dvpn-lists Terms and Conditions of Use
Last Revised January 26, 2026

1. User's Acknowledgment and Acceptance of Terms
dvpn-lists, a Cyprus based startup (collectively referred to as "dvpn-lists", Us" or "We") provides the dvpn-lists.com Site and various related services (collectively, the "Site" or "Services") to you (collectively referred to as the "User", "Client", "You" or "Customer"), subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use", "Terms and Conditions", "Agreement", or "Terms"), as well as any other written agreement between us and you. In addition, when using particular services or materials on this Site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
These Terms of Use are effective as of January 26, 2026. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this Site after such modifications will constitute acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its contents.
2. Description of Services
vpn-lists offers various data services, API access, and documentation through this Site, including but not limited to IP Address Intelligence, and other related services (collectively, the "dvpn-lists Services"). You are responsible for providing, at your own expense, all necessary equipment to access and use the dvpn-lists Services, including but not limited to a computer, modem, web server, and Internet access, as well as the payment of any fees associated with such access.
Dvpn-lists grants you a non-exclusive, non-transferable license to access and use the dvpn-lists Services. You agree to use the dvpn-lists Services in compliance with all applicable laws, regulations, and the terms of this Agreement. We reserve the sole right to either modify or discontinue the Site, including any of the Site's features, at any time with at most 30’s days notice. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this Site shall also be subject to these Terms of Use.
3. Registration Data and Privacy
To access the services of dvpn-lists, you are required to use the provided API key by dvpn-list.
You may be contacted by our support or marketing team through automated or manual methods. To opt-out of such communications, please submit a support ticket or provide written notice with your opt-out request.
4. Data Processing Agreement
dvpn-lists processes Client Data in accordance with its General Data Protection Regulation (“GDPR”), which is hereby incorporated by reference into this Agreement.
Dvpn-lists implements and maintains appropriate technical and organizational safeguards designed to protect the security, confidentiality, integrity, and availability of Client Data in accordance with industry best practices and applicable legal requirements.
To the extent Client provides dvpn-lists with personal data or otherwise enables the processing of personal data via the Services, Client is responsible for ensuring that such data sharing and processing complies with all applicable data protection laws and regulatory requirements.

dvpn-lists' processing of any personal data is governed by its Privacy Policy, which forms part of this Agreement. By using the Services, you consent to such processing as described therein.
5. Conduct on Site
Your use of the Site and dvpn-lists Services are subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Site.
You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. You shall not interfere with anyone else’s use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree to comply with all applicable Cyprus laws and regulations. Dvpn-lists services may not be used to evade, bypass, or otherwise circumvent these legal obligations.
We may, at our sole discretion, suspend or terminate your account for material or repeated violations of this Agreement. Where appropriate and feasible, dvpn-lists will provide notice and an opportunity to cure prior to termination.
6. Third Party Sites and Information
The dvpn-lists Services may contain links to third-party websites, services, or resources, or may reference third-party information, documentation, software, materials, or services (collectively, “Third-Party Content”) that are not owned or controlled by dvpn-lists. Such Third-Party Content is provided solely as a convenience to you and does not constitute an endorsement, sponsorship, or affiliation by dvpn-lists.
You acknowledge and agree that dvpn-lists does not control, and is not responsible for, the availability, accuracy, legality, reliability, or appropriateness of any Third-Party Content, nor for any products, services, or other materials offered by such third parties. dvpn-lists makes no representations or warranties of any kind, express or implied, regarding such Third-Party Content and disclaims all liability arising from your access to or use of such Third-Party Content.
Your interactions with third parties, including payment and delivery of goods or services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. dvpn-lists shall not be liable for any damages or losses of any kind incurred as a result of such dealings or as a result of the presence of Third-Party Content on or accessible through the dvpn-lists Services.
7. Intellectual Property Information
Copyright © 2026 dvpn-lists
For the purposes of this Agreement, “Content” includes, but is not limited to, any and all information, data, reports, analytics, communications, software (including source code and object code), application programming interface (API) responses, scripts, documentation, photographs, graphics, audio, video, designs, features, and other materials or services made available by dvpn-lists through its websites, platforms, products, in addition to the dvpn-lists Services.
