AdGuard VPN End-User License Agreement

IMPORTANT: THESE TERMS OF SERVICE (“TERMS”, “EULA”) ARE A LEGAL AGREEMENT BETWEEN YOU (AN INDIVIDUAL) AND ADGUARD SOFTWARE LIMITED (OWNER OF ALL RIGHTS, WHETHER EXCLUSIVE OR OTHERWISE, TO THE SOFTWARE). READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. BY USING THE SOFTWARE, OR BY PRESSING A BUTTON INDICATING YOUR ACCEPTANCE IN THE WINDOW CONTAINING THESE TERMS, OR BY TYPING THE APPROPRIATE SYMBOL(S), YOU CONFIRM YOUR ACCEPTANCE OF THE SOFTWARE AND AGREE TO BECOME BOUND BY THESE TERMS.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE, AND/OR YOU MUST DELETE THE INSTALLED SOFTWARE.

NOTE THAT THESE TERMS REQUIRE THAT YOU AND ADGUARD SOFTWARE LIMITED SUBMIT ANY DISPUTE ARISING OUT OF THE INTERPRETATION OR APPLICATION OF THESE TERMS OR ANY BREACH THEREOF TO ARBITRATION. AdGuard Software Limited (“Rightholder”, “we”, “us”, “our”) may modify these Terms from time to time without prior notice. The amendment of these Terms may be broadcasted to you via email and/or by publishing the updated Terms on the AdGuard VPN website (https://adguard-vpn.com, “Website”).

1.1. AdGuard Software Limited provides AdGuard VPN ("Software”), which is a virtual private network (VPN) software for your exclusive use, at your own risk and responsibility. You are solely and exclusively responsible for the use of AdGuard VPN. AdGuard Software Limited shall not be liable for any loss, monetary or non-monetary harm, and this shall not include attorney fees or court costs irrespective of any laws or statutes that prescribe otherwise.

1.2. AdGuard Software Limited grants you a non-exclusive and limited license to download and use AdGuard VPN within the scope of the functionality described on the Website, provided that you comply with all requirements, restrictions and terms specified in this EULA. The AdGuard VPN services are owned and copyrighted by AdGuard Software Limited and are protected worldwide. AdGuard Software Limited retains all rights, title, and interest in and to the AdGuard VPN services and any portion thereof, including, without limitation, all copyrights, trademarks, service marks, trade secrets, and other intellectual property rights. All rights are reserved unless otherwise noted. Modifying, distributing to unauthorized parties, reverse engineering, or otherwise using AdGuard VPN in any way not expressly authorized by AdGuard Software Limited with written consent or permitted by this EULA is strictly prohibited.

1.3. If You have received, downloaded and/or installed a beta version of AdGuard VPN, so identified by AdGuard Software Limited, AdGuard Software Limited hereby grants you a non-exclusive license to use the beta version of AdGuard VPN only for testing purposes and only during the applicable testing period, provided that you participate in the Beta testing program of AdGuard Software Limited and comply with all rules of the Beta testing program and with all requirements, restrictions and terms specified in this EULA. Any use of the beta version of AdGuard VPN for other purposes or beyond the applicable testing period is strictly prohibited.

1.4. AdGuard VPN provided by AdGuard Software Limited in accordance with clause 1.2 on the basis of a paid subscription may have a limit on the number of Software instances that you can simultaneously connect to the VPN under your AdGuard personal account (“Account”). Information about the limitations is provided on the Website as well as when you purchase the subscription.

1.5. AdGuard VPN that AdGuard Software Limited may provide in accordance with clause 1.2 on a free basis may have a number of limitations, such as the maximum amount of traffic per month received through the VPN connection, limitation on the speed of the VPN connection, limitation on the available locations for the VPN servers, limitation on the number of Software instances that you can simultaneously connect to the VPN under your Account. Information on limitations is provided on the Website.

