Device Terms of Use
1. Introduction
1.1 Arresti VPN Platform. The Arresti VPN platform is owned and operated by Arresti Systems Pty Ltd ABN 29 658 736 559, trading as Arresti VPN (Arresti VPN, we, us, our). The Platform enables subscribed users (User, you) to access the internet privately and securely via a virtual private network.
1.2 Acceptance. By installing, accessing or using the Platform, you agree to these Terms of Use, which create a legally binding agreement between you and Arresti VPN. If you do not agree, you must not install, access or use the Platform.
1.3 Interpretation. Capitalised terms have the meanings given in clause 14.
2. Use of the Platform
2.1 Licence. Subject to your continued compliance with these terms, we grant you a revocable, non-exclusive, non-transferable licence to access and use the Platform's features and functionality for the purposes contemplated in these terms.
2.2 Disclaimers. You acknowledge that, to the extent permitted by law:
- you are responsible for ensuring your use of the Platform complies with applicable laws, including the Copyright Act 1968 (Cth) and equivalent laws in other jurisdictions;
- any data or information you obtain through the Platform is at your sole risk; and
- the Platform is provided on an "as is" and "as available" basis.
2.3 Nothing in this clause 2 limits, restricts or excludes any consumer guarantee or other right you have under the Australian Consumer Law that cannot lawfully be excluded.
3. Your warranties and acceptable use
3.1 Warranties. You warrant that:
- you will use the Platform in good faith and in accordance with all applicable laws and these terms;
- all information you provide to us is true and correct; and
- your use of the Platform will not cause us to violate any law or third-party right.
3.2 Acceptable use. You agree to use the Platform only for lawful purposes. You must not, and must not assist anyone else to:
- violate any applicable law, including the Copyright Act 1968 (Cth) and equivalent laws in other jurisdictions;
- transmit unsolicited bulk email, engage in spamming or mail-bombing;
- make any unlawful communication to a newsgroup, mailing list, chat facility or other online forum;
- make, attempt or allow any unauthorised access to the Website, the Platform, your User Account or another User's account;
- distribute, host, or facilitate the distribution of malicious software through your User Account;
- conduct denial-of-service attacks, port scans or other intrusive procedures against our servers and facilities;
- forge identifying information or attempt to deceive others regarding your identity;
- use the Platform to host or distribute material that infringes intellectual property rights, contains child sexual abuse material, promotes hatred or violence, contains malware, supports fraudulent schemes, facilitates gambling without lawful authorisation, or provides proxy/relay services to third parties;
- introduce malicious programs into our network or servers;
- scan or monitor others' networks for vulnerabilities without authorisation;
- attempt to circumvent authentication or security mechanisms ("cracking");
- interfere with another customer's session via any means;
- conduct phishing or pharming;
- falsify identifying information; or
- attempt security breaches or disruption of the Platform.
3.3 You are liable to us for, and must indemnify us against, any loss or damage we suffer to the extent it is caused by your breach of this clause 3. This indemnity does not apply to loss caused by our acts or omissions, and is subject to your rights under the Australian Consumer Law.
4. Your User Account
4.1 Creating an account. To use the Platform, you must register for a User Account using a valid email address and choose a subscription type.
4.2 Cancelling your account. You may cancel your User Account at any time from within the Platform. Cancellation takes effect at the end of your current paid period, and you continue to have access until then. Cancellation alone does not generate a refund, except as set out in clause 4.3 or as required by law.
4.3 30-day money-back guarantee. If within 30 days of your initial paid subscription you decide the Platform is not right for you, you may request a refund of the Subscription Fees paid for that initial period by contacting contact@arresti.com. We will process the refund within a reasonable time. This guarantee:
- applies to your first subscription term only (not to subsequent renewals);
- is offered in addition to any rights or remedies you have under the Australian Consumer Law and does not exclude or limit those rights; and
- does not apply where we have suspended or terminated your account under clause 12 for breach of these terms.
4.4 Automatic renewal. Your subscription renews automatically at the end of each subscription period unless cancelled. We will send you a reminder before annual renewal as required by law.
