Terms of Service
Welcome to Multilogin!
Multilogin provides virtual browser profile services, including creating, managing, sharing and using various browser profiles in one or several devices, controlling browser and device fingerprints and related services as described further on our website (“Site”) at https://multilogin.com.
We offer our Site, including all the information, tools and services available from the Site, conditioned upon your acceptance of all the terms, conditions, policies and notices stated in our Terms of Service (“Terms”), including those incorporated policies available by hyperlink. Our Software Application (“Application”) has additional terms of service for those using the Application. If you object to our Terms, your recourse shall be to cease using our Site, Service and Application.
The Site, Services and Application are operated by Multilogin Software OÜ.
Throughout the Terms “Multilogin”, “we”, “us” and “our” refer to Multilogin Software OÜ.
It is always best in case of technical support to contact our customer support directly at [email protected]
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Please see the Time These Terms Enter Into Effect part of these Terms, at the end of this page.
1 SECTION - GENERAL CONDITIONS
1.1 We, as the pioneers of the industry, have developed our Site, Service and Application.
1.2 By using Multilogin’s Site you agree to be bound by our legally binding Terms.
1.3 By registering an account, purchasing something from us or subscribing for services (signing up for a pricing plan) or using our Application, you engage in our “Service” or “Services” and agree to be bound by our legally binding Terms.
1.4 Our Application has additional terms of service that apply separately to the users of the Application and are available to the users of the Application when accessing the software.
1.6 Our Terms apply to all users of our Site, Services and Application, including without limitation, to users who are visitors, customers, merchants, and/ or contributors of content etc.
1.7 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, Service or Application or any contact on the Site, Service or Application which we provide, without express permission from Multilogin.
1.8 We may suspend or refuse service to anyone for any reason at any time who does not follow the rules set in our Terms.
1.9 You may not use our Site, Services or Application for any unlawful purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright laws) or the governing laws of the Republic of Estonia.
1.10 As a user you agree that you are responsible for compliance with any applicable local laws that may apply to your use of our Site, Services and Application.
1.11 We hereby disclaim any and all liability to you or any third party relating to your use of the Site, Service and Application.
1.12 In case unlawful activities are discovered or reported, or if we are so instructed to do by competent law enforcement authorities, we may without notice temporarily or permanently suspend or discontinue the use of the Site or Services to the infringer conducting the unlawful activities. By conducting unlawful activities the possibility to export any data collected by the infringer is lost. Depending on the circumstances of the activities, we shall retain the right to decide on a case-by-case basis to allow or deny data export.
2 SECTION - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
2.1 The material on our Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information with our customer support at [email protected]. We are not responsible if information made available on our Site is not accurate, complete or current. Any reliance on the material on our Site is at your own risk.
2.2 Our Site may contain certain historical information (e.g. articles, instructions or other media that have been accurate on the date of publishing on the Site, but rendered obsolete due to changes later on in legislation or to the improvement of the Service or Application). Such historical information, necessarily, is not current and is provided for your reference only.
2.3 We reserve the right to modify the contents of our Site and Service at any time, but we have no obligation to update any information on our Site and Service. You agree that it is your responsibility to monitor changes to our Site and Service. We do our best to publish any new information about the Site and Services by the Site or by e-mail or the Application.
2.4 In course of providing the Services, we may provide tutorials and other educational information regarding using the Application or Services (“Educational Material”). We do not guarantee the accuracy and make no warranties about such Educational Materials – they are for informational purposes only.
2.5 We may at all times and without prior notice, make functional, procedural or technical changes or improvements to the Site or Service, including the Application. We may, but in no circumstances are obliged to adjust, add or remove any specific functionality.
3 SECTION - THE SERVICES
3.1 We provide virtual browser profile services, including creating, managing, sharing and using various browser profiles in one or several devices, controlling browser and device fingerprints by the Application. Services are described further on our Site.
3.2 We reserve the right to limit the sales of our Services to any person, geographic region or jurisdiction at our discretion. We may exercise this right on a case-by-case basis.
3.3 We reserve the right to limit the quantities of any service that we offer.
3.4 We warrant the quality of our Services and do what is possible to meet your expectations.
3.5 To sign up for an account, you can be a natural person or you can sign up as representing a legal person. Either way you need to be at least 18 years old.
4 SECTION - MODIFICATIONS TO THE SERVICES, SERVICE OUTAGE AND REFUND CLAIM FOR SERVICE OUTAGE
4.1 We reserve the right to temporarily or permanently, modify, suspend or discontinue the Site, Services or Application (or any part or respective content thereof) without prior notice.
