Dolphin{Anty} End User License Agreement

This License Agreement has been updated on March 29, 2023

Before using the browser, please read the terms of the following License Agreement. Any use of the browser by you means your full and unconditional acceptance of its terms. If you do not accept the terms of the License in full, you are not entitled to use the browser for any purpose.

In case you have any questions, please contact customer support at the email address support@dolphin-software.online

1. General provisions

This End User License Agreement (hereinafter referred to as the “License”) sets out the terms for the computer software “Dolphin{Anty}” Browser, versions for Microsoft Windows, MacOS(M1), MacOS (hereinafter referred to as the “Browser”) and the website dolphin-anty.com (hereinafter referred to as the “Website”), and is concluded between any person using the Browser and the Website (“User”, “you”) and Zhitnyakov Software Solutions LTD, a company registered under the laws of the Republic of Cyprus, having its address at Georgiou A`13, Stala Court off. 3, Germasogeia 4040, Limassol, Cyprus, who is the owner of the exclusive right to the Browser (“we”, “us”).

By copying the Browser, installing it on your personal device, or using the Browser in any way, you express your full and unconditional acceptance of all the terms of the License. If you do not agree to the terms of the License, please do not use the Browser.

Use of the Browser is permitted only under the terms of this License. Use of the Browser in violation of any of the terms of the License is prohibited.

The use of the Browser under the terms of this License is free of charge, some functions are available only for a fee by subscription.

This License and all relations related to the use of the Browser and Website shall be governed by the laws of Cyprus and any claims or lawsuits arising from or in connection with this License or the use of the Browser shall be filed and considered in the court of our registered seat.

This License exists in Russian and English and may be translated in other languages. However, in the event of a conflict between the translations of the License, the Russian version shall prevail.

2. Browser features

By installing the Browser on your device, you can access the following services in the Browser:

browser profile services, including the creation, management, sharing and use of different browser profiles on one or more Devices,
managing browser and device fingerprints through the Software;
Internet access for browsing the web, using social networks, downloading programs, exchanging information, etc.

This list of services is open, but you may not use the Browser for any illegal purpose, or violate any laws of your country (including, without limitation, copyright laws) or the laws of the Republic of Cyprus.

Other services available in the Browser.

The availability of certain services depends on the type of subscription you select and pay for on the Website. Detailed information about the type of Subscription is available in the Browser menu or on the Website: dolphin-anty.com.

3. Who can use browser

You can only use Browser if you can legally form a binding contract with us, and only in compliance with this License. You must be at least 13 years old to use the Browser. By agreeing to this License, you represent and warrant to us that: (a) you are at least 13 years old; and (b) your registration and your use of the Browser is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting this License on your behalf represents and warrants that they have authority to bind you to this License and you agree to be bound by it. You agree that we may automatically update Browser, and the License will apply to those updates.

4. License

We provide this Browser under a license, we do not sell it to you. We grant a non-exclusive, non-transferable, non-sublicensable, revocable limited license to run the Browser on your device solely for the purpose of performing its functions and tasks available to you as the end user of the Browser. This License does not allow you to use the Browser on a device that you do not own or control, you may not distribute or upload the Browser to a public network where it can be used by several devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Browser. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code, modify or create derivative works from the Browser, any updates or any part thereof (except and only to the extent that any of the foregoing restrictions are prohibited by applicable law ). Any attempt to do this is a violation of our rights. If you violate this requirement, we may hold you liable and seek damages.

5. Intellectual property

All exclusive rights to the Browser belong to us. All trademarks, service marks and commercial names are owned, registered and/or licensed by us. All content invented and created by us (excluding personal data), including, but not limited to, text, software, scripts, code, design, graphics, photographs, sounds, music, video, applications, interactive features and any other content (collectively “Content”) is our intellectual property. We grant you only the volume of rights that is directly specified in the License.

