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Fortect End User’s License Agreement

  1. Introduction

    1. End User License Agreement. This End User License Agreement (“Agreement” or “EULA”) covers the scope of your use of and access to the Software, Website and the Services (as such terms shall be defined below) including any related features provided by Fortect Ltd., a private company with registration number 51-657207-0, located at 71 Shlomo Ibn Gabirol St., Tel Aviv-Jaffa, Israel (“Fortect”, “Company”, “us” or “we”).
    2. Privacy. Any data collected and processed by us is governed by the Privacy Policy available at: fortect.com/privacy/ which we recommend you review prior to using the Website, Software and the Services.
    3. Subscription. All paid Services and Software are offered through recurring subscriptions that automatically renew at the end of each billing cycle unless cancelled prior to renewal. Please review the Subscription Plan section (bellow) for key information regarding your subscription agreement.

  2. Your Contractual Engagement with Fortect

    1. Legal Binding Agreement. These EULA’s Terms ("Terms") form a binding legal agreement between Fortect and you, an individual, a person, end user, including any party or entity you legally represent ("User" or "you").
    2. ACCEPTANCE. YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THESE TERMS OCCURS WHEN YOU: (I) DOWNLOAD THE SOFTWARE AND CLICK “I ACCEPT” OR SIMILAR WORDING DURING OR PRIOR TO INSTALLING THE SOFTWARE AND USING THE SERVICES THEREIN; (II) ACCESS AND USE THE SERVICES, SOFTWARE OR WEBSITE; (III) CREATE AN ACCOUNT TO USE THE SERVICES ("ACCOUNT"); OR (IV) OTHERWISE ELECTRONICALLY ACCEPT THESE TERMS THROUGH ANY AVAILABLE MEANS. YOU ACCEPT AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ACKNOWLEDGE AND ACCEPT THE PRIVACY POLICY. YOU FURTHER AGREE TO FULLY COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF THE SOFTWARE, WEBSITE AND THE SERVICES. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY PROVISION HEREIN, DO NOT INSTALL, ACCESS, OR OTHERWISE USE THE SOFTWARE, WEBSITE AND THE SERVICES THEREIN IN ANY MANNER WHATSOEVER. THE AGREEMENT WILL BECOME EFFECTIVE ON THE DATE YOU ACCEPT THE AGREEMENT BY INSTALL THE SOFTWARE OR ACCESS AND USE THE SERVICES, WEBSITE OR CREATE AN ACCOUNT ("EFFECTIVE DATE").
    3. Organization, Entity and Third Party. When using the Services, Software or access the Website for or on behalf of an organization, entity, or other third party, you represent and warrant that: (i) you have the full legal authority, power, and capacity to bind such organization or entity to these Terms; (ii) you are duly authorized by such organization or entity to enter into this Agreement on its behalf; (iii) such organization or entity will be legally bound by these Terms as if it were the direct party to this Agreement; and (iv) your acceptance of these Terms constitutes a valid and binding commitment by such organization or entity to comply with all obligations set forth herein.
    4. Amendments to the Services and Agreement. The Company is constantly working on enhancing the Software, Website and Services. As such, and since there may be changes to applicable laws, Company may update and revise the Terms of this Agreement. Company will use reasonable efforts to notify you of the changes through communications via an email or other available means. Once updated, the Agreement will become effective and you will be bound by it if you continue to engage with the Software, Website or Services. Notwithstanding the above, changes to this Agreement, will take effect immediately without prior notice, and reflected through the "Last Modified" header, where such changes are: (i) exclusively to your benefit, (ii) where they are of a purely administrative nature and have no negative effect on you; (iii) where they are directly imposed by law, or (iv) due to important security compliance or risk conditions.
    5. Legal Capacity to Engage the Agreement. You represent and warrant that you are at least eighteen (18) years of age or are duly authorized to act on behalf of a legally recognized entity, and that you possess the full legal capacity, authority, and power necessary to enter into this Agreement, bind yourself or such entity to all Terms and conditions herein, and perform all obligations set forth in these Terms. You further warrant that your execution of this Agreement has been properly authorized and will not violate any applicable laws or existing agreements to which you or such entity may be bound.
    6. Service Specific Terms. This Agreement includes terms and conditions that apply to specific Services which you may not currently use or may never use ("Service Specific Terms"). By accepting this Agreement, acknowledge and agree that you are bound by all Service Specific Terms contained in this Agreement, regardless of whether you presently use or will use such Services in the future.

