Terms of Service Agreement

This Terms of Service Agreement (“Agreement”) covers the scope of your use and access to the KAKEVPN INC (“KakeVPN”) website (“Site”) located at www.kakevpn.com, virtual private networking (“VPN”), and KakeVPN’s services provided through the Site (“Service(s)”). By visiting the Site, purchasing a subscription, and/or using the Services, You (“You” or “Subscriber”) (“KakeVPN” and “Subscriber” collectively known as “Parties”) acknowledge that you have read the Agreement, fully understand the terms and agree to be bound by all of the terms of the Agreement.

Annotations in green in the Terms of Service are not legally binding and are summary descriptions of the Terms of Service language for your easier access and understanding. This document is an agreement that you agree to by accessing the KakeVPN VPN service.

**NOTE: THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE “DISPUTE RESOLUTION, ARBITRATION & CLASS ACTION WAIVER ” SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY “DISPUTE” (AS DEFINED BELOW) THAT YOU AND KAKEVPN, KAKEVPN’S AFFILIATES, PARENTS OR SUBSIDIARIES (COLLECTIVELY, “KAKEVPN ENTITIES”). YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN DISPUTE RESOLUTION, ARBITRATION & CLASS ACTION WAIVER SECTION.**

Subscriber affirms

that they are more than eighteen (18) years of age, a valid legal entity, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with all of these terms contained herein.

If you are under the age of eighteen (18) years of age and between thirteen (13) and seventeen (17) years of age, then you must find a legal parent or guardian to purchase and activate the Services for you. If you are unable to find a legal parent or guardian to purchase and activate this service for you or if you are under thirteen (13) years of age, you are not permitted to use the Site or Services.

If you are not an adult, you must receive permission from a parent or legal guardian. If you are under 13, you may not use the Site or Services.

Acceptance

By using and/or visiting the KakeVPN Site or Services, Subscriber agrees in full to all of the terms provided herein, the terms and conditions of KakeVPN’s Privacy Policy, and the KakeVPN Digital Millennium Copyright Act (“DMCA”) policy, in addition to all amendments and modifications (collectively referred to as the “Agreements”). By entering this Site and/or subscribing to the Services, Subscriber agrees to be bound by these terms and conditions. If Subscriber does not agree to be bound to the terms and conditions contained herein, then access to the KakeVPN Site and/or its Services is prohibited.

You agree to the complete Terms of Service to gain access to the KakeVPN service.

License

KakeVPN grants you a limited, revocable, non-transferable, non-exclusive license to access an account for your personal, private, commercial, non-transferable, limited uses solely as set forth herein to use the Services and download and use the software offered by KakeVPN as set forth in any additional documentation and/or agreements applicable to the Services accessed by You. All intellectual property rights for the KakeVPN software, mobile applications, and the KakeVPN website are owned by KAKEVPN INC and are protected by United States and international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any content from the KakeVPN Site unless you fully agree to be bound by all of the terms of this Agreement. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to KakeVPN content. Your rights are subject to your compliance with this Agreement as well as any other agreements applicable to KakeVPN. New or future services that may be offered by KakeVPN will require a separate subscription or agreement. Subscriber understands that this Agreement is limited to VPN Services only and does not include any other services herein.

You are purchasing access to a license that gives you the right to use the KakeVPN VPN service; other services may be available with a separate subscription. You agree to respect our intellectual property.

Changes to this Agreement

Client understands that the present Agreement is subject to changes made by KakeVPN at any time at its sole discretion, and you agree to be bound by any and all modifications, changes and/or revisions to this Agreement. If the proposed amendments include material alterations that affect your rights or obligations under this Agreement, KakeVPN shall notify you in advance of the changes by reasonable means, which may include notification through the Site or via email. Non-material changes to the Agreement shall take effect upon publication of the amendments to the Site. You understand that it is your obligation to periodically review this webpage in order to account for any changes made, as they will be binding upon assent.

This Agreement shall apply to all users of KakeVPN whether a ‘visitor,’ ‘commercial user,’ a ‘subscriber,’ or a ‘client’ and you are only authorized to use KakeVPN if you agree to abide by all applicable federal and state laws and be legally bound by all of the terms of this Agreement.

The Terms of Service may change, so it is important to review this webpage periodically and any communications we may send to you.