6. Personal account creation and authorization

In the Browser, you can create a personal account to make a subscription. To create your personal account you need a valid email address and a Telegram account, and you also need to set a password for it.

You are personally responsible for maintaining the confidentiality of your login credentials. When the registration process is complete, you can log in to your personal account on the Browser using the email address and password that you specified when creating your personal account. The information you provide must be accurate, current and complete.

If you have lost your personal account password, you can reset it if you have access to the email address you used for registration. More detailed information can be found on the Website or at customer support at support@dolphin-software.online.

7. Team accounts

Depending on the subscription plan, you may have the right to create accounts for team members, granting a certain number of additional Users the right to access the browser profiles of the main account.To grant access to members of your team, you must register as a Leader.After authorization by the team leader in the Browser, in the “team” section, the team leader can add Users to his team.For this, you as a team leader must enter the e-mail addresses of your team members, with which they will be able to log in to the Browser.Team members shall be considered as Users.Accordingly, the License applies to them as to standard Users.When canceling the subscription plan or deleting the main account, the access rights to the team members’ accounts are terminated.

8. Information security

After creating a personal account and downloading the Browser, you can choose the appropriate subscription plan. The cost and features of each subscription plan are described on the Website.

If you need individual advice, do not hesitate to contact the customer support service at support@dolphin-software.online to clarify your personal needs in terms of subscription and further opportunities.

9. Charges and payments

It is free to download the Browser. However, some of its functions are available by subscription for a separate fee. The subscription can be completed and extended on the Website from which you downloaded the Browser.

Trial Subscription

We may offer a free trial subscription to the Browser on the Website. A free trial subscription (if offered) grants you access to the Browser for a specified period of time, the details of which are specified when you select an offer. If you do not cancel your subscription before the end of your free trial period, your access to the Browser will automatically renew and you will be billed for the applicable Browser fees. We may send you a reminder when the free trial is about to end, but We do not guarantee such notifications. In any case, you yourself should know when the free trial subscription ends. We reserve the right, at our sole discretion, to change or terminate any of the free trial offers, your access to the Browser during the free trial, or any of these terms without notice and without any liability. We reserve the right to limit your ability to use multiple free trial subscriptions at once.If you do not cancel your subscription renewal before the end of the free trial period and a paid subscription has been purchased, you will lose the right to cancel the subscription and receive a refund after the end of the trial period.if you did not purchase a subscription, after your trial period ends, you are automatically transferred to the use of a free version of the Browser.

Paid Subscription

To the extent permitted by applicable law, we may change the subscription price at any time. You will be notified of any such price changes in the form of a Browser push notification and you will also see the new prices on the Website. Notification by any of the means stated above shall be deemed sufficient. If you do not wish to pay at the new prices, you may cancel the applicable subscription before the changes take effect.You authorize the automatic debiting of the applicable fees from the payment card you have provided in your Personal Account.

By purchasing certain subscriptions, you agree that your subscription may automatically renew. If You do not cancel Your subscription, You authorize Us to charge You for renewal of the subscription. The auto-renewal period will be the same as your original subscription period, unless otherwise specified on the Website or Browser. The cost of the renewal will not exceed the price of the subscription for the previous period, excluding any promotions and discounts, unless We notify You of the change in price prior to automatic renewal. You may cancel your subscription in accordance with the cancellation procedures provided to you for a particular subscription. We will not refund fees that may be charged to your personal account and will not charge fees for canceled subscriptions.

Your ability to use the Browser expires at the end of your paid subscription period. If you do not make a payment for the renewal of the subscription, we can take reasonable measures to notify you. However, We reserve the right to disable or terminate your access to the Browser (and we can do this without notice).

10. Confidentiality

In order to use the Browser, you may be asked to provide certain personal information. All matters relating to your personal data are governed by our Privacy Policy. We recommend that you carefully read the provisions of this Policy.

