These terms and conditions of sale (the “Terms”) apply for the VPN services provided by Privat Kommunikation Sverige AB, reg. no. 556895-1486 (the “PrivateVPN”). By accessing and/or registering on PrivateVPN's website, installing, and/or using Service (as defined below) you are agreeing to have read and understood, and agree to comply with and be legally bound by the Terms in their entirety. The Terms constitute a legally binding agreement (the “Agreement”) between you and PrivateVPN. If you are using the Service (as defined below) on behalf of a legal entity, you are agreeing to commit to these Terms on behalf of that legal entity.
The Terms govern your use of and access to our website, customer support, any interactive areas, software, applications and other service (the “Service”). These Terms also govern the use of and access to PrivateVPN’s content (the “Content”), which includes the PrivateVPN’s website (the “Site”), applications (the “Apps”), and any software provided by PrivateVPN (the “Software”).
Please read the Terms carefully as they contain important information about the Service as well as your and PrivateVPN’s respective obligations and rights. The Terms include a dispute resolution clause that governs how possible disputes will be resolved. If you do not agree with any part of the Terms, you may not use the Service.
By registering on PrivateVPN, you represent that you are at least eighteen (18) years of age or that you are a valid legal entity, and that the registration information that you have provided is accurate, current and complete and that your will promptly notify us if your information changes.
The Service provided by PrivateVPN is normally called VPN and it protects personal information with the use of encryption and masks user metadata by hiding your IP address and replacing it with one of ours. VPN stands for Virtual Private Network and is a way for you to remain anonymous on the Internet by using only secure computer connections. The security is due to the Internet traffic being encrypted in such a degree that only your computer and the computer communicating with you can interpret the data sent between computers. The traffic can still be bugged, but the person intercepting it will not be able to understand the collected information.
Your use of the Service is at your own risk.
PrivateVPN’s Service is available to you upon registration on the Site. By paying a fixed price in advance for your selected subscription plan, you agree to become a subscriber for the period you have elected.
A full list of subscription plans and pricing is available on the Site. PrivateVPN reserves the right to amend subscription fees or institute new fees at any time upon reasonable advance notice posted on the Site or sent via email. Any changes to the pricing will not affect your current subscription period and will become effective upon subscription renewal. Subscription purchases and refunds are handled via multiple third-party payment companies.
You can choose between the following subscription plans (as amended from time to time):
Subscriptions plans above (“Subscriptions”) renew automatically by default at the completion of the initial subscription term. By default, the renewal term is for the same duration as the billing term for the relevant Subscriptions, accordingly. The prices are determined on the Site, whereas the prices may vary when purchasing through the App Store or an official reseller. The subscription fee will be charged automatically to the payment method you last selected. If you would like to discontinue automatic renewal, you may sign in to the Site and turn off auto-renewal before the new subscription period begins. By default, auto-renewal is turned on when you use a payment method that supports auto-renewal (such as a credit card or Paypal), and turned off when you use a payment method that does not support auto-renewal (such as Bitcoin).
Each paid subscription grants you one (1) license to use on up to 6 different devices at any given time. If you want to use the Service on more than 6 devices at a time, then you can either (i) use PrivateVPN on your router, (ii) purchase additional subscription plans.
To access the Service, you must first create an account by providing your email address. You pay the price for the requested Service prior to downloading od the application. As soon as PrivateVPN has received confirmation that payment has been made, you will receive an email confirmation that the payment has been made. After you have received the email, you gain access to the App.
Payment must be made in advance and paid through Paypal, Stripe, or with Bitcoin, using one of the payment methods listed on the Site.
This Agreement takes effect when you pay the fee and gain access to the Service. The Agreement will expire at the end of the Agreement period that the customer paid for, subject to Section 4 (Subscription and pricing) above.
The Distance and Doorstep Sales Act (2005:59) provides that a purchaser of a service has the right to cancel the service in some cases. We offer a 30-day return when you buy our Service (“Refund”). This does not apply after you started using the Service and connected to the server we made available to you. When you connect, you agree to that the Service is expended and you can no longer claim a Refund.