  3. Software, Website and Services

    1. Software. As used in this Agreement the term "Software" means: (i) computer program accompanied by this Agreement and all components thereof, including the object code form of the Software supplied on a data carrier, via electronic mail or downloaded via the Internet; (ii) any related explanatory written materials and any other possible documentation related to the Software, above all any description of the Software, its specifications, any description of the Software properties or operation, any description of the operating environment in which the Software is used, instructions for use or installation of the Software or any description of how to use the Software ("Documentation"); (iii) patches, extensions, updates or upgrades to the Software ("Updates"), Updates are therefore installed automatically, unless the User has disabled the automatic installation of Updates; and (iv) it includes all versions and formats of the program, including but not limited to desktop applications, mobile applications, smartphone apps, tablet apps, and any other device-specific versions or implementations of the Software.
    2. Website. As used in this Agreement the Term “Website” means: the Company's official website located at https://www.fortect.com, including but not limited to all associated web pages, subdomains, subdirectories, mobile versions, content, features, functionality, user interfaces, pricing pages, subscription pages, payment pages, privacy policy pages, terms of service pages, support pages, documentation, help sections, forums, blogs, and any other web-based platforms, portals, or digital properties owned, operated, controlled, or maintained by the Company, as well as any successor, replacement, updated, or additional websites that may be established, acquired, or operated by the Company from time to time, whether accessible through the primary domain or any related or affiliated domains, subdomains, or web addresses.
    3. Service. As used in this Agreement, the term "Service" or "Services" means both free and paid services (including Subscription Plans as detailed in Section 4), and includes: (i) the Software, Malware and Antivirus detection, Web Protection, Privacy Protection, VPN services and System repair and optimization, and any additional features and services, as may be amended and added from time to time; (ii) any technical support; and (iii) all versions and formats of our offerings, including but not limited to desktop applications, mobile applications, smartphone apps, tablet apps, and any other device-specific versions or implementations.
      Please note that VPN services and Antivirus services are provided by the company and third parties. all other services may be provided by the company, third parties, or both, at the company's sole discretion.
    4. Technical Support. We shall provide technical support at our own discretion, without any guarantees or declarations. No technical support will be provided after the Software or any of its features reaches the “End of Life” date defined, Termination or Subscription Plan was completed and not renewed. The User shall be required to back up all existing data, software and program facilities prior to the provision of technical support. The Company does not take liability for damage or loss of data, property, software or hardware or loss of profits due to the provision of technical support. The Company reserve the right to decide that resolving the problem is beyond the scope of technical support or to refuse, suspend or terminate the provision of technical support at its own discretion. License information, Information and other data in compliance with Privacy Policy may be required for the purpose of technical support provision.

  4. Subscription Plan

    1. Subscription. All our paid Services are provided on a subscription basis with recurring billing. When purchasing Services, you select the subscription plan and payment method from the available options. Your subscription will automatically renew for successive periods unless cancelled in accordance with the Terms herein. By subscribing, you authorize recurring charges to your designated payment method for the applicable subscription fees. For detailed information regarding subscription plans, pricing, and billing terms, please refer to our Pricing Page, which is incorporated into this Agreement (“Subscription”).
    2. Term and Automatic Renewal. The initial term of this Agreement commences on the date specified in the invoice or applicable purchasing documentation accompanying the Software and continues for the period of time set forth in the invoice or applicable purchasing documentation (“Initial Term”). Following the Initial Term, your subscription shall automatically renew for additional periods equal to the Initial Term, and on such terms as available on Company's Website at the time of the renewal, unless you provide us with at least thirty (30) days' prior written notice (email shall be sufficient) before the end of any relevant renewal period.

