: Engage in unauthorized access to systems, networks, accounts, or data;
• Network Abuse: Conduct denial-of-service (DoS/DDoS) attacks, network flooding, or other network abuse;
• IP Infringement: Infringe upon intellectual property rights of others, including unauthorized distribution of copyrighted material;
• Harmful Content: Transmit content that is defamatory, obscene, harassing, threatening, or otherwise objectionable;
• Child Safety: Transmit, distribute, or store any child sexual abuse material (CSAM);
• Spam: Send unsolicited bulk messages, spam, or engage in phishing;
• Circumvention: Circumvent or attempt to circumvent service limitations, security measures, or access controls;
• Export Violations: Use the Services in violation of applicable export control laws or sanctions;
• Account Abuse: Create multiple accounts to abuse free trials, promotions, or usage limits;
• Service Disruption: Interfere with or disrupt the Services, servers, or networks;
• Resale: Resell, redistribute, or provide access to the Services to third parties without authorization;
• Benchmarking: Conduct performance benchmarking or competitive analysis without our written consent.

5.3 Fair Use Policy

Your use of the Services is subject to our fair use policy:

• Bandwidth Limits: Each subscription tier includes specified bandwidth allowances. Exceeding these allowances may result in throttling, additional charges, or service suspension;
• Connection Limits: The number of simultaneous connections is limited according to your subscription tier. Attempts to exceed these limits may be blocked;
• Reasonable Use: The Services are designed for typical personal or business use patterns. Abnormal usage patterns that degrade service for other users may be subject to restriction;
• No Data Centers: The Services may not be used to operate servers, data centers, or provide services to third parties unless explicitly permitted by your subscription;
• Automated Use: Automated connections, scripts, or bots must comply with our API terms and rate limits;
• Traffic Types: Certain types of traffic may be restricted or deprioritized during periods of network congestion.

Fair use thresholds are published on our pricing page and may be updated with notice. Enterprise customers may negotiate custom usage terms.

5.4 Network Conduct

When using the Services, you agree to the following network conduct standards:

• No Port Scanning: Do not conduct unauthorized port scanning, network probing, or vulnerability scanning;
• No Traffic Manipulation: Do not engage in packet manipulation, spoofing, or man-in-the-middle activities;
• Protocol Compliance: Use standard network protocols appropriately and do not exploit protocol vulnerabilities;
• DNS Compliance: Do not engage in DNS hijacking, cache poisoning, or DNS-based attacks;
• Respect Third Parties: Do not use the Services to circumvent security measures or access controls of third-party services without authorization;
• Cooperation: Cooperate with valtrogen in investigating potential network abuse or security incidents.

5.5 User Responsibility

valtrogen provides only an encrypted transport channel and does not control or review the content transmitted by users. You bear full legal responsibility for all activities conducted through the Services. Use of encryption services does not exempt you from the obligation to comply with Applicable Laws. You acknowledge that:

• The Services are a tool for protecting legitimate communications, not for evading legal obligations;
• You remain fully liable for your conduct regardless of whether it occurs through encrypted channels;
• valtrogen is not responsible for any consequences arising from your use of the Services;
• Using the Services does not create any attorney-client, confidential, or privileged relationship between you and valtrogen;
• You are responsible for all activity under your account, whether or not you authorized it;
• You must maintain appropriate security measures on your devices and systems.

5.6 Violation Consequences

Violations of this Section 5 or our Acceptable Use Policy may result in:

• Warning: For minor or first-time violations, we may issue a warning and request remediation;
• Service Restriction: We may throttle, limit, or restrict access to certain features;
• Suspension: We may temporarily suspend your account pending investigation or remediation;
• Termination: Severe or repeated violations may result in immediate account termination without refund;
• Legal Action: We may report illegal activities to law enforcement and cooperate with investigations;
• Damages: You may be liable for damages caused by your violations, including costs incurred by valtrogen.

We may take action without prior notice where immediate action is necessary to protect the Services, other users, or comply with legal requirements.

5.7 Monitoring and Enforcement

Regarding monitoring and enforcement:

• No Traffic Monitoring: We do not monitor the content of your network traffic (see Section 8.2);
• Abuse Detection: We may use automated systems to detect patterns indicative of abuse, such as unusual bandwidth consumption or connection patterns;
• Abuse Reports: We investigate credible abuse reports from third parties;
• Legal Requirements: We may be required to respond to valid legal process from law enforcement or regulatory authorities;
• Discretion: We have sole discretion in determining whether a violation has occurred and what action to take.

5.8 Reporting Violations

If you become aware of any violation of this Agreement or our Acceptable Use Policy:

• Report To: [email protected]
• Include: Please include relevant details such as IP addresses, timestamps, logs, or other evidence;
• Response: We will investigate all credible reports and take appropriate action;
• Confidentiality: Reporter information will be kept confidential to the extent permitted by law;
• Good Faith: Reports made in good faith are protected. False or malicious reports may result in account consequences.

6. Fees & Payment

6.1 Subscription Fees

You agree to pay all fees associated with your selected subscription plan as described in our pricing documentation or applicable Order Form. Regarding subscription fees:

• Advance Payment: Fees are charged in advance on a monthly or annual basis depending on your selected billing cycle.
• Billing Date: Your billing cycle begins on the date you subscribe. Subsequent charges will occur on the same date each month or year.
• Fee Calculation: Fees are calculated based on your subscription tier, number of Authorized Users (for Team/Enterprise plans), and any add-on features selected.
• Pro-Rata Charges: If you upgrade your subscription mid-cycle, you will be charged a pro-rated amount for the remainder of your current billing period. Downgrades take effect at the next billing cycle.

6.2 Free Trials

We may offer free trials for new users. The following terms apply to free trials:

• Trial Duration: Free trial periods are specified at the time of sign-up and typically range from 7 to 30 days.
• Trial Limitations: Free trials may include feature limitations, bandwidth restrictions, or other restrictions compared to paid plans.
• Payment Information: We may require payment information to start a free trial. Your card will not be charged during the trial period unless you exceed trial limits.
• Automatic Conversion: Unless you cancel before the trial ends, your trial will automatically convert to a paid subscription at the end of the trial period.
• One Trial per User: Free trials are limited to one per person or household. Attempts to obtain multiple trials may result in account termination.
• No Extension: Free trial periods cannot be extended or combined with other offers unless explicitly stated.

6.3 Payment Methods

You authorize us to charge your designated payment method for all applicable fees:

• Accepted Methods: We accept major credit cards (Visa, MasterCard, American Express), debit cards, and other payment methods as displayed during checkout. Enterprise customers may arrange for invoicing.
• Payment Authorization: By providing payment information, you authorize us to charge the specified payment method for all fees incurred, including recurring subscription fees.
• Valid Information: You are responsible for providing accurate and up-to-date payment information. We are not responsible for payment failures due to incorrect information.
• Payment Failure: If a payment fails, we will attempt to process the payment again and notify you of the failure. After three (3) failed attempts, your account may be suspended.
• Update Notification: You agree to promptly update your payment information if your card expires, is cancelled, or if the billing address changes.

6.4 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel:

• Renewal Notice: We will send a reminder email at least seven (7) days before your subscription renews, summarizing your plan and upcoming charges.
• Renewal Price: Your subscription will renew at the then-current price, which may differ from your initial subscription price if pricing has changed.
• Cancellation Deadline: To prevent renewal, you must cancel before 11:59 PM (UTC) on the day before your renewal date.
• How to Cancel: You may cancel auto-renewal through your account settings (Dashboard) or by contacting support at [email protected].
• Effect of Cancellation: If you cancel auto-renewal, your subscription will remain active until the end of your current billing period, after which you will lose access to the Services.

6.5 Taxes

All fees are exclusive of applicable taxes unless otherwise stated:

• VAT (EU): For customers in the European Union, Value Added Tax (VAT) will be charged at the applicable rate based on your country of residence. Business customers may provide a valid VAT number to apply reverse charge mechanism where applicable.
• Other Taxes: You are responsible for any sales tax, use tax, GST, withholding tax, or other taxes, duties, or levies applicable in your jurisdiction.
• Tax Exempt: If you are tax-exempt, you must provide valid exemption documentation before we can remove taxes from your invoices.
• Tax Invoices: We will provide VAT invoices or tax receipts as required by applicable law, accessible through your account Dashboard.

6.6 Price Changes

We reserve the right to modify our pricing at any time:

• Notice Period: We will provide at least thirty (30) days' written notice of any price increase via email to the address associated with your account.
• Current Period Protected: Price increases will not apply to your current subscription period. They will take effect at your next renewal.
• Right to Cancel: If you do not agree to a price increase, you may cancel your subscription before the new pricing takes effect.
• Grandfathering: In some cases, existing subscribers may be grandfathered at their current price for a specified period. Any grandfathering will be clearly communicated.

6.7 Promotional Offers

From time to time, we may offer promotional pricing or discounts:

• Promotional Terms: Promotional offers are subject to specific terms and conditions stated at the time of the offer.
• Limited Duration: Promotional pricing applies for a specified duration only. After the promotional period, standard pricing will apply.
• Non-Combinable: Unless otherwise stated, promotional offers cannot be combined with other discounts or offers.
• One-Time Use: Promotional codes are generally limited to one-time use per account.
• Existing Subscriptions: Promotional pricing generally cannot be applied retroactively to existing subscriptions unless explicitly stated.