Any change to the original purchase, such as upgrading to an extended billing term or purchasing of additional licenses under the same account, shall constitute a waiver of the Refund option. To request a Refund, send an email with your request to the following email address: email@example.com. You agree to provide PrivateVPN with reasons for requesting the Refund.
The Refund will be made without undue delay and in any case no later than 14 days from the day we were notified of your decision to withdraw from the Agreement. We will use the same means of payment for the Refund that you have used for the initial purchase, unless you have expressly agreed with us otherwise. In any case, the Refund will not cost you anything.
If your subscriptions are billed as an in-app purchase through the App Store/iTunes, you do not have access to the PrivateVPN 30-day money-back guarantee. Instead, you can request refunds through the App Store, which are issued solely at the discretion of Apple Support
This provision is not applicable on contractual amounts lower than SEK 400/ USD 45. In addition, this provision is not applicable for the renewal of the purchased Service (i.e. Subscriptions after their automatic renewals)
You agree not to use the Service with the intention of by improper means cause harm to other users, third parties or vendors and you are solely responsible for how you use the Service. Similarly, regardless on where you are accessing the Service from, you are responsible for ensuring that your use of the Service, Site, Apps, and Software is in accordance with the Terms, applicable Swedish law, and any other mandatory applicable laws, regulations, and policies.
If you violate your obligations under the above, PrivateVPN reserves the right to promptly terminate your account with no obligation for reimbursement.
You are responsible for maintaining the confidentiality of your PrivateVPN account’s username and password and for restricting access to your account. You may not share your password or other account access information with any other party, temporary or permanently, and you agree to accept responsibility for all activities that occur under your PrivateVPN account or password, whether or not authorized by you. If you ever discover or suspect that someone has accessed your account without your authorization, you agree to immediately notify us.
PrivateVPN aims to provide the best service possible to you. In that sense, we require that you do not misuse our Content or Service. A misuse refers to any use, access, or interference with the Content or Service contrary to the Terms or applicable laws and regulations.
In order to protect the Service from being misused or used to harm someone, PrivateVPN reserves the right to take appropriate measures when our Service is being used contrary to these Terms and applicable laws. You agree that PrivateVPN may terminate your account, without providing a refund for Service already paid, if you misuse the Service.
In using the Service, you agree not to:
You are disallowed to connect and use the Service if you are a minor, a competitor of our business, if you have been or are prohibited to access the Service, or if your account has been suspended or closed due to any reason.
PrivateVPN commits to use due diligence in the maintenance of the Service. Immediate troubleshooting will take place in the event of outages and other disruptions to the Service.
If you can not use the Service due to outage or other disruption, you are entitled to an extension of the current Agreement with a reasonable number of days determined by PrivateVPN. Compensation other than the one mentioned above can not be claimed by you.
Subject to your compliance with these Terms, PrivateVPN grants to you a non-exclusive, non-transferable, personal and limited license to download and use the Software. Modifying, distributing to unauthorized parties, reverse engineering, or otherwise using the Software in any way not expressly authorized by PrivateVPN is strictly prohibited. Usage of any material which is subject to PrivateVPN intellectual property rights is prohibited unless you have been provided with explicit written consent by PrivateVPN. Making unauthorized copies or distribution of Site content may result in the termination of your PrivateVPN account, prohibition on use of PrivateVPN Services, and further legal action.
Any right of cancellation under the Distance and Doorstep Sales Act (2005:59) will be honored.
PrivateVPN is also not liable for any harm or inconvenience to you caused by the outage or disruption in Service, whether due to a circumstance attributable to you, third party or PrivateVPN.
The Site and Service are provided on an “as-is” and “as-available” basis, and we do not warrant, either expressly or by implication, the accuracy of any materials or information provided through the Site or Service, or their suitability for any particular purpose, or their availability at all times. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, or non-infringement. We do not make any warranty that the Service will meet your requirements, or that it will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. You acknowledge that you access the Site and Services at your sole risk and discretion. We also reserve the right to modify the Service by updating the Software or making changes to certain features.
PrivateVPN does not bear any liability for any harm or other adverse consequences to you caused, directly or indirectly, through your use of Service. PrivateVPN, its owners, employees, agents and others that are involved with the Services are not in any way or form liable for any harm of any kind executed or intended, resulting from or arising through or from the use of any account registered with the Service.