4.2 We reserve the right to refuse access to the Site or Service to anyone for any reason at any time. Explanations for the reasons of suspension or refusal of service may or may not be given depending on the circumstances and cannot be demanded from us.
4.3 We may from time to time limit access to our Site and Service do to maintenance and updates at our discretion.
4.4 We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Site, Service or content.
4.5 We are not responsible for a service outage caused by user’s third-party datacenters or internet service providers’ (ISP) or a user’s preferred particular ISP’s servers, routers, networks etc failures or connectivity problems caused thereof.
4.6 We only refund claims for compensation for service outages that lasted over 24 hours and were caused by issues on our side. These include, but are not limited to e.g. unexpected back-end under- or non-performance, power outages, fluctuations in our networks etc. The compensation is proportional and the amount depends on the subscription plan (price) and the time the particular service outage lasted.
4.7 Refund claims for compensation for service outage must be sent to [email protected] within 14 days of the occurrence. Please see the Refund Claim for Service Outage.
4.8 We of course honor refund claims for outages caused by issues on our side. Refunds for other reasons are issued at our discretion and may be accepted or rejected as such.
5 SECTION - PRICES AND VALUE ADDED TAX
5.1 Standard subscription possibilities to our Services are listed on our Site.
5.2 Prices for our Services are subject to change without notice.
5.3 All descriptions of pricing can change at anytime at our sole discretion.
5.4 In case pricing changes, an active subscription will continue as it is for the remaining time until the end of the subscription billing cycle unless instructed by Multilogin or otherwise.
5.5 Any offer for any service made on our Site is void where such a service is prohibited.
5.6 Depending on the type of user and place of residence/ establishment, when subscribing to our Service, Value-Added Tax (VAT) may be chargeable. If VAT is chargeable, it will be added to the price.
5.7 Some European Union (EU) countries may opt to apply COVID-19 VAT rate changes. At the moment e.g. Estonia has a standard VAT rate of 20%, Finland 24%, Denmark and Sweden 25%, so take notice that VAT rates differ within the EU.
5.8 To determine, if VAT is applicable according to the Value-Added Tax Act (VATA), the place of supply and type of person subscribing needs to be identified accordingly:
5.9 As not all legal persons are liable to a VAT identification number, we use the VAT identification number search of the Estonian Tax and Customs Board to determine if the domestic user has an Estonian VAT identification number or if the user is from another EU country, we use the European Commission VIES (VAT Information Exchange System) to determine if the user has a valid VAT number in its place of establishment.
5.10 More information on pricing and VAT is available on our Pricing page, COUNCIL DIRECTIVE 2006/112/EC, Value-Added Tax Act or contact customer support at [email protected] for details.
6 SECTION - CREATING A SITE ACCOUNT AND LOGIN
6.1 On our Site, a user can create a Site account to subscribe to a service plan.
6.2 You need to have a working email and set a password for the Site account.
6.3 You are responsible for maintaining the confidentiality of your e-mail login credentials.
6.4 After registering, you can from then on login to your account at our Site with the email and password you provided during the creation of the Site account. The information you give us has to be accurate, current and complete.
6.5 If you lose your Site account password, it can be reset as long as you have control over the e-mail address you used for registration. More information can be found on our Site or contact customer support at [email protected].
7 SECTION - CREATING AN APPLICATION ACCOUNT AND LOGIN TO THE APPLICATION
7.1 Creating an Application account is done via the Application. You need to have a working email and set a master password of your choosing. When you do that, the information you give us has to be accurate, current and complete.
7.2 Do not use either an invalid or fictitious non-existing email as we need to be able to contact you by email to provide confirmation of your account registration and go through the two-step install procedure of the Application. Using someone else’s email is not prohibited if you have the rights or permission to use such an e-mail, but keep in mind that such an email could diminish your account security. You must ensure that your email address is kept accurate and up-to-date at all times.
7.3 You can access the Application account with your master password later on. To use the functionalities of the Application, an active subscription plan is required.
8 SECTION - TWO-STEP VERIFICATION OF REGISTRATION IN THE APPLICATION
8.1 The Application will ask during registration an activation code to complete the registration procedure. This code is generated by us and e-mailed to the address that you submitted while creating an Application account. Just enter the activation code from the email to the application to continue.
9 SECTION - PASSWORD SECURITY OF THE APPLICATION ACCOUNT
9.1 You are responsible for all the activities on your account, and for keeping your set password for the application confidential.