5. Fees and payment
5.1 Subscription Fees. You must pay the Subscription Fees applicable to the plan you select.
5.2 Other fees. We may offer optional additional products or services at separate fees. Where you choose to purchase any such product or service, the additional fee is payable in accordance with the terms notified to you at the time.
5.3 Invoicing and currency. Unless otherwise stated, all fees are in Australian dollars (AUD). We issue invoices and receipts through Stripe, our payment processor. You pay using the payment method nominated by you at sign-up.
5.4 Taxes. All Subscription Fees listed on the Website are inclusive of GST and any other applicable Australian taxes. No additional taxes will be added at checkout.
5.5 Suspension for non-payment. If your fees are overdue, we may suspend access to the Platform until the overdue amount is paid.
5.6 Changes to subscription fees. We may change the Subscription Fees by giving you at least 30 days' written notice. Any change takes effect from no earlier than the start of your next subscription period.
5.7 Payment timing. All payments are due immediately upon purchase. Subscription Fees are paid in advance for the relevant period. Where you have nominated a payment method, the Subscription Fee for the next period will be automatically charged on the renewal date.
5.8 Recovery costs. If amounts remain unpaid, we may recover reasonable costs of recovery, subject to applicable law.
6. Security of your account
6.1 You are responsible for the confidentiality of your User Account credentials and for activity that occurs under your account. Notify us promptly if you believe your account has been compromised.
6.2 Authorised Users. Subject to your subscription type, we may permit Authorised Users (such as members of your household) to use the Platform under your account. You remain responsible for their compliance with these terms.
7. Maintenance and changes
7.1 We may update or perform maintenance on the underlying software and infrastructure from time to time. We will use commercially reasonable efforts to give advance notice of planned outages.
7.2 We may enhance, modify or alter the Platform from time to time. New functionality may be offered at additional fees and on additional terms.
8. Intellectual property
8.1 The Platform and associated materials are owned by or licensed to Arresti VPN, and protected by intellectual property laws. You must not use or copy them except as contemplated by these terms.
8.2 Feedback. If you submit feedback or suggestions for improvement, you assign to us any intellectual property rights in that feedback.
9. Apple App Store
9.1 If you obtained the Arresti VPN App from the Apple App Store, you and we acknowledge:
- this agreement is between you and us only, not Apple, and we are solely responsible for the App and its content;
- we are solely responsible for providing maintenance and support for the App;
- we (not Apple) are responsible for any claims relating to the App, including product liability, claims that the App does not conform to applicable legal or regulatory requirements, and claims arising under consumer protection or privacy legislation;
- in the event of a third-party intellectual property claim, we are responsible for the investigation, defence, settlement and discharge of any such claim;
- you represent and warrant that (a) you are not located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not on any U.S. Government list of prohibited or restricted parties;
- you will comply with applicable third-party terms when using the App;
- Apple and its subsidiaries are third-party beneficiaries of this agreement and may enforce it against you.
10. Google Play
10.1 If you obtained the Arresti VPN App from Google Play, the App is also subject to Google Play's terms and policies. As between you and us, we (not Google) are responsible for the App and its content, and for any claims relating to the App, except where prohibited by Google's terms.
11. Privacy
11.1 Your privacy is important to us. Personal information collected through the Platform is handled in accordance with our Privacy Policy, available at www.arresti.com/privacy-policy.
12. Liability and consumer rights
12.1 Limits. Subject to clause 12.4, and to the extent permitted by law, we exclude liability for:
- Consequential Loss;
- losses arising from any interruption in the Platform or an Excluded Incident;
- losses arising from a breach of these terms by us to the extent the breach is caused by an event beyond our reasonable control;
- our reasonable actions in denying access to the Platform for security reasons, non-payment or default; and
- actions taken in accordance with our obligations at law or pursuant to a valid order of a court or government authority.
12.2 Maximum aggregate liability. To the extent permitted by law, our aggregate liability for all claims arising under these terms, regardless of the cause, is limited to the total Subscription Fees you paid us in the 12 months preceding the event giving rise to the claim.