Conduct

You agree to comply with all applicable laws and regulations in connection with use of the Services. You must also agree that you and any other user that you have provided access to will not engage in any of the following activities:

Sending or receiving unsolicited and/or commercial emails in violation of law, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes”;
Exploiting, possessing, producing, receiving, transporting, or distributing any illegal content, including but not limited to any sexually explicit depiction of children;
Uploading, possessing, receiving, transporting, or distributing any copyrighted, trademark, or patented content which you do not own or lack written consent or a license from the content owner;
Forging headers or otherwise manipulating e-mail identifiers in order to mask or mislead the origins of certain content;
Interfering with the service to any other user, client, host or network which reduces the quality of service for other clients and users;
Using the service to engage in Denial-of-service (“DOS”) attacks to any third-parties or to KakeVPN;
Accessing data, systems or networks including attempts to probe scan or test for vulnerabilities of a system or network or to breach security or authentication measures without written consent from the owner of the system or network;
Transmitting any material (by email, uploading, posting, or otherwise) that abuses, bullies, threatens or encourages bodily harm, injury or destruction of property, defames one or more third parties, or promotes any act of cruelty to animals;
Accessing the service to violate any laws at the local,

state and federal level in the United States of America or the country/territory in which you reside; or
Performing any activity that aims at interfering with KakeVPN’s functionality or otherwise might have an adverse effect on the quality and functionality of KakeVPN Services for other users, including abuse of the ability to connect unlimited simultaneous devices (such as through resale, non-personal use or other breach of the license provided herein). In order to preserve an excellent user experience for all, when we detect what appears to be abuse of the unlimited simultaneous devices provision, we may contact you to discuss the situation and potential alternatives. If the situation continues, we reserve the right in our sole discretion to limit or restrict your usage of KakeVPN.
You must conduct yourself in a way that complies with law and would not violate these rules of conduct.

Export Controls

The KakeVPN service offered as part of this Agreement is subject to all relevant United Nations resolutions or the trade or economic sanctions United States, European Union, United Kingdom export control laws and regulations and follows any sanction, prohibition or restriction placed therefrom (“Sanctions”). KakeVPN makes no representation that this Site or the Services is appropriate or available for use in other locations outside the United States. By using this Site or the Services, you represent and warrant that: (i) you are not a Sanctioned person or currently the subject or target of any Sanctions or (ii) have taken any action, directly or indirectly, that would result in a violation of Sanctions or any Anti-Corruption Laws; (ii) you are not located in a country that is subject to embargo by the United States (currently Cuba, Iraq, Libya, North Korea, Sudan, Syria, or the Taliban Occupied Part of Afghanistan); (iii) you are not engaged, directly or indirectly, in the design, development, production, stockpiling, or use of nuclear, chemical, or biological weapons or missiles; and (iv) you will not, without prior authorization from the Bureau of Export Administration, (a) knowingly re-export the technical data received from you to any destination or (b) export the direct product of the technical data, directly or indirectly, to a country listed in Country Group D:1 or E:2 in Supplement No. 1 to Part 740 of the Export Administration Regulations (Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, Cuba, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Laos, Latvia, Libya, Lithuania, Macau, Moldova, Mongolia, North Korea, People’s Republic of China, Romania, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, or Vietnam).

Pay attention to and comply with anti-corruption and import/export rules.

Breach

KakeVPN abides by a ZERO TOLERANCE policy relating to any activity which breaches or violates this Agreement. We can disable your account if you break our rules. Along with the ZERO TOLERANCE policy, Clients who materially breach this Agreement will have their account or a subscription removed without any refund. Additionally, Client understands that KakeVPN expressly reserves the right to hold the Client or any third-party using the service on Client’s behalf responsible for any and all financial damages and losses which may be incurred arising out of said breach or breaches, including, but not limited to attorneys fees, fees for expert witnesses, court costs, and other charges. Subscriber understands that KakeVPN reserves the right in its sole discretion to enforce breaches of this Agreement. Failure to comply with the present Agreement constitutes a material breach of contract, and may result in one or more of the following actions:

Issuance of a warning;

Immediate, temporary, or permanent revocation of your KakeVPN account with no refund;
Legal actions against you for reimbursement of any costs incurred via indemnity resulting from a breach;
Independent legal action by KakeVPN as a result of a breach; or
Disclosure of such information to law enforcement authorities as deemed reasonably necessary.
KakeVPN reserves the right to take any other actions deemed necessary to enforce and protect its rights. If you find that your KakeVPN account or subscription has been suspended, then you may contact: helpdesk@kakevpn.com.

