Terms of Service
Last updated January 6, 2022.
These Terms of Service (“Terms”) govern your use of VPN (the “App”), www.appdynamite.com website (the “Site”) and related service (the “Services”), which are owned and operated by Dynamite LLC (“Dynamite,” “we” or “us”). Our Privacy Policy is incorporated by reference into these Terms and is subject to the provisions of these Terms,. Please read these Terms carefully before you access the App, Site, or Services, as these Terms form a binding legal agreement between you and VPN.
By accessing the App, Site, or registering for or using the Services, you agree to these Terms in their entirety.
THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE “BINDING ARBITRATION AND CLASS ACTION WAIVER” SECTION.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE APP, SITE, OR SERVICES. YOUR USE OF OUR APP, SITE, AND SERVICES REQUIRES YOUR ACCEPTANCE OF THESE TERMS AS THEY MAY BE AMENDED FROM TIME TO TIME, INCLUDING THE POLICIES INCORPORATED BY REFERENCE HEREIN, WHICH INCLUDES THE VPN PRIVACY POLICY, WHICH CAN BE FOUND AT WWW.APPDYNAMITE.COM/VPN/PRIVACY
- 1. Changes to the Terms
- 2. VPN Service
- 3. Authorized User; Your Responsibility
- 4. Personal Information
- 5. Personal Use; Limited License
- 6. Software
- 7. SPAM
- 8. Fees; Payment Terms
- 9. REFUND POLICY
- 10. Use of Services
- 11. Third-Party Content
- 12. Acceptable Use Policy
- 13. Copyright Protected Materials
- 14. Export Control Laws
- 15. Right to Restrict or Terminate Access
- 16. Security
- 17. Children and Minors
- 18. DISCLAIMER OF WARRANTY
- 19. LIMITATION OF LIABILITY
- 20. Indemnity
- 21. Automatic Renewal
- 22. Binding Arbitration and Class Action Waiver
- 23. General Terms
1. Changes to the Terms
We may add to, change or remove any part of these Terms, at any time without prior notice to you other than listing of a later effective date than the one set forth at the top of this policy. Such modification shall be effective immediately upon posting at the Site. As your next visit to App, Site, or use of the Services may be governed by different Terms, we encourage you to look for a new effective date on these Terms when you visit the Site or use the App or Services. It is your responsibility to check these Terms periodically for changes.
Your use or continued use of the App or Services following the posting and/or notice of any changes to these Terms or any other posted policies shall constitute your acceptance of the changed Terms or policies
2. VPN Service
You understand that we are providing you with a virtual private network (“VPN”) service, which includes, but is not limited to, the use of servers, transport, routers, IP addresses and other equipment and protocols to transmit information over our network (the “System”). You agree to abide by these Terms with respect to your use of the Service.
3. Authorized User; Your Responsibility.
You may not access or use the App or Services if you are unable to form a binding, legal agreement with VPN. You affirm that you are over the age of 18. You assume all responsibility for your use of, or access to, the App or Services.
Dynamite does not meter the number of connections from a client. However, Dynamite reserves the right to reduce or limit connections to ensure the proper functioning of our systems.
4. Personal Information
Dynamite does not meter the number of connections from a client. However, Dynamite reserves the right to reduce or limit connections to ensure the proper functioning of our systems.
4.1. Accuracy. By registering for our Services, you represent and warrant that all information you submit to us is true, accurate, current and complete and that you will promptly notify us if your information changes.
4.2. Privacy. You may browse the Site without providing us with any personal information; however, to use our App or Services, you may be required to register with us and submit certain personally identifiable information. You expressly agree that we may use your information in accordance with the terms of the VPN Privacy Policy, which you can find and read at www.appdynamite.com/vpn/privacy
5. Personal Use; Limited License
Dynamite grants you a personal, limited, non-transferable, non-exclusive license to use VPN App content and the Services, solely for your personal, private and non-commercial use in connection with the VPN Services accessed by you. This license is personal to you, and you may not resell our Services, permit other users access to our Services through your account, or use the Services or our System to host content for others. You may not copy or download any content from the VPN Services except with the prior written approval of Dynamite.
urthermore, without the prior written approval of Dynamite, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of App content or Services. Any commercial use is expressly prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the App. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the VPN Services you are using.
