Terms of Service

1. Introduction & Scope

1.1 Purpose of Agreement

These Terms of Service ("Terms", "Agreement") establish the legal framework governing your use of ZKyNet's MVP Virtual Private Network service ("Service", "ZKyNet MVP VPN"). This Agreement ensures clear understanding of rights, responsibilities, and expectations for all parties involved in the provision and use of our privacy infrastructure service.

1.2 Parties to Agreement

This Agreement is between:

• ZKyNet™ ("Company", "we", "us", "our"), a Canadian corporation developing privacy technology solutions
• Service Users ("User", "you", "your", "Customer"), individuals or entities subscribing to our VPN service

1.3 Agreement Acceptance

By creating an account, making payment, or accessing our Service, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy. If you do not agree to these Terms in their entirety, you must not use our Service.

1.4 Eligibility Requirements

• You must be at least 18 years of age or the age of majority in your jurisdiction
• You must have the legal capacity to enter into binding contracts
• You must not be prohibited from using VPN services under applicable law
• You must provide accurate and complete information during registration

2. App Distribution Models

2.1 Two Distribution Channels

ZKyNet MVP VPN is distributed through two distinct channels with different business models. It is important to identify which version you are using to understand which terms apply to your usage.

2.2 How to Identify Your Version

2.3 Terms Applicability Framework

Throughout this Terms of Service document, sections will be marked with one of the following indicators:

3. Service Overview

3.1 Service Description

ZKyNet MVP VPN is a subscription-based Virtual Private Network service that provides secure, encrypted internet connectivity through our server infrastructure. Our service is designed as a proof-of-concept demonstrating our technical capabilities while we develop our advanced ZKyNet privacy infrastructure technology.

2.2 Core Service Features

• Encrypted Tunneling: WireGuard and AmneziaWG protocol support for secure data transmission
• Cross-Platform Access: Android mobile application with additional platforms in development
• Custom Configurations: Ability to implement personalized VPN configurations
• Geographic Server Options: Multiple server locations for optimal performance
• API Integration: RESTful API for application and service integration

2.3 Service Limitations

Important: This is an MVP (Minimum Viable Product) service with the following limitations:

• Limited server capacity and geographic coverage
• Beta-stage software with potential bugs or performance issues
• Different privacy architecture from our future ZKyNet technology
• Service features and availability may change as we develop our platform

2.4 Technical Infrastructure

Our Service operates on:

• Backend: Flask-based REST API with automated SSL certificate management
• Database: Secure user and configuration management system
• Mobile Client: Native Android application with modern architecture
• Infrastructure: Containerized deployment with persistent data storage

4. Subscription & Billing

4.1 Subscription Model

ZKyNet MVP VPN operates on a subscription-based service model. Access to our Service requires an active, paid subscription according to the pricing tier you select.

3.2 Service Tiers

3.3 Payment Processing

Billing and payment processing are handled through our payment processor, Paddle. By subscribing to our Service:

• You agree to Paddle's terms of service and privacy policy
• Payment information is processed and stored by Paddle, not ZKyNet
• Billing disputes should be directed to Paddle through their support channels
• We receive limited billing information necessary for account management

3.4 Billing Cycles

• Monthly Subscriptions: Billed every 30 days from signup date
• Annual Subscriptions: Billed every 365 days with discounted rates
• Beta Pricing: Special rates during development phase
• Pro-rated Billing: Plan changes are pro-rated to the next billing cycle

3.5 Payment Failure

If payment fails or becomes past due:

• Service access may be immediately suspended
• Automatic retry attempts will be made per Paddle's policies
• Account data is retained for 30 days to allow payment resolution
• Accounts with unresolved payment issues will be permanently deleted

5. Refund & Cancellation Policy

4.1 Cancellation Rights

You may cancel your subscription at any time through:

• Your Paddle customer portal (accessible via email receipts)
• Contacting our support team at support@zkynet.org
• Using account management features when available

4.2 Refund Policy

7-Day Satisfaction Guarantee: New subscribers may request a full refund within 7 days of initial subscription, provided:

• The refund request is made within 7 days of first payment
• The account has not violated these Terms of Service
• The request is submitted through proper channels
• No excessive bandwidth usage or abuse has occurred

4.3 Paddle Refund Processing

All refunds are processed according to Paddle's policies:

• Refunds typically process within 5-10 business days
• Refunds are issued to the original payment method
• Processing fees may be deducted per Paddle's terms
• International transactions may incur additional fees

