Our terms of services agreement describe the conditions for use of Loophole and the agreements made by users during registration and continued use of the service.
These Terms of Service (the "Terms") cover your use of the services Loophole provides, including the Loophole.cloud website (the "Site"), the Loophole API, the Loophole tunneling service, the Loophole client software, and any other software or services offered by Loophole in connection with any of the above services (the "Loophole Services" or the "Services"). "Loophole" means the owner and operator of the Loophole Services which distributes the Loophole software and services.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Loophole, and any other product or service name or slogan contained in the Site are trademarks of Loophole and its suppliers or licensors (unless otherwise indicated), and may not be copied, imitated or used, in whole or in part, without the prior written permission of Loophole or the applicable trademark holder. The Service is protected by copyright, trademark, and other laws of both Germany and foreign countries. Run multiple tunnels simultaneously with a single loophole client.
Links To Other Web Sites
Loophole may use data provided by third parties in the content on the Site and in the Services and may provide links to web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. Loophole does not monitor or have any control over any Third Party Content or third party web sites. You acknowledge and agree that Loophole 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 use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
You agree that, except as expressly provided in these Terms, you will not: (i) copy the Loophole Services or Site Materials or any portion thereof; (ii) distribute, modify, adapt, translate, reverse engineer, decompile, disassemble, create derivative works based on, print any part of, or otherwise attempt to discover the source code, compiled executables, intermediate files, or underlying structure, ideas, know-how or algorithms relating in any way to the Loophole Services or Site Materials; (iii) rent, transfer, resell, lease, license, assign, grant any rights in, or otherwise make available the Loophole Services or Site Materials to third parties or offer it on a standalone basis; (iv) use the Loophole Services or Site Materials in a fashion that could reasonably be deemed to compete with the business of Loophole; (v) use the Loophole Services or Site Materials to send or store infringing, obscene, threatening, libelous, or otherwise unlawful material, including material that violates third party rights; (vi) use the Loophole Services or Site Materials to conduct “phishing” or other similar activities or in any other manner that could be misleading to third parties; (vii) use the Loophole Services or Site Materials to create, use, send, store, or run material containing software viruses, worms, Trojan horses or otherwise engage in any malicious act or disrupt the security, integrity or operation of the Loophole Services or Site Materials; (viii) use the Loophole Services or Site Materials in any manner that violates any applicable foreign, federal, state or local law, rule or regulation; or (ix) use the Loophole Services or Site Materials in any manner that violates any third party rights or this Agreement.
Term and Termination
We may terminate or suspend access to the Services immediately, without prior notice or liability (other than refunding pre-paid fees to the extent we terminate based on no action or omission on your part), for any reason whatsoever, including, but not limited to, if you breach any of the Terms. All provisions of the Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnifications and limitations of liability.
You may become a donor (“Donor”) by pledging a donation to Loophole by using the donation tool on our Website. You acknowledge and agree that you are under no obligation to become a Donor or to pledge a donation and that you will be solely responsible for any decision to become a Donor. You understand that your contribution is being made to Loophole and that Loophole has exclusive legal control over all donations. In the event that you make a donation pledge, you will be required to provide truthful, accurate, valid, and current credit card or other payment information at the time of the pledge. You agree that all donations are final.
Fees and Payment
Some Services are provided on a fee basis. You agree to pay Loophole the fees for each Service you purchase or use in accordance with the pricing and payment terms presented to you for such Service. You hereby authorize to charge your credit card on a monthly, annual, or another agreed-upon basis, as set forth in the pricing and payment terms presented to you for such Service, in advance of providing the Services. The Services may be interrupted on accounts that reach 5 days past due. Fees paid by you are non-refundable, except as provided in these Terms or when required by law. Loophole is not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by Loophole. Currency exchange settlements will be based on agreements between you and the provider of your credit card.
Loophole, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Loophole will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
LIMITATION OF LIABILITY
In no event shall Loophole, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have 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.
General Representation and Warranty
YOU AGREE TO DEFEND, HOLD HARMLESS AND INDEMNIFY Loophole, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, ADVERTISERS, LICENSORS, SUPPLIERS OR PARTNERS FROM AND AGAINST ANY THIRD PARTY CLAIM ARISING FROM OR IN ANY WAY RELATED TO (A) YOUR BREACH OF THE TERMS, (B) YOUR USE OF THE SERVICES, (C) YOUR VIOLATION OF APPLICABLE LAWS, RULES OR REGULATIONS IN CONNECTION WITH THE SERVICES, OR (D) CONTENT MADE AVAILABLE OVER YOUR TUNNELS, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ANY CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS' FEES, OF EVERY KIND AND NATURE. IN SUCH A CASE, Loophole WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.
You agree that Loophole may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Loophole website.
The Terms (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Loophole and govern your use of the Loophole Services, superseding any prior agreements between you and Loophole for the use of the Loophole Services.
Waiver and Severability of Terms
The failure of Loophole to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of ct.vision, and the other provisions of the Terms remain in full force and effect.
These Terms shall be governed and construed in accordance with the laws of Germany, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will provide at least seven (7) days' notice before the changes take effect, during which period of time you may reject the changes by terminating your account. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.We may terminate or suspend access to the Services immediately, without prior notice or liability (other than refunding pre-paid fees to the extent we terminate based on no action or omission on your part), for any reason whatsoever, including, but not limited to, if you breach any of the Terms. All provisions of the Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnifications, and limitations of liability.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.