IMPORTANT: BY DOWNLOADING, INSTALLING, OR UTILIZING THE SOFTWARE (DEFINED BELOW), YOU CONSENT TO BE BOUND BY THIS AGREEMENT’S TERMS. IF YOU DO NOT AGREE, YOU MUST NOT DOWNLOAD, INSTALL, USE, OR MUST UNINSTALL THE SOFTWARE.

This End User License Agreement ("Agreement") IS A LEGALLY BINDING CONTRACT BETWEEN YOU (AN INDIVIDUAL) AND Mitaki Project GmbH (THE SOLE OWNER OF ALL RIGHTS TO THE SOFTWARE). REVIEW IT THOROUGHLY BEFORE INSTALLING OR USING THE SOFTWARE. BY PROCEEDING, YOU ACKNOWLEDGE ACCEPTANCE AND AGREE TO COMPLY WITH THESE TERMS.

Octopus VPN IS A SOFTWARE PRODUCT OWNED BY Mitaki Project GmbH.

GRANT OF LICENSE

FREE LICENSE. Octopus VPN grants You a revocable, non-exclusive, non-transferable, limited, and perpetual license to download, install, and use the Software solely for personal, non-commercial use, strictly under this Agreement’s terms.

PAID LICENSE. Upon payment of applicable fees and ongoing compliance with this Agreement, Octopus VPN grants You a revocable, non-exclusive, non-transferable, limited, and perpetual license to download, install, and use the Software, strictly as permitted by this Agreement.

UNAUTHORIZED USE. You agree to take reasonable measures to prevent unauthorized use or disclosure of the Software’s contents, applying at least the same level of care as you would for your own confidential information, but no less than reasonable diligence under the circumstances.

OWNERSHIP RIGHTS

The Octopus VPN Software is the intellectual property of Mitaki Project GmbH, protected by copyright laws, international treaties, and relevant national laws. Its structure, code, and design constitute valuable trade secrets. Any feedback or suggestions you provide may be used by Mitaki Project GmbH in current or future products without compensation or approval.

Your possession, installation, or use of the Software does not grant ownership or intellectual property rights. All rights, including copyrights, patents, trademarks, and trade secrets, remain exclusively with Mitaki Project GmbH.

RESTRICTIONS

PROHIBITED USE. You may not use the Software in any way that harms, disrupts, or overloads our systems or interferes with others’ use. Unauthorized access attempts (e.g., password mining) are forbidden. We reserve the right to take all necessary legal, technical, or operational actions to enforce this Agreement.

COMPLIANCE WITH LAWS. The Software is protected by intellectual property laws in Germany and internationally. You agree to use it only in compliance with all applicable laws, including copyright and IP restrictions.

LIMITED WARRANTY

Octopus VPN does not guarantee that the Software will meet all requirements or operate without interruptions or errors. This warranty does not cover:

• Modifications by unauthorized parties;
• Use violating this Agreement; or
• Failures caused by other software/hardware.

EXCEPT AS STATED HEREIN, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, TITLE, OR NON-INFRINGEMENT.

LIMITATION OF LIABILITY

NEITHER WE NOR ANY PARTY INVOLVED IN THE SOFTWARE’S CREATION, DISTRIBUTION, OR MARKETING SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES (INCLUDING DATA LOSS OR PROFITS), EVEN IF ADVISED OF THE POSSIBILITY. OUR MAXIMUM LIABILITY FOR ANY CLAIM IS THIRTY DOLLARS ($30.00).

THIRD-PARTY PROGRAMS

If the Software includes third-party programs, their use is governed by their own licenses (e.g., open-source terms). This Agreement does not override such third-party terms.

GOVERNING LAW & VENUE

This Agreement is governed by German law, disregarding conflict of laws. You submit to the jurisdiction of German courts.

ENTIRE AGREEMENT

This Agreement constitutes the full understanding between parties, replacing all prior agreements. If any provision is unenforceable, the rest remain valid.