11. DELETION OF ACCOUNT

You can delete your personal account at any time.This License remains in effect after deleting a personal account.We delete all information about your account, except for the minimum necessary to comply with and fulfill accounting obligations to tax authorities, as required by applicable law.Please note that when deleting a personal account, all data created in your Personal Account and the account of team members – including sessions, their settings, open tabs and Browser configuration settings – will be deleted within 14 days and cannot be restored, even if you later decide to subscribe again. In this case, you will need to register and start all over again. Upon request, we immediately delete all data.To delete your personal account, please send us an email at support@dolphin-software.online and provide information confirming that you are the owner of this account.Please note that if you decide to delete your Personal account, money for subscription to the Browser will not be returned, unless otherwise specified in the section “CHANGES TO SERVICE, SERVICE INTERRUPTIONS AND REQUESTS FOR REFUNDS FOR SERVICE INTERRUPTIONS”.

12. Accuracy, completeness and currentness of information

Materials placed on our website are provided for general information only and cannot be considered and used as exclusive and unequivocal for decision-making, without prior consultation for more accurate, complete and up-to-date primary sources of information in our customer support service at the email address support@dolphin-software.online. We are not responsible if the information on our Website is not accurate, complete and up-to-date. Any use of materials from our Website is at your discretion and under your responsibility.We reserve the right to change the content of our Website and the list of Browsers at any time, but We are not obligated to update any information on our Website. You agree that you are personally responsible for monitoring changes to our Website. We do our best to publish any up-to-date information on the Website or notify you of changes via email. We may make functional, procedural or technical changes or improvements to the Website or Browser at any time and without prior notice. We can, but under no circumstances are we obliged to change, add or delete any specific functions.

13. Links

By using the Browser, you may navigate through various links to websites, applications or use other products operated by other companies (“Third Party Services”). We do not support, operate or have any control over these Third Party Services, which have separate terms of use and personal data processing policies. We are not responsible for the content or policies of Third-Party Browsers, and you use such Third-Party Browsers at your own risk.

14. Improper use

You must not use the Browser in any way or send anything to us or through the Browser or to any User that:

is in violation of any law, statute, regulation or by-law of any applicable jurisdiction;
is a fraud, a crime or an illegal action;
is outdated or inaccurate information;
may contain something that is obscene, indecent, pornographic, vulgar, obscene, racist, sexist, discriminatory, abusive, humiliating, cruel, harassing, threatening, embarrassing, harmful, abusive, hateful, threatening, defamatory, untrue or political in nature;
gives out your identity to any other person or organization or misrepresent your relationship with any person or organization;
may infringe or violate copyright or any other intellectual property rights (including, without limitation, trademark and distribution rights) or confidentiality or other our rights or the rights of any third party;
contradicts our interests;
conflicts with any individual rule or requirement established by us for the Browser with respect to any part of the Browser or the Browser as a whole;
presupposes your use, delivery or transmission of any viruses or anything that may be intended to cause harm, malicious interference, secret theft or alienation of any system information, data or personal information; etc.

These rules of conduct and the list of prohibited types of use is open. We reserve the right to determine what behavior We consider to be in violation of the License or inappropriate and what measures should be taken.As a User, you agree that you are responsible for compliance with any applicable local laws when using our Website and Browser.If We establish or receive information from third parties or law enforcement officials about any of the above prohibited uses or other illegal actions by You, We may terminate your access to the Browser due to your violation of the License, and You will lose the right to a refund paid subscription fees, regardless of the remaining subscription time. You agree to reimburse us for any costs or expenses, including indirect damages, that We or anyone else may suffer or that may arise as a result of such breach or illegal act.If We are required to take any action in accordance with applicable law or on the basis of information received from third parties, or We will be notified of any illegal actions by you in relation to and/or when using our Website or Browser, or in in accordance with an order and/or a request to us from the competent law enforcement authorities having the authority to do so, We reserve the right to deny you access to the Browser without reimbursement of payment for the remaining time of subscription to the Browser and not to disclose the reasons for such refusal (in that case, if it corresponds to a law enforcement order or request).

