End User License Agreement

Please read the document below carefully before installing and/or using the Canopy mobile or web application.

General Information

By installing and/or using the Canopy mobile and/or web application, (hereafter: the “Application” or the “Services”), you explicitly confirm and agree that you are entering into a legal agreement with Netspark Inc., a U.S. corporation doing business in the United States as Canopy (hereinafter: “Canopy”, the “Company”, “we”, “us” or “our”), and that you have understood and agreed to abide by and be subject to the conditions and provisions of this End User License Agreement (hereinafter: the “Agreement”). You hereby waive any right to demand an original (non-electronic) signature or delivery or keeping of non-electronic documents, provided such a waiver is not prohibited under the applicable law. If you do not consent to the provisions of this agreement, do not download, install, or use the Application.

Competency

Your purchase and/or installation of the Application constitutes confirmation that you are above the age of thirteen (13) years. If you are aged thirteen (13) to eighteen (18) years, before installing the Application, you must first carefully read this Agreement with a parent or guardian, in order to confirm that you and your parent or guardian understand and consent to the terms of the Agreement.

License for Using the Application

Canopy hereby grants to you, and you accept, a limited, personal, nonexclusive, unassignable, non-negotiable, non-sublicensable, fully revocable license to download, install, and use the Application on a supported device (including a smartphone, tablet, desktop or laptop computer (hereinafter: “Device”) that you own or control, in accordance with the provisions hereof. For the removal of doubt, it is hereby clarified that Canopy will not support hacked Devices, and no services will be provided for such Devices.

Restrictions to the License

You consent not to perform the following actions and not to permit any third party to perform such actions: (1) sublicense, distribute, sell, lease, lend or rent out the Application; (2) make the Application available to a network that may be used by a number of Devices owned or operated by different people at the same time; (3) deconstruct, reverse engineer, decompile, decode, or attempt in any way to find the source code of the Application; (4) copy (except for backup purposes), modify, improve or make derivative works of the Application or any part thereof; (5) bypass, deactivate or otherwise interfere with the security characteristics of the Application, or characteristics that prevent or restrict the use or copying of any content or that impose restrictions on the use of the Application; (6) remove, modify, or obscure any proprietary identification notice, including copyrights, trademarks, patents or other notices, which are included or shown in or through the application; (7) use any communication system supplied by the Application to send commercial correspondences that have not been permitted and/or requested; (8) use the name, logo or trademarks of Canopy without our prior written approval; (9) use the Application in order to violate any applicable law (including privacy laws), applicable rule or regulation, or use the Application for any other unlawful, damaging, irresponsible or inappropriate purpose, or in any way that breaches this Agreement and/or (10) create a user account under a false or fake identity.

Scope of the Services

The Application provides, as part of the Services, filtering services with respect to the applicable content, which is stored on, has been received by, or is transferred to a Device on which the Application is installed (the “Filtering Services”). You can establish and adjust the scope of the Filtering Services that will be provided to you through the Application by adjusting the account settings and/or Application settings. Please note that the Services will not be provided with respect to the content that you will access when operating a “hot spot” while using a Device.

Canopy Cyber Protection Services

As part of the Services, Canopy may offer users of the Application cyber protection services against impersonating sites and sites suspected of containing files and/or programs that are known to be malicious (hereinafter respectively: the “Cyber Services” and theImpersonating Sites”). It is hereby clarified that any reference in this Agreement to the Services will also include the Cyber Services.

The Cyber Services will be provided only to users of the Application who are active customers of the Company and who use Devices that are connected to the Application for Web browsing. The Cyber Services are being offered at this time at no extra cost besides the subscription fee, but you hereby acknowledge that Canopy retains the option to charge for the Cyber Services in the future. In such a case, we will update you regarding this change, and the update will include information regarding the cost of the Cyber Services. Trial period and subscription fees will apply to users who request to purchase the Cyber Services, mutatis mutandis.

