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- Terms & conditions
Last updated: September 12th, 2024
Aloha Mobile Ltd (“Aloha”, and “we”, “us” and “our”) offers a range of different services through its software. The terms of this document govern your use of those services. Please read this document carefully.
1. This is a contract.
These Terms & Conditions (“General Terms & Conditions”) along with our Privacy Statement, form a legally binding contract between you as the “User” and Aloha Mobile Ltd.
By accepting to use our services (as defined below), you as the User are hereby explicitly agreeing and consenting to be bound by these General Terms & Conditions. If you do not agree with these General Terms & Conditions, you must discontinue using our services.
2. Definition of terms used in these General Terms & Conditions.
“User”: means you, a person who is at least 18 years old, who downloads or uses our Services.
“Documentation”: refers to our standard technical documents and materials that come with our software and services. They include guides and other information meant to help you use our services.
“Services”: refers to the different services we offer to you from time to time. These include things like our web browser, search engine, VPN and other services. You can access these Services using any current or future device or technology. When we use the word “Services” in these General Terms & Conditions, we mean all the online services provided by Aloha through our apps, websites, and related technologies.
“Software”: refers to the software products we have created and provide, including our web browser, which is available only in object code format. This also includes any updates or upgrades we provide. However, it does not include any third-party software that might be used or included with our products.
“Third-Party Software”: refers to software products developed by external parties that may be included with or used alongside our Software. These are additional tools or features that might be included with our Software to make it work better or offer more options. Since these parts are made by others, we don’t control or develop them.
“Use”: means interacting with our Software by running its programs on your device according to the instructions in the Documentation. It also includes accessing, reading, and using any Documentation or related materials that help you operate and use the Software. Essentially, it covers all actions related to operating, interacting with, or utilizing the Software as described in the Documentation.
3. Intellectual Property
No transfer of rights: You understand that our Services and Software, including their design, code, and documentation, are valuable and protected by intellectual property laws. While we give you a license to use them as described below, we and our suppliers still own all rights to the software and related materials. This Agreement doesn’t transfer any ownership to you. We keep all rights to our Software and patents, except for what’s necessary for you to use our Services as described in these General Terms & Conditions.
Trademarks & Patents: All logos, marks, and designations are trademarks or registered trademarks of Aloha. Other trademarks mentioned on our platforms are owned by their respective owners. You may not use the trademarks and logos displayed on our platforms without prior written permission from Aloha or the owners. Some features and functionalities of Aloha’s products may be protected by our patents or patent applications.
License Use: If you agree to these General Terms & Conditions, we give you a limited, non-exclusive, and non-transferable license to install and use our Software and Services. This means you can use our Software and Services on your personal device. You can use them for your own needs, but you cannot transfer this license to anyone else or let others use it through a sub-license.
License restrictions: You agree not to do the following, and not to let anyone else do them:
- (a) Unauthorized Use: Don't let anyone else use our Software or Services unless it is specifically allowed in these General Terms & Conditions.
- (b) Component Separation: Don’t break down or separate parts of our Software to use on different computers. For example, you can't split the Software and install parts of it on multiple devices.
- (c) Derivative Works: Don’t create new works based on our Software and Services. This means you can’t modify, adapt, translate, or combine our Software and Services into other products, or make any changes to them.
- (d) Transfer and Distribution: Don’t transfer, sublicense, lease, rent, loan, or distribute our Software or Services to anyone else without our permission.
- (e) Source Code Access: Don’t reverse engineer, decompile, disassemble, or try to find out the source code of our Software, unless the law allows it.
- (f) Proprietary Notices: Don’t remove, alter, or make any legal notices or identifying information on our Software, Services, or make their documentation hard to read or find.
- (g) Third-Party Access: Don’t let third parties access or use our Software and Services. This includes situations like application service providers, service bureaus, or time-sharing setups where others might use our Software through you.
4. Third-Party Software.
Third-party software and services come with their own set of terms and conditions, which are typically included with the software or provided during the setup or installation process. The restrictions outlined in our license do not apply to any third-party software, as it is governed by its own terms and conditions. We are not responsible for any issues or problems related to third-party software or services.
5. Responsible Use
Access to Services: We provide you with access to a wide range of resources and services through our platform, including web browsing capabilities, VPN, communication tools, personalized content, and other features. These resources and services are available via our network of services, which can be accessed using any current or future media, devices, or technologies. You agree to use our services responsibly and in compliance with all applicable laws and regulations. Do not use the services for any illegal activities or to infringe on others' rights. Misuse of the Services or violation of these terms may result in suspension or termination of your access to our Services.
Changes to Services: We may change, pause, or stop any of our services at any time. This includes modifying, suspending, or discontinuing the Services, either completely or partially, without prior notice. We are not responsible for any changes, interruptions, or termination of our Services. You agree that Aloha will not be liable to you or any third party for these changes.
Export Control. Our Software and Services may include cryptographic features, and their export is subject to applicable export control laws. You agree to follow all relevant laws and regulations when using our products and services. Do not export or re-export them without the necessary licenses and approvals.