6.8 Right of Withdrawal (EU Consumers)

If you are a consumer in the European Economic Area (EEA), you have a statutory right to withdraw from this Agreement:

• Withdrawal Period: You have 14 days from the date of subscription to withdraw without giving any reason.
• How to Withdraw: To exercise your right of withdrawal, you must inform us of your decision by a clear statement (e.g., email to [email protected]).
• Refund: If you withdraw within the 14-day period, we will reimburse all payments received from you within 14 days of receiving your withdrawal notice.
• Waiver: By accessing and using the Services during the withdrawal period, you expressly consent to the immediate provision of the Services and acknowledge that you lose your right of withdrawal once the Services have been fully performed during that period. You may be charged a proportionate amount for services used.

6.9 Refunds

Our refund policy is as follows:

• General Policy: Except as required by applicable law (including the EU right of withdrawal), all fees are non-refundable after the service period has begun.
• Annual Subscriptions: If you cancel an annual subscription before the end of the subscription period, you will not receive a prorated refund for the remaining period.
• Service Outages: Service outages may entitle you to Service Credits as described in Section 7, but do not entitle you to monetary refunds except as specified in the applicable SLA.
• Discretionary Refunds: We may, at our sole discretion, provide refunds in exceptional circumstances. Such discretionary refunds do not establish precedent or future obligation.
• Refund Method: Approved refunds will be credited to the original payment method within 14 business days.

6.10 Billing Disputes

If you believe you have been incorrectly charged:

• Dispute Period: You must notify us of any billing dispute within sixty (60) days of the charge date. Disputes raised after this period may not be honored.
• How to Dispute: Submit billing disputes in writing to [email protected], including your account information, the disputed charge, and the reason for the dispute.
• Investigation: We will investigate all legitimate billing disputes and respond within fifteen (15) business days.
• Account Status: During the investigation of a billing dispute, your account will remain active unless there are other grounds for suspension.
• Resolution: If we determine the dispute is valid, we will issue a credit or refund as appropriate.

6.11 Currency

Regarding pricing and currency:

• Pricing Currency: Our prices are displayed in Euros (EUR), US Dollars (USD), or other currencies as indicated on our pricing page.
• Billing Currency: You will be charged in the currency selected during checkout. Your bank or card issuer may apply additional currency conversion fees.
• Exchange Rates: If the billing currency differs from your local currency, the exchange rate applied is determined by your payment provider, not by valtrogen.

6.12 Late Payment

If payment is not received by the due date:

• Grace Period: We provide a grace period of seven (7) days after a failed payment attempt before taking action on your account.
• Late Fees: Overdue amounts may be subject to late payment interest at the rate of 1.5% per month (or the maximum rate permitted by applicable law, whichever is lower).
• Suspension: Accounts with overdue balances exceeding thirty (30) days may be suspended until payment is received.
• Collection: We may engage collection agencies or take legal action to recover overdue amounts, and you will be responsible for collection costs and reasonable attorney fees.
• Reinstatement: Suspended accounts may be reinstated upon payment of all outstanding amounts, including late fees. Service during the suspension period cannot be recovered.

6.13 Enterprise Billing

For Enterprise customers, additional billing terms may apply:

• Invoicing: Enterprise customers may be invoiced monthly, quarterly, or annually as specified in the applicable Order Form.
• Payment Terms: Unless otherwise specified in the Order Form, invoices are due within thirty (30) days of invoice date (Net 30).
• Purchase Orders: If you require a purchase order for payment processing, you must provide the PO number at the time of order. Your failure to provide a PO number does not relieve you of payment obligations.
• Custom Pricing: Enterprise pricing is specified in individual Order Forms and may include volume discounts or custom terms.

7. Service Availability & Performance

7.1 Availability Commitments

We are committed to providing reliable and highly available Services. Our availability targets vary by subscription tier:

• Personal: Target availability of 99.5% measured on a monthly basis. No formal SLA commitments.
• Team: Target availability of 99.9% measured on a monthly basis. Service credits available for Extended Downtime as described below.
• Enterprise: Availability commitments as specified in your individual Service Level Agreement, typically 99.95% or higher with enhanced remedies.

Availability is calculated as: ((Total Minutes in Month - Downtime Minutes) / Total Minutes in Month) × 100%.

7.2 Service Level Agreement (SLA)

For Team and Enterprise customers, the following SLA terms apply:

• Monthly Uptime Percentage: The percentage of time during a calendar month that the core Services are available and operational.
• Measurement: Availability is measured using our internal monitoring systems and calculated based on server-side availability, excluding client-side issues.
• Status Page: Real-time service status is published at status.valtrogen.com. Subscribers can sign up for status notifications.

7.3 Service Credits

If we fail to meet the availability commitments for Team and Enterprise subscriptions, you may be eligible for Service Credits:

• Credit Calculation:
  • 99.0% - 99.9% availability: 10% credit of monthly fees
  • 95.0% - 98.9% availability: 25% credit of monthly fees
  • Below 95.0% availability: 50% credit of monthly fees
• Credit Request: To receive Service Credits, you must submit a written request to [email protected] within thirty (30) days of the end of the month in which the Downtime occurred.
• Maximum Credit: The maximum Service Credit for any single month shall not exceed 50% of your monthly subscription fee. Credits do not accumulate and have no cash value.
• Credit Application: Approved Service Credits will be applied to your next billing cycle. Credits are not transferable and cannot be used for other accounts or services.
• Sole Remedy: Service Credits are your sole and exclusive remedy for any failure to meet availability commitments, except as otherwise required by applicable law.

7.4 Scheduled Maintenance

We may perform scheduled maintenance that temporarily affects service availability:

• Maintenance Windows: Scheduled maintenance is typically performed during low-traffic periods, generally between 02:00-06:00 UTC on weekdays.
• Advance Notice: We will provide at least seventy-two (72) hours' notice for standard scheduled maintenance, and at least seven (7) days' notice for major maintenance that may result in extended service interruption.
• Notification Channels: Maintenance notices are posted on our status page and sent via email to account holders who have opted into maintenance notifications.
• SLA Exclusion: Scheduled maintenance periods are excluded from availability calculations, provided proper notice was given.

7.5 Emergency Maintenance

We may perform emergency maintenance without advance notice when necessary:

• Circumstances: Emergency maintenance may be required to address security vulnerabilities, prevent imminent service failures, or respond to critical technical issues.
• Notification: We will notify affected users as soon as practicable through our status page and, where possible, via email.
• Duration: We will make reasonable efforts to minimize the duration of emergency maintenance.
• SLA Treatment: Emergency maintenance lasting less than one (1) hour may be excluded from availability calculations at our discretion, depending on the circumstances.

7.6 SLA Exclusions

The following are excluded from availability calculations and Service Credit eligibility:

• Scheduled Maintenance: Properly notified scheduled maintenance windows.
• User-Caused Issues: Downtime caused by your equipment, software, network connectivity, or actions.
• Third-Party Failures: Failures of third-party services, including internet service providers, DNS providers, or other external dependencies.
• Force Majeure: Events beyond our reasonable control as described in Section 7.9.
• Abuse or Misuse: Service interruptions resulting from your violation of this Agreement or the Acceptable Use Policy.
• Beta Features: Downtime affecting beta or preview features.
• Excessive Usage: Service limitations imposed due to fair use policy violations or exceeding plan limits.
• Security Actions: Service suspensions for security reasons, including investigation of suspicious activity.

7.7 Performance Disclaimer

While we endeavor to provide optimal service performance:

• Variable Performance: Actual performance may vary based on factors outside our control, including network conditions, geographic location, third-party service providers, and your device configuration.
• No Throughput Guarantee: We do not guarantee specific throughput speeds, as actual speeds depend on many factors including your internet connection, selected server location, and network congestion.
• Latency: Network latency varies based on geographic distance to our servers and internet routing. We cannot guarantee specific latency levels.
• Capacity: During periods of high demand, service performance may be affected. Enterprise customers may negotiate dedicated capacity allocations.

7.8 Service Monitoring

We continuously monitor our Services to ensure reliability and performance:

• Infrastructure Monitoring: We use comprehensive monitoring tools to track server health, network performance, and service availability.
• Alerting: Automated alerts notify our operations team of potential issues, enabling rapid response.
• Status Page: Current service status and historical uptime data are available at status.valtrogen.com.
• Incident Communication: During service incidents, we provide regular updates on our status page until the issue is resolved.

7.9 Force Majeure

Neither party shall be liable for any failure or delay in performance due to Force Majeure Events, which include but are not limited to:

• Natural disasters (earthquakes, floods, hurricanes, etc.);
• Acts of war, terrorism, civil unrest, or armed conflict;
• Pandemics, epidemics, or public health emergencies;
• Government actions, laws, regulations, or embargoes;
• Labor disputes, strikes, or work stoppages;
• Failure of telecommunications or power infrastructure;
• Cyberattacks, including DDoS attacks, that exceed our reasonable mitigation capabilities;
• Any other circumstances beyond the reasonable control of the affected party.

The affected party must notify the other party promptly of the Force Majeure Event and make reasonable efforts to mitigate its effects. If a Force Majeure Event continues for more than thirty (30) consecutive days, either party may terminate the affected Services without liability.

8. Privacy & Data Protection

8.1 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into this Agreement by reference. This Section 8 provides additional detail on data protection matters specific to the Services.

