Acceptance of these terms
These Terms of Use (the “Terms”) form a binding agreement between you and Codivo Labs (“Codivo Labs”, “we”, “us”) governing your use of the NetCap: Internet Speed Limiter application for iOS, together with any updates to it (the “App”).
By downloading, installing or using the App you accept these Terms. If you do not accept them, do not use the App and remove it from your device. If you are using the App on behalf of an organisation, you confirm that you are authorised to accept these Terms on its behalf.
Our handling of information is described separately in the NetCap Privacy Policy, which forms part of these Terms.
Acknowledgement (Apple)
You and we acknowledge that these Terms are concluded between you and Codivo Labs only, and not with Apple Inc. Codivo Labs - not Apple - is solely responsible for the App and its content.
These Terms do not provide for usage rules for the App that conflict with the App Store Terms of Service in force at the date you obtained the App. To the extent of any conflict, the App Store Terms of Service prevail.
Scope of licence
We grant you a limited, non-exclusive, non-transferable, revocable licence to use the App for your own personal or internal business purposes, on any Apple-branded product that you own or control, and as permitted by the Usage Rules set out in the App Store Terms of Service. This licence includes the right to use the App on devices shared through Apple's Family Sharing where that feature applies.
The App is licensed to you, not sold. All rights not expressly granted are reserved to us.
What NetCap is not
The App uses the operating system's Network Extension framework, which is the same framework a virtual private network application uses. Because of that, your device will display its VPN status indicator while the limiter is running. That indicator reflects the framework in use and nothing more.
You acknowledge and agree that the App:
- is not a VPN service, and routes your traffic through no server of ours;
- does not encrypt your traffic or alter its security properties;
- does not hide, mask or change your IP address, and provides no anonymity;
- does not filter, block or inspect content, and is not a parental control, ad blocker, firewall or security product;
- does not protect you on an untrusted or hostile network, and must not be relied on for that purpose;
- is not a measurement instrument, and its figures are not certified, calibrated or suitable for evidential use.
If you need any of the above, the App is the wrong tool and you should not use it for that purpose. We accept no liability arising from use of the App in reliance on any capability listed in this section.
What you may not do
You agree not to, and not to permit anybody else to:
- Copy, redistribute, sell, rent, lease, sublicense or otherwise make the App available to a third party, except as the App Store Usage Rules allow
- Reverse engineer, decompile or disassemble the App, or attempt to derive its source code, except to the limited extent that applicable law expressly permits this despite this restriction
- Modify, adapt or create derivative works of the App, or remove or obscure any proprietary notice in it
- Use the App to interfere with, degrade or disrupt a network, service or device that you do not own or are not authorised to affect
- Use the App to circumvent a usage policy, a metering or fair-use arrangement, a licence restriction, or any technical control operated by somebody else
- Use the App to gain an unfair advantage in, or to manipulate the behaviour of, any game, auction, marketplace, examination or competitive service
- Use the App on a device on which the operating system's security controls have been circumvented, or in any way that interferes with the operation of a device or another person's data
- Use the App in breach of any applicable law or regulation
Authorised use of networks
The App shapes traffic on the device it is installed on. You may use it only on devices you own or are authorised to configure, and only on networks you are permitted to use in that way.
If the device is issued to you by an employer, a school, or anyone else, or if it is enrolled in a mobile device management system, it is your responsibility to confirm that installing and running a network extension is permitted under the applicable policy before you do so. The same applies to corporate, campus and public networks that impose terms on the traffic carried over them.
You are solely responsible for your compliance with those policies, terms and laws, and for any consequence of breaching them.
Accuracy, interruption and no reliance
This section matters more than any other in these Terms. The purpose of the App is to make a network connection worse on purpose. A degraded connection causes downloads to fail, uploads to stall, calls to drop, transactions to time out and applications to misbehave - that is the intended effect, not a defect.
- You decide when it runs. The limiter applies only while you have started it and only with the profile you selected. Stopping it, or removing the network configuration, restores your ordinary connection.
- Do not run it when a connection matters. You must not rely on the App, or on a device running it, for emergency calls or messages, medical, financial, navigational, safety-critical or time-critical purposes, or for anything where an interrupted or slowed connection could cause loss or harm. Stop the limiter first.
- Figures are approximate. Speeds, latency, packet loss and the session statistics shown in the App are measured by the App at its own point in the path and are approximations. Actual behaviour depends on the operating system, your underlying connection, the remote server and conditions outside our control.
- Coverage is incomplete by design. The operating system determines what a third-party network extension may carry. Traffic to your local network is not limited, ICMP traffic such as ping and traceroute is not carried, and some system services stay outside any third-party extension. Switching between Wi-Fi and cellular resets open connections. These are platform behaviours, not defects in the App, and they may change without notice when the operating system changes.
- Simulation is not the real world. Results obtained with the App indicate how software behaves under the conditions you configured. They are not a substitute for testing on a real network, and no conclusion drawn from them is warranted by us.
- The limiter can stop on its own. The operating system may terminate the extension, and a change of network may interrupt it, at any time and without warning.
To the maximum extent permitted by law, we are not liable for any failed, delayed, interrupted, corrupted or missed transmission, transaction, call, message, download, upload or notification arising from your use of the App, including while a limit you configured was in effect.