Making unauthorized copies or distribution of App content may result in the termination of your VPN account, prohibition on use of VPN Services, and further legal action.
6. Software
The Services may require or allow you to download software, software updates or patches, or other utilities and tools onto your computer, entertainment system or device (“Software”). Dynamite grants to you a non-exclusive, limited license to use VPN Software solely for the purpose stated by Dynamite at the time the VPN Software is made available to you and in accordance with these Terms. Your use of the VPN Software may be subject to the terms of an end-user license agreement. You may not sub-license, or charge others to use or access VPN Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from VPN Software. You may not modify VPN Software or use it in any way not expressly authorized in writing by Dynamite. You understand that Dynamite’s introduction of various technologies may not be consistent across all platforms and that the performance of VPN Software and related VPN Services may vary depending on your computer and other equipment. From time to time, Dynamite may provide you with updates or modifications to VPN Software. You understand that certain updates and modifications may be required in order to continue using the VPN Software and VPN Services.
7. SPAM
Dynamite enforces a zero-tolerance SPAM policy regarding information transmitted through our network. Dynamite may determine in its sole discretion whether any transmissions are considered SPAM. SPAM includes, but is not limited to, the following:
- Bulk unsolicited e-mail, promotional material, or other forms of solicitation sent via e-mail that advertise any IP address belonging to Dynamite or any URL (domain) that is hosted by Dynamite.
- The use of web pages set up on ISPs that allow SPAM-ing (also known as “ghost sites”) that directly or indirectly reference customers to domains or IP addresses hosted by Dynamite.
- Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
- If Dynamite determines that you have posted one or more articles of spam, we may cancel your account immediately and take steps to prevent you from using our network at any time thereafter.
8. Fees; Payment Terms
Dynamite may, with prior notice, change the fees it charges you for accessing the Services at any time. All prices are quoted for an unmetered number of devices. You agree that all fees charged by Dyanmite for accessing the Services will be automatically charged to your payment account on file with Dynamite, at the time of any automatic renewal of your subscription for Services.
9. REFUND POLICY
No refunds will be issued by Dynamite. All refund requests should be sent to Apple.
10. Use of Services
Subject to clause 19, Dynamite is not liable for the loss, corruption, alteration or removal of any content transmitted using our Services or on our System. By using our Services, you expressly waive the right to seek damages and agree to hold Dynamite harmless for any such loss, alteration, corruption or removal.
Dynamite may also at any time modify or discontinue, temporarily or permanently, all or any part of the Services or your account, with or without notice, and you agree that Dynamite will not be liable to you or any third party for any such modification, suspension or discontinuance. Our Services are not intended to be used in countries where offering or providing the Services is illegal, and we do not offer the Services in such countries or to citizens of such countries, including the countries of Iran, Cuba, North Korea, Syria or Sudan.
11. Third-Party Content
We do not control, and we are not responsible for, any data, content, services, or products (including software) that you access, download, receive or buy while using the Services. We may, but do not have any obligation to, block information, transmissions or access to certain information, services, products or domains to protect the Services, our network, the public or our users. We are not a publisher of third-party content accessed through the Services and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service.
