PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY USING THE SERVICE YOU ACKNOWLEDGE THAT YOU ARE ACCEPTING A BENEFIT BY USING THE SERVICE, AND THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT ALLOWED TO USE THE SERVICE.
Terms Of Service
DESCRIPTION OF SERVICE
a) AirVPN is operated by Air. Please refer to Privacy Notice for contact details.
b) AirVPN is a privacy enhancing service which offers, in addition, a layer of anonimity as granted by the European Union legal framework and technological solutions.
c) AirVPN is a Virtual Private Network which encrypts the data sent and received on the Internet. Outgoing data are encrypted before leaving your computer, decrypted by one of AirVPN server and routed to the Internet. Incoming data are encrypted from one of AirVPN server and are decrypted only when they are inside your computer. Outgoing data packets do not contain your IP address when they are on the Internet, instead they have the IP address of one of AirVPN server.
d) AirVPN uses OpenVPN to establish the connection between your computer and the servers. OpenVPN is the most reliable and secure solution for encrypted tunnels.
e) AirVPN encrypts your Internet data when you are connected to one of the AirVPN servers. When you are not connected, AirVPN enhancing privacy and anonymization layer services are not active. All applications launched AFTER you connect to the VPN service will use the service - no configuration is needed.
f) AirVPN fully complies with the European Union directives which protect your privacy: Directive on Data Protection (95/46/EC) and Directive concerning the processing of personal data and the protection of privacy (2002/58/EC). Using the service implies that you have read and understood our Privacy Notice.
TERMS OF SERVICE
1) AirVPN secures your connections, not your computer. The service is not meant as an antivirus or antimalware tool.
2) AirVPN enables and allows you to bypass government and ISP censorship. If you use the service from a country which performs censorship by law, you understand and accept that you bypass censorship under your own responsibility. The company which operates AirVPN might not recognize competence of jurisdiction of the country you live in and/or AirVPN is not allowed nor willing to monitor your communications.
3) AirVPN enables and allows you to use applications forbidden by your ISP and/or by your government. If you use the Service from a country which forbids applications by law, and/or from an ISP which discriminates against services and/or protocols and/or applications and/or packet senders and/or packet receivers, you understand and accept that you operate under your own responsibility. The company which operates AirVPN may not recognize competence of jurisdiction of the country you live in and/or AirVPN is neither allowed nor willing to monitor its subscribers' communications and/or AirVPN may not be bound to any contractual agreement with your ISP(s) or any other private actor.
4) BY USING THE AIRVPN VPN SERVICE ("Service") YOU AGREE NOT TO:
1. use the Service to violate, in any way, directly or indirectly, the European Convention for Human Rights. If you live in a country with laws which permit such violations, you nevertheless agree to respect the aforementioned Convention.
2. use the Service to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person;
3. rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the Service without our prior written authorization;
4. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service or features that enforce limitations on the use of the Service;
5. intentionally interfere with or damage operation of the Service, by any means, including uploading or otherwise disseminating on the Internet spam, viruses, adware, spyware, worms, or other malicious code;
6. use the Service to compromise security of, or to obtain (or try to obtain) unauthorized access to any device or system in the Internet (such attempts include port scans);
7. use the Service with the direct or indirect purpose of inciting, aiding or abetting enforcement of copyright through means of any data collection and/or retention and/or any privacy violation.
5) TERMINATION OF SERVICE:
1. You agree that AirVPN operators, in their sole discretion, for any violation of the Terms of Service point 4), and without penalty, may terminate your use of the Service at any time. You agree that AirVPN operators and Air will not be liable to you or any third party for any such termination.
2. You may terminate this Agreement at any time by discontinuing use of all parts of the Service. You agree that no reimbursement from AirVPN is due if you decide to terminate the Service before the natural expiration date, except under the cases in point 9.
6) If You choose to access web sites, services or content, or purchase products from third parties while using the Service, your personal information may become available to the third-party provider according to your decisions. AirVPN cannot prevent transmission of personal data and information when you actively decide to do so. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy and other policies (if any) and not ours. AirVPN operators and Air have no responsibility for third party provider policies, or their compliance with them.
7) INDEMNIFICATION. You agree to indemnify, save, and hold Air, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your misuse of the Service, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. Air reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Air, and You agree to cooperate with Air's defense of these claims. Air will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
8) AirVPN operators perform all the efforts at the best of their capacity and knowledge to ensure quality, reliability and security of the Service, as well as protection of its users. HOWEVER, YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, AIR AND ANY DATA AND INFORMATION, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITH NO ASSURANCES THAT THE SERVICE WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, BUGS, DISABLEMENTS OR OTHER CIRCUMVENTION. AIR, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
9) REIMBURSEMENTS. AirVPN strongly encourages to test the free Service before you pay any subscription to commercial plans. The free service differs from the commercial service only with respect to bandwidth limitations. In case you are not satisfied with the commercial Service, once you have subscribed you have the right to obtain a full reimbursement, given that your request is sent within 3 commercial days from the subscription payment. AirVPN accepts only written refund requests sent to the addresses given in the Privacy Notice. You have the right to request a reimbursement without giving explanations. The right to be refunded is invalid if You have violated the Terms of Service and/or if you send the request after having used the Service for more than 3 days and/or if you have used the Service for a global traffic volume exceeding 5 GigaBytes. Air warrants a reimbursement within 30 days from receipt of reimbursement request.
10) LIMITATION OF LIABILITY: WHERE APPLICABLE BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL AIR OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE, OR ANY OTHER INTERACTIONS WITH AIRVPN.
11) LIMITATION OF DAMAGE: IN NO EVENT WILL THE TOTAL LIABILITY OF AIR OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
12) SEVERABILITY: If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
13) GOVERNING LAW AND JURISDICTION. This Agreement will be governed by and construed in accordance with the Regulation 593/2008 of the European Parliament and of the Council of the European Union and under the jurisdiction of the European Court of Justice and the courts in Italy. You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any action.