Terms of Service

Last updated May 20, 2020

Preface

These terms of service (the 'Terms' ) govern your access to and use of FlyVPN services, therefore we kindly ask you to carefully read them when visiting FlyVPN website, before you register, download, install and use the FlyVPN services, which include the FlyVPN software, FlyVPN mobile applications and any services that FlyVPN ( 'we' , 'us' , 'our' or 'FlyVPN' ) provides through our software, application or otherwise (all of which collectively are referred as the 'FlyVPN Services' ). FlyVPN is provided FlyVPN Ltd.

By agreeing to these Terms, you are also agreeing to the Privacy Policy ( 'Privacy Policy' ), which you can read here.

Please note that the Terms constitute a binding legal agreement between you and FlyVPN. By visiting the website, registering for, installing and/or using the FlyVPN Services on any platform or device you agree to be bound by these Terms. It is only under these Terms that FlyVPN allows visitors / users ( the 'users' , 'subscribers' ) to use FlyVPN Services. If you do not agree to these Terms or any provisions hereof, please do not install and do not use our software, our mobile application and/or any of our products or services.

If you are using the FlyVPN Services on behalf of an organization, you are agreeing to these Terms for that organization and acknowledging that you have the authority to act on behalf of that organization and commit to these Terms on behalf of that organization.

By using FlyVPN Services, you agree to the whole FlyVPN Terms of Service including all said general provisions incorporated by reference.

Our services

FlyVPN Services are transitory digital network communications services, which enhance internet security and privacy. At your individual request and at your sole discretion we automatically provide unsupervised and non-monitored data conduit – virtual private network (VPN) connection – for your exclusive use, at your own risk and responsibility. You are solely and exclusively responsible for the use of the FlyVPN Services.

FlyVPN will not be liable in any way or form for actions done by its users including criminal liability and civil liability for harm executed or not executed. FlyVPN liability is further limited by other provisions of these Terms.

We grant you a permission to use the FlyVPN Services subject to the restrictions set forth in these Terms. Your use of the FlyVPN Services is at your own risk. The FlyVPN Services may be modified, updated, interrupted or suspended at any time without notice or liability. We do not bear any liability for any harm or other adverse consequences to you, caused by this.

FlyVPN guarantees a 99.9% service uptime. In any event, FlyVPN shall not be liable for any loss, monetary or non-monetary harm beyond what the client paid to FlyVPN, and this shall not include attorney fees or court costs irrespective of any laws or statutes that prescribe otherwise.

FlyVPN collects and processes very limited user data. Further information about user data processing is provided in the Privacy Policy of the Terms.

FlyVPN does not condone or endorse any unlawful, illicit, criminal or fraudulent activities perpetrated by using the FlyVPN Services. Therefore, FlyVPN reserves the right to suspend or terminate an account in case any violation of the Terms of Service becomes apparent. As FlyVPN protects and respects customer privacy, it does not log or track their activity in any way. However, in the eventuality that FlyVPN would find out about an offense outside of those means (i.e., a customer would notify FlyVPN of them having done so), it would have the right to suspend or terminate the account.

Intellectual property rights

Subject to your compliance with these Terms, FlyVPN grants to you a non-exclusive and limited license to download and use the Software. Modifying, distributing to unauthorized parties, reverse engineering, or otherwise using the Software in any way not Flyly authorized by FlyVPN is strictly prohibited.

Usage of any material which is subject to FlyVPN's intellectual property rights is prohibited unless you have been provided with explicit written consent by FlyVPN.

The FlyVPN Services, including, but not limited to, the FlyVPN software, mobile application and all other items, are owned and copyrighted by FlyVPN, and are protected worldwide. We retain all right, title and interest in and to the FlyVPN Services and any portion thereof, including, without limitation, all copyrights, trademarks, service marks, trade secrets and other intellectual property rights.

You shall not take any action to jeopardize, limit or interfere in any manner with our ownership of and rights with respect to the FlyVPN Services. All rights are reserved unless otherwise noted.

Minors

FlyVPN Services may be used by persons aged at least 18 years old. You are disallowed to connect and use the FlyVPN Services if you are a minor, a competitor of our business, if you have been or are prohibited to access the FlyVPN Services, or if your account has been suspended or closed due to any reason.

Free Trial

From time to time, we may offer trials of FlyVPN services for a specified period of time without requiring a payment (a "Free Trial"). We reserve the right, in our absolute discretion, to determine your eligibility for a Free Trial, and to withdraw or to modify a Free Trial at any time without prior notice and with no liability.

Subscriptions

FlyVPN Services are available to you upon registration on the Site. By subscribing to the Services, you agree to become a subscriber ( 'Subscriber' ) for the period you have elected. A full list of subscription plans and pricing is available on the Site. FlyVPN reserves the right to amend subscription fees or institute new fees at any time upon reasonable advance notice posted on the Site or sent via email. Any changes to the pricing will not affect the Subscriber's current subscription period and will become effective upon subscription renewal. Subscription purchases and refunds are handled via multiple third-party payment companies.

