Terms of Use
1. Acceptance of These Terms
These Terms of Use (the "Terms") govern your access to and use of the website, software, applications and services provided by Hyperlink Software Technology LLC (referred to as "Hyperlink", "we", "us" or "our"), a limited liability company registered in Wyoming, United States (together, the "Services"). By accessing, downloading, installing or using the Services, you confirm that you have read these Terms, that you agree to comply with them and with applicable law, and that these Terms form a binding electronic contract between you and us. If you do not agree, do not access, download, install or use the Services.
2. What We Provide
Hyperlink is a US-registered software services company providing subscription-based network security software and encryption protocol services for individuals and businesses.
This website is informational. Nothing on it is an offer to sell, a quotation, a warranty, or a binding commitment to provide any service, and no contract is formed simply by using it. Any professional services work we take on is governed by a separate written agreement.
Magic VPN provides an encrypted connection between your device and our servers. It supports multiple tunnelling protocols and can be configured to exclude selected applications from the tunnel. Magic Private Browser is under development. Neither product has been publicly released.
3. Eligibility and Accounts
You must be at least 16 years old and legally able to enter into a contract with us in order to use the Services. Our products support anonymous use, and you only need to register an account that is not tied to your real identity.
You are responsible for keeping your credentials confidential and for all activity that takes place under your account. Tell us promptly if you believe your account has been used without your permission. We are not liable for loss caused by someone else using your credentials where that use was not our fault.
4. License to Use Our Software
Subject to these Terms, and except where section 5 applies, we grant you a personal, non-exclusive, non-transferable, limited and revocable license to use our products strictly in accordance with this agreement. We reserve all rights, title and interest not expressly granted. You may not sublicense or assign this license, and any attempt to do so is void.
You represent and warrant that you will use our products solely for privacy and security purposes and in compliance with all applicable local, state, national and international laws. Except where section 5 gives you broader rights, and except where the restriction is prohibited by law, you agree that you will not, and will not permit any third party to:
- reverse engineer, disassemble, decompile, translate or otherwise attempt to derive the source code of the Services;
- alter, modify or otherwise tamper with the products;
- publish, resell, distribute, broadcast, transmit, pledge, rent, share or sublicense the products;
- use the products to build or provide a competing product or service;
- gain or attempt to gain unauthorized access to the products or to any network connected to them, including by hacking, spoofing, or circumventing any firewall, authentication or other security measure.
5. Open-Source Software
Our Magic VPN application incorporates open-source software and is itself distributed under the GNU General Public License, version 3 or later. Your rights in that application are governed by that license, which takes precedence over sections 4 and 7 of these Terms to the extent of any conflict. Nothing in these Terms limits any right the GNU General Public License grants you, including the rights to study, modify and redistribute that application. The corresponding source code and the applicable license notices are published with each release.
Our server-side services, our administrative tools and this website are separate programs, are not covered by that license, and remain proprietary.
6. Subscriptions, Billing and Cancellation
Paid Services are offered on a subscription basis. By subscribing, you authorize us and our payment processor to charge the applicable fees to your payment method on a recurring basis until you cancel. Fees are stated at the point of purchase and are exclusive of taxes unless stated otherwise.
- Free trial. New devices receive a limited allowance of connected time at no charge. The allowance is consumed only while the VPN is connected, and access ends when it is exhausted.
- Renewal. Subscriptions renew automatically at the end of each billing period unless you cancel before it ends.
- Cancellation. You may cancel at any time, and access continues until the end of the current paid period.
- Price changes. We may change fees with prior notice, effective from your next billing period.
- Refunds. To request a refund, contact our customer service team at contact@hyperlink.us.com with your account email and the payment concerned. We will review and process your request within 15 business days of receiving it, and we will tell you the outcome by email. Purchases made through a third-party app store are governed by that store's refund policy, and refund requests for those purchases must be made to the store.
7. Acceptable Use
Our products may be used worldwide, and you are responsible for making sure your use complies with the laws that apply to you. You agree that neither you nor anyone you give access to will use the Services to:
- send or receive unsolicited or unlawful commercial email, promotional material, spam or pyramid schemes;
- use, possess, create, receive, transmit or distribute any illegal content, including child sexual abuse material;
- upload, possess, receive, transmit or distribute content protected by copyright, trademark or patent that you do not own and have no written permission to use;
- forge email headers or otherwise tamper with identifiers to conceal or misrepresent the origin of content;
- interfere with the service of any other user, client, host or network, or degrade the quality of service for others;
- launch a denial-of-service attack against any third party;
- access data, systems or networks without the owner's written consent, including probing, scanning or testing for vulnerabilities, or attempting to bypass security or authentication measures;
- transmit material that is abusive, bullying, threatening, defamatory, that incites bodily harm or property damage, or that advocates animal cruelty;
- distribute malware, or engage in fraud or phishing;
- do anything intended to disrupt or that could adversely affect other users' use of our products, such as reselling access or other use outside the license granted in section 4.