It is hereby clarified that in cases in which a user installs VPN software and/or a proxy server on the Device on which the Application is installed, the Cyber Services will not be provided, unless the user has purchased the Cyber Services, and the Company will not be responsible in any way for damage and/or disruption of any kind to a user’s Device who has purchased the Cyber Services, and the Company will not be responsible in any way for damage and/or disruption of any kind sustained by a user and/or any third party as a result of not actually providing the Cyber Services, and the user will not be entitled to any refund for such damage and/or disruption.

In addition to the foregoing, the user understands and confirms that in the following cases, the Cyber Services will be provided only at the primary site address level (and not at the level of internal addresses and pages within the site):

When Canopy’s security certificate has not being installed on the Device for which the user is interested in receiving the Cyber Services; and

In the event that settings, tools, operating systems and other means that may be installed and/or run such that Impersonating Sites do not allow the Cyber Services to be provided, in part or in full.

The User also understands and confirms that the Cyber Services will operate only while browsing the internet when the Filtering Services of the Company are enabled. In the case of the customer’s Filtering Services being inactive, or if the customer chooses to disable Filtering Services, the Cyber Services will not run for those Devices. Also, the Cyber Services will only protect against programs or browsers that contact an address (URL) that has been defined as malicious by third party services that the Company may use in connection with the Cyber Services. Given this, there may be programs and/or impersonating sites that despite the presence of malicious elements, the Cyber Services will not function, for which the Company will assume no responsibility. It is also clarified that the Cyber Services are not being provided with respect to email services.

The Company reserves the right to end and/or cancel and/or reduce at any time, at its sole discretion, part or all of the Cyber Services.

Privacy

The Company may use personal information that we gather or receive with respect to the Application, in accordance with our privacy policy, available at: https://www.canopy.us/privacy (hereinafter: the “Privacy Policy”).

Proprietary Rights

You confirm that:

The Application contains proprietary, secret information that is protected under applicable intellectual property laws and other laws.

Canopy owns all rights to the Application and to additional programs that are supplied through or with the Application, including but not limited to all Intellectual Property Rights thereto. “Intellectual Property Rights” means all rights under patent laws, copyright laws, commercial secret laws, trademark laws, antitrust laws and any other proprietary rights, and any applications, renewals, extensions, recoveries and revalidations thereof, which are effective or will be effective in the future, anywhere in the world. We reserve all rights to the Application that have not been explicitly granted hereunder.

The content in the Application, including but not limited to the text, information, documents, descriptions, products, programs, artwork, graphics, images, sounds, videos, interactive characteristics and the Services (hereinafter: the “Materials”) and the trademarks, service marks and logos included therein (hereinafter: the “Trademarks” and together with the Materials: the “Content”), are the property of Canopy and/or its licensors, and may be protected under copyright laws and conventions and other applicable intellectual property laws and conventions. Canopy and Canopy’s logo are Trademarks of Canopy and its affiliates. All other Trademarks appearing in the Application are the trademarks, service marks or logos of their respective owners.

The Content of the Application is being provided “As Is”, for your personal use, and will not be used, copied, distributed, transmitted, presented, sold, licensed, decompiled or otherwise utilized in any other manner, except with our prior written consent. If you download or print a copy of the Content, you must keep all copyright notices or other intellectual property notices appearing therein.

Automatic Updates

Canopy is not obliged under this Agreement to provide support, maintenance, updates or new versions of the Application. However, the Application may include automatic updates or upgrades among its activities without providing you any additional notice (together, hereinafter: the “Updates”). The installation of the software by you constitutes your consent to the said automatic Updates. Any mention herein of the Application will also include such modifications to the Application. This Agreement will apply to all Updates that will replace or be added to the original Application, unless the Update comes with a separate license agreement that will apply to the Update.

Third Party Sources

The Application allows you to enter, pass through and use Content and services from third party sites that are not under our control or ownership (hereinafter: the “Third Party Sources”). Canopy is not responsible for the Content, services, use conditions, Privacy Policy, acts or procedures of Third-Party Sources. Please read the use and Privacy Policy agreement of each Third Party Source with which you come into contact before performing any such action. Unless otherwise noted, we do not approve or finance any advertisements, sales promotion, campaigns, products, services or other Materials that are included in any Content that may be delivered to you or correspondence that may be delivered to you by Third Party Sources (hereinafter: the “Third Party Content”). You are exclusively responsible for your relations with a Third Party Source. You consent to waive and hereby waive any statutory or just relief that you have against Canopy, and you exempt Canopy of any responsibility that arises from your use of any Third Party Content and your relations with any Third Party Source. For any question or complaint related to a Third Party Source or any Third Party Content, you must contact the Third Party Source directly.