  5. Installation, User Account and License Terms

    1. Installation. The Software may be supplied through various distribution methods including: data carrier, electronic mail, download from the Internet, download from Company's website available at: www.fortect.com, landing pages, download from application stores (including but not limited to Google Play Store for Android devices, Apple App Store for iOS devices, and Mac App Store for macOS devices), through resellers or affiliates, as applicable and determined by the Company. You must install the Software on a properly configured device, including but not limited to computers, smartphones, tablets, laptops, desktop computers, mobile devices, and any other compatible electronic devices, provided such device complies with the minimum requirements set out in the Documentation. No programs, applications, or hardware that could adversely affect the Software's performance or functionality may be installed on the device on which you install the Software.
    2. License Key. The “License Key” means the unique sequence of symbols, letters, numbers or special signs provided to the User in order to allow the legal use of the paid-service provided by Software. Each License Key is applicable to a User, meaning a hardware computer. You may purchase multi-device or unlimited plans which enable you to use the Software on various computers.
    3. Apple Requirements. For purposes of clarity and compliance with Apple, Inc. ("Apple") terms and conditions, with respect to any Software downloaded, purchased, or otherwise obtained from any Apple App Store, Mac App Store, or other Apple distribution platform, the License granted herein is expressly limited to use on Apple-branded devices that you own, control, or are authorized to use, and must comply with all applicable Usage Rules and terms set forth in Apple's Media Services Terms and Conditions, this Agreement, and other applicable Apple policies, as may be amended from time to time. The Software may be accessed and used by other user accounts associated with your Apple ID through Apple's Family Sharing, volume purchasing programs, or other authorized sharing mechanisms permitted by Apple. You acknowledge that Apple is not a party to this Agreement and has no obligation or liability with respect to the Software or your use thereof.
    4. User Account. Use of the Company's products and services may require you to establish a user account ("Account" or “User Account”). For the avoidance of doubt, you agree to create a user account even if not currently required for your present purchase or use. To access and use any of our Services that require an Account, you must set up such Account by providing certain required information including, but not limited to, your email address, password, billing information, and country of residence, or alternatively, at the Company's sole discretion, the Company may create such Account using your purchase details and information and subsequently require you to complete or verify the information prior to account activation. All information you provide must be complete, accurate, truthful, and kept current at all times. You are solely responsible for maintaining the accuracy of your Account information and promptly updating any changes. All Company Accounts are non-transferable and non-assignable. Account information and user interface may be accessible through the Company's website in a designated area and/or through a dedicated section within the Software itself. You acknowledge and agree that you are solely and exclusively responsible for all usage, activities, and actions that occur under your Account or through use of your password, including any use by third parties whether authorized or unauthorized by you. You bear full responsibility for maintaining the strict confidentiality of your Account credentials and password, and for controlling and restricting access to your Account by any other party. To safeguard your Account security, you must keep your password confidential and shall not reuse your Account password for other services or platforms. You agree to immediately notify the Company in writing of any suspected or actual unauthorized use of your Account, password, or any other breach of security related to your Account.
    5. Grant of License. Subject to this Agreement, you are hereby granted with a limited, non-exclusive, non-transferable, non-sub-licensable and revocable license, to download the Software and use the Services ("License"). You hereby acknowledge that the License is granted to you subject to compliance with the provisions herein and solely for your non-commercial, personal use. Furthermore, unless you purchase a multi-device or unlimited License, you hereby acknowledge that the License may be used solely by one User, meaning on one hardware computer, and you may not grant access to the License Key or any part of the Software, to any person who did not purchase the License for using the Software on additional computers. Software shall be used exclusively in private or non-commercial environments for home and family use only. The License shall terminate automatically at the end of the period for which granted.
    6. Transference. The Software can be transferred from one computer to another, unless contrary to the Terms of the Agreement. If not contrary to the Terms of the Agreement, the User shall only be entitled to permanently transfer the License and all rights ensuing from this Agreement to another User subject to Company's consent, and in accordance with the following terms: (i) the original User does not retain any copies of the Software; (ii) the transfer of rights must be direct, i.e. from the original User to the new User; (iii) the new User must assume all the rights and obligations incumbent on the original User under the Terms of this Agreement; and (iv) the original User has to provide the new User with documentation enabling verification of the genuineness of the Software as specified under Sections 5.1-5.2.
    7. Property Rights. Any other rights which are not specifically granted herein by the Company, are retained by the Company and the Company and its licensors are the sole owner of the Software, Website and the Services. Additionally, any and all intellectual property rights, title and interest of any kind in and to the Software, Website and the Services, including, without limitations, tradenames, trademarks, logos and any and all modifications, upgrades, derivative works, know-how, technology methods, ideas and inventions, rights in software and computer code (whether in source code, object code or any other form) and all applications and registrations (excluding Users' information included in such applications or registration forms), are and shall remain the exclusive property of the Company and its licensors.

  6. Payments, Fees and Taxes

    1. Free Trial and Initial Services. We may offer free trial periods for paid Services ("Free Trial") and provide initial services at no charge. Free Trial terms are specified during registration, eligibility is determined at our sole discretion, and we may modify or withdraw trials at any time without notice. If you provide payment information when registering, you authorize automatic charging when the Free Trial expires, and the Subscription will auto-renew until cancelled. To access full functionality beyond Free Trial, you must purchase a subscription. To avoid charges, cancel before the Free Trial expires (for third-party trials, cancel through that third party). Each user is limited to one free trial per Service, and multiple trials cannot be combined.
    2. Price. All payments and other amounts payable by the User under this Agreement are exclusive of all taxes, including without limitation, sales, use, value-added, withholding or other taxes, customs, levies, or duties imposed by taxing authorities on transactions, and the User shall be responsible for payment of all such taxes, levies, or duties, excluding only taxes based solely on Company’s net income.
    3. Payments. You agree to pay for all purchased Services, including applicable taxes and additional fees, in accordance with the Terms in this Agreement. We may suspend or cancel the Services for non-payment, resulting in loss of access to the Services and Software. By purchasing a Subscription, you acknowledge and agree to automatic renewal until cancellation, authorize Fortect to charge your payment method at designated intervals. In addition, Fortect reserves the right to retry failed payments and change payment processors as needed. See our Subscription Plan and Subscription Cancellation and Refunds clauses for additional details and cancellation procedures.
    4. Billing. To purchase Services, you must provide a current, valid payment method. By providing payment information, you represent that you are authorized to use the payment method, warrant that all information is true and accurate, and authorize Fortect to charge your payment method for all purchased Services. Furthermore, unless otherwise set forth, you will pay all fees subject to the applicable plan in accordance with the following: (i) the Services fees are invoiced annually in advance; and (ii) all amounts will be denominated and payable in the currency specified in the Pricing Page. Please contact us with any payment-related questions.
    5. Payment Verification and Security. Fortect reserves the right to verify, authenticate, and validate all payment methods and transactions prior to completing purchases, including conducting security checks, requesting additional documentation, and employing fraud prevention measures to protect against unauthorized or fraudulent activities. Such verification may be conducted by Fortect or authorized third parties, and by using our Services, you consent to these verification procedures.
    6. Pricing and Payment Changes. Fortect may change Services’ prices, including Subscription renewal prices, at its sole discretion to reflect cost changes including licensing, technical provision, distribution, administration, overhead, and applicable taxes or fees. Price changes take effect only upon Subscription renewal, not during your current period. We will notify you before charging any new amount. If you disagree with a price change, you may cancel before the next charge; continued use constitutes acceptance of the new price. You must promptly update any changed payment details to ensure uninterrupted service. Updated payment information becomes your preferred method for future payments. Fortect may automatically update your payment details using information received from card issuers or networks.
    7. Payment Processing. Purchases may be processed by authorized third-party payment companies including: (i) Bright Market, LLC known as FastSpring; and (ii) Paddle.com Market Limited. For information on how these payment processors handle your personal data, please refer to our Privacy Policy.

