These Terms of Service (“Terms”) are a binding agreement between you and IpSharkk (“Company”, “we”, “us”), and govern your use of IpSharkk and the IpSharkk network. By downloading, installing, or using IpSharkk, you agree to these Terms, including the binding arbitration agreement and class-action waiver below. If you do not agree, do not use the service.
The service
IpSharkk is software that changes your IP address by routing your connection through the IpSharkk network so you can connect from a different location. Features and limits differ between the free and Premium versions as described on our website.
Eligibility and accounts
You must be at least 18 years old (or the age of majority where you live) to use IpSharkk. You are responsible for keeping your account credentials confidential and for all activity under your account. A single license is valid for one computer. You represent that you are not located in, and are not a national or resident of, any country subject to applicable sanctions, and that you are not on any government list of restricted or denied parties.
The network and your participation
The free version operates by making your device part of the IpSharkk network. By installing or running the free version, you grant Company a worldwide, non-exclusive, royalty-free, sublicensable license to route internet traffic through your device and to use your IP address, bandwidth, and internet connection as an exit point on the network for as long as the free version is running or installed and enabled. Access to the network is provided to Premium users and may also be licensed or sold by us to our business customers and partners. Traffic originating from any of these parties may be routed through your connection. The free version is provided to you at no monetary cost in exchange for this participation; your participation is the consideration for the free service. You may stop participating at any time by quitting or uninstalling the software, or by upgrading to the Premium version, whose connection is not used as an exit point. You acknowledge and voluntarily assume the inherent risks of a shared network, including that an IP address you use may also be used by others, and that your IP address may be used by others.
Subscriptions, billing, and cancellation
- Premium is a subscription billed monthly through PayPal at the price shown at checkout, and it renews automatically each month until you cancel.
- You can cancel at any time from your PayPal account (Transaction Details → Cancel Subscription). Cancellation stops future billing; it does not retroactively refund the current period except as described below.
- Prices are shown in US dollars and may be subject to applicable taxes.
Refunds
If you are not satisfied, you may request a full refund within 30 days of your purchase by contacting [email protected]. We recommend trying the free version first.
Acceptable use
Your use of IpSharkk must comply with our Acceptable Use Policy, which is incorporated into these Terms. Illegal or abusive use is prohibited and may result in immediate suspension or termination of your account and access, with or without notice.
Disclaimer of warranties
IpSharkk and the network are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Without limiting the foregoing, we do not warrant that the service will be uninterrupted, secure, or error-free; that any particular IP address or location will be available; or that using the service will make you anonymous, untraceable, or secure, or that your use is lawful for your purpose or in your jurisdiction. You are solely responsible for determining whether your use of IpSharkk is lawful where you are.
Limitation of liability
To the maximum extent permitted by law, in no event will Company or its owners, officers, employees, or partners be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of IpSharkk or the network, on any theory of liability, even if advised of the possibility of such damages. Our total aggregate liability for all claims relating to the service will not exceed the greater of (a) the amount you paid us in the twelve months before the event giving rise to the claim, or (b) US $100. Some jurisdictions do not allow certain of these limitations, so some may not apply to you.
Indemnification
You agree to defend, indemnify, and hold harmless Company and its owners, officers, employees, and partners from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of IpSharkk or the network; (b) any traffic, content, or activity originating from you; (c) your violation of these Terms or the Acceptable Use Policy; or (d) your violation of any law or the rights of any third party.
Export controls and sanctions
You may not use or export IpSharkk except as authorized by U.S. law and the laws of the jurisdiction in which you obtained it. You represent that you are not located in a country subject to a U.S. Government embargo and are not on any government list of prohibited or restricted parties.
Copyright and abuse notices
We respect intellectual-property rights and expect everyone who uses the network to do the same. If you believe content transmitted through the network infringes your copyright, or you wish to report abuse of the network, send a notice with enough detail for us to identify and act on it to [email protected]. We may remove access and terminate the accounts of repeat infringers.
Binding arbitration and class-action waiver
Please read this section carefully. It affects your legal rights. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of IpSharkk will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small-claims court. The arbitration will be seated in the State of Delaware, USA, and judgment on the award may be entered in any court of competent jurisdiction.
You and Company each waive any right to a jury trial and agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims. You may opt out of this arbitration agreement by emailing [email protected] within 30 days of first accepting these Terms; if you opt out, the Governing law section below applies to disputes instead.
Governing law
These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-law rules. Subject to the arbitration agreement above, you agree to the exclusive jurisdiction and venue of the state and federal courts located in the State of Delaware, USA for any dispute not subject to arbitration.
Changes to these Terms
We may update these Terms from time to time. When we do, we will post the updated Terms on this page. Your continued use of IpSharkk after changes take effect means you accept the updated Terms. For material changes to the network-participation or resale terms, we will seek your renewed agreement before those changes apply to you.
General
If any provision of these Terms is held unenforceable, the remaining provisions remain in full effect. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them freely, including in connection with a merger, acquisition, or sale of assets. We are not liable for any failure or delay caused by events beyond our reasonable control. These Terms, together with the Acceptable Use Policy and Privacy Policy, are the entire agreement between you and Company regarding IpSharkk. The sections on the network license, disclaimers, limitation of liability, indemnification, arbitration, and governing law survive termination.
Contact us
Questions about these Terms? Email [email protected].