8.2 No Traffic Logging Policy

We do not log, monitor, or store the content of network traffic transmitted through our Services. Our commitment to user privacy includes:

• No Content Logging: We do not record the websites you visit, data you transmit, DNS queries, or any content of your communications;
• Minimal Metadata: We collect only the minimum metadata necessary for service operation (connection timestamps, bandwidth usage, server selection) for account management and service optimization;
• No Traffic Analysis: We do not perform deep packet inspection or traffic analysis on user communications;
• No Third-Party Sharing: We do not sell, share, or provide user traffic data to any third parties for commercial purposes;
• Technical Enforcement: Our no-logging policy is technically enforced through our infrastructure architecture, which is designed to minimize data collection by default.

This no-logging policy is a core principle of our service design. We may undergo independent security audits to verify our logging practices.

8.3 Data We Collect

While we do not log traffic content, we do collect and process certain data necessary for service operation:

• Account Data: Email address, username, password hash, payment information, and contact details provided during registration and account management.
• Billing Data: Transaction history, payment method details (processed by third-party payment processors), invoices, and subscription information.
• Connection Metadata: Connection timestamps, session duration, bandwidth consumed, and server region selected (but not specific server or IP addresses used).
• Support Data: Communications with our support team, including tickets, emails, and chat transcripts.
• Device Information: Device type, operating system, and Client Software version used to access the Services.

8.4 GDPR Compliance

valtrogen processes Personal Data in accordance with the General Data Protection Regulation (GDPR) and applicable Data Protection Laws:

• Data Controller: valtrogen acts as a data controller for Account Data and Billing Data, determining the purposes and means of processing.
• Data Processor: Where you transmit Personal Data through the Services, valtrogen acts as a data processor on your behalf, processing data only as necessary to provide the Services.
• Legal Basis: We process Personal Data based on: (a) performance of our contract with you; (b) compliance with legal obligations; (c) our legitimate business interests; or (d) your consent where required.
• Data Minimization: We collect only the Personal Data necessary for the specified purposes and do not retain data longer than necessary.

8.5 Your Data Protection Rights

Under GDPR and applicable Data Protection Laws, you have the following rights regarding your Personal Data:

• Right of Access: You may request a copy of the Personal Data we hold about you.
• Right to Rectification: You may request correction of inaccurate or incomplete Personal Data.
• Right to Erasure: You may request deletion of your Personal Data in certain circumstances (subject to legal retention requirements).
• Right to Restriction: You may request restriction of processing in certain circumstances.
• Right to Data Portability: You may request your Personal Data in a structured, commonly used, machine-readable format.
• Right to Object: You may object to processing based on legitimate interests or for direct marketing purposes.
• Right to Withdraw Consent: Where processing is based on consent, you may withdraw consent at any time.

To exercise these rights, contact us at [email protected]. We will respond within thirty (30) days as required by GDPR.

8.6 Data Processing Agreement (DPA)

For customers who require a Data Processing Agreement under GDPR Article 28:

• Standard DPA: Our standard DPA is available for review and execution upon request.
• Custom DPA: Enterprise customers may negotiate custom DPA terms as part of their Order Form.
• Request Process: To request a DPA, contact [email protected] with your account details and business requirements.
• Sub-Processors: A list of our sub-processors is available upon request and is updated when changes occur.

8.7 Data Location and Transfer

Information about where your data is stored and processed:

• Infrastructure Locations: Our Network Infrastructure is located in multiple geographic regions, including the European Union, North America, and Asia-Pacific. A current list of server locations is available on our network page.
• Account Data Storage: Account Data and Billing Data are primarily stored and processed in the European Union (Estonia).
• International Transfers: Where data is transferred outside the EEA, we use appropriate safeguards including:
  • Standard Contractual Clauses (SCCs) approved by the European Commission;
  • Adequacy decisions for countries deemed to provide adequate data protection;
  • Other lawful transfer mechanisms as permitted by GDPR.
• User Choice: Where technically feasible, you may select your preferred server region. Note that routing decisions are optimized for performance and may vary.

8.8 Data Retention

We retain different categories of data for different periods:

• Account Data: Retained for the duration of your account plus three (3) years after account closure for legal and compliance purposes.
• Billing Data: Retained for seven (7) years after the relevant transaction for tax and accounting compliance.
• Connection Metadata: Aggregated and anonymized within thirty (30) days. Non-aggregated metadata is deleted within ninety (90) days.
• Support Communications: Retained for two (2) years after resolution for quality assurance and dispute resolution.
• Legal Holds: Data may be retained longer if subject to legal preservation requirements.

Upon account termination, we will delete or anonymize your Personal Data within ninety (90) days, except as required for legal compliance.

8.9 Data Breach Notification

In the event of a data breach affecting your Personal Data:

• Detection: We maintain systems to detect unauthorized access to Personal Data.
• Internal Response: Upon discovering a breach, we initiate our incident response procedures to contain, assess, and remediate the breach.
• Regulatory Notification: We will notify the relevant supervisory authority within seventy-two (72) hours of becoming aware of a breach that is likely to result in a risk to individuals' rights and freedoms, as required by GDPR Article 33.
• User Notification: We will notify affected users without undue delay if the breach is likely to result in a high risk to their rights and freedoms, as required by GDPR Article 34. Notification will include:
  • Description of the nature of the breach;
  • Categories and approximate number of individuals and records affected;
  • Contact details for further information;
  • Likely consequences of the breach;
  • Measures taken or proposed to address the breach.
• Cooperation: Enterprise customers with custom DPAs may have additional notification requirements as specified in their agreement.

8.10 Your Data Responsibilities

If you use the Services to process Personal Data of third parties, you are responsible for:

• Legal Basis: Ensuring you have a valid legal basis for collecting and processing such data;
• Privacy Notices: Providing appropriate privacy notices to data subjects;
• Data Subject Rights: Responding to data subject rights requests regarding data you control;
• Security Measures: Implementing appropriate technical and organizational security measures;
• Lawful Transfer: Ensuring any international transfers of Personal Data comply with applicable laws;
• Compliance: Ensuring your use of the Services complies with all applicable Data Protection Laws.

valtrogen is not responsible for your compliance with Data Protection Laws regarding data you process through the Services.

8.11 Data Security Measures

We implement appropriate technical and organizational measures to protect data in accordance with GDPR Article 32:

• Encryption: Data in transit is protected using industry-standard encryption (TLS 1.3, AES-256). Sensitive data at rest is encrypted.
• Access Controls: Strict access controls limit employee access to data on a need-to-know basis. Multi-factor authentication is required for administrative access.
• Infrastructure Security: Our data centers maintain physical security controls, environmental protections, and redundancy measures.
• Security Testing: We conduct regular security assessments, including penetration testing and vulnerability scanning.
• Employee Training: All employees receive data protection and security awareness training.
• Incident Response: We maintain documented incident response procedures.

While we implement robust security measures, no system is completely secure. You acknowledge that you transmit data at your own risk and should implement appropriate security measures on your end.

8.12 Confidentiality

Regarding confidential information exchanged between the parties:

• Protection: Each party agrees to protect the other party's Confidential Information using at least the same degree of care used to protect its own confidential information, but no less than reasonable care.
• Use Restriction: Confidential Information may be used only for purposes of performing obligations under this Agreement.
• Disclosure Restriction: Confidential Information may not be disclosed to third parties except to employees, contractors, or agents who need to know and are bound by confidentiality obligations.
• Exclusions: Confidential Information does not include information that: (a) is or becomes publicly available without breach; (b) was known to the receiving party before disclosure; (c) is independently developed; or (d) is disclosed pursuant to legal requirement.
• Survival: Confidentiality obligations survive termination of this Agreement for three (3) years.

9. Intellectual Property

9.1 valtrogen Property

The Services, including all software, documentation, trademarks, trade names, logos, designs, user interfaces, and other intellectual property, are and shall remain the exclusive property of valtrogen Network and its licensors. This includes, without limitation:

• Software: All Client Software, server software, APIs, and related technical components;
• Content: All text, graphics, images, videos, and other content provided as part of the Services;
• Documentation: All technical documentation, user guides, API references, and instructional materials;
• Trademarks: The "valtrogen" name, logo, and all related brand identifiers;
• Trade Secrets: Proprietary algorithms, methods, processes, and know-how;
• Patents: Any patents or patent applications related to the Services.

Nothing in this Agreement grants you any ownership interest in the Services or valtrogen's Intellectual Property Rights. All rights not expressly granted herein are reserved by valtrogen.

9.2 License Grant to You

Subject to your compliance with this Agreement, we grant you the following limited licenses:

• Service License: A limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business or personal purposes during the term of your subscription.
• Client Software License: A limited, non-exclusive, non-transferable, revocable license to download, install, and use the Client Software on devices you own or control, solely to access the Services.
• Documentation License: A limited, non-exclusive, non-transferable license to access and use the Documentation solely for your internal reference in connection with your authorized use of the Services.
• API License: If your subscription includes API access, a limited, non-exclusive, non-transferable license to access and use the API solely for integrating the Services with your own applications and systems.

These licenses are conditional upon your continued compliance with this Agreement and payment of all applicable Fees.