Trial Period and Subscription Fees

The following provisions apply only with respect to a user who purchases and downloads the Application through our website. A user purchasing the Application through any Third Party Source, including but not limited to an app store or app marketplace (hereinafter: a “Store”) will be subject to the Store’s use agreement (including as set forth in Section General below).

In order for the user to be able to use the Services, during the registration process, a user who has registered through the website or application will be required to provide his credit card details in order to pay for the Services through a payment service provider on our part (such as PayPal) (hereinafter: the “Payment Details” and the “Payment Service Provider”) and will be subject to the service agreement and Privacy Policy of the Payment Service Provider.

Unless otherwise stated, it is agreed that the first seven (7) days after the provision of  the Payment Details by the user will be considered as a trial period (hereinafter: the  “Trial Period”) and that we will not charge you payment for the Services during the Trial Period. Following the Trial Period, the license to use the Services will commence to the relevant subscription period purchased by the user, which will be renewed automatically for subsequent periods (hereinafter: the “Subscription Period”). In exchange for the license to use the Services during the Subscription Period, the user will pay Canopy the subscription fee in advance, in accordance with the applicable Canopy subscription fee rate then in effect (hereinafter: the “Subscription Fee”). You confirm and authorize Canopy and its Payment Service Provider to use your Payment Details for collection of the Subscription Fee.

Canopy reserves the right to adjust or update the amount of the Subscription Fee, at its sole discretion. In such a case, we will inform the user of such an Update by sending a notice on the matter of the future change to the user’s email address.

Termination of the Agreement

Canopy is allowed to end this Agreement and/or the license provided hereunder at any time and for any reason. At the time of such a termination of this Agreement by Canopy: (i) the License that has been granted to you pursuant to this Agreement will expire, and you must cease using the Application, and (ii) if you have purchased the Application from our website (and not from a Store), Canopy shall refund a pro-rated amount of the Subscription Fee for the unused period of the Services during the applicable term after the conclusion hereof.

In addition, Canopy is allowed to end this Agreement if the user breaches any provision herein. In the case of such termination, the license that has been granted to you hereunder will expire, and you will be required to cease use of the Application. In addition, it is clarified that in such a case, the user will not be allowed to receive any refund for any portion of the Subscription Fee.

If you wish to end this Agreement, you will be required to (i) provide us with a detailed written request sent to the email address help@canopy.us or (ii) if you originally purchased the Services directly from our website, log in to your account on the website www.canopy.us and cancel the automatic renewal option in your subscription payment preferences or (iii) if you purchased the Services from a Store, cancel the automatic renewal option via your account with the relevant Store. Your request to conclude this Agreement will take effect in the month after the month during which the conclusion notice was given, and the Subscription Period will not be renewed. If you choose to end this Agreement within the first thirty (30) days after you register for the Application (including the Trial Period) and you have purchased the application from our website (and not through a Store), we will refund you the full amount of the Subscription Fee within a reasonable amount of time if you provide us with a detailed written request for such a refund. Thereafter, should you choose to end this Agreement, no refund shall be provided. Please note that removal of the Application from the Device will not be considered termination of this Agreement.

This Section Termination of the Agreement and Sections Privacy, Proprietary Rights, Indemnification, Disclaimer of Warranties, Limitation of Liability, Assignment to General, will continue to apply after the conclusion hereof.

Indemnification

You agree to indemnify Canopy, its subsidiaries and affiliates and their officers, representatives and employees, for any claim or procedure that arises from or is related in any way to your use of the Services or breach of this Agreement, including any liability or expense arising from any claims, damage, legal procedures, judgments, trial expenses and attorney fees, of any kind.

