These Application Terms of Service (“Application Terms”) together with any plan or feature limits, product disclaimers, or other restrictions presented to you in the application from which these terms are linked (“Application”) (collectively, the “Agreement”) govern your access and use of the Application. As used in this Agreement, “Cloudflare,” “Us” or “We” refers to Cloudflare, Inc.
By downloading, installing, accessing, or using the Application you agree to be bound by this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND CLOUDFLARE. If you do not agree to this Agreement, you are not authorized to download, install, access, use, or copy the Application and Cloudflare does not grant you a license, nor any right to access or use the Application.
THE AGREEMENT CONTAINS PROVISIONS REQUIRING THAT YOU AGREE TO THE USE OF ARBITRATION TO RESOLVE ANY DISPUTES ARISING UNDER THE AGREEMENT RATHER THAN A JURY TRIAL OR ANY OTHER COURT PROCEEDINGS, AND TO WAIVE YOUR PARTICIPATION IN CLASS ACTION OF ANY KIND AGAINST CLOUDFLARE.
2. Scope of License
You are granted a non-exclusive, personal, revocable, non-transferable license to use the Application on the device for which it is provided and that you own or control, subject to any terms of service, usage rules, or other terms and conditions provided by the Third Parties (defined below).
You agree to use the Application, and all related software or updates provided to you by Cloudflare in accordance with this Agreement and not to modify, decompile, reverse engineer, or create derivative works of the Application. Except as otherwise required by applicable law or regulation, Cloudflare, at any time in its sole discretion and without prior notice, may (i) terminate your use and license of the Application, (ii) expand, reduce, or suspend your use of the Application, (iii) update, revise, or modify the Application, or (iv) discontinue support for the Application.
The Application is licensed, not sold. It is owned, as applicable, by Cloudflare, their affiliates, agents, or licensors and is protected by United States copyright laws and international treaty provisions. Except for the limited license expressly granted in this Agreement, Cloudflare, their affiliates, agents, or licensors reserve all right, title, and interest in and to the Application. All content, trademarks, services marks, trade names, logos, and icons are proprietary to Cloudflare, their affiliates, agents, or licensors. You may not remove any proprietary notices (e.g., copyright and trademark notices) from the Application.
3. VPN Profile
Although the Application will need to install a VPN profile on your device and operates similarly to a VPN product or service, the Application is not designed to hide your identity from the Internet properties you access from your device.
4. Cloudflare for Teams
The Application may be used as part of the Cloudflare for Teams offerings to which you or your organization subscribe to under a separate agreement with Cloudflare (“Subscription Agreement”). Your use of the Application as part of Cloudflare for Teams is subject to both this Agreement and the Subscription Agreement. In the event of a conflict between this Agreement and the Subscription Agreement, the Subscription Agreement controls. You understand that when your device is used as part of Cloudflare for Teams, Cloudflare will process your personal data on behalf of the Cloudflare for Teams subscriber that is associated with your device.
We do not guarantee the continuous availability of the Application or of any specific feature(s) or services of the Application. Cloudflare will inform you of any significant changes to the Application it may occasionally make. Cloudflare may impose usage or service limits, suspend service, or block certain kinds of usage at our sole discretion. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur. The speed and quality of the Application may vary and the Application is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair. The Application may be interrupted, refused, limited, or curtailed. Cloudflare is not responsible for any failures to maintain the confidentiality, security, accuracy, or quality of your data, messages, or pages whether or not related to interruptions or performance issues with the Application.
6. User Responsibilities
A device enabled to access the Internet is required to utilize the Application. You are solely responsible for ensuring that your device is sufficient and compatible for use with the Application. Cloudflare may not be used to misrepresent or to act on behalf of others. All messages you transmit through the Application shall identify you as the sender.
You will not use the Application to:
You shall at all times abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Application, including those related to data privacy, international communications and the transmission of technical or personal data. If Cloudflare is contacted with a complaint regarding or arising from your use of the Application, Cloudflare may deem your service usage in violation of this Agreement and terminate your account without notice.
