Before starting, please read these Terms of Service (“Terms”) carefully. Among other things, the Terms cover the scope of your use of and access to our website (the “Site”), mobile and desktop applications (the “Apps”), as well as content (the “Content”) and software (the “Software”) associated with services provided by the Company (collectively, the “Service” or “Services”).

The Terms form a legally binding agreement between yourself or those you represent (“you”, “your”) and the Company in relation to your use of the Services. For the purpose of the Terms, “the Company”, “we”, “us”, or “our” refers to Free Internet Solutions, LLC, 1321 Upland Dr. PMB 15138, Houston, TX 77043.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms, as well as represent that you are at least eighteen (18) years of age, or at least the age of majority in the jurisdiction where you reside or from which you use the Services, or that you are a valid legal entity, and that the registration information you have provided is accurate and complete.

IF YOU DISAGREE WITH ANY PART OF THESE TERMS THEN YOU MAY NOT ACCESS THE SERVICE.

2. Language of the Terms

Where the Company has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with us.

In the event of any conflict between this English language version of the Terms and any subsequent translation into any other language, the English language version shall govern and control.

3. Updates to the Terms

The Company reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Service.

THE TERMS MAY CHANGE, SO IT IS IMPORTANT TO REVIEW THE TERMS PERIODICALLY.

4. Privacy Policy

Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the Service and tells you about your privacy rights and how the law protects you.

PLEASE READ OUR PRIVACY POLICY CAREFULLY BEFORE USING OUR SERVICE.

5. Subscriptions

Our Services are available to you upon registering an account (the “Account”) on the Site or the Apps. By subscribing to the Services, you agree to become a subscriber (“Subscriber”) for the period you have elected. Each paid subscription grants you one (1) license to use our Service on up to five (5) different devices at any given time.

We reserve the right to amend subscription fees or institute new fees at any time upon reasonable advance notice posted on the Site, on your Account, or sent via email. Any changes to the pricing will not affect the Subscriber’s current subscription period and will become effective upon subscription renewal.

Subscription purchases and refunds are handled via multiple third-party payment companies. To find out more about these third-party payment companies and how they process your data, please refer to our Privacy Policy.

When supported by your payment method, plans renew automatically by default at the completion of the billing term. By default, the renewal term is for the same duration as the billing term for the original subscription. The subscription fee will be charged automatically to the payment method you last selected.

If you would like to discontinue automatic renewal, you may do so via your Account or email us at support@wallpunch.net. By default, auto-renewal is turned on when you use a payment method that supports auto-renewal (i.e. credit card), and turned off when you use a payment method that does not support auto-renewal (i.e. WeChat Pay or Alipay).

6. Refund Policy

You may cancel your Account for any reason within thirty (30) calendar days of your initial purchase and you will receive a full refund of the amount you paid. Refunds beyond the 30-day purchase window will be considered, at the sole discretion of the Company.

Subscriptions purchased via the Apple App Store are subject to Apple App Store refund policies. This means we cannot grant a refund if you made a purchase through the Apple App Store - please read Apple's in-app purchase refund policy and/or contact store support. If you would like to cancel a subscription purchased through the Apple App Store, you will need to do so in your Apple App Store account directly. Instructions can be found here: https://support.apple.com/en-gb/HT202039#third_party.

7. Prohibited Use

You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

You agree to accept responsibility and are solely responsible for any and all usage and activities that occur under your Account or password, including, but not limited to, use of the Account by any other person, whether or not authorized by you. You are responsible for maintaining the confidentiality of your Account and its password, and for restricting access to your Account by any other party. To protect your Account, keep your password confidential. Do not reuse your Account password with other services. You agree to immediately notify us of any unauthorized use of your Account or password.

We reserve the right, at any time, in our sole discretion, with or without notice, to suspend and/or terminate the Accounts and/or Services for any users who violate any applicable laws or the Terms, whether repeated violation or a single instance. Please read more information in Section 8 of the Terms (“Suspension and Termination”).

