Software License and Terms of Service Agreement
This Software License and Terms of Service Agreement (the "Agreement") governs the use of the GlowCover VPN service, the website at glow-cover.com, and all related online properties and services operated by Dome Solutions LTD (referred to as the "Service"). This Agreement is a binding legal contract between you (the "User") and GlowCover VPN.
Please carefully review the terms and conditions outlined in this Agreement. By selecting the “Install” button to begin the installation of the GlowCover VPN application, you confirm that you have read, understood, and agree to comply with all terms and conditions. This includes the requirement for binding arbitration in case of legal disputes. If you disagree with any part of this Agreement, please select the “Decline” option, and the installation will not proceed. Should you decide not to accept these terms, you must immediately delete, return, or dispose of any copies of the GlowCover VPN software from your devices.
By selecting the “Install” option or using the Service in any other way, you confirm that you meet the eligibility requirements as specified below and that you have not previously been banned or suspended from using GlowCover VPN.
In addition, by using the Service, you acknowledge the following:
- The Service is licensed to you, not sold, and may only be used in accordance with the terms of this Agreement;
- The use of the Service may be subject to separate third-party terms, including, but not limited to, charges from your mobile network provider or internet service provider for data usage and overages, which you are solely responsible for;
- You consent to the collection, use, and sharing of your personal information according to the GlowCover VPN Privacy Policy;
- GlowCover VPN provides the software "as is," without warranties, and limits its liability towards you;
- Any disputes will be resolved through binding arbitration, and by accepting this Agreement, you waive the right to a trial by jury or participation in a class action;
- If you post any content that violates this Agreement, GlowCover VPN reserves the right to take action such as suspending your account, removing the content, or reporting you to the appropriate authorities.
1. The Service
GlowCover VPN delivers its service by establishing a secure VPN connection when you access the internet. This connection uses a proxy Internet Protocol (IP) address (a “Proxy IP Address”).
1.1 Free vs Paid Service
You have the option to use either the free version of the Service or a subscription-based Premium Service (the “Paid Service”). If you opt for the free Service, GlowCover VPN may display third-party ads (“Advertisements”). In contrast, selecting the Paid Service will ensure that no ads are shown.
1.2 Eligibility
The Service is not available to individuals who are not eligible or to users previously banned or suspended by GlowCover VPN. "Eligible" means that for the Paid Service, you must be at least 18 years old, and for the free Service, you must be at least 16 years old. By downloading, using, or accessing the Service, you confirm that you meet these eligibility requirements or have parental consent if necessary. Users under the age of 16 are strictly prohibited from using the Service.
2. GlowCover VPN Privacy Policy
Your privacy is extremely important to GlowCover VPN. The Privacy Policy governing our collection, use, and sharing of your personal data is an integral part of this Agreement. Please review this policy to understand how we handle your information.
3. Modification of this Agreement
GlowCover VPN reserves the right to modify this Agreement at any time, in its sole discretion, provided the changes are non-material. It’s important that you periodically review the Agreement for updates. If any changes significantly affect your rights or obligations, we will make a reasonable effort to notify you at least 30 days in advance. Changes may be communicated via an in-app notification, email, or other appropriate means. If you disagree with any modification, you should stop using the Service. Users of the Paid Service who choose to discontinue use due to material changes will be eligible for a refund as described in Section 9.
4. User Content
4.1 User Content Overview
Certain features within the Service, such as the GlowCover VPN Help Desk, allow users to post content, including messages, feedback, data, text, and other materials (collectively referred to as “User Content”). You retain full copyright and ownership of any User Content you upload to the Service.
4.2 License Grant to GlowCover VPN
By posting User Content, you grant GlowCover VPN a worldwide, non-exclusive, royalty-free, irrevocable license (with the right to sublicense) to host, store, display, modify, and distribute your content. This includes using your content in any format and across any media channels, whether currently available or developed in the future, with no compensation to you.
4.3 User Content Representations and Warranties
You are entirely responsible for any User Content you post, and you represent that you have the necessary rights to post such content. By uploading or sharing User Content, you confirm that:
- (A) You are the creator or have the necessary permissions to use the content, and you grant GlowCover VPN and other users the right to use it as outlined in this Agreement;
- (B) The content does not infringe upon any third-party rights, including intellectual property, privacy, or publicity rights, and it does not defame or harm others.
