End User License Agreement

Effective as of May 26, 2021

This End User License Agreement ("Agreement") is a legal agreement between you ("User") and BLUE DESERT TECHNOLOGIES GROUP LIMITED ("Company", "we", "us", or "our") governing your use of the Sunrise VPN mobile application ("Application") available on Apple's App Store.

By downloading, installing, or using the Application, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, do not download, install, or use the Application.

1. License Grant

Subject to the terms of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Application on a single Apple-branded device that you own or control, solely for your personal, non-commercial purposes, and in accordance with Apple's App Store Terms of Service.

2. License Restrictions

You agree not to, and shall not permit any third party to:

  • Copy, modify, or create derivative works of the Application or any part thereof;
  • Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive the source code of the Application;
  • Sell, rent, lease, sublicense, distribute, or otherwise transfer the Application or any rights therein to any third party;
  • Remove, alter, or obscure any proprietary notices, labels, or marks on the Application;
  • Use the Application for any unlawful purpose, including but not limited to violation of any local, state, national, or international laws;
  • Use the Application to engage in any activity that interferes with or disrupts the integrity or performance of the Application or its servers;
  • Use the Application to transmit any malware, viruses, or other harmful code;
  • Use the Application to infringe upon or violate the rights of any third party.

3. Subscription and In-App Purchases

The Application may offer subscription plans and in-app purchases that provide access to premium features. Subscriptions will be charged to your Apple ID account upon confirmation of purchase. Subscriptions automatically renew unless auto-renewal is turned off at least 24 hours before the end of the current billing period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the applicable subscription rate.

You may manage your subscriptions and turn off auto-renewal through your Apple ID Account Settings after purchase. Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription.

4. Intellectual Property

The Application, including but not limited to its design, graphics, text, images, software, code, trademarks, service marks, trade names, and logos, is owned by or licensed to the Company and is protected by copyright, trademark, and other intellectual property laws. This Agreement does not grant you any rights to use the Company's trademarks, service marks, or logos.

5. Privacy and Data Collection

Your use of the Application is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Application, you consent to the collection and use of your information as described in the Privacy Policy.

6. Third-Party Services

The Application may incorporate or rely on third-party services, libraries, or content. Your use of such third-party components is subject to their respective terms and conditions. The Company is not responsible for the availability, accuracy, or content of any third-party services.

7. Disclaimer of Warranties

THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

The Company does not guarantee that the Application will provide complete anonymity or security on the Internet. While the Application employs encryption and other security measures, no technology can provide absolute protection.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APPLICATION, REGARDLESS OF THE THEORY OF LIABILITY.

In no event shall the Company's total aggregate liability exceed thirty US dollars (USD $30.00).

9. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use or misuse of the Application, your violation of this Agreement, or your violation of any rights of a third party.

10. Termination

This Agreement is effective until terminated. The Company may terminate this Agreement at any time without notice if you fail to comply with any of its terms. Upon termination, you must cease all use of the Application and destroy all copies in your possession. The Company may also disable your access to the Application without prior notice.

Sections regarding Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law shall survive any termination of this Agreement.

11. Apple-Specific Terms

This Agreement is between you and BLUE DESERT TECHNOLOGIES GROUP LIMITED only, and not with Apple Inc. ("Apple"). Apple has no obligation to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Application.

Apple is not responsible for addressing any claims relating to the Application or your possession and/or use of the Application, including but not limited to product liability claims, any claim that the Application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.

Apple and its subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

12. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which BLUE DESERT TECHNOLOGIES GROUP LIMITED is registered, without regard to its conflict of law provisions.

13. Changes to This Agreement

The Company reserves the right to modify this Agreement at any time. Any changes will be posted within the Application or on our website. Your continued use of the Application after such modifications constitutes your acceptance of the updated Agreement. We encourage you to review this Agreement periodically.

14. Severability

If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

15. Entire Agreement

This Agreement, together with our Privacy Policy and Terms & Conditions, constitutes the entire agreement between you and the Company regarding your use of the Application and supersedes all prior or contemporaneous understandings and agreements, whether written or oral.

16. Contact Us

If you have any questions about this Agreement, please contact us at [email protected].

This agreement is effective as of 2021-05-26