  7. Subscription Cancellation and Refunds

    1. Subscription Cancellation. You may cancel your Subscription at any time to prevent future auto-renewals. However, cancellations do not refund the current Service period. Cancellation and refund options may vary depending on whether you purchased Services directly from Fortect or through a third party (such as app stores).
    2. Refund. We stand behind our software, and your satisfaction is important to us. If you are not happy with our Services and Software, we offer a Money-Back-Guarantee (full refund) within 60 days of your purchase, for initial purchases only. Renewed Subscriptions are not eligible unless required by applicable law. We may deny refunds for violations of Section 9 "User Representations and Warranties" where permitted by law. We encourage contacting us to resolve issues before requesting refunds. You can request the refund by simply sending us an email at [email protected].
    3. Refund Eligibility. You are eligible for refunds under the Money-Back-Guarantee per Section 7.2. Repurchasing a Service after receiving a refund disqualifies you from future Money-Back-Guarantees for that Service. Cancellations after the Money-Back-Guarantee period expires result in charges for the full Subscription duration without renewal. Our refund process is automated for efficiency. If you believe our automated system made an incorrect decision and you're legally entitled to a refund, contact [email protected] for review.
    4. Third Party and Direct Subscriptions. Subscriptions purchased through third-party platforms (including Apple App Store, Google Play, etc.) are subject to the respective platform's terms of service, refund policies, and cancellation procedures. Fortect cannot process refunds or cancellations for third-party purchases - you must contact the applicable platform directly. Subscriptions purchased directly from Fortect may be cancelled through Fortect support to stop auto-renewal, however, no refunds will be issued for unused portions of the current billing period.