You acknowledge and agree that all Content, including all intellectual property rights therein, is the exclusive property of dvpn-lists and/or its affiliates, licensors, or content providers, and is protected by applicable intellectual property laws, including but not limited to copyright, trademark, trade secret, and patent laws. Use of the dvpn-lists Services does not grant you any rights to or interest in any intellectual property owned by dvpn-lists, except for the limited rights expressly granted under this Agreement.
You may use the Content solely as permitted under this Agreement and solely in connection with your authorized use of the dvpn-lists Services. Any unauthorized access, reproduction, distribution, modification, or other use of the Content is strictly prohibited and may result in civil and/or criminal liability.
All dvpn-lists trademarks, service marks, trade names, logos, and custom graphics (collectively, “dvpn-lists Marks”) are the property of dvpn-lists or its affiliates. Other product and company names mentioned in the dvpn-lists Services may be the trademarks of their respective owners. This Agreement does not grant you any rights to use the dvpn-lists Marks or any third-party trademarks without the prior written consent of the respective rights holders.
dvpn-lists and its affiliates make no representations or warranties that your use of the Content or dvpn-lists Services will not infringe the intellectual property or other proprietary rights of third parties.
8. License to Content and API Responses
Subject to your compliance with this Agreement (including payment of all applicable fees), dvpn-lists grants you a limited, non-exclusive, non-transferable (except as expressly permitted herein), revocable license to:
(a) access and use the dvpn-lists Services and Content (including API responses containing the dVPN node IP lists) solely for your legitimate business purposes;
(b) redistribute, resell, sublicense, or otherwise make available the API responses and associated data to third parties, including your customers or end-users, whether on a commercial basis or otherwise.
You may incorporate the data into your own products, services, or offerings (including blocklists, threat intelligence feeds, security tools, or similar), provided that:
You do not modify, alter, or create derivative works of the raw API responses in a way that misrepresents the original data;
You do not use the data to create or offer a directly competing standalone dVPN node list aggregation service without prior written consent from dvpn-lists;
All use remains subject to the Acceptable Use Policy, Prohibited Uses, and other restrictions in this Agreement.
You do not circumvent rate limits, access controls, or paywall features.
9. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this Site often represents the opinions and judgments of an information provider, Site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized dvpn-lists spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this Site for further information, which policies are incorporated by reference into these Terms of Use.
You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this Site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
The dvpn-lists Services provide aggregated lists of publicly advertised dVPN node IP addresses sourced from open and public sources. Due to the dynamic and decentralized nature of such networks, the data may contain inaccuracies, omissions, false positives (e.g., non-dVPN IPs incorrectly flagged), or false negatives (e.g., active nodes not detected). dvpn-lists makes no representations or warranties regarding the completeness, timeliness, accuracy, or reliability of the data for any specific purpose, including but not limited to blocking, filtering, security decisions, or compliance. You assume all risks associated with reliance on or use of the data, including any business losses, wrongful actions, or third-party claims arising therefrom.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES AND/OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
dvpn-lists AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF (A) ONE HUNDRED EUROS (100 EUR) OR (B) THE AMOUNT ACTUALLY PAID BY CLIENT TO dvpn-lists FOR THE 12 MONTHS PRECEDING THE SUBJECT CLAIM IN CONNECTION WITH THE PROVISION OF dvpn-lists PRODUCT UNDER THIS AGREEMENT AND CLIENT AGREES THAT THE FOREGOING SHALL CONSTITUTE ITS SOLE AND EXCLUSIVE REMEDY (ALL OTHER REMEDIES BEING WAIVED THEREBY).
11. Non-Disparagement
Both parties agree not to disparage the other party, and the other party's officers, directors, employees, shareholders and agents, in any manner likely to be harmful to them or their business, business reputation or personal reputation; provided that both you and the Company shall respond accurately and fully to any question, inquiry or request for information when required by legal process.
12. Indemnification
You agree to defend, indemnify, and hold dvpn-lists, its officers, directors, employees, agents, licensors, suppliers, affiliates, and any third party information providers to this Site harmless from all liabilities, claims, and expenses, including attorney fees, that arise from your use or misuse of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with dvpn-lists in asserting any available defenses.
13. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account information, and for all actions taken under your account. To prevent unauthorized access, you must take appropriate precautions to safeguard your password and account from being compromised. Our personnel will never ask you for your password. Additionally, you may enable Two-Factor Authentication (2FA) on your account at any time for enhanced security.
