These terms of service (the "Terms") govern your access to and use of "VPN Tomato" services, therefore we kindly ask you to carefully read them when visiting "VPN Tomato" website, before you register, download, install and use the "VPN Tomato" services, which include the "VPN Tomato" software, "VPN Tomato" mobile applications and any services that "VPN Tomato" ("we," "us," "our," or "VPN Tomato") provides through our software, application or otherwise (all of which collectively are referred as the "'VPN Tomato' Services"). "VPN Tomato" is provided by IronMeta
Please note that the Terms constitute a binding legal agreement between you and "VPN Tomato". By visiting the website, registering for, installing and/or using the "VPN Tomato" Services on any platform or device you agree to be bound by these Terms. It is only under these Terms that "VPN Tomato" allows visitors / users (the "users") to use "VPN Tomato" Services. If you do not agree to these Terms or any provisions hereof, please do not install and do not use our software, our mobile application and/or any of our products or services.
If you are using the "VPN Tomato" Services on behalf of an organization, you are agreeing to these Terms for that organization and acknowledging that you have the authority to act on behalf of that organization and commit to these Terms on behalf of that organization.
"VPN Tomato" Services are transitory digital network communications services, which enhance internet security and privacy. We do not condone any unlawful use of the "VPN Tomato" Services. "VPN Tomato" Services shall not be used for any criminal, illicit and illegal acts, and you accept and agree not to violate any law of any jurisdiction that you are originating from and any other applicable law. It is your (user’s) responsibility to know and comprehend any and all relevant laws related to any jurisdiction or venue that concerns you, your actions and your use of "VPN Tomato" Services.
"VPN Tomato" guarantees a strict no-logs policy for "VPN Tomato" services, meaning that your activities using "VPN Tomato" Services are provided by automated technical process, are not monitored, recorded, logged, stored or passed to any third party. We do not store connection time stamps, session information, used bandwidth, traffic logs, IP addresses or other communications data.
By using "VPN Tomato" Services, you agree to the whole "VPN Tomato" Terms of Service including all said general provisions incorporated by reference.
"VPN Tomato" may modify the Terms from time to time. The Terms are binding from the time that they are updated on our website. It is your responsibility to check and read current Terms periodically. The amendment of Terms may be communicated to you by sending an email and/or by publishing the updated Terms on the "VPN Tomato" website.
If you have questions or concerns regarding these Terms please contact us at vpntomato.support@ironmeta.com.
"VPN Tomato" Services are transitory digital network communications services, which enhance internet security and privacy. At your individual request and at your sole discretion we automatically provide unsupervised and non-monitored data conduit – virtual private network (VPN) connection – for your exclusive use, at your own risk and responsibility. You are solely and exclusively responsible for the use of the "VPN Tomato" Services. "VPN Tomato" will not be liable in any way or form for actions done by its users including criminal liability and civil liability for harm executed or not executed. "VPN Tomato" liability is further limited by other provisions of these Terms.
We grant you a permission to use the "VPN Tomato" Services subject to the restrictions set forth in these Terms. Your use of the "VPN Tomato" Services is at your own risk. The "VPN Tomato" Services may be modified, updated, interrupted or suspended at any time without notice or liability. We do not bear any liability for any harm or other adverse consequences to you, caused by this. "VPN Tomato", its owners, employees, agents and others that are involved with the "VPN Tomato" services are not in any way or form liable for any harm of any kind executed or not executed, resulting from or arising through or from the use of any account registered with "VPN Tomato" services.
"VPN Tomato" allows a maximum of one simultaneous connections per user. If you replace a new device or add a new device and start using our service, the connection on the old device will be temporarily unavailable until the new device stops using our service.
"VPN Tomato" guarantees a 99.9% service uptime. In any event, "VPN Tomato" shall not be liable for any loss, monetary or non-monetary harm beyond what the client paid to "VPN Tomato", and this shall not include attorney fees or court costs irrespective of any laws or statutes that prescribe otherwise.