9.3 License Restrictions

Except as expressly permitted by this Agreement or applicable law, you may not:

• Copy or Reproduce: Copy, reproduce, or duplicate the Services or any component thereof;
• Modify: Modify, adapt, translate, or create derivative works based on the Services;
• Reverse Engineer: Reverse engineer, disassemble, decompile, or attempt to derive the source code of any software component, except to the extent permitted by applicable law;
• Distribute: Distribute, sublicense, sell, rent, lease, lend, or otherwise transfer the Services or any license rights to third parties;
• Remove Notices: Remove, alter, or obscure any proprietary notices, labels, or marks on the Services or Documentation;
• Circumvent: Circumvent, disable, or interfere with any security features or usage limitations;
• Competitive Use: Use the Services to build, enhance, or market a competing product or service;
• Benchmarking: Conduct benchmarking, performance testing, or comparative analysis for publication without our prior written consent;
• Framing: Frame, mirror, or incorporate the Services into another product or service;
• Data Mining: Use automated tools to scrape, extract, or collect data from the Services except through the API as permitted.

9.4 Your Content

You retain all ownership rights in your User Content. By using the Services, you grant valtrogen the following licenses:

• Service License: A limited, non-exclusive, worldwide, royalty-free license to process, transmit, temporarily store, and display your User Content solely as necessary to provide the Services to you;
• Backup License: A limited license to copy and store your User Content for backup, disaster recovery, and service continuity purposes;
• Support License: A limited license to access your User Content as necessary to provide technical support at your request.

These licenses terminate when you delete your User Content or terminate your account, except for copies made for backup purposes which will be deleted in accordance with our data retention policies.

Your Representations: You represent and warrant that: (a) you own or have the necessary rights to your User Content; (b) your User Content does not infringe any third party's Intellectual Property Rights; and (c) you have obtained all necessary consents for any personal data included in your User Content.

9.5 Open Source Software

The Services may include open source software components licensed under various open source licenses:

• License Compliance: Your use of open source components is subject to the terms of the applicable open source licenses;
• Attribution: A list of open source components and their licenses is available in the Client Software's "About" section and at valtrogen.com/legal/open-source;
• Conflicts: If there is a conflict between this Agreement and an open source license, the open source license will govern solely with respect to that component;
• No Warranty: Open source components are provided "as is" without warranty, subject to the terms of their respective licenses;
• Source Code: For open source components requiring source code availability, you may request source code by contacting [email protected].

9.6 Trademark Usage

Regarding use of valtrogen's trademarks and brand assets:

• Limited Permission: You may use our name and logo solely to identify valtrogen as your service provider, provided such use complies with our brand guidelines;
• No Confusion: You may not use our trademarks in any way that suggests sponsorship, endorsement, or affiliation without our prior written consent;
• No Registration: You may not register or attempt to register any trademark, domain name, or social media account that incorporates our trademarks;
• Brand Guidelines: Any permitted use of our trademarks must comply with our brand guidelines available at valtrogen.com/brand;
• Quality Standards: Any products or services associated with our trademarks must meet our quality standards;
• Revocation: We may revoke permission to use our trademarks at any time for any reason.

9.7 Copyright Complaints (DMCA)

valtrogen respects the intellectual property rights of others. If you believe that content available through the Services infringes your copyright:

• Notification: Send a written notification to our designated copyright agent at [email protected] containing:
  • Identification of the copyrighted work claimed to be infringed;
  • Identification of the allegedly infringing material and its location;
  • Your contact information (name, address, phone, email);
  • A statement that you have a good faith belief that the use is not authorized;
  • A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner;
  • Your physical or electronic signature.
• Counter-Notification: If you believe content was removed in error, you may submit a counter-notification containing the information required by applicable law;
• Repeat Infringers: We may terminate accounts of users who are repeat infringers in appropriate circumstances;
• Good Faith: Misrepresentations in a DMCA notice may result in liability for damages, including costs and attorney fees.

9.8 Feedback and Suggestions

If you provide feedback, suggestions, ideas, improvements, or other input regarding the Services ("Feedback"):

• License Grant: You grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to use, copy, modify, create derivative works from, distribute, publicly display, publicly perform, and otherwise exploit the Feedback for any purpose without restriction or compensation;
• No Obligation: We have no obligation to consider, implement, or compensate you for any Feedback;
• No Confidentiality: Feedback is not considered Confidential Information unless explicitly agreed in writing;
• Representation: You represent that you have the right to provide the Feedback and that it does not violate any third party's rights.

9.9 Intellectual Property Indemnification

Subject to the limitations in Section 13:

• Our Indemnification: We will defend, indemnify, and hold you harmless from any third-party claim that the Services, as provided by us and used in accordance with this Agreement, infringe any third party's patent, copyright, or trademark valid in the European Union or the United States;
• Conditions: This indemnification is subject to: (a) prompt written notice of the claim; (b) our sole control of the defense and settlement; and (c) your reasonable cooperation;
• Exclusions: We have no obligation for claims arising from: (a) modifications to the Services not made by us; (b) combination with third-party products; (c) your continued use after notice to cease; (d) use in violation of this Agreement; or (e) free or trial services;
• Remedies: If the Services are held to infringe, we may, at our option: (a) obtain the right for you to continue use; (b) modify the Services to be non-infringing; or (c) terminate your subscription and provide a prorated refund.

This Section 9.9 states our entire liability and your exclusive remedy for intellectual property infringement claims.

9.10 Government Rights

If you are a government entity or contractor:

• The Services and Documentation are "Commercial Computer Software" and "Commercial Computer Software Documentation" as defined in applicable government acquisition regulations;
• Government users acquire only the rights set forth in this Agreement;
• Use, duplication, or disclosure by the government is subject to restrictions as set forth in this Agreement.

10. Suspension & Termination

10.1 Termination by You

You may terminate your subscription at any time through the following methods:

• Dashboard: Log into your account and navigate to Settings > Subscription > Cancel Subscription.
• Email: Send a cancellation request to [email protected] from the email address associated with your account.
• Written Notice: Send written notice to our legal address specified in Section 16.

Upon cancellation:

• Your subscription will remain active until the end of your current billing period;
• Auto-renewal will be disabled and you will not be charged for subsequent periods;
• You retain access to the Services until the subscription period ends;
• No refunds will be provided for the unused portion of your subscription period (except as required by applicable law).

10.2 Account Deletion

If you wish to permanently delete your account (rather than just canceling your subscription):

• Request: Submit an account deletion request through your Dashboard or by emailing [email protected].
• Verification: We may require identity verification to process deletion requests.
• Processing Time: Account deletion will be processed within thirty (30) days of verified request.
• Data Deletion: Upon account deletion, your Personal Data will be deleted or anonymized in accordance with Section 8.8 (Data Retention).
• Irreversible: Account deletion is permanent and cannot be undone. You will lose access to all account data, settings, and history.

10.3 Suspension by valtrogen

We may temporarily suspend your access to the Services under the following circumstances:

• Agreement Violations: If we reasonably believe you have breached any material provision of this Agreement or the Acceptable Use Policy;
• Security Risk: If your account poses a security risk to the Services, our infrastructure, or other users;
• Payment Failure: If your payment method fails and the account has been in arrears for more than seven (7) days;
• Suspicious Activity: If we detect unusual activity that may indicate account compromise or fraudulent use;
• Legal Requirement: If required by law, court order, or regulatory authority;
• Investigation: During investigation of reported or suspected violations.

Notice: Except in cases requiring immediate action, we will attempt to notify you prior to suspension and provide an opportunity to remedy the issue. During suspension, you may contact support to discuss reinstatement.

10.4 Termination by valtrogen

We may permanently terminate your account and access to the Services if:

• Material Breach: You commit a material breach of this Agreement that is not cured within fifteen (15) days of written notice (or immediately for breaches that cannot be cured);
• Repeated Violations: You repeatedly violate this Agreement or the Acceptable Use Policy, even if individual violations are cured;
• Illegal Activity: Your use of the Services involves illegal activity;
• Extended Non-Payment: Your account remains in arrears for more than sixty (60) days;
• Extended Suspension: Your account remains suspended for more than ninety (90) days without resolution;
• Fraud: You engage in fraudulent activity or provide false information;
• Insolvency: You become insolvent, file for bankruptcy, or are subject to receivership;
• Regulatory Requirement: We are required to terminate by law or regulatory authority.

Notice: We will provide written notice of termination via email except where prohibited by law or where immediate termination is required for security, legal, or fraud-related reasons.

10.5 Account Inactivity

Regarding inactive accounts:

• Definition: An account is considered inactive if there has been no login, connection, or account activity for twelve (12) consecutive months.
• Warning Notice: We will send a warning email to the address associated with your account at least thirty (30) days before taking action on inactive accounts.
• Free Accounts: Free accounts that remain inactive may be deleted after the warning period.
• Paid Accounts: Paid accounts with valid subscriptions will not be affected by inactivity policies during the subscription term.
• Data Preservation: Before deleting an inactive account, we will make reasonable efforts to notify you and provide an opportunity to export your data.

10.6 Effect of Termination

Upon termination of your account (whether by you or by valtrogen):

• Service Access: Your right to access and use the Services immediately ceases;
• Client Software: Your license to use the Client Software terminates, and you must uninstall and delete all copies;
• Outstanding Fees: You remain liable for all fees incurred prior to termination, including fees for the current billing period;
• Data Deletion: Your data will be deleted in accordance with our data retention policies (Section 8.8) and applicable law;
• Surviving Provisions: The following sections survive termination: Definitions, Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law & Disputes, and any other provisions that by their nature should survive.