1.6. To use AdGuard VPN, you must install AdGuard VPN and sign in using your email address or sign up by creating a new Account. You must provide a valid email address when signing up. You may also sign in with an email and password you have already registered at the Website or other Rightholder’s websites, such as adguard.com, before.

1.7. We may also modify or discontinue AdGuard VPN free services and benefits without notice at any time at our sole discretion. Free-of-charge services may be discontinued at the end of the respective contract period.

2.1. Customer pays for a subscription that allows activating AdGuard VPN, a piece of software downloadable from https://adguard-vpn.com.

In order to use the paid version of AdGuard VPN, you need to purchase a monthly, one-year, or two-year subscription. Once you purchase a subscription, it is automatically linked to your Account. The period of use of AdGuard VPN granted by the Rightholder is specified when you purchase the subscription. The term of use of AdGuard VPN starts from the purchase of the subscription. If the term of use of AdGuard VPN starts at a different time, this information will be provided when you purchase the subscription.

2.2 The order process is conducted by online reseller Paddle.com. Paddle provides all customer service inquiries and handles returns. Please refer to our Privacy policy to learn more about processing of your data by Paddle.

2.3. If you have not canceled the auto-payment feature, your Account will be charged automatically, and your AdGuard VPN subscription will be renewed. If you turn off auto-renewal, you will receive an email notification before your AdGuard VPN subscription expires to the address you provided during the original purchase, with full renewal terms. You will also be notified in advance should the AdGuard VPN subscription price increase.

2.4. After a subscription purchased using coupons or discounts expires, the payment for the subscription renewal is charged at full price. Information on price changes will be sent to the email address used to purchase the subscription.

2.5. You can cancel the automatic subscription renewal service anytime, at no additional cost, in your Account to which the AdGuard VPN subscription is bound. Your paid subscription will still be valid, but you will have to renew it manually when it expires.

We grant our customers an opportunity to get a 100% refund on the funds they spent on one-year and two-year AdGuard VPN subscriptions purchased through https://adguard-vpn.com (for subscriptions purchased elsewhere, check the refund policy of the particular reseller).

The subscription in question becomes blocked at the moment the refund is issued. After 30 days, all refund requests are reviewed individually, and the decision to issue a refund rests with Adguard Software Ltd. We do not grant partial refunds for subscription upgrades or renewals. Each partial refund request is discussed separately between the Customer and Support and is granted only upon mutual agreement. To get a refund for a subscription purchased through the Website, contact the support team: support@adguard-vpn.com Processing time depends on your choice of payment method and usually takes up to 10 business days.

4.1. You may not make or distribute copies of the Software or electronically transfer the Software from one device to another or over a network.

4.2. You may not alter, merge, modify, or adapt the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form, except to the extent permitted by applicable law notwithstanding this restriction or to the extent otherwise expressly permitted by the Rightholder.

4.3. You may not sell, resell, rent, lease, or sublicense the Software. Only authorized Partners of Rightholder are permitted to resell or sublicense the Software.

4.4. You may not modify the Software or create derivative works based upon the Software.

4.5. In the event that you fail to comply with this EULA, Rightholder may terminate all licenses to the Software, and you must destroy all copies of the Software.

4.6. Unless otherwise provided herein, you shall not when using the beta version of the Software

(A) use the beta version of the Software for a purpose other than the sole purpose of testing the Software,

(B) use the beta version of the Software if you do not participate in the Beta testing program of the Rightholder or if you violate the rules of the Beta testing program,

(C) distribute, share, send, or make the beta version of the Software otherwise available to third parties without prior written consent of the Rightholder, or

(D) breach the confidentiality of the beta version of the Software, its functions, features, characteristics, design, user interface, documentation, or other related materials by publishing, sharing, sending, disclosing, or otherwise making available to third parties without prior written consent of the Rightholder.

4.7. You may not remove or modify any proprietary notice or labels from the Software or any output of the Software, including author attribution and copyright notices.

