Please read these Terms of Use ("Terms", "Terms of Use", "Agreement") carefully before downloading, installing, accessing, or using the Balloon - Network Helper application ("App", "Service", "we", "us", or "our").
By downloading, installing, accessing, or using the App, you agree to be bound by these Terms. If you disagree with any part of the Terms, you must not download, install, access, or use the App.
1.1. These Terms of Use constitute a legally binding agreement between you ("User", "you", or "your") and the owner and operator of Balloon - Network Helper, governing your access to and use of the Balloon - Network Helper application, including any associated media, software, documentation, online and offline services, updates, and upgrades (collectively, the "Service").
1.2. By downloading, installing, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. You also acknowledge that you agree to comply with all applicable laws and regulations.
1.3. If you do not agree to these Terms, you must not access or use the Service. Your continued use of the Service following any changes to these Terms constitutes your acceptance of those changes.
1.4. The Service is intended for users who are at least 13 years of age. By using the Service, you represent and warrant that you are at least 13 years old and that you have the right, authority, and capacity to agree to and abide by these Terms. If you are under 18 years of age, you may use the Service only with the involvement and consent of a parent or legal guardian.
2.1. Balloon - Network Helper is a DNS and VPN application designed to provide users with secure DNS resolution and VPN services. The Service allows users to enhance their online privacy, security, and access to internet content.
2.2. The Service may include the following features:
2.2.1. DNS resolution through various public DNS providers including but not limited to Google DNS.
2.2.2. VPN services that encrypt users' internet connections and mask their IP addresses.
2.2.3. Additional security and privacy features as may be added from time to time.
2.3. The Service may be updated from time to time to add or remove features, fix bugs, improve performance, or comply with changing legal requirements or industry standards. Any material changes to the functionality of the Service will be communicated to users in advance through appropriate notification channels.
2.4. The availability and functionality of certain features may vary depending on your device, operating system, geographical location, and other factors beyond our control.
3.1. The Service may be used with or without creating a user account. Certain premium features may require registration and subscription.
3.2. If you choose to create an account, you agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.3. You are solely responsible for:
3.3.1. Maintaining the confidentiality of your account credentials.
3.3.2. All activities that occur under your account.
3.3.3. Notifying us immediately of any unauthorized use of your account or any other breach of security.
3.4. We reserve the right to disable any user account at any time if, in our reasonable opinion, you have failed to comply with these Terms or if we suspect unauthorized or fraudulent use of your account.
4.1. The Service operates on a subscription model. While some basic features may be available for free, access to premium features requires a paid subscription.
4.2. Subscription details, including pricing, billing cycles, and available features, will be clearly displayed before you complete your purchase.
4.3. By subscribing to the Service, you authorize us to charge the applicable fees to your designated payment method. All fees are non-refundable except as required by law or as explicitly stated in these Terms.
4.4. Subscriptions automatically renew for the same duration as the original subscription period unless cancelled at least 24 hours before the end of the current period. You can manage and cancel your subscription through your device's app store account settings.
4.5. We reserve the right to change our subscription fees upon reasonable notice. Any price changes will take effect at the start of the next subscription period.
4.6. If we are unable to charge your payment method for any reason, we may suspend or terminate your access to premium features until payment is successfully processed.
4.7. Free trials, if offered, are designed to allow new users to experience premium features for a limited time. Detailed terms of any trial offer will be presented at the time the offer is made available.
5.1. As a condition of your use of the Service, you agree not to use the Service for any purpose that is unlawful or prohibited by these Terms.
5.2. You expressly agree not to:
5.2.1. Use the Service to violate any applicable law, regulation, or third-party rights.
5.2.2. Use the Service to distribute malware, viruses, or any other malicious code.
5.2.3. Attempt to gain unauthorized access to any portion of the Service or any other systems or networks connected to the Service.
5.2.4. Use the Service to transmit any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
5.2.5. Interfere with or disrupt the Service or servers or networks connected to the Service.
5.2.6. Harvest or collect email addresses or other contact information of other users from the Service.
5.2.7. Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service.
5.2.8. Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
5.2.9. Use the Service for any illegal activities, including but not limited to terrorism, child pornography, gambling in jurisdictions where it is illegal, drug trafficking, money laundering, or fraud.
5.2.10. Use the Service for any activities that violate the acceptable use policies of the DNS providers we utilize.
5.3. You understand and acknowledge that you are solely responsible for any breach of your obligations under these Terms and for the consequences of any such breach, including any loss or damage which we may suffer.
5.4. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
6.1. All rights, title, and interest in and to the Service, including all intellectual property rights therein, are owned by us or our licensors. Nothing in these Terms grants you any right, title, or interest in the Service other than the limited right to use the Service in accordance with these Terms.