15. Notice and procedure for filing claims of copyright infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the written information indicated below:

A statement signed by an electronic or physical signature of a person authorized to act on behalf of the copyright owner;
A description of a copyrighted work that, in your opinion, has been infringed;
Description of where the Browser contains material that, in your opinion, infringes copyright;
Your address, telephone number and email address;
Your statement that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law;
Your statement, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

You can send an email to: support@dolphin-software.online. Please note that this procedure is intended solely to notify us that your copyrighted material has been illegally used.

16. Change of services, interruptions in service and requests to return money for interruptions in service

We have the right to temporarily or permanently modify, suspend or terminate the Website or Browser (or part thereof, or their specific content) without prior notice.We have the right to deny access to the Browser to anyone for any reason at any time. Explanations of the reasons for suspension or denial of access may or may not be given depending on circumstances and cannot be demanded from Us.We have the right to temporarily restrict access to our Website and/or Browser for maintenance and updates at our discretion.We are not liable to you or any third party for any modification, price change, suspension or discontinuance of the Website or Browser.We shall accept your request for compensation only if service interruptions lasted more than 24 hours due to the presence of obstacles on our part. Such obstacles include, among other things, unexpected, insufficient or ineffective work of the server, interruptions in the supply of electricity, fluctuations in our networks, etc. The amount of compensation will be proportional to idle time and will be calculated on the basis of a specific time scale of the event (for example, if there are 720 hours in a month, and the suspension of the provided services is 30 hours, the compensation will be 4.1% of the monthly subscription cost).A compensation request should be sent to support@dolphin-software.online within 14 days of the situation arising. The letter should state: your request for compensation, date and time, a detailed description of the situation and your contact details.Of course, we accept refund requests for business interruptions caused by problems on our end. Refunds for other reasons are at our discretion and may be accepted or declined as such.

17. Comments, feedback and other suggestions

If at our request you submit certain concrete materials (or without request, you send us creative ideas, proposals, requests, plans or other materials, online, by email, by mail or otherwise (collectively “Comments”), you agree that that We can at any time, without limitation, edit, copy, publish, distribute, translate and otherwise use in any means any Comments that you send us.

We are under no obligation to:

keep those Comments confidential;
pay compensation or royalty for the use of any Comments; or
respond to any Comments.

You agree that your Comments will not violate any rights of any third party, including copyright, trademark, privacy or other personal or property rights.You agree that your Comments will not contain any illegal, offensive or obscene material, or any computer viruses or other harmful programs that may in any way affect the operation of the Website, Browser or any related website.You may not use a false email address, or impersonate someone else, or otherwise mislead Us or third parties as to the origin of any Comments.You are personally responsible for any Comments you make and for their accuracy. We are not responsible for any Comments posted by you or any third party.We reserve the right to delete or flag any Comments at our discretion.You are personally responsible for your interaction with other persons using the Website and Browser, as well as with other third parties with whom you come into contact through our Website and Browser.

You understand that your content may be transmitted using:

different communication channels and networks; and
transfers with changes in order to meet and adapt to the technical requirements of connected networks or devices.

We reserve the right, but are not obligated, to resolve disputes between you and other users of the Website and Browser. This also applies to disputes between the User of the main account and the account(s) of team members.

18. Disclaimer of liability

You use the Browser interface at your own risk. We cannot and do not assume any responsibility for any actions you may take using the Browser. We hereby disclaim any liability to you or any third party related to your use of the Website and Browser.

The Browser may not be available in all languages or in all countries, and We make no representations that the functionality of the Browser will be appropriate, correct or available for use in any particular location. Information about availability and subscription prices can be changed.