10.7 Data Export and Portability

Before account termination or deletion, you may request export of your data:

• Export Request: Submit a data export request through your Dashboard or by emailing [email protected].
• Format: We will provide your Account Data in a commonly used, machine-readable format (e.g., JSON, CSV) in accordance with GDPR Article 20.
• Scope: Exportable data includes your account information, billing history, and configuration settings. We cannot export traffic data as we do not log it.
• Timing: Data export requests should be made at least fourteen (14) days before account termination to ensure processing time.
• Post-Termination: Data export requests made after account termination may not be able to be fulfilled if data has already been deleted.

10.8 Service Discontinuation

In the unlikely event that we discontinue the Services entirely:

• Notice: We will provide at least ninety (90) days' advance notice of service discontinuation;
• Refunds: You will receive a prorated refund for any prepaid subscription fees covering the period after discontinuation;
• Data Export: You will have the opportunity to export your data during the notice period;
• Transition Assistance: We will make reasonable efforts to assist with transition to alternative services where feasible.

10.9 Disputes During Termination

If you dispute a suspension or termination:

• Appeal: You may submit a written appeal to [email protected] within fourteen (14) days of the suspension or termination notice;
• Review: We will review your appeal and respond within fourteen (14) business days;
• Account Status: During the appeal process, the suspension or termination remains in effect unless we determine otherwise;
• Final Decision: Our decision on the appeal is final, subject to your rights under applicable law and the dispute resolution provisions in Section 14.

11. Disclaimers

11.1 "As Is" and "As Available" Basis

To the maximum extent permitted by Applicable Law, the Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express, implied, or statutory. This includes, without limitation:

• Implied Warranties: All implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
• Accuracy: Any warranty that the Services will be accurate, complete, or current;
• Quality: Any warranty that the Services will meet quality expectations;
• Results: Any warranty that the Services will achieve particular results or outcomes;
• Compatibility: Any warranty of compatibility with your systems, devices, or software.

You acknowledge that you use the Services at your own risk and discretion.

11.2 No Performance Guarantees

valtrogen expressly disclaims any guarantee or warranty regarding:

• Availability: That the Services will be uninterrupted, timely, or available at any particular time or location;
• Reliability: That the Services will be reliable, error-free, or free from failures;
• Security: That the Services will be secure or free from vulnerabilities, viruses, or other harmful components;
• Defects: That any defects or errors will be corrected;
• Speed: That the Services will operate at any particular speed or throughput;
• Requirements: That the Services will meet your specific requirements, needs, or expectations;
• Suitability: That the Services will be suitable for any particular purpose or use case.

11.3 Security Disclaimers

While we implement industry-standard security measures, we disclaim any warranty regarding security:

• No Absolute Security: No system is completely secure. We cannot guarantee that the Services will be impenetrable or that your data will be absolutely secure;
• Encryption Limitations: Encryption provides protection for data in transit but is not a guarantee against all forms of attack or compromise;
• Endpoint Security: We are not responsible for the security of your devices, operating systems, or other software;
• User Security: Security depends on your proper use of the Services, including maintaining strong passwords and keeping your devices secure;
• Third-Party Attacks: We cannot prevent all cyberattacks, and sophisticated attackers may potentially compromise security measures;
• Government Access: Government authorities may have capabilities to access communications that we cannot prevent.

11.4 No Anonymity Guarantee

valtrogen does not promise or guarantee complete anonymity. While we implement measures to protect user privacy and do not log traffic content, you should understand that:

• Legal Disclosure: We may be legally required to disclose Account Data to law enforcement agencies in response to valid legal process (court orders, warrants, subpoenas);
• Metadata Collection: Connection metadata (timestamps, bandwidth, server region) may be collected for service operation and is not covered by our no-logging policy;
• Third-Party Identification: Destination websites, services, and other third parties may identify you through cookies, browser fingerprinting, account logins, payment information, or other means independent of our Services;
• Traffic Analysis: Sophisticated adversaries may be able to conduct traffic analysis that could reveal information about your usage;
• Not for Illegal Activities: The Services are not designed as a tool for conducting illegal activities, and you should not rely on them to evade legal consequences;
• Technical Limitations: Technical limitations, bugs, vulnerabilities, and external factors may affect the privacy protection provided by the Services.

If you require the highest levels of anonymity for legitimate purposes, you should implement additional measures and consult with security professionals. Our Services should be considered one layer of a comprehensive security strategy, not a complete solution.

11.5 Third-Party Services and Content

Regarding third-party services, content, and integrations:

• No Responsibility: We are not responsible for the availability, accuracy, reliability, or quality of any third-party services, websites, or content you access through the Services;
• No Control: We do not control third-party services and are not liable for their actions, policies, or practices;
• Third-Party Terms: Your use of third-party services is governed by their terms of service and privacy policies;
• Links: Any links to third-party websites or services are provided for convenience only and do not constitute endorsement;
• Integrations: Third-party integrations may cease to function or be discontinued without notice;
• Data Sharing: Data shared with third-party services is subject to their data practices, not ours.

11.6 Internet and Network Disclaimers

The Services rely on the internet and telecommunications networks over which we have no control:

• Internet Connectivity: We are not responsible for failures or degradation of your internet connection or any internet service provider;
• Network Conditions: Network congestion, routing issues, and other network conditions may affect service performance;
• Telecommunications: We are not responsible for the actions, outages, or policies of telecommunications providers;
• Infrastructure Failures: We are not responsible for failures of internet infrastructure, backbone networks, or related services;
• Geographic Limitations: Service availability and performance may vary by geographic location due to network conditions and infrastructure.

11.7 Content and User Actions

We disclaim responsibility for:

• User Content: Any content transmitted by you or other users through the Services;
• User Actions: Actions taken by you or other users while using the Services;
• Illegal Use: Any illegal use of the Services by you or others;
• Consequences: Consequences arising from your use of the Services, including legal, professional, or personal consequences;
• Third-Party Claims: Claims by third parties arising from your use of the Services or your User Content.

11.8 Professional Advice Disclaimer

The Services and any information provided by valtrogen do not constitute:

• Legal advice or the practice of law;
• Security consulting or professional security services;
• Tax or accounting advice;
• Compliance certification or assurance;
• Any other professional advice.

You should consult qualified professionals for advice specific to your situation.

11.9 Consumer Protection Rights

If you are a consumer in the European Economic Area or other jurisdictions with statutory consumer protections:

• Statutory Rights: You may have statutory rights under applicable consumer protection laws that cannot be excluded or limited;
• Mandatory Warranties: Some jurisdictions do not allow the exclusion of certain implied warranties or the limitation of certain rights;
• Limited Application: In such jurisdictions, the disclaimers in this Section 11 apply only to the maximum extent permitted by law;
• No Waiver: Nothing in this Agreement is intended to exclude or limit any statutory rights that cannot be lawfully excluded or limited.

To the extent any disclaimer in this Section 11 is not enforceable under Applicable Law, such disclaimer shall be limited to the minimum extent necessary to comply with such law.

12. Limitation of Liability

12.1 Exclusion of Consequential Damages

To the maximum extent permitted by applicable law, in no event shall valtrogen, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or in connection with this Agreement or the Services, regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if valtrogen has been advised of the possibility of such damages.

12.2 Specific Excluded Damages

Without limiting Section 12.1, valtrogen shall not be liable for:

• Lost Profits: Any loss of profits, revenue, business, contracts, or anticipated savings;
• Data Loss: Any loss, corruption, or destruction of data, including User Content transmitted through the Services;
• Business Interruption: Any loss arising from interruption of business or inability to access the Services;
• Reputation Damage: Any damage to goodwill, reputation, or brand value;
• Third-Party Claims: Any claims brought against you by third parties, except as expressly provided in Section 9.9;
• Substitute Services: Any cost of procuring substitute goods or services;
• Lost Opportunities: Any loss of opportunity, expected savings, or wasted expenditure;
• Security Incidents: Any damages arising from security incidents, data breaches, or unauthorized access, except where caused by our gross negligence;
• Third-Party Actions: Any damages caused by the actions of third parties, including hackers, internet service providers, or government authorities;
• Force Majeure: Any damages arising from Force Majeure Events as defined in Section 7.9.

12.3 Liability Cap

To the maximum extent permitted by applicable law, valtrogen's total cumulative liability for all claims arising out of or related to this Agreement, whether in contract, tort, or otherwise, shall not exceed:

• General Cap: The total amount paid by you to valtrogen during the twelve (12) months immediately preceding the event giving rise to liability;
• Free Services: For free trials or free services, liability is limited to fifty Euros (€50);
• Multiple Claims: The liability cap applies to all claims in aggregate, not per claim;
• Enterprise Customers: Enterprise customers may negotiate different liability caps in their Order Form.

12.4 Specific Liability Limitations

The following specific limitations apply:

• Service Outages: Our sole liability for service outages is limited to Service Credits as described in Section 7.3;
• Data Loss: We are not liable for any loss of User Content, as we do not store or backup your transmitted data (see Section 8.2);
• Third-Party Services: We are not liable for any damages caused by third-party services, integrations, or applications;
• Network Issues: We are not liable for damages arising from internet connectivity issues, network congestion, or routing problems outside our infrastructure;
• Government Actions: We are not liable for damages resulting from government actions, legal requirements, or regulatory changes;
• User Actions: We are not liable for damages resulting from your actions, including your violation of this Agreement or Applicable Law.