  8. VPN Service Policy

    1. The VPN Service. Fortect VPN Service provides a transitory digital network communications service that creates encrypted tunnels for data transmission, providing secure routing of internet traffic through intermediary servers to enhance user privacy, anonymity, and network security ("Fortect VPN Service").
    2. General. You, as a User of the Fortect VPN Service, are responsible for reviewing, understanding, and complying with all terms in this section policy. You are solely responsible for any violation or breach of this section, whether by negligence, willful misconduct, good faith violation, unintentional breach or any other cause, including actions by your employees, agents, or third parties. You agree to indemnify and hold harmless Fortect from all claims, damages, losses, and expenses arising from your use or misuse of Fortect VPN Services. Fortect bears no responsibility or liability for any of your actions, violations, or consequences arising from this section or your use of services, regardless of the legal theory.
    3. General Prohibitions. The actions described below are defined by Fortect as “network abuse” and are strictly prohibited under this section policy. The examples named below are not exhaustive. Fortect reserves the right to determine that any conduct that is or could be harmful to Fortect’s VPN Service, customers or users is in violation of this section policy and to exercise any or all of the remedies contained in this Agreement. If you are unsure of whether a contemplated use or action is permitted, it is your responsibility to determine whether the use is permitted by contacting Fortect via email at [email protected]. In general, you may not use Fortect VPN Service in any manner that:
      1. violates our Terms and Agreement;
      2. violates any applicable law, regulation, treaty, or tariff, including, but not limited to, data privacy laws;
      3. violates the acceptable use policies of any networks, machines, or services that are accessed through Fortect’s network, or its third parties’ network;
      4. infringes on the intellectual property rights of Fortect, its third parties, or others;
      5. violates the privacy of others;
      6. violates any specific instructions given by Fortect reasons of health, safety or quality of any other Services provided by Fortect or by reason of the need for technical compatibility of equipment attached to the Fortect or its third parties’ network;
      7. materially affects the quality of any Services provided by Fortect; and
      8. otherwise violates this VPN Service Policy.
    4. Specific Prohibitions. Other expressly prohibited activities include but are not limited to, the following:
      1. unauthorized use (or attempted unauthorized use) or sabotage of any computers, machines or networks;
      2. attempting to interfere with or denying service to any user or host (e.g. denial of service attacks and/or DNS spoofing attacks);
      3. falsifying user identification information;
      4. introducing malicious programs into Fortect's, and its third parties, network or servers (e.g. viruses, worms, Trojan horses, etc.);
      5. scanning the networks of others for vulnerabilities without authorization;
      6. executing any form of network monitoring (e.g. using a packet sniffer) or otherwise engaging in any monitoring or interception of data not intended for User without authorization;
      7. attempting to circumvent User authentication or security of any host, network, or account (“cracking”) without authorization;
      8. using any program/script/command, or sending messages of any kind, designed to interfere with a third party user terminal session, via any means, locally or via the Internet;
      9. “phishing”, that is, simulating communications from and/or the website or other service of another entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity's service;
      10. “pharming”, that is, using malware, DNS cache poisoning or other means to redirect a user to a website or other service that simulates a service offered by a legitimate entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity's service;
      11. transmitting or receiving, uploading, using or reusing material which is in breach of copyright, privacy or similar third party rights;
      12. furnishing false or incorrect data on the signup form;
      13. using the services in excess of any specified bandwidth limitation for User's User Account;
      14. advertising, transmitting or otherwise making available any software, program, product or service that is designed to violation this section and the Terms of this Agreement;
      15. attempting to circumvent or alter the process or procedures to measure time, bandwidth utilization, or other methods to document “use” of the Services;
      16. falsifying header information or user identification information;
      17. attempted or successful security breaches or disruption of internet communication including, but not limited to, accessing data of which User is not an intended recipient or logging into a server or account that a User is not expressly authorized to access;
      18. hijacking of IP space;
      19. sending unsolicited (“opt-out”) bulk email;
      20. collecting responses from mass unsolicited email messages;
      21. deliberately sending excessively large attachments to one email recipient;
      22. transmitting unsolicited commercial email messages;
      23. maintaining an open mail relay and/or an open proxy; 
      24. collecting email addresses from the Internet for the purpose of sending unsolicited bulk email or to provide collected addresses to others for that purpose;
      25. accessing Fortect VPN Service through more than twenty (20) IP addresses in a single day; and
      26. consuming more than one (1) terabyte (TB) of data in any single month while using Fortect VPN Service.
    5. Digital Millennium Copyright Act. Fortect acts in accordance with the Digital Millennium Copyright Act ("DMCA") and responds expeditiously to claims of intellectual property infringement. Fortect, or third parties acting on behalf of Fortect, will promptly process and investigate notices of alleged infringement and take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of compliant DMCA notices, when it’s under its control, Fortect, or third parties on behalf of Fortect, will expeditiously remove or disable access to allegedly infringing material and terminate access for repeat infringers.

      If you believe copyrighted work has been infringed on our site, notify our registered copyright agent with the required information, described as follows:
      1. electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
      2. a detailed description of the copyrighted work that you claim has been infringed with a link to the relevant URL or example of the work;
      3. a detailed description of where the material that you claim is infringing is located on the site. This description must contain a URL for each instance of alleged infringement;
      4. your address, telephone number, and e-mail address;
      5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
      6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

      Notices should be directed to [email protected]. Fortect will attempt to contact Users who posted allegedly infringing material to provide opportunity to respond. Counter notifications will be furnished to the complaining party, who will have ten (10) days to seek judicial relief before content may be restored, as required by the DMCA. This section is not exhaustive, and Fortect will act in accordance with applicable law and will inform the User of additional information as may be required for the implementation of the procedure
    6. Cooperation with Law Enforcement. Fortect, or parties acting on its behalf, will cooperate with law enforcement agencies investigating illegal or inappropriate activity and may disclose User information as authorized or required by law. In cases involving child pornography, Fortect complies with applicable laws, provides required notices to designated agencies including the National Center for the Missing and Exploited Children and the Internet Watch Foundation, and removes content as requested by such agencies.
    7. Impending Security Event Notification. User is responsible for notifying Fortect immediately if User becomes aware of an impending event that may negatively affect the Fortect VPN Service or its users. This includes, without limitation, extortion threats involving threat of "denial of service" attacks, unauthorized access, or other security events.
    8. Email. In connection with any email transmitted or received via the Fortect VPN Service the following actions are prohibited:
      1. using email to engage in harassment, whether through language, frequency, or size of messages. Continuing to send someone email after being asked to stop is considered harassment;
      2. using email to (e.g., mail bombing, “flashing,” etc.);
      3. originating email with falsified header information;
      4. originating email with falsified or obscured information (e.g., encoded or “obfuscated URLs”) designed to hinder identification of the location of what is advertised;
      5. originating chain letters, pyramid schemes, and hoaxes;
      6. using another party's email server to relay email without express permission from such other party;
      7. using Fortect or User Account to collect replies to messages sent from another provider that violate these rules or those of the other provider; and
      8. using Fortect VPN Service in connection with or in support of the running of a mail server without a license to run such a server in any jurisdiction where such license is required.
    9. Bulk Mail. Users sending bulk email using Fortect VPN Service may only use "closed-loop opt-in" lists with verified subscriptions and must provide evidence of subscription upon complaint. Sending unsolicited ("opt-out") bulk email is prohibited and grounds for service termination. Users may not advertise, distribute, or use software for "opt-out" email or harvest email addresses. Users who provide or make use of referral ID services will be considered responsible for unsolicited bulk email sent by referral service members that reference Fortect-hosted services. Users engaging in unsolicited bulk email practices will be charged actual labor costs for complaint responses, with a minimum charge of $200. Users listed on recognized spam abuse lists (including but not limited to Spamhaus, SURBL, or similar industry-standard databases) are deemed in violation of this section. Fortect, or parties acting on its behalf, reserves the right to enforce these provisions and take appropriate remedial action.
    10. Privacy. Due to the inherent openness and security vulnerabilities of the Internet, Users should not expect privacy in content or data transmitted through Fortect's services, as such information may be susceptible to interception and alteration. Fortect, or parties acting on its behalf, will not monitor, log, or track individual User activity in ways that identify specific Users, and will not sell or commercially share User data to third parties without prior written consent, except as necessary to provide services.
    11. Violations. Fortect, or parties acting on its behalf, has absolute discretion in determining whether User activities violate this section policy and reserves the right to pursue any warranted remedies, including but not limited to suspension or termination of services and other legal or equitable remedies, which may be taken without notice to User.