12. Acceptable Use Policy
You agree to comply with all applicable laws and regulations in connection with your use of the Services. You may not use our Services, or our Software or System, to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:
- The transmission or posting of chain letters or pyramid schemes, or other acts that involve deceptive online marketing practices or fraud;
- Sending or transmitting any SPAM over the Services, whether via e-mail, Usenet, or any other communication channel
- Acts that may materially affect the quality of other users’ experience, including, without limitation, “spikes” in bandwidth usage or using any program/script/command, or sending messages of any kind, designed to interfere with a third party customer terminal session, via any means, locally or via the Internet;
- Actual or attempted unauthorized use or sabotage of any computers, machines or networks;
- Introducing malicious programs into VPN network or servers (e.g. viruses, worms, Trojan horses, etc.);
- Engaging in any monitoring or interception of data not intended for you without authorization;
- Attempting to circumvent authentication or security of any host, network, or account (“cracking”) without authorization;
- Using any method, software or program designed to collect identity information, authentication credentials, or other information from the legitimate users of another entity’s website or service;
- Transmitting or receiving, uploading, using or reusing material that is abusive, indecent, defamatory, harassing, obscene or menacing, or a breach of confidence, privacy or similar third party rights;
- Transmitting or receiving, uploading, using or reusing material that violates any intellectual property rights of a third party, including, without limitation, patent, trademark or copyrights;
- Transmitting or receiving, uploading, using or reusing material that includes sexual or explicit depictions of minors in any form;
- Transmitting or receiving, uploading, using or reusing material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate these Terms;
- Falsifying header information or user identification information;
- Using the Services for anything other than lawful purposes including, but not limited to, intentionally or unintentionally violating any applicable local, state, national or international law; or
- Impersonating any person or entity, including, but not limited to, a Dynamite representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
13. Copyright Protected Materials
Dynamite respects the intellectual property rights of others and expects that you do the same. It is our policy to terminate in appropriate circumstances the accounts of subscribers who infringe the copyrights of others. You may not upload, download, post, publish, transmit, reproduce, or distribute in any way, files, material, information, software or other material obtained through the System that is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or other right holder. Additionally, you shall not upload, download, post, publish, reproduce, transmit or distribute in any way any component of the System itself or derivative works with respect thereto.
14. Export Control Laws
The Services and Software may be subject to export control restrictions of the United States, the European Union, Canada or other jurisdictions. By using the Services or downloading any Software from Dynamite, you warrant that you are not located in any country, or exporting the Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Services any content, data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of these Terms.
15. Right to Restrict or Terminate Access
These Terms shall be automatically renewed for successive one-month periods, until canceled by you or by Dynamite. Dynamite may deny or restrict your access to all or part of the System without notice in its reasonable discretion if it deems that you have engaged in any conduct or activities that Dynamite in its reasonable discretion believes violates the letter or spirit of any of these Terms. If Dynamite denies or restricts your access to the Services because of such a violation, you shall have no right to obtain any refund or credit for the subscriptions fees you have paid.
16. Security
You acknowledge and agree that you are solely responsible for protecting your password and other personal information and for the consequences of not protecting these data. Access to the System, our Services, the Internet, and to certain online transactions involves the use of identification numbers, passwords, payment accounts or other individualized nonpublic information (“Private Documentation”). You shall use your best efforts to prevent unauthorized use of our Services, the System or of any Private Documentation, and shall promptly report to Dynamite any suspected unauthorized use or other breach of security. You shall be responsible for any unauthorized use of your identification numbers or passwords until we receive written notice of a breach of security and a request to block further access for such numbers and passwords. Dynamite shall not be liable for any unauthorized use of payment accounts. Account sharing (e.g. allowing others to use your account information to access the Services) is not permitted.
17. Children and Minors
By using our Services, you affirm that you are at least 18 years of age, or otherwise over the age of majority in the jurisdiction in which you reside. You understand that the Internet may contain information which may be offensive, may be illegal in various jurisdictions or may be inappropriate for certain ages and that Dynamite is not responsible for detection and removal of such information. In accordance with the Children’s Online Privacy Protection Act (COPPA) and associated rules, we do not knowingly collect or maintain any personal information from children under 13.
18. DISCLAIMER OF WARRANTY
Actual service coverage, speeds, locations and quality may vary. Dynamite will attempt to provide the Services at all times, except for limited periods for maintenance and repair. However, the Services may be subject to unavailability for a variety of factors beyond our control including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Services or communications services or networks. We may impose usage or Services limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users or the Services. The accuracy and timeliness of data received is not guaranteed.
