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1. Introduction
These Terms of Use (“Terms”) and our Privacy Policy, incorporated herein by reference, constitute a legally binding agreement between you ("user" or "you") and us GNUAPP UNIPESSOAL LDA. ("we", "us", “GnuVPN” or "our") and govern your use of this website (“website”) and your use of the following products (collectively "Products"): (1) GnuVPN browser extension (“Extension”); (2) GnuVPN Desktop software for Windows and Mac (“Software”); and (3) GnuVPN mobile applications (“App”). The website and Products including with any revisions, improvements, new releases therein, shall be referred as the "Service(s)". Please read these Terms of Use carefully before downloading or using our Services and any feature provided therein. By clicking the "Download" or “Add to Chrome” (or similar button), installing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
2. Amendments
We may amend these Terms from time to time, at our sole discretion and without any notice. We will make a reasonable effort, at our sole discretion, to provide you with a notification regarding what we believe are material changes to these Terms. Such material changes will take effect seven (7) days after the notice is provided. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Services following the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.
3. Eligibility and Age Limitation
You hereby warrant that you are eligible to enter into these Terms, and you are not prohibited by any legal authority, judicial order, or law from entering into any agreement; you have all proper authorization, if you are acting on behalf of a corporation, to enter into these Terms. You further represent and warrant that you are of legal competence of legal competence to enter into these Terms, and you are at least eighteen (18) years old. We reserve the right to request proof of age at any stage, so that we can verify that children, as defined under applicable law, are not using the Services. If you are under 18, please be sure to read these Terms with your parents or legal guardians and ask questions about things you do not understand.
4. Scope of Services
the Services provide unique features that enable you to easily use a VPN service directly from your browser or device, as well as alerts when you browse a website which might not be safe. Subject to your acceptance of these Terms, you may choose to use our Services by installing one or more of the Products. GnuVPN reserves the right, at any time and from time to time, at our sole discretion, to add Services, to modify, suspend, terminate or discontinue any or all the Services, or any part thereof or any user's access to them. Where we believe that such change may materially affect an existing Service, we will provide you with a prior written notice and you may be able to terminate the Service in accordance with section 8.3 below.
5. License Grant and Intellectual Property
Subject to your compliance with the Terms, we hereby grant you a personal, limited, revocable, non-transferable, non-sub-licensable, and non-exclusive right to use, access, download, and install the most current generally available version of our Product (including all updates thereto) and use the Services solely in connection with your lawful, personal and non-commercial use (“License”). Your license herein is limited, and you may not permit others to use, copy, or evaluate copies, and the License granted herein shall not be copied, shared, distributed, resold, offered for resale, transferred, or sublicensed in whole or in part. You acknowledge that all right and interest of our trademarks, service marks, components, code, protocols, software and documentation as well as any derivatives thereof or improvements and modifications, evidenced by or embodied in or attached, connected, related to the Services, are our property or the property of our users', and are protected by international copyright, trademarks, patents and other proprietary rights and laws relating to trade secrets recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not use, delete, alter, or remove any copyright, trademark, or other proprietary rights notice placed in the Services. Except as expressly granted herein, we retain all right, title and interest in and to our Services, as well as any content provided or made available in connection with the Services (excluding Third Party Services). We reserve the right to disable access to the Services by anyone who uses them for infringing intellectual property rights.
6. Free and Paid Services
Certain Services are provided to you free-of-charge ("Free Services”) where other Services require a payment (“Paid Services”). Free Services are optional. Please check available Free Services before taking action.
7. Payment, Registration
In order to use the Paid Services you will be required to register through the website and to open an account (“Account”), by providing certain details including your payment details. You hereby confirm that the details provided therein are true and accurate. Any identifiable information retrieved by us through and following the registration process will be kept by us in accordance with our Privacy Policy. We reserve the right to deny or refuse any registration form or to cancel any existing account. Once you have opened an account, you will be required to select a subscription package, as displayed on the website (“Subscription package”). Please note that the subscription is assigned per user's account, and only one subscription package could be assigned to the account.
8. Payment, Cancellation and refund

8.1. Free Trial;

Free Trial Account might be entitled to receive a free trial of the Paid Services (“Free Trial”). The Free Trial specified when you sign up and open an account or take another action, and is intended as a way to allow users to try the Paid Services. Please note that :