9.2 We cannot stress enough and urge you to save your set account password in multiple secure places. Your password is the key that encrypts your session data (cookies, tabs, local storage etc). If you forget or lose your set master password, you will not be able to access your data stored on our server. It is encrypted; there are no “back doors”, no “plan B”. If you lose the master password, you have lost your data.
9.3 You are responsible for maintaining the confidentiality of your e-mail login credentials and Application master password and are fully responsible for all activities that occur through the use of your credentials using the Service.
9.4 You agree to notify customer support at [email protected] at once, if you believe the confidentiality or your login credentials have been compromised or if you suspect unauthorized use of the Application or Service on your-behalf. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials to you or any other third party.
9.5 Remember that if you lose your master password, you can reset it, but you are not able to decrypt tabs, cookies and other personal data stored. However, you will retain access to a browser profile list, browser profile configuration settings and the account itself.
Caveat emptor ("Let the buyer beware") – You have been warned!
10 SECTION - SUBSCRIPTION PLANS
10.1 After installing the Application and setting up an Application account, you can choose a suitable standard subscription plan. The fees and features of each subscription plan are described on the Pricing page on our Site.
If you need a custom solution, do not hesitate to contact our customer support at [email protected] for custom subscription plan needs and further possibilities.
11 SECTION - COMMENCEMENT, RENEWAL AND CANCELLATION OF SUBSCRIPTION
11.1 All orders for subscriptions will be reviewed and approved manually.
11.2 By subscribing to our Service, you give us express consent for the commencement of the delivery of the Service before the end of the 14-day period of the right of withdrawal from contract. In doing so you acknowledge that you lose the right of withdrawal giving such a consent. The consent is considered received by us when you subscribe to our Service.
11.3 We value our customers and strive for customer satisfaction. To make the experience of our Service even more enjoyable, we have opted for the subscription to automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team at [email protected]
11.4 Of course, you may opt out of auto-renewal on your subscription immediately after the subscription starts if you do not want it to auto-renew. Your paid subscription will continue until the end of the billing cycle.
11.5 Do not worry, as canceling auto-renewal of a paid subscription plan does not automatically delete your Application account. Your data will be preserved and you are able to use the Services for the time remaining.
11.6 You may cancel a paid subscription. In the case of a cancellation, your paid subscription will be terminated from the time we receive the notice. We reserve up to 14 days to proceed a refund counting from the refund request date. Keep in mind that when you terminate a subscription you will not be able to continue using the Service. The Application will remain without a subscription and your data will not be preserved forever (we will try, but not warrant, to preserve the data for 3 months after subscription termination).
11.7 Cancellation refunds are made from the amount paid and we may use the original currency (except crypto currency) or Euros, regardless of the exchange rate or current market value at the day of the cancellation. The exchange rate or market value of the refund day is used if currency conversion is required.
11.8 If a subscription was paid in a crypto currency, cancellation refunds are made in Euros using CoinMarketCap aggregated exchange rates at the refund day.
11.9 Refunds for the remaining time of the Service are available only on request, but calculated proportionally to the used time and the amount depends on the subscription plan (price) and the time the subscription is terminated. Contact customer support at [email protected] for peculiarities as each circumstance may differ.
12 SECTION - TEAM MEMBER APPLICATION ACCOUNTS
12.1 Some subscription plans may grant the right to create team member accounts in the Application, entitling a specific number of additional users to access the browser profiles of the main account (the paid subscriber), without the team member Application accounts themselves having to purchase a subscription plan.
12.2 In order to assign team member Application accounts, please follow the instructions described in the Application and on the Site.
12.3 The extent of rights granted to team member Application accounts will be determined by the main account user.
12.4 These Terms apply to team member Application account users similarly to the main account user, but to the extent that is applicable.
12.5 Upon cancellation of the subscription plan or deletion of the main account, the access rights of the team member Application accounts will terminate.
13 SECTION - DELETING AN ACCOUNT
13.1 A user can delete an account of our Site or Application at any time.
13.2 These Terms survive the termination of an account.
13.3 We will delete all your account information, except for the minimum what is needed for meeting and the fulfillment of the accounting obligation to tax authorities as set by applicable laws.
13.4 Please be advised that upon deleting an Application account, all data created within your account and team member Application account - including sessions, their parameters, opened tabs and software configuration parameters - will be deleted in 3 months time and not recoverable thereafter even if you later on decide to re-subscribe - you have to sign up again, and start all over. If explicitly requested, we will delete all the data immediately.
