PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THIS SERVICE. BY SELECTING THE “REGISTER” CHECKBOX, YOU AGREE TO THE TERMS OF THIS AGREEMENT WHICH WILL BIND YOU.

Welcome to the TunaVPN website and/or TunaVPN IOS and Android mobile application (our “Service”). This agreement applies as between you, the User of this Service and TunaVPN (“we” or “us”), the provider(s) of this Service. Your agreement to comply with and be bound by these Terms of Service is deemed to occur upon your first use of the Service. If you do not agree to be bound by these Terms of Service, you should stop using the Service immediately.

You agree that by accessing the Service, you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Service and you must discontinue use immediately.

These Terms of Service (the “Terms”) constitute a legal agreement between you and us governing the use of TunaVPN. We license use of TunaVPN to you on the basis of these Terms. We do not sell TunaVPN to you, and we remain the owner of TunaVPN at all times.

IMPORTANT NOTICE TO ALL USERS:

  • The terms of this agreement include, in particular, limitations on liability and an indemnity.
  • If you do not agree to the terms of this agreement, we will not license use of TunaVPN to you, and you must not use TunaVPN.
  • Depending on the version of the Application you have downloaded, these App Terms incorporate Apple’s or Android’s Terms of Service and privacy policies (“Service Terms”). If there is any conflict between these Terms and the Service Terms, then these Terms will prevail.
  • We may from time to time vary these Terms. Please check these Terms regularly to ensure you are aware of any variations made by us. If you continue to use this Service, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use the Service.
  1. Intellectual Property

1. All Content included on the Service, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of TunaVPN, our affiliates or other relevant third parties. By continuing to use the Service you acknowledge that such material is protected by applicable United States and International intellectual property and other relevant laws.

2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Service unless otherwise indicated on the Service or unless given express written permission to do so by TunaVPN.

3. You acknowledge that all intellectual property rights in TunaVPN anywhere in the world belong to us, that rights in TunaVPN are licensed (not sold) to you, and that you have no rights in, or to, TunaVPN other than the right to use them in accordance with these Terms.

4. Any intellectual property rights in content uploaded by you to TunaVPN shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the Service.

5. You acknowledge that you have no right to have access to TunaVPN in source code form.

6. You must not modify the paper or digital copies of any materials you have printed off or downloaded from TunaVPN in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

7. You must not use any part of the content on TunaVPN for commercial purposes not specified on TunaVPN without obtaining a license to do so from us or our licensors.

8. If you print off, copy or download any content on TunaVPN in breach of this Agreement, your right to use TunaVPN will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made.

  1. Use of TunaVPN

1. The provisions set out in these Terms govern your access to and your use of TunaVPN and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use TunaVPN.

2. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable license to use TunaVPN on these Terms.

3. By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using TunaVPN, you agree and acknowledge that:

a) you have read the terms set out in these Terms and agree to be bound by and comply with them; and

b) you shall ensure that all Users of your Account abide by these Terms.

4. You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorized to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.

5. We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to TunaVPN or your Account at any time, or remove or edit content on TunaVPN or on any of our affiliated websites (including social media pages).

6. We reserve the right to change, modify, suspend or discontinue any portion of the Services, TunaVPN or any other products, services, and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.

7. Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, TunaVPN or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.

  1. Account and Password

1. The Services are provided to you via a dedicated account and is limited to up to 3 different devices at any given time.

2. You’re responsible for keeping your credentials confidential. You’re also responsible for any use of any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts.

3. You are solely responsible for any losses, damages, fees or liability due to your lost, stolen, hacked or otherwise compromised credentials.

4. We don’t have access to your current password, and for security reasons, we may only reset your password to do so please contact us.

  1. Subscription

1. You become a subscriber to TunaVPN by completing the registration of an Account.

2. Some Services may require payment of subscription fees and/or other ad-hoc or ancillary fees before you can access or use them (“Fees”). These Fees will be notified to you through TunaVPN.

3. If you purchase a recurring subscription from us, the subscription period for your Account shall be renewed automatically at the expiry of each subscription period, until terminated successfully through TunaVPN. By purchasing the recurring subscription, you authorize us or our related corporations to automatically charge the Fees:

a) upon the commencement of your first subscription period, upon expiration of any applicable trial period or at a date otherwise indicated by us; and

b) on the renewal date of the subscription period thereafter, without any further action by you.

4. Any Fees due in relation to your Account must be paid by their due date for payment, as notified to you through TunaVPN or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to your Account and/or TunaVPN or any of the Services.

5. Our Fees may be amended from time to time at our discretion. We will provide you reasonably advanced written notice of any amendment of recurring Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees.

6. You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms.

7. All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third-party payment methods. We shall not be liable for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.

