Terms of Service

Last Update: November 21, 2023

 

1    Introduction

Please read these Terms of Service (“Terms”) along with the Privacy Policy (“Privacy Policy”) carefully as they cover the scope of your use and govern your access to the services offered by arpavpn (“We”, “us”, “our” or “arpavpn”), our websites (“Site”), software (including mobile, desktop and web versions) (“Software”) as well as all the content (“Content”) associated with our services (collectively referred to as “Services”).

2    Acceptance

These Terms and the Privacy Policy (together, “Agreement”) constitute a legal binding agreement between you or those you represent (“you”) and us. You agree to be bound by the Agreement by creating account to use the Services (“Account”) or downloading or using the Software, Services or Site. If you are using the Services on behalf of an organization, your employer or any other entity, you warrant and acknowledge that you have the authority to act on behalf of such entity, and consent to the Agreement on behalf of that entity. By using our Services you affirm that you are at least eighteen (18) years of age, or have the authority to act on behalf of a valid legal entity, and you have all the power and rights to enter into the Agreement.

3    Updating the Agreement

We may update the Agreement from time to time without notice. Unless otherwise specified by us, each update of the Agreement comes into force as of the moment the amended Agreement is published on the Site. You agree that it is your obligation to review the Agreement from time to time in order to stay updated. Your continued use of the Services will be deemed acceptance thereof.

4    Subscriptions

Our Software is available to you through Google Play store. You need to create/use your Google account (“Account”) in order to download the Software and go through Google Play’s in-app subscription process to purchase a subscription (“Subscription”) for your selected period of Services. Your payment is collected by Google Play store, so you are bound to Google Play Store Terms of Service and Privacy Policy. We reserve the right to amend the fees at any time and the amended fees come into force upon renewal.

Subscriptions renew automatically for the same period at the next billing cycle unless you decide to cancel the subscription before renewal day. If you do not cancel your subscription, you will be charged the then-current fee for the same period. You understand and acknowledge that your subscription is non-transferable.

5    Refund and Money Back Guarantee

We do not offer refunds or money back guarantee. Each new user, upon subscribing to our Services, is offered a 48-hour free trial prior to charging their Google account. You need to cancel the subscription through Google Play Store before the end of trial period otherwise you will be charged for the selected period of the Services. If you purchase a subscription and cancel it before the end of current period (i.e., disable auto-renewal of the Subscription through Google Play Store), no refund will be issued for the unused part of the ongoing Subscription period, and you may continue to use the Services until the end of current period. In some cases you may request a refund through Google Play Store which is issued solely at the discretion of Google Play.

6    Acceptable Use Policy

Your access and use of the Services and Site is subject to the Agreement and all applicable laws and regulations. Our Services may be accessed from all around the world, so it is your responsibility to assess whether your use of the Services is in compliance with applicable laws and regulations.

By using our Services, you agree not to:

  • Misuse our Services, that is any use, access or interference with the Services contrary to the Agreement or applicable laws and regulations.
  • Use, assist, encourage or enable others to use the Services/Site for any unlawful, illicit, illegal, criminal, or fraudulent activities, including but not limited to port scanning, sending spam, sending opt-in emails, scanning for open relays or open proxies, sending unsolicited email or any version or type of email sent in vast quantities even if the email is routed through third-party servers, use of stolen credit cards, credit card fraud, financial fraud, cryptocurrency fraud, cloaking, extorsion, blackmail, kidnapping, rape, murder, sale of stolen credit cards, sale of stolen goods, offer or sale of prohibited and dual-use goods, offer or sale of controlled substances, identity theft, hacking, pharming, phishing, scraping in any form or scale, digital piracy, conduct distributed denial-of-service (DDos) attacks, and other similar activities.
  • Upload, download, send, post, transmit, reproduce or distribute any content which is insulting, hateful, illegal, threatening, harassing, deceptive, invades privacy, incites violence, defamatory, infringes our or third parties’ intellectual property rights, protected by copyright laws, includes sexual or explicit depictions of minors, causes conditions that are dangerous or hazardous, promote bigotry or discrimination, or is similarly restricted/prohibited in your country.
  • Engage in any conduct that restricts or inhibits any other user from using the Services, interfere with or disrupt the integrity or performance of the Services/Site, or use any robot, spider, scraper, or other automated means to access our Site or Services, or attempt to gain unauthorized access to the Services, Accounts, computer systems, or networks connected to the Services through hacking, password mining, brute force, or any other means.
  • Transmit any viruses or other computer codes, files, programs, instructions, or technological means that disrupt, damage, or interfere with the use of computers or related systems.
  • Attempt to compile, utilize, or distribute a list of IP addresses operated by us.
  • Sublicense, resell, transfer, distribute, assign, or otherwise commercially exploit or make available to any third party the Services, Subscription, and/or Account in any way.
  • Any action to jeopardize, limit or interfere in any manner with our ownership and rights with respect to the Services, or claim that you are the representative or agent of any of the Services.
  • Demonstrate offensive, malicious, threatening and/or unrespectful behavior when communicating with our customer support and/or other employees.
  • Access and use the Services if you have been or are prohibited to access the Services, or if your Account has been suspended or terminated due to any reason.
  • Reproduce, modify, create derivative works from, distribute, make available over network, publicly display, or publicly perform the Services, Software or Site.
  • Reverse engineer, decompile, disassemble, decrypt the Software, Services or Site, make any attempt to derive the code, trade secrets or other confidential information from the Services, Software or Site.
  • Translate, adapt, arrange, or make any other alternation of the Services, Software or Site, and reproduce the results thereof.
  • Transfer, distribute, lease, sublicense, or rent the Services, Software or Site, and/or your rights granted under the license to any third party.
  • Use the Services, Software or Site in any manner that is not expressly permitted pursuant to the Agreement.
  • Remove or modify markings or any notice of proprietary rights of the Services, Software or Site.