When supported by your payment method, plans renew automatically by default at the completion of the billing term. By default, the renewal term is for the same duration as the billing term for the original subscription. The subscription fee will be charged automatically to the payment method you last selected. If you would like to discontinue automatic renewal, you may sign in to the Site and turn off auto-renewal. By default, auto-renewal is turned on when you use a payment method that supports auto-renewal (such as a credit card or PayPal), and turned off when you use a payment method that does not support auto-renewal (such as Bitcoin or Alipay).

Refund policy

If you wish to claim a refund, you can do so within 30 days following your purchase of FlyVPN Service. We seek your full satisfaction with our services. However, we would like to troubleshoot an issue you experience first. There are common VPN service configuration issues that may hinder FlyVPN service for you and we resolve most of user issues encountered.

For payments made in cryptocurrency, the equivalent amount in US Dollars will be refunded in the same cryptocurrency (based on the rate of exchange at the moment of refund).

You have a right to cancel your Subscriptions at any time. You can cancel a recurring subscription from Paypal, iTunes/App Store or Google Play Store.

To request a refund under the Money Back Guarantee, send an email with your request to the following email address: support@flyvpn.com

FlyVPN reserves the right to suspend or refuse service to anyone at any time for any reason. No refunds will be considered for accounts terminated for violation of these Terms.

Refunds beyond the 30-day purchase window will be considered, at the sole discretion of FlyVPN, if a Subscriber can demonstrate that the Service was not available or usable during the subscription period and that reasonable attempts were made to contact FlyVPN to resolve the issue. In this case, FlyVPN may provide the Subscriber with a pro-rata refund of service fees paid during the period when the Service was not available or usable.

Refunds are generally processed within seven (7) days, and are made to the original form of payment used for purchase. All refunds are sent in USD and therefore the refund amount could differ from the amount originally paid in local currency or bitcoin.

Users whose subscriptions are billed as an in-app purchase through the Apple App Store (iTunes) do not have access to the FlyVPN 30-day money-back guarantee. Instead, users can request refunds through the App Store, which are issued solely at the discretion of Apple Support.

Prohibited and restricted uses

Your access to and use of the FlyVPN Services is subject to these Terms and all applicable laws and regulations. In order to protect the Services from being misused or used to harm someone, FlyVPN reserves the right to take appropriate measures when our Services are being used contrary to these Terms and applicable laws.

You understand that it is your responsibility to keep your FlyVPN account information confidential. You are responsible for all activity under your account. If you ever discover or suspect that someone has accessed your account without your authorization, you are advised to inform us immediately so that we may revoke your account credentials and issue new ones.

FlyVPN aims to provide the best service possible to all of our Subscribers. In that sense, we require that you do not misuse our Content or Services. A misuse refers to any use, access, or interference with the Content or Services contrary to the Terms or applicable laws and regulations.

While using the FlyVPN Services you yourself agree not to, and agree not assist, encourage, or enable others to use the FlyVPN Services:
1. Send or transmit unsolicited advertisements or content (i.e., 'spam') over the Service.
2. Send, post, or transmit over the Service any content which is illegal, hateful, threatening, insulting, or defamatory; infringes on intellectual property rights; invades privacy; or incites violence.
3. Upload, download, post, reproduce, or distribute any content protected by copyright or any other proprietary right without first having obtained permission from the owner of the proprietary content.
4. Upload, download, post, reproduce, or distribute any content that includes sexual or explicit depictions of minors.
5. Engage in any conduct that restricts or inhibits any other Subscriber from using or enjoying the Service.
6. Attempt to access, probe, or connect to computing devices without proper authorization (i.e., any form of 'hacking' ).
7. Attempt to compile, utilize, or distribute a list of IP addresses operated by FlyVPN in conjunction with the Service.
8. Use the Service for anything other than lawful purposes.

We reserve the right to refuse service, suspend accounts or limit access to the FlyVPN Services in our sole discretion. Such suspension or access limitation may be implemented by FlyVPN instantly and without any indication, notice or refund. We may suspend your account for clarification, investigation or request you to explain your actions and provide additional information. If your account has been suspended, you must contact us for further information. We may suspend your user account for a reasonable period of time before we terminate a user account permanently.

We are under no obligation to enforce the Terms against you. We encourage you to let us know about the violation of these Terms by any FlyVPN users; however, in case of such violations we may take appropriate action at our sole discretion.

User data

You agree to read our Privacy Policy, which explains what type of information we collect and what might happen to that information, including, without limitation, how such information is shared and used. Our Privacy Policy contains information that you should review prior to using the FlyVPN Services. Our Privacy Policy will apply to the information we collect, whether or not you choose to read it.

We do not log or store any records on user activity using FlyVPN Services: however, you are required to create a user account in order to use FlyVPN Services, primarily our VPN services. If you choose to create a user account, you must provide some basic information, specifically: valid email address – to send the FlyVPN communication, to retrieve a lost password and to make a VPN connection; payment information – we process basic billing information through our payment processing partners for payment processing and refund requests.

You must maintain and update this information current, truthful, complete and accurate. You warrant that you are authorized to provide such information. You authorize us to verify your information at any time. If it is found to be untrue, inaccurate, not current or incomplete, we retain the right, in our sole discretion, to suspend or terminate your user account and your access to the FlyVPN Services.

