VPN MAX Terms of Service

These Terms of Service (these Terms of Service) together with the Privacy Policy (the Privacy Policy) regulate the use of, and access to, various services offered by Digital Max LLP (VPN MAX, we, us, or our), as well as the use of, and access to, our website (the Website), our mobile and web applications (the Apps), our content (the Content), and our software (the Software) related to our services (together, the Services). By agreeing to these Terms of Service, you are also agreeing to the Privacy Policy. These Terms of Service and the Privacy Policy together form a single legally binding and valid Agreement between you and VPN MAX.

1. Acceptance

By using and/or accessing the Services, you undertake to observe and fulfill these Terms of Service and the Privacy Policy in full on your behalf or on behalf of your representatives (you), including by serving as a defendant in any legal cases arising out of your use of the Services. If you accept these Terms of Service on behalf of your employer or another entity, you represent and warrant as follows:
(a) you have the full legal authority to bind your employer or such another entity to the Agreement,
(b) you have read and understood the Agreement, and
(c) you agree to the provisions of the Agreement, and acknowledge those, on behalf of the party you represent.
By creating an account to use our Services, you guarantee that you have reached the age of at least 18, or another age that is deemed the age of majority in the jurisdiction of your residence or use of the Services, or that you are a valid legal entity, and that you have provided the accurate and complete registration information. Certain sections hereof or of the Privacy Policy may not be applicable to your specific use of the Services. If you do not consent to any part of this Agreement that applies to you, you may not have access to the Services. For the avoidance of doubt, the Agreement regulates your access to, and use of, our Services through any methods or channels, including the operation of any routers or other products offered by VPN MAX (the Hardware).

2. Amendments

VPN MAX reserves the right to amend these Terms of Service from time to time without notifying the users. Unless otherwise expressly stated by us, each update hereof comes into force when we publish the updated version on the Website. Your continued use of the Services after the amendments come into force serves as your consent to the amendments. The Website contains the valid version of the Terms of Service. It is your responsibility to check the current version from time to time to see if there have been any amendments. We notify the Subscribers of any material changes to the Terms of Service via email to the addresses you specify and/or by publishing the notice on our Website and/or on your Account.

3. Privacy Policy

VPN MAX undertakes to protect your information and does not collect or store browsing logs, traffic destination and content, DNS queries, or identifying IP addresses with relation to the Services. When signing up, you provide us with certain personal information (email address and payment details). We collect the absolute minimal data required to provide the Services. You may learn more about our collection and storage of data, as well as your and our respective rights and obligations, from our Privacy Policy.

4. Subscription

You will gain access to our Services after you install the app or register an account (the Account) on the Website. By subscribing to the Services or using the app, you become a subscriber (the Subscriber) for the selected period. The Website contains the detailed information regarding the subscription plans and pricing. VPN MAX reserves the right to change the subscription plans and introduce new pricing categories at any moment upon an advance notice. Such a notice is served by being published on the Website, in the apps, on your Account, or by being sent via email. Pricing changes have no effect on the subscription that is currently active and come into force only upon subscription renewal. All the purchases and refunds are carried out via third-party payment platforms. See the Privacy Policy for more details on such third parties and their processing of your data.
Depending on the payment method you select, subscription plans may provide the automatic renewal option. By default, the subscription is renewed for the same period as the initially purchased one. You will be billed automatically subject to your latest payment method. You may disable the automatic renewal in your Account or by emailing us at admin@vpnmax.org. By default, automatic renewal is turned on if your payment method allows that (e.g., a credit card or PayPal), and it is turned off if your payment method does not allow that (e.g., Bitcoin).
Each paid subscription grants you one (1) license to use our VPN Services on up to six (6) devices simultaneously. You may use our Services on more than six (6) devices as follows:
(a) by using VPN MAX for your router,
(b) by purchasing additional subscriptions,
(c) by purchasing additional licenses via the licensing scope option.
You may learn more about the licensing scope option by contacting us at admin@vpnmax.org.
You acknowledge your responsibility to maintain confidentiality and safety of your Account information. You are solely responsible for all actions performed using your Account. If you suspect that your Account has been accessed without your permission, or that your passwords have been compromised, we recommend you inform us immediately so that we can react accordingly.

