The following Terms of service (the “Terms”) outlines the terms and conditions of use of and access to the Contents (the “Contents”) and Services (the “Services”) provided by aVPN. (“aVPN” or “we”), which includes aVPN website (the “Website”), applications (the “Apps”) and any software provided by aVPN (the “Softwares”).
By accessing the Contents or Services, you or those you represent (“you”) agree and acknowledge that you have read and accepted the terms in its entirety. These Terms constitute a legally binding agreement (the “Agreement”) between you and aVPN. These terms also apply to all users of the Service, including the users with paid accounts. If you don’t agree with any part of the Terms, you may not use our Service.
We reserve the right to change, add or remove any part of these Terms, at any time without prior notice to you other than posting the updated version on the Website. Such modification shall be effective immediately upon posting on the Website. Please check these Terms periodically for changes. If we make any material changes to these Terms, we will endeavor to provide an additional notice of any changes through reasonable means. Your use or continued use of the Website or Services following the posting and/or notice of any changes to these Terms or any other posted policies shall constitute your acceptance of the changed Terms or policies. If you do not agree to the amended Terms you must immediately leave the Website and cease all use of our Services.
aVPN does not and will not collect or store traffic data, DNS queries, browsing history and VPN connection destination. aVPN does require users to provide certain information such as Telegram Link and payment information during registration and purchase for customer support purposes. The detailed information is documented on the Privacy Policy page on our Website; please review the document in accordance with the Acceptance of the Terms. We do not provide any users’ information to any third parties. We do not cooperate with any request for information unless we are ordered by a court of competent jurisdiction.
aVPN grants you a non-exclusive, non-transferable right to use the service. You shall not modify, distribute, sublicense or by any mean commercially exploit or make available to any third parties the Services in any way. aVPN reserves all rights that are not expressly granted to you.
Given that our Services can be accessed globally, it is your duty to ensure that your use of the Services aligns with the applicable laws and regulations. Please note that if you are located in a country where using, accessing, or subscribing to the Services would violate the Export Control Policy, you may be unable to access the Services. It is your ongoing responsibility to assess whether your use of the Website, Apps, Software, or Services complies with applicable local, state, national, and foreign laws and regulations. This includes compliance with these Terms as well as any relevant laws, regulations, and policies. Each time you utilize the Services, you are obliged to adhere to these Terms and comply with the applicable laws, regulations, and policies.
aVPN aims to provide the best possible service to all of our users, which requires you not to misuse our content or services. Misuse refers to any use, access, or interference with our content or services that violates these terms or applicable laws and regulations. aVPN reserves the right to take appropriate measures if our services are used in violation of the terms and applicable laws. We reserve the right to suspend and/or terminate the services provided to any user who violates any applicable laws or these terms, whether it is a single or repeated violation, without refund or notice. However, the decision of whether you have abused our services lies solely at our discretion.
When using our Service, you agree not to or enable others to:
- Use or assist others in using the Services for unlawful, illegal, criminal, or fraudulent activities. This includes activities such as spamming, hacking, identity theft, piracy, or conducting DDoS attacks.
- Use the Services for military purposes, including cyber warfare or weapons development.
- Assault, interfere with, or gain unauthorized access to other networks or computers through our Services.
- Exploit children in any form, including distributing, reproducing, uploading, downloading, or posting any content that contains explicit or sexual depictions of minors.
- Violate copyright, intellectual property rights, privacy, or other legal rights of aVPN, our licensors, or third parties. Distribute, reproduce, upload, download, or post any copyrighted content before obtaining authorization or permission from the owner of the proprietary material.
- Communicate or share illegal, abusive, hateful, threatening, obscene, or objectionable content that interferes with rights or poses danger to others.
- Transmit viruses or codes that disrupt computer systems or interfere with their use.
- Interfere with the integrity or performance of the Service. Decompile the client or exploit the vulnerability to break into the server.
- Attempt to gain unauthorized access to the Service or its related systems or networks (i.e., any form of "hacking").
- Engage in any conduct that inhibits or restricts any other users from enjoying or using the Services, which includes but is not limited to unfair usage of the network (i.e., Utilizing substantially excessive bandwidth that exceeds the average user bandwidth usage for an extended duration or like manners that exert an excessive load on the network that may cause disturbance to other users on the network).
- Compile, utilize, or distribute the IP addresses of aVPN's servers.
- Commercially exploit or distribute the Services, Subscription, or Account without authorization.
- Access our Services using automated means without prior permission.
- Copy or build a product with similar features, functions, or graphics as the our Service.
- Threaten, stalk, harm, harass others, or promote bigotry or discrimination.
- Attempt unauthorized access to the Services, Accounts, or computer systems through hacking or other means.
- Violate ethical, moral, or conduct norms.
- Use the Services for engaging in any conduct for unlawful, misleading, fraudulent, illegal, or unauthorized purpose.
- Share non-public features or content of the Software and/or Services with third parties.
- Violate or attempt to evade these Terms, within the limits of applicable law.