4.4 Disclaimer of Liability for User Content
GlowCover VPN is not responsible for the content uploaded by users. While we do not have a general obligation to monitor User Content, we reserve the right to remove, edit, or block any content we deem inappropriate, without prior notice. We disclaim any liability in relation to User Content, including content that may be inaccurate, offensive, or harmful. If you believe that User Content violates this Agreement, please notify us, and we will take appropriate action.
5. GlowCover Software
5.1 Software License for GlowCover
The GlowCover Software, which is part of the Service, is provided under a license, not sold. Subject to the terms and conditions of this Agreement, Dome Solutions LTD grants you a limited, revocable, non-exclusive, non-transferable, personal license to install and use one (1) copy of the GlowCover Software in object code format. This license allows you to use the Service for personal, non-commercial purposes only. For the purposes of this Agreement, the GlowCover Software is considered "in use" when it is loaded into temporary memory (e.g., RAM) or installed in permanent memory (e.g., hard disk, CD-ROM, or other storage devices) on your device.
5.2 Restrictions on GlowCover Software License
You are not permitted to:
- (a) Rent, lease, sublicense, sell, assign, loan, or otherwise transfer the GlowCover Software or any rights granted under this Agreement.
- (b) Reverse engineer, decompile, disassemble, or attempt to discover the source code, user interface techniques, or underlying algorithms of the GlowCover Software, except where prohibited by law.
- (c) Remove or alter any copyright or proprietary notices.
- (d) Circumvent any usage restrictions imposed on the software.
- (e) Modify, adapt, or create derivative works based on the GlowCover Software.
- (f) Use, copy, or distribute the GlowCover Software without prior written consent from Dome Solutions LTD, except for making one (1) backup or archival copy for personal use.
5.3 Restrictions on Content Use
You may not (and may not allow any third party to) copy, reproduce, store, retransmit, or distribute any copyrighted content accessed or received through the GlowCover Software or the Service. You accept full responsibility and liability for any unauthorized use of copyrighted materials.
5.4 Recurring Payments for Premium Service with GlowCover Software
When you subscribe to the Premium Service provided by GlowCover, your subscription will automatically renew at the end of each billing cycle. This renewal will occur for the same period as the initial subscription. By agreeing to the Service, you authorize Dome Solutions LTD to automatically charge the payment method on file for your subscription renewal. Should your payment method fail, we may retry the transaction. If payment cannot be processed, your Premium Service subscription will be canceled. If you wish to cancel your subscription, it is your responsibility to do so, regardless of whether you receive any notice from Dome Solutions LTD regarding your subscription renewal. You are also responsible for keeping your payment information up to date to avoid interruptions in service.
6. The Service
6.1 Availability
The GlowCover Software is designed solely for accessing the Service. To use the Service, you will need a device that supports Internet access. It is your responsibility to ensure that your device is capable of using the Service. The speed and availability of the Service may vary and may be subject to interruptions due to issues such as network problems, emergencies, maintenance, or limitations of third-party services.
6.2 Denial of Access
Dome Solutions LTD reserves the right to modify, suspend, or terminate the Service at any time, with or without notice. If you are using the Premium Service and your access is terminated, you may be entitled to a refund as described in Section 9. Additionally, if you violate this Agreement, we reserve the right to deny you access to the Service or terminate your subscription. You are also prohibited from allowing third parties to access the Service from your device.
6.3 Trusted Publisher
As part of the Service, GlowCover may install a certificate on your device, identifying GlowCover as a trusted publisher (as defined by your Internet browser). We may update or install additional certificates on your device in connection with the Service at any time without notice.
7. Prohibited Activities
By using the GlowCover Software or the Service, you agree not to:
7.1 Misuse of the Service
You agree not to use the GlowCover Software or the Service for any fraudulent, abusive, or harmful activities that could damage or pose a risk to our business, reputation, employees, users, or anyone else associated with the Service.
7.2 Unauthorized Transfer
You may not rent, lease, loan, sell, sublicense, distribute, or otherwise transfer the GlowCover Software, the Service, or any related materials.