12.5 Allocation of Risk

The limitations of liability in this Section 12 reflect a reasonable allocation of risk between the parties and are an essential basis of the bargain between us. You acknowledge that:

• The Fees charged reflect this allocation of risk;
• valtrogen would not provide the Services without these limitations;
• These limitations apply even if any limited remedy fails of its essential purpose;
• You should maintain appropriate insurance and backup measures for your business needs.

12.6 Basis of the Bargain

You agree that the limitations of liability set forth in this Section 12 are:

• Material inducements to valtrogen entering into this Agreement;
• Reflected in the pricing of the Services;
• Fair and reasonable given the nature of the Services;
• Agreed to after opportunity for negotiation (for Enterprise customers).

12.7 Exceptions - Unlimited Liability

Nothing in this Section 12 limits or excludes liability for:

• Death or Personal Injury: Death or personal injury caused by negligence;
• Fraud: Fraud or fraudulent misrepresentation;
• Gross Negligence: Gross negligence or willful misconduct;
• Payment Obligations: Your obligation to pay Fees due under this Agreement;
• Indemnification: Indemnification obligations under Section 13;
• IP Infringement: Claims arising from your infringement of our Intellectual Property Rights;
• Confidentiality Breach: Material breach of confidentiality obligations;
• Statutory Rights: Any other liability that cannot be excluded or limited by Applicable Law.

12.8 Consumer Protection

If you are a consumer in the European Economic Area:

• The limitations in this section do not affect your statutory rights that cannot be waived or limited;
• We remain liable for damages caused by defects in the Services to the extent required by applicable consumer protection laws;
• You may have additional rights under the laws of your country of residence that cannot be contractually excluded;
• In case of conflict between this section and mandatory consumer protection laws, the mandatory laws shall prevail.

12.9 Insurance

Given the limitations of liability in this Agreement:

• We recommend that you maintain appropriate insurance coverage for your business risks;
• Enterprise customers with specific insurance requirements should discuss them during contract negotiation;
• valtrogen maintains commercially reasonable insurance coverage for its operations, details of which may be provided to Enterprise customers upon request.

13. Indemnification

13.1 Your Indemnification Obligation

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless valtrogen Network, its affiliates, and their respective officers, directors, employees, agents, successors, and assigns (collectively, "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, damages, losses, liabilities, settlements, judgments, costs, and expenses (including reasonable attorney fees and legal costs) (collectively, "Claims") arising out of or related to:

• Service Use: Your access to or use of the Services, including any activities conducted through your account;
• User Content: Your User Content, including any allegation that your User Content infringes any third party's Intellectual Property Rights or other rights;
• Agreement Breach: Your breach or alleged breach of any term, condition, representation, or warranty in this Agreement;
• AUP Violations: Your violation of our Acceptable Use Policy;
• Legal Violations: Your violation of any Applicable Law, regulation, or order;
• Third-Party Rights: Your infringement or misappropriation of any third party's rights, including Intellectual Property Rights, privacy rights, or contractual rights;
• Negligent or Wrongful Acts: Any negligent, fraudulent, or wrongful act or omission by you or your Authorized Users;
• Tax Liabilities: Any tax liability arising from your failure to properly report or pay taxes related to your use of the Services;
• Data Processing: Any Claims related to your processing of Personal Data through the Services, including GDPR violations.

13.2 Indemnification Procedure

The following procedures apply to indemnification claims:

• Prompt Notice: We will notify you promptly in writing of any Claim for which we seek indemnification. Failure to provide prompt notice does not relieve your indemnification obligations except to the extent such failure materially prejudices your ability to defend the Claim;
• Cooperation: We will provide reasonable cooperation and assistance in the defense of any Claim at your expense. This includes providing relevant documents, information, and access to personnel;
• Control: You shall have control of the defense and settlement of any Claim, subject to Sections 13.3 and 13.4;
• No Admission: You shall not make any admission of liability or agree to any settlement that imposes obligations on any Indemnified Party without our prior written consent.

13.3 Defense Rights

Regarding the defense of Claims:

• Your Right to Defend: You have the right to assume the defense of any Claim with counsel of your choice, provided such counsel is reasonably acceptable to us;
• Our Participation: We have the right to participate in the defense of any Claim with our own counsel at our own expense;
• Our Right to Defend: If you fail to timely assume the defense of a Claim, we may assume the defense at your expense;
• Competent Counsel: The defending party shall engage competent counsel experienced in the subject matter of the Claim;
• Status Updates: The defending party shall keep the other party reasonably informed of the status of the Claim and any settlement negotiations.

13.4 Settlement

Regarding settlement of Claims:

• Settlement Approval: You may not settle any Claim without our prior written consent if the settlement: (a) imposes any obligation on us other than payment of money; (b) admits liability on our behalf; (c) requires us to take or refrain from any action; or (d) does not fully release all Indemnified Parties;
• Consent Not Unreasonably Withheld: We will not unreasonably withhold consent to settlements that provide a full release and involve only monetary payment covered by your indemnification;
• Cooperation in Settlement: We will cooperate reasonably in any settlement that we have approved.

13.5 valtrogen's Indemnification

Subject to the limitations in Section 12, valtrogen will indemnify you against Claims arising from:

• IP Infringement: Third-party claims that the Services, as provided by valtrogen and used in accordance with this Agreement, infringe any third party's patent, copyright, or trademark valid in the European Union or United States (see Section 9.9 for details);
• Gross Negligence: Claims arising directly from valtrogen's gross negligence or willful misconduct.

Our indemnification obligations are subject to: (a) prompt written notice of the Claim; (b) sole control of the defense and settlement; and (c) your reasonable cooperation.

13.6 Exclusions from Indemnification

Neither party shall be obligated to indemnify the other for Claims arising from:

• The indemnifying party's compliance with the other party's specific instructions;
• Modifications made by the other party;
• Use of the Services in combination with third-party products not provided or authorized by valtrogen;
• Use of the Services in violation of this Agreement;
• Continued use after notice to cease use;
• Use of outdated versions of the Services when updated versions would have avoided the Claim.

13.7 Indemnification Limits

The indemnification obligations in this Section 13 are subject to:

• Liability Cap: Your indemnification obligations are not subject to the liability cap in Section 12.3, except as required by Applicable Law;
• Our Indemnification Cap: valtrogen's indemnification obligations under Section 13.5 are subject to the liability cap in Section 12.3;
• Insurance: Enterprise customers may be required to maintain insurance covering their indemnification obligations.

13.8 Consumer Exception

If you are a consumer in the European Economic Area:

• The indemnification obligations in this Section 13 do not apply to you to the extent prohibited by applicable consumer protection laws;
• You may still be liable for damages caused by your breach of this Agreement or Applicable Law under general liability principles;
• Nothing in this section affects your statutory rights under mandatory consumer protection laws.

13.9 Survival

The indemnification obligations in this Section 13 survive termination of this Agreement and apply to Claims arising from events occurring during the term of this Agreement, regardless of when the Claim is asserted.

14. Governing Law & Dispute Resolution

14.1 Governing Law

This Agreement shall be governed by and construed in accordance with:

• Primary Law: The laws of the Republic of Estonia, without regard to its conflict of laws principles;
• EU Law: Where applicable, mandatory provisions of European Union law, including the GDPR and consumer protection directives;
• Excluded: The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded;
• Interpretation: This Agreement shall be interpreted in accordance with Estonian legal principles and, where ambiguous, in a manner consistent with the parties' intent.

14.2 Jurisdiction

Subject to Section 14.4 (Consumer Rights):

• Exclusive Jurisdiction: Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of Harju County Court (Harju Maakohus) in Tallinn, Estonia;
• Appeals: Appeals shall be heard by the Tallinn Circuit Court (Tallinna Ringkonnakohus) and, if applicable, the Supreme Court of Estonia (Riigikohus);
• Consent: You consent to the personal jurisdiction of these courts and waive any objection to venue;
• Service of Process: Service of process may be made by any method permitted under Estonian law or by email to the address associated with your account (for you) or to [email protected] (for us).

14.3 Informal Resolution

Before initiating any formal legal proceedings, the parties agree to attempt informal resolution:

• Notice: The complaining party shall send a written dispute notice to the other party describing the dispute, the relief sought, and proposed resolution;
• Contact: Dispute notices should be sent to [email protected] for valtrogen, or to the email address associated with your account for you;
• Good Faith Negotiation: The parties shall engage in good faith negotiations for at least thirty (30) days following receipt of the dispute notice;
• Escalation: If the dispute is not resolved within thirty (30) days, either party may escalate to formal proceedings;
• Tolling: The informal resolution period tolls any applicable statute of limitations during the negotiation period.

14.4 Consumer Rights (EEA)

If you are a consumer residing in the European Economic Area, the following additional rights apply:

• Local Courts: You may bring proceedings in the courts of your country of residence. We may only bring proceedings against you in the courts of your country of residence;
• Mandatory Law: Nothing in this Agreement deprives you of the protection of mandatory provisions of the law of your country of residence;
• ODR Platform: You may submit complaints through the European Commission's Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr. Our email for ODR purposes is [email protected];
• ADR Entity: We are not required to participate in alternative dispute resolution (ADR) procedures before a consumer ADR entity, but we will consider participation on a case-by-case basis;
• Consumer Rights: Nothing in this Agreement affects your statutory rights under applicable consumer protection laws.

