Terms of Services

1. Parties and Contract Formation

These Terms of Service (“Terms”) are a binding agreement between you (“you”, “User”) and the operators of the VPN service (together, the “Company,” “we,” “us,” or “our”):

• Data Privacy S.A. (principal service owner and merchant of record)
  Ricardo Arango Ave, PH Bonanza, Unit 1, Ground Floor, Panama City, Panama

• Data Privacy LLC (technical service provider)
  30 N Gould St Ste R, Sheridan, Wyoming 82801, United States

By creating an account, installing our apps, purchasing a plan, or using any part of the Service, you accept these Terms and our Privacy Notice. If you do not agree, do not use the Service.

2. Helpful Definitions

For clarity:

• “Service” means our VPN network, servers, IP addresses, apps, software, extensions, APIs, websites and any related functionality we make available.

• “Website” means our public sites and subdomains where these Terms appear.

• “Account” means your personal or business profile used to access the Service.

• “Content” means text, images, files, links, code, or other material transmitted or processed via the Service.

• “Material Breach” means a breach of these Terms serious enough that we may suspend or terminate your Account immediately.

• “Billing Cycle” means the recurring period used for subscription charges and renewals.

• “Dispute” means any controversy or claim arising out of or relating to these Terms, the Service, or your use thereof.

3. Who Operates What

Data Privacy S.A. owns and commercially operates the Service (including subscriptions, pricing, promotions, and merchant-of-record responsibilities). Data Privacy LLC designs, hosts, maintains, and supports the underlying infrastructure and client software on behalf of Data Privacy S.A. Either entity may communicate with you for operational, support, legal, or billing purposes as described herein.

4. Eligibility; Accounts

1. You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service.

2. You agree to provide accurate information and keep it current.

3. You are responsible for all activity under your Account, keeping credentials confidential, and notifying us promptly of any unauthorized use.

4. You may not sell, share, assign, or otherwise transfer your Account without our written consent.

5. We may refuse, suspend, or terminate Accounts at our reasonable discretion, including to protect the network, enforce law, or address violations.

5. Plans, Payments, Taxes, Renewals, Cancellations, Refunds

• Plans & pricing. The Website and checkout display available plans, durations, and features. Taxes may apply based on your location and will be shown where required.

• Merchant of record. Unless stated otherwise, Data Privacy S.A. is your contracting counterparty for paid plans and may use third-party processors for payments and invoice delivery.

• Auto-renewal. Subscriptions renew automatically at the then-current price, unless you cancel before the renewal. You can cancel anytime in the Account settings or through support; access continues until the end of the current Billing Cycle.

• Refunds. Where mandatory law grants you a withdrawal/cooling-off right, we will honor it. Any voluntary money-back guarantee (if offered) will be described at purchase time; misuse or breach of these Terms may void guarantees.

• Price/feature changes. We may change plan prices or features prospectively. We will notify you in advance for ongoing subscriptions and apply changes at the next renewal unless otherwise required by law.

6. Business Use

If you use the Service on behalf of a business, you represent that you have authority to bind that business, and the business accepts these Terms. The business will indemnify the Company against claims arising from such use (see Section 19).

7. What the VPN Does (and Does Not Do)

The VPN encrypts traffic between your device and our network and may allow egress from our IPs/locations. The Service does not provide standalone internet connectivity, does not replace your ISP, and cannot guarantee absolute anonymity. Some services may block VPN traffic. Emergency calls (e.g., 112/911) do not route over the VPN—disable the VPN if needed to contact emergency services.

8. Fair Use and Network Health

To protect performance for all users, we apply reasonable Fair Use limits. Examples of unfair use include:

• automated connection scripts generating excessive sessions;

• behavior that materially degrades network capacity or stability;

• resource consumption that significantly exceeds typical individual usage over sustained periods.
  We may throttle, suspend, or terminate access to preserve network integrity.

