Terms and Conditions of Service
Last modified: January 26, 2023
By using this site and making use of Proton VPN, a service offered by Proton AG ("the Company"), you agree to abide by the following Terms and Conditions. These Terms and Conditions cover all present and future features offered by your Proton VPN account, individually and collectively referred to as the "Service".
Users of the Service
This Service is provided exclusively to individuals who are at least 13 years of age, or to minors who have obtained parental or legal guardian consent to open and maintain an account.
This Service is provided exclusively to persons. Accounts registered by “bots” or automated methods are not authorized and will be terminated.
Each user is solely responsible for all of his or her actions related to the use of the Service.
Usage Policy and Prohibited Activities
The Service cannot be used for activities prohibited by Swiss law. To protect its services from being misused, abused or being used to harm someone, the Company enforces some rules which apply to every user equally, regardless of the type of subscription. You specifically agree not to use this Service for:
- Accessing/sharing/downloading/uploading illegal content, including, but not limited to, child pornography or content perceived to be child pornography;
- Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- Sending or transmitting unsolicited advertisements or content ("Spam") over the Service, via e-mail or any other communication channel;
- Attempting to access, probe, or connect to computing devices without proper authorization (i.e., any form of “hacking”);
- Infringing upon or violating our intellectual property rights or the intellectual property rights of others;
- Promoting illegal activities, or providing means for/helping other people commit illegal activities by providing instructional information;
The account of any user found involved in any of the aforementioned activities will be suspended immediately without notice. Additionally, you may be held responsible for any and all damages incurred by the Company, including any amounts charged by any outside entity due to said violation(s), including without limitation attorney's fees and costs.
Having multiple free accounts is not an acceptable use of the service. Free accounts can also only be created and maintained by their effective users (e.g. it is not acceptable to create accounts in anyone else's name and later transfer credentials to that third party). The Company reserves the right to take action against any free account which it considers abusive in that regard.
We reserve the right to suspend or delete accounts that are inactive for over one year. Paid accounts with active paid status are not subject to this measure.
Limited Warranties and Liability
The Company does not make any warranty about the reliability of the Service and does not guarantee the security of user data despite best efforts. The Service is provided “as is” and you agree neither to hold the Company responsible nor to seek indemnification for any damages that may arise as a result of the loss of use, data, or profits connected to the performance of the Service or failure in such performance.
The Company does not control, nor is responsible for, any data, content, services, or products (including software) that you access, download, receive or buy while using the Service. Furthermore, you will not hold the Company liable or seek indemnification if confidential material is unintentionally released as the result of a security failure or vulnerability in the Service.
The Company will attempt to make the Service available at all times; however, VPN service coverage, speeds, server locations and quality may vary. The Company is not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Service or communications services or networks. The Company may impose usage or service limits, suspend service, or block certain kinds of usage at our sole discretion.
The Proton VPN website may contain links to other websites of interest. However, The Company is not responsible for the content of any website that it links to, and external sites are governed by their own terms and conditions and privacy policies.
The Company may make improvements and changes to the Service at any time without notice. The Company may at its sole discretion terminate service without cause or notice.
You agree that the Company and any parents, subsidiaries, officers, employees, or third-party contractors cannot be held responsible for any third-party claim, demand, or damages, including reasonable attorneys' fees, arising out of your use of this Service.
General terms of payment
The Company reserves the right to discontinue service immediately if a fraudulent payment is detected, such as the use of a stolen credit card, and such cases may be further referred to the competent authorities.
By subscribing to the Service, you agree to become a subscriber for the period you have selected (such as 1 month or 1 year). All plans renew automatically at the completion of the billing term. The renewal term is by default for the same duration as the billing term for the original subscription.
If you fail to fulfill your obligation of payment as a user of a paid account, the Company may suspend your account or delete it after an extended period of default.
Money Back Guarantee
You may cancel your subscription with a full refund within 30 days of the date of the initial purchase. For the sake of clarity, the cancellation and the request for refund must both be addressed within the 30-day period. To request refund, please contact us using our support form.
Past the abovementioned 30-day period, the Service provided by the Company are generally non-refundable and any refund or credit given will be at the sole discretion of the Company. Refunds can only be requested once per user. The Company is only obligated to refund in the original currency of payment and to the original payment method. Payments made by cash or bank transfers are not refundable.
Paid Accounts which are terminated due to a violation of these Terms will incur the loss of all payments and credits and are not eligible for refund.
This refund option is only applicable to users who have subscribed to Proton VPN or Proton Unlimited directly through Proton's official channels (website and apps). If you have subscribed to Proton VPN or Proton Unlimited through the intermediary of a third-party, please refer to their respective refund policy.
If you rely on dispute or chargeback mechanisms of third-party payment processors, you waive your right to the above mentioned refund from the Company. Furthermore, if the result of the dispute or chargeback mechanisms causes the Company to be liable for an amount exceeding the price paid for the service (e.g. dispute fee), you authorize the Company to charge that amount on your account.
At its sole discretion, the Company may also provide the account holders with a prorated refund for service fees paid during the period the Service was not available or usable, upon the request of the account holder. The Company is only obligated to refund in the original currency of payment and to the original payment method, refunds will be processed within 14 days of the request.
Modifications to Terms of Service
Within the limits of applicable law, the Company reserves the right to review and change these Terms and Conditions at any time. You are responsible for regularly reviewing these Terms and Conditions. Continued use of the Service after such changes shall constitute your consent to such changes.
The Company reserves the right, at its absolute discretion, to modify the Service, for example by adding or removing certain functions of VPN servers or by updating the software.
The Company may, at its sole discretion, provide limited technical support, upgrades and updates for the Service. In order to enhance and further develop the Service, the Company may automatically download and install updates and upgrades from time to time. You, as a user, agree to receive such updates and upgrades as part of your use of the Service. The Company shall have no obligation to provide support or maintenance for the Services under this Agreement.
These Terms and Conditions shall be governed in all respects by the substantive laws of Switzerland. Any controversy, claim, or dispute arising out of or relating to the Terms and Conditions shall be subject to the jurisdiction of the competent courts of the Canton of Geneva, the jurisdiction of the Swiss Federal Court being expressly reserved.