7. Subscription Terms, Renewals, and Cancellations
Certain features require a subscription via Apple App Store or Google Play Store, as applicable (each, an “App Store”). Such features (“Paid Application Services”) will be provided to you on a subscription basis for the length of term specified during the initial sign-up process (“Subscription Term”). All of your subscriptions to Paid Application Services will automatically renew for periods equal to your initial Subscription Term, and you will be charged at our then-current rates unless you cancel your subscription through the App Store (defined below) prior to your next scheduled billing date.
8.1 Recurring Billing
In order to access Paid Application Services for which we require a subscription fee, you will be required to provide the applicable App Store with your credit card information (“Payment Method”). By providing a Payment Method you are authorizing us to charge your Payment Method through the App Store for the subscription fees associated with the Paid Application Services that you sign up for. Any Payment Method that you provide must be valid, and kept current by you during the Subscription Term. By providing us with a Payment Method, you represent and warrant that you are authorized to use such Payment Method. Your Payment Method for the Paid Application Services will be billed on the day that you sign up for such Paid Application Services, regardless of whether you have fully configured the Paid Application Services as of that date.
8.2 Price Changes
We reserve the right to change the subscription fees that we charge for the Paid Application Services, at any time in our sole discretion, provided that we give you at least thirty (30) days’ prior notice of such changes. Unless otherwise specified in such notice to you, any changes to the subscription fees will take effect in the billing period immediately following our notice to you.
If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your App Store account and follow the instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Application from your device. For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not Cloudflare. To cancel a purchase made with your Apple ID, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Subscriptions, then find your subscription and follow the instructions to cancel. You can also request assistance at https://getsupport.apple.com. Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your subscription and follow the instructions to cancel. You can also request assistance at https://play.google.com. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.
California subscribers: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. You must cancel through the App Store, as set forth in more detail above. Refunds are handled by Apple/Google, not Cloudflare.
8.4 No Refunds
SUBSCRIPTION FEES ARE SUBJECT TO THE APP STORE REFUND POLICIES AND ARE ISSUED SOLELY AT THE DISCRETION OF THE APP STORE. YOU WILL BE BILLED IN FULL FOR THE SUBSCRIPTION TERM IN WHICH YOU CANCEL AND NO REFUNDS WILL BE PROVIDED FOR THE UNUSED PORTION OF SUCH SUBSCRIPTION TERM. We may, in our sole discretion, provide a refund, discount, or credit (“Credits”) to you in a specific instance, however the provision of Credits in a specific instance does not entitle you to Credits in the future for similar instances or obligate us to provide additional Credits.
9. Referral Program
The WARP+™ Referral Program Rules (“Rules”) govern your participation in the WARP+ Referral Program. By accepting and sharing your referral links or by signing up through a referral link, you are agreeing to be bound by these Rules.
10. Third Parties
The Agreement forms a contract between you and Cloudflare, as applicable. Your wireless carrier, Internet service provider, the manufacturer and retailer of the device on which you install the Application, the developer of the operating system for your device, and the operator of any application store or similar service through which you obtain the Application (collectively, the “Third Parties”) are not parties to this Agreement. The Third Parties do not own and are not responsible for the Application. The Third Parties are not providing any warranty for the Application. They are not responsible for maintenance or other support services for it and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Application. Any inquiries or complaints relating to the use of the Application, must be directed to the correct address provided in the “contact information” below.
By accepting this Agreement, you also accept that you comply with all applicable Third Party terms of agreement when using the Application. You acknowledge and agree that the Third Parties and their subsidiaries, are third party beneficiaries of this Agreement and that, upon your acceptance of the terms and conditions of it, they will have the right to enforce this Agreement against you as a third party beneficiary of this Agreement.
11. Trade Sanctions and Export Control
The Application contains encryption and is subject to export laws and regulations of the United States and to export and/or import control laws of other nations. You may not use the Application for any reason if you or any party that owns or controls you, are subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury, and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority. You may not use the Application to export or re-export any information or technology to any country, individual, or entity to which such export or re-export is restricted or prohibited. Your rights to use the Application are granted on condition that such rights are forfeited if you fail to comply with the terms of this section or any other provision of this Agreement.