9. Prohibited Conduct

You agree not to use the Service to:

• violate law or court orders; infringe IP or privacy rights; share or solicit CSAM or exploit children;

• stalk, harass, doxx, or promote violence or self-harm;

• deploy malware, run unsolicited bulk messaging/spam, operate open proxies/relays without authorization, conduct DDoS, port scans, credential stuffing, or attempts to gain unauthorized access;

• commit or facilitate fraud, money laundering, sanctions evasion, or other financial crime;

• traffic in illegal content or instructions that enable illegal activity;

• misrepresent or forge headers to disguise origin;

• operate the Service as a commercial proxy/VPN hub/reseller without our written consent;

• create automated or manual excessive connections to farm IPs or otherwise abuse session creation;

• circumvent or interfere with security features of the Website or Service.
  Zero tolerance: any involvement with CSAM or child exploitation triggers immediate termination and reporting where legally required.

10. Software License; Updates

Our applications and client software (including extensions and configurations) are licensed, not sold, for your personal, non-transferable use during an active subscription. You may not reverse engineer, decompile, disassemble, modify or create derivative works except where permitted by applicable law. We may push updates/patches; some updates may be required to keep the Service functioning.

11. Intellectual Property

The Service, software, and all materials we provide are protected by copyright, trademark, and other laws. We and our licensors retain all rights not expressly granted. You may not use our branding without written permission. If you share feedback or suggestions, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use it without obligation.

12. Copyright Complaints (DMCA/Notice)

We respect intellectual property rights. If you believe material available through the Website infringes your copyright, please send a notice identifying the work and the allegedly infringing material (including its URL), along with your contact details and the statements required by law, to our designated address (provided on our Website’s legal/contact page). We may remove content and, where applicable, notify the user. If you believe we removed content in error, you may submit a counter-notice as permitted by law.

13. Third-Party Services, Tools, Open Source

The Service may integrate or interoperate with third-party services, tools, SDKs, or content. Your use of third-party offerings is governed by their terms and privacy policies; we do not control and are not responsible for third-party materials. We may also provide or include open-source components subject to their respective licenses; where required, we will make applicable notices available.

14. Promotions and Discounts

From time to time we may offer promotions or discounts. Unless stated otherwise, promotional offers are not cumulative, may be limited to a single use per Account, and may be withdrawn or modified prospectively. Abuse (e.g., stacking or cycling promotions) may lead to adjustment, suspension, or termination.

15. Support; Remote Assistance

We provide support via channels listed on the Website. With your explicit permission, support agents may conduct remote troubleshooting (read-only logs, configuration checks, or temporary screen-share). You may revoke permission at any time.

16. Service Changes; Suspension; Termination

We may modify, add, or remove features; change server locations, IP pools, or protocols; or discontinue parts of the Service. We may suspend or terminate your Account with or without notice if: (a) you breach these Terms; (b) your use poses a security, legal, or network risk; (c) required by law or a competent authority; or (d) non-payment. Sections that should survive termination (e.g., IP ownership, disclaimers, limitations, indemnities, governing law) will continue to apply.

17. Sanctions and Export Control

You represent that you are not on any restricted-party list and are not located in, organized under, or ordinarily resident in a country or region subject to comprehensive sanctions that would prohibit your receipt of the Service. You will not use the Service for or on behalf of any sanctioned person or for prohibited end-uses under applicable export laws.

18. Disclaimers

THE SERVICE AND SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND NON-INTERRUPTION. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, SECURE AGAINST EVERY THREAT, OR ALWAYS AVAILABLE, OR THAT DEFECTS WILL BE CORRECTED. YOU USE THE SERVICE AT YOUR OWN RISK.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DATA PRIVACY S.A., DATA PRIVACY LLC, AND THEIR AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, DATA, GOODWILL; OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE FEES YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. Some jurisdictions do not allow certain limitations; in those cases, the limitation applies to the fullest extent allowed.