  9. User Representations and Warranties

    1. You hereby represent and warrant that any download, installation, use or access you make in connection to our Software, Website and Services is at your sole risk and responsibility. Moreover, you represent and warrant that any use you make of our Software, Website and Services for anything unlawful or illegal, violating a third party’s rights, including privacy and property rights, harassing others, harming, or attempting to harm, others (“Prohibited Uses”), we may suspend your account where we deem it necessary to prevent or terminate any suspected Prohibited Use or violation of law. Such suspension shall not toll or pause your license term from elapsing or entitle you to any refunds.
    2. The use of the Software and the Services shall be made solely in accordance with this Agreement, as may be amended from time to time and solely for the purposes stipulated therein.
      By using our Software and Services, you represent and warrant that you will not:
      1. modify, edit, change, alter nor bypass any feature of the Software and Services;
      2. circumvent, interfere or disable the security features of the Software and Services or degrade its performance in any way;
      3. use any malicious codes or automated means, including scraping, crawling, or any robot, spider etc., when accessing the Software;
      4. copy, sell, lease, sublicense, share or distribute the Software and Services including the License granted herein, or otherwise commercially exploit the Software and Services;
      5. assert any proprietary rights in or to the Software and Services, or any feature or content therein;
      6. engage in or facilitate any unlawful, fraudulent, or criminal activities, including but not limited to spam distribution, financial fraud, identity theft, phishing, DDoS attacks, or any activities that may impair service provision to other users; 
      7. use the Services for military purposes, including weapons development or cyber warfare; 
      8. gain unauthorized access to, interfere with, or circumvent security measures of any networks, computers, systems, or technological protection measures through hacking or similar methods;
      9. exploit minors in any manner; 
      10. infringe upon intellectual property rights, privacy rights, or other legal rights of third parties; 
      11. transmit, store, or share illegal, abusive, harassing, or otherwise objectionable content; 
      12. impose unreasonable loads on our infrastructure; 
      13. falsely represent yourself as an agent or representative of the Services; 
      14. engage in threatening, stalking, harassing behavior, or promote discrimination; 
      15. engage in abusive or threatening behavior toward customer support or employees; 
      16. access the Services if previously prohibited or after account suspension or termination.
    3. PLEASE NOTE THAT ANY USE OF THE SOFTWARE IN BREACH OF THIS AGREEMENT MAY RESULT, AT COMPANY'S SOLE DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS AND USE OF THE SOFTWARE, AS WELL AS RESULT IN CIVIL AND CRIMINAL LIABILITY, SUBJECT TO APPLICABLE LAWS.

  10. Disclaimer

    1. While Fortect makes reasonable efforts to maintain service accuracy and integrity, complex software is not completely free from defects, errors, and bugs. Fortect provides no warranty that the Services will be free from defects, errors, bugs, downtime, data loss, corruption, delays, mistakes, outdated information, or other issues.
    2. Fortect reserves the right to modify, suspend, or terminate Services or any functionality at any time without liability, to the extent permitted by law. Services may be temporarily unavailable due to human, digital, mechanical, software, or other failures beyond Fortect's prediction or control. We cannot predict or control outages or their duration.
    3. YOU ACKNOWLEDGE THAT THE SOFTWARE, WEBSITE AND THE SERVICES ARE PROVIDED BY US "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, OR WARRANTIES REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SOFTWARE, WEBSITE AND THE SERVICES ARE OR WILL BE ERROR-FREE. THE COMPANY WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS. WE MAKE NO REPRESENTATION OR WARRANTIES THAT THE SOFTWARE, WEBSITE AND THE SERVICES ARE OR WILL BE AVAILABLE FOR USE IN ANY SPECIFIC LOCATION OR TIME. YOUR USE OF THE SOFTWARE, WEBSITE AND THE SERVICES ARE AT YOUR OWN RISK AND RESPONSIBILITY. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT.