12.3 Third-party resources. We are not responsible for third-party websites or resources accessed via the Platform. Use of those resources is at your own risk.
12.4 Australian Consumer Law — Non-Excludable Rights. Nothing in these terms excludes, restricts or modifies the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified by agreement (Non-Excludable Rights). To the maximum extent permitted by law, our liability for breach of a Non-Excludable Right that can be limited (but not excluded) is limited, at our election:
- for goods: replacement of the goods or supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
- for services: the supply of the services again, or the payment of the cost of having the services supplied again.
12.5 Indemnity. You agree to indemnify us against any claim or liability arising to the extent it is caused by your misuse of the Platform, your breach of any law, your infringement of any third-party right, or your breach of these terms. This indemnity does not apply to loss caused by our acts or omissions and is subject to your Non-Excludable Rights.
13. Term and termination
13.1 Term. These terms apply from the date you first install, access or register for the Platform, and continue until terminated.
13.2 Suspension or termination by us. We may suspend your access or terminate these terms immediately without prior notice where:
- your Subscription Fees are unpaid;
- we reasonably consider you have breached these terms;
- we are required to do so to comply with applicable law or a request from law enforcement;
- we reasonably suspect fraud; or
- your User Account has been inactive for three months or more.
13.3 Termination for convenience. You may terminate at any time by cancelling your User Account (clause 4.2). We may terminate for convenience on at least 30 days' written notice; in that case we will provide a pro-rata refund of Subscription Fees paid in advance for any unused portion of the current period.
13.4 Material breach. Either party may terminate immediately on written notice if the other party commits a material breach that is not capable of remedy, or that is capable of remedy and remains unremedied for 30 days following written notice.
13.5 Consequences. On termination: you must pay any outstanding fees; after 90 days we may permanently delete your User Account; we may retain records of your User Account as required for tax, accounting or legal purposes.
14. General
14.1 Force majeure. Neither party is in default for delays or failures caused by events beyond its reasonable control.
14.2 Notices. Notices to us must be in writing to contact@arresti.com. We may give notices to you by publishing them on the Website, in-app, or by emailing the address on your User Account.
14.3 Survival. Clauses 2.3, 8, 11, 12, 13.5 and 14 survive expiry or termination of these terms.
14.4 Assignment. You must not assign these terms or the Platform without our prior written consent. We may assign our rights and obligations under these terms.
14.5 Governing law. These terms are governed by the laws in force in Queensland, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Queensland.
14.6 Severability. If any provision is invalid or unenforceable, the remainder continues in effect; the invalid or unenforceable provision is deemed replaced by an enforceable provision that most closely matches the original intent.
14.7 Relationship. Nothing in these terms creates an agency, partnership or joint venture.
14.8 Waiver. No waiver is effective unless in writing.
14.9 Headings. Headings are for convenience only and do not limit the meaning of any provision.
14.10 Entire agreement. These terms, together with the Website Terms of Use and Privacy Policy, constitute the entire agreement between the parties on this subject matter.
15. Definitions
In these terms:
Arresti VPN Applications or App means the Arresti VPN mobile and desktop applications.
Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth) and any corresponding state or territory fair-trading legislation.
Consequential Loss means: (a) loss of data or unauthorised disclosure of data; (b) loss of opportunity, loss of revenue, loss of anticipated profits or savings, expenses incurred through default or breach, wasted overheads, loss of contract, loss of bargain, loss of business, loss of production, loss of use, loss of goodwill, and all other pure economic loss; and (c) disappointment, distress, stress, and inconvenience.
Excluded Incident means any event reasonably outside our control, including network outages affecting third-party infrastructure on which the Platform relies.
Non-Excludable Rights has the meaning given in clause 12.4.
Platform means the Arresti VPN software-as-a-service platform we provide via the Website and the Apps.
Subscription Fees means the recurring fees payable by you for use of the Platform.
User Account means your registered account with Arresti VPN for use of the Platform.
Website means the Arresti VPN website at www.arresti.com or such other domain as we nominate from time to time.