7    License

We grant you a non-sublicensable, worldwide, non-exclusive, fully revocable and limited license (“License”) to download the Software and use the Services subject to your compliance with the Agreement. Nothing contained within or related to the Services or in the Agreement shall be construed as granting, by implication or otherwise, any license or right to any of our intellectual property rights.

8    Suspension and Termination

We may suspend or terminate your Account and/or Services without providing a refund if:

  • We cannot charge you for the Subscription you have not cancelled;
  • You breach or violate the Agreement.
  • You breach or violate any applicable law.
  • You are located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or you are listed on any U.S. Government list of prohibited or restricted parties.
  • It is required to do so by law.

As you subscribe to our Services through Google Play Store and we usually don’t have your contact information, we are not obliged to send you a prior notice before suspending or terminating your Account and/or Services. Upon suspension or termination of your account, the License granted in Section 7 of the Agreement will immediately terminate without further notice from us. You shall cease all use of the Software and Services. The suspension/termination of the Account or Services applies to you personally; you may not access our Services through any other Account that you own or create or through Accounts owned or created by others.

9    Disclaimers

Reasonable efforts are taken to prevent interruptions to the Site or the Services. Our Site and Services are provided “as-is” and “as-available” and we do not warrant, implied or explicit, that our Site or Services are suitable for any particular purpose or any of the material or information provided through the Site or the Services is accurate. Complex software is never error-free so we expressly disclaim, to the fullest extent permitted under the applicable laws, all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, or non-infringements. We do not make any warranty that the Services will meet your requirements or that it will be uninterrupted, secure, error-free or timely, or that defects, if any, will be corrected. We do not warrant the performance or results that may be obtained through your use of the Services. You acknowledge that you access the Site and/or the Services at your own risk.

10   Limitation of Liabilities

Your use of the Site and/or the Services is at your own risk. To the maximum extent permitted by applicable law, neither arpavpn, nor any of its employees, officers or directors, shall be liable to any user or other individual, for any direct, indirect, punitive, incidental, special, consequential, or other damages, including, but not limited to, loss of data or information of any kind, loss of business, lost profits, interruption of business, cost of cover or any other damages, any act or omission of any third party involved in making the Services or the data contained therein available to you, arising out of or in any way related to the Agreement or the use or inability to use the Services or Site, whether based on contract, tort, strict liability or otherwise, even if we have been advised of the possibility of such damages.

11   Indemnification

You agree to indemnify, defend, and hold harmless arpavpn, its officers, directors and employees, from any and all claims and expenses, including attorney’s fees and expert witness fees, as well as any judgements, losses, deficiencies, damages, liabilities, costs, claims, demands or suits, arising out of your use of the Services, including but not limited to your violation of the Agreement.

12   Chargebacks

We reserve the right to immediately terminate access to the Services, without prior notice, in the event we receive notice of a Chargeback.

13   Dispute Resolution

All disputes arising out of or relating to this Agreement or the use of the Services shall be finally settled by the applicable Courts located in Tortola, British Virgin Islands (BVI).

14   Class Action Waiver

You and arpavpn agree that each shall only 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 action.

15   Modification and Termination of Services

We reserve the right to modify or update the operation of the Services at our sole discretion, at any time, for any reason, and without notice or liability. We may also suspend the Services entirely.

16   Data Charges

You are responsible for any charges that may apply to your use of our Site or Services, including data charges.

17    Prevailing Language

For all purposes, the English language version of the Agreement shall be the original, governing instrument and understanding between you and us.