"VPN Tomato" collects and processes very limited user data. Further information about user data processing is provided in the Privacy Policy and User Data section of the Terms.
"VPN Tomato" guarantees a strict no-logs policy for "VPN Tomato" Services, meaning that your activities using "VPN Tomato" Services are provided by automated technical process, are not monitored, recorded, logged, stored or passed to any third party. We do not store connection time stamps, session information, used bandwidth, traffic logs, IP addresses or other data.
"VPN Tomato" does not condone or endorse any unlawful, illicit, criminal or fraudulent activities perpetrated by using the "VPN Tomato" Services. Therefore, "VPN Tomato" reserves the right to suspend or terminate an account in case any violation of the Terms of Service becomes apparent. As "VPN Tomato" protects and respects customer privacy, it does not log or track their activity in any way. However, in the eventuality that "VPN Tomato" would find out about an offense outside of those means (i.e., a customer would notify "VPN Tomato" of them having done so), it would have the right to suspend or terminate the account.
Subject to the terms and conditions of these Terms, we grant you a limited, non-exclusive, personal, non-transferable, non-sublicensable, license to: (1) download and use a copy of the "VPN Tomato" software; and (2) use the "VPN Tomato" Services, including, without limitation, the products and services made available on or through the "VPN Tomato" software or our website. No other right or license of any kind is granted to you hereunder with respect to the "VPN Tomato" Services. The license provided herein is effective until terminated. This license automatically terminates if you fail to comply with these Terms.
The "VPN Tomato" Services, including, but not limited to, the "VPN Tomato" software, mobile application and all other items, are owned and copyrighted by "VPN Tomato", and are protected worldwide. We retain all right, title and interest in and to the "VPN Tomato" Services and any portion thereof, including, without limitation, all copyrights, trademarks, service marks, trade secrets and other intellectual property rights. You shall not take any action to jeopardize, limit or interfere in any manner with our ownership of and rights with respect to the "VPN Tomato" Services. All rights are reserved unless otherwise noted.
"VPN Tomato" Services may be used by persons aged at least 18 years old. You are disallowed to connect and use the "VPN Tomato" Services if you are a minor, a competitor of our business, if you have been or are prohibited to access the "VPN Tomato" Services, or if your account has been suspended or closed due to any reason.
Your access to and use of the "VPN Tomato" Services is subject to these Terms and all applicable laws and regulations. We reserve the right, at any time, in our sole discretion, with or without notice, to terminate the accounts of, and block access to the "VPN Tomato" Services to any users who infringe any applicable laws or these Terms.
While using the "VPN Tomato" Services you yourself agree not to, and agree not assist, encourage, or enable others to use the "VPN Tomato" Services:
for 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 e-mail 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, military and dual use goods, offer or sale of controlled substances, identity theft, hacking, pharming, phishing, scraping in any form or scale, digital piracy, intellectual property infringements and other similar activities;
to assault, interfere, gain unauthorized access, deny service in any way or form to any other network, computer or node through "VPN Tomato" Services;
to exploit children in any way, including audio, video, photography, digital content, etc.;
to upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
to interfere with or attempt to interfere with the proper working of the "VPN Tomato" Services, any transactions being offered in connection with the "VPN Tomato" Services or any other activities conducted by us, disrupt our website or any networks connected to the "VPN Tomato" Services, or bypass any measures we may use to prevent or restrict access to the "VPN Tomato" Services;
to exploit the "VPN Tomato" Services in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity;
to use any robot, spider, scraper, or other automated means to access our website or "VPN Tomato" Services for any purpose without our prior written permission;
to collect or harvest personal information about other users of the "VPN Tomato" Services;
to collect or harvest personal data of individuals, without legitimate interest or consent, or in violation of any applicable law;
to take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure;