7.3 Removal of Proprietary Notices
You are prohibited from deleting any copyright or other proprietary rights notices from the GlowCover Software or the Service.
7.4 Illegal Activities
You agree not to use the GlowCover Software or the Service for any illegal activity or in violation of applicable local, state, or international laws.
7.5 Commercial Use
The GlowCover Software and Service are for personal, non-commercial use only. Commercial use is strictly prohibited.
7.6 Eligibility
You must be eligible to use the GlowCover Software and Service. If you are not eligible, you should not use the Service.
7.7 Security Breaches
You agree not to remove, disable, or otherwise interfere with any security-related features of the GlowCover Software or Service, including those that limit use or copying of the software.
7.8 Reverse Engineering
You may not reverse engineer, decompile, or disassemble the GlowCover Software or the Service, except to the extent expressly permitted by applicable law.
7.9 Modification
You are not allowed to modify, adapt, or create derivative works based on the GlowCover Software or the Service.
7.10 Harmful Interference
You agree not to intentionally interfere with or damage the operation of the Service by uploading or distributing viruses, spyware, adware, worms, or any other malicious code.
8. Third-Party Transactions
8.1 Advertisements
If you are using the free version of the Service, GlowCover may deliver third-party advertisements. By using the Service, you acknowledge and consent to receiving advertisements from third parties, which may be displayed in various forms such as pop-ups or interstitials. GlowCover is not responsible for the content of advertisements or any transactions you engage in with advertisers.
8.2 Third-Party Policies
If you access third-party websites, services, or products while using the GlowCover Service, the policies of those third parties will govern your interactions. GlowCover is not responsible for any third-party content or how third parties manage your personal information. Your use of third-party services or websites is entirely at your own risk, and GlowCover disclaims responsibility for any issues arising from these third-party interactions.
9. Termination, Refunds, and Violations of Terms
9.1 Termination by GlowCover
For users of the free version of the service, you agree that GlowCover, at its sole discretion, may terminate your access to the service or GlowCover Software at any time, for any reason or without any reason, and without any liability. GlowCover may also, at its sole discretion, stop providing access to the service or any part of it, with or without notice. Termination may occur without prior notification, and GlowCover will not be responsible to you or any third party for such termination. For users of the paid service, GlowCover reserves the right, at its sole discretion, to terminate your access to the service or GlowCover Software at any time, with or without notice. If termination occurs during an active paid subscription, you may be eligible for a prorated refund for the unused portion of your subscription. However, if the termination is due to a violation of this agreement, you will not be entitled to a refund. Refunds are provided at the sole discretion of GlowCover, and any request for a refund may be denied for any reason. If you wish to request a refund after termination, please contact customer support at [[email protected]] and provide details regarding the termination. Any suspected fraudulent or illegal activities may be reported to appropriate authorities.
9.2 Termination by You
You may terminate this agreement at any time by ceasing to use all components of the service and by confirming in writing that all copies of GlowCover Software have been removed or deleted from any of your devices or storage devices.
10. Ownership and Intellectual Property Rights
GlowCover Software and the Service are owned and operated by GlowCover and its partners. This includes all visual elements, software code, graphics, designs, services, and any other content (collectively referred to as "Materials"), all of which are protected under U.S. copyright, trademark, patent, and other intellectual property laws, both in the United States and internationally. All such materials, except for those from third-party sources, are the property of GlowCover or its licensors. You agree not to sell, distribute, modify, publicly display, or use any of the materials unless expressly authorized in writing by GlowCover. All rights not explicitly granted in this agreement are reserved by GlowCover.
11. Indemnification
To the maximum extent permitted by law, you agree to indemnify and hold harmless GlowCover, its affiliates, employees, contractors, agents, and third-party suppliers from any claims, damages, losses, or legal costs arising from your misuse of the GlowCover Software or Service, any violation of this agreement, or any breach of representations or warranties made by you herein. GlowCover reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify the GlowCover entities, and you agree to cooperate with GlowCover’s defense of such claims. GlowCover will make reasonable efforts to notify you of any such claim or proceeding once it becomes aware of it.
