SmartDolphinVPN is a purely technically developed VPN network encryption transmission tool, which solely provides technical encryption transmission capabilities and does not offer any form of network access content, network services, or cross-border network connection-related services. Prior to using the Software, the User shall independently and fully understand and strictly ensure that all its usage conduct complies with all applicable laws, regulations and regulatory requirements of the country and region where the User is located. The Developer of the Software shall not be liable for any direct, indirect, incidental or consequential legal risks, economic losses or liabilities of any kind arising from any usage conduct, access content, operation results of the User in connection with the Software.
This Disclaimer and the source code of the basic framework of SmartDolphinVPN are developed, licensed and used in strict compliance with the MIT Open Source License. Due to the technical characteristics of the Software, the core functional source code contains sensitive information including but not limited to server keys and IP addresses. For the sake of information security and compliance with usage requirements, such part of the source code has not been uploaded to any public code repository, and the unredacted core source code shall not be provided to any subject by any means.
The redacted source code provided by the Developer to subjects with technical research needs is authorized exclusively for non-commercial personal technical research purposes only. No commercial use, secondary distribution, or modification for any non-compliant or illegal scenarios is permitted. The recipient of the redacted source code shall comply with all provisions of the MIT Open Source License and this Disclaimer in full. The Developer shall not be liable for any legal risks, economic losses or liabilities arising from the non-compliant use of the redacted source code, which shall be borne independently by the user of the source code.
In the course of developing the Software, the Developer has reused and referenced a large number of open source software, code snippets and third-party dependent components from global sources. Due to objective factors including but not limited to the long development cycle and iterative updates of open source components, the original code repository addresses, complete license texts, original authors and contributor information of some open source components may be incomplete or not updated in a timely manner in the Developer's records. The Developer has fulfilled its reasonable duty of care for the compliant use of the open source components based on all currently available and queryable information.
If any individual or entity claims that the use of its open source code or components in the Software constitutes infringement or a breach of relevant license agreements, it shall contact the Developer via the email address: Astrauszhao@gmail.com, and provide complete, true and valid ownership certificates and infringement evidence. In the event that the provided materials are false or forged, the Developer reserves the right to reject the request for handling and pursue corresponding legal liabilities against the claimant. The Developer shall conduct a verification upon receipt of valid materials and take necessary corrective measures based on the verification results, however, the Developer shall not be liable for any infringement compensation or indemnity, nor shall it commit to any specific time limit for verification and corrective measures.
The Software is provided "as is" without any express or implied warranties of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose, uninterrupted and error-free operation, completeness of functions, compatibility with all devices/systems, and absolute security of data transmission. The Developer shall have no obligation to provide any technical support, maintenance or upgrade services for the Software. The Developer shall not be liable for any losses, damages or liabilities arising from any software program vulnerabilities, functional abnormalities, service interruptions, data loss or any other issues in connection with the Software.
The Developer shall also not be liable for any operational failures, data loss, functional abnormalities caused by factors unrelated to technical vulnerabilities of the Software, including but not limited to user device hardware malfunctions, incompatible operating system versions, device rooting/jailbreaking, interference from third-party software/plugins, and abnormal network environments.
Users are prohibited from using the Software to engage in any illegal, criminal or non-compliant activities, including but not limited to illegal cross-border network access, online fraud, dissemination of illegal information, theft of others' data, attacking others' network systems, evading regulatory review, and infringing on third-party intellectual property rights/privacy rights. In the event that a User is found to have engaged in the aforesaid conduct, the Developer may unconditionally terminate the User's right to use the Software immediately without prior notice, and shall not be liable for any consequences arising therefrom. All legal risks, regulatory penalties, third-party claims and other liabilities arising from the User's illegal or non-compliant use of the Software shall be borne independently by the User, and the Developer shall not be liable for any joint and several liabilities whatsoever.
SmartDolphinVPN is a purely technical transmission tool, which does not collect, store or parse any user network transmission data, personal information, device information or usage behavior data of the User, including but not limited to browsing records, transmission content, account passwords, device MAC/IP addresses and other relevant data. All user data only circulates in the local device and encrypted transmission links, and the Developer has no ability to access or obtain any user-related data. Any risks arising from data leakage, loss or disclosure, unless caused by the technical vulnerabilities of the Software, shall be borne independently by the User.
No subject shall use the Software and its source code for commercial purposes, conduct secondary development for distribution/transmission, modify the Software functions for any use, or misappropriate the Software's name, logo or source code for any form of business activities, without the express written authorization of the Developer. All legal risks, economic losses and liabilities arising from the unauthorized use by third parties, non-compliant secondary development, or secondary development conducted by the User on its own initiative shall be borne by the relevant responsible subject, and the Developer shall not be liable for any such consequences.
The Developer reserves the unconditioned right to modify, upgrade, suspend, terminate the development and provision of the Software at any time, for any reason or without reason, and without prior notice to any User. The Developer shall not be liable for any losses or liabilities arising from the exercise of the aforesaid rights.
This Disclaimer only sets out clear provisions on the liability exclusions in connection with the use and open source of the Software, and does not cover all legal constraints of the Software. For the core content including but not limited to the compliance boundary, intellectual property ownership and applicable law of the Software, please refer to the Legal Notice; for the core terms governing the rights and obligations between the User and the Developer and the license for the use of the Software, please refer to the User Agreement; for the detailed information of all open source components relied on by the Software and their corresponding original license texts, please refer to the Open Source License List. In the event of any inconsistency between the provisions of this Disclaimer and the aforesaid documents, the provisions of the corresponding special documents shall prevail.
The Developer reserves the right to modify and supplement this Disclaimer from time to time. Any amended version of this Disclaimer shall be published via in-Software announcements or the Developer's designated channels, and shall take effect on the date of publication. The User's continued use of the Software after the publication of the amended Disclaimer shall constitute the User's acknowledgment and acceptance of the amended provisions; if the User does not accept the amended provisions, the User shall immediately cease using the Software.
The formation, effectiveness, interpretation, performance and resolution of disputes in connection with this Disclaimer shall be governed by the laws of the People's Republic of China (excluding the laws of Hong Kong SAR, Macao SAR and Taiwan Region). Any dispute arising out of or in connection with this Disclaimer shall first be resolved through amicable negotiation between the parties; in the event that no agreement can be reached through negotiation, either party shall have the right to file a lawsuit with the people's court having jurisdiction at the Developer's place of domicile.