4.4 No Refund Situations

Refunds will not be granted for:

• Accounts terminated for Terms of Service violations
• Subscriptions canceled after the 7-day guarantee period
• Service interruptions beyond our reasonable control
• Incompatibility with specific devices or networks
• Change of mind after the guarantee period

4.5 Service Continuation After Cancellation

After cancellation:

• Service access continues until the end of the current billing period
• No partial refunds for unused portions of billing periods
• Account data is retained for 30 days for potential reactivation
• VPN configurations and access credentials are deactivated immediately upon expiration

6. F-Droid Specific Terms

6.1 Free Software Distribution

The F-Droid version of ZKyNet MVP VPN is distributed as free and open source software (FOSS) through the F-Droid repository. This distribution follows open source software principles and community-based support models.

6.2 No Account Required

• Anonymous Usage: No user registration, account creation, or personal identification required
• Direct Installation: App installs directly from F-Droid without intermediary services
• No User Tracking: We cannot identify individual users of the F-Droid version
• Local Configuration: All VPN configurations stored locally on your device

6.3 Donation-Based Support Model

The F-Droid version is supported through voluntary donations:

• Optional Support: Donations are voluntary and do not create service obligations
• No Purchase Agreement: Donations do not constitute payment for services
• Development Support: Donations support continued development of privacy infrastructure
• No Refunds: Donations are not refundable as they are not payments for services

6.4 Open Source Licensing

6.5 Limited Support and Services

F-Droid users receive community-based support:

• Community Support: Primary support through community forums and documentation
• No Service Level Agreements: No guaranteed response times or service availability
• Best Effort Basis: Support provided when time and resources permit
• User Responsibility: Users responsible for configuration, troubleshooting, and maintenance

6.6 Data Collection and Privacy

F-Droid version implements minimal data collection:

• No Account Data: No usernames, passwords, or account information collected
• Optional Email: Email addresses collected only if user voluntarily subscribes to updates
• No Usage Analytics: No tracking of app usage, connections, or user behavior
• Local Storage: All user data stored locally on device

6.7 F-Droid Repository Compliance

Our F-Droid distribution complies with F-Droid policies:

• No Tracking: Compliance with F-Droid's anti-tracking requirements
• Open Source: Full source code availability and audit capability
• No Non-Free Dependencies: All dependencies are free and open source software
• Privacy Respect: Minimal data collection and user privacy protection

6.8 Service Model Acknowledgment

7. User Responsibilities

7.1 Legal Compliance

As a user of our Service, you agree to:

• Comply with Laws: Use the Service in accordance with all applicable federal, provincial, and local laws
• Respect Jurisdictions: Understand and follow the laws of countries from which you access the Service
• Legal Activities Only: Use the Service solely for lawful purposes and legitimate business or personal activities
• Third-Party Rights: Respect intellectual property rights, privacy rights, and other legal rights of third parties

5.2 Security Compliance

• Account Security: Maintain the confidentiality and security of your account credentials
• Access Control: Prevent unauthorized use of your account by third parties
• Incident Reporting: Immediately report any suspected unauthorized access or security breaches
• Software Updates: Keep client applications updated to the latest secure versions
• Safe Practices: Follow cybersecurity best practices when using the Service

5.3 Ethical Conduct

We expect all users to maintain high standards of ethical conduct:

• Respectful Usage: Respect other users, our staff, and the broader internet community
• Honest Communication: Provide accurate information in all interactions with our Service and support
• Fair Resource Usage: Use Service resources reasonably and avoid activities that may negatively impact other users
• Community Standards: Uphold community standards that promote a positive online environment

5.4 Technical Responsibilities

• Compatible Devices: Ensure your devices meet minimum system requirements
• Network Requirements: Maintain adequate internet connectivity for Service functionality
• Configuration Management: Properly configure and maintain VPN settings according to documentation
• Troubleshooting: Attempt basic troubleshooting before contacting support
• Feedback: Report bugs, issues, or suggestions to help improve the Service

5.5 Account Management

• Accurate Information: Provide and maintain accurate account and billing information
• Communication: Respond to legitimate communications from ZKyNet regarding your account
• Usage Monitoring: Monitor your usage to ensure compliance with fair use policies
• Data Responsibility: You are responsible for any data transmitted through the Service

6. Privacy & Data Handling

6.1 Privacy Commitment

ZKyNet is committed to protecting user privacy while maintaining the technical and legal requirements for operating a VPN service. Our privacy practices are designed to comply with Canadian privacy law (PIPEDA) and international best practices.