5. Refund Policy

If you terminate your Account for any reason within the first thirty (30) calendar days after you make your purchase, we will return your funds in full (the Money Back Guarantee). After the first thirty (30) calendar days the refunds are provided at VPN MAX discretion if you are able to prove the Services being unavailable during the subscription term and that you have made sufficient attempts to contact us to rectify the situation. In such a case, VPN MAX may refund the Subscriber in proportion to the time the Services have been unavailable. Refund requests are usually handled within seven (7) days. Refunds are provided in view of the initially selected payment method. All refunds are carried out in USD. Thus, the refund amount may vary from the initial payment made in a local currency or Bitcoin (e.g., due to exchange rates or conversion fees applicable to your payment method). Changes made to the initial purchase (e.g., subscription renewal or purchase of additional licenses for the same Account) shall be deemed a waiver of the Money Back Guarantee. You may request a refund under the Money Back Guarantee by emailing us at admin@vpnmax.org. If you pay for your purchase via Apple App Store (iTunes), the 30-day Money Back Guarantee is not available to you. You may request a refund via Apple App Store. In such a case the refunds are handled at the sole discretion of Apple Support.

6. Acceptable Use Policy

We provide our Services all over the world. You undertake to assess whether or not your use of the Services is in line with the applicable laws. If the use of, access to, or subscription to, our Services in your country violates our Export Control Policy, you will not be given access to our Services. Whenever you use the Services, you undertake to observe these Terms of Service and all the applicable laws, regulations, and policies. VPN MAX intends to provide our users with the best service possible, which is why we request that you use our Content and Services as permitted. It is not permitted to use, access, or change the Content or Services in violation of these Terms of Service or any applicable laws. We reserve the right to take appropriate action if we discover cases of violation of these Terms of Service or the applicable laws so as to defend ourselves from misuse of our Services. You acknowledge VPN MAX’s right to restrict access to any Services, terminate your Account, and take legal action provided by law without compensating you for the Services, if we, at our sole discretion, decide that you have misused the Services. Your obligations when using the Services are as follows:
1) You undertake not to send or transmit unsolicited advertisements or content (i.e., spam) using the Services.
2) You undertake not to send or transmit any illegal, threatening, insulting, misleading, or slandering content, as well as content that breaches the intellectual property rights of VPN MAX or the third parties, violates privacy rights, or promotes hatred, violence, or criminal actions, using the Services.
3) You undertake not to upload, download, publish, reproduce, or disseminate any copyright-protected content or any content protected by any other proprietary right without the owners’ consent.
4) You undertake not to upload, download, publish, reproduce, or disseminate any content involving sexual or explicit depictions of minors, or content that is similarly restricted in your country.
5) You undertake not to act in any way that would limit or prevent the use of the Services by the other Subscribers.
6) You undertake not to attempt any access using, or to connect, unauthorized devices to the Services without proper authorization (i.e., any form of “hacking”).
7) You undertake not to make, use, or disseminate any lists of IP addresses that VPN MAX uses with relation to the Services.
8) You undertake not to use the Services for illegal purposes.

7. License

Upon your consent hereto VPN MAX grants to you a worldwide, non-exclusive, non-sublicensable, and limited license to download and use the Services. The license may be revoked at any moment. It is strictly prohibited to modify, transfer to third parties, reverse engineer, or otherwise use the Services in any way not expressly permitted by VPN MAX herein. It is prohibited to use anything covered by VPN MAX’s copyright without VPN MAX’s express written permission. Nothing contained herein and related to the Services shall mean provision of any license or a right with regard to the objects of VPN MAX’s intellectual property rights, including by implication or otherwise.

8. Content, Language and Translation, and Social Interactions

Our Content is originally created in English. The Content is translated to any other language if and when the relevant resources are available. We do not guarantee the accuracy of such translations. We publish information regarding our Services on our Website, social media, forums, blogs, and other digital channels from time to time. Sometimes, the Subscribers and third parties may be able to comment on such messages and communicate with each other. You are solely responsible and liable for all information, content, opinions, or materials you publish in such cases. VPN MAX is not obligated to check such discussions, but may do so at our discretion, and may delete any published content. VPN MAX disclaims any liability, as permitted by the applicable laws, for the information, content, opinions, or materials published by its Subscribers and third parties.

9. Third-Party Websites

VPN MAX may offer you third-party content or publish links leading to external websites. VPN MAX is not responsible for the availability of any third-party content because it does not control its owners or their terms of use and policies. Your visits to any third-party websites, or use of any third-party content or services via our Services does not create any relationship between us and the owners of such websites, content, or services.

10. Partner Services

VPN MAX may from time to time provide access to, or otherwise promote, partner services, apps, or websites (the Partner Services) in addition to the Services. The Partner Services are not integrated or implemented into the Services. Your use of the Partner Services is governed by the respective partner terms and regulations. Under no circumstances does VPN MAX transfer your personal information to any Partner Services providers. VPN MAX is not responsible or liable for the operation, functions, or content within the Partner Services, as well as for any transactions between you and the Partner Services providers. VPN MAX does not guarantee the Services are compatible with the Partner Services. You bear all the risks related to the use of Partner Services. Any problems and discrepancies arising out of your use of the Partner Services shall be resolved with the Partner Services providers.

