Terms of Service

These Terms of Use and End User License Agreement (these “Terms”) constitute a legal agreement between the End-User (“End-User” or “you”) and Synthia Group LLC. We license the use of KonnektVPN (“our App”) to you based on these Terms.

  1. ABOUT US

    1. We are Synthia Group LLC of 1111b South Governors Avenue Ste 6711 - Dover - Delaware - 19904, Delaware, USA (“Synthia Group,” “we,” “us,” or “our”).

    2. We operate KonnektVPN, our iOS and Android mobile application (our “App”).

    3. To contact us, please use info@synthia.group, or use our Contact Form.

    4. These Terms were last updated on Sunday, October 26th, 2023, and are the current and valid version.

    5. The following additional terms apply to your use of our Services and form part of these Terms:

      1. Our Privacy Policy (website and/or App);

      2. Our Terms and Conditions, if you are using our website;

      3. Our Terms of Service, if you are using our VPN service;

      4. Our Terms of Sale, if you are purchasing our devices;

      5. Our Affiliate Terms, if you are using our referral services;

      6. Our ICO Terms, if you are participating in our ICO offerings;

  2. ACKNOWLEDGEMENTS

    1. The following terms apply when you use our Apps obtained from either the Apple’s or Google’s stores (each an “App Distributor”) to access our Apps:

      1. The license granted to you for our Apps is limited to a non-transferable License to use our Apps on a device that utilizes the Apple iOS or Android operating systems, as applicable, and following the usage rules outlined in the applicable App Distributor’s Terms of Service;

      2. we are responsible for providing any maintenance and support services concerning the App as specified in the terms and conditions of this License contained in these Terms or as otherwise required under applicable law,

      3. you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services concerning the App;

      4. you must comply with applicable third-party terms of agreement when using the App and

      5. you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this License contained in this License Agreement and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this License contained in these Terms against you as a third-party beneficiary thereof.

  3. ACCESS

To use our App, you must 1) be at least eighteen (18) years old and able to enter into contracts or have sufficient and verifiable parental consent; 2) complete the registration process; and 3) provide accurate, complete, and up to date legal and contact information.

  1. YOUR ACCOUNT

    1. By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for successful registration and using our App, you agree and acknowledge that:

      1. you have read the terms set out in these Terms and agree to be bound by and comply with them; and

      2. you shall ensure that all Users of your Account abide by these Terms.

    2. You are responsible for maintaining the confidentiality of your Account and for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorized to do so. We are not responsible for any loss, damage, or liabilities arising from or in connection with the wrongful, fraudulent, or illegal use of your Account.

  2. SCOPE OF LICENSE

    1. Provided you are fulfilling your user obligations set forth below, you are given a non-transferable, non-exclusive, non-sublicensable license to install and use our App on any supported device that you own or control and as permitted by the Usage Rules outlined in the relevant App Distributor’s Terms of Service.

    2. This license will also govern any updates of our App provided by us that replace, repair, and/or supplement our App unless a separate license is provided for such update, in which case the terms of that new license will govern.

    3. You may not share or make our App available to third parties, sell, rent, lend, lease, or otherwise redistribute our App.

    4. You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive our App's source code or any part thereof.

    5. You may not copy or alter our App or portions thereof. You may create and store copies only on devices you own or control for backup, keeping under the terms of these Terms, the relevant App Distributor’s Terms of Service, and any other terms and conditions that apply to the device or software used.

    6. You may not remove any intellectual property notices.

    7. You acknowledge that no unauthorized third parties may gain access to these copies at any time.

    8. Violations of the obligations mentioned above and the attempt of such infringement may be subject to prosecution and damages.

    9. We reserve the right to modify the terms and conditions of licensing.

    10. Nothing in this license should be interpreted to restrict third-party terms. When using our App, you must comply with applicable third-party terms and conditions.

  3. UPLOADING CONTENT TO OUR APP

    1. You irrevocably and unconditionally represent and warrant that any of your content uploaded to our App complies with our Privacy Policy, the Delaware Personal Data Privacy Act (“DPDPA”), the EU General Data Protection Regulation (“GDPR”), and any other applicable laws.

    2. You are fully responsible for the content you upload to our app. We will not be responsible or liable to any third party for the following:

      1. The content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our App, or

      2. the loss of any content or data provided to us by you. You should keep a record of all such content and data.