6.2 Data Collection - Actual Implementation

Based on our current technical implementation, we collect and store:

6.3 Data We Do Not Collect

• Your real IP address once connected (only during initial handshake)
• Websites you visit or browse while connected
• Content of your internet traffic or communications
• DNS queries made through our service
• Files downloaded or uploaded through the VPN
• Specific usage patterns or browsing behavior

6.4 Data Retention Policy

Updated Retention Schedule (Based on Actual Implementation):

• Account Information: Retained throughout subscription period plus 30 days after cancellation
• VPN Configurations: Retained for service functionality; deleted within 30 days of account termination
• Payment Records: Processed and retained by Paddle per their data retention policies
• Support Communications: Retained for 2 years for service improvement and legal requirements
• No Connection Logs: We do not maintain logs of your VPN connections or traffic

6.5 Third-Party Data Sharing

We may share data with trusted third parties in limited circumstances:

• Payment Processor (Paddle): Billing information and subscription management data
• Infrastructure Providers: Minimal technical data required for service operations
• Legal Requirements: When compelled by valid legal process in accordance with Canadian law
• Security Incidents: Limited data sharing for legitimate security investigations

6.6 Your Privacy Rights

Under PIPEDA and our privacy commitment, you have the right to:

• Access your personal information we hold
• Request correction of inaccurate information
• Request deletion of your account and associated data
• Understand how your information is used and shared
• File complaints with the Privacy Commissioner of Canada

7. Service Availability & Performance

7.1 Service Level Expectations

As an MVP service, we strive to provide reliable connectivity while acknowledging the inherent limitations of beta-stage technology:

• Target Uptime: 95% availability (subject to maintenance and technical issues)
• Planned Maintenance: Scheduled during low-usage periods with advance notice when possible
• Performance Variability: Connection speeds and latency may vary based on server load and network conditions
• Geographic Limitations: Service quality may vary by location and distance to servers

7.2 Service Interruptions

Service may be temporarily unavailable due to:

• Scheduled maintenance and system updates
• Infrastructure failures or network issues
• Security incidents requiring immediate response
• Force majeure events beyond our reasonable control
• ISP or upstream provider connectivity issues

7.3 Performance Expectations

7.4 Rate Limiting and Fair Use

To ensure quality service for all users:

• API requests are limited to prevent abuse
• Excessive bandwidth usage may trigger temporary speed limitations
• Multiple concurrent connections from single accounts may be restricted
• Automated or bot traffic is prohibited

7.5 Service Credits

In cases of significant service disruption (>48 hours of unavailability due to our infrastructure):

• Service credits may be applied to your account
• Credits are calculated as pro-rated subscription time
• Credits do not apply to issues outside our direct control
• Credit requests must be submitted within 30 days of the incident

8. Acceptable Use Policy

8.1 Permitted Uses

Our Service is designed to support legitimate privacy needs:

• Personal Privacy: Protecting personal information and browsing activities
• Public Wi-Fi Security: Securing connections on untrusted networks
• Geographic Access: Accessing content available in different regions (where legal)
• Business Communications: Protecting sensitive business communications and data
• Research and Development: Legitimate technical research and testing

8.2 Prohibited Activities

The following activities are strictly prohibited and may result in immediate account termination:

Illegal Activities:

• Any activity that violates Canadian federal, provincial, or local laws
• Activities that violate the laws of your jurisdiction
• Copyright infringement or intellectual property violations
• Distribution of illegal content or materials

Network Abuse:

• Spam, bulk email, or unsolicited communications
• Distributed Denial of Service (DDoS) attacks
• Network scanning, penetration testing, or vulnerability probing of third-party systems
• Botnet operations or command and control activities

Malicious Activities:

• Distributing malware, viruses, or harmful code
• Phishing, fraud, or identity theft
• Unauthorized access to computer systems or networks
• Data harvesting or scraping without permission

Service Abuse:

• Reselling or redistributing Service access without permission
• Sharing account credentials with unauthorized parties
• Attempting to circumvent usage limitations or restrictions
• Using the Service to provide services to third parties

8.3 Enforcement and Investigation

While we respect user privacy, we reserve the right to:

• Investigate credible reports of Terms violations
• Monitor network traffic patterns for abuse detection
• Cooperate with legitimate law enforcement requests
• Terminate accounts that violate these Terms
• Report illegal activities to appropriate authorities