20. Indemnification

You agree to defend, indemnify, and hold harmless Data Privacy S.A., Data Privacy LLC, and their affiliates from any claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your breach of these Terms; (c) your violation of law or third-party rights; or (d) any content or data routed through your Account.

21. Accuracy, Availability, and Timeliness

We strive for high availability but do not guarantee that the Website or Service will be accessible at all times or on all devices. Information on the Website may be updated without notice and is provided for general purposes only. We do not promise to correct every error.

22. Governing Law; Venue; Arbitration

A. Governing law & courts (default). Except where mandatory consumer rules say otherwise, these Terms are governed by the laws of Panama without regard to conflict-of-laws principles. The courts of Panama City, Panama have exclusive jurisdiction for disputes not subject to arbitration.

B. Informal resolution. Before filing a claim, you agree to email us a short notice of the Dispute and give us 30 days to try to resolve it informally.

C. Arbitration (where permitted). If not resolved informally, and where arbitration agreements are enforceable, the Dispute will be resolved by binding arbitration on an individual basis, under the rules of a reputable arbitral institution (e.g., ICC or UNCITRAL) seated in Panama City, Panama (or another mutually agreed location). The arbitrator has exclusive authority to resolve disputes relating to interpretation, applicability, or enforceability of this Section. Either party may seek interim injunctive relief in any competent court to preserve the status quo.

D. Consumer rights preserved. If you are a consumer and applicable law gives you non-waivable rights to bring claims in your local courts or under local law, nothing here limits those rights.

23. Data Protection; Privacy Roles

Our Privacy Notice explains what data we process and why. For customer relationship and billing data, Data Privacy S.A. acts as controller. For operation of the network and apps under instructions from Data Privacy S.A., Data Privacy LLC acts as processor. We design the Service to minimize personal data and traffic metadata consistent with operating a secure network. Please review the Privacy Notice for details on categories, legal bases, retention, and your rights.

24. Server Locations; International Transfers

Traffic you route through the Service may egress from servers in various countries. Laws in those countries may differ from yours. By using the Service, you consent to the transfer of your information as described in the Privacy Notice.

25. Open Source Notices

The Service may include components licensed under open-source licenses. License texts and attributions will be made available where required. If an open-source license requires that its terms prevail over these Terms for a particular component, the open-source license will control for that component.

26. Changes to These Terms

We may update these Terms to reflect technical, legal, or business changes. If changes are material, we will notify you in a reasonable manner (e.g., email, in-app notice, or a banner on the Website) before they take effect. Continued use of the Service after the effective date constitutes acceptance. If you do not agree, discontinue use and cancel your subscription.

27. Force Majeure

We are not responsible for any delay or failure caused by events beyond our reasonable control, including acts of God, natural disasters, labor disputes, utility failures, outages, war, terrorism, civil disturbances, governmental actions, or network/hosting failures.

28. Assignment

You may not assign or transfer this Agreement without our prior written consent. We may assign these Terms (in whole or part) to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets, with notice to you as required by law.

29. Relationship; Third-Party Beneficiaries

The parties are independent contractors. These Terms do not create a partnership, agency, joint venture, or employment relationship. No third-party beneficiaries are intended, except as expressly stated.

30. Severability; No Waiver; Entire Agreement

If any provision is found invalid or unenforceable, it will be limited or eliminated to the minimum extent necessary, and the remainder will remain in effect. Our failure to enforce a provision is not a waiver. These Terms, together with referenced policies (e.g., Privacy Notice), are the entire agreement between you and us regarding the Service and supersede prior understandings.

31. Contact

• Commercial & contractual: Data Privacy S.A., Ricardo Arango Ave, PH Bonanza, Unit 1, Ground Floor, Panama City, Panama.

• Technical & security: Data Privacy LLC, 30 N Gould St Ste R, Sheridan, Wyoming 82801, United States.

• Support: see the “Support” or “Contact” section of the Website or within our apps.