Terms of Service
The short version, which does not replace the full text below:
- $5 a month, charged in advance, renewing until you cancel.
- Cancel any time. Full refund within 14 days of your first payment.
- We expect to lower your latency on long routes. We do not guarantee it.
- Checking that your game allows third-party routing is your job.
1. Who we are
The Vesperidys service is provided by Vesperidys Technologies, Inc., a company incorporated in Delaware, United States ("Vesperidys", "we", "us"). You can reach us at [email protected].
These terms are a contract between you and us. By creating an account or using the service you accept them. If you do not accept them, do not use the service.
2. The service
Vesperidys is a network routing service. Client software on your device sends the traffic of supported games to our gateways, which carry it over terrestrial networks and low-Earth-orbit satellite links operated by us or by third parties, and deliver it to the game's servers. We do not provide internet access; you need your own connection.
3. Your account
- You must be at least 16 years old. If you are under 18, or under the age of majority where you live, a parent or guardian must agree to these terms and to the payment on your behalf.
- Give us accurate information and keep your email address current. We send service and billing notices there.
- Your account is for you alone. Keep your credentials secret and tell us at [email protected] if you think someone else has them. You are responsible for what happens under your account until you do.
4. Price, billing and renewal
- The subscription costs $5 per month, in US dollars. Taxes such as VAT or sales tax are added at checkout where the law requires us to collect them. Your bank may charge currency conversion fees; those are not ours.
- We charge your payment method when you subscribe and then on the same day of each following month, in advance, until you cancel. If a month has no such day, we charge on its last day.
- Payments are handled by Stripe, Inc.. We never see or store your full card number.
- If a payment fails we may try again over the following days and will tell you by email. If it still fails we may suspend or end the subscription.
- We may change the price. We will email you at least 30 days before a change applies to you, and it takes effect only from your next renewal after that notice. If you do not agree, cancel before that renewal.
5. Cancellation, refunds and your right to withdraw
You can cancel at any time. Cancellation stops future charges, and you keep access until the end of the period you have paid for. Refunds, including the 14-day refund on your first payment and the statutory right of withdrawal for consumers in the European Economic Area and the United Kingdom, are described in Cancellation and refunds, which forms part of these terms.
6. Performance
The purpose of the service is to reduce network latency between you and game servers on routes where a satellite path is faster than the terrestrial one. Whether it does, and by how much, depends on things we do not control: your location, your internet provider, the location of the game server, the route your traffic would otherwise take, load, weather at ground stations, and the availability of third-party satellite and terrestrial networks.
We therefore do not promise any particular latency, any reduction in latency, uninterrupted availability, or coverage of any particular game, region or route. Estimates on our website are illustrations, not commitments. On short routes the service may increase latency. If it does not work for you, your remedy is to cancel, and to claim a refund where the refund policy or the law gives you one.
7. Games and other third parties
We are not affiliated with any game publisher, platform or tournament organiser. Your use of a game remains subject to that game's own terms. Some publishers and competitions restrict third-party routing or tunnelling software. You are responsible for checking that using Vesperidys is permitted, and we are not liable for account restrictions, bans, disqualifications or lost items or progress imposed by a third party.
8. Acceptable use
You must follow the Acceptable Use Policy, which forms part of these terms.
9. Software
We give you a personal, non-exclusive, non-transferable, revocable licence to install and run the Vesperidys client on devices you own or control, for as long as you have an active subscription and solely to use the service. You may not copy, modify, redistribute, sell or sublicense the client, or reverse engineer it except to the extent the law gives you that right regardless of contract. The client may update itself. Open-source components in the client are licensed under their own terms, which take precedence for those components.
The service, the client, our website and the Vesperidys name and logo belong to us or our licensors. These terms give you no rights in them beyond the licence above.
10. Changes and interruptions
We may add, change or remove gateways, routes, supported games and features, and may interrupt the service for maintenance, security or reasons outside our control. Where we can, we will announce planned maintenance in advance. If we make a change that materially reduces the service for you, you may cancel and we will refund the unused part of the period you have paid for.
11. Suspension and termination
- We may suspend or end your access immediately if you seriously or repeatedly break these terms or the Acceptable Use Policy, if your payment fails, if your use endangers our network or other customers, or if the law requires it. Where the breach can be fixed and the situation allows, we will warn you first.
- We may end the service for any other reason by giving you at least 30 days' notice by email and refunding the unused part of any period you have paid for.
- When the contract ends, your licence to the client ends and you must stop using it. Sections that by their nature should survive, including sections 7, 12, 13 and 15, continue to apply.
12. Warranties
We will provide the service with reasonable care and skill. Beyond that, and beyond any rights the law gives you that cannot be excluded, the service and client are provided "as is" and "as available", without warranties of merchantability, fitness for a particular purpose, or non-infringement.
13. Liability
Nothing in these terms limits or excludes liability that cannot lawfully be limited or excluded, including liability for death or personal injury caused by negligence, for fraud, or for intentional misconduct, or any rights you have as a consumer under mandatory law.
Subject to that:
- we are not liable for losses that were not a foreseeable result of our breach, for loss of profits, business, data or goodwill, or for losses caused by third parties, including game publishers, internet providers and satellite operators;
- our total liability to you arising out of the service in any 12-month period is limited to the amount you paid us in that period.
The service is for personal entertainment. Do not rely on it for anything where a network failure could cause injury, damage or financial loss.
14. Changes to these terms
We may update these terms. For changes that reduce your rights or add to your obligations we will email you at least 30 days before they take effect. If you keep your subscription after that date, you accept the new terms; if you do not agree, cancel before it. Other changes, such as clarifications or changes required by law, take effect when posted. Earlier versions are available on request.
15. Law and disputes
These terms are governed by the laws of State of Delaware, United States, and the courts of State and federal courts located in New Castle County, Delaware have jurisdiction over disputes. If you are a consumer, this does not take away the protection of mandatory laws of the country where you live, or your right to bring proceedings in the courts of that country.
Please write to [email protected] first. Most problems can be settled without a court.
16. General
- If a court finds part of these terms invalid, the rest still applies.
- If we do not enforce a right straight away, we have not given it up.
- You may not transfer this contract to someone else. We may transfer it to a successor of our business, provided your rights under it are not reduced.
- These terms, the Acceptable Use Policy and the Cancellation and Refund Policy are the whole agreement between us about the service. Our Privacy Policy explains how we handle personal data.
17. Contact
Vesperidys Technologies, Inc.[email protected]