Maintenance and support
Codivo Labs is solely responsible for providing any maintenance and support services for the App. Apple has no obligation whatsoever to furnish any maintenance or support services in respect of the App.
Support is provided by email at support@codivolabs.com. We aim to respond within two business days. We do not guarantee that any particular defect will be fixed, that the App will remain compatible with future operating system versions, that any specific limiting behaviour will be preserved, or that the App will remain available.
Purchases and refunds
Part of the App is free to use. The remaining features are unlocked by a one-time purchase processed by Apple and subject to the App Store Terms of Service. There is no subscription. Prices, currencies and applicable taxes are shown before you confirm a purchase.
The unlock is tied to the Apple Account used to buy it and can be restored on devices signed in to that account. Availability of restoration depends on Apple's systems.
Refunds are handled by Apple under Apple's policies, and we cannot issue refunds for App Store transactions ourselves. We do not offer refunds on the basis that the App behaves as described in these Terms - in particular, on the basis of the coverage limits or measurement approximations set out above. Nothing here limits any statutory right of cancellation or refund you may have under consumer law.
Warranty
Codivo Labs is solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
Disclaimer
Except as expressly stated in these Terms and to the maximum extent permitted by applicable law, the App is provided “as is” and “as available”, without warranty of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, accuracy or non-infringement.
We do not warrant that the App will be uninterrupted or error-free, that any limit will be applied precisely or to all traffic, that its measurements will be accurate, that it will remain compatible with any operating system version, or that it will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or of statutory consumer guarantees. If you are a consumer in such a jurisdiction, some or all of the exclusions above may not apply to you, and nothing in these Terms limits rights that cannot lawfully be limited.
Limitation of liability
To the maximum extent permitted by applicable law, Codivo Labs will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, business opportunity, data, or - subject to the section on accuracy and reliance above - any failed or interrupted communication or transaction, arising out of or in connection with the App, however caused and on any theory of liability.
To the maximum extent permitted by applicable law, our total aggregate liability arising out of or in connection with the App and these Terms will not exceed the greater of (a) the total amount you paid for the App in the twelve months preceding the event giving rise to the liability, or (b) ten United States dollars (USD 10).
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.
Indemnity
To the extent permitted by applicable law, you agree to indemnify and hold Codivo Labs harmless from any claim, demand, loss, liability, cost or expense (including reasonable legal fees) brought by a third party and arising out of your use of the App in breach of these Terms - in particular, use on a device or network you were not authorised to configure, use to circumvent somebody else's usage policy or technical control, or use in breach of any applicable law.
This section does not apply to a consumer to the extent applicable consumer law prevents it, and it does not cover anything caused by our own breach of these Terms.
Product claims
Codivo Labs, and not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection, privacy or similar legislation, including in connection with the App's use of any framework provided by the operating system.
Intellectual property
The App, its name, its design and all intellectual property rights in it are and remain the property of Codivo Labs and its licensors. These Terms grant you no rights in our trade marks or branding.
You retain all rights in your own data and traffic. We claim no ownership of, and acquire no licence to, anything on your device or anything that passes through the limiter.
In the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights, Codivo Labs - not Apple - will be solely responsible for the investigation, defence, settlement and discharge of that claim.
Legal compliance and export
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third-party terms and all applicable local, national and international laws and regulations when using the App, including any law governing the use of network extensions or traffic shaping software in your jurisdiction.
Third-party terms and beneficiaries
You must comply with any applicable third-party terms of agreement when using the App - for example, your wireless data plan terms, your network operator's acceptable use policy, and the App Store Terms of Service.
You and we acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of them.
Term and termination
These Terms apply for as long as you use the App. You may end them at any time by stopping the limiter, removing its network configuration, and deleting the App from your devices. We may suspend or terminate the licence granted here if you materially breach these Terms.
On termination, the licence granted to you ends and you must stop using the App. The sections on what the App is not, on accuracy and reliance, on disclaimers, limitation of liability, indemnity, intellectual property and governing law survive termination.
Changes to these terms
We may update these Terms to reflect changes to the App or to legal requirements. When we do, we will change the “Last updated” date at the top of this page. Where a change materially reduces your rights we will give reasonable prominent notice, in the App or in the App Store release notes, before it takes effect. Continuing to use the App after a change takes effect means you accept the revised Terms; if you do not accept them, stop using the App.
Governing law
These Terms are governed by the laws of India, without regard to its conflict-of-laws rules, and the courts of India will have jurisdiction over any dispute arising out of them.
If you are a consumer resident elsewhere, this does not deprive you of the protection of the mandatory consumer laws of your country of residence, or of your right to bring proceedings in the courts of that country where the applicable law gives you that right.
General
These Terms, together with the NetCap Privacy Policy, are the entire agreement between you and us regarding the App, and replace any earlier understanding about it.
If any provision of these Terms is found unenforceable, it is to be applied to the maximum extent permitted and the remaining provisions stay in force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them as part of a transfer of the business that publishes the App.
Contact us
If any part of this document is unclear, or you want to exercise a right described in it, write to us and a person will reply.
Email: legal@codivolabs.com