You are prohibited from transferring or sharing your account with any third party. We reserve the right to immediately terminate your account if it is transferred or shared in violation of this provision.
To ensure the security of your data, dvpn-lists implements robust administrative, physical, and technical safeguards to protect your information. These include incident response policies, procedures, and a high-availability architecture tailored to the nature and complexity of the services provided. Our security measures are designed to:
(i) Ensure the confidentiality and security of the services and client data,
(ii) Protect against anticipated threats or risks to the security or integrity of the services and client data, and
(iii) Prevent unauthorized access that could cause significant harm or inconvenience to you, your affiliates, or your clients and agents.
We are committed to complying with all applicable privacy laws and regulations that apply to the services provided under this Agreement.
14. Participation in Promotions
From time to time, the Site may display advertisements or promotional content provided by third parties. Client's participation in any correspondence or promotional activity with such third-party advertisers—including the purchase, payment, delivery, and any associated terms, conditions, warranties, or representations—is conducted solely between Client and the applicable advertiser. dvpn-lists assumes no liability or responsibility for any part of such interactions, and disclaims any obligation arising from Client's dealings with third-party advertisers.
15. Termination of Use
dvpn-lists may suspend or terminate access to the Services (a) immediately for material breach, security incidents, legal requirements, or misuse of the Services, or (b) for convenience upon reasonable prior written notice. Any suspected fraudulent, abusive, or illegal activity may result in the termination of your access and may be reported to the appropriate law enforcement authorities.
Upon termination or suspension of access, regardless of the reason, your right to use the services on the Site will immediately cease. You further acknowledge that we may deactivate or delete your account, along with all associated information and files, and restrict further access to such files or the Site. We will not be liable for any claims or damages arising from the termination, suspension, or any other actions taken in connection with such events.
In the event of termination or expiration of this Agreement, all rights granted to you to use the dvpn-lists Site and Services will immediately cease, and you will immediately discontinue all use of the Site and Services.
If your account is terminated by dvpn-lists, you will receive a refund for any unrendered paid services. However, if you choose to terminate, all outstanding Service Fees for the remainder of the Service Term will become immediately due. Termination by you does not entitle you to a refund for any portion of the Service Fees or for any unused services.
16. API & Data Usage
Usage of the dvpn-lists Site, dvpn-lists APIs, dvpn-lists Services, and/or data is granted given that the Client does not engage in the following activities:
Reverse engineer or attempt to extract the source code from any of dvpn-lists' Site, dvpn-lists APIs, dvpn-lists Services or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
Interfere with, abuse, or disrupt usage of dvpn-lists' Site, dvpn-lists APIs, dvpn-lists Services or the servers or networks providing the APIs.
Create an API Client that functions substantially the same as the dvpn-lists APIs and/or dvpn-lists Services and offer it for use by third parties without written approval.
Use the dvpn-lists Site, dvpn-lists APIs, and/or dvpn-lists Services to replicate or compete with core products or services offered by dvpn-lists without written approval.
Use the dvpn-lists Site, dvpn-lists APIs, and/or dvpn-lists Services for any activities where the use or failure of the APIs could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, emergency services, or life support systems).
Use dvpn-lists data in any manner intended to evade, bypass, or contravene data privacy or consumer protection laws, including but not limited to GDPR, CCPA/CPRA, LGPD, or other applicable privacy frameworks.
Use any dvpn-lists data, including data containing appended Personally Identifiable Information (PII), for malicious, fraudulent, or unlawful purposes (including but not limited to social engineering, identity impersonation, account takeover, harassment, or exploitation), or for direct marketing to individuals without that individual’s prior written consent.
17. Free Account Limitations
Users are prohibited from creating multiple accounts for the purpose of obtaining duplicate allocations of monthly free credits. Any attempt to circumvent this policy may be considered an abuse of the dvpn-lists Services and may result in the suspension or termination of related accounts and access to the Services. If your organization requires multiple accounts for legitimate business purposes, please contact dvpn-lists support in advance for authorization.
18. Affiliate Program & Referrals
dvpn-lists offers an affiliate program to all active users. When a new user registers through an existing user's unique referral URL ("Referral"), their activity is credited to the referring user's account. To qualify for affiliate earnings:
Both the referral and referring accounts must remain in good standing.
Referral earnings are defined in the Affiliate section of your dvpn-lists dashboard.
