Terms of Use
Thank you for choosing us. Before starting, please read Terms of Use carefully.
These Terms of Service (the “Terms”), along with the Privacy Policy (the “Privacy Policy”), govern the use of and access to the different services offered by Illustrai Pte. Ltd. (“HakoVPN,”“HakoNyan,” “us,” “we,” or “our”), our website (the “Site”), applications (the “Apps,” including both the mobile and web versions), as well as all content (the “Content”) and software (the “Software”) associated with our services (collectively referred to as the “Services”).
By agreeing to these Terms, you are also agreeing to the Privacy Policy.
These Terms and the Privacy Policy (together, the “Agreement”) constitute a legally binding agreement between you and HakoVPN, so please read them carefully.
Acceptance
By using and/or accessing the Services, you become a “Subscriber.” As such, you (“you” or “Subscriber”) are agreeing on behalf of yourself or those you represent to comply with and to be legally bound by these Terms and the Privacy Policy in their entirety, including to be responsible for any charges arising from your use of the Services.
If you are accepting these Terms on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer or such entity to the Agreement; (ii) you have read and understand the Agreement; and (iii) you agree and consent to the Agreement on behalf of the party that you represent.
By creating an account for using our Services, you represent that you are at least eighteen (18) years of age, or at least the age of majority in the jurisdiction where you reside or from which you use the Services, or that you are a valid legal entity, and that the registration information you have provided is accurate and complete.
Some sections of these Terms or the Privacy Policy may not apply to your specific use of the Services. Thus, if you do not agree with any part of the Agreement applicable to you, you may not use our Services.
For the avoidance of doubt, the Agreement governs your access to and use of the Services through any means or channels, including any access or use in connection with routers or other products offered by HakoVPN(the “Hardware”).
Modification
HakoVPN may update these Terms from time to time without notice. Unless it is otherwise stated by us, each update of the Terms comes into force as of the moment the amended Terms are published on the Site. If you continue to use the Services after these changes take effect, then you agree and consent to the revised Terms. The current version of the Terms is available on the Site. You understand and agree that it is your obligation to review these Terms from time to time in order to stay informed on current rules and obligations. Notification on any material changes to the Terms will be provided to Subscribers through an email message sent to the email address you provide to us. We may also notify you of material changes through additional means, such as banners or pop-up messages posted on the Site and/or on your Account.
Privacy Policy
HakoVPN is committed to your privacy and does not collect or log browsing history, traffic destination, data content, DNS queries, or user-linked IP addresses from Subscribers connected to our Services. During your registration, we may collect some personal information, such as your name, email address, and payment information. We only collect such information as is strictly necessary for the proper delivery of the Services. You can find detailed information related to data collection in the Privacy Policy. Please review Privacy Policy in its entirety (if applicable to you) to get a clear understanding of how we handle your information, your rights, our rights, as well as our commitment to data protection.
No-logs policy
We understand that the essence of a virtual private network is to be private and that people have many good reasons to safeguard their privacy and the privacy of their data. Accordingly, HakoVPN guarantees a strict no-logs policy for HakoVPN Services, meaning that the HakoVPN Services are provided by an automated process, and your activities while using them are not monitored, recorded, logged, stored, or passed to any third party. However, since it's tied to your email address, certain online activities can be traced back to your account information.
Subscriptions
Our Services are available to you upon registering an account (the “Account”) on the Site or the Apps. A full list of subscription plans and pricing is available on the Site. HakoVPN reserves the right to amend subscription fees or institute new fees at any time upon reasonable advance notice. Any changes to the pricing will not affect the Subscriber’s current subscription period and will become effective upon subscription renewal. Some subscription purchases and refunds are handled via third-party payment companies and app platforms (e.g., the Apple App Store). To find out more about these third parties and how they process your data, please refer to our Privacy Policy.
When supported by your payment method, plans renew automatically by default at the completion of the billing term, until canceled. The subscription fee will be charged automatically to the payment method you last selected. If you would like to discontinue automatic renewal, follow the prompts to Turn Off Automatic Renewal; contact us by email at: support@HakoNyan.com
Auto-Renewal
By default, auto-renewal is turned on when you use a payment method that supports auto-renewal (such as a credit card or PayPal), and turned off when you use a payment method that does not support auto-renewal (such as Bitcoin). When auto-renewal is off, you may continue to use the Services until the end of your current billing term, at which point your Services will be suspended until a manual renewal payment is made.
