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Terms of Service

Foreword

Since nobody enjoys reading these things, we’re including short blurbs of text to help you understand what each section is about. You should still read the whole thing since this is only a comment and the Terms are the binding document you’re agreeing to if you have an IceVPN account. But we’re not judging.

Please read the following information carefully. PLEASE PAY CLOSE ATTENTION TO THE PROVISIONS COVERING AUTOMATIC RENEWAL OF SERVICES AND CHANGE OF THESE TERMS OF SERVICE. These Terms of Service govern your access to and use of all IceVPN Services. This is a binding agreement. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SERVICE, DO NOT ACCESS OR USE THE WEBSITE OR OUR SERVICES. BY ACCESSING OR USING THE WEBSITE AND OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. References to ‘you’ in these Terms of Service indicate a person who created an IceVPN account and/or whose payment method is charged.

We may change these Terms of Service from time to time. We will post a notice on the IceVPN Site any time these Terms of Service have been amended or updated. It is your responsibility to review these Terms of Service periodically, and if at any time you find these Terms of Service unacceptable, you must immediately leave the IceVPN Site and cease all use of our Services.

When you agree to use our Services, which includes, but is not limited to: the use of our servers, routers, IP addresses, protocols, add-ons, software, applications, extensions, and other equipment, as well as any updates thereof, you agree to accept these Terms.

IceVPN is a trading name of Ice Privacy LTD, Gibraltar - Referred to as "we", "us" or "our" in this document.

1. What services does IceVPN provide?

IceVPN provides virtual private network (VPN) services, also other privacy and cyber security related services (“Services”). Services include, but are not limited to VPN and other software, extensions, applications, information and content made available to you by IceVPN. A VPN is a secure way to protect your online activities by encrypting your data connection. Thus, third parties are unable to monitor your network traffic, such as websites, downloaded files, or other used internet services. With IceVPN you can connect to different VPN servers worldwide to ensure the privacy of your location.

We don’t collect logs or any other information that’d let us identify you. The only things we do collect are strictly necessary to provide you with our services. If you are using the Dedicated IP service, your online activities could be traced back to your account information as this IP is tied to your email address. However, you may choose using an anonymous Dedicated IP option which will result in a removal of all the information we have in our database about your Dedicated IP address. You can find more details about that in the Privacy Policy.

No-logs Policy is one of the most important features of our VPN service. It means your activities are not in any way logged, retained, or transferred to third parties when you connect to our VPN service. We do not collect any information about what you do online (your visited IP addresses, browsing history, session information, used bandwidth, connection time stamps, network traffic or any other similar data). We can ensure such policy as we are based in the jurisdiction, which does not require data storage or reporting, and processes related to provision of our VPN service are automated. Moreover, only very limited user data collected from or provided by you is processed in order to provide a VPN service to you. To prevent service abuse, our servers store your user ID and/or IP address, and connection time stamps, but this information is automatically deleted within 15 minutes after termination of your session.

Please note that if you use a dedicated IP address (a unique internet protocol address assigned exclusively to you), it will encrypt your internet traffic and hide your real IP address and virtual location. However, since it’s tied to your email address, certain online activities can be traced back to your account information as far as you don’t select an anonymous Dedicated IP option after the Dedicated IP installation process. Anonymous Dedicated IP option removes any information we have in our database about your Dedicated IP address. Therefore, after you choose this, you will have to manually set up new devices and retain your own information as we will not have any links about who and how uses your Dedicated IP address.

More information on what information is collected about you and how it is used can be found in our Privacy Policy at https://icevpn.com/legal/privacy-policy No shady stuff, please.

We do not approve any unlawful, illicit, criminal or fraudulent activities committed by using IceVPN Services. As we are not logging any information about your activities, you are using the IceVPN Services at your own responsibility. IceVPN will not be liable in any way or form for illegal actions done by you arising through or from the use of our Services.

2. Do I have to create an account?

In order to use some of the IceVPN Services, you will be asked to set up an account. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your account, with or without authorization, or who has access to any computer on which your account resides or is accessible.

3. What happens if I share or lose my account information?

If you open an account to use or access the Services, you must complete the registration process by providing the complete and accurate information requested on the registration form. You may be asked to provide an e-mail address and password. You are entirely responsible for maintaining the confidentiality of your password. You may not sell, or trade that Account to any other person. You agree to notify us immediately of any unauthorized use of your account, e-mail address, or password. We are not liable for any loss that you or any third party incur as a result of someone else using your password, either with or without your knowledge. We reserve the right to terminate your account at any time.