YOUR USE OF THE SITE, APP, AND SERVICE IS AT YOUR SOLE RISK. THE SITE, APP, ALL INFORMATION THEREIN, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. DYNAMITE DOES NOT WARRANT THAT THE SITE, APP, OR SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. DYNAMITE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, APP, OR SERVICE, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, DYNAMITE’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
19. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL DYNAMITE, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“DYNAMITE PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, SITE, APP, OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, OUR SITE, OUR APP, OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND SERVICES.
IF, NOTWITHSTANDING THE FOREGOING, ANY OF THE DYNAMITE PARTIES IS FOUND TO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE, APP, SERVICE, SOFTWARE OR ANY CONTENT THEREIN, THE DYNAMITE PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID DYNAMITE FOR YOUR USE OF THE SERVICE; AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.
SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, THE DYNAMITE PARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
20. Indemnity
You agree to defend, indemnify and hold the Dynamite Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or relating to any violation of these Terms by you; any content or material you submit or otherwise transmit through our System or Services; or your violation of any rights of another. Dynamite reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you. This Section shall survive termination of these Terms.
21. Automatic Renewal
If you signed up for an automatically renewing subscription, at the end of each term your subscription will automatically renew and you will be automatically charged the then-current renewal price for the subscription. You may cancel autorenewal of your subscription any time by following the cancellation procedures set forth by Apple.
22. Binding Arbitration and Class Action Waiver
You and we agree that all disputes and claims between you and us shall be settled by binding arbitration instead of in courts of general jurisdiction. This agreement to arbitrate is intended to be broadly interpreted and includes, but is not limited to, any dispute, claim or controversy arising out of or relating in any way to the Services, our software, our website, the Terms or any aspect of the relationship between you and us. You agree that, by agreeing to the Agreement, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration provision does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This arbitration provision shall survive termination of these Terms and the termination of your account.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to us should be addressed to: DYNAMITE LLC, P.O. Box 7698, Myrtle Beach, SC 29572, USA (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled. You may download or copy a form Notice and a form to initiate arbitration at www.jams.com. If you are required to pay a filing fee, after we receive notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000.
The arbitration will be governed by the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Expedited Arbitration Procedures (collectively, “JAMS Rules”) of JAMS, as modified by the Terms, and will be administered by JAMS. JAMS Rules and Forms are available online at www.jamsadr.com. The arbitrator is bound by the Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless you and we agree otherwise, any arbitration hearings will take place by video or telephone conference. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of the Agreement.
We may make a written settlement offer anytime before an arbitrator is selected. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by JAMS Rules.
23. General Terms
23.1. Entire Agreement. These Terms, along with any rules, guidelines, or policies published on the Dynamite homepage constitute the entire agreement between Dynamite and you with respect to your use of our App Services. If there is any conflict between the Terms and any other rules or instructions posted on the App or Services, the Terms shall control.
23.2. Amendments. No amendment to these Terms by you by shall be effective unless acknowledged in writing by Dynamite. Notwithstanding the foregoing, Dynamite reserves the right, in its sole discretion, to modify these Terms or the policies referenced herein at any time as set forth above.
23.3. Jurisdiction and Venue. These Terms shall be governed by, and construed in accordance with, the laws of the state of California, without reference to its choice of law rules. Venue for any action arising out of or in connection with this agreement shall be in Los Angeles County, California. The parties each hereby consent to the jurisdiction and venue in Los Angeles County, California and waive any objections to such jurisdiction and venue.
23.4. Limited Time to Bring Claim. Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our App or Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred.
23.5. Severability. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect.
23.6. Assignment. You may not assign its rights or obligations under these Terms without the prior written consent of Dynamite which may be withheld in Dynamite’s sole discretion.
23.7. Non-Waiver. Dynamite’s failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.