End-User License Agreement of AdGuard VPN
August 03, 2020
IMPORTANT: THESE TERMS OF SERVICE (“TERMS”) IS 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 SOFTWARE. BY USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL THE 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 may modify the Terms from time to time without prior notification. The Terms are binding from the time that they are updated on our website. The amendment of Terms may be broadcasted to you by sending an email and/or by publishing the updated Terms on AdGuard VPN website.
1.1. Adguard Software Limited provides AdGuard VPN 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 VPN 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 to you a non-exclusive and limited license to download and use AdGuard VPN. The AdGuard VPN services are owned and copyrighted by Adguard Software Limited, and are protected worldwide. Adguard Software Limited retain all right, 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 a written consent is strictly prohibited.
1.3. In order to use AdGuard VPN, You shall install the software and register using an email address. A valid email address must be provided at registration for creation of the AdGuard VPN user account. You may also login with an email and password you have already registered at adguard.com before.
1.4. By providing your email address, you agree to receive notifications about any modifications to AdGuard VPN, promotional information about AdGuard VPN or similar products or services offered by Adguard Software Limited. In case you wish not to receive any marketing emails any more, you can disable them in your AdGuard personal account or unsubscribe right in the received email.
1.5. We may also modify or discontinue our free services and benefits without notice at any time at our sole discretion. Non-gratuitous services may be discontinued at the end of the term of the respective contract.
2. Terms of Sale
2.1. Customer pays for a subscription that allows to activate AdGuard VPN, a software that is downloadable from https://adguard-vpn.com/
In order to use the unlimited version of AdGuard VPN, you need to purchase a subscription: Monthly or Annual. Once you purchase a subscription, it is automatically linked to your AdGuard personal account.
2.2 The order process is conducted by online reseller Paddle.com. Paddle provides all customer service inquiries and handles returns.
2.3. If you have not cancelled the auto payment feature, the funds will be charged from your account automatically and the AdGuard license will be renewed. If you disable auto renewal, before the AdGuard license expires you will receive a notification with the complete information regarding the terms of its renewal via an email to the address you specified at time of original purchase. You will also be notified in advance should the AdGuard license price increase.
2.4. After the license that was purchased using coupons or discounts expires, the payment for the license renewal will be charged at full price. All changes to prices will be sent to you in the email you've registered when purchasing the license.
2.5. You can cancel the automatic license renewal service at any time in your personal account to which the AdGuard VPN subscription is bound to without any additional charges. The paid license will continue to operate, but you will have to renew it manually when it expires.
3. Refund policy
We grant our customers a possibility to return 100% of funds they spent on AdGuard Annual subscriptions purchased from https://adguard-vpn.com/ (for subscriptions purchased elsewhere, look for the refund policy of that particular reseller). Important: Monthly subscriptions are not refunded. For Annual subscriptions we have 30-day money-back-guarantee. All refund requests made within 30 days since the Annual subscription purchase are satisfied no matter what the reason is.
The subscription in question becomes blocked the moment the refund is issued. After 30 days, all requests are considered individually and the decision whether to issue a refund is left up to AdGuard Software Ltd. We do not grant partial refunds for subscription upgrades and renewals. Each case of partial refund request is discussed separately between Customer and Support, and satisfied only upon mutual agreement. To get a refund for a subscription purchased on official website https://adguard-vpn.com/, you need to contact the support team: email@example.com. Processing time will depend on payment method you have chosen and usually takes up to 5-10 business days.
4.1. You may not make or distribute copies of the Software, or electronically transfer the Software from one Computer 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 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 (A) install or use more than the number of copies of the Software for which You purchased a license, (B) download the Software Trial Application under more than one username, (C) alter the contents of a hard drive or Computer system to enable the use of the Software Trial Application for a period in excess of the trial period for one license to such Software Trial Application, or (D) use the Software Trial Application for a purpose other than the sole purpose of determining whether to purchase a license to a non-trial version of the Software.
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 non-authorized purpose or any illegal purpose under applicable law.
4.9. Only persons aged at least 18 years old can use AdGuard VPN. You are disallowed to connect and use the AdGuard VPN if you are a minor or if you have been or are prohibited to access the AdGuard VPN, or if your account has been suspended or closed due to any reason.
4.10. In case of violation, we reserve the right to suspend accounts or limit access to AdGuard VPN in 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 activity 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.
6. Warranty Disclaimer
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. Limitation Of Liability
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 6 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 its website.
9. Period for Bringing Actions
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.
10. Contact Information
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:
© 2020 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.