6.2. The Balloon - Network Helper name, logo, and all related names, logos, product and service names, designs, and slogans are our trademarks or our licensors' trademarks. You may not use such marks without our prior written permission.
6.3. All content included in or made available through the Service, including the text, graphics, logos, icons, images, sounds, music, digital downloads, data compilations, software, and documentation, is our property or the property of our licensors and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
6.4. You agree not to:
6.4.1. Copy, modify, or create derivative works based on the Service.
6.4.2. Reproduce, distribute, publicly display, publicly perform, or sublicense the Service.
6.4.3. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
6.4.4. Remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Service.
6.5. We respect the intellectual property rights of others and expect users of the Service to do the same. We reserve the right to remove content that may infringe the intellectual property rights of others.
7.1. The Service may integrate with or contain links to third-party websites, applications, or services. These third-party services are not under our control, and we are not responsible for their content, privacy policies, or practices.
7.2. Specifically, our Service utilizes third-party DNS providers, such as Google DNS, to resolve domain names. We are not responsible for the performance, availability, privacy practices, or any other aspects of these third-party DNS services.
7.3. Your interactions with any third-party websites, applications, or services are solely between you and the third party. We encourage you to review the terms and privacy policies of any third-party services you access through the Service.
7.4. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party service.
8.1. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8.2. WE DO NOT WARRANT THAT THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.
8.3. WE DO NOT WARRANT THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8.4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
8.5. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
9.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE.
9.2. WITHOUT LIMITING THE FOREGOING, WE SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR INJURY THAT MAY BE CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR RECORDS, PROGRAMS, OR INFORMATION.
9.3. THE USER ASSUMES FULL RESPONSIBILITY FOR THEIR USE OF THE SERVICE. THE USER ACKNOWLEDGES THAT THEY ARE USING THE SERVICE AT THEIR OWN RISK, AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR DEVICE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH USE.
9.4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
10.1. You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
10.1.1. Your violation of these Terms.
10.1.2. Your use of the Service, including, but not limited to, any use of the Service's content other than as expressly authorized in these Terms.
10.1.3. Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right.
10.1.4. Any claim that your use of the Service caused damage to a third party.
10.2. This defense and indemnification obligation will survive these Terms and your use of the Service.
11.1. These Terms shall remain in full force and effect while you use the Service.
11.2. We reserve the right to, at our sole discretion and without notice or liability, deny access to and use of the Service to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation.
11.3. We may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account.
11.4. If you wish to terminate your account, you may simply discontinue using the Service or, if you have an account, you may follow the termination procedures available through the Service or contact us at nomotetes.onetrue@icloud.com.
11.5. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11.6. In the event that we decide to cease operation of the Service entirely, we will provide prior notice to users. In case of such termination, subscription services will remain available to existing subscribers until their current subscription period expires.
12.1. We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Service or any part thereof with or without notice at any time.
12.2. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
12.3. We will make reasonable efforts to notify users of significant changes to the Service that may affect user experience or functionality.
13.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. It is your responsibility to check these Terms periodically for changes.
13.2. If we make material changes to these Terms, we will notify you by email (sent to the email address specified in your account, if applicable) or by means of a notice on our website or through the Service prior to the changes becoming effective.
13.3. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to the new Terms, you must stop using the Service.
14.1. These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the owner of Balloon - Network Helper is established, without regard to its conflict of law provisions.
14.2. Any dispute arising out of or relating to these Terms or the Service shall be resolved through good-faith negotiations between the parties.
14.3. If the dispute cannot be resolved through negotiations, the parties agree to submit the dispute to binding arbitration in accordance with the rules of the arbitration association in the jurisdiction where the owner of Balloon - Network Helper is established.
14.4. Notwithstanding the foregoing, we reserve the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights or to prevent irreparable harm.
14.5. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the courts located in the jurisdiction where the owner of Balloon - Network Helper is established, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
15.1. If any provision of these Terms is held to be unenforceable or invalid, such provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
16.1. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
16.2. The waiver of any such right or provision will be effective only if in writing and signed by our authorized representative.
16.3. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
17.1. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent.
17.2. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect.
17.3. We may assign or transfer these Terms, at our sole discretion, without restriction.
17.4. These Terms will inure to the benefit of and be binding upon the parties, their successors, and permitted assigns.
18.1. These Terms, together with our Privacy Policy and any other legal notices and agreements published by us via the Service, shall constitute the entire agreement between you and us concerning the Service.
18.2. In the event of any conflict between these Terms and any other terms, policies, or notices, the terms contained in these Terms shall govern.
19.1. If you have any questions about these Terms, please contact us at nomotetes.onetrue@icloud.com.
20.1. BY USING THE SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.