If the Services are used in breach of these Terms or applicable law we may take appropriate action, as described in section 14.
8. Export Control and Sanctions
Our products include encryption technology and are subject to US export control laws and economic sanctions programs. You may not use, export or re-export the Services in breach of those laws. You confirm that you are not located in, ordinarily resident in, or acting on behalf of any person or government in a country or region subject to comprehensive US sanctions, and that you are not a person designated on any US restricted-party list.
We may decline to offer, or may withdraw, the Services in any country or region, at our discretion or where required by law.
9. Product Changes and Updates
We may modify the Services at our discretion, including by adding or removing features through software updates. Our products may download and install updates and upgrades automatically, and you agree to receive them as part of your use of the products. We are not obliged to provide any particular version of a product, and we may change, add to or remove anything on this website at any time without notice.
10. Intellectual Property
The Services, including all software, text, graphics, logos and the Hyperlink name and marks, are owned by Hyperlink or its licensors and are protected by intellectual property law. You may read and share this website, but all rights not expressly granted are reserved. Section 5 governs the components we distribute under an open-source license.
11. Copyright Complaints
Our Services transmit material at the direction of our users. We do not host user-uploaded content, and we cannot remove material that is stored elsewhere. If you believe material transmitted through the Services infringes your copyright, contact us at contact@hyperlink.us.com with enough detail to identify the copyrighted work and the material concerned, and we will review the complaint. We terminate the accounts of repeat infringers in appropriate circumstances.
12. Third-Party Services and Links
The Services may link to or interoperate with third-party websites, software or services. We do not control them, we are not responsible for their content or practices, a link is not an endorsement, and your use of them is governed by their own terms.
13. Privacy
We collect only the minimum information needed to provide the Services. How we handle personal information is described in our Privacy Policy, which forms part of these Terms.
14. Suspension and Termination
We may suspend or terminate your access to the Services, in whole or in part, if you breach these Terms, if we are required to by law, or where necessary to protect the security and integrity of the Services.
Where we suspend or terminate your access because you have breached these Terms, fees you have already paid are not refunded and any unused portion of your current paid period is forfeited. That consequence is separate from the refund process in section 6. Section 6 governs ordinary refund requests and does not apply to a suspension or termination for breach. Nothing in this section affects a refund right that cannot be waived under the law of your country or state, and we may pursue any other remedy available to us.
You may stop using the Services at any time. Sections that by their nature should survive termination will survive, including sections 10, 15, 16, 17, 18 and 20.
15. Disclaimer of Warranties
Except as expressly stated in these Terms, and to the fullest extent permitted by law, the Services are provided "as is" and "as available" without warranties or conditions of any kind, whether express, implied or statutory, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement.
We do not warrant that the Services will be uninterrupted, error-free or completely secure, that they will work on any particular device or software configuration, that a connection will be available at any given time or location, or that they will provide complete protection for data transmitted over the internet. Information on this website is provided in good faith but may be incomplete or out of date, and it is not professional advice.
Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.
16. Limitation of Liability
To the fullest extent permitted by law, Hyperlink and its members, officers, employees and agents will not 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 relating to your use of the Services.
Our total aggregate liability for all claims relating to the Services will not exceed the total amount you paid us for the Services in the twelve months before the claim arose.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including liability for fraud. Some jurisdictions do not allow certain exclusions or limitations, so parts of this section may not apply to you.
17. Indemnification
You agree to indemnify and hold harmless Hyperlink and its members, officers, employees and agents from any claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising from your use of the Services or your breach of these Terms.
18. Governing Law and Disputes
These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws rules. The state and federal courts located in Sheridan County, Wyoming will have exclusive jurisdiction over any dispute, and you consent to their jurisdiction.
19. Changes to These Terms
We review these Terms from time to time, and updated versions are always published on this page. It is your responsibility to review them so that you are aware of your current rights and obligations. Where changes are material we will give notice through the Services, by email, or by a prominent notice on this website. Continuing to use the Services after a change takes effect means that you accept the revised Terms.
20. General Provisions
If any provision of these Terms is held invalid or unenforceable, it will be interpreted as far as possible to reflect its original intent, and the remaining provisions will stay in full force. Our failure to exercise or enforce any right or provision is not a waiver of it, nor a waiver of any later breach.
We may assign these Terms to a third party, including in connection with a merger, acquisition or sale of assets, on notice to you. You may not assign or transfer these Terms without our written consent.
These Terms, together with the Privacy Policy, are the entire agreement between you and us about the Services and replace any earlier understanding on the same subject. Notices to you may be given in the application, by email to any address on your account, or by posting on this website. Notices to us should be sent to the contact details in section 21.
21. Contact Us
If you have questions about these Terms, contact us at:
Hyperlink Software Technology LLC
contact@hyperlink.us.com