You are responsible for maintaining the confidentiality of your FlyVPN account username and password and for restricting access to your account. You may not share your password or other account access information with any other party, temporarily or permanently, and you agree to accept responsibility for all activities that occur under your account or password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your account, username or password, as the case may be.

Disclaimer of warranties

Reasonable efforts are taken to improve the accuracy and integrity of the FlyVPN Services, but we are not responsible for downtime, loss of data, corrupt data, service delay, mistakes, out-of-date information, or other errors. Notwithstanding any other provision of these Terms, we reserve the right to change, suspend, remove, or disable access to the FlyVPN Services, or any functionality comprising a part of the FlyVPN Services at any time without notice. In no event will we be liable for making these changes. As a registered user in good standing, you may be provided with limited service by FlyVPN.

We do not warrant, and will not have any liability or responsibility for your use of FlyVPN Services or other products or services we provide. We may also impose limits on the use of or access to the FlyVPN Services, for any reason and without notice or liability. Our website, products and services may be unavailable from time to time due to human, digital, mechanical, telecommunication, software, and other failures. We cannot predict or control when such downtime may occur and cannot control the duration of such downtime.

We will strive to prevent interruptions to the Site and Services. However, these are provided on an 'as-is' and 'as-available' basis, and we do not warrant, either Flyly or by implication, the accuracy of any materials or information provided through the Site or Service, or their suitability for any particular purpose. We Flyly disclaim all warranties of any kind, whether Fly or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, or non-infringement. We do not make any warranty that the Services will meet your requirements, or that it will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. You acknowledge that you access the Site and Services at your sole risk and discretion.

We shall not be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, failures of your telecommunication or internet service providers, Force Majeure, earthquakes, fires, floods, embargoes, labor disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.

Limitation of liability

There are inherent risks in relying upon, using, transmitting or retrieving any data and/or content on the Internet, and we urge you to make sure you understand these risks before using the FlyVPN Services.

FlyVPN shall not be liable and shall not have responsibility of any kind to any Subscriber or other individual for any loss or damage that you incur in the event of:
1. any failure or interruption of the Site or Service;
2. any act or omission of any Third Party involved in making the Site or Service or the data contained therein available to you;
3. any other cause relating to your access or use, or inability to access or use, any portion of the Site or its Content;
4. your interactions on the Site or Service;
5. your failure to comply with this Agreement;
6. the cost of procurement of substitute goods or services;
7. or unauthorized access to or alteration of your transmissions or data, whether or not the circumstances giving rise to such cause may have been within the control of FlyVPN or of any vendor providing software, services, or support for the Site or Service.

In no event will FlyVPN, its partners, affiliates, subsidiaries, members, officers, or employees be liable for any direct, special, indirect, consequential, or incidental damages, or for any other loss or damages of any kind, even if they have been advised of the possibility thereof. The foregoing shall not apply to the extent prohibited by applicable law.

Geographical access

With your local laws and regulations, we make no representations or warranties that the FlyVPN Services are appropriate for use or access in your location and jurisdiction.

You access and use the FlyVPN Services in your country on your own initiative and you solely are responsible for complying with your local laws and regulations, if and to the extent such laws are applicable.

We reserve the right to limit, in our sole discretion, the availability of the FlyVPN Services or any portion thereof, to any person, entity, geographic area, or jurisdiction, at any time.

Electronic communications

You consent to receive communications from us electronically, e.g. by email, application messages, etc. We will communicate with you through the email that you provide.

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You agree that we may communicate to you for the purpose of advising you of changes or additions to the FlyVPN Services, about any of our products or services, or for such other purposes that are reasonable or required by applicable law.

Miscellaneous

FlyVPN may update the Terms from time to time without notice. If you continue to use FlyVPN's Services, Content, Site, Apps, or Software after these changes take effect, then you agree to the revised Terms. The current version of the Terms is available on the Site.

All users of FlyVPN Services are obliged to ensure that they are familiar with the most current wording of the Terms. The change of the Terms may be communicated to you by publishing the updated Terms on FlyVPN website, where the date of the most current wording of the Terms is indicated at the top of the web page.

Since you agree to be bound by these Terms each time you use the FlyVPN services, please consider reviewing the Terms each time you use the FlyVPN services. Each update of the Terms comes into force as of the moment when it is published on this web page. You understand and agree that any continued use and access to the FlyVPN Services after any updates to these Terms are published, means that you voluntarily agree to be bound by the updated Terms.

We also reserve the right to modify, update, or suspend the operation of the FlyVPN Services at our sole discretion, at any time, for any or no reason, and without notice or liability.

The Terms constitute an agreement between you and us regarding the use of the FlyVPN Services. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

You may not assign or transfer your rights or obligations under these Terms to any third party.

This Terms shall be governed by and construed in accordance with the laws of the Hong Kong, excluding its rules governing conflicts of law.

If you have questions or concerns regarding these Terms please contact us at support@flyvpn.com

Final Provisions

If any provision in this Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement shall remain in full force and effect. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.

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