14.5 Arbitration (Enterprise Customers)

For Enterprise customers, the following arbitration provisions apply unless otherwise agreed in your Order Form:

• Agreement to Arbitrate: Any dispute arising out of or relating to this Agreement that cannot be resolved through informal negotiation shall be finally resolved by binding arbitration;
• Arbitration Rules: Arbitration shall be conducted in accordance with the Arbitration Rules of the Arbitration Court of the Estonian Chamber of Commerce and Industry;
• Seat: The seat of arbitration shall be Tallinn, Estonia;
• Language: The arbitration shall be conducted in English;
• Arbitrator: The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties, or failing agreement, appointed in accordance with the applicable rules;
• Confidentiality: The arbitration proceedings and award shall be confidential;
• Judgment: Judgment on the award may be entered in any court of competent jurisdiction;
• Costs: Each party shall bear its own costs, and arbitration costs shall be allocated by the arbitrator.

14.6 Statute of Limitations

Claims must be brought within the following time periods:

• General Claims: Any claim arising out of or related to this Agreement must be brought within two (2) years of the date on which the claim arose or could reasonably have been discovered;
• Billing Disputes: Claims related to billing must be raised within sixty (60) days of the relevant charge (see Section 6.10);
• Service Credits: Claims for Service Credits must be made within thirty (30) days of the relevant service period (see Section 7.3);
• Consumer Rights: For consumers in the EEA, statutory limitation periods under local law apply where they provide longer periods;
• Waiver: Failure to bring a claim within the applicable limitation period constitutes a waiver of such claim.

14.7 Small Claims

Notwithstanding Section 14.2:

• Small Claims Court: Either party may bring individual claims in small claims court if the claim falls within that court's jurisdictional limits;
• Location: Small claims may be brought in the small claims court of your residence (for consumers) or in Estonia (for businesses);
• Removal: If a claim is filed in small claims court and later removed or transferred, the provisions of this Section 14 shall apply.

14.8 Injunctive Relief

Nothing in this Section 14 prevents either party from seeking:

• Injunctive Relief: Injunctive or other equitable relief in any court of competent jurisdiction to protect its Intellectual Property Rights or Confidential Information;
• Provisional Measures: Provisional or conservatory measures pending resolution of the dispute;
• Enforcement: Enforcement of any judgment or arbitration award in any court of competent jurisdiction.

14.9 Class Action Waiver

To the extent permitted by Applicable Law:

• Individual Claims Only: All disputes must be brought in the parties' individual capacity, not as a plaintiff or class member in any purported class or representative proceeding;
• No Class Arbitration: The arbitrator may not consolidate claims of multiple parties or preside over any form of representative or class proceeding;
• Consumer Exception: This waiver does not apply to consumers in the EEA to the extent prohibited by mandatory consumer protection laws;
• Severability: If this class action waiver is found unenforceable, the entire arbitration agreement (but not this Agreement) shall be void.

14.10 Continued Service

During any dispute:

• Service Continuation: Unless the dispute relates to non-payment, valtrogen will continue to provide the Services during the dispute resolution process, provided you continue to pay all undisputed Fees;
• Payment Disputes: If the dispute relates to payment, you must pay the undisputed portion while the disputed portion is being resolved;
• No Waiver: Continued provision of Services during a dispute does not waive any rights or remedies.

15. General Provisions

15.1 Entire Agreement

This Agreement, together with the Privacy Policy, Acceptable Use Policy, and any applicable Order Forms, Service Level Agreements, or other written agreements executed by the parties, constitutes the entire agreement between you and valtrogen regarding the subject matter hereof. This Agreement:

• Supersedes all prior and contemporaneous agreements, proposals, negotiations, representations, and communications, whether oral or written;
• May not be modified except in writing signed by both parties (or, for general terms, by valtrogen's posting of updated terms as described in Section 2.5);
• Prevails over any conflicting or additional terms in any purchase order, acknowledgment, or other document issued by you, unless expressly accepted by valtrogen in writing.

15.2 Order of Precedence

In the event of any conflict between the documents comprising this Agreement, the following order of precedence shall apply (from highest to lowest):

• Order Forms or custom agreements signed by both parties;
• Service Level Agreements;
• These Terms of Service;
• The Acceptable Use Policy;
• The Privacy Policy;
• Documentation and other materials.

More specific provisions shall control over more general provisions within the same document.

15.3 Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction:

• Such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the parties' original intent;
• If modification is not possible, the provision shall be severed from this Agreement;
• The remaining provisions shall continue in full force and effect;
• The invalidity of a provision in one jurisdiction does not affect its validity in other jurisdictions.

15.4 Waiver

Regarding waiver of rights under this Agreement:

• No Implied Waiver: Our failure or delay in exercising any right, power, or remedy under this Agreement shall not constitute a waiver of such right, power, or remedy;
• Written Waiver Required: Any waiver must be in writing and signed by an authorized representative of valtrogen to be effective;
• Specific Waiver: A waiver of any right or remedy on one occasion shall not be deemed a waiver of such right or remedy on any other occasion;
• Cumulative Rights: All rights and remedies under this Agreement are cumulative and not exclusive of any other rights or remedies provided by law.

15.5 Assignment

Regarding assignment and transfer of this Agreement:

• Your Assignment: You may not assign, transfer, delegate, or sublicense any of your rights or obligations under this Agreement without our prior written consent, which may be withheld in our sole discretion;
• Our Assignment: We may freely assign this Agreement, in whole or in part, without your consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets;
• Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns;
• Void Assignment: Any attempted assignment in violation of this Section 15.5 shall be null and void.

15.6 Independent Contractors

The relationship between you and valtrogen is that of independent contractors. This Agreement does not create:

• An agency relationship;
• A partnership, joint venture, or fiduciary relationship;
• An employment or franchise relationship;
• Any relationship that would make either party the legal representative or agent of the other.

Neither party has the authority to bind the other or incur obligations on behalf of the other.

15.7 No Third-Party Beneficiaries

This Agreement is entered into solely for the benefit of you and valtrogen. No third party:

• Is an intended beneficiary of this Agreement;
• Has any right to enforce any provision of this Agreement;
• May rely on this Agreement for any purpose.

Notwithstanding the foregoing, valtrogen's affiliates are intended third-party beneficiaries of valtrogen's rights under this Agreement and may enforce such rights directly.

15.8 Export Compliance

You agree to comply with all applicable Export Control Laws:

• EU Export Controls: You shall comply with all European Union export control regulations, including Council Regulation (EC) No 428/2009 and related measures;
• Sanctions: You represent that you are not: (a) located in, or a resident or national of, any country subject to comprehensive EU, US, or UN sanctions; (b) designated on any applicable sanctions list; or (c) owned or controlled by any such person or entity;
• Restricted Activities: You shall not use the Services for any purposes prohibited by Export Control Laws, including development, design, manufacture, or production of nuclear, missile, chemical, or biological weapons;
• Re-Export: You shall not re-export, transfer, or disclose any technical data or technology received from valtrogen in violation of Export Control Laws;
• Geographic Restrictions: Service availability may be restricted in certain countries as described in our Acceptable Use Policy.

15.9 Government Users

If you are a government entity or contractor:

• The Services and Documentation are commercial items as defined in applicable regulations;
• Government users acquire only the rights set forth in this Agreement;
• Use, duplication, or disclosure by the government is subject to restrictions as set forth in this Agreement;
• You must comply with all applicable procurement regulations and policies.

15.10 Electronic Communications

You consent to receive communications from us electronically:

• Electronic Consent: By using the Services, you consent to receive communications from us electronically, including by email and notices posted on our website;
• Electronic Agreement: You agree that this Agreement and all notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing;
• Electronic Signatures: You agree that electronic signatures, including click-through agreements, have the same legal effect as physical signatures;
• Record Retention: You are responsible for maintaining copies of electronic communications for your records.

15.11 Notices

Notices under this Agreement shall be provided as follows:

• Notices to You: We may provide notices to you by: (a) email to the address associated with your account; (b) posting on our website or in the Dashboard; or (c) other means reasonably designed to provide notice;
• Effective Date: Notices are effective: (a) for email, when sent (unless we receive a delivery failure notification); (b) for website posting, when posted;
• Notices to valtrogen: Notices to valtrogen must be sent to: [email protected] or by mail to our registered address. Legal notices are effective when actually received;
• Address Updates: You are responsible for keeping your contact information current. We are not responsible for notices sent to an outdated address.

15.12 Language

Regarding the language of this Agreement:

• Controlling Language: This Agreement is drafted in English, and the English version shall be the controlling version;
• Translations: Any translations are provided for convenience only. In case of any conflict between the English version and any translation, the English version shall prevail;
• Communications: All official communications between the parties shall be in English;
• Consumer Rights: For consumers in the EEA, mandatory local language requirements under consumer protection laws shall apply where applicable.

15.13 Interpretation

Rules of interpretation for this Agreement:

• Headings: Section headings are for convenience only and shall not affect interpretation;
• Gender and Number: Words in the singular include the plural and vice versa; words in one gender include all genders;
• "Including": The words "include," "includes," and "including" mean "including without limitation";
• "Or": The word "or" is not exclusive;
• References: References to "days" mean calendar days unless otherwise specified;
• No Adverse Interpretation: This Agreement shall not be construed against either party on the basis that the party drafted or caused the Agreement to be drafted.