8.4 Violation Response Process

When Terms violations are identified, we may take the following actions:

• Warning: Initial notice for minor or first-time violations
• Temporary Suspension: Short-term service restriction for moderate violations
• Account Termination: Permanent removal for serious or repeated violations
• Legal Action: Pursuit of legal remedies for damages or criminal activity

9. Limitation of Liability

9.1 Service Disclaimers

Important: Our Service is provided "as is" and "as available" with the following disclaimers:

• No Warranties: We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose
• Beta Software: As MVP technology, the Service may contain bugs, errors, or security vulnerabilities
• Performance Variability: No guarantee of specific performance, speed, or uptime levels
• Complete Security: No technology can provide absolute security or privacy protection
• Third-Party Compatibility: No guarantee of compatibility with all devices, networks, or applications

9.2 Limitation of Damages

To the maximum extent permitted by Canadian law:

• Maximum Liability: Our total liability shall not exceed the amount paid for the Service in the 12 months preceding the claim
• Excluded Damages: We shall not be liable for indirect, incidental, special, consequential, or punitive damages
• Business Losses: No liability for lost profits, business interruption, or commercial losses
• Data Loss: No liability for data loss, corruption, or unavailability

9.3 User Responsibility

You acknowledge and agree that:

• You use the Service at your own risk and responsibility
• You are solely responsible for your activities while using the Service
• You must implement appropriate backup and security measures for your data
• You are responsible for compliance with applicable laws and regulations

9.4 Force Majeure

We shall not be liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including:

• Natural disasters, pandemics, or acts of God
• Government actions, regulations, or sanctions
• Internet infrastructure failures or cyberattacks
• Supplier or vendor failures
• Labor disputes or shortages

10. Legal & Compliance

10.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Canada and the Province of Ontario, without regard to conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or provincial courts located in Ontario, Canada.

10.2 Dispute Resolution

Progressive Resolution Process:

1. Direct Communication: Contact our support team to resolve disputes informally
2. Mediation: Good faith mediation through a mutually agreed mediator
3. Arbitration: Binding arbitration under the rules of the ADR Institute of Canada
4. Court Proceedings: Litigation in Ontario courts as a last resort

10.3 Intellectual Property

• ZKyNet Rights: All Service technology, software, and content remain our exclusive property
• User License: You receive a limited, non-transferable license to use the Service
• Restrictions: No copying, modification, or reverse engineering of our software
• Feedback: Any feedback or suggestions you provide may be used by ZKyNet without compensation

10.4 Regulatory Compliance

Our Service operates in compliance with:

• PIPEDA: Canada's Personal Information Protection and Electronic Documents Act
• CASL: Canada's Anti-Spam Legislation for marketing communications
• Telecommunications Act: Canadian telecommunications regulations where applicable
• International Standards: Adherence to applicable international privacy and security standards

10.5 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be replaced with a valid provision that most closely reflects the intent of the original provision.

10.6 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ZKyNet regarding the Service and supersede all prior agreements, communications, and understandings.

11. Changes to Terms

11.1 Modification Rights

ZKyNet reserves the right to modify these Terms at any time to reflect changes in our Service, legal requirements, or business practices. We are committed to providing reasonable notice of material changes.

11.2 Notification Process

When we update these Terms:

• Advance Notice: Material changes will be announced at least 30 days before taking effect
• Email Notification: Registered users will receive notification via email
• Website Notice: Updated Terms will be posted on our website with revision dates
• Version Control: Previous versions will be archived for reference

11.3 Acceptance of Changes

• Continued Use: Continued use of the Service after the effective date constitutes acceptance of updated Terms
• Opt-Out Right: If you disagree with changes, you may cancel your subscription before the effective date
• No Partial Acceptance: You must accept the Terms in their entirety; partial acceptance is not permitted

11.4 Emergency Changes

In cases of legal requirements, security vulnerabilities, or other urgent circumstances, we may implement immediate changes with shorter notice periods. We will provide explanation and full notice as soon as reasonably possible.

12. Contact Information

12.1 General Contact

12.2 Support Response Times

• General Support: 48-72 hours during business days
• Technical Issues: 24-48 hours for service-affecting problems
• Account Issues: 24 hours for billing and access problems
• Legal/Privacy: 30 days maximum for formal requests

12.3 Regulatory Contacts

For privacy complaints not resolved to your satisfaction:

12.4 Business Information