Each paid subscription grants you one (1) license to use our VPN Service on up to eight (8) different devices at any given time.
You understand that it is your responsibility to keep your Account information confidential and secure. You are solely responsible for all activity on your Account. If you ever discover or suspect that someone has accessed your Account without your authorization, or that any of your passwords have been compromised (i.e., Account password), you are advised to inform us immediately so that we can take appropriate action.
CANCELLATION AND REFUND POLICY
Subscription Cancellation. You have a right to cancel your Subscription (i.e., turn off auto-renewals for the upcoming Service period) at any time (please note that canceled Subscriptions will not be refunded for the unused part of the ongoing Service period). Your possibilities to cancel the Subscription and/or get a refund may differ depending on whether you purchased Services from (or are billed through) HakoVPN or a third party (e.g., app store, service provider, retailer).
Refund. We seek your full satisfaction with our Services. However, if you are not satisfied with our Services, you may cancel the Subscription and request a refund within seven(7) days following your purchase of our Services. Once a Subscription is renewed, it cannot be refunded, unless applicable law provides otherwise (please refer to “Pro Rata Refund” below). To the extent permitted under applicable law, we reserve the right not to issue the mentioned refund in the event of a breach of Acceptable Use Policy. In any case, we would be glad to troubleshoot an issue you experienced before you decide to request a refund.
Pro Rata Refund. A Subscription longer than one month which has been renewed and purchased from Germany (after March 1, 2022), Netherlands, or the United Kingdom, is eligible for either: (i) a full refund, if a refund request is made within thirty (30) days of being charged for automatic renewal; or (ii) if the mentioned thirty (30) days term has passed - a pro rata (partial) refund for the period left in your renewed Subscription, beginning the month after you request the refund.
Payment of Refund. Your request will be processed without any unreasonable delay and the refund will be paid using the same payment method as the one used for the purchase, except as otherwise mutually agreed, unless applicable law prohibits us or payment service providers we rely on from processing the refund. For payments made in cryptocurrency, the refund will be made in the same cryptocurrency or in another cryptocurrency if the one used for the purchase becomes unavailable or impracticable to use. The amount to be refunded in cryptocurrency will be calculated based on the equivalent of the price paid in USD at the time of purchase. Payments made using prepaid cards or gift cards will not be refunded if such refund is not supported by the provider of the card. Once the refund is issued to you, you will lose access to the Services for which you were refunded.
Subscriptions Purchased via other Providers. The refunds for purchases made from third party app stores, marketplaces, retailers, and resellers (Amazon Marketplace, Amazon Appstore, Google Play, BestBuy, StackSocial, etc.) are handled according to the terms of service of the providers from which the Services were purchased. Cancellation of such Subscriptions may also be subject to the terms of certain providers.
Canceling the Auto-Renewal of the Subscription Purchased on our Websites. If you have purchased an automatically renewing Subscription on our Websites and would like to stop it from automatically renewing, you can do so at any time from your HakoVPN Account. Canceled Subscriptions will not be refunded for the unused part of the ongoing Service period.
Acceptable Use Policy
Our Services may be accessed from all around the world, so it is your responsibility to assess whether your use of the Services is in compliance with applicable laws and regulations. You may not be able to access the Services if you are located in any of the countries where using, accessing, or subscribing to the Services would violate our Export Control Policy.
Export control policyIt is the policy of HakoVPN to fully comply with all export control and sanctions regimes that apply to its operations. We will not undertake any business that would violate those regimes.
We reserve the right to limit, in our sole discretion, the availability of our services or any portion thereof, to any person, entity, geographic area, or jurisdiction at any time.
By downloading and using our Service or Software, you certify that you are not a target of any sanctions regime, and you do not reside in, nor will you access our Service or Software from, a country from which such access is prohibited under any applicable sanctions regime.
Whenever you use the Services, you must comply with these Terms and applicable laws, regulations, and policies.
