PrivadoVPN Terms of Service

Last Updated: August 31, 2023

These Terms of Service (“Terms”) apply to your access to and use of the applications, websites and other online products and services (collectively, our “Services”) provided by Privado Networks AG (“Privado”). By creating an account to use our Services, you agree to these Terms. If you do not agree to these Terms, you may not use our Services. By agreeing to these Terms, you are also agreeing to a mandatory arbitration provision.

PrivadoVPN is an application layer service provider that establishes a secure VPN connection when connecting to the Internet.

Privacy Policy

Privacy is the foundation of Privado and the PrivadoVPN brand. The PrivadoVPN Privacy Policy is hereby incorporated into these Terms by reference. Please read this Privacy Policy carefully for information related to Privado’s collection, use, and disclosure of your personal data.

Eligibility

You must be at least 18 years of age to use our Services. If you are at least 16 years old but under the age of 18, you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. You must be a person to use our Services. Automated users, bots or any other automated methods are not allowed and will be immediately terminated. By accessing, downloading or using the Services, you represent and warrant that You are eligible or have the permission of a parent or guardian to use the Services.

Modification of these Terms

We reserve the right to review and change these Terms within the limits of the laws of Switzerland at any time. You agree that it is your obligation to review these Terms. Your continued use of the Services after subsequent modifications shall constitute your consent to such changes.

Modification of the Services

We reserve the right to modify the Services at any point in time, including but not limited to providing software updates, removing or adding functionality to the Services and adding or removing servers at any point in time.

Free and Subscription Services

You may choose whether to use the free Services or the subscription based, paid or premium Services. Free Services may be subject to data transfer limitations and may be byte capped.

Copyright

Privado’s policy is to respond to notices of alleged copyright infringement that comply with Swiss copyright laws. For more information, please go to Privado’s Copyright Policy.

Prohibited Activities

You may not use the Services for any activities that are illegal under the laws of Switzerland. You agree not to use the Services for any of the following:

Rent, sell, resell, loan, lease, distribute or otherwise transfer the Services;
Reverse engineer, disassemble, decompile or attempt to find or view the source code of the Services;
Infringing any copyright, patent, trademark, trade secret or any other intellectual or proprietary right of any party;
Sending or transmitting unsolicited spam, advertisements, content while using the Services;
Abusive or Defamatory language that advocates discrimination based on race, religion, gender, sexual orientation or disability;
Publishing, promoting or sharing materials that are illegal;
Anything that depicts or promotes child endangerment or sexual or explicit images of minors;
Attempting to connect to computer devices without proper authorization (i.e., illegal network intrusion or hacking);
Export control violations;
Any illegal or unlawful activities of any kind

Denial of Access

Privado reserves the right to modify or discontinue your use of the Services at any time without notice. If you paid for premium or subscription Services, you may be entitled to a refund, unless your termination is based on a violation of these Terms. You shall not allow any third party to access the Services from your devices.

Limited License

Our Services, including the text, graphics, images, photographs, videos, illustrations, trademarks, tradenames, logos, slogans and other content contained therein, are owned by or licensed to Privado and are protected under both Swiss and foreign laws. Except as explicitly stated in these Terms, Privado and our licensors reserve all rights in and to our Services. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to use our Services for your own personal use; however, such license is subject to these Terms and does NOT include any right to (a) sell or resell any aspect of our Services to any third party; (b) copy, reproduce, distribute, or publicly display the Services, except as permitted by us; (c) modify the Services, remove any proprietary rights, notices or markings, or otherwise make any derivative uses of our Services; or (d) use our Services other than for their intended purposes.

Content Restrictions

You are prohibited from copying, reproducing, capturing, storing (on any format), distributing, or retransmitting any copyrighted content that you access or receive while using the Services. You assume all risk and liability for any prohibited use of copyrighted content.

Disclaimers and Limited Warranty

Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purposes, title and non-infringement. You assume the entire risk as to the quality and the performance of the Services.

Payment

Payment for Services and subscription plans will be charged to the payment method that you have selected. We reserve the right to terminate Services immediately if a fraudulent payment is detected. Privado uses third-party payment processors for electronic commerce. By using such third-party payment processors, you agree to their terms and conditions of such use. Such third parties may charge fees to process payments. We may, but we are not required to pay certain fees at our sole discretion. To the fullest extent permitted by law, Privado disclaims all liability with regard to any fees or problems that you have with third-party payment processors.

