Terms of Use Agreement

Thank you for using AlwaysVPN. This Terms of Use Agreement (“Agreement”) governs your access and use of this website, operated by AlwaysVPN (“our,” “us,” or “we”) and located at AlwaysVPN.com (collectively, the “Website” or the “Site”). By accessing, browsing, and using this Website, you (“you” or “User”) agree that you have read, understood, and agree to be bound by this Agreement. If you do not or cannot agree with any of the terms herein, you must cease use of the Website.

We reserve the right to change this Agreement at any time, at our sole discretion. If we make any changes, we will notify you by posting the changes here. You are responsible for reviewing any changes to the Agreement. Your continued use of the website after posting of changes to the Agreement is your acceptance to the modified Agreement. The Agreement was last modified on August 25, 2020.

By continuing to use the Website, you state you have the power and authority and are of sufficient age to enter into this Agreement. You confirm that you are not representing or impersonating someone else and that all the information you provide to us will be accurate, true and complete to the best of your knowledge at the time of provision. The Website is not intended for users under 18 years of age. If you are under 18, do not use the Website and do not provide us with any personal information. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

We reserve the right at any time, and from time to time, to modify, suspend or discontinue (temporarily or permanently) the Website, or any part of the Website, with or without notice.

Disclaimer

You have access to use AlwaysVPN.com for informational purposes. Any third party that the Website links to is not endorsed by AlwaysVPN in any way. AlwaysVPN has no control of content on any linked third-party site. AlwaysVPN does not provide VPN services. The information available through the Website is provided solely for informational purposes on an “as is” basis at user’s sole risk. This site is not providing financial, legal, business, technical, or other professional advice. AlwaysVPN makes no guarantees as to the accurateness, quality, or completeness of the information and AlwaysVPN shall not be responsible or liable for any errors, omissions, or inaccuracies in the information or for any user’s reliance on the information. AlwaysVPN is not responsible for any discrepancy between information on the Website and similar or related information on other, third-party sites. AlwaysVPN makes no guarantee that any VPN, mobile or desktop application, website, offer, deal, service or the service providers providing them are the best available for each user. User is solely responsible for verifying the information, application and/or services as being appropriate for user’s personal use, including without limitation, seeking the advice of a qualified professional regarding any specific questions a user may have.

VPN providers may pay fees to AlwaysVPN for access to users who have expressed interest in certain applications, products and/or services. We are not responsible for any transaction, subscription, arrangement or relationship you enter into with any VPN provider and will not be liable for any fees, losses, costs, damages, or claims in connection with, arising from or related to your interaction with a VPN provider.

Privacy

Our privacy policy clearly outlines and explains the information we may collect from you, how we might share it and how we may use it in connection with the Services we provide you on the Website.

The Privacy Policy is part of this Agreement and is hereby incorporated by reference. By using the Website, you consent to our Privacy Policy and the collection, use and sharing of information as discussed therein. Additionally, by using this Website, you acknowledge and agree that internet transmissions are never completely private or secure.

Use of the Website

You may not rent, lease, lend, sell, redistribute, reproduce, or sublicense the Website. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website, or any part thereof. You may not use the Website to abuse, defame, harass, threaten or post or cause to be posted any illegal content. You may not post any content (including in comments, if available) that infringes on the legal rights of any other person, party or property. You may not use the Website to transmit any sort of malware, virus, trojan horse or other type of damaging content or technology. To access the Website, you may not use a VPN, IP masking tools or any other method of digital identity obfuscation. If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s). You may not exploit or interfere with the Website in any unauthorized or unlawful way whatsoever, including, but not limited to, by trespassing or burdening the network infrastructure or capacity.

AlwaysVPN reserves the right, at any time and at our sole discretion, to restrict or ban any user from using the Website and terminate their license under this Agreement for any violation of these restrictions.

Intellectual Property

AlwaysVPN.com is the property of AlwaysVPN and contains editorial content, information, images (including AlwaysVPN logos) graphic elements and data that are subject to copyright, trademark, trade secret and other intellectual property laws. By using the Website, you agree to abide by all copyright and trademark restrictions.

