ADBLOCK, INC.
END USER LICENSE AGREEMENT

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF THIS END USER AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE ADBLOCK VPN APPLICATION (THE “APP”).

THIS AGREEMENT GOVERNS YOUR USE OF THE APP AND THE ASSOCIATED SERVICES WE PROVIDE ALONG WITH THE APP (COLLECTIVELY, THE “SERVICES”) UNLESS YOU AND ADBLOCK, INC. (“ADBLOCK”) HAVE EXECUTED A SEPARATE AGREEMENT GOVERNING USE OF THE SERVICES.

AdBlock is willing to provide the Services to you only upon the condition that you accept all the terms contained in this Agreement. By downloading and installing the App and/or using the Services, you have indicated that you understand this Agreement and accept all of its terms. If you are accepting the terms of this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the terms of this Agreement, and, in such event, “you” and “your” will refer to that company or other legal entity. If you do not accept all the terms of this Agreement, then AdBlock is unwilling to provide the Services to you and you must stop using the Services immediately. If you pay for the Services, your right to cancel your purchase for a refund expires 30 days after the date of purchase, as further described below.

IMPORTANT: WHEN YOU AGREE TO THIS AGREEMENT, YOU AGREE TO RESOLVE YOUR DISPUTES WITH ADBLOCK ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, UNLESS YOU OPT-OUT OF ARBITRATION WITHIN 30 DAYS OR THE DISPUTE IS EXCLUDED FROM ARBITRATION, AS FURTHER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION BELOW FOR DETAILS ON ARBITRATION AND OPTING-OUT.

Privacy Policy.

Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information

Services.

Conditioned upon your compliance with this Agreement, AdBlock grants you a non-exclusive and non-transferable right for a single user to access and use the Services on any computer or mobile device you own, solely for your personal, non-commercial use, in accordance with the terms of this Agreement. Use of the Services is not permitted in an enterprise environment, including, but not limited to, use on multiple computers owned or operated by a company or other legal entity.

Restrictions.

Except as expressly stated in this Agreement, you may not: (a) attempt to interfere with or disrupt the Services or attempt to gain access to any of AdBlock’s systems or networks that connect thereto (except as required to access and use the Services); (b) make the functionality of the Services available to multiple users through any means, including but not limited to through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of service; or (c) use the Services to post, upload, publish, submit or transmit any content, information or data, or commit any act, that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; or (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.

General

When you purchase access to the Services through a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in this Agreement. All fees and applicable taxes, if any, are payable in United States dollars.

Subscriptions

When you purchase a Subscription, you will be charged the monthly or annual Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each month or year thereafter, at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE CLIENT TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each month or year on the anniversary of the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription. For annual Subscriptions, AdBlock will send you a reminder at least thirty (30) days prior to each renewal with the then-current Subscription Fee. For monthly Subscriptions, AdBlock will use commercially reasonable efforts to send you a reminder at least fourteen (14) days prior to each renewal with the then-current Subscription Fee.

By agreeing to this Agreement and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or AdBlock. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or the Subscription in accordance with this Agreement.

Cancelling Your Subscription

If you purchase a Subscription, you may cancel your purchase for a full refund within thirty (30) calendar days of your initial purchase. If something unexpected happens in the course of completing a Transaction, we may cancel your Transaction. If we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction.

Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE WITH RESPECT TO YOUR INITIAL SUBSCRIPTION PURCHASE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to [email protected] or submit a ticket at vpnsupport.getadblock.com. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then current Subscription period. If you cancel, your right to access and use the Services will continue until the end of your then current Subscription period and will then terminate without further charges.

Upon termination of your right to access and use the Services, AdBlock may disable any or all features of the App immediately

License to the App.

Conditioned upon your compliance with this Agreement, AdBlock grants you a non-exclusive and non-transferable license, with no right to sublicense, for a single user to download and install the App on any computer or mobile device you own, solely for your personal, non-commercial use, in accordance with the terms of this Agreement. AdBlock retains ownership of the copy of the App, including all intellectual property rights therein. The App is protected by United States copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the App as delivered to you. Except as expressly permitted in this Agreement, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.

Additional Information: Apple App Store.

This paragraph applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party's intellectual property rights. Apple and its subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.

Termination.

AdBlock may terminate your right to access and use the Services, at its sole discretion, at any time and without notice or liability to you. You may terminate this Agreement and your right to access and use the Services at any time by sending an email to us at [email protected] or submitting a ticket at vpnsupport.getadblock.com with your termination request. Upon any termination, discontinuation or cancellation of Services, the Sections of this Agreement titled as follows will survive: “Restrictions,” “General,” “Subscriptions,” “Cancelling Your Subscription,” “Termination,” “Updates and Upgrades,” “No Warranty,” “Limitation of Liability,” “Third Party Hardware and Software,” “Dispute Resolution,” “General,” “Notice,” and “Feedback.”

Updates and Upgrades; No Obligation.