Duplicate or related accounts are ineligible for affiliate earnings.
Earnings will be paid on a NET-60 schedule. dvpn-lists reserves the right to deny or withhold affiliate commissions at its discretion.
19. Client Data
In connection with the provision of dvpn-lists Services, Client may transmit to dvpn-lists certain transactional, behavioral, or user-related data, which may include, without limitation, IP addresses, names, email addresses, billing details, phone numbers, device identifiers, and other similar data elements (“Client Data”). dvpn-lists shall process such Client Data solely for the purpose of delivering its fraud detection and risk scoring services, which include behavioral analysis, threat intelligence enrichment, and pattern recognition to assess the risk profile of transactions, devices, and users.
dvpn-lists may use Client Data, including associated metadata, to improve the accuracy and performance of its risk models, scoring algorithms, and detection methodologies. In certain cases, anonymized or aggregated insights derived from Client Data may be leveraged to enhance dvpn-lists' global threat intelligence platform and improve scoring for other dvpn-lists clients. However, such use will not include the disclosure of any personally identifiable information (PII) or Client-specific business data to any third party.
All Client Data shared with dvpn-lists is protected by industry-standard administrative, technical, and physical security measures, and is handled in compliance with applicable data privacy regulations, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), as detailed in dvpn-lists’ Data Processing Agreement.
20. Governing Law
The Site (excluding any linked sites) is controlled by dvpn-lists from our offices located in the Larnaca, Cyprus. While the Site can be accessed from various countries, each jurisdiction may have laws that differ from those of Cyprus. By accessing the Site, both parties agree that the laws and statutes of Cyprus, without regard to its conflict of laws principles and the United Nations Convention on the International Sale of Goods, shall govern all matters related to the use of the Site and the purchase of products and services through the Site.
Both parties hereby consent to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within Cyprus for any disputes arising under this Agreement.
21. Entire Agreement
These terms and conditions represent the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersede all prior agreements, discussions, and understandings, whether written or oral, regarding the same subject matter. Any attempt to modify, supplement, or amend this Agreement, or to place an order for products or services subject to additional or altered terms and conditions, shall be considered null and void unless specifically agreed to in writing by both parties.
In the event of any conflict or inconsistency between this Agreement and any other materials or content associated with the Site, the terms of this Agreement shall prevail.
22. Class Action Waiver
Both dvpn-lists and Client mutually waive the right to a trial by jury. Any dispute between the parties must be brought solely in an individual capacity and not as part of any class action or representative proceeding. You acknowledge and agree that this Agreement prohibits you from initiating legal or arbitration proceedings on behalf of others or joining proceedings filed by other parties.
23. Severability
Should any provision of this Agreement be held void, invalid or inoperative, such decision shall not affect any other provision hereof, and the remainder of this Agreement shall be effective as though such void, invalid or inoperative provision had not been contained herein.
24. Survival
In addition to any provisions that by their nature should survive, the following provisions will survive any expiration or termination of this Agreement, the following Sections shall survive the expiration or termination of this Agreement: 7 (Intellectual Property Information), 8 (Disclaimer of Warranties), 9 (Limitation of Liability), 10 (Non-Disparagement), 11 (Indemnification), 14 (Termination of Use), 15 (API & Data Usage), 19 (Client Data), 20 (Governing Law), 21 (Entire Agreement), 22 (Class Action Waiver), 23 (Severability), 27 (Reseller Governance), 29 (Employee Non-Solicitation), 30 (Miscellaneous).
25 Failure To Enforce
The failure of dvpn-lists to enforce any provision of these terms and conditions shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
26. Anti-Bribery
(1) Each Party hereby warrants that it shall neither, directly or indirectly, pay any commission, remuneration or kickbacks secretively outside the books to the other party or any third party’s employees or officers, or provide any gifts or hospitality, nor reach any arrangement for any the above issues with the other party or any third party’s employees or officers, except for the inexpensive advertising gifts given according to commercial practices.
(2) Either party breaching the provision of this Article shall be regarded as material breach. The non-breaching Party has the right to terminate this Agreement by written notice to the breaching party, and reserves the right to take further legal measures. The breaching party shall be responsible for all the losses encountered by the non-breaching party therefrom.