VPN service coverage, speeds, server locations, and quality may vary. PrivateVPN will attempt to make the Service available at all times. However, the Service may be subject to unavailability for a variety of factors beyond our control, including but not limited to emergencies; third-party-service failures; or transmission, equipment, or network problems or limitations, interference, or signal strength; and may be interrupted, refused, limited, or curtailed. We are not responsible for data, messages, or pages lost, not delivered, delayed, or misdirected because of interruptions or performance issues with the Service, communications services, or networks. We may impose usage or Service limits, suspend Service, terminate VPN accounts, or block certain kinds of usage in our sole discretion to protect you, other subscibers, or the Service. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
PrivateVPN reserves the right to investigate matters we consider to be violations of these Terms. We may, but are not obligated to, in our sole discretion and without notice, remove, block, filter, or restrict by any means any materials or information that we consider to be actual or potential violations of the restrictions set forth in these Terms, and any other activities that may subject PrivateVPN or our customers to liability. PrivateVPN disclaims any and all liability for any failure on our part to prevent such materials or information from being transmitted over the Service and/or into your computing device.
PrivateVPN enforces a zero-tolerance SPAM policy regarding information transmitted through our network. PrivateVPN may determine in its sole discretion whether any transmissions are considered SPAM. SPAM includes, but is not limited to, the following:
1. Bulk unsolicited e-mail, promotional material, or other forms of solicitation sent via e-mail that advertise any IP address belonging to PrivateVPN or any URL (domain) that is hosted by PrivateVPN.
2. The use of web pages set up on ISPs that allow SPAM-ing (also known as "ghost sites") that directly or indirectly reference customers to domains or IP addresses hosted by PrivateVPN.
3. Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
4. If PrivateVPN determines that you have posted one or more articles of spam, we may cancel your account immediately and take steps to prevent you from using our network at any time thereafter.
PrivateVPN shall not be liable and shall not have responsibility of any kind to you or other individual for any loss or damage that you incur, amongst others, in the event of:
In no event will PrivateVPN, its partners, affiliates, subsidiaries, members, officers, or employees be liable for any direct, special, indirect, consequential, or incidental damages, or for any other loss or damages of any kind, even if they have been advised of the possibility thereof. The foregoing shall not apply to the extent prohibited by applicable mandatory law.
You agree to indemnify, defend, and hold harmless PrivateVPN, its officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses made by any third party, 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.
You agree to receive communications from PrivateVPN electronically, e.g., by email, application messages, etc. and consent that such notifications satisfy any legal requirement for communication in writing. You agree that PrivateVPN may communicate to you for the purpose of advising you of changes or additions to the Service, about any of our products or services, or for such other purposes that are reasonable or required by applicable law.
When communicating with our customer support representatives, you agree to be respectful and kind. If PrivateVPN feels that your behavior towards any of our customer support representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
You agree that if PrivateVPN terminates your account due to the reasons set forth in this section 14, you are not entitled to any refund for Service already paid.
PrivateVPN may update the Terms from time to time without notice. If you continue to use PrivateVPN’s Service after these changes take effect, then you agree to the revised Terms. The current version of the Terms is available on Site. You understand and agree that it is your obligation to review these Terms from time to time in order to stay informed on current rules and obligations. Notification on any core changes to the Terms will be provided to subscribers through an email message or updated on the Site. Your use of the Service following the changes to these Terms constitutes your acceptance of the changed Terms.
These Terms, along with any rules, guidelines, or policies published on the PrivateVPN homepage constitute the entire Agreement between PrivateVPN and you with respect to your use of our Site or Services. If there is any conflict between the Terms and any other rules or instructions posted on the Site or Services, the Terms shall prevail.
If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect
The Terms shall be construed in accordance with and governed by the substantive laws of Sweden. Any dispute, controversy, or claim arising out of or in connection with the Terms shall be handled by the National Board for Consumer Disputes (ARN) or the Swedish courts, with the city of Attunda ‘s District Court as the court of first instance.