to share any data or other content with any unreasonably large number of persons, including without limitation sending blast communications to a large number of recipients or sharing content with persons you do not know or who do not know you;
to represent that you are the representative or agent of any of the "VPN Tomato" Services, including any of its functionality;
to incorporate the "VPN Tomato" Services or any portion thereof into any other program or product;
to copy or reproduce, in any form or by any means, any part of the "VPN Tomato" Services;
to modify, translate, reverse engineer, decompile, disassemble, or create any derivative works based on the "VPN Tomato" Services, including any of its files or documentation, or any portion thereof, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the "VPN Tomato" application or any portion thereof;
to violate general ethic or moral norms, good customs and fair conduct norms;
to violate any third party’s rights, including any breach of confidence, personal data, copyright or any other intellectual property or proprietary right;
to threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
to attempt to manipulate the "VPN Tomato" name, services or products;
to solicit or harvest personal information from or communicate with minors;
attempt to gain unauthorized access to the "VPN Tomato" Services, user accounts, computer systems or networks connected to the "VPN Tomato" Services through hacking, password mining, brute force or any other means;
to use the "VPN Tomato" Services for any military purpose, including cyberwarfare, weapons development, design, manufacture or production of missiles, nuclear, chemical or biological weapons;
to otherwise infringe or circumvent these Terms.
We reserve the right to refuse service, suspend accounts or limit access to the "VPN Tomato" Services in our sole discretion. Such suspension or access limitation may be implemented by "VPN Tomato" instantly and without any indication, notice or refund. We may suspend your account for clarification, investigation or request you to explain your actions and provide additional information. If your account has been suspended, you must contact us for further information. We may suspend your user account for a reasonable period of time before we terminate a user account permanently.
We are under no obligation to enforce the Terms against you. We encourage you to let us know about the violation of these Terms by any "VPN Tomato" users; however, in case of such violations we may take appropriate action at our sole discretion.
You agree to read our Privacy Policy, which explains what type of information we collect and what might happen to that information, including, without limitation, how such information is shared and used. Our Privacy Policy contains information that you should review prior to using the "VPN Tomato" Services. Our Privacy Policy will apply to the information we collect, whether or not you choose to read it.
Reasonable efforts are taken to improve the accuracy and integrity of the "VPN Tomato" Services, but we are not responsible for downtime, loss of data, corrupt data, service delay, mistakes, out-of-date information, or other errors. Notwithstanding any other provision of these Terms, we reserve the right to change, suspend, remove, or disable access to the "VPN Tomato" Services, or any functionality comprising a part of the "VPN Tomato" Services at any time without notice. In no event will we be liable for making these changes. As a user in good standing, you may be provided with limited service by "VPN Tomato". We do not warrant, and will not have any liability or responsibility for your use of "VPN Tomato" Services or other the products or services we provide. We may also impose limits on the use of or access to the "VPN Tomato" Services, for any reason and without notice or liability. Our website, products and services may be unavailable from time to time due to human, digital, mechanical, telecommunication, software, and other failures. We cannot predict or control when such downtime may occur and cannot control the duration of such downtime.
THE "VPN Tomato" SERVICES (INCLUDING, WITHOUT LIMITATION, OUR SOFTWARE, MOBILE APPLICATIONS, SERVICES AND WEBSITE) ARE PROVIDED "AS IS" AND WITH ALL FAULTS. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE "VPN Tomato" SERVICES. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR USE OF THE "VPN Tomato" SERVICES, AND WE DO NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE OF THE "VPN Tomato" SERVICES. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE "VPN Tomato" SERVICES AND FOR ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE "VPN Tomato" SERVICES WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, NOR THAT THE "VPN Tomato" SERVICES WILL BE AVAILABLE FOR YOUR ACCESS OR USE, NOR THAT OPERATION OF THE "VPN Tomato" SERVICES WILL BE ERROR FREE OR UNINTERRUPTED. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER JURISDICTION.
