Terms of Service
Updated Dec 1, 2023
1. Introduction
Welcome to upvpn LLC ("upvpn", "Company", "we", "our", "us")!
These Terms of Service ("Terms", "Terms of Service") govern your use of our web pages located at upvpn.app, our installable apps, and our cloud based services (together or individually "Services") operated and provided by upvpn LLC.
If you are entering into this Agreement on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the term "you" and "your" shall refer to such entity. If you do not have such authority, or if you do not agree with this Agreement, you must not accept this Agreement and may not use the Services.
Your agreement with us includes these Terms and our Privacy Policy ("Agreements") . Please read our Privacy Policy
here. You acknowledge that you have read and understood Agreements, and agree to be bound of them.
If you do not agree with Agreements, then you may not use the Services. These Terms apply to all visitors, users and others who wish to access or use Services.
BY USING, DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING THE SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN YOU MAY NOT USE, DOWNLOAD, INSTALL, OR OTHERWISE ACCESS THE SERVICES.
2. Payments
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
Because of prepaid payment for use of Services your usage is limited until your balance runs out, and if your usage goes beyond quota or limit for your account you acknowledge and agree that upvpn has the right to charge your credit card or other payment method on record with our payment processor in connection with your use of the Services.
If payment is not received or cannot be charged to your credit card or other payment account for any reason for pending balance or usage beyond limits/quota, upvpn reserves the right to either suspend or terminate your access to the Services and/or terminate this Agreement.
3. Pricing and Charges
upvpn may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion.
Charges are based on usage and location. A location may have multiple cloud providers that we may list at different pricing, we do our best to provide you Service at best pricing at time of using Service, which may not always be available. You agree to the charges accumulated depending on available cloud providers at time of using the Services.
4. Refunds
You may request a refund within first 30 days of your first purchase. We will refund available balance in your account. Second time and onward purchases do not qualify for a refund.
In pay as you go plan, when you use product we incur cloud provider fees, hence we can only refund your available balance at the time of issuing refund.
Before requesting refund please disconnect upvpn VPN on all of your devices to prevent accumulation of additional charges on your account.
Refund on purchases using card may take up to 5-10 business days after issuing the refund.
5. Locations
Locations are the geographic locations we provide on our Service.
upvpn, in its sole discretion and at any time, may modify available geographic locations for the Services.
When you use a particular location name on our Services, the data center of the cloud provider may physically be in a different nearby city or region but within close proximity.
6. Your Account
When you create an account with us, you certify that you are a person at least 16 years of age. Services may only be used or accessed through an electronic device controlled by you at all times. If you are over 16 years of age but are not yet of legal age to form a binding contract (in many jurisdictions, this age is 18), then you must get your parent or guardian to read these Terms and agree to them for you before you use the Services. If you are a parent or guardian and you provide your consent to your child's registration with the Services, you agree to be bound by these Terms with respect of your child’s use of the Services.
You may not use email of another person or entity or that is not lawfully available for use, without appropriate authorization.
upvpn handles your account information with utmost security. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
7. Acceptable Use
The Services may only be used for lawful purposes.
You shall not attempt to undermine the security or integrity of computing systems or networks of upvpn, its partners, or any other person, and must not attempt to gain unauthorized access.
You may not access the Services in a manner intended to avoid incurring fees or exceeding usage limits or quotas.
You must not introduce software or automated agents or scripts into upvpn's website in order to produce multiple accounts,
You may not engage in any activity that interferes with or disrupts the Services. You agree not to attack Service via a denial-of-service attack or a distributed denial-of-service attack.
8. Termination of Services
You may terminate these Terms at any time by canceling your account on the Services.
You agree that upvpn, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Services may be without prior notice, and you agree that upvpn will not be liable to you or any third party for such termination.
Upon any termination of the Services or your account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
9. Indemnity
To the fullest extent allowed by applicable law, You agree to indemnify and hold upvpn, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
10. Governing Law
These Terms shall be governed and construed in accordance with the laws of State of California without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
11. Changes to the Terms
These Terms may be amended or updated from time to time without notice and may have changed since your last visit to the website or use of the Services. It is your responsibility to review these Terms for any changes. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services. Please visit this page regularly to review these Terms for any changes.
12. Disclaimer of Warranty
THE SERVICES AND SUPPORT SERVICES ARE PROVIDED "AS IS" AND UPVPN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UPVPN DOES NOT WARRANT THAT THE SERVICES OR DELIVERABLES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR DELIVERABLES.
13. Limitation Of Liability
TO THE EXTENT PERMITTED BY LAW, NEITHER UPVPN NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UPVPN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL UPVPN'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
14. Contact Us
If you have any questions, feedback, complaint, or requests with respect to Services, please contact us at [email protected]