13.5 Upon deleting your Application account, your paid subscription will be canceled in accordance with the Cancellation part of these Terms. Also see the Termination of these Terms for more details.
14 SECTION - ACCURACY OF BILLING AND ACCOUNT INFORMATION
14.1 We reserve the right to refuse any subscription you place with us if the provided billing and account information is intentionally wrong or maliciously misleading.
14.2 We may, in our sole discretion, limit or cancel the order, change the quantities subscribed per person, per entity or per order. These restrictions may include subscriptions placed by or under the same customer account, the same credit card, and/ or orders that use the same billing and/ or shipping address.
14.3 In the event that we make a change to or cancel a subscription, we may attempt to notify you by contacting the e-mail and/ or billing address provided at the time the subscription was made.
14.4 We reserve the right to limit or prohibit subscriptions that, in our sole judgment, appear to be placed by dealers, resellers or (re)distributors.
14.5 You agree to provide current, complete and accurate account and billing information to us.
14.6 You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Claim for Service Outage section of these Terms.
15 SECTION - PAYMENTS IN GENERAL
15.1 Payments for using our Service are accepted by VISA, MasterCard, AMERICAN EXPRESS, PayPal, wire transfer and the following crypto currencies: Bitcoin (BTC)+⚡, Litecoin (LTC)+⚡, Ethereum (ETH), USDT (USDT), Bitcoin SV (BSV), StableUSD (USDS), DASH (DASH), Bitcoin Cash (BCH), XRP (XRP), Zcash (ZEC), Sirin Labs (SRN), Telcoin (TEL), Nano (NANO), TRON (TRX), Dai (DAI), Ethereum Classic (ETC), Augur (REP), Dogecoin (DOGE), Golem (GNT), DigixDAO (DGD), Wings DAO (WINGS), iEx.ec (RLC), Decred (DCR), Stellar (XLM), Basic Attention Token (BAT), Qtum Ignition (QTUM), Storj (STORJ), FunFair (FUN), Salt (SALT), Bitcoin Gold (BTG), DigiByte (DGB), district0x (DNT), Power Ledger (POWR), Populous (PPT), Bread (BRD), Noah (NOAH), Binance token (BNB), Polymath (POLY), Kyber Network (KNC), TrueUSD (TUSD), Mithril (MITH), Link (LINK), BitTorrent (BTT), Travala.com (AVA), Mysterium (MYST), carVertical (CV), Aragon (ANT), Bancor Network Token (BNT), Civic (CVC), EOS (EOS), TenXPay (PAY), OmiseGo (OMG), Monaco (MCO), 0x Protocol Token (ZRX), Storj (STORJ).
15.2 Payment method availability in a specific country is discretionary and for the most part depends on the service availability of that payment method in the country. We reserve the right to opt in or out on any payment methods that we accept without the need for explanations. Customer support will inform you if the selected payment method is not accepted and needs to be changed.
15.3 When you are paying for a subscription, you are also agreeing to the payment processor’s terms of service (e.g. PayPal, MasterCard etc). Be sure to check the terms and conditions of the applicable payment processor for details.
16 SECTION - PayPal OR CREDIT CARD PREAPPROVED PAYMENTS
16.1 By providing an advance Authorization for PayPal Preapproved Payments or credit card payments, you give us the ability to collect or reverse fixed or variable amount payments from your PayPal or credit card account on a one-time basis, or on a (sporadically or periodically) recurring basis (as further specified in the applicable billing agreement – the document that you agree to when giving the Authorization) until you cancel your Authorization or underlying arrangement with the applicable third party.
16.2 If your Preapproved Payment requires a currency conversion by PayPal or the party providing the credit card or some associate of the credit card provider in the gateway, the amount of the currency conversion fee will be determined at the time the applicable third party processes your payment and completes the transaction. You acknowledge that the exchange rate determined at the time of each payment transaction will differ, and you agree to the future execution of PayPal Preapproved Payments or credit card payments being based on fluctuating exchange rates.
16.3 Changes in the billed amount may happen as a result of a Service level upgrade, downgrade, or purchasing additional Services or features. All of the aforementioned is done solely through a user billing panel and clearly distinguished as paid services. We will ask your consent to make any changes in the billed amount. You will receive e-mail notifications about both one-time purchases and changes to recurring billed amounts.