We shall not be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, failures of your telecommunication or internet service providers, Force Majeure, earthquakes, fires, floods, embargoes, labor disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.
There are inherent risks in relying upon, using, transmitting or retrieving any data and/or content on the Internet, and we urge you to make sure you understand these risks before using the "VPN Tomato" Services.
YOUR USE OF THE "VPN Tomato" SERVICES IS AT YOUR OWN RISK. NEITHER "VPN Tomato" NOR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES, NOR ANY OF THEIR EMPLOYEES, OFFICERS OR DIRECTORS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF BUSINESS, LOST PROFITS, INTERRUPTION OF BUSINESS, COST OF COVER OR ANY OTHER DAMAGES) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE "VPN Tomato" SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE THE LIABILITY OF "VPN Tomato" SHALL NOT EXCEED WHAT THE CLIENT PAID TO "VPN Tomato", AND SHALL NOT INCLUDE ATTORNEY FEES OR COURT COSTS IRRESPECTIVE OF ANY LAWS OR STATUTES THAT MAY PRESCRIBE OTHERWISE.
You agree, at your own expense, to indemnify, defend and hold harmless "VPN Tomato", its parents, subsidiaries and affiliates, and their officers, directors, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees, expert witness fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms, your use of the "VPN Tomato" Services, or any of your other acts or omissions.
The "VPN Tomato" Services are not geographically limited; however, we make no representations or warranties that the "VPN Tomato" Services are appropriate for use or access in your location and jurisdiction.
You access and use the "VPN Tomato" Services in your country on your own initiative and you solely are responsible for complying with your local laws and regulations, if and to the extent such laws are applicable. We reserve the right to limit, in our sole discretion, the availability of the "VPN Tomato" Services or any portion thereof, to any person, entity, geographic area, or jurisdiction, at any time.
You consent to receive communications from us electronically, e.g. by email, application messages, etc. We will communicate with you through the email or application messages when you feedback. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may communicate to you for the purpose of advising you of changes or additions to the "VPN Tomato" Services, about any of our products or services, or for such other purposes that are reasonable or required by applicable law.
In the case where we decide to end our softwares and/or services, we will notify you 1 year before we shutdown our software and/or services. Mean while, any updates (including but not limited to security updates) are available until the softwares and/or services reach its end-of-life.
We reserve the right to modify and update these Terms at Our sole discretion, at any time, for any or no reason, and without liability, as indicated below. The amendment of Terms may be communicated to you by sending an email and/or by publishing the updated Terms on the "VPN Tomato" website.
We also reserve the right to modify, update, or suspend the operation of the "VPN Tomato" Services at our sole discretion, at any time, for any or no reason, and without notice or liability.
All users of "VPN Tomato" Services are obliged to ensure that they are familiar with the most current wording of the Terms. The change of the Terms may be communicated to you by publishing the updated Terms on "VPN Tomato" website, where the date of the most current wording of the Terms is indicated at the top of the web page. Since you agree to be bound by these Terms each time you use the "VPN Tomato" services, please consider reviewing the Terms each time you use the "VPN Tomato" services. Each update of the Terms comes into force as of the moment when it is published on this web page. You understand and agree that any continued use and access to the "VPN Tomato" Services after any updates to these Terms are published, means that you voluntarily agree to be bound by the updated Terms.
The Terms constitute an agreement between you and us regarding the use of the "VPN Tomato" Services. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
You may not assign or transfer your rights or obligations under these Terms to any third party.
These Terms and your use of the "VPN Tomato" Services are governed by the laws of Singapore, without regard to its choice of law provisions. You agree that the courts of general jurisdiction located in Singapore, will have exclusive jurisdiction over any and all disputes arising out of or relating in any way to these Terms or the "VPN Tomato" Services.
If you have questions or concerns regarding these Terms please contact us at vpntomato.support@ironmeta.com.
