Terms Of Service

9. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

10. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

11. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://getpublicip.com/legal/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in Australia, the United States, and the Netherlands. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Australia, the United States, and the Netherlands, then through your continued use of the Services, you are transferring your data to Australia, the United States, and the Netherlands, and you expressly consent to have your data transferred to and processed in Australia, the United States, and the Netherlands.

12. TERM AND TERMINATION

By you

You may cancel your subscription at any time, as described in our Refund & Cancellation Policy. Cancellation stops future renewals; your IP address remains active through the end of the paid period you have already been billed for.

By us for cause

We may suspend or terminate your access to the Service immediately, with notice to you to the extent the circumstances permit, if:

1. you materially breach these Legal Terms or the Acceptable Use Policy, and the breach is not cured within seven (7) days of our notice (or immediately, for breaches that cannot be cured or that relate to serious prohibited activity such as child sexual abuse material, large-scale network attacks, or fraud);
2. your account is more than thirty (30) days past due and you have not responded to our payment-failure notices;
3. continued provision of the Service would cause us to violate a law, regulation, or court order;
4. we reasonably suspect your account has been used to commit fraud or to attack third parties; or
5. we are directed to terminate by a court, regulator, or law-enforcement authority with jurisdiction over us.

By us for convenience

We may terminate your subscription on thirty (30) days' prior notice by email for any other reason. In that case we will refund the unused portion of your current billing period pro-rata.

Effect of termination

On termination, your IP addresses are returned to our pool for reassignment and your WireGuard configurations are permanently disabled. We retain your account information only for the period set out in our Privacy Policy. The provisions of these Legal Terms that by their nature should survive termination will survive, including (without limitation) the Intellectual Property Rights, Acceptable Use, Disclaimer, Limitations of Liability, Indemnification, Governing Law, and Dispute Resolution sections.

If we terminate your account for cause, you may not register a new account under your name, a pseudonym, or the name of a third party without our prior written consent.

13. MODIFICATIONS AND INTERRUPTIONS

Modifications to the Service

We may improve, modify, or discontinue features of the Service at our discretion. Where a modification is material (meaning it reduces the functionality of the Service in a way that significantly affects your use of a paid subscription), we will give you at least thirty (30) days' prior notice by email or via the customer dashboard, and you may cancel the affected subscription for a pro-rata refund of the unused portion of the current billing period.

Non-material modifications (bug fixes, performance improvements, security updates, and clarifying edits to these Legal Terms) may be made without prior notice.

Modifications to these Legal Terms

We may update these Legal Terms from time to time. The updated version will be indicated by a new "Last updated" date. If the update materially reduces your rights, we will give you at least thirty (30) days' advance notice by email or via the dashboard, and you may cancel before the updated Terms take effect for a pro-rata refund of the current billing period. Continued use of the Service after the effective date constitutes acceptance.

Interruptions

Service uptime commitments are set out in our Service Level Agreement. For scheduled maintenance we give at least twenty-four (24) hours' advance notice. Interruptions that are covered by the exclusions in the SLA (including force majeure, customer-caused outages, third-party blocklisting, and scheduled maintenance) do not entitle you to a refund beyond the Service Credits provided under the SLA.

14. GOVERNING LAW

These Legal Terms shall be governed by and defined following the laws of New Zealand. GetPublicIP Limited and yourself irrevocably consent that the courts of New Zealand shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

15. DISPUTE RESOLUTION

If you have a complaint, please contact us first at info@getpublicip.com. We will acknowledge your complaint within five (5) working days and work in good faith to resolve it within thirty (30) days.

If we cannot resolve a dispute informally, either party may bring the matter before the courts of New Zealand, which have exclusive jurisdiction as set out in section 14 above. Nothing in this clause limits your right as a consumer to refer a dispute to the Disputes Tribunal of New Zealand or to any consumer protection body with jurisdiction.

16. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

17. NEW ZEALAND CONSUMER RIGHTS

If you are a consumer in New Zealand, nothing in these Legal Terms excludes, restricts, or modifies any right, guarantee, or remedy you have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other consumer protection legislation that by law cannot be excluded, restricted, or modified. Any provision in these Legal Terms that would otherwise exclude, restrict, or modify such a right, guarantee, or remedy has effect only to the extent permitted by law.

If you are acquiring the Services for the purposes of a business and both you and GetPublicIP Limited are in trade, you agree that the Consumer Guarantees Act 1993 does not apply to the supply of the Services under these Legal Terms and that it is fair and reasonable for the parties to be bound by this exclusion (section 43 of that Act).

18. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Nothing in this section limits or excludes any right, guarantee, or remedy that applies to you under the New Zealand Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other legislation where the relevant statute prevents exclusion, restriction, or modification.

19. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Nothing in this section limits or excludes any right, guarantee, or remedy that applies to you under the New Zealand Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other legislation where the relevant statute prevents exclusion, restriction, or modification.

20. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

21. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

23. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

24. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

25. REFUND AND CANCELLATION

Cancellation and refund terms, including the EU/UK 14-day right of withdrawal, are set out in our Refund & Cancellation Policy, which forms part of these Legal Terms.

26. COPYRIGHT AND DMCA

We respond to notices of claimed copyright infringement as described in our DMCA & Copyright Policy. It is our policy to terminate the accounts of repeat infringers in accordance with that policy and 17 U.S.C. § 512(i).

27. FORCE MAJEURE

Neither party is liable for any failure to perform under these Legal Terms where the failure results from causes outside that party's reasonable control, including natural disasters, war, terrorism, civil unrest, government action, labour disputes, widespread internet outages, failures of upstream transit providers or hosting providers, denial-of-service attacks, pandemics, or failures of public utilities. The affected party will give prompt notice to the other and use reasonable efforts to resume performance. Obligations to pay amounts already due are not excused by this section.

28. ASSIGNMENT

You may not assign or transfer these Legal Terms, whether by operation of law or otherwise, without our prior written consent. Any purported assignment in breach of this section is void. We may assign these Legal Terms, in whole or in part, in connection with a corporate transaction (merger, acquisition, reorganisation, or sale of substantially all our assets) on notice to you.

29. NOTICES

We give you notices by email to the address on your account or by message within the customer dashboard. Such notices are deemed given on the next business day after they are sent. You give us legal notices by emailing legal@getpublicip.com. General support enquiries should be sent to info@getpublicip.com. You are responsible for keeping your email address on file accurate; notices sent to the email address on your account are effective even if the email is not read.

30. NO THIRD-PARTY BENEFICIARIES

These Legal Terms are between you and GetPublicIP Limited. No other person (including without limitation any third-party subprocessor, reseller, or affiliate) has any rights under these Legal Terms, and no other person may enforce any provision of these Legal Terms against either of us.