17 SECTION - PayPal OR CREDIT CARD CURRENCY CONVERSIONS
17.1 You may send money for a payment with PayPal in U.S. Dollars, Canadian Dollars, Euros, Pounds Sterling, Yen, Australian Dollars, Brazilian Real, Czech Koruna, Danish Krone, Hong Kong Dollar, Hungarian Forint, Israeli New Shekels, Mexican Peso, New Zealand Dollar, Norwegian Krone, Philippine Peso, Polish Zloty, Singapore Dollar, Swedish Krona, Swiss Franc, Thai Baht and Taiwan New Dollar. There may be some restrictions with regard to where you can send certain currencies depending on the country.
17.2 When you transfer the payment of a subscription plan for the Service in a currency that is different from the primary currency of your PayPal Account, PayPal currency conversion rules may apply. For details about PayPal currency conversion rules, contact PayPal.
17.3 Keep in mind when using a credit card, that the party providing the credit card service or some associate of the credit card provider in the gateway (as set out by the provider of such a service) may have restrictions in their terms for operating different currencies opposed to the primary currency of your credit card account or have specific conversion rules. For details contact your credit card service provider.
18 SECTION - CANCELLING A PayPal OR CREDIT CARD PREAPPROVED PAYMENT
18.1 You may cancel a PayPal Preapproved Payment or a credit card payment at any time by requesting a service cancellation through “My account” page in the Application Account or using the billing panel in the Site account or by sending a cancellation note directly to our customer support at [email protected].
18.2 You may also cancel a Preapproved Payment in your PayPal account at any time up to 1 business day prior to the date the payment is scheduled to be made.
18.3 You may cancel a PayPal Preapproved Payment by logging in to your PayPal account, accessing the “Settings” tab, then, in the “Payment settings” section, clicking on “Preapproved Payments” and following the instructions to cancel the payment.
18.4 Making unjust chargebacks, opening bitterly PayPal or credit card disputes for no actual reasons out of spite is considered impolite and may get your accounts suspended.
19 SECTION - REFUND FOR PREAPPROVED PAYMENTS
19.1 You agree that you cannot request a refund from us or PayPal for a Preapproved Payment unless:
19.1.1 the Authorization did not specify the exact amount of the payment transaction when the Authorization was given and the applicable amount exceeded the amount you could have reasonably been expected to pay, taking into account your previous spending patterns and the circumstances of the case; and
19.1.2 your consent to the making of the Multilogin initiated payment was not explicitly given;
19.1.3 the information relating to the Multilogin initiated payment was not provided or made available to you for at least 4 weeks before the date the payment transaction was made to Multilogin.
For refunds of credit card payments, please see the Commencement, renewal and cancellation of subscription part of these terms specifying Cancellation refunds.
20 SECTION - RULES OF CONDUCT AND PROHIBITED USES
20.1 We reserve the right to terminate your use of the Site, Service or Application for violating any of the prohibited uses.
20.2 You must not transmit any worms, Trojan horses, viruses, time bombs, cancelbots, corrupted files or data or any code of a destructive nature using our Site, Services or Application.
20.3 In addition to other prohibitions as set forth in these Terms, YOU ARE PROHIBITED from using the Site, Service and Application:
a) to interfere or circumvent with the proper workings or the security features of the Site or Service or any related website, other websites, or the Internet;
b) to bypass any measures we have put in place to secure the Site or Service;
c) to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to us or another party;
d) to distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, or chain letters (including but not limited to running of mail lists, listservs, or any kind of auto-responder);
e) to take any action that imposes an unreasonable load on our infrastructure, or on our third party partners. We reserve the right to determine what is reasonable – contact us at [email protected] if unsure;
f) to harm our or other computer systems;
g) to upload, distribute or transmit films, programs or software viruses or any type of malicious code designed to interfere with the proper function of any software, hardware, or equipment that will or may be used in any way that will affect the functionality or operation of the Service or of any related Sites, content, Application or other websites, or the Internet;
h) to infringe upon or violate our intellectual property rights of Multilogin or the intellectual property rights of others: to reproduce, duplicate, distribute, copy, sell, resell, adapt, modify, prepare derivative works based upon, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit any portion or the use of or access of the Site or Services, without express permission by Multilogin;
i) to take apart, decompile, disassemble or reverse engineer any aspect of the Site or Services in an effort or attempt to access or attempt to discover source code, underlying ideas or algorithms;
j) to harass, abuse, insult, harm, libel, ridicule, mock, stalk, threaten, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
k) to submit false or misleading information to us or other persons;
l) to collect or track the personal information of other persons;
m) for any unlawful purpose;
n) to solicit others to perform or participate in any unlawful acts;
o) to violate any international sanctions, international or local regulations, rules, laws, or local ordinances;
p) for any obscene or immoral purpose.