  • Free Trial is optional. Please check available Free Trial option before you take action.
  • One Account can get Free Trial period once, regardless of the number of Paid Services packages you have purchased or subscribed to.
  • Optionally, when you sign up for a Free Trial, we'll require you to provide your payment details to start the Free Trial.
  • By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Free Trial on a recurring periodic basis in accordance with the Subscription Period you have selected during the subscription process.
  • If you do not want this charge, you must cancel your paid subscription before the end of the free trial, as detailed in section ‎ ‎8.3.
  • In the event that you wish to use the Paid Services again, you should subscribe again. In this case, the price of the Paid Subscription will apply.
  • 8.2. Billing;

    Paid Services are provided on a periodic subscription basis (“Subscription”) and are billed in advance on a recurring periodic basis, which may be set either on a monthly, semi-annual, annual, three-year basis, or some other recurring interval disclosed to you prior to your purchase ("Subscription Period"). The Subscriptions are automatically charged, at the commencement of each Subscription Period, unless such Subscriptions were terminated or canceled by you, as detailed in section 8.3, or by us, as detailed in section 8.3, or as otherwise described in these Terms. We may change the price for the Subscriptions, from time to time and will communicate any price changes to you in advance, and if applicable, how to accept those changes. Price changes will take effect at the start of the next Subscription Period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Subscription before the price change goes into effect.

    8.3. Renewal, Cancellation;

    Your Subscription's payment will automatically renew at the end of the applicable Subscription Period, unless you cancel your Subscription before the end of the then-current Subscription Period, as detailed in this section. In order to cancel a subscription, you are required to: (1) log in to your account on the Website; (2) open the “Subscription Plan” menu; (3) press “Stop auto renewal” button; and (4) choose cancellation reason and confirm cancellation. The cancellation will take effect the day after the last day of the current Subscription Period, and you will be downgraded to the Free Service. We do not provide refunds or credits for any partial subscription periods. In addition, Subscription can be cancelled automatically if the user cannot be automatically charged at the beginning of the next Subscription Period or after up to three unsuccessful attempts to charge the user. GnuVPN reserves the right, in GnuVPN’s sole discretion, to cancel unconfirmed or inactive accounts. In order to terminate the Free Services use, the user is required to uninstall the applicable Product from its browser, desktop or mobile (as applicable).

    8.4. Refund;

    You may change your mind and receive a full refund according to the following conditions: Purchasing a 1-month tariff, you have 3 days to request a refund, for 6 months subscription you have 7 days to request a refund, for 12 months duration and more subscription you have 14 days to request a refund and for subscription with duration less than 1 month you have 1 hour only to request a refund (the “Refund” and the "Refund Period"). Please note, that you can only get the refund during the refund period, if you cancel the Paid Services after such period, you will not be eligible to receive a refund. Further, you can only get one refund. If you purchase any of our Paid Services again after that, you will not be granted with a refund for any further cancellation. Once the refund is issued to you, your Paid Services shall be automatically terminated, and you will be downgraded to the Free Service. Refunds will be paid using the same payment method used for the purchase unless otherwise mutually agreed upon, or unless applicable law prohibits us or the payment service providers we rely on from processing refunds. For payments made in cryptocurrencies, refunds will be made in the same cryptocurrency or in a different cryptocurrency if the one used for the purchase becomes unavailable or inappropriate for use. The amount to be refunded in crypto will be calculated based on the USD equivalent of the price paid at the time of purchase, including the deduction of commission. Payments made using prepaid cards or gift cards will not be refunded unless such a refund is supported by the card provider. Paid Services that were purchased via Google Play or App Store are subject to Google Play or App Store refund policies. Thus, if you purchased the Paid Services via Google Play or App Store, we cannot grant you refunds, and our refund obligation under this section shall not apply.

    8.5. Payment Provider;

    We use various payment providers through which all your payments will be processed. This company is a registered seller and will provide you with customer service regarding your payments, including refund requests. Please note that your relationship with payment services is governed by their Terms. You hereby acknowledge and agree that we are not responsible for any external charges, errors and delays of our payment system. Please note, that the Services that were purchased through Google Play Store or Apple App Store are limited with usage on corresponding platforms and cannot be used on desktop and browser platforms. Further, the payment is subject to the Store’s payment terms and GnuVPN does not take responsibility or liability in this regard.

