FireVPN Terms of Service

The present deed is an agreement between a living person named “User” of the service and ‘AppSmartz’ as mentioned in the Privacy Policy. These Terms of Service (“Terms”) govern your use of and access to our website (“Website”), applications (“Apps”), and other services (collectively, the “Services”).

Using the services, the user hereby acknowledges that he/she has read, understood and agrees to be bound by the Agreement. This agreement is a legal agreement between the user and AppSmartz and all the terms stated hereunder apply to the user.

FireVPN by AppSmartz provides virtual private networking (“VPN”)/ private internet services, wifi security, and anonymous internet protocol (“IP”) addresses to its users. You acknowledge and agree that AppSmartz will not be held liable for any and all liability arising from your use of its service.

User affirms that they are either more than eighteen(18) years of age or an emancipated minor, or possess legal parental or guardian consent,and are fully able and competent or enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and to abide by and comply with these Terms and Conditions contained herein.

Individuals under the age of 18, or the applicable age of majority as per the law of the country of the user may avail the service of FireVPN only under the supervision and guardianship of a parent or legal guardian.

All users of FireVPN Services are obliged to ensure that they are familiar with the most current wording of the Terms. The change of the Terms may be communicated to you by publishing the updated Terms on the FireVPN website, where the date of the most current wording of the Terms is indicated at the top of the web page. Since you agree to be bound by these Terms each time you use the FireVPN services, please consider reviewing the terms each time when you use the FireVPN services. Each update of the terms comes into force as of the moment when it is published on this web page. You understand and agree that any continued use and access to the FireVPN Services after any updates to these terms are published, means that you voluntarily agree to be bound by the updated Terms.

We do not log any user activity (sites visited, DNS lookups, emails, etc.) We only log access attempts to our servers (for security and troubleshooting). We do not get involved in any form of censorship. We do not give your personal info to any third parties. We do not cooperate with any requests for information unless we are ordered by a court of competent jurisdiction and the vast majority of these requests would not be from a court of competent jurisdiction. There are hundreds of good reasons for being anonymous and we respect them fully.

For information about how we process information about you and your use of our Services, please see ourPrivacy Policy.

Also, we may use the services provided by other third parties, from time to time, including computer software supplied by third parties, which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. We expressly disclaim any warranty or other assurance to you regarding such third-party’s services or third party Intellectual Property Rights (IPRs).

The Services, including, but not limited to, our Apps and Website, are owned and copyrighted by AppSmartz and protected worldwide. We retain all rights, title, and interest in and to the Services and any portion thereof, including, without limitation, all copyrights, trademarks, service marks, patents, trade secrets and other intellectual property rights. You shall not take any action to jeopardize, limit or interfere in any manner with our ownership of and rights with respect to the Services. All rights are reserved unless otherwise noted.

By accessing and using this website and by using the Services, you accept and acknowledge that the Services, including the appearance, content, selection, assembly and functionality and any other parts or specifics of our Website and the Apps, is the ownership of AppSmartz (despite whether the specific content is individually protected by copyright), and you are forbidden from registration, adoption or any other use of trade names, symbols or signs that are either identical or confusingly similar to any trademarks owned by AppSmartz.

While purchasing a premium service, FireVPN does not ask the user to share/give any type of account details User may purchase the premium service through the App or other channels of FireVPN. While purchasing the premium services through iOS or Android Apps, the payments will only be processed by Apple or Google, as applicable. FireVPN accepts various forms of payment, as specified during sign-up. Tax/es, if any, will be levied on the premium services from the user. The premium will be charged in the currency of the country of the user OR as convenient to Apple or Google. From time to time, FireVPN in its sole discretion may offer a reduced rate or offers on various packs. The length of any offer may vary. FireVPN may also withdraw or modify any Pack at any time without prior notice and with no liability, to the greatest extent permitted under the law. FireVPN may re-launch the premium service/s for the cost more than being paid earlier, but the existing users having premium services will not be charged more than they are paying. Subscriptions will be renewed automatically on completion of the earlier billing cycle. No subscription is allowed to cancel or refund, once paid. However, the premium services may be canceled any time in the month and the same will be effective only from the first day of the next billing cycle. On failure to pay the renewal subscription fee, premium services will be deactivated with immediate effect.