4. What is IceVPN payment, automatic renewal and refund policy?

You can subscribe to IceVPN Services on a service period basis. After signing up for IceVPN Services you may choose a payment method. Only some of our Services are free of charge. Paid IceVPN Services renew automatically at the end of each service period and your chosen payment method is charged again, unless you decide to cancel your automatic payments before the automatic renewal. By entering your payment details you agree with the automatic renewal. We will inform you in advance by email about the automatic renewal of your subscription (if it is longer than one month).

Prior to the conclusion of your current subscription period, we may initiate a pre-authorization transaction on the credit card provided. A nominal amount may be temporarily charged to validate your payment method's status. Upon successful verification, this amount will be promptly reversed and will not reflect as a permanent transaction on your account. This practice helps ensure uninterrupted access to our services and confirms the ongoing validity of your payment method for future billing cycles. We will send the first receipt for your purchased Services to your email.

IceVPN may change the price for the subscriptions, including recurring subscription fees, or other subscription terms from time to time and will communicate any price or other changes to you in advance. Subject to applicable law, you accept the new price and terms by continuing to use the Services after the changes take effect. Please see currently applicable recurring subscription fees here.

We can refund you on the basis of our 14-day money-back guarantee. Except if you signed up via iTunes/App Store/Amazon, with a prepaid card/gift card or decided to use an anonymous Dedicated IP option. These are out of our hands.

Your satisfaction with our Services is our main goal. If you choose not to use our paid Services anymore, we guarantee you a right to claim a refund within 14 days following your purchase of our Services. However, we would like to solve your issue before you decide to cancel the subscription, therefore you are always welcome to reach out to us at [email protected]. You can get a refund for the cancellation of our Services twice. If you already have been granted a refund once, you can get the second refund if the period between both cancellations for which you claim refund is not less than 6 months. If you purchase our Services again after the second refund, you will not be granted a refund for any further cancellation. Monthly subscriptions may be refunded on the basis of the 14-day money-back guarantee only after the initial purchase. Once a monthly subscription is renewed, it cannot be refunded on the basis of the 14-day money-back guarantee. IceVPN reserves the right to verify the validity of your account information, and to withhold or delay any refunds until such verification is complete.

As a rule, you have no right to claim a refund after the period of 14 days from the purchase has passed. Nevertheless, in the exceptional cases, we will consider refund beyond such 14-days period, at our sole discretion, if you can demonstrate that the Services which you purchased were not available or usable and that you made reasonable attempts to contact us regarding this issue. In such a case, we may provide you with a pro-rata refund of Services’ fees paid during the subscription period when the Services were not available or usable.

We are not able to grant you a refund if you obtained your IceVPN subscription via resellers other than Google Play. In the scenarios when your subscription was purchased through a reseller other than Google Play, it is necessary for you to consult with the original seller to understand their specific refund procedures and potentially obtain your refund through them. However, if your purchase was made through Google Play, we can facilitate a refund for you in accordance with our policies. Please check with the individual reseller's terms for more information.

Payments made using prepaid cards or gift cards are not refunded.

You have a right to delete your account at any time, however, deleted accounts will not be refunded for the unused part of the ongoing service period.

If you decide to use an anonymous Dedicated IP option which can be selected after the installation of your Dedicated IP, this will cause a removal of all the information we have in our database about your Dedicated IP address. Taking that into account, we will no longer be able to grant you a refund, as we will not have any possibility to establish any links between you and a particular Dedicated IP.

We reserve the right not to issue refund in the event of a breach of these Terms.

Any fees charged by IceVPN are inclusive of taxes. Nevertheless, we may calculate and add VAT, GST and other taxes or fees under laws applicable to you at the time of purchase.

All payments are processed by our third party payment processing company (Stripe Payments UK, Ltd, registered at 7th Floor, The Bower Warehouse, 211 Old Street, London EC1V 9NR, United Kingdom ("SPUKL") see our Privacy Policy).

5. What age do I have to be to use this Website or your Services?

IceVPN is not intended for users under the age of 18. Such users are expressly prohibited from submitting any of their information to us, and from using portions of the Website and our Services for which registration is required. If any information is submitted by such users, it will not be collected or retained.