15.14 Force Majeure

Notwithstanding any other provision of this Agreement:

• Excuse: Neither party shall be liable for failure or delay in performance due to Force Majeure Events (as defined in Section 1.5);
• Notice: The affected party shall notify the other party promptly of the Force Majeure Event and its expected duration;
• Mitigation: The affected party shall make reasonable efforts to mitigate the effects of the Force Majeure Event;
• Continued Obligations: Your payment obligations are not excused by Force Majeure Events affecting you;
• Termination Right: If a Force Majeure Event continues for more than thirty (30) consecutive days, either party may terminate the affected Services without liability (see Section 7.9).

15.15 Cooperation with Law Enforcement

Regarding cooperation with authorities:

• Legal Requirements: We may be required to cooperate with law enforcement, regulatory authorities, or courts, including disclosure of Account Data in response to valid legal process;
• User Notification: Where legally permitted, we will make reasonable efforts to notify you before disclosing your information in response to legal process;
• No Liability: We shall not be liable for actions taken in good faith to comply with legal requirements;
• Data Preservation: We may preserve Account Data in response to legal preservation requests pending valid legal process.

15.16 Survival

The following provisions shall survive termination or expiration of this Agreement:

• Section 1 (Definitions) - to the extent necessary for interpretation;
• Section 6 (Fees & Payment) - for amounts due;
• Section 8 (Privacy & Data) - for data retention obligations;
• Section 9 (Intellectual Property);
• Section 11 (Disclaimers);
• Section 12 (Limitation of Liability);
• Section 13 (Indemnification);
• Section 14 (Governing Law & Disputes);
• Section 15 (General Provisions);
• Any other provisions that by their nature should survive termination.

16. Technical Support

16.1 Support Tiers

Technical support availability varies by subscription tier:

• Personal:
  • Email support via [email protected]
  • Access to self-service knowledge base and documentation
  • Community forum access
  • Response within 72 business hours (best effort)
• Team:
  • Priority email support with faster response times
  • Ticket-based support system
  • Response within 24 business hours for standard issues
  • Response within 8 business hours for critical issues
  • Access to premium knowledge base content
• Enterprise:
  • Dedicated account manager
  • 24/7 support for critical issues
  • Phone support during business hours
  • Response within 4 hours for critical issues
  • Response within 8 business hours for standard issues
  • Scheduled support calls and technical consultations
  • Custom onboarding and training

16.2 Issue Classification

Support issues are classified by severity:

• Critical (P1): Complete service outage or security incident affecting production systems. Requires immediate attention.
• High (P2): Major functionality impaired but service partially available. Significant business impact.
• Medium (P3): Feature malfunction or performance degradation. Workaround available.
• Low (P4): General questions, feature requests, or minor issues with minimal impact.

16.3 Support Channels

You can reach our support team through the following channels:

• Email: [email protected]
• Support Portal: Submit and track tickets at support.valtrogen.com
• Documentation: Self-service documentation at docs.valtrogen.com
• Status Page: Service status and incidents at status.valtrogen.com
• Phone Support: Available for Enterprise customers during business hours (CET timezone)

16.4 Support Scope

Our technical support covers:

• Included:
  • Service configuration and setup assistance
  • Troubleshooting connectivity and performance issues
  • Account and billing inquiries
  • Client Software installation and configuration
  • API integration guidance
  • Security and compliance questions
• Not Included:
  • Custom software development
  • Third-party application support
  • Network infrastructure design
  • Legal, financial, or business advice
  • Training beyond standard documentation (unless separately purchased)
  • Issues caused by your modifications to the Client Software

16.5 Support Hours

Standard support hours and response times:

• Business Hours: Monday through Friday, 09:00 - 18:00 CET (Central European Time), excluding Estonian public holidays.
• 24/7 Support: Available for Enterprise customers for Critical (P1) issues only.
• Response Time: Response times are measured from the time of ticket receipt during business hours. Tickets received outside business hours are processed on the next business day.

16.6 User Responsibilities

To facilitate effective support:

• Provide accurate and detailed descriptions of issues, including error messages and steps to reproduce;
• Include relevant system information (operating system, Client Software version, etc.);
• Respond promptly to requests for additional information;
• Attempt basic troubleshooting steps before contacting support (checking documentation, restarting the application, etc.);
• Maintain accurate account contact information for support communications.

16.7 Professional Services

Additional professional services are available for Enterprise customers:

• Custom Integration: Development of custom integrations with your existing systems
• Dedicated Training: On-site or virtual training sessions for your team
• Architecture Review: Security and network architecture consulting
• Premium Support: Enhanced support packages with guaranteed response times

Professional services are subject to separate agreements and fees. Contact [email protected] for more information.

17. Security

17.1 Security Commitment

Security is fundamental to our Services. We are committed to protecting the confidentiality, integrity, and availability of your data and our infrastructure. This section outlines our security practices and your security-related responsibilities.

17.2 Infrastructure Security

We implement comprehensive security measures across our infrastructure:

• Data Center Security: Our infrastructure is hosted in certified data centers with physical security controls, including 24/7 surveillance, biometric access controls, and environmental protections.
• Network Security: Multi-layered network security including firewalls, intrusion detection/prevention systems (IDS/IPS), and DDoS mitigation.
• Encryption: Industry-standard encryption for data in transit (TLS 1.3, AES-256) and at rest where applicable.
• Access Controls: Strict access controls with role-based permissions, multi-factor authentication for administrative access, and regular access reviews.
• Monitoring: Continuous security monitoring, logging, and alerting for potential threats.
• Redundancy: Redundant systems and geographic distribution to ensure availability and resilience.

17.3 Application Security

Our Client Software and web applications are developed with security in mind:

• Secure Development: Security is integrated into our software development lifecycle (SDLC), including code reviews, security testing, and vulnerability assessments.
• Regular Updates: We release regular updates to address security vulnerabilities and improve security posture. Users should always use the latest version of the Client Software.
• Code Signing: Client Software is digitally signed to ensure authenticity and integrity.
• Third-Party Components: We regularly assess and update third-party libraries and dependencies for known vulnerabilities.

17.4 Security Testing

We conduct regular security assessments:

• Penetration Testing: Third-party penetration tests are conducted at least annually on our infrastructure and applications.
• Vulnerability Scanning: Automated vulnerability scanning is performed continuously on our systems.
• Security Audits: Regular internal and external security audits of our policies, procedures, and controls.
• Compliance Assessments: Assessments against relevant security standards and frameworks.

17.5 Incident Response

We maintain a comprehensive incident response program:

• Incident Response Team: Dedicated team trained to respond to security incidents.
• Response Procedures: Documented procedures for detection, containment, eradication, recovery, and post-incident analysis.
• Communication: Timely communication with affected users in accordance with Section 8.9 (Data Breach Notification).
• Lessons Learned: Post-incident reviews to identify improvements and prevent recurrence.

17.6 Vulnerability Disclosure

We welcome responsible disclosure of security vulnerabilities:

• Reporting: Report vulnerabilities to [email protected]. Include detailed information to help us understand and reproduce the issue.
• Response: We will acknowledge receipt within 48 hours and keep you informed of our progress.
• Safe Harbor: We will not pursue legal action against security researchers who report vulnerabilities in good faith and do not exploit them maliciously or publicly disclose them before we have had reasonable time to address them.
• Recognition: We may recognize researchers who report valid vulnerabilities (with their permission).
• Prohibited: Do not access other users' data, disrupt services, or violate laws in your research.

17.7 Compliance and Certifications

Our security program aligns with industry standards:

• GDPR: Compliance with the General Data Protection Regulation for data protection and privacy.
• ISO 27001: Information security management principles (certification in progress).
• SOC 2: Service Organization Control reports may be available for Enterprise customers upon request and under NDA.
• Industry Standards: Alignment with NIST Cybersecurity Framework, CIS Controls, and other industry best practices.

17.8 Your Security Responsibilities

Security is a shared responsibility. You are responsible for:

• Credential Security: Protecting your account credentials and not sharing them with unauthorized individuals;
• Device Security: Maintaining the security of devices used to access the Services, including keeping operating systems and software updated;
• Network Security: Securing your local network environment;
• Access Management: For Team and Enterprise accounts, properly managing user access and permissions;
• Reporting: Promptly reporting any suspected security incidents or vulnerabilities;
• Best Practices: Following security best practices and recommendations provided in our Documentation.

17.9 Security Limitations

While we implement robust security measures, please understand that:

• No security system is 100% secure, and we cannot guarantee absolute protection against all threats;
• Security depends on factors outside our control, including your device security and the security of third-party services;
• We do not provide endpoint security, antivirus, or malware protection;
• Encryption protects data in transit but does not protect against all types of attacks (e.g., social engineering, endpoint compromise);
• You should implement appropriate security measures based on your specific risk profile and requirements.

18. Contact Information

For questions or concerns regarding these Terms, please contact us through the appropriate channel:

• General Support: [email protected]
• Sales Inquiries: [email protected]
• Billing Questions: [email protected]
• Legal Inquiries: [email protected]
• Privacy & Data Protection: [email protected]
• Security Issues: [email protected]
• Abuse Reports: [email protected]