  11. Limitation of Liability

    1. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWS, THE COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL NOT BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATIONS, LOSS OF PROFITS OR DATA, OR DAMAGES TO EQUIPMENT, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, WEBSITE AND THE SERVICES EVEN IF THE COMPANY OR ANYONE ON ITS BEHALF, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT CONTRADICTING THE FOREGOING, IN NO EVENT SHALL THE COMPANY’S LIABILITY FOR ALL EXCEED THE ACTUAL PRICE PAID BY YOU FOR YOUR USE OF THE SOFTWARE, WEBSITE AND SERVICES DURING THE 12-MONTHS FOLLOWING SUCH CLAIM AND SHALL NOT INCLUDE ATTORNEY FEES OR COURT COSTS IRRESPECTIVE OF ANY LAWS OR STATUTES THAT MAY PRESCRIBE OTHERWISE. YOU ACKNOWLEDGE THAT THE AMOUNT OF FEES PAYABLE BY YOU TO FORTECT HEREUNDER REFLECT THE ALLOCATION OF RISK SET FORTH IN THE TERMS AND THAT FORTECT WOULD NOT HAVE ENTERED INTO THE AGREEMENT WITH YOU WITHOUT THE LIMITATIONS ON ITS LIABILITY CONTAINED IN THIS SECTION.

  12. Indemnification

    1. You agree to defend, indemnify and hold harmless the Company and its directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Software, Website and the Services; (ii) any breach of the Terms of the Agreement by you; (iii) your infringement of any third party rights, including, among others, any copyright, intellectual property right or privacy right; (iv) any claim that one of your act or omission caused damage to a third party; (v) your breach of any law, rule or regulation as applicable to you in connection with the Software, Website and the Services; (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code; or (vii) your negligence or willful misconduct.

  13. Term and Termination

    1. Suspension and Termination By Fortect. Fortect reserves the right to suspend or terminate your Account and Services, immediately and without prior notice, under any of the following circumstances: (i) failure to pay any fees due for auto-renewed Subscriptions; (ii) any breach of Section 9 (User Representations and Warranties) or any other Terms of this Agreement; (iii) violation of any applicable laws or regulations; (iv) as required by law, court order, or directive from a competent regulatory authority; or (v) at our sole discretion, for any reason, with or without cause. Upon suspension or termination, your right to use the Services will cease immediately. We shall not be liable to you or any third party for any suspension or termination of your Account or Services. Where circumstances permit, we may provide you with reasonable opportunity to remedy any breach before suspending or terminating your Account and Services. If your Account or Services are suspended, you may contact us to determine reinstatement eligibility. All suspension and termination decisions are final and made at our absolute discretion.
    2. Suspension and Termination Scope. Any suspension or termination of your Account and Services applies to you personally and permanently. You are prohibited from: (i) accessing our Services through any other Account you own or control; (ii) creating new Accounts or purchase Services to circumvent suspension or termination; or (iii) accessing our Services through Accounts owned, controlled, or created by third parties. Violation of these restrictions may result in additional legal action and permanent exclusion from our Services.
    3. Termination By You. You may cancel or delete your Account and Services and to uninstall the Software, both free and paid, at any time through the following methods:
      1. Software Uninstallation. You may uninstall the Software by following the instructions provided here.
      2. Subscription Cancellation. You may cancel your subscription in accordance with the cancellation process outlined in Section 7 (Subscription Cancellation and Refunds);
      3. Account Deletion. If you own a User Account, you may delete it by sending a request to our support team via [email protected];

      For complete termination of all Services, you must complete all applicable steps above. Partial cancellation (e.g., subscription only) does not automatically delete your User Account or uninstall software.
    4. Effects on Suspension or Termination. Upon any suspension or termination of this Agreement, your access to the Services shall be immediately revoked, and you shall discontinue all use of the Software. In addition, upon the expiration of your Subscription or termination of this Agreement for any reason, the license granted to you under Section 5.5, along with any other licenses granted hereunder, shall automatically and immediately terminate without the need for further notice. Notwithstanding the above, the Company and its licensors may cease the operation of the Software, Website and Services at any time. The Company shall not be liable to you or any third party for any of the foregoing.
    5. Survival of Termination. The provisions of Sections 9-16 of this Agreement shall survive any termination or expiration for any reason. Any other provisions of these Terms that, by their express language or by their nature, are intended to survive such termination or expiration shall remain in full force and effect.

  14. Privacy And Personal Information

    1. Your privacy is important to us, and we take measures to protect it. In order to ensure the proper functioning of our Software, Website and Services, there may be instances where you will be requested to provide certain personal information or enable its transmission.
    2. By using the Software, Website or Services, you explicitly consent to the collection, transmission, storage, and processing of such personal information as outlined in our Privacy Policy. We encourage you to review our Privacy Policy to understand how your personal information is handled and safeguarded.