20.4 You agree not to and do not attempt to:
q) use data mining, robots or similar data gathering and extraction tools on the Site or Service;
r) violate the contractual or personal or other rights of anyone, using, uploading, transmitting, distributing or otherwise making available any information made available through our Site or Service, in a manner that infringes any trade secret, trademark, patent, copyright or other right of anyone, including rights of privacy;
s) improperly use support to make false reports to us;
t) attempt to unlawfully obtain passwords or other private information from anyone using our Site or Service.
20.5 If we ascertain or receive information from third parties or law enforcement officials of any of the above listed prohibited uses or other unlawful uses on your behalf, we may terminate your access to the Service and Application due to your breach of these Terms and you shall forfeit any right to any refund for the subscription fees paid, regardless the time remaining. You agree to reimburse us for any expenses or costs, including consequential damages, we or anyone else may have or may incur as a result of such a breach or unlawful act.
20.6 These rules of conduct and list of prohibited uses are not meant to be exhaustive. We reserve the right to determine what conduct we consider to be a violation of these Terms or improper and the appropriate action to take.
20.7 If we are required to take action by the governing legislation or based on information received from third parties or we are notified of any unlawful actions on your behalf regarding and/ or using our Site, Services or Application, or by competent law enforcement authorities authorized to issue compelling orders and/ or requests to us, we reserve the right to refuse the Service to you without refunds for the remaining time of the Service and not to disclose the reasons behind the refusal of service (if so compelled by law enforcement authorities).
20.8 If information of unlawful activities are discovered or reported by or to us, we will reserve the right to inform the authorities depending on the scale and nature of the unlawful activity.
21 SECTION - OUR AND USER RESPONSIBILITY USING THE SITE, SERVICE AND APPLICATION
21.1 We are not liable for any damages or losses arising out of your prohibited or unlawful use of the Site, Service and Application.
21.2 We do not become involved in disputes between users or between users and any third party relating to the use of the Site, Service and Application by the user.
21.3 When you use the Site, Service and Application, you release us from claims, damages, and demands of every kind - known or unknown, suspected or unsuspected, disclosed or undisclosed - arising out of or in any way related to such disputes and the Site, Service and Application.
21.4 All of the content you access through the Service and Application is at your own risk. We do not oversee what you as the user do before, during or after using the Service and Application, nor do we purposefully collect information what you use or have used the Service and Application for - it is entirely up to your choosing and your responsibility.
22 SECTION - OPTIONAL THIRD-PARTY TOOLS
22.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
22.2 You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
22.3 Any use by you of such optional tools offered through the Service and Application is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
22.4 Any such auxiliary services or websites linked to from the Service and Application (e.g. proxy services) to any third-party provider(s), are accessed by you at your own risk as we do not control those services or websites or assume any liability for their actions or in-actions.
22.5 Multilogin may offer new services and/or features through the Site or Application (including, the release of new tools and resources of Multilogin or other companies Multilogin partners with). Such new features and/ or services shall also be subject to these Terms of Service and will be clearly identified as belonging to Multilogin or our partnering company.
23 SECTION - THIRD-PARTY LINKS
23.1 Certain content and services available via our Site, Service and Application may include materials from third parties (e.g. blog pages, documentation, user comments, videos etc).
23.2 When you access and/ or subscribe for third-party websites, services or other materials, you do so at your own risk and under the terms provided by the third party.
23.3 We are not liable for any harm or damages related to the purchase or use of services, resources, content, or any other transactions made in connection with any third-party websites.
23.4 Please review carefully the third party's terms, policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
23.5 Third-party links in turn may direct you to other third-party websites that are not affiliated with us as well. We are not responsible for examining or evaluating the content or accuracy of such links and we do not warrant and will not have any liability or responsibility for any such third-party materials or websites, or for any other materials, products, or services of such third-parties.
24 SECTION - COMMUNICATIONS AND DIRECT MARKETING
24.1 By using our Site, Services and Application or providing information to us in other ways, you agree that we may communicate with you regarding security, privacy, and administrative issues relating to your use of the Site, Services and Application.
24.2 We will communicate electronically, unless it is absolutely necessary for other means of communication (e.g. by phone or postal mail).