19. Limitation of liability

To the extent required by applicable law, under no circumstances or under any legal or equivalent procedure, whether tort, contract, liability or otherwise, We, our affiliates or any of our or their employees, directors, officers, agents, vendors or suppliers, shall not be liable to you or any third party for any bodily injury, including death, or for any incidental, special, incidental or consequential damages or loss of any nature arising out of or in connection with the use or inability to use the Browser, including, without limitation, lost profit, loss of business reputation, loss of data or business, work pause, accuracy of results, or failure or malfunction of computer or device, even if our representative was warned or should have known about the possibility of such damage. Under no circumstances we are liable for damage exceeding fifty US dollars ($50).In some jurisdictions, the exclusion of certain warranties and the limitation or exclusion of liability for certain damages are not permitted. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that We cannot, under applicable law, disclaim any implied warranty or limit liability, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted by such applicable law.

Any claims arising from your use of the Browser must be filed within 1 year of the event that gave rise to such a claim. Within the framework of the License, legal remedies are exclusive and limited to those directly provided for in the License, even if the applicable legal remedy under the License does not achieve its primary purpose.

Due to the fact that Users can use their cookies files after registration, we are not responsible for validation and checking legality of these downloaded data. You import and use cookies at your own risk.

We reserve the right (but not the obligation) to delete, modify or block users who use cookies inappropriately, if we have sufficient grounds to believe that this is the case.

We are not responsible for the loss of personal and other data, which occurred due to your violation of the obligation to keep your login credentials confidential.

20. Compensation

You agree to defend and indemnify us, including our officers, directors, employees, agents, subcontractors, licensors and suppliers, any of our affiliated companies or organizations, and any successors, assigns or licensees, against any claims, suits or claims, damages, losses, obligations, judgments, settlements, costs or expenses (including attorneys’ fees and expenses) arising directly or indirectly from or in connection with:

iolation of this License by you or any person using your device, password or login information;
any claim, loss or damage resulting from the use or attempt to use (or inability to use) the Browser;
violation by you of any law or regulation; and
any other matter for which you are responsible under this License or under applicable law. You agree that your use of the Browser must comply with all applicable laws, regulations and guidelines.

We reserve the right to independently defend and control any claim or action arising under the License or in connection with the use of the Browser, as well as all settlement or negotiations. You agree to fully cooperate with us in the defense of any such claim, claim, claim, settlement or compromise, as required by us.

21. Termination of the license

The License is valid until terminated by you or us. You may terminate the License at any time if you do not use the Browser. If you violate the terms of the License, our permission to use the Browser is automatically terminated.We may, at our discretion, terminate the License and your access to the Browser at any time and for any reason, without penalty or liability to you or any third party. In the event of your breach of the License, these actions are in addition to, and do not replace or limit, any other rights or remedies that may be available to us.Upon termination of the License by you or us, you must immediately delete the Browser on all devices and destroy all materials downloaded or otherwise obtained through the Browser, all documentation, and all copies of such materials and documentation. The following provisions shall remain in force after the expiration or termination of this License of Use for any reason: “INTELLECTUAL PROPERTY”, “DISCLAIMER OF LIABILITY”, “LIMITATION OF LIABILITY”, “COMPENSATION”, “GENERAL PROVISIONS”.

22. Change of license

The License can be changed unilaterally by us. Notification of changes made to the terms of the License is published on the page: https://dolphin-anty.com. The specified changes in the terms of the License take effect from the date of their publication, unless otherwise specified in the corresponding publication. Continued use of the Browser will be deemed your acceptance of the revised terms of the License.

23. Assignment

You may not assign or transfer obligations or rights under this License, by operation of law or otherwise, without our prior written and express consent.You agree that our obligations under the License, the Privacy Policy may be transferred by us at our sole discretion to any third party.

24. Notices and communication

Any notice or other communication under this License shall be in writing and shall be deemed to have been given and received when sent by email, unless otherwise stated in the License. Communication must be in English or Russian.