You retain all intellectual property rights over any content that you upload or post (“User Content”), as allowed, to the Website. You grant AlwaysVPN a non-exclusive, world-wide, transferable, sub-licensable, royalty-free, perpetual, irrevocable license to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, index and create derivative works from your User Content in any media now existing or hereinafter devised.

User Content

You agree that you will not submit any content (including comments, where available) that falls into the following categories:

  • Spam, promotional content or advertisements for products or services not related to AlwaysVPN
  • Abuse, harassment, hate speech, discrimination, pornography, adult content, illegal
  • Defamation, libel, trademark infringement, copyright infringement, deliberate misinformation or deception

At all times, we reserve the right to review, edit and/or remove all User Content, at our sole discretion, without notice. Additionally, we reserve the right to ban users, at our sole discretion, without notice.

By agreeing to these terms, you acknowledge that we have the right to fully cooperate with law enforcement or any court order requesting us to disclose the identity of any user. You agree to hold harmless AlwaysVPN and affiliated parties, agents, licensees and service providers from any claims resulting from any action taken by any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either the company/such parties or law enforcement authorities.

We cannot review all User Content before it is posted on the Website and cannot ensure that all objectionable material is caught and removed. We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

If you suspect that your copyrighted work has been posted or reproduced on AlwaysVPN without proper authorization, you may contact us at Support@AlwaysVPN.com. Please put “Copyright Infringement Request” in the subject line and include your name, identification and description of the infringed upon copyrighted content, your preferred contact method and information, and statement, under penalty of perjury, that the information you are providing to us is accurate and that you are authorized as or on behalf of the content owner. Any user who provides misleading or deceptive requests that result in damages, cost, expenditures or fees on behalf of AlwaysVPN will be held liable for said damages.

Indemnification

You agree to indemnify, defend and hold harmless AlwaysVPN and its officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) any User Contributions, or (b) breach by you or any user of your account or these Terms of Use or any representations, warranties and covenants contained in these Terms of Use. You shall cooperate fully and reasonably in the defense of any such claim. AlwaysVPN reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Warranty Disclaimer

The website is provided on an “as is” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are imposed by and incapable of exclusion, restriction or modification under the laws applicable to these terms of use. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement on the site. The information, facts, and opinions provided are no substitute for professional advice.

Liability Disclaimer

Your use of the website is at your own risk. Neither AlwaysVPN nor any of its subsidiaries, divisions, affiliates, agents, representatives or licensors (including our independent contractor contributors) shall be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of your access or use of, or your inability to access or use, the site and the information available on the site or arising out of any action taken in response to or as a result of any information available on the site. You hereby waive any and all claims against AlwaysVPN and its subsidiaries, divisions, affiliates, agents, representatives and licensors (including our independent contractor contributors) arising out of your use of the site and the information available thereon.

Disputes

These Terms of Use are governed by, construed and enforced in accordance with the laws of the State of Colorado (without regard to conflict of law principles). In the event of any dispute, you irrevocably consent to exclusive jurisdiction and venue in the courts located in the State of Colorado.

Any cause of action or claim you may have arising out of or relating to these terms of use or the site must be commenced within six (6) months after the cause of action accrues, otherwise, such cause of action or claim is permanently barred and you hereby agree to waive such cause of action or claim after such date.

Severability

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

No waiver by AlwaysVPN of any terms in this agreement shall deem any other term or condition invalid or unenforceable. Nor shall any failure to enforce any part of this agreement by AlwaysVPN constitute a waiver of such term(s) or any other.

Entire Agreement

These Terms of Use represent the entire and only agreement between you and AlwaysVPN with respect to the Website and supersede all prior or other understandings, agreements, representations and warranties, both written and/or oral, with respect to the Website.

Contact Us

All feedback, comments, requests for support and other correspondences should be directed to Support@AlwaysVPN.com.