24.3 You agree to receive communications from us, such as e-mails or notices and messages on the Application.
24.4 By subscribing to the Service or using our Application, we and our partnering associates also obtain your consent to send you direct marketing e-mails or messages by e-mail or through the Application. You of course can choose to opt out and we shall in such a case honor the request and not send you direct marketing e-mails or messages you do not want. To opt out, use the provided unsubscribe link in the footer of a direct marketing e-mail or message or close it the Application.
24.5 You agree that your use of the Site and Services will not include sending unsolicited marketing messages or broadcasts (e.g. spam). We may utilize a variety of means to block spammers and abusers from using our Site or Services. If you believe spam originated from the US, you should report it to customer support at [email protected].
25 SECTION - PRIVACY, PERSONAL INFORMATION AND DATA COLLECTION
26 SECTION - COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
26.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request, you send to us creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
26.2 We shall under no obligation have to:
26.2.1 maintain any comments in confidence;
26.2.2 pay compensation for any comments; or
26.2.3 respond to any comments.
26.3 You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right.
26.4 You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or any computer virus or other malware that could in any way affect the operation of the Service, Application or any related website(s).
26.5 You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments.
26.6 You are responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
26.7 We reserve the right to delete or tag any comments at our sole discretion.
26.8 You are solely responsible for your interaction with others using Site, Service and Application, and other third parties that you come in contact with through our Site, Service and Application.
26.9 You understand that your content may be transferred involving:
26.9.1 transmissions over various networks; and
26.9.2 changes to conform and adapt to technical requirements of connecting networks or devices.
26.10 We reserve the right, but have no obligation, to manage disputes between you and other users of the Site, Service and Application. This also applies to disputes between the user of the main account and team member Application account(s).
27 SECTION - INTELLECTUAL PROPERTY RIGHTS
27.1 You do not acquire any ownership of intellectual property rights by accessing or using the Site, Service and Application, or any proprietary works thereof.
27.2 No licenses or rights are granted to you by implication or otherwise, under any intellectual property right controlled or owned by us or the respective owners (licensors) of any such associated intellectual property, except for the permissions and rights expressly granted in these Terms.
27.3 All interest, rights and title in and to all materials to all that is part of our Site, Service and Application (including, but not limited to software, video, designs, texts, graphics, pictures, information, music, sound and other files) are owned by us and/ or third-party owners (licensors) and you shall have no claim to it insofar as not stated differently herein.
27.4 You agree that you shall not copy, reproduce, modify, distribute, frame, republish, download, scrape, display, post, transmit or sell in any form or by any means, in whole or in part, or otherwise exploit the materials, that are parts of the Site, Service and Application, without our express prior permission.
27.5 We grant you personal, non-exclusive, time limited, non-transferable, non-licensable and revocable license to use the Site, Services and Application for so long as you comply with the Terms. All rights not expressly granted in the Terms are reserved.
27.6 You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, reverse engineer, publicly display, or in any way exploit any of the software, materials or content of the Site, Services and Application, in whole or in part, unless as prescribed otherwise in these Terms or with our express prior permission.
28 A user of the Application may export or copy any data collected while using the Application for the user’s intended unlawful purpose when a subscription is or was active.
28.1 You are solely responsible for creating backup copies for any data that you submit or create or wish to export via the Service and Application.
29 SECTION - ERRORS, INACCURACIES AND OMISSIONS
29.1 If there happens to be information on our Site, Service or Application that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability, we reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any such information is inaccurate at any time without prior notice (including after you have subscribed).
29.2 We undertake no obligation to update, amend or clarify information in our Site, Service or Application or on any related content, including without limitation, pricing information, except as required by law.
29.3 No directly specified update or refresh date applied in our Site, Service and Application or on any related content, should be taken to indicate that all available information has been modified or updated.
30 SECTION - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
30.1 We do not guarantee, represent or warrant that your use of our Site, Service and Application will be uninterrupted, timely, secure or error-free.
30.2 We do not warrant that the results that may be obtained or what a user seeks from the use our Site, Service and Application will be accurate or reliable.
30.3 You expressly agree that your use of, or inability to use the Site, Service and Application is at your sole risk and all services rendered to you through the Service and Application are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
30.4 In no case shall Multilogin our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive or other damages of any kind, including, without limitation to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of part of the Site, Service and Application or for any other claim related in any way to your use of the Site, Service and Application, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site, Service and Application or any content (or product) posted, transmitted, or otherwise made available via the Site, Service and Application, even if advised of their possibility.