HakoVPN aims to provide the best service possible to all of our Subscribers. In that sense, we require that you do not misuse our Content or Services. A misuse refers to any use, access, or interference with the Content or Services contrary to the Terms or applicable laws and regulations.
In order to protect the Services from being misused or used to harm someone, HakoVPN reserves the right to take appropriate measures when our Services are being used contrary to these Terms and applicable laws. You agree that HakoVPN may restrict access to any part of the Services, terminate your Account, or take any other legal measure provided by law, without providing a refund for Services already paid, if we believe at our absolute discretion that you have misused the Services.
Your access to and use of the Services and Websites is subject to the Terms and all applicable laws and regulations. We reserve the right, at any time, in our sole discretion, with or without notice, to suspend and/or terminate the Accounts and/or Services to any users who violate any applicable laws or these Terms, whether repeated violation or a single instance.
In using our Services, you agree that you should not yourself and/or enable others to:
use, assist, encourage, or enable others to use the Services/Websites for any unlawful, illicit, illegal, criminal, or fraudulent activities, including but not limited to port scanning, sending spam, sending opt-in email, scanning for open relays or open proxies, sending unsolicited email or any version or type of email sent in vast quantities even if the email is routed through third-party servers, any pop-up launching, use of stolen credit cards, credit card fraud, financial fraud, cryptocurrency fraud, cloaking, extortion, blackmail, kidnapping, rape, murder, sale of stolen credit cards, sale of stolen goods, offer or sale of prohibited and dual-use goods, offer or sale of controlled substances, identity theft, hacking, pharming, phishing, web crawling, scraping in any form or scale, digital piracy, conduct distributed denial-of-service (DDoS) attacks, harvesting, or other similar activities that otherwise generate large amounts of automated requests over the internet while using the Services, which might negatively affect provision of our Services to other users;
use the Services/Websites for any military purpose, including cyber warfare, weapons development, design, manufacture, or production of missiles, nuclear, chemical or biological weapons;
assault, interfere, gain unauthorized access, deny service in any way or form to any other network, computer, or node through our Services/Websites;
exploit children in any way, including audio, video, photography, digital content, etc.;
violate, infringe, or misappropriate HakoVPN , our licensors and/or any other third parties' copyright, other intellectual property rights, privacy, or other legal rights;
communicate, transmit, store, make available, share anything that is illegal, abusive, harassing, or otherwise objectionable (objectionable means anything which interferes with the rights of HakoVPN, its users, or other third parties, or causes conditions that are dangerous, hazardous, and detrimental to others, or anything that most users and/or HakoVPN would find to be offensive or inappropriate);
transmit any viruses or other computer codes, files, programs, instructions, or technological means that disrupt, damage, or interfere with the use of computers or related systems;
attempt to circumvent any technological measure and/or arrangement implemented by HakoVPN and/or its licensors, or by the owner of the resource or the source of the material that the technological measure protects;
interfere with or disrupt the integrity or performance of the Service/Websites;
take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure;
sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Services, Subscription, and/or Account in any way;
use any robot, spider, scraper, or other automated means to access our Websites or Services for any purpose, or otherwise exceed reasonable use limits without our prior written permission;
build a product using similar ideas, features, functions, or graphics of the Service/Websites or copy any ideas, features, functions, or graphics of the Services/Websites;
claim that you are the representative or agent of any of the Services, including any of its functionality;
threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
attempt to gain unauthorized access to the Services, Accounts, computer systems, or networks connected to the Services through hacking, password mining, brute force, or any other means;
violate general ethical or moral norms, good customs, and fair conduct norms;
use the Services/Websites for anything other than lawful purposes;
consistently demonstrate unrespectful, threatening, offensive, and/or malicious behavior when communicating with HakoVPN customer support and/or other employees;
access and use the Services if you have been or are prohibited to access the Services, or if your Account has been suspended or terminated due to any reason;
share non-public features or content of the Software and/or Services with any third party;
to the extent permitted under applicable law, otherwise violate or attempt to evade, or circumvent these Terms.