  15. Class Action Waiver

    1. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND FORTECT AGREE THAT ANY CLAIMS OR DISPUTES SHALL BE BROUGHT SOLELY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND FORTECT EXPRESSLY AGREE OTHERWISE, NO ARBITRATOR OR COURT SHALL HAVE THE AUTHORITY TO CONSOLIDATE CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING OF ANY KIND.

  16. Application Platform Terms and Conditions

    1. Apple App Store. Users who have downloaded our Software from the Apple App Store or who access our Services on Apple devices hereby acknowledge that they have reviewed, understood, and consent to the following Apple-related terms:
      1. Agreement Parties. This Agreement is executed solely between you and Fortect, and Apple is not a party to this Agreement and bears no responsibility for the Services or any content provided thereunder;
      2. Support Services. In the event that you require technical support or assistance regarding the Services, you must contact us directly. Apple has no obligation to provide maintenance, support, or any other services related to the Services;
      3. Warranty Refund. Should the Services fail to conform to any applicable warranty standards, you may provide notice to Apple, whereupon Apple may refund the purchase price paid for the Services. Subject to applicable law, Apple's warranty obligations shall be limited exclusively to such refund;
      4. Claims Limitation and Disclaimer. Apple shall not be responsible for addressing, investigating, or resolving any claims brought by you or any third party relating to the Services or your possession and/or use of the Services, including without limitation: (i) product liability claims of any nature; (ii) any claim alleging that the Services fail to conform to applicable legal or regulatory requirements; and (iii) claims arising under consumer protection statutes or similar legislation;
      5. Intellectual Property. Apple bears no responsibility for investigating, defending, settling, or resolving any third-party claims alleging that the Services or your use thereof infringe upon any intellectual property rights of such third parties;
      6. User Representations and Warranties. You hereby represent and warrant that: (i) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties;
      7. Third-Party Terms Compliance. You acknowledge and agree to comply with all applicable third-party terms of service, licenses, and agreements when accessing or using the Services; and
      8. Third-Party Beneficiary Rights. Apple and its subsidiaries are express third-party beneficiaries of this Agreement. Upon your acceptance of these Terms, Apple shall have the right to enforce the provisions of this Agreement against you as a third-party beneficiary.
    2. Google Play Store and Others. In the event that the Software is obtained through the Google Play Store or any other digital store, platform, or marketplace, you hereby acknowledge and represent that you have read, understood, and agreed to be bound by the respective terms of service and all applicable policies of such distribution platform. Fortect shall remain the sole licensor of the Software and exclusive provider of the Services, and any third-party platform operator shall not be deemed a party to this Agreement nor have any obligations or liabilities arising hereunder.

  17. General Terms

    1. Governing Law. this Agreement shall be governed by the laws of the State of Israel without giving effect to any principles of conflicts of law. Any claim, controversy, or dispute arising under, related to, or otherwise in connection with this Agreement, the Software, Website and Services, will be exclusively resolved in the competent courts located in Israel. No actions may be brought against the Company arising from or in connection with the Agreement later than one (1) year following the effective date of the expiration or termination for any reason of the Agreement.
    2. Force majeure. the Company shall not be deemed in breach of this Agreement if the Company is unable to provide the Software, Services or any portion thereof by reason of earthquake, labor dispute, shortages, riots, insurrection, fires, flood, storm, explosions, internet outages, third-party software failures, including both open-source and proprietary, global pandemic or any act of god or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control.
    3. Entire Agreement. this Agreement and any amendments shall constitute the entire understanding between the parties with respect to the Installation Product and Services. If any part of this Agreement is later decided to be unenforceable or void, it will not affect the validity of the remaining provision of this Agreement, which shall remain valid and enforceable.
    4. Assignment. you may not assign or transfer this Agreement, the License, or any right or obligation herein. The Company expressly reserves the right, at its sole discretion, to assign this Agreement and to delegate any of its obligations detailed herein.
    5. Waiver. Company's failure to act with respect to a breach by you or others does not waive the Company’s right to act with respect to subsequent or similar breaches.
    6. Severability. If any provision of these Terms is held to be invalid or unenforceable by a competent authority, that provision shall be modified or removed to the minimum extent required to make it valid and enforceable, and the remainder of the Terms shall remain in full force and effect.
    7. Internet Connection. Some Services require a stable and active internet connection to operate properly. You are solely responsible for maintaining such a connection at all times.
    8. Third-Party Charges. You are solely responsible for any charges incurred through your use of the Services, Software or Website, including data or messaging fees. Please consult your service provider if you are unsure about applicable charges.
    9. Availability. Service coverage, speed, and quality may vary by location and time. Fortect strives to maintain and improve its Services, but availability may be interrupted without prior notice or liability. This may occur due to updates, maintenance, legal or regulatory changes, technical issues, human error, or events beyond Fortect’s control (including force majeure).

  18. Contact Us

    1. If you have any questions regarding this Agreement, you may contact us at: [email protected].