AdBlock is not obligated to maintain or support the App or Services, or to provide you with updates, upgrades or services related to the App or the Services. You acknowledge that AdBlock may from time to time, in its sole discretion, issue updates or upgrades to the App or the Services. You consent to such updating or upgrading on your computer, and agree that this Agreement will apply to all such updates or upgrades. Because the App and the Services are evolving over time AdBlock may change or discontinue all or any part of the App or Services, at any time and without notice.

No Warranty.

THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. ADBLOCK DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ADBLOCK OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. ADBLOCK DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL BLOCK ALL ADVERTISEMENTS, THAT THE SERVICES WILL OPERATE IN THE COMBINATIONS THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ALL ERRORS IN THE SERVICES WILL BE CORRECTED.

Limitation of Liability.

ADBLOCK’S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNTS PAID TO ADBLOCK BY YOU FOR THE SERVICES OR, IN THE EVENT THAT ADBLOCK HAS MADE THE SERVICES AVAILABLE TO YOU WITHOUT CHARGE, ADBLOCK’S TOTAL LIABILITY WILL BE LIMITED TO $50. IN NO EVENT WILL ADBLOCK BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, DAMAGES ARISING OUT OF LOSS OF DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE, OR FOR THE COST OF PROCURING SUBSTITUTE SERVICES OR PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT ADBLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Compliance with Law.

You agree to comply fully with all laws, rules and regulations applicable to your use of the Services, including, without limitation, all data protection and privacy-related laws and regulations, and all U.S. export laws and regulations to ensure that neither the Services nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

Third Party Hardware and Software.

You acknowledge and agree that AdBlock is not responsible for any hardware or other software required to access and use the Services, including, without limitation, any loss or corruption of data or any other loss or damage of any kind arising from your use of such hardware or software.

Changes to Agreement Terms.

We may modify this Agreement at any time. If we do so, we’ll let you know either by providing you a notification of the modified terms of the Agreement through the Services or through other communications. It’s important that you review the terms of this Agreement whenever we modify them because if you continue to use the Services after we have notified you of such modified terms, you are indicating to us that you agree to be bound by the modified terms. If you don’t agree to be bound by the modified terms, then you may not use the Services anymore.

Dispute Resolution.

Our goal is to provide you with a great product, so we’ll try our best to resolve any disagreements that you have with us. If we can’t, then you and AdBlock both agree to resolve disputes related to your use of the Services or this Agreement (each, a “Claim”) in binding arbitration instead of court, except that a Claim may be brought in small claims court if it qualifies for it. You and AdBlock also agree that either party may bring suit in court to enjoin the infringement or other misuse of intellectual property rights.

What is arbitration?

Arbitration does not involve a judge or jury. Instead, a neutral person (the “arbitrator”) hears each party’s side of the dispute, and makes a decision that is finally binding on both parties. The arbitrator can award the same relief as a court could award, including monetary damages. While court review of an arbitration award is limited, if a party fails to comply with the arbitrator’s decision, then the other party can have the arbitration decision enforced by a court. If for any reason a Claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.

Can a Claim be part of a class action or similar proceeding? No. You agree to resolve your Claims with us solely on an individual basis, and not as part of a class, representative or consolidated action. We agree to do the same.

What rules apply in the arbitration?

The arbitration will be conducted under the American Arbitration Association (“AAA”) Consumer Arbitration Rules (the “AAA Rules”). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.

How will the arbitration be conducted?

How much does it cost? The arbitration will be conducted by the AAA or a comparable arbitration body in the event the AAA is unable to conduct the arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Unless the arbitrator finds your Claim frivolous, we’ll pay for all filing, administration and arbitrator fees if your Claim is for less than $10,000, and we won’t seek our attorneys’ fees and costs if we prevail in the arbitration. The arbitration may be conducted in writing, remotely (e.g., by videoconference) or in-person in the county where you live (or at some other location that we both agree to).

How do I start an arbitration proceeding?

To begin an arbitration proceeding against us, send a letter requesting arbitration and describing your Claim to [email protected]. If we request arbitration against you, we will give you notice at the email address or street address you provided.

INSTRUCTIONS FOR OPTING-OUT OF ARBITRATION:

If you don’t want to agree to arbitrate your Claims as explained above, then you can opt-out of this arbitration agreement by notifying us of your decision in writing at [email protected]. You must opt-out within 30 days of the date you first agree to this Agreement or any updates to this Agreement.

This Dispute Resolution section only applies to Claims between AdBlock and individual consumers, and is governed by The Federal Arbitration Act.

General.

This Agreement will be governed by California law. The United Nations Convention on Contracts for the International Sale of Goods will not apply. You may not assign or transfer this Agreement without AdBlock’s prior written consent. AdBlock may freely assign this Agreement. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect. This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and AdBlock have executed a separate agreement.

Notice.

All notices or approvals given by AdBlock under this Agreement will be communicated to you via notification through the Services or through other communications. All notices or approvals given by you under this Agreement will be communicated to AdBlock by email at [email protected].

Feedback.

Your feedback and comments and suggestions for improvements to the App or Services (collectively, “Feedback”) are welcome. If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.

Contact Information.

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