You also shall not take any action to jeopardize, limit or interfere in any manner with our ownership and rights with respect to the Services. Except and to the extent that this is expressly permitted by applicable law and these Terms, you receive no right to and shall not yourself or enable others to: (i) reproduce, modify, create derivative works from, distribute, make available over network, publicly display, or publicly perform the Services, Software, or Websites; (ii) reverse engineer, decompile, disassemble, decrypt the Software, Services, Websites, or make any attempt to derive the code, trade secrets or other confidential information from the Services, Software, Websites; (iii) translate, adapt, arrange, or make any other alteration of the Services, Software, Websites, and reproduce the results thereof; (iv) transfer, distribute, lease, sublicense, or rent the Services, Software, Websites, and/or your rights granted under the License to any third party; (v) use the Services, Software, Websites in any manner that is not expressly permitted pursuant to the Terms; (vi) remove or modify markings or any notice of proprietary rights of the Services, Software, Websites.
We use tools to identify prohibited activities, such as web scraping, and minimize abuse of our Services. These tools are looking for irregular patterns when new sessions are initiated and if such patterns are noticed, it may result in Account suspension.
It is your responsibility to comprehend the relevant laws related to any jurisdiction or venue that concerns you, your actions and your use of the Services. You access and use the Services in your country on your own initiative, and you solely are responsible for complying with your local laws and regulations and the laws and regulations of any country with which or through which you communicate, transmit, or receive data, if and to the extent such laws are applicable.
License
Subject to your compliance with these Terms, HakoVPN grants to you a worldwide, non-exclusive, non-sublicensable, fully revocable, and limited license to download and use the Services. Modifying, distributing to unauthorized parties, reverse engineering, or otherwise using the Services in any way not expressly authorized by HakoVPN in these Terms is strictly prohibited.
Usage of any material that is subject to HakoVPN’s intellectual property rights is prohibited unless you have been provided with explicit written consent by HakoVPN . Nothing contained within or related to the Services or in these Terms shall be construed as granting, by implication or otherwise, any license or right to any of HakoVPN ’s intellectual property rights.
Content, Language and Translation, and Social Interactions
Much of our Content is originally written in English. Any translation of our Content is done on a best-effort basis. We do not guarantee the accuracy of translated Content.
We may from time to time post Content regarding our Services or other topics we believe may be of interest to you on our Site, on social media, in online discussion forums, on blogs, or in other electronic channels. In some instances, Subscribers and non-subscribers may express their opinion about the Content and interact with one another. You are solely responsible for all information, content, opinions, or materials you post on such channels. HakoVPN has no obligation to monitor such discussions, but we may do so at our absolute discretion, and we may delete any content posted therein. HakoVPN makes no representation and disclaims all liability, to the fullest extent permitted under the applicable laws, with respect to the information, content, opinions, or materials posted on said channels by Subscribers or non-subscribers.
Third-Party Websites
HakoVPN may provide you with content belonging to or operated by third parties or links leading to third-party websites. HakoVPN is not responsible for the availability of the content provided by third parties as they are not under the control or supervision of HakoVPN, and they may have different terms of use and policies. Your access through our Services to any website, service, or content provided by third parties does not indicate any relationship between HakoVPN and such third parties.
Partner Services
HakoVPN may from time to time provide access to or promotional offers for partner services, applications, or websites (“Partner Services”) as an added benefit to the Services. The Partner Services are not integrated or incorporated with the Services, and your interactions with any Partner Services are governed by their own applicable terms. Unless otherwise provided in these Partner Services’ Privacy Policies, HakoVPN will not share your personal information with any provider of Partner Services.
HakoVPN does not guarantee and is not responsible or liable for the behavior, features, or content of Partner Services or any transaction you may enter into with any provider of Partner Services, nor does HakoVPN warrant the compatibility or continuing compatibility of the Services with Partner Services. Your use of Partner Services is entirely at your own risk and discretion. Accordingly, any issues arising out of or in connection with your use of Partner Services shall be resolved directly between you and the provider of the Partner Services.
Disclaimers and Changes to Services
We will strive to prevent interruptions to the Site or the Services. However, these are provided on an “as-is” and “as-available” basis, and we do not warrant, either expressly or by implication, the accuracy of any materials or information provided through the Site or the Services, or their suitability for any particular purpose. To the fullest extent permitted under the applicable laws, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, or non-infringement. We do not make any warranty that the Services will meet your requirements, or that they will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. You acknowledge that you access the Site and/or the Services at your sole risk and discretion.