Disclaimer of Warranties

You understand and explicitly agree that:

The Services are provided AS IS, without any obligations of any kind, including but not limited to declarations, undertakings and conditions for merchantability, suitability for a certain use, ownership, non-violation and undertakings arising pursuant to a law, or commercial practice or custom.

We do not warrant that the Services will operate without faults, without disturbances, that they will be clear of viruses and other malicious code, that we will repair any faults in the Services, and/or that the Application will filter any relevant Content sent by, received by, and/or stored on the Device. You agree that we will not be responsible for any damage or consequences of any kind that you or any third party may sustain which may result from using the Services, including with respect to any failure to filter Content from and/or in an application, and/or as a result of the inability to receive or delete any Content (including Content that is included in third party applications) as a result of the Services and/or the Application.

In addition, it is explicitly declared that the Application may cause technical faults in the Device, including but not limited to with respect to the Internet (including slowing of the Internet speed), the Device’s operating system, and the operation of other applications that are installed on the Device, and you agree that Canopy will not be responsible for any damage or consequence of any type that will be sustained by you or any third party, which may result from such technical faults as those mentioned above.

Canopy does not warrant that the Services and the functioning of the Application will be identical on every Device and/or operating system and/or on different versions of any operating system and/or different versions of the Application, and will not be responsible for any claim that is made in this regard. In addition, we do not warrant that the Services will run during inactivity of the Device and we will not be responsible for any claim that is made in this regard.

Without detracting from the statements in Section License for using the Application above, Canopy will not be responsible for any claims and/or damage arising from installation of the Application and/or use of the Services on hacked Devices.

In addition, it is hereby declared that any unauthorized attempt to remove the Application from a Device or otherwise bypass the protections built into the Application may cause destruction of and/or damage to a Device (including to the hardware and/or software of the Device), its operating system or any other function or application therein, and you agree that Canopy will not be responsible for any damage or consequences of any kind that you or any third party will sustain, which may result from the foregoing.

In addition, it is hereby declared that there may be cases in which the operation of the Services will result in utilization of your browsing package, and Canopy will not be responsible for any damage or consequences of any kind that you or any third party may sustain, which may result from the foregoing, including additional payment demands from your Internet service provider.

In addition it is hereby clarified that the scope of the Services that will be provided to users who have downloaded the Application through a Store is limited and minor compared to the scope of the Services provided to users who have downloaded the Application from our website.

In the case of a dispute with a manager or any third party with respect to the Services, we will not be responsible for any claim or compensation arising from or pertaining to the said dispute. We are allowed but not obliged to investigate any such dispute.

Limitation of Liability

In any case, Canopy will not be responsible for any special, direct, indirect, incidental, punitive or consequential compensation or for any loss of data, damage to a Device, or loss of goodwill that arises from or pertains to this Agreement, or which arises from the use or inability to use the Services, even if Canopy has learned about the possibility of occurrence of such damage.

In any case, Canopy’s total cumulative liability for any damage arising from or pertaining to this Agreement or arising from your use or inability to use the Services will not exceed in any way the total of the amounts, if any, which have been actually paid by you to Canopy for use of the Application during the most recent previous Subscription Period (not including Subscription Periods that have been extended before the claim filing date).

Assignment

This Agreement and all rights and licenses granted under it will not be transferred or assigned by you, but Canopy is allowed to assign them without limit and without need for notification.

Third Party Open Source Code Software

Some parts of the application may contain open source programs originating from third parties, which are subject to third party conditions (hereinafter: “Third Party Conditions”). In the case of contradiction between any Third Party Conditions and the terms of this Agreement, the Third Party Conditions will take precedence, but only with respect to the open source code programs of relevant third parties.

Amendments

We reserve the right to amend this Agreement at any time, by sending notification of such an amendment to the email address previously provided by the user. Such a correction will take effect ten (10) days after the date said announcement is sent, and your continued use of the Application thereafter constitutes your consent to the amendments described therein.

Contact Information

You may contact the Company’s customer service department at any time by sending an email to the address help@canopy.us.

