THESE TERMS OF SERVICE GOVERN THE USE OF Bay Mitaki Project GmbH. BY UTILIZING Mitaki Project GmbH'S SERVICES, YOU FULLY AND UNCONDITIONALLY ACCEPT THESE TERMS AND AGREE TO ADHERE TO THEM.

PLEASE REVIEW THESE TERMS OF SERVICE THOROUGHLY BEFORE USING THE SERVICES. BY ACCESSING THE APPLICATION/WEBSITE OR ENGAGING WITH ANY PART OF IT, INCLUDING CONTENT OR FEATURES, YOU CONSENT TO BE LEGALLY BOUND BY THESE TERMS.

IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MUST CEASE USING THE APPLICATION/WEBSITE.

1. General Provisions

1.1. These Terms and Conditions ("Terms") define the relationship between you and Mitaki Project GmbH, a legal entity established under German law, with its headquarters at Wulf-Isebrand-Siedlung 5, Hemmingstedt, Schleswig-Holstein 25770, Germany ("we," "us," "our," or the "Company"), concerning your use of the Company’s website (https://mitakiprojectsoftware.com), the mobile application Octopus VPN (available on Apple App Store, Google Play, or other platforms), and related services (collectively, the "Service"), including all text, graphics, video, audio, software, and other materials accessible via the Service (the "Content").

1.2. By accessing and using the Service, you acknowledge and accept these Terms, forming a legally binding agreement between you and the Company. THEREFORE, PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING.

1.3. Additionally, review our Privacy Policy. The provisions of the Privacy Policy, along with any supplementary terms or policies posted on the Service, are incorporated by reference. We reserve the right, at our sole discretion, to modify these Terms at any time without prior notice.

2. Permissions

Your access to and use of Octopus VPN must comply with all international, national, state, and local laws. You affirm that you will not use Mitaki Project GmbH unlawfully or in violation of these Terms. Individuals under 18 are prohibited from using Octopus VPN or submitting personal data without parental or guardian supervision. By using the service, you confirm that you are at least 18 years old. If we discover a user is underage or has provided false information, we may immediately suspend their access without notice.

3. Service Usage

To access certain features, you may need to register an account ("Account") and provide requested details.

By registering, you guarantee that:

• All submitted information is accurate and truthful;
• You will update any changes to this information;
• Your use complies with applicable laws and these Terms.

Failure to comply may result in service malfunctions or our inability to contact you with critical updates.

We reserve the right to suspend or terminate your access without notice if you breach these Terms.

You are responsible for safeguarding your login credentials and all activities under your Account. Promptly notify us of any unauthorized access or security breaches. We are not liable for losses due to your failure to meet these obligations.

The Service may be modified, interrupted, or discontinued at any time without liability.

You are solely responsible for securing the necessary hardware and internet services to use the Service, including associated costs.

We may alter the Service (including free and paid features) at any time. You acknowledge that such changes may temporarily or permanently restrict access, and we assume no liability for resulting disruptions.

Use of the Service is at your own risk. To the fullest extent permitted by law, we disclaim responsibility for any damage to devices, data loss, or harm arising from your use of the Service.

We are not obligated to provide customer support, though we may do so at our discretion.

4. Fees & Payments

The App is free to download, and the Website is free to access, but premium features require a subscription or one-time payment. Purchases can be made directly (via the Website) or through an App Store.

You authorize us, App Stores, and our payment partners to charge your provided payment method.

We may adjust pricing with reasonable notice (via the Service or email). If you disagree with new fees, you may cancel before changes take effect.

By subscribing, you agree to automatic renewals. Unless canceled, we (or our partners) will charge you for renewal at the same interval as your initial subscription, at the same rate (excluding promotions). Cancellation must follow the specified procedures; no refunds or prorated fees apply.

We may offer trial subscriptions. Unless canceled before the trial ends, your access will automatically continue, and you will be billed accordingly.

5. License Restrictions

During the Term, we grant you a personal, non-exclusive, non-transferable, revocable license to use the Service and install the Software on your device. This license is strictly for personal, non-commercial use. Commercial use without prior agreement is a violation. Contact waqaskhedhe@gmail.com for commercial inquiries.

The Software is licensed, not sold. You may not:

• Copy, modify, or distribute the Service;
• Sell, lease, export, or transfer the Software;
• Reverse-engineer or alter the Software;
• Remove copyright/trademark notices;
• Disrupt other users or connected networks;
• Use the Service to infringe third-party rights (e.g., intellectual property, privacy);
• Violate applicable laws (e.g., copyright, communications regulations).

Prohibited use terminates your license immediately, without limiting our legal remedies.

6. International Restrictions

We do not guarantee the Service’s legality, accessibility, or suitability in your jurisdiction. You access it at your own risk and must comply with local laws.

7. Intellectual Property

The Software, Website, and Features (including updates) are owned by us or licensors and protected by intellectual property laws. You acknowledge no ownership rights beyond the limited, revocable license granted herein. Our trademarks (e.g., Octopus VPN) remain our exclusive property. You must respect third-party intellectual property when using the Service.

8. Liability & Indemnification

You agree to indemnify us, our affiliates, and partners against all claims, damages, or costs (including legal fees) arising from:

• Your use of the Service;
• Unauthorized account access;
• Your breach of these Terms or violation of third-party rights.

9. No Warranties

The Service is provided "AS IS" without warranties of any kind. We disclaim all implied warranties (e.g., merchantability, fitness for purpose). We do not guarantee:

• Error-free operation;
• Compliance with your requirements;
• Immediate bug fixes;
• Accuracy of content or third-party links.

You assume all risks related to Service quality, performance, and transactions.

10. Termination

This Agreement is effective until terminated by either party. You may terminate by uninstalling the Software. Breach of terms automatically revokes your license. We may, without notice:

• Suspend/terminate your access;
• Remove content;
• Set usage limits.

Termination may occur due to:

• Violations of these Terms;
• Legal/regulatory requests;
• Service discontinuation;
• Technical/security issues.

We are not liable for termination-related impacts.

11. Legal Compliance & Export Controls

You must use the Software lawfully and comply with all export restrictions. You confirm you are not in a restricted country under Singapore or other applicable laws.