- aVPN reserves the right to take appropriate action when the Services are used contrary to these Terms and applicable laws, including termination of the Services without providing notice.
aVPN does not assume any responsibility for the content of third-party advertisements displayed in the App. If users find any content that they consider inappropriate or in violation of any laws or regulations, they may report it to aVPN by emailing to jsc.avpn@gmail.com. The report email should illustrate the inappropriate content by providing the screenshots or a detailed description of the ads.
aVPN may offer you third-party content or links to external websites. Please note that aVPN does not have control over these third parties, and their availability and terms of use may differ from aVPN. We are not responsible for the availability of third-party content as they are not controlled or supervised by aVPN. Your access to any third-party website, service, or content through our Services does not establish any relationship between aVPN and the respective third party.
In the event that (i) you violate our usage policy, (ii) you violate any applicable laws, or (iii) laws or regulatory authorities prohibit it (for example, when providing our services becomes illegal in your country/region), we may suspend (for clarification, investigation, or to request an explanation of your actions) or terminate your services.
We may (but cannot guarantee) provide you with prior notice before suspending or terminating your account and/or services. For example, if (i) you egregiously violate our usage policy or any applicable laws, which poses an immediate and severe threat to us or any other third party, or causes interruptions to our services; (ii) we are unable to send you notifications due to you not providing or updating your contact information correctly; (iii) due to legal or government orders, we are unable to notify you, we may not be able to provide advance notice of termination of your access to our services.
If circumstances allow, we will provide you with a reasonable opportunity to resolve the issue before suspending or terminating your services. However, if has already been suspended, you must contact us for further information. We may (but are not obligated to) keep it suspended for a reasonable period of time before permanently terminating your services.
Upon suspension or termination under these Terms, you will lose access to the Services. Upon expiration of your subscription or any termination under these Terms, the license granted under these Terms, and any other licenses (if any), will terminate immediately without notice.
aVPN and its services are owned by aVPN. aVPN reserves all rights and owns all the visual interfaces, information, servers, products, software, graphical materials and all other elements of the service. Software used under these Terms is licensed, not sold, and you do not acquire title or ownership to any copies or the Software itself, nor to the Services and Website. We retain all right, title and interest in and to the Services, Software, Website and any portion thereof, unless expressly stated otherwise.
aVPN is providing this service on the "as-is" and "as-available" basis without warranty or representation of any kind. aVPN does not guarantee the Services will meet your requirements, as in continuous availability of the Service or any specific feature(s) of the service. To the full extent permissible by applicable law, we disclaim all warranties of any kind, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising through course of dealing, course of performance, or usage of trade. You acknowledge that you access the Services at your sole risk and discretion.
Reasonable efforts are taken to improve the accuracy and integrity of the Services, but we give no warranty or representation that the Services will be wholly free from defects, errors, and bugs, such as downtime, loss of data, corrupt data, service delay, mistakes, out-of-date information, or other. The VPN Service (coverage, speed, quality, and server location) may vary, and the Service is subject to unavailability including but not limited to third-party service failure; emergencies; equipment, transmission, or network limitation or issue; interference or signal strength. aVPN is not responsible for any failure to maintain the accuracy, quality, security, and confidentiality of your data, message, or pages whether or not related to interruptions or performance issues with the Service.
Notwithstanding any other provision of the Terms, aVPN reserve the right to impose usage or service limits, suspend service, or block certain kinds of usage in our sole discretion.
To the fullest extent permitted by applicable law, aVPN disclaims any liability and responsibility for any loss or damage caused by, but not limited to, the following circumstances:
1, Failure or interruption of the Services.
2, Acts or omissions of third parties involved in providing the Services or the data therein.
3, Any other cause related to your access or use, or inability to access or use, any part of the Site or its Content.
4, Failure to comply with the Agreement.
5, Cost of procuring substitute goods or services.
6, Unauthorized access to or alteration of transmissions or data, regardless of whether or not the circumstances were within the control of aVPN or any third-party vendor providing software, services, or support for the Site or Services.
Your use of the services provided by aVPN is at your own risk. aVPN, its parents, subsidiaries, affiliates, employees, officers, and directors will not be liable for any direct, indirect, punitive, incidental, special, consequential, or other damages arising from these terms or the use or inability to use the services or websites, regardless of whether the damages are based on contract, tort, strict liability, or any other legal theory. This includes, but is not limited to, loss of data or information, loss of business, lost profits, interruption of business, and the cost of cover. This limitation of liability applies even if aVPN has been advised of the possibility of such damages.
You hereby agree to indemnify, defend, and hold harmless aVPN, its employees, members, directors, agents, supplier, and affiliated companies and their employees, agents, directors, shareholders, members, from any and all claim and expenses, including attorneys’ fees, arising out of your use of the Content and Service, including but not limited to your violation of this Agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
If any provision of the Terms is held to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of the Terms shall remain in full force and effect. This provision shall be interpreted in a manner consistent with applicable law to reflect the original intent of the provision. The failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision or be deemed a waiver of any subsequent breach or default.