VPN service coverage, speeds, server locations, and quality may vary. HakoVPN will attempt to make the Services available at all times. However, the Services may be subject to unavailability for a variety of factors beyond our control, including but not limited to emergencies; third-party-service failures; transmission, equipment, or network problems or limitations, interference, or signal strength; and may be interrupted, refused, limited, or curtailed. We are not responsible for data, messages, or pages lost, not delivered, delayed, or misdirected because of interruptions or performance issues with the Services, communications services, or networks. We may impose usage or Service limits, suspend Services, terminate Accounts, or block certain kinds of usage at our sole discretion to protect HakoVPN, Subscribers, or the Services. The accuracy and timeliness of data received are not guaranteed; delays or omissions may occur.
We reserve the right to modify the Services, including by adding and removing features, as part of our ongoing commitment to update and improve the Services for all users. To the extent practicable, we will notify users in advance of any material changes to the Services. HakoVPN reserves the right to investigate matters we consider to be violations of these Terms. We may, but are not obligated to, at our sole discretion and without notice, remove, block, filter, or restrict by any means any materials or information that we consider to be actual or potential violations of the restrictions set forth in these Terms, and any other activities that may subject HakoVPN or our customers to liability. These rights include the right to terminate your Account or take any other legal measure provided by law. HakoVPN disclaims any and all liability for any failure on our part to prevent such materials or information from being transmitted over the Services and/or into your computing device.
Limitations of Liability
To the maximum extent permitted by applicable law, HakoVPN shall not be liable and shall not have responsibility of any kind to any Subscriber or other individual for any loss or damage incurred in the event of:
any failure or interruption of the Services;
any act or omission of any third party involved in making the Services or the data contained therein available to you;
any other cause relating to your access or use, or inability to access or use, any portion of the Site or its Content;
your interactions on the Services or discussion forums provided by HakoVPN ;
your failure to comply with the Agreement;
the cost of procurement of substitute goods or services; or
unauthorized access to or alteration of your transmissions or data, whether or not the circumstances giving rise to such cause may have been within the control of HakoVPN or of any third-party vendor providing software, services, or support for the Site or Services.
In no event will HakoVPN , its partners, affiliates, subsidiaries, members, officers, or employees be liable for any direct, special, indirect, consequential, or incidental damages, or for any other loss or damages of any kind, even if they have been advised of the possibility thereof. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification
You agree to indemnify, defend, and hold harmless HakoVPN, its officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of the Agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
Chargebacks
We reserve the right to immediately suspend access to the Services, without prior notice, in the event we receive notice of a Chargeback (as defined below). Contacting your bank or credit / debit card provider and rejecting, canceling or contesting the charge of any fees payable in connection with your use of the Services (a “Chargeback”) will be considered a breach of your payment obligations under these Terms. We also reserve the right (although we are not obliged) to dispute any Chargeback received in connection with your Account. We may choose to delete your Account and take reasonable steps to restrict your future access to our Services if we believe at our sole discretion that you have maliciously requested a Chargeback.
Choice of Law
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore, excluding its rules governing conflicts of law.
Dispute Resolution
By accepting these Terms and/or using the Services, you irrevocably agree that all disputes arising out of or relating to this Agreement or the use of the Services shall be finally settled by the applicable Courts located in Singapore.
Assignment
In the event that HakoVPN is acquired by, or merged with, a third-party entity, HakoVPN may, without your prior notice, assign the Agreement and its rights and obligations hereunder to a new corporate entity, who shall be bound by these same rights and obligations. The rights and obligations of the parties under the Agreement shall be binding upon and inure to the benefit of the successors and permitted assigns of the parties. Any assignment not in accordance with the Agreement shall be null and void.
Final Provisions
If any provision in the Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of the Agreement shall remain in full force and effect. Any failure to exercise or enforce any right or the provision of the Agreement shall not constitute a waiver of such right or provision, or be deemed to be a waiver of any subsequent breach or default.
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