Indemnity

Subscriber agrees to defend, indemnify and hold harmless KakeVPN, its parent corporation, officers, affiliates, directors, contractors, 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: your use of and access to the Site and/or Services; your material breach of any term of this Agreement; your violation of any third party right, including without limitation any copyright, patent, trademark, property, or privacy right; or Any claim that your use caused damage or injury to any third party. This defense and indemnification obligation will survive termination of this Agreement and Your use of the Site.

We can disable your account and hold you responsible if you break our rules.

Service Level Agreement

Service coverage, speeds, locations and quality are not guaranteed. While KakeVPN will make every attempt to maintain the Services availability at all times, the Services may be subject to unavailability for numerous reasons including maintenance, emergencies, third party service failures, transmission errors, equipment failures, network issues, interference, natural disaster, amongst other reasons. KakeVPN does not guarantee that data, messages, or packets will be delivered and shall not be held responsible in the event data, messages, or packets are lost, not delivered, delayed, misdirected or are otherwise inaccessible.

Additionally, we may impose usage limits to the Services, suspend or block services, or cancel any and all Services at our sole discretion at any time. Finally, we do not guarantee the accuracy and timeliness of any data received.

We make no guarantee that the Services will be accessible at any time. However, we will do our best to keep the service up and running for our beloved clients.

Sometimes services don’t work perfectly – we will do our best to have 100% uptime.

Multiple Accounts

You may purchase multiple accounts in bulk from KakeVPN, which may qualify you for a discount. Both the purchaser and the individual sub-account user are responsible for complying with all terms of service. Bulk account orders must have the same subscription length, and payment must be made using a credit card. New codes for bulk account purchases will be sent via email for redemption and activation.

Client Responsibilities

As a client of KakeVPN, you are responsible for:

1. Maintaining the confidentiality and security of your provided account.
2. Providing accurate identifying information for the user account.
3. Being liable for any use or abuse occurring while logged into the KakeVPN service with your account credentials.

Fees & Auto-Renewal

You acknowledge that KakeVPN offers a subscription service through third-party merchants, with automatic payments charged based on your selected plan. Subscriptions will renew automatically unless canceled before the renewal date. Canceling within thirty days may result in a refund per the Refund Policy. KakeVPN reserves the right to change fees at any time, with fee changes applying to subsequent renewals.

Apple Auto-Renewing Subscriptions Terms and Conditions

For Apple App Store purchases, payment will be charged upon confirmation. Subscriptions will renew automatically unless canceled at least twenty-four hours before the current period ends. Refunds for App Store purchases are at Apple’s discretion.

Cancellation

KakeVPN will maintain your email address after subscription ends, allowing reactivation at any time.

Refund Policy

Refunds are available within thirty days of purchase. Failure to provide requested verification information within thirty days forfeits the refund request. Accounts purchased within three months after a refund are ineligible for refunds. Refunds for cryptocurrency payments are assessed based on the cryptocurrency’s exchange rate at the time of refund.

Our Rights

KakeVPN reserves the right to close accounts and scale back or throttle bandwidth for breaching the Agreement or excessive usage. Subscribers will be notified at least thirty days before any service termination.

Warranties

You must provide accurate information and agree to KakeVPN’s privacy policy and DMCA policy to use the service.

Warranty Disclaimer

The KakeVPN site and services are provided as-is, with no warranties. KakeVPN is not liable for any damages resulting from site access, unauthorized access, interruptions, or errors.

Limitation of Liability

KakeVPN is not liable for any damages resulting from site use, unauthorized access, interruptions, or errors.

Dispute Resolution, Arbitration & Class Action Waiver

Disputes will be resolved through arbitration, with class actions and representative actions not permitted.

Assignment

KakeVPN may assign the terms of this Agreement.

Severance

If any term is invalid, it shall be severed from the Agreement.

Choice of Law

This Agreement is governed by Florida law, with jurisdiction in Florida courts. By agreeing to these terms, you may access and use the Services after payment and account setup.