Terms & Conditions of Service
Last modified: 26 January 2023
When you utilize Proton VPN, a service provided by Proton AG (“the Company”), and access this website, you are consenting to comply with the subsequent Terms and Conditions. These Terms and Conditions are inclusive of all current and forthcoming features accessible through your Proton VPN account, both separately and collectively recognized as the “Service”.
Service User
The Service is available only to individuals who are at least 13 years old, or to minors who have obtained consent from their parent or legal guardian to create and manage an account.
Only human individuals are permitted to register and maintain accounts on this Service. Accounts created through the use of “bots” or other automated methods are prohibited and will be terminated.
Users are solely responsible for all actions taken in connection with their use of the Service.
Use Policy and Prohibited Activities
The use of the Service for any activities that violate Swiss law is strictly prohibited. The Company has implemented certain rules to ensure that the Service is not misused, abused, or utilized to cause harm to others. These rules apply to all users equally, regardless of their subscription status. By using the Service, you agree not to engage in the following activities:
Accessing, sharing, downloading, or uploading illegal content, such as child pornography or any material that may be perceived as such.
Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating against others based on their gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
Sending unsolicited advertisements or content, commonly known as “spam,” through the Service or any other communication channel.
Attempting to gain unauthorized access to computing devices, commonly known as “hacking.”
Infringing upon the intellectual property rights of the Company or others.
Promoting or providing instruction on illegal activities.
Any user found engaging in any of the aforementioned activities will have their account immediately suspended without prior notice. Additionally, the user may be held liable for any damages incurred by the Company, including any fees charged by third parties as a result of the violation(s), including attorney’s fees and other costs.
Creating multiple free accounts is not an acceptable use of the Service. Free accounts must be created and maintained only by their authorized users, and it is not permissible to create accounts in anyone else’s name and later transfer the login credentials to that third party. The Company reserves the right to take action against any free account that it deems abusive.
Furthermore, we reserve the right to suspend or delete any inactive accounts that have not been used for over one year. However, paid accounts with active paid status will not be subject to this measure.
Limited Warranty & Liability
The Service provided by the Company is not guaranteed to be reliable or secure, despite our best efforts. The Service is offered “as is,” and by using it, you agree not to hold the Company accountable or seek indemnification for any loss of data, use, or profits resulting from Service performance or failure.
The Company is not responsible for any data, content, services, or products (including software) that you access, download, receive, or purchase while using the Service, and you agree not to hold the Company responsible or seek indemnification for any confidential material that may be unintentionally released as a result of a security failure or vulnerability in the Service.
While the Company will make every attempt to keep the Service available, VPN service coverage, speeds, server locations, and quality may vary. The Company is not liable for any lost or delayed data, messages, or pages caused by Service interruptions or performance issues with the Service or communication services or networks. The Company reserves the right to impose usage or service limits, suspend service, or block certain types of usage at our discretion.
The Proton VPN website may contain links to other websites that may be of interest to you. However, the Company is not responsible for the content of any linked websites, and external sites are subject to their own terms and conditions and privacy policies.
The Company may make changes and improvements to the Service at any time without notice. The Company also reserves the right to terminate service at our sole discretion without cause or notice.
Indemnification
By using this Service, you acknowledge that the Company, its parents, subsidiaries, officers, employees, or third-party contractors will not be held liable for any claims, demands, or damages made by third parties, including reasonable attorneys’ fees.
Privacy policy
By utilizing the Service and browsing the protonvpn.com website, you are subject to Proton VPN’s Privacy Policy (https://protonvpn.com/privacy-policy). This policy outlines how the Company manages and safeguards your personal data and privacy. To access and use the Service, you must agree to both the present Terms and Conditions and our Privacy Policy.
General Payment Terms
If a fraudulent payment is identified, such as the use of a stolen credit card, the Company may terminate service immediately and refer the matter to the appropriate authorities.
Subscriptions
When you sign up for the Service, you are acknowledging that you will be a subscriber for the duration of the subscription period you have chosen (such as 1 month or 1 year). At the end of the billing term, all plans will be automatically renewed. By default, the renewal term will be for the same duration as the original subscription.
If you do not meet your payment obligations as a paid account user, the Company reserves the right to suspend your account or delete it after a prolonged period of default.
Refund Guarantee
To receive a full refund, you must cancel your subscription within 30 days of the initial purchase date and request the refund during the same period. Please contact us through our support form to initiate the refund process.
After the 30-day period, refunds are generally not available, but the Company may choose to provide a refund or credit at its sole discretion. Refunds can only be requested once per user and will be given in the original currency and payment method. Payments made by cash or bank transfer are non-refundable.
If your Paid Account is terminated for violating our Terms, you will not receive a refund or credit for any payments or credits.
This refund policy only applies to users who have directly subscribed to Proton VPN or Proton Unlimited through our official channels, such as our website or apps. If you have subscribed through a third-party intermediary, please refer to their refund policy.
If you choose to dispute or initiate a chargeback through a third-party payment processor, you forfeit your right to a refund from the Company. Additionally, if the dispute or chargeback results in the Company being charged more than the price of the service, such as a dispute fee, we may charge that amount to your account.
At our sole discretion, we may offer prorated refunds for service fees paid during periods when the Service was not available or usable, upon request. Refunds will be processed in the original currency and payment method, and within 14 days of the request.
Modifications to the Terms of Service
The Company retains the right to revise and amend these Terms and Conditions within the confines of applicable laws. It is your responsibility to regularly check and review these Terms and Conditions. If you continue to use the Service after any modifications, you are giving your consent to those changes.
At its complete discretion, the Company may alter the Service by, for instance, adding or removing specific VPN server functions or updating the software.
The Company may choose to provide limited technical assistance, upgrades, and updates for the Service at its sole discretion. To enhance and advance the Service, the Company may automatically download and install updates and upgrades periodically. As a user, you agree to accept these updates and upgrades as part of your use of the Service. The Company has no obligation to provide support or maintenance for the Service under this Agreement.
Applicable Law
All aspects of these Terms and Conditions will be regulated by the applicable laws of Switzerland. Any disagreement, allegation, or conflict arising from or related to these Terms and Conditions will be under the jurisdiction of the competent courts in the Canton of Geneva, with the Swiss Federal Court’s authority explicitly preserved.