12. Disclaimer of Warranties
THE APPLICATION IS MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. AS SUCH, YOUR USE OF THE APPLICATION IS AT YOUR OWN DISCRETION AND RISK. CLOUDFLARE MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE APPLICATION, ITS SAFETY OR SECURITY, OR THE SERVICES CONTENT. ACCORDINGLY, CLOUDFLARE IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE APPLICATION’S INOPERABILITY, UNAVAILABILITY, OR SECURITY VULNERABILITIES. CLOUDFLARE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CLOUDFLARE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CLOUDFLARE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF CLOUDFLARE TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE APPLICATION (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO AND SHALL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID TO CLOUDFLARE FOR ACCESS TO THE APPLICATION AND $0.1111.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
14. Third Party Software
The Application and future enhancements may contain certain third party components (“Third Party Components”) which may be provided to you under terms and conditions which are different from this Agreement, or which require Cloudflare to provide you with certain notices and/or additional information. Your use of each Third Party Component will be subject to the terms and conditions of those other terms and conditions. CLOUDFLARE MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, WITH REGARD TO ANY THIRD-PARTY COMPONENTS. ALL THIRD-PARTY COMPONENTS ARE PROVIDED “AS-IS,” WITHOUT WARRANTIES OF ANY KIND. IN NO EVENT WILL CLOUDFLARE BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE THIRD PARTY COMPONENTS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
As part of the Application, you may receive push notifications, text messages, alerts, or other types of messages sent to you outside or inside the Application (“Push Messages”). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Application or through your device’s operating system (with the exception of Urgent Notifications described above). Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier. Cloudflare disclaims all liability for Push Messages sent erroneously due to technical failures or errors.
16. Application Updates
Cloudflare may require you to update your version of the Application at any time. While effort will be made to retain your personal settings and preferences, there is still the possibility that they may be lost.
17. Changes to the Terms
Cloudflare reserves the right to make modifications to this Agreement at any time. If a revision materially alters your rights we will use reasonable efforts to make such information available to you. In some instances, you may be required to indicate your consent to the revised terms in order to continue accessing the Application. Unless otherwise specified, any modifications to this Agreement will take effect at the start of Subscription Term following the notice. If you do not agree with the revised terms, your sole and exclusive remedy will be not to renew your Subscription. It is your responsibility to visit the terms section of the Application to review the most current terms and conditions.
18. Dispute Resolution and Arbitration
In the interest of resolving disputes between you and Cloudflare in the most expedient and cost effective manner, you and Cloudflare agree that any and all disputes arising in connection with this Agreement will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND CLOUDFLARE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding Subsection 18.1, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
Any arbitration between you and Cloudflare will be governed by the Commercial Arbitration Rules and Mediation Procedures (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879.
18.4 Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Cloudflare's address for Notice is: Cloudflare, Inc., 101 Townsend St., San Francisco, CA 94107. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Cloudflare may commence an arbitration proceeding.
Any arbitration hearings will take place at a location to be agreed upon in San Francisco, CA provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Cloudflare for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
18.6 No Class Actions
YOU AND CLOUDFLARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Cloudflare agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
In the event that Cloudflare makes any future change to this arbitration provision (other than a change to Cloudflare's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Cloudflare's address for Notice, in which case your account with Cloudflare will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.
If Subsection 18.1 is found to be unenforceable or if the entirety of this Section 18 is found to be unenforceable, then the entirety of this Section 18 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 19 will govern any action arising out of or related to this Agreement.
19. Governing Law
This Agreement is governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Cloudflare agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California for the purpose of litigating all such disputes.
20. Contact Information
This Application is operated by Cloudflare, Inc., located at 101 Townsend St., San Francisco, California 94107. You may contact us by sending correspondence to the foregoing address (Attention: Legal Department) or by emailing us at email@example.com. Any “abuse” complaints can be directed to firstname.lastname@example.org.
This Agreement and the related terms referenced above constitute the entire understanding and agreement between us and you with respect to the transactions contemplated in this Agreement and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter of this Agreement, all of which are merged into this Agreement. Except as provided above, this Agreement may not be modified, amended or in any way altered except by an instrument in writing signed by authorized representatives of both parties. In the event any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree, the remainder of this Agreement will remain valid and enforceable according to its terms. Any failure by Cloudflare to strictly enforce any provision of this Agreement will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of this Agreement.