    3. We will only use the content uploaded by you to carry out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction, or any governmental or regulatory authority.

    4. We may use the content uploaded by you for data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymized and used only to improve the Services and our response to App users.

    5. We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our App constitutes a violation of their rights under applicable law.

    6. We have the right to delete any content uploaded to our App if it does not comply with the content standards set out by us.

    7. We permit you to share and submit content, etc., but you are solely responsible for the content you provide. You retain full ownership of all of your content and any intellectual property rights or other proprietary rights associated with your content. You expressly agree to exonerate us from any responsibility and to refrain from any legal action against us regarding your content.

  4. PROHIBITED USES

    1. You may use our App only for lawful purposes.

    2. You may not use our App:

      1. in any way that breaches any applicable local or international laws or regulations;

      2. in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;

      3. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to affect the operation of any computer software or hardware adversely.

      4. to post content that contains hate speech or threats, is sexually explicit or pornographic, incites violence, or contains nudity or violence;

      5. to post content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;

      6. to harass, stalk, intimidate, assault, abuse, or defame any person;

  5. LIABILITY

    1. Our responsibility in violating obligations and tort shall be limited to intent and gross negligence.

    2. We are not liable for the completeness, accuracy, or correctness of any information uploaded on our App and any Related Content.

    3. You agree not to use the Services, our App, and the Related Content for resale purposes. We have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our App or any other website or software) for:

      1. loss of profits, sales, business, or revenue;

      2. business interruption;

      3. loss of anticipated savings;

      4. loss or corruption of data or information;

      5. loss of business opportunity, goodwill, or reputation; or

      6. any other indirect or consequential loss or damage.

    4. any other matter in which we are prohibited under applicable law from limiting or excluding our liability.

      1. Death or personal injury resulting from our negligence;

      2. fraud; and/or any

      3. other matter in which we are prohibited under applicable law from limiting or excluding our liability.

    5. Our App is not intended to serve a record-keeping function, and we shall not be liable for any loss of data or content.

    6. These Terms set out the full extent of our obligations and liabilities with respect to the supply of the Services and our App.

    7. Except as expressly stated in these Terms, there are no conditions, warranties, representations, or other terms, express or implied, binding on us. Any condition, warranty, representation, or other term concerning the supply of the Services and our App which might otherwise be implied into, or incorporated in, these Terms, whether by statute, common law, or otherwise, is excluded to the fullest extent permitted by law.

  6. WARRANTY

    1. We warrant that our App is free of spyware, trojan horses, viruses, or any other malware at the time of your download.

    2. No warranty is provided for our App that is not executable on the device, that has been unauthorisedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, or used within appropriate accessories, regardless if by yourself or by third parties, or if there are any other reasons outside of our sphere of influence that affect the executability of our App.

    3. You must inspect our app immediately after installing it and notify us without delay about issues discovered. The defect report will be considered and further investigated if mailed within seven (7) days after discovery.

    4. If we confirm that our app is defective, we reserve the right to remedy the situation by solving the defect.

  7. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country subject to a German Government embargo, or the German Government has designated that as a "terrorist supporting" country, and that You are not listed on any German Government list of prohibited or restricted parties.

  1. TERMINATION

The license is valid until terminated by us or by you. Your rights under this license will terminate automatically and without notice from us if you fail to adhere to any term(s) of this license. Upon License termination, you shall stop all use of our App and destroy all copies, full or partial, of our App.

  1. INTELLECTUAL PROPERTY RIGHTS

The end-user and we acknowledge that, in the event of any third-party claim that our App or the end-user possession and use of our App infringes on the third party's intellectual property rights, we, and not Google or Apple, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.

  1. OTHER IMPORTANT TERMS

    1. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations.

    2. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.

    3. No joint venture, partnership agency, or employment relationship has arisen because of these Terms.

    4. These Terms and any document expressly referred to in it constitute the entire agreement between us regarding their subject matter and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies for any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to.

    5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, which will not mean that we will automatically waive any later default by you.

    6. Each of the conditions of these Terms operates separately. If any court or competent authority decides they are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

    7. These Terms, their subject matter and formation, and any other disputes or claims in connection with that are governed by the law of the State of Delaware. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such disputes or claims. If such controversy or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of the State of Delaware.

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