Subscriptions

If you choose to subscribe to our Services, you acknowledge and agree to become a subscriber (“Subscriber”) for the period that you choose (i.e., 1 month, 1 year, etc.) The subscription plans and pricing will be available on the PrivadoVPN site. We reserve the right to modify fees and implement new plans and pricing at any point in time. Any changes or modifications to subscription plans will become effective during a subscription renewal and not during the Subscriber’s then current subscription period (i.e., if you subscribed for 1 month, the changes to the plan or pricing will be effective the following month).

Refund Policy

If you subscribe to an annual plan (i.e., 1 year), you may receive a refund if you cancel your account within (30) calendar days of your initial purchase. Refunds beyond the 30-day purchase window are not available. Monthly subscription plans are not eligible for the 30-day Refund policy. Refunds for subscription payments made with Direct Debit, Credit Card, or PayPal, only. Refunds are not provided at any point in time if you violate these Terms.

If you subscribe to our Services through the Apple App Store, you do not have access to the 30-day Refund policy. However, you can request refunds through the Apple App Store, which are issued solely at the discretion of Apple Support.

Renewals

All subscription plans will renew automatically at the completion of the then current billing term. The renewal term will be for the same duration as the billing term for the original subscription. If the original billing term is no longer available, the Subscriber will be renewed on a monthly billing term.

If the payment method we have on file for you is declined for your subscription or renewal of paid or premium Services, we may retry the payment method at the same or lower rate. You are solely responsible for canceling your subscription regardless of whether you receive any notice from Privado about the renewal of the subscription. You are responsible for updating a new payment method if your payment method expires prior to the renewal date. Payment method updates may be done on your account page. To the fullest extent permitted by law, Privado makes no representations or warranties about the continued availability of any form of payment method made available for use with the Services. We reserve the right to add and remove payment methods at any point in time.

Termination by Privado

If you are a user of the free Services, you agree that Privado, in its sole discretion, for any or no reason, may terminate your account or your use of the Services at any point in time and for any reason. If you paid for premium Services or a subscription and your account is terminated during a period for which you are a paid subscriber, you may be entitled to a pro-rated refund of your current subscription payment amount in connection with your use of the premium or subscription Services. If your account is terminated due to a breach of these Terms, you will not be entitled to any refund whatsoever.

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Privado, our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Privado Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of our Services; (b) your violation of these Terms; (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (d) your conduct in connection with our Services.

Limitation of Liability

Privado Parties will not be liable to you under any theory of liability, whether based in contract, tort, negligence, warranty, or otherwise- for any indirect, consequential, incidental, special damages or lost profits arising out of or in any way related to these Terms or our Services, even if Privado Parties have been advised of the possibility of such damages.

Privado shall not be liable and shall not have any responsibility to any subscriber, individual or other entity for any damage or loss related to:

Applicable Law & Arbitration

These Terms and the Services shall be governed in all respects by the laws of Switzerland. All disputes arising out of these Terms or the Services shall be resolved exclusively by arbitration in accordance with Swiss rules and regulations. The seat of the arbitral tribunal (place of arbitration) shall be the city of Zug, Switzerland.

Any dispute, controversy or claim arising out of or in relation to this contract, including the validity, invalidity, breach or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers' Arbitration Institution in force on the date on which the Notice of Arbitration is submitted in accordance with these Rules. The number of arbitrators shall be one. The seat of the arbitration shall be in the city of Zug, Switzerland. The arbitral proceedings shall be conducted in English. Notwithstanding the foregoing in this paragraph, Privado reserves the right to seek interim relief at any competent court having jurisdiction.

Assignment

These Terms, and any licenses and rights granted hereunder, may not be assigned or transferred by you. Privado reserves the right to assign these Terms without restriction. Any attempt by you to assign these Terms will be null and void.

Entire Agreement

These Terms constitute the entire agreement between you and Privado.

Privado Networks AG

Grafenauweg 8, CH-6300 Zug,
Switzerland