Supernetworks Terms of Service

(Effective as of 1/1/2024, Updated 1/1/2024) Welcome to Supernetworks, an open source router project (SPR), PLUS (the Service), and website (http://www.supernetworks.org,) operated by Supernetworks, Inc. (the “Company”). Using SPR, you can build a more secure wifi and vpn network complete with plugins and extensions. We also offer PLUS (the Service), a subscription service to support the project that adds access to advanced firewall features. The following Terms of Use (“Terms”) apply when you use SPR, the website, and the Service. Please review these Terms carefully. By accessing or using SPR or the Service, or by installing SPR, you show you agree to these Terms. If you don’t agree to these Terms, you may not access the website or use the Service. ABOUT SPR AND THE SERVICE You will be charged for access to the Service based on the plan you pick when you sign up for SPR, or via an in-App purchase. You will be required to provide the Company or its billing service provider with information regarding your credit card or other payment methods. You represent and warrant to the Company that such information is true and that you are authorized to use the payment method. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date). You hereby authorize the Company or its billing service provider to bill you in advance (on a lifetime or periodic basis, if this is applicable to the plan you pick) in accordance with the terms of your plan until you terminate your account, and you agree to pay any charges incurred. If you dispute any charges you must notify the Company within thirty (30) days after the date that you are billed. The term of the Subscription Service will continue on the date of purchase of the applicable Product (or the date you purchase a renewed subscription) and continue for the applicable term purchased. Company will have the right to terminate the Subscription Service prior to expiration of the applicable term by providing you notice, provided that if you purchased a term by paying in advance (e.g. a $0 Subscription or 12-month Subscription), then upon any termination Company will refund to you a pro-rata portion of the payment you made for the term of the Subscription Services (the $0 Subscription will be deemed a 30-month term for refund purpose). By way of example, if you paid $60 for a 12-month term, and Company terminates the term after 6 months, then Company would refund $30. There is no refund offered for lifetime service bundled with the Product. These refunds only apply to Products and Services purchased directly from the Company; for purchases from any other source, please contact the seller, which may have a different policy. The company is not responsible for any refunds for Products or Services obtained other than directly from the Company. Information about our current fees is here. We reserve the right to change the Company’s fees. If the Company does change its fees, the Company will provide notice of the change in email to you, at Company’s option, at least 14 days before the change is to take effect. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount. We may terminate your access to the Service for any reason, at our sole discretion You can terminate your use of the Service at any time. SPR and the Service are under constant development. New features may be added frequently, so it’s important to check back to this page for updates. SPR does not collect much information. Upon install, it is possible to report the installation. When running updates or installing, statistics are also collected by Github's container registry. We also collect customer information for the Service when people subscribe or when people order router products. USE OF SPR AND THE SERVICE You need to be at least 13 years of age to use SPR and The Service. You are responsible for maintaining the confidentiality of your login, password, and account and for all activities that occur under your login or account. The Company does not want to receive confidential or proprietary information from you through SPR or The Service. Any information or material sent to the Company will be deemed NOT to be confidential. By sending the Company any information or other material, you grant Company a non-exclusive, unrestricted, irrevocable, perpetual, royalty-free, worldwide, assignable, transferable, sublicensable right and license to use, reproduce, display, transmit, translate, rent, sell, modify, disclose, publish, create derivative works from and distribute that material or information. You agree that the Company is free to use any ideas, concepts, know-how or techniques that you send us for any purpose, without compensation or attribution. USE RESTRICTIONS Your permission to use the Service is conditioned upon the following restrictions and conditions. You agree that you will not: Use the Company’s name, trademarks, logos or other intellectual property without Company’s express written consent; Access, tamper with, or use non-public areas of the Service or Company’s computer systems; Attempt to probe, scan, or test the vulnerability of any Company computer system; Attempt to breach any Company security or authentication measures; Use any meta tags or other hidden text or metadata using a Company trademark or other Company intellectual property without Company’s express written consent; Sublicense, resell, rent, lease, transfer, assign, timeshare, or otherwise commercially exploit or make the Service available to any third party; Use the Service for any unlawful purpose or for the promotion of illegal activities; Use the Service to attempt to, or harass, abuse or harm another person or group; Publish or link to malicious content intended to damage or disrupt another user’s browser, computer, or mobile device; or Encourage or enable any other individual to do any of the foregoing. MONITORING AND COMPLIANCE Although the Company is not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. INTELLECTUAL PROPERTY You acknowledge and agree that the Company and its licensors retain ownership of all intellectual property rights of any kind related to SPR and The Service (except for user content, third-party content, and public domain content), including applicable copyrights, trademarks, and other proprietary rights. Subject to your compliance with these Terms, with respect to any software installed or embedded in any Company products (“Software”) for the PLUS Service, the Company grants you a limited non-exclusive, non-transferable, non-sublicensable license to use the Service solely for your own personal non-commercial purposes. You may not: (i) copy, modify, translate or create derivative works based on the PLUS Service Software; (ii) distribute, transfer, publish, disclose, sublicense, lease, lend, sell or rent the Software to any third party; (iii) reverse engineer, decompile, reverse decompile or disassemble the Software, or otherwise attempt to derive the source code; (iv) make the functionality of the Software available to third parties or multiple users through any means, or (v) benchmark or conduct any performance or comparison tests on the Software. The Company reserves all rights that are not expressly granted to you under these Terms. INDEMNIFICATION You agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to (a) your use or attempted use of the Website or Services in violation of these Terms; (b) your violation of any law or rights of any third party. DISCLAIMER The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Website or conveyed using the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Website or created using the Service. ONLINE CONTENT DISCLAIMER Opinions, advice, statements, offers, or other information or content made available through the Site or Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Site or Service and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Site or Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site or Service, or transmitted to users. USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM For contractual purposes, you (a) consent to receive emails via the email address you provide when you sign up for the Service; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. The Company may also use your email address to send you other messages, including information about the Company, SPR, and Service and special offers. You may opt out of such email by changing your account settings or sending an email to [email protected]. WARRANTY DISCLAIMER SPR AND THE SERVICE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING SPR INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF SPR OR TJE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR UPLOADING, DOWNLOADING, AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL SENT TO OR OBTAINED FROM THE SPR OR THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU. LIMITATION OF DAMAGES; RELEASE TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE SPR OR THE SERVICE; (C) SPR AND THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE SPR AND THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF SPR OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), FRAUD, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL COMPANY’S LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID FOR SPR AND THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU. THIRD PARTY WEBSITES OR RESOURCES The Services and SPR may use links to third-party websites, resources or services. We provide these only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources/services. MODIFICATION OF TERMS OF USE The Company can amend these Terms at any time. It’s your responsibility to check SPR from time to time to view any such changes. If you continue to use SPR or Tte Service, you show your agreement to our revisions to these Terms. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of these Terms by the Company via telephonic or email communications shall be valid. PRIVACY POLICY The Company respects the privacy of its users. Please refer to our Privacy Policy (found here), which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use SPR or the Service, you show that you agree to this Privacy Policy. GENERAL TERMS If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms. You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred. These Terms and your use of SPR and the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and Company agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes. The arbitration will be conducted in San Jose, California, before a single arbitrator. The Company may assign or delegate these Terms and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void. If you have any questions, you can contact the Company at [email protected]. NOTICE FOR CALIFORNIA USERS Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210. ACKNOWLEDGEMENT YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. If you are agreeing to these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, you may not use the Service on behalf of such entity. I AGREE __