    8.6. Tax;

    GnuVPN is not liable for any taxes (including net income taxes, gross receipts taxes, or franchise taxes) of the customer that the customer is legally obligated to pay, which are incurred or arise in connection with or relate to the sale of goods and services under this agreement. All of the foregoing taxes will be the financial responsibility of the company. Provided that the customer will pay to the company any sales tax, use, or value-added taxes that are owed by the customer solely as a result of entering into this Agreement and which are required to be collected from the customer by GnuVPN under applicable law. The company will not collect taxes covered by a valid exemption certificate provided by the customer to the company. The customer will secure and deliver to the company an official receipt for any taxes withheld. The customer will use reasonable efforts to minimize those taxes to the extent permissible under applicable law.

    9. Representations, Warranties and Restrictions of Use
    You hereby represent and warrant that you are either the owner or an authorized user of the device in which the Products are used or installed and that you will use the Services in full compliance with all applicable laws, rules, and regulations and these Terms. Except as expressly provided under these Terms, you may not, nor enable anyone else to, directly or indirectly: (i) copy, modify, decompile, disassemble, create any derivative works or reverse engineer the Services or any portion thereof including any source code therein; (ii) circumvent, disable or otherwise interfere with security-related features of the Services, or interfere with others’ use of the Services; (iii) use any automated devices, such as spiders, robots or data mining techniques, to catalog, download, store, reproduce, or distribute content available in the Services, or to manipulate the Services in any manner; (iv) remove, deface, obscure, or alter any copyrights, trademarks, or other proprietary rights; (v) use our name, logo or trademarks without our prior written consent; or (vi) use the Services for any fraudulent, illegal or inappropriate purpose, including, without limitation, infringement or misappropriation of any intellectual property rights or rights of privacy of any third party or breach of these Terms. Access to GnuVPN services may take place all over the world, so it is your responsibility to evaluate whether your use of the Site, Applications, Software, or Services complies with local laws and regulations. You should not use GnuVPN services if you are located in any country where using, accessing, or subscribing to the Site, Applications, Software, or Services violates local laws. When using the Site, Applications, Software or Services, you must comply with these Terms and applicable laws, rules, and regulations. You should be aware that you are responsible for maintaining the confidentiality of access to your GnuVPN account. You are responsible for all activity under your account. If you discover or suspect that someone has accessed your account without your permission, we recommend that you notify us immediately so that we can cancel your credentials and issue new ones. GnuVPN is committed to providing high standards of service to all of our subscribers. In turn, we require that you do not misuse our Content or Services. Misuse means any use of, access to, or interference with our Content or Services in violation of the Rules or applicable laws and regulations. In order to protect the Services from misuse or misuse for the purpose of harming someone else, when receiving signals from automated network attack warning and prevention systems, and if our Services are used in violation of these Rules and applicable laws, or when receiving complaints from third parties, GnuVPN reserves the right to take appropriate action. Upon receipt of the Services, you agree that GnuVPN, if you misuse the Services, may terminate your account or take any other action required by law without refunding you for the Services already paid for.
  • By using our Services, you undertake not to: send or transmit unsolicited advertising, phishing emails or content (i.e., "spam") through the Service;
  • send, post or transmit through the Service any content that is illegal, hateful, threatening, abusive or defamatory; that violates intellectual property rights; that invades privacy; or that incites violence;
  • upload, download, post, reproduce or distribute any content protected by copyright or any other proprietary right without first obtaining permission from the owner of such content;
  • upload, download, post, reproduce and distribute any content that contains sexual or explicit images of minors;- engage in any activity that restricts or inhibits any other Subscriber from using the Service;
  • attempt to access, scan, brute-force passwords, exploit software vulnerabilities, perform a DoS attack, or connect to computing devices without authorization (i.e. any form of "hacking");
  • attempt to compile, use or distribute a list of IP addresses used by GnuVPN in connection with the Service;
  • use the Service for anything other than legitimate purposes.
  • 10. Updates and Changes to Our Services
