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TERMS OF SERVICE

Effective Date: March 29, 2025  ·  Last Updated: March 29, 2025

01

ACCEPTANCE OF TERMS

By downloading, installing, accessing, or using any software, service, or website operated by AETHER MESH (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms in their entirety, you must immediately cease all use of the Service and uninstall any associated software.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and AETHER MESH, a software publishing and development company registered in Ontario, Canada, with its principal place of business at 85 The Pond Rd, North York, Ontario, M3J 0L7, Canada.

02

DESCRIPTION OF SERVICE

AETHER MESH develops and publishes high-performance network utility applications, including but not limited to secure tunneling software, data routing utilities, and privacy-enhancing network tools (collectively, "Software"). The Service includes access to the Software, associated documentation, subscription management, and customer support.

The Service is designed to optimize network routing, reduce latency, and enhance privacy for users of online applications including video games. AETHER MESH does not guarantee specific performance outcomes, as network conditions are subject to factors outside our control.

03

ELIGIBILITY

You must be at least 13 years of age to use the Service. If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. By using the Service, you represent and warrant that you meet all eligibility requirements.

The Service is intended for users located in jurisdictions where its use is lawful. You are solely responsible for ensuring that your use of the Service complies with all applicable laws and regulations in your jurisdiction.

04

SUBSCRIPTION AND PAYMENT

Access to the full functionality of the Software requires an active paid subscription. Subscriptions are billed on a recurring monthly basis at the rate displayed at the time of purchase. All payments are processed securely through Outseta, our third-party subscription management provider.

By subscribing, you authorize AETHER MESH and its payment processor to charge your designated payment method on a recurring basis until you cancel your subscription. You may cancel your subscription at any time through your account portal. Cancellation takes effect at the end of the current billing period; no partial refunds are issued for unused portions of a billing cycle unless otherwise required by applicable law.

AETHER MESH reserves the right to modify subscription pricing upon reasonable advance notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.

05

LICENCE GRANT AND RESTRICTIONS

Subject to your compliance with these Terms and payment of all applicable fees, AETHER MESH grants you a limited, non-exclusive, non-transferable, revocable licence to download, install, and use the Software solely for your personal, non-commercial purposes on devices you own or control.

You must not, and must not permit any third party to:

  • Copy, modify, adapt, translate, or create derivative works of the Software;
  • Reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the Software;
  • Sublicense, sell, resell, transfer, assign, or otherwise commercially exploit the Software;
  • Remove or alter any proprietary notices, labels, or marks on the Software;
  • Use the Software to engage in any unlawful activity, including circumventing geo-restrictions imposed by content providers in violation of their terms of service;
  • Use the Software to transmit malware, spam, or any content that infringes third-party rights;
  • Attempt to gain unauthorized access to any system, network, or data.
06

ACCEPTABLE USE

You agree to use the Service only for lawful purposes and in a manner consistent with all applicable local, provincial, federal, and international laws and regulations. AETHER MESH reserves the right to suspend or terminate your access to the Service immediately, without notice or liability, if we determine, in our sole discretion, that you have violated these Terms or engaged in conduct harmful to AETHER MESH, other users, or third parties.

07

INTELLECTUAL PROPERTY

The Software, including all underlying code, algorithms, interfaces, documentation, graphics, and associated materials, is the exclusive intellectual property of AETHER MESH and is protected by Canadian and international copyright, trademark, patent, and trade secret laws. These Terms do not transfer any ownership rights to you; you receive only the limited licence described herein.

The AETHER MESH name, logo, and all related marks are trademarks of AETHER MESH. You may not use these marks without prior written permission.

08

PRIVACY

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

09

DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION. AETHER MESH DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS WILL BE CORRECTED.

Network performance improvements are dependent on your internet service provider, hardware, geographic location, and other factors beyond AETHER MESH's control. AETHER MESH makes no guarantees regarding specific latency reductions, throughput improvements, or gaming performance outcomes.

10

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AETHER MESH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE.

IN NO EVENT SHALL AETHER MESH'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO AETHER MESH IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).

11

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless AETHER MESH and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your infringement of any third-party rights.

12

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada.

Before initiating any formal legal proceedings, you agree to first contact AETHER MESH at [email protected] to attempt to resolve the dispute informally. AETHER MESH will make reasonable efforts to resolve disputes within thirty (30) days of receiving written notice.

13

MODIFICATIONS TO TERMS

AETHER MESH reserves the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last Updated" date at the top of this page and, where appropriate, by sending an email notification to registered users. Your continued use of the Service after any modification constitutes your acceptance of the revised Terms.

14

TERMINATION

AETHER MESH may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Upon termination, your licence to use the Software is immediately revoked and you must uninstall and destroy all copies of the Software in your possession. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15

CONTACT INFORMATION

If you have any questions about these Terms, please contact us:

AETHER MESH
85 The Pond Rd, North York, Ontario, M3J 0L7, Canada