6. Additional terms and conditions for specific services
VPN Service: When you enable our VPN service, your web content requests will go through Aloha's VPN server. Please note that this service does not include web pages on intranet networks. Using VPN may change your browsing experience and could lead to slower webpage loading speeds. We may change, limit, or charge (with your consent) for the VPN service. We may also stop the VPN Service at any time. Please read these VPN Terms & Conditions before using our VPN Service.
Crypto Wallet Service: The Aloha Crypto Wallet is integrated into our browser, providing a non-custodial, user-controlled solution for managing your digital assets. It currently supports Bitcoin plus Ethereum, Polygon, Binance and other EVM‐compatible chains. The in-app wallet service is operated by our trusted partners, and using it requires agreeing to their terms and privacy policy. Some features may be provided by us or third parties with separate terms. You can use the Crypto Wallet Service if it complies with your local laws. Make sure to follow all applicable regulations and handle any taxes related to your cryptocurrency transactions, as Aloha and our partners are not responsible for these obligations. Please read this Disclaimer before using our Crypto Wallet Service.
Private AI Service: The Private AI feature, built into our browser, is an AI-powered chat assistant that lets you submit queries and receive AI-generated responses. Our Private AI does not access your browsing history or the pages you visit. To ensure your privacy, it anonymizes all requests by mixing them with those of other users, making them untraceable back to you. No account or login is required to use the Private AI Service, but there is a limit on the number of requests you can make per day. You can increase this limit by subscribing to our Premium or Premium Plus plans.
Global Availability: We work hard to make our Services available worldwide, but certain services and websites may be restricted in some countries due to local regulations.
7. Disclaimer.
ALL USE OF THE SERVICES AND ANY CONTENT IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK. THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability
Responsibility for Data and Transactions: Aloha is not responsible for unauthorized access to or changes to your data, any issues with sending or receiving materials, or any transactions conducted through our Services and Software.
Content and Conduct: Aloha is not liable for any content or behavior by other parties that you may find threatening, defamatory, obscene, or illegal. This includes any content sent or received through our Services and Software by third parties. We do not take responsibility for any infringement of rights or property by others.
Indemnification: You agree to protect and hold Aloha, its affiliates, and employees harmless from any claims or damages, including reasonable legal fees, that arise from your use of our Services and Software or your conduct while using them.
Limitations on Damages: In no case will Aloha or its suppliers be liable for any for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, related to the use or performance of our Services and Software. This includes delays, inability to use the Services and Software, or any issues related to the information and products obtained through our Services and Software. We’re also not liable for any direct damages in excess (in the aggregate) of the amount you paid for the Service or $500, whichever is higher. Please note that in some places, there might be limitations on liability, so this may not apply universally. If you are not satisfied with our our Services or terms, your only option is to stop using them.
9. Privacy
We are deeply committed to safeguarding the protection and security of your personal information. For information on how we handle your data and cookies, please refer to our Privacy Statement and Cookie Policy. We encourage you to read these documents to understand how to manage your data and cookie settings.
10. Intellectual Property Rights and DMCA Compliance
We respect intellectual property rights and follow the Directive on Copyright in the Digital Single Market (Directive (EU) 2019/790) and the Digital Millennium Copyright Act (DMCA), along with other relevant laws. If you are a copyright owner or authorized representative, please report any suspected infringements on our Services by submitting a Notice of Alleged Infringement. We will promptly review valid notices and may remove the infringing content from our Services at our discretion.
To submit a Notice of Alleged Infringement, please include the following information:
- (a) An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
- (b) Identification of the copyrighted work that you believe has been infringed.
- (c) Identification of the material that you claim is infringing and its location on our Services.
- (d) Information reasonably sufficient to contact you, including your address, telephone number, and email address.
- (e) A statement affirming your good faith belief that the use of the material in question is not authorized by the copyright owner, its agent, or the law.
- (f) A statement, made under penalty of perjury, that the information provided is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
Please send your Notice to: Aloha Mobile Ltd.
84 Spyrou Kyprianou Avenue, 4004 Limassol, Cyprus
Email: legal@alohabrowser.com
11. General
Governing Law and Jurisdiction: These terms are governed by the laws of the Republic of Cyprus. Any disputes related to these terms, or your use of our Services must be resolved in the courts of Cyprus.
Severability: These terms are the complete agreement between you and Aloha regarding the Services, replacing any previous communications or proposals. If any part of these terms is found to be invalid or unenforceable, the rest will still apply.
Modifications: Aloha may assign, transfer or delegate any of its rights and obligations without needing your approval. We may update these General Terms & Conditions occasionally. It’s your responsibility to stay updated, as you must follow the latest terms. We’ll post updates to our General Terms & Conditions online and notify users with Aloha Profiles by email. You’ll also see any changes when you open the browser and must accept the updated terms to keep using our Services.
Termination: Aloha can end your access to the Service at any time if you don't follow these General Terms & Conditions, which might cause you to lose all information linked to your account. If you want to delete your account, just follow the instructions provided on the Services. Please keep in mind that any fees you've paid are non-refundable. Once your account is terminated, all rights and permissions you had will end, but certain parts of the agreement that are meant to survive termination, like warranty disclaimers, indemnity, and liability limitations, will still apply.
Notices: We will respond within 24 hours of receiving your notice.
For Legal Queries: Email us at legal@alohabrowser.com.
For Technical Queries: Email us at support@alohabrowser.com.