27. Reseller Governance
If Client purchases access to dvpn-lists Services through an authorized third-party reseller (“Reseller”), this Agreement shall govern Client’s use of the Services, including all rights and obligations related to access, usage, restrictions, and intellectual property. However, all payment-related terms, including fees, invoicing, billing, and refunds, shall be governed by the separate agreement between Client and the applicable Reseller. dvpn-lists shall bear no responsibility or liability for any such financial arrangements.
Client represents and warrants that it shall timely remit all fees and charges owed to the Reseller in connection with its use of the Services. Client expressly waives any right to unilaterally cancel, downgrade, or terminate its subscription for convenience, or otherwise modify its order, unless such rights are expressly granted under this Agreement or permitted by the Reseller under its own terms.
Any disputes, claims, or issues arising out of or relating to payment obligations shall be resolved exclusively between Client and the Reseller. Under no circumstances shall dvpn-lists be liable for any act or omission of the Reseller, nor shall any such issue relieve Client of its obligations under this Agreement.
28. Signature
Your electronic signature shall be deemed to be an original and shall be evidence of your agreement to accept all terms of this Agreement.
29. Employee Non-Solicitation
During the Term and for two (2) years after the later of (i) termination or expiration of this Agreement or (ii) with respect to each dvpn-lists employee, the date such employee separates from dvpn-lists, Client shall not, directly or indirectly, knowingly solicit, induce, hire, or engage (as an employee, contractor, or consultant), or attempt to do any of the foregoing, any individual who is or was employed by dvpn-lists and (A) with whom Client had Material Business Contact through the Services in the preceding twelve (12) months, or (B) whose identity or qualifications became known to Client through the relationship contemplated by this Agreement. This Section applies to Client’s Affiliates and to any recruiter or intermediary acting at Client’s direction, on Client’s behalf, or for Client’s benefit.
(a) Permitted recruiting. General, non-targeted recruiting (e.g., public job postings, job fairs, or advertisements not directed at dvpn-lists personnel) and independent, unsolicited applications by dvpn-lists employees do not violate this Section. Nothing herein restricts any individual’s right to work.
(b) Remedies; reformation. Client acknowledges that breach would cause irreparable harm, and dvpn-lists is entitled to injunctive relief in addition to all other remedies at law or in equity.
(c) Savings; automatic fallback. To the maximum extent permitted by applicable law, this Section shall be enforced and, if necessary, reformed to the minimum extent required to be valid and enforceable. However, where any jurisdiction deems a no-hire/no-poach restriction unlawful in whole or in part, this Section will automatically operate only as a targeted employee non-solicitation limited to direct, targeted outreach by or for Client to dvpn-lists employees with whom Client had Material Business Contact in the prior twelve (12) months, and shall not restrict general advertising or independent applications.
(d) Definition. “Material Business Contact” means direct interaction for business purposes in connection with the Services, including without limitation meetings, calls, emails, collaboration on tickets or projects, or supervision/management of such work.
(e) No use of Confidential Information. Client shall not use dvpn-lists Confidential Information (including personnel directories, org charts, or non-public contact details obtained through the Services) to identify, target, or recruit dvpn-lists employees.
30. Miscellaneous
(a) Prevailing Party Fees. In the event of any legal action or proceeding to enforce the terms of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, court costs, and other expenses incurred in connection therewith.
(b) Limitation on Claims. Any cause of action or claim arising out of or relating to this Agreement, the Services, or your relationship with dvpn-lists (“dvpn-lists”) or its Affiliates must be brought within one (1) year after the cause of action arises. Any claims not brought within such period shall be deemed irrevocably waived and permanently barred.
(c) Assignment. Client may not assign or transfer this Agreement, in whole or in part, whether voluntarily, by operation of law, or otherwise, without the prior written consent of dvpn-lists. Any purported assignment in violation of the foregoing shall be null and void. dvpn-lists may assign this Agreement freely, including in connection with a merger, acquisition, or corporate reorganization.
(d) Force Majeure. dvpn-lists shall not be liable for any failure or delay in performance under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, labor disputes or strikes, war or military conflict, governmental action or regulation, supply chain disruption, civil unrest, acts of terrorism, power or internet outages, or failures of third-party service providers.
(e) Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified or interpreted to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
(f) No Waiver. No failure or delay by dvpn-lists in exercising any right, power, or remedy under this Agreement shall operate as a waiver thereof. A waiver shall only be effective if in writing and signed by an authorized representative of the waiving party.