12. Export
GlowCover Software and the Service may be subject to U.S. export controls. You may not export or re-export the GlowCover Software without (a) the prior written consent of GlowCover, (b) compliance with any applicable export control laws, and (c) obtaining all appropriate permits and licenses. You may not remove or export from the United States or allow the export or re-export of any part of GlowCover Software or the Service in violation of any laws or regulations of the U.S. Department of Commerce, the U.S. Department of Treasury Office of Foreign Assets Control, or any other U.S. or foreign agency or authority. As defined in FAR section 2.101, GlowCover Software and Service are “commercial items,” and according to DFAR section 252.227-7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Any use, modification, reproduction, or disclosure of such commercial software or documentation by the U.S. Government will be governed solely by the terms of this agreement.
13. Disclaimers and No Warranties
The following provisions of this section apply to the fullest extent permitted by law:
13.1 No Warranties
GlowCover and its affiliates disclaim all warranties, statutory, express, or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No information, whether oral or written, obtained by you from GlowCover or through the service will create any warranty not expressly stated herein. You acknowledge that the term "GlowCover" includes its affiliates in this section.
13.2 “As is” and “As Available”
You agree that use of the service and the GlowCover Software is at your sole risk. The service, GlowCover Software, and any data or third-party applications made available through the service are provided "as is" and "as available" with no assurances that the software or service will be free from defects, security vulnerabilities, or errors. GlowCover does not warrant that the service will be uninterrupted or error-free.
14. Limitation of Liability and Damages
The following provisions of this section apply to the fullest extent permitted by law:
14.1 Limitation of Liability
Under no circumstances, including negligence, will GlowCover or its affiliates be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages arising out of or related to this agreement or your use of the service, GlowCover Software, or any other interaction with GlowCover.
14.2 Limitation of Damages
In no event will GlowCover’s total liability for all claims related to this agreement or use of the service exceed the amount paid by you for accessing the service during the twelve months preceding the claim or $25, whichever is greater.
14.3 Basis of the Bargain
You acknowledge that GlowCover's offering of the service and the software is based on the disclaimers and limitations of liability in this agreement, which reflect a reasonable allocation of risk.
14.4 Consumer End Users (Outside the USA)
If you reside outside the United States, the limitations of warranties and liabilities in this agreement may not affect your statutory rights as a consumer under local laws. By using the service, you consent to the transfer of your personal data to the U.S.
15. Dispute Resolution and Arbitration
15.1 General
In the interest of resolving disputes in an efficient manner, you and GlowCover agree that all disputes related to this agreement or the service shall be resolved through binding arbitration. Arbitration is less formal than court and may involve a neutral arbitrator instead of a judge or jury. By agreeing to arbitration, both parties waive their right to a jury trial or class action.
15.2 Exceptions
Notwithstanding Section 15.1, you and GlowCover agree that you may still pursue claims in small claims court or seek injunctive relief in certain circumstances.
16. Miscellaneous
16.1 Notice
GlowCover may provide you with notices regarding changes to this agreement by posting them through the service. Notices will be considered effective 24 hours after posting.
16.2 Waiver
Failure by GlowCover to enforce any provision of this agreement does not waive its right to do so in the future. Any waiver must be in writing and signed by GlowCover.
16.3 Governing Law
This agreement is governed by the laws of the State of California, except for disputes involving customers in the European Union or Switzerland, which will be handled according to Swiss law.
16.4 Jurisdiction
If any dispute is not subject to arbitration under Section 15, you agree that any legal action arising from this agreement will be filed in courts located in San Francisco, California.
16.5 Severability
If any part of this agreement is deemed unenforceable, it will be modified to reflect the intent of the parties as closely as possible, while the rest of the agreement remains in effect.
16.6 Assignment
You may not assign or transfer this agreement without the prior written consent of GlowCover. GlowCover may assign this agreement at its discretion.
16.7 Survival
Sections 4.2, 5.3, and 10 through 16 will survive the termination of this agreement.
16.8 Headings
Headings are for convenience only and do not affect the interpretation of this agreement.
16.9 Entire Agreement
This document constitutes the entire agreement between you and GlowCover, and can only be modified by a written agreement signed by both parties.
16.10 Time Limit for Claims
Claims arising from this agreement must be brought within one year of the cause of action; otherwise, they are permanently barred.
16.11 Disclosures
The service and software are provided by Dome Solutions LTD. For support, please email [[email protected]].