30.5 Because it may not always be possible to limit the liability for damages, in such cases, our and partnering companies' liability shall be limited to the maximum extent permitted by applicable laws.
31 SECTION - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
31.1 You agree to indemnify, defend and hold harmless Multilogin and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference or hyperlink or your violation of any law or the rights of a third party.
31.2 In case Multilogin incurs any claims, damages or other losses due to incorrect or illegal use of the Site, Services or Application by a team member Application account user, the team member Application account user and the main account user are jointly and severally liable for such losses.
32 SECTION - SEVERABILITY
32.1 In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
33 SECTION - TERMINATION OF TERMS
33.1 The obligations and liabilities of the parties incurred prior to the termination date of these Terms shall survive the termination of this agreement for all purposes.
33.2 These Terms are effective unless and until terminated by either you or us.
33.2.1 You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site or Application.
33.2.2 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/ or accordingly, we may deny you access to our Services (or any part thereof).
33.3 These Terms are personal to you. You cannot assign them, transfer them, or sublicense them unless you get our prior consent.
33.4 Multilogin has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. We can, but are not obligated to provide you notice via e-mail, written notice, or by conspicuously posting the notice on our Site or through the Application.
34 SECTION - ENTIRE AGREEMENT
34.1 The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
34.2 These Terms and any forms, policies or operating rules or guidelines posted by us on the Site respect to the Service and Application, constitute the entire agreement and understanding between you and us and govern your use of the Site, Service and Application, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms) and govern our future relationship.
34.3 Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that these Terms otherwise will remain in full force and effect and enforceable.
35 SECTION - DISPUTE RESOLUTION AND GOVERNING LAW
35.1 These Terms and any separate agreements whereby we provide you Services or access to our Site, Service and Application shall be governed by, and construed in accordance with the laws of the Republic of Estonia.
35.2 We at Multilogin encourage you to contact us if you are having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other forms, operating rules, policies, or guidelines incorporated by reference or available by hyperlink) will be governed by and construed in accordance with the laws of the Republic of Estonia, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.
35.3 You agree that Multilogin and its Site, Services and Application are deemed passive which does not give rise to jurisdiction over Multilogin or its subsidiaries, affiliates, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the Republic of Estonia.
35.4 You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of Multilogin Site, Service and Application, shall be filed only in the state courts located in the Republic of Estonia, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action.
35.5 You hereby irrevocably waive any right you may have to a trial by jury in any dispute, action, or proceeding in the state of your residence or by the state of incorporation (if applicable).
35.6 You acknowledge and agree that any kind of arbitration forums, mediation facilities or similar instruments to settle disputes shall not apply unless expressly required by the laws of the Republic of Estonia or the European Union.
35.7 If you wish to submit a complaint, please contact us at [email protected] – we shall do our best to resolve it.
36 SECTION - CHANGES AND MODIFICATIONS TO TERMS
36.1 You can review the most current version of the Terms at any time on our Site or through the Application. The Application has additional terms of service that apply separately to the users of the Application and are available to the users of the Application when accessing the software.
36.2 We reserve the right, at our sole discretion, to update, change or replace any part of the Terms by posting the updates or changes to our Site or making it known through the Application as deemed necessary by us. Such updates or changes may be for reasons that include, but are not limited to, complying with changes to the law or reflecting enhancements to the Site, Service or Application.
36.3 Unless we state otherwise, your continued use of or access to our Site and/ or Service and Application following the posting of any changes or modifications to the Terms constitutes your acceptance of, and agreement to those changes and/ or modifications. If you object to the changes or modifications, your recourse shall be to cease using the Site and/ or Service and Application.
36.4 Any typos or changes to fonts or styling are considered not important and will not be notified.
36.5 Any new features or tools which are added to the current Site, Service and Application shall also be subject to these Terms.
36.6 We do our best to inform you of the updates, changes, modification or replacements of the Terms by our Site or via e-mail or through the Application, but it is your responsibility to check our Site or Application periodically for changes.
37 SECTION - CONTACT INFORMATION
Multilogin Software OÜ
Registry code: 12660871
Office located at: Supluse pst 1 - 201A, Tallinn, 11911 ESTONIA
Customer support: [email protected]
37 SECTION - TIME THE TERMS ENTER INTO EFFECT
These Terms enter into effect on July 1, 2022, at 00.00 Eastern European Time (EET) and apply to all actions performed on our Site, Service and within the Application since then.