In using our Services, you agree that you shall not yourself and/or enable others to:

• Send or transmit unsolicited advertisements or content (i.e., “spam") over the Services.
• Send, post, or transmit over the Services any content which is illegal, hateful, threatening, insulting, deceptive or defamatory; infringes the Company’s or third parties’ intellectual property rights; invades privacy; or incites violence or any unlawful behavior.
• Upload, download, post, reproduce, or distribute any content protected by copyright or any other proprietary right without first having obtained permission from the owner / licensor of the proprietary content.
• Upload, download, post, reproduce, or distribute any content that includes sexual or explicit depictions of minors, or content that is similarly restricted / prohibited in your country.
• Use the Services for any military purpose, including cyber warfare, weapons development, design, manufacture, or production of missiles, nuclear, chemical or biological weapons.
• Engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
• Attempt to access, probe, connect to, or deny service in any way or form to computing devices without proper authorization (i.e., any form of “hacking”).
• Use, assist, encourage, or enable others to use the Services for any unlawful, illicit, illegal, criminal, or fraudulent activities.

It is your responsibility to comprehend the relevant laws related to any jurisdiction or venue that concerns you, your actions and your use of the Services. You access and use the Services in your country on your own initiative, and you solely are responsible for complying with your local laws and regulations and the laws and regulations of any country with which or through which you communicate, transmit, or receive data, if and to the extent such laws are applicable.

8. Suspension and Termination

We may suspend (for clarification, investigation, or when requesting you to explain your actions) or terminate your Account and/or Services, if

1. we cannot charge you for the auto-renewed Subscription,
2. you breach Section 7 of the Terms (“Prohibited Use”),
3. you breach any applicable laws, or
4. it is required to do so by law or competent authority (e.g., where the provision of the Services becomes unlawful in your country of residence, or final court judgment bearing relation to your use of our Services, Apps, or Site is issued).

All of the legal rights, obligations and liabilities that you and the Company have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by the suspension or termination of your Account and/or Services.

9. EXCLUSION OF WARRANTIES

NOTHING IN THESE TERMS, INCLUDING SECTIONS 9 AND 10, SHALL EXCLUDE OR LIMIT THE COMPANY’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

IN PARTICULAR, THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

1. YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
2. YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
3. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
4. THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

THE COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

10. LIMITATION OF LIABILITY

SUBJECT TO OVERALL PROVISION IN THE FIRST PARAGRAPH OF SECTION 9 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
   1. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
   2. ANY CHANGES WHICH THE COMPANY MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
   3. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
   4. YOUR FAILURE TO PROVIDE THE COMPANY WITH ACCURATE ACCOUNT INFORMATION;
   5. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

THE LIMITATIONS ON THE COMPANY’S LIABILITY TO YOU IN THE FIRST PARAGRAPH OF SECTION 10 SHALL APPLY WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

11. Indemnification

You agree, at your own expense, to indemnify, defend, and hold harmless the Company, its parents, subsidiaries, and affiliates and their officers, directors, employees, agents, distributors, and licensees from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys' fees, expert witness fees, and expenses) incurred in, arising out of or in any way related to:

1. your breach of the Terms;
2. your (or any other user's of your Account) use of the Services;
3. your violation of any applicable laws, rules, and regulations; or
4. your negligence or willful misconduct.

The Company shall not be responsible for any delay or disruption to your use of the Services, including any damages stemming therefrom, caused by circumstances falling under this Section.

12. Governing Law and Dispute Resolution

The Terms, and your relationship with the Company under the Terms, shall be governed by the laws of New Mexico, United States (the “Country”), excluding its conflicts of laws rules. You and the Company agree to submit to the exclusive jurisdiction of the courts located within the Country to resolve any legal matter arising from the Terms.

Your use of the Services may also be subject to other local, state, national, or international laws.

We always strive to address your concerns without needing a formal legal case. Before filing a claim against the Company, please try to resolve the dispute informally by sending us a written notice of dispute at support@wallpunch.net that includes your name, a detailed description of the dispute, and the relief you seek. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved, you or the Company may bring a formal proceeding.

13. Severability and Waiver

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.