General

Only the laws of Texas, USA will apply to this Agreement and it will be interpreted according to them. The competent courts in Austin, Texas will have sole jurisdiction in any dispute or conflict arising between the parties as a result of this Agreement.  

If, for any reason, a competent court finds that any provision of this Agreement is invalid or unenforceable, the other provisions of this Agreement will remain in full effect.

Refrainment from enforcing or failure by Canopy to enforce any right or condition herein will not constitute a waiver of such a right or condition.

Even if a competent court finds that any provision in the Agreement is invalid, the parties agree that the court must attempt to give effect to the intentions of the parties as reflected in the said provision, and the remaining provisions of the Agreement will remain in full effect.

You agree, despite any provision or law stating otherwise, that any claim or cause of claim arising from or related to the use of the Services or this Agreement must be submitted within one (1) year of the day of formation of the claim or the cause of the claim, or said claim will be permanently stopped.

This Agreement and the Privacy Policy constitute all covenants between the parties with respect to the object of the Agreement and supersede all previous understandings or covenants, oral or in writing, with respect to the object of the Agreement. Any waiver of a provision herein will be valid only if made in writing and signed by Canopy and/or third parties providing third party programs through or with the software.

Distributor Requirements and Rules of Use

Apple

If you have downloaded the Application from the app store of Apple, Inc. (hereinafter: “Apple”) (or in any case, if you download an Apple iOS application), then without derogating from the exemptions from liability and restrictions of liability stated in the Agreement:

You confirm and agree that:

This Agreement has been signed between Canopy and you only, and not Apple, and Canopy is solely responsible for the Application and the Content appearing therein. Your use of the application is also subject to the rules of use established by Apple, including the rules set forth in the user agreement of Apple’s app store, as effective at the time of our signing of this Agreement. The license hereby granted is limited to a nontransferable right to use the Application on an Apple iPhone, iPod Touch, iPad or other Apple product, which you own or control, and which is operated using iOS; Canopy will be responsible alone for providing any maintenance and support service with respect to the Application, as set forth herein, or as required under the applicable law. Apple is not required in any way to provide any maintenance or support services with respect to the Application; Canopy is the only party responsible for any product liability, whether explicit or implied by law, if not duly disavowed. In the case of any unsuitability of the Application for any applicable liability, you may inform Apple of this and Apple will reimburse you, as the case may be, with the purchase fee paid by you (if at all) for the Application. To the maximum extent permitted under applicable law, Apple will not be responsible in any way with respect to the Application, and any claims, damage, liability, costs or expenses with respect to a failure to fulfill any obligation will be under Canopy’s sole responsibility. Canopy, rather than Apple, is responsible for dealing with all of your claims or any third party claims with respect to the Application or your possession and/or use of the Application, including but not limited to the following: (A) product liability claims; (B) any claim stating that the Application does not conform to any applicable statutory or regulatory requirement; and (C) claims applying under the consumer protection laws or similar laws

In the case of any third party claim whereby the Application or your possession or use of the Application infringes third party intellectual property rights as set forth, Apple will not be responsible for any investigation, defense, settlement or payment of any such intellectual property infringement claim;

Apple and its subsidiaries are third party beneficiaries in this Agreement, and after you approve this Agreement, Apple will be allowed (and will be considered as having received the right) to enforce this Agreement against you as a third-party beneficiary hereof.

You represent and warranty that: (A) you are not located in a country that has been subjected to an embargo of the United States Government, or which has been classified by the United States Government as a “state sponsor of terrorism”; and (B) you do not appear in any list of barred or restricted parties of the United States Government.

For any question, complaint or contention related to the Application, please contact Canopy at the address: help@canopy.us.

By signing this Agreement, you waive, to the maximum extent permitted by law, any applicable law that requires this Agreement to be localized for conforming to the requirements of your language and other local requirements. If the foregoing is not permitted, you agree to be subject to the Apple License Application End User License Agreement that is part of the Apple App Store Terms of Service that may be found at the address www.apple.com/legal/itunes/us/terms.html@SERVICE (as amended from time to time).

Last updated: June 2020