11. Disclaimer

We work towards uninterrupted availability of the Website or the Services; however, we provide those “as is”. We do not guarantee (expressly or implicitly) the accuracy and validity of any information provided via the Website or the Services, or their suitability for any particular purpose. Subject to the applicable laws, we do not provide any guarantees, including a guarantee of merchantability or fitness for a particular purpose, or a guarantee non-infringement. We do not guarantee our Services’ compliance with your requirements and uninterrupted, timely, secure, or error-free provision of our Services, nor do we guarantee correction of the defects, if detected. You acknowledge that you bear all the risks related to the use of the Website and/or the Services. The speed, availability, and quality of the VPN Services, as well as the availability of specific servers, may vary. VPN MAX works toward continuous availability of the Services. However, the Services may be unavailable due to various reasons outside of our control, including, but not limited to, emergencies, external failures, crashes, or technical limitations related to transmission channels, equipment, or network, as well as signal disruptions or weakness. We are not responsible or liable for the loss of data, messages, or pages, any issues with their transmission, delays, or misdirection due to failures or disruptions related to the Services, communications channels, or networks. We may restrict or suspend provision of the Services, terminate Accounts, or block certain usage at our sole discretion so as to protect our Subscribers or the Services. We do not guarantee the accuracy or timeliness of the receipt of the data. VPN MAX reserves the right to investigate all possible cases of breach hereof. We may at our sole discretion and without notice delete, block, filter, or otherwise limit any information and content, if we believe such information or content is in breach of these Terms of Service. We may likewise delete, block, filter, or otherwise limit any activity that may create legal liability for VPN MAX or our clients. We may terminate your Account and take any legal action available to us in accordance with the applicable laws. VPN MAX is not liable for your actions and the materials you publish using the Services.

12. Limitations of Liability

To the maximum extent permitted by the applicable laws, VPN MAX shall not be liable and shall not have responsibility of any kind to any Subscriber or another person for any loss or damage incurred as a result of:
- failures or interruptions of the Services,
- acts or omissions of any third party related to the provision of the Services or to the data contained therein,
- your use or inability to use the Website or the Services in any way,
- your interaction with the other users via the Services or on forums provided by VPN MAX,
- your breach of the Agreement,
- the cost of procurement of substitute goods or services,
- any unauthorized access or change to your messages and data regardless of VPN MAX or third-party providers being able to control the situation.
As far as allowed by the applicable laws, VPN MAX, its partners, affiliates, subsidiaries, members, officers, and employees shall not be liable for any direct, special, indirect, consequential, or incidental damages and any other losses incurred by the users.

13. Indemnification

You indemnify VPN MAX, its officers, directors, employees, members, partners, agents, and suppliers, as well as their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, and hold them harmless with respect to any and all complaints, claims, and expenses, including legal expenses, arising out of your use of the Services, including, but not limited to, your breach of the Agreement. We may choose legal remedies at our sole discretion, provided that you will compensate our expenses with relation thereto.

14. Chargebacks

We reserve the right to suspend provision of the Services immediately without prior notice in the event of a Chargeback. A Chargeback constitutes your application to the bank to cancel or object against any payment related to your use of the Services. Chargebacks are deemed a breach of your payment obligations hereunder. We also reserve the right (although we undertake no obligation) to dispute any Chargeback for your Account. We may delete your Account and limit your further access to the Services if we, at our sole discretion, determine that your Chargeback is illicit in its nature.

15. Choice of Law

This Agreement shall be governed by, and construed in accordance with, the laws of Kazakhstan, except for the conflicts of law principles.

16. Dispute Resolution

By accepting these Terms of Service and/or using the Services you irrevocably agree that all disputes and discrepancies arising out of this Agreement or the use of the Services shall be subject to final resolution at the courts of Almaty, Kazakhstan, having due jurisdiction.

17. Assignment

If VPN MAX is acquired by, or merged with, any third party, VPN MAX is entitled to assign this Agreement including its rights and obligations hereunder to the new legal entity without notifying you. Such a new legal entity shall be bound by the Agreement, as well as the rights and obligations hereunder. The rights and obligations of the parties under the Agreement shall be binding upon, and inure to the benefit of, the successors and permitted assigns of the parties. Any assignment not in accordance with the Agreement shall be null and void.

18. Final Provisions

Invalidity or unenforceability of any provision of the Agreement shall not affect in any way the validity and enforceability of the remaining provisions of the Agreement. The invalid or unenforceable provision shall be changed in accordance with the applicable laws so as to reflect the initial intent in a legal manner. If a party to the Agreement fails to exercise or enforce any right under the Agreement or any provision of the Agreement, this shall not constitute a waiver of such a right or provision in future.