4.8. You may not use the Software for any unauthorized or illegal purpose or activity under applicable international, national, and local laws in countries where the Software is used and where the VPN servers are located, including, but not limited to accessing, downloading, uploading, transmitting via the VPN connection any materials or information of unacceptable content, including offensive, false, misleading, criminal and law breaking, defamatory, libelous, slanderous, discrediting honor, dignity and business reputation, racist, sexist, pornographic, harming or attempting to harm minors, promoting hatred against any individuals or entities, groups of persons united by cultural, professional, national, territorial, ethnic or any other characteristics, infringing any patent, trademark, trade secret, copyright or other intellectual property of any party, transmitting any unsolicited advertising and “spam” emails, misrepresent yourself as another person.

4.9. Only persons 18 years of age or older may use AdGuard VPN. You are not allowed to connect to and use AdGuard VPN if you are a minor, if you have been or are prohibited to access AdGuard VPN, or if your Account has been suspended or closed due to any reason.

4.10. You may not use another person’s email address or misrepresent yourself as another person when signing up to create your Account or when logging in to use AdGuard VPN.

4.11. You may not download, install, use the Software or purchase the subscription to the Software if the country in which you reside has restricted or prohibited the use of VPN software, or the country belongs to E.U. or U.S. embargoed countries, or if you are a person to which shipment of the Software is prohibited by the export control laws, rules, regulations, restrictions and national security controls of the European Union, the United States, and other applicable foreign agencies.

4.12. In case of violation, we reserve the right to suspend your Account or limit access to AdGuard VPN at our sole discretion. Such suspension or access limitation may be implemented by AdGuard VPN instantly and without any notice. If your Account has been suspended, you can contact us for further information.

5.1. AdGuard Software Limited guarantees a strict no-logging policy for AdGuard VPN services: your activities while using it are not monitored, recorded, logged, stored, or passed to any third party. Keynote: we do not record IP addresses and domain names of sites you visit; we do not record your IP address.

5.2. AdGuard VPN collects and processes very limited user data and has a strong Privacy Policy available at https://adguard-vpn.com/en/privacy.html that explains in detail how AdGuard Software Limited handles your personal data in relation to your use of AdGuard VPN and your browsing of the Website.

5.3. Before using AdGuard VPN, you acknowledge that you have read and understand our Privacy policy, which explains what type of information we receive and process, and what might happen to that information, including, without limitation, how such information is shared and used.

By installing and using AdGuard VPN, you acknowledge that you agree to the present Terms and terms and conditions of data processing by AdGuard Software Limited set out in our Privacy policy available at the link mentioned above.

5.4. AdGuard Software Limited shall receive and process certain data to perform our obligations set forth in these Terms and to provide you with the functionality of AdGuard VPN. The data we process depends on the operating system for which the Software is designed. Such data may be treated as personal data in accordance with the laws of certain territories and countries. You can read more about data processing in our Privacy policy.

5.5. AdGuard Software Limited will use your email address to send you notifications about modifications, new versions, and features of AdGuard VPN. In addition, you can provide your consent to receive promotional information about AdGuard VPN, or similar products or services offered by AdGuard Software Limited. If you wish to stop receiving the marketing emails, you can withdraw your consent any time in your Account or unsubscribe right in the received email.

6.1 YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. RIGHTHOLDER AND ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS WITH REGARD TO THE SOFTWARE OR ANY PRODUCTS OR SERVICES PROVIDED UNDER THIS EULA, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND QUIET ENJOYMENT. RIGHTHOLDER DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2 or ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE (UCC), AS IMPLEMENTED IN ANY JURISDICTION, WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED, OR LICENSED FOR USE IN HAZARDOUS OR HIGH-RISK ENVIRONMENTS OR USE CASES REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE, OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. RIGHTHOLDER SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.

6.2. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE OR ANY PRODUCTS OR SERVICES PROVIDED UNDER THIS EULA, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF DELIVERY OF SUCH SOFTWARE, PRODUCTS, OR SERVICES.