We do not condone any unlawful use of the Services. Our Services shall not be used for any criminal, illicit and illegal acts, and you accept and agree not to violate any law of any jurisdiction that you are originating from and any other applicable law. It is your responsibility to know and comprehend any and all relevant laws related to any jurisdiction or venue that concerns you, your actions and your use of Services. We reserve the right to limit, in our sole discretion, the availability of the Services or any portion thereof, to any person, entity, geographic area, or jurisdiction, at any time.

In order to protect the Services from being misused or used to harm someone, we reserves the right to take appropriate measures when our Services are being used contrary to these Terms and applicable laws. You agree that we may terminate your account or take any other legal measure provided by law, without providing a refund for Services already paid, if you misuse the Service.

You agree, you shall not:

  • Send or transmit unsolicited advertisements or content (i.e., "spam") over the Services.
  • Send, post, or transmit over the Services any content which is illegal, hateful, threatening, insulting, or defamatory; infringes on intellectual property rights; invades privacy; or incites violence.
  • Upload, download, post, reproduce or distribute any content protected by copyright or any other proprietary right without first having obtained permission from the owner of the proprietary content.
  • Upload, download, post, reproduce or distribute any content that includes sexual or explicit depictions of minors.
  • Engage in any conduct that restricts or inhibits any other Subscriber from using or enjoying the Services.
  • Attempt to access, probe, or connect to computing devices without proper authorization (i.e., any form of “hacking”).
  • Attempt to compile, utilize, or distribute a list of IP addresses operated by FireVPN in conjunction with the Services.
  • Use the Service for anything other than lawful purposes.

THE SERVICES (INCLUDING, WITHOUT LIMITATION, OUR APPLICATIONS, SERVICES AND WEBSITES) ARE PROVIDED “AS IS” AND WITH ALL FAULTS. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE SERVICES. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR USE OF THE SERVICES, AND WE DO NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE OF THE SERVICES. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND FOR ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING THROUGH THE COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, NOR THAT THE SERVICES WILL BE AVAILABLE FOR YOUR ACCESS OR USE, NOR THAT OPERATION OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER JURISDICTION.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. NEITHER WE NOR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES, NOR ANY OF THEIR EMPLOYEES, OFFICERS OR DIRECTORS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF BUSINESS, LOST PROFITS, INTERRUPTION OF BUSINESS, COST OF COVER OR ANY OTHER DAMAGES) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE LIABILITY OF FireVPN SHALL NOT EXCEED WHAT THE USER PAID TO FireVPN AND SHALL NOT INCLUDE ATTORNEY FEES OR COURT COSTS IRRESPECTIVE OF ANY LAWS OR STATUTES THAT MAY PRESCRIBE OTHERWISE.

Indemnification

You agree, at your own expense, to indemnify, defend and hold harmless FireVPN, its parents, subsidiaries and affiliates, and their officers, directors, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees, expert witness fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms, your use of the Services, or any of your other acts or omissions.

Choice of Law

The user and AppSmartz have agreed that in case of any dispute, they or each of its subsidiaries, affiliates, predecessors in interest, successors etc. will only prefer the way of arbitration to resolve the dispute by referring the dispute to the sole arbitrator appointed by the AppSmartz in view of the provisions of Indian law i.e. Arbitration and Conciliation Act 1996.

The fee for the arbitration will be paid by the party that raises disputes and it will be decided at the time of appointment, which will be fair in all manners and the arbitration will be final.

I have gone through this Agreement of TERMS OF USE, FireVPN’sPrivacy policy and other contents on its website(https://firevpn.com). So, after going through all, I accept the terms and conditions stated above.