    We may, at any time and at our sole discretion, change, modify, add or remove features and functionality of our Services without notice. When our Extension is installed on your computer, it periodically communicates with our servers to request automatic updates when we release a new version of such product or when we make new features available. You hereby agree that we may automatically download and install updates, from time to time without prior notification. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates as part of your use of the Services. If we believe that such updates or upgrades materially affect your use of the Services or your rights, we will make a reasonable effort to provide notification to you of such. Updates for Chrome releases are handled by the Google Web Store website and are subject to the Google Privacy Policy. Updates for Firefox releases are done automatically via the Firefox website and are subject to the Firefox Privacy Notice and the Mozilla Privacy Policy. In addition, we reserve the right to discontinue some or all of the features of our Services at any time at our sole discretion (including the provision of any updates, upgrades, or fixes). We are under no obligation to provide you with any features, functionality, upgrades, or bug fixes. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of our Services, or any portion thereof. If you are dissatisfied with the Services, your sole option is to discontinue or terminate your use of the Services.
    11. Disclaimer of Warranty
    We expressly disclaim all warranties of any kind regarding the services, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. The services are provided “as-is” and “as-available”. Your use of and reliance on the services or any information or feature provided therein are at your own risk. We will not be responsible for any damages that occur as a result of your use of the services. We make no warranty that the services will be available on a continuous basis, secured, free of viruses, worms, other harmful components, or program limitations. We make no warranty that any content and information available through the services are true, reliable, or accurate. We make no warranty that we will correct any errors, defects or omissions. We do not, either expressly or impliedly, assume any responsibility for any loss, injury, or damages incurred as a result or in connection with your use of the services (including, without limitation, any loss of data or other damage to the device).
    12. Limitation of Liability
    You expressly acknowledge and agree that in no event shall we (including, without limitation, our affiliates and their respective officers, directors, employees and agents, vendors, distributors, third party licensors, or equipment and service providers) be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages, including but not limited to, damages for lost profits, lost business or lost opportunity, goodwill, or other intangible losses (even if we have been advised of the possibility of such damages) or other relief arising out of, or related to, these terms or your use or inability to use the services. Our liability shall not exceed the cost of the services. Some states or jurisdictions do not allow the exclusion or limitation of liability for damages; in such states or jurisdictions, our liability shall be limited to the extent permitted by law.
    13. Indemnification
    You hereby expressly agree to indemnify, defend, and hold us (including our affiliates, subsidiaries, successors, contractors, employees, directors, agents, suppliers, licensors, service providers and partners) harmless from any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney fees) arising from: (i) your use of any of our Services; (ii) your violation and/or breach of any term of these Terms; and (iii) any damage of any sort, whether direct, indirect, special, or consequential, that you may cause to any third party relating to your use of the Services (including your violation of any third party rights).
    14. Term and Termination
    In addition to GnuVPN termination rights under sections 4 above or elsewhere in the Terms, GnuVPN has the right to terminate or restrict your use of the Service with immediate effect if GnuVPN has reasons to suspect that you (or anyone whom you have allowed access to the Service) has violated these Terms, GnuVPN’s policies, or any applicable laws, rules, and regulations. This shall also apply if you are otherwise using the Service in a fraudulent way or in a way that may cause damage to GnuVPN or any third party. You may terminate your use of the Services at any time and for any reason (and in the event that you use the Paid Services, subject to the cancellation of your Subscription under section 8.3 above) by removing the relevant product from your computer, mobile or browser and ceasing your use of the Services. To uninstall the Extension, please use your standard uninstall processes available through your browser’s settings and remove the extension. Any termination may result in the destruction of all information and data associated with your use of the Services. Upon termination, all licenses and other rights granted to you under these Terms will immediately cease. We are not liable to you or any third party for termination of the Services or termination of your use of the Services. The provisions of these Terms, which by their nature should survive any such action on our part, shall survive.
    15. Privacy Policy
    Our practices concerning the collection, use, and disclosure of your information are addressed in our Privacy Policy, which is incorporated herein by reference. We encourage you to periodically review our Privacy Policy.
    16. Dispute Resolution
    These Terms are governed by EU regulations without regard to their conflict of laws principles and shall be brought exclusively before the courts of the EU regulations.
    17. Miscellaneous
    These Terms constitute the entire understanding between the parties with respect to the use of the Services. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances or of the remaining provisions hereof under all circumstances. Our failure to enforce any rights or to act against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without our prior written consent. We may assign our rights under these Terms to any third party at our sole discretion. If you have any questions, please contact us via e-mail: privacy@gnuvpn.com

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