6.3. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RIGHTHOLDER OR ITS PARTNERS, OR ITS OR THEIR AGENTS OR EMPLOYEES, SHALL CREATE A REPRESENTATION OR WARRANTY, NOR IN ANY WAY INCREASE THE SCOPE OF ANY EXPRESS REPRESENTATION OR WARRANTY PROVIDED HEREIN.

6.4. RIGHTHOLDER SHALL HAVE NO LIABILITY, AND YOU RELEASE RIGHTHOLDER OF ANY AND ALL LIABILITY IF THE SOFTWARE HAS BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT OF USE OF THE SOFTWARE WITH OTHER THAN A RECOMMENDED HARDWARE CONFIGURATION, PLATFORM, OR OPERATING SYSTEM.

6.5. RIGHTHOLDER IS NOT RESPONSIBLE FOR ANY THIRD-PARTY SOFTWARE INSTALLED BY YOU, INTENTIONALLY OR INADVERTENTLY, BY PURCHASING LICENSES OR DOWNLOADING THE SOFTWARE FROM AN UNAUTHORIZED PARTY THAT IS NOT A RIGHTHOLDER PARTNER.

6.6. YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR PARTICULAR USE OF THE SOFTWARE DOES NOT VIOLATE APPLICABLE LAW, THIRD-PARTY RIGHTS, OR YOUR CONTRACTUAL OBLIGATIONS TO THIRD PARTIES.

7.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER RIGHTHOLDER NOR ITS SUPPLIERS OR PARTNERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE OR ANY PRODUCTS OR SERVICES PROVIDED UNDER THIS EULA WHETHER BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF RIGHTHOLDER OR ITS SUPPLIERS OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 7.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RIGHTHOLDER’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO RIGHTHOLDER FOR ANY SOFTWARE OR OTHER PRODUCTS OR SERVICES PROVIDED UNDER THIS EULA.

7.3. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS EULA.

8.1. Applicable law, arbitration, and choice of venue. This EULA will be governed by and construed in accordance with the laws of the Republic of Cyprus without reference to conflicts of law rules and principles. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any dispute arising out of the interpretation or application of the terms of this EULA or any breach thereof shall, unless it is settled by direct negotiation, be adjudicated by arbitration in the Republic of Cyprus. Any award rendered by the arbitrator shall be final and binding on the parties and any judgment on such arbitration award may be enforced in any court of competent jurisdiction. Nothing in this section shall prevent a Party from seeking or obtaining equitable relief from a court of competent jurisdiction, whether before, during, or after arbitration proceedings.

8.2. Entire agreement and non-waiver. This EULA contains the complete agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of Rightholder to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.

8.3. Restriction on amendments. No Rightholder Partner, or agent or employee of a Rightholder Partner, is authorized to make any amendment to this EULA. Any conflict or ambiguity between this EULA and any separate terms or conditions provided by a Rightholder Partner regarding the Software shall be resolved in favor of this EULA.

8.4. Severability. If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.

8.5. No use where prohibited. Use of the Software is unauthorized in any jurisdiction that does not give effect to all provisions of this EULA.

8.6. Assignment. You may not assign, by operation of law or otherwise, any rights or delegate any duties under the EULA to any third party without prior written consent by Rightholder. Any purported assignment lacking such consent will be void at its inception. Rightholder may assign all or part of its rights and/or delegate all or part of its duties under the EULA to any party, at any time, and in its sole discretion, upon notice of assignment by publishing such notice on the Website.

No action, regardless of form, arising out of the transactions under this EULA, may be brought by either party hereto more than one (1) year after the cause of action has accrued, except that an action for infringement of intellectual property rights may be brought within the maximum applicable statutory period.

Should you have any questions concerning this EULA, or if you desire to contact the Rightholder for any reason, please contact our customer support service:

Email: support@adguard-vpn.com Website: https://adguard-vpn.com

© 2024 ADGUARD SOFTWARE LIMITED. All Rights Reserved. The Software and any accompanying documentation are copyrighted and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.