Approximated, Inc.  (“Company”) Terms of Use for Approximated.app Service

Effective as of 2023-05-01

 

Welcome to the Approximated, Inc. Terms of Use agreement for the Approximated.app Service. For purposes of this agreement, “Site” refers to the Company’s hosted online service, which can be accessed at https://approximated.app and https://cloud.approximated.app. “Service” refers to the Company’s services accessed via the Site, in which users can route internet traffic through server clusters managed by the Company. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a customer of our Site or Service.

The following Terms of Use apply when you install, transport, or use the Approximated.app Service anywhere.

Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.  

ABOUT SERVICE

The Service allows you to:

• Route or redirect traffic for most website domains and subdomains to a target server of your choice.

• Secure network HTTP requests to the Service with SSL/TLS certificates that are managed by the Service

RULES FOR USER CONDUCT AND USE OF THE SERVICE

You agree to notify us immediately of any unauthorized access to your Approximated.app account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized access of your account, or from actions of your own or your staff that may impact your usage of the Service..

 

USE RESTRICTIONS

Your permission to use the Service is conditioned upon the following use and conduct restrictions: 

You agree that you will not under any circumstances:

• Resell the Service as a competitor of the Service

• Reverse engineer the Service

• Use the Service for any illegal, unethical, or malicious purposes including but not limited to:

• Denial of service attacks

• Obscuring ownership of sites and services

• Serving illegal content or services

• Serving any content or software that may be damaging to the functioning of  public users devices or software

• Defamation, inciting violence, harassment, or otherwise deliberately harmful acts towards organizations or individuals

• Provide false or inaccurate information when registering an account

• Interfere or attempt to interfere with the proper functioning of the Service

• Take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure

• Circumvent, disable or otherwise interfere with any security-related features of the Service, or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service

• Use the Service to provide service for activities, or users participating in the activities listed in the Restricted Services section of this document.

RESTRICTED SERVICES

Illegal products and services

• Illegal drugs, substances designed to mimic illegal drugs, and equipment designed for making or using drugs

• Fake references or ID-providing services

• Telecommunications manipulation equipment including jamming devices

• Any business or organization that a. engages in, encourages, promotes or celebrates unlawful violence or physical harm to persons or property, or b. engages in, encourages, promotes or celebrates unlawful violence toward any group based on race, religion, disability, gender, sexual orientation, national origin, or any other immutable characteristic

• Any other products or services that are in violation of law in the jurisdictions where your business is located or targeted to

 

Products and services that infringe intellectual property rights

• Sales or distribution of music, movies, software, or any other licensed materials without appropriate authorization

• Counterfeit goods; illegally imported or exported products

• Unauthorized sale of brand name or designer products or services

• Any other products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, proprietary or privacy rights of any third party

Products and services that are unfair, predatory, or deceptive

• Pyramid schemes

• ‘Get rich quick’ schemes including: investment opportunities or other services that promise high rewards to mislead consumers; schemes that claim to offer high rewards for very little effort or up front work; sites that promise fast and easy money; businesses that make outrageous claims, use deceptive testimonials, use high-pressure upselling, and/or use fake testimonials; (with or without a written contract) offering unrealistic incentives/rewards as an inducement to purchase products or services but do not respond to any queries after the purchase

• No value added services including sale or resale of a service without added benefit to the buyer and resale of government offerings without authorization or added value

• Sales of online traffic or engagement

• Negative response marketing and telemarketing

• Predatory mortgage consulting, lending, credit repair and counseling services

• Predatory investment opportunities with no or low money down

• Remote technical support; mugshot publication or pay-to-remove sites; essay mills; chain letters; door-to-door sales

• Any other businesses that Approximated considers unfair, deceptive, or predatory towards consumers

Adult content and services

• Pornography and other mature audience content (including literature, imagery and other media) depicting nudity or explicit sexual acts

• Adult services including prostitution, escorts, pay-per view, sexual massages, and adult live chat features

• Adult video stores

• Gentleman's clubs, topless bars, and strip clubs

Certain legal services

• Law firms collecting funds for purposes other than legal service fee payment

• Bankruptcy attorneys

• Bail bonds

 

Firearms, explosives and dangerous materials

• Guns, gunpowders, ammunitions, weapons, fireworks and other explosives

• Peptides, research chemicals, and other toxic, flammable and radioactive materials

Gambling

• Games of chance including gambling, internet gambling, sweepstakes and contests, fantasy sports leagues with a monetary or material prize

• Sports forecasting or odds making with a monetary or material prize

• Lotteries

• Bidding fee auctions

Marijuana

• Cannabis products

• Cannabis dispensaries and related businesses

• Products containing any amount of CBD/THC

Regulated Financial products and services

• Investment and brokerage services

• Lending services

• Buy Now Pay Later services

• Crowdfunding

• Debt collection agencies

• Insurance services including medical benefit packages

• Money transmitters, currency exchange services and other money services businesses

• Neobanks / challenger banks

• Other financial institutions

Government services

• Government grants

• Embassy, foreign consulate, or other foreign governments

• Pharmaceuticals, medical devices and telemedicine

Online pharmacies

• Prescription-only products including card-not-present pharmaceuticals

• Prescription-only and regulated medical devices

• Telemedicine and telehealth services

• Tobacco

Other

• Tobacco products including e-cigarettes and e-liquid

• Credit card and identity theft protection services

• Multi-level marketing

The types of businesses listed are representative but not exhaustive.

 

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

 

WARRANTY DISCLAIMER

THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USAGE OF THE SERVICE, INCLUDING DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE,  OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

 

MODIFICATION OF TERMS OF USE

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.

GENERAL TERMS

If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Site are governed by the state laws of the United States and the laws of the statee of Delaware, without regard to conflict of law provisions.

We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.