8. We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.

9. Unless otherwise notified in writing by us, termination of your Account for any reason whatsoever shall not entitle you to any refund of the Fees. If you cancel your subscription to TunaVPN, you may continue to access your Account until the expiry of the subscription period in which the cancellation occurred.

10. We may at our sole and absolute discretion, offer a refund of Fees for a particular subscription period where no actions have been taken in respect of your Account during that subscription period and you have notified us in writing of your intention to terminate your subscription within three (3) days of the due date for payment for that subscription period.

  1. Nonexclusive license

1. TunaVPN grants You a limited, revocable, non-exclusive, non-sub-licensable license to install, copy and use the Service solely as necessary for You to use the Service on Your Properties or Third Party's Properties; and

2. You will not (and You will not allow any third party to:

a) copy, modify, adapt, translate or otherwise create derivative works of the Software or Documentation;

b) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service, except as expressly permitted by the law in effect in the jurisdiction in which You are located;

c) rent, lease, sell, assign or otherwise transfer rights in or to the Service;

d) remove any proprietary notices or labels on the Service or placed by TunaVPN;

e) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or TunaVPN; or

f) use data labelled as belonging to a third party in the Service for purposes other than generating, viewing and downloading Reports. You will comply with all applicable laws and regulations in Your use of and access to TunaVPN and Service.

  1. Mobile Application License

1. If you access the Service via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the Terms of Service of this mobile application License contained in these Terms of Service.

2. You shall not:

a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;

b) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;

c) violate any applicable laws, rules, or regulations in connection with your access or use of the application;

d) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;

e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;

f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;

g) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;

h) use the application to send automated queries to any Website or to send any unsolicited commercial e-mail;

i) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

  1. Apple and Android Devices

1. The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Service:

a) the License granted to you for our mobile application is limited to a non-transferable License to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;

b) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the Terms of Service of this mobile application License contained in these Terms of Service or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;

c) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;

d) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;

e) you must comply with applicable third-party terms of agreement when using the mobile application, then you must not be in violation of their wireless data service agreement when using the mobile application;

f) you acknowledge and agree that the App Distributors are third-party beneficiaries of the Terms of Service in this mobile application License contained in these Terms of Service, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service in this mobile application License contained in these Terms of Service against you as a third-party beneficiary thereof.

  1. Advertisers And Affiliates

1. We allow advertisers and affiliates to display their advertisements and links and other information in certain areas of the Service. If you are an advertiser or affiliate, you shall take full responsibility for any advertisements you place on the Service and any services provided on the Service or products sold through those advertisements.

2. We simply provide the space to place such advertisements and links, and we have no other relationship with advertisers and affiliates.

  1. Reliance on Information

1. The Service is intended to provide general information and entertainment only and, as such, should not be considered as a substitute for advice covering any specific situation. You should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in the Service.

2. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

  1. Restrictions

1. Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:

a) not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, TunaVPN or any of the contents therein for any commercial or other purposes;

b) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of TunaVPN nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, TunaVPN or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;

c) not to provide or otherwise make available TunaVPN in whole or in part (including but not limited to listings, object and source listings, object code and source code), in any form to any person without prior written consent from us;

d) to include our copyright notice on all entire and partial copies you make of TunaVPN on any medium;

e) to comply with all applicable technology control or export laws and regulations; and

f) not to disrupt, disable, or otherwise impair the proper working of the Services, TunaVPN or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.

  1. Prohibited uses

1. You may use TunaVPN only for lawful purposes. You may not use TunaVPN:

a) in any way that breaches any applicable local or international laws or regulations;

b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

c) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

2. You also agree:

a) not to reproduce, duplicate, copy or re-sell any part of TunaVPN in contravention of the provisions of our Terms; and

b) not to access without authority, interfere with, damage or disrupt:

c) any part of TunaVPN;

d) any equipment or network on which TunaVPN is stored;

e) any software used in the provision of TunaVPN; or

f) any equipment or network or software owned or used by any third party.

  1. Service Management

1. We reserve the right, but not the obligation, to:

a) monitor the Service for violations of these Terms of Service;

b) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities;

c) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;

d) in our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;

e) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.

  1. Privacy

1. For the purposes of applicable data protection legislation, TunaVPN will process any personal data you have provided to us in accordance with our Privacy Policy available on the TunaVPN website at www.tunavpn.com.

2. You agree that, if you have provided TunaVPN with personal data relating to a third party (a) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to TunaVPN and (b) that you have brought to the attention of any such third party the Privacy Notice available on the TunaVPN’s website or otherwise provided a copy of it to the third party. You agree to indemnify TunaVPN in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

  1. Modifications to Terms of Service and Other Policies

1. TunaVPN may modify these terms or any additional terms that apply to the Service to, for example, reflect changes to the law or changes to the Service. You should look at the terms regularly. TunaVPN will post notice of modifications to these terms, or other policies referenced in these terms at the applicable URL for such policies.

2. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted. If You do not agree to the modified terms for the Service, You should discontinue Your use of TunaVPN.

3. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of TunaVPN, (ii) You accept updated terms online, or (iii) You continue to use the Service after TunaVPN has posted updates to the Agreement or to any policy governing the Service.

  1. Modifications And Interruptions

1. We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on TunaVPN. We also reserve the right to modify or discontinue all or part of the Service without notice at any time.

2. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

3. We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors.

4. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service.

5. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.

  1. Corrections

There may be information on the Service that contains typographical errors, inaccuracies, or omissions that may relate to the Service, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Service at any time, without prior notice.

  1. Availability of the Service

1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

2. TunaVPN accepts no liability for any disruption or non-availability of the Service resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

  1. Disclaimers

1. TunaVPN makes no warranty or representation that the Service will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of TunaVPN.

2. No part of this Service is intended to constitute advice and the Content of this Service should not be relied upon when making any decisions or taking any action of any kind.

3. The Service is provided on an as-is and as-available basis.

4. You agree that your use of the Service and TunaVPN will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Service and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Service’s content, or the content of any website linked to the Service, and we will assume no liability or responsibility for any

a) errors, mistakes, or inaccuracies of content and materials,

b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service,

c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,

d) any interruption or cessation of transmission to or from the Service,

e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or

f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Service.

5. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.

6. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

  1. User Data

1. We do not collect logs of your activity, including no logging of browsing history, traffic destination, data content, or DNS queries.

2. We also never store connection logs, meaning no logs of your IP address, your outgoing VPN IP address, connection timestamp, or session duration.

3. We do not log your VPN sessions, browsing behavior, the websites you visit, or any other activity related to your VPN connection. In addition, we never store VPN connection logs and timestamps that associate your incoming and outgoing IP address or session duration.

4. We will maintain certain data that you transmit to the Service for the purpose of managing the Service, as well as data relating to your use of the Service. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service.

5. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

  1. Limitation of liability

1. We are not liable for the completeness, accuracy or correctness of any information uploaded to TunaVPN and any Related Content. You expressly agree that your use of the Services and TunaVPN, including reliance on any Consultant’s Advice, is at your sole risk.

2. You agree not to use the Services, TunaVPN and the Related Content for any re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, TunaVPN or any other website or software) for:

a) loss of profits, sales, business, or revenue;

b) business interruption;

c) loss of anticipated savings;

d) loss or corruption of data or information;

e) loss of business opportunity, goodwill or reputation; or

f) any other indirect or consequential loss or damage.

3. Nothing in these Terms shall limit or exclude our liability for:

a) death or personal injury resulting from our negligence;

b) fraud; and/or

c) any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.

4. TunaVPN is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.

5. These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and TunaVPN. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and TunaVPN which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

  1. Indemnity

You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of TunaVPN, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.

  1. Electronic Communications, Transactions, And Signatures

1. Visiting the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing.

2. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Service.

3. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

  1. Binding Arbitration

1. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

2. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA Web Site www.adr.org.

3. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.

4. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party.

5. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law.

  1. Affiliate Disclaimer

1. TunaVPN is a participant in Affiliate and Associates Programs, an affiliate advertising program is designed to provide a means for sites to earn advertising fees by advertising and linking to the website of an Affiliate or Associate.

2. TunaVPN may contain affiliate marketing links, which means we may get paid commission on sales of those products or services.

3. You will never be charged a fee through one of our affiliate links. You may get a discounted rate of the relevant affiliates services and we will make a small commission. Our editorial content is not influenced by advertisers or affiliate partnerships.

  1. Class Action Waiver

The parties agree that (i) no arbitration proceeding hereunder whether a consumer dispute or a business dispute shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. The parties agree to arbitrate a consumer dispute or business dispute on an individual basis and each waives the right to participate in a class action.

  1. Waiver of Jury Trial

Each of the parties hereto hereby irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or related to this agreement or the transactions contemplated hereby.

  1. No Waiver

In the event that any party to these Terms of Service fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

  1. Previous Terms of Service

In the event of any conflict between these Terms of Service and any prior versions thereof, the provisions of these Terms of Service shall prevail unless it is expressly stated otherwise.

  1. Law and Jurisdiction

These Terms of Service and the relationship between you and TunaVPN shall be governed by and construed in accordance with the Law of the United States and TunaVPN and you agree to submit to the exclusive jurisdiction of the Courts of Wyoming.