Terms of Service

Effective: October 1, 2015 00:00 UTC. Version 2.2

Summary

Our services are used by many people and we're proud of the trust that represents. But this works both ways… just because our services give people privacy and anonymity, it does not mean it's ok to use them for illegal purposes. It isn't. Although we cannot see anything inside our apps, or that travels over the Kahuna™ Network, if a third party presents us with plausible evidence that the terms of service described below are being violated, we have the right to immediately terminate the offending accounts. Put simply…

Don't do bad things!

Our services are not intended for and may not be used by people under the age of 18 unless you are part of your parent's family plan. By using our Services you are representing to us that you meet these conditions. The remainder of this document describes our Terms of Service ("ToS") in detail.

Prohibited Use

By installing any of our applications, and when using the Kahuna™ Network, you agree not to misuse our services ("Services"). Specifically, you must not do any of the following:

  • Violate the law in any way, including storing or sharing fraudulent, defamatory, misleading or illegal material, or material that violates the privacy or rights of others.
  • Probe, scan or test the vulnerability of our websites, applications or the Kahuna™ network.
  • Breach or circumvent any security or authentication measures.
  • Access areas of the Services you have not been authorized to use.
  • Interfere in any way with other users or the Kahuna™ network.
  • Access or search the Services by any means other than our publicly supported interfaces.
  • Send unsolicited communications, promotions, advertisements or spam.
  • Send altered, deceptive or false source-identifying information, including "spoofing" or "phishing".
  • Use automated or other means to create accounts in bulk or to access the Services other than by using our official interface and/or APIs.
  • Sell or resell our Services via unauthorized methods.
  • Abuse the free trial period or free Kahuna™ Traffic Credits of any of our services by repetitively installing trial copies.

Web Account Credentials

Web account credentials: You alone are responsible for maintaining the confidentiality of your web account login name, password, PIN and other verification and change-control code(s). You are responsible for all activities, charges and damages that occur under your account. If you believe someone is using your web account without your permission, you should contact us immediately.

Application Credentials and Encryption Keys

Some of our Services consist of software ("Applications" or "Apps") which you can download and install on your devices, and which may update automatically.

So long as you comply with these ToS, we give you a limited, nonexclusive, nontransferable, revocable license to use the apps as described in the license that applies to and is distributed with each. To the extent any component of the apps may be offered under an open source license, we'll make that license available to you and the provisions of that license may expressly override some of these Terms. You agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

Application credentials: You alone are responsible for maintaining the confidentiality of your app login credentials, including your master password, persona passwords and image-login information. If you lose your application credentials we can NOT help you; we have no access to them and no way to help you recover them. You are strongly advised to use complex but highly memorable passwords or pass-phrases and login images that are rich in memorable points.

Encryption keys: The cryptography used with data in our apps is supplied by open-source plug-ins running on your devices and involves several types of keys, some of which are public and some of which are private to you. All of your private keys are created exclusively on and forever remain only within your device, and can only be accessed using your app login credentials. You alone possess those credentials and you alone are responsible for maintaining them safely. If you lose your app login credentials we can NOT help you; we have no access to your encryption keys and no way to help you recover them.

Copyrights, Trademarks, Logos and Brands

The Services are protected by copyright, trademark, and other national and international laws. These ToS do NOT grant you any right, title or interest in the Services, others' content in the Services, our trademarks, logos and other brand features.

User Feedback and Comments

We welcome your feedback, but note that we may use comments or suggestions without any obligation to you. By supplying comments to us you grant us the right to reproduce them in whole or in part in our promotional materials, in printed or electronic form. If you do not want statements you make to be attributed to you please either submit them anonymously, or prominently and clearly note in the same correspondence that you do not wish to be attributed, and we'll respect that.

Illegal Conduct

Because we are unable to see the content that flows through our system we are unable to detect whether the transfer of an item somehow infringes the copyright of others or violates the law in some other way. However, if we are presented with credible evidence from a third party that our Service is being used for illegal purposes or otherwise violates these ToS, we have the right to terminate the account of the offending party without notice or refund.

Legal Compliance

We are a law-abiding company, and US law (the Communications Assistance for Law Enforcement Act, CALEA) makes it clear that communications service providers can deliver products to their customers that use encryption to protect their communications without having the ability to decrypt those communications.

We recognize that a small number of people will use our Services in violation of the law. Demands by governments and law enforcement agencies that we disclose data are therefore inevitable. We must and will comply with valid legal demands for the very limited information we hold. The key to your privacy is to ensure that you provide to us nothing that is meaningful in the first place. If anonymity is important, use a VPN when accessing our Services, and pay using anonymous methods whenever charges are involved (principally Kahuna™ Traffic Credits). See Account Balances and Payments for more information.

Prior to complying with valid legal requests for customer information we will evaluate the request to make sure it complies with the letter and spirit of the law. In keeping with privacy best practices followed by other companies, when possible and legally permissible, we will notify the user in order to give them the opportunity to object to the disclosure.

We believe complete transparency is essential, and to the fullest extent permitted by law we will make available to the public a "Transparency Report" published on our websites every 6 months.

Account Payments and Balances

You can purchase apps and Kahuna™ Traffic Credits using a wide variety of identified or anonymous payment methods, described here.

The amount of Kahuna™ Traffic Credits you have remaining is shown in all of our apps, and can be accessed on our website. Data usage over time cannot be shown because we don't record it, we keep only a running balance.

No Refunds. You may cancel your account at any time but you won't be issued a refund.

Services "AS IS"

We strive to provide high-quality Services, but there are certain things that we can't guarantee. To the fullest extent permitted by law, MetaLuminous and its affiliates, suppliers, sub-contractors and distributors make no warranties, either express or implied, about the Services. The Services are provided "as-is". We also disclaim any warranties of merchantability, fitness for a particular purpose and non-infringement. Some jurisdictions don't allow the disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

To the fullest extent permitted by law, in no event will MetaLuminous, its affiliates, suppliers, sub-contractors or distributors be liable for (A) Any indirect, special, incidental, punitive, exemplary or consequential damages or any loss of use, data, business, or profits, regardless of legal theory, whether or not MetaLuminous has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; (B) Aggregate liability for all claims relating to the services more than the greater of $20 (US) or the amounts paid by you to MetaLuminous for the past 12 months of the services in question. Some jurisdictions don't allow the types of limitations in this paragraph, so they may not apply to you.

Resolving Disputes

As much as possible we prefer to address your concerns without a formal legal proceeding. Before filing a claim against MetaLuminous, you agree to try to resolve the dispute informally by contacting . We'll try to resolve the problem by contacting you via email. If a dispute is not resolved within 30 days of submission, you or MetaLuminous may bring a formal proceeding. You and MetaLuminous agree to resolve any claims relating to these ToS or the Services themselves through binding arbitration as administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.

Exceptions to Agreement to Arbitrate. Either you or MetaLuminous may assert claims, if they qualify, in small claims court in New York City, NY or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and MetaLuminous agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of New York City, NY USA. Both you and MetaLuminous consent to venue and personal jurisdiction there.

Controlling Law

These Terms will be governed by the laws of the state of New York, USA.

Entire Agreement

These Terms constitute the entire agreement between you and MetaLuminous with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability & Assignment

The failure of MetaLuminous to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. MetaLuminous may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications

We may revise these terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised terms.