6. How do I comply with intellectual property laws?

To access and use our Services, you may be required to download and install our Software on a device. Below see the terms and conditions applicable to the use of such Software. Pursuant to these Terms, “Software” means any mobile and desktop software applications and any other software (including any releases, updates, enhancements, or revisions) and any documentation that accompanies or is made available in connection with such software provided by us to you for your use of the Services. When accessing the Website or using our Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Website or our Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.

Subject to these Terms we grant you a limited, revocable, non-exclusive, personal, non-transferable, non-sublicensable, non-assignable, fixed-term license (the “License”) to download, install and use a copy of the Software on a compatible device that you own or control. No other right or license, express or implied, of any kind is granted to you hereunder with respect to the Services and/or Software. You shall not also build a product using similar ideas, features, functions, or graphics of the Service/Websites or copy any ideas, features, functions, or graphics of the Services/Websites.

For the sake of clarity, in respect to the Software that is downloaded from Apple, Inc. (“Apple”) App Store, the License is limited to the use of such Software on any Apple-branded devices that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Software may be accessed and used by other accounts associated with you via family sharing or volume purchasing features.

The Software, used pursuant to these Terms is licensed, not sold, and you receive no title to or ownership of any copy, or of the Software itself, or even more so of the Services and Websites. You receive no rights to the Software other than those specifically granted in Section 6 of these Terms. We and/or our licensors retain all right, title and interest in and to the Services, Software, Websites, and any portion thereof. All rights are reserved unless otherwise explicitly expressed. You are forbidden from registration, adoption, or any other use of trademarks, trade names, symbols, or signs that are either identical or confusingly similar to any trademarks owned by IceVPN and/or its affiliated companies.

You hereby grant IceVPN and/or its affiliated companies a perpetual, irrevocable, worldwide license to use Feedback (as defined below) you communicate to us without reimbursement or compensation, without any obligation to report on such use, and without any other restriction. You waive (or agree not to enforce) any and all rights that may now or in future exist (including moral and equivalent rights) in Feedback. (“Feedback” refers to any recommendation, idea, proposal, suggestion, feedback, review, or other input related to our Services, Software, Websites).

7. What activities are prohibited and how to notify about the possible infringement of these terms?

Don’t do anything that can get you in trouble when you use IceVPN. Please. Also, if you do come across any concerning content, please don’t hesitate to let us know. Your alertness contributes to a safer environment for everyone involved.

By using our Services, you shall not: Use our Services for any illegal use, such as transmitting any illegal material that would constitute a criminal offense as per the local, state, national or international law or regulation; Use our Services for web crawling, scraping, harvesting or other similar activities which might negatively affect rendering of our Services to other users; Transmit any content that is unlawful, harmful, threatening, abusive, harassing, torturous, or that can be deemed objectionable in a court of law; Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information; Present the Service so that it appears to be made available by any third party, access the Service in bulk, scrape, redistribute, resell or make the Services available to any third party in any way; Transfer or use the Services except as expressly authorized under these Terms of Service or by IceVPN, copy, disassemble, reverse engineer or decompile, modify or alter any part of the Services. You may not use any part of the Service in any manner that competes with IceVPN, as solely determined by IceVPN; Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; Send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; Interfere with or disrupt the integrity or performance of the Service; Attempt to gain unauthorized access to the Service or its related systems or networks; Misrepresent or to act on behalf of others; Alter the attribution of origin in electronic mail messages or posting; Use the Service for anything other than lawful purposes; Use IceVPN to mask your identity for illegal or malicious purposes; Distribute copyright-protected material through our servers; Take any action that results in an unreasonable load on IceVPN’s infrastructure; Use any 3rd party software to interfere with or attempt to interfere with the Services; Download or transmit any material that is libelous, defamatory, discriminatory or otherwise malicious or harmful to any person or entity; or use our Services to serve pop-ups ads. Exploit or attempt to exploit our refund policy; Otherwise infringe or circumvent these Terms; You shall at all times abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data. Utilize Alternative ID service for any non-personal or commercial use. This includes, without limitation, using Alternative ID for business purposes, engaging it in any form of commercial activities, and/or deploying it within a corporate, educational, governmental, or other organizational environment. All access to and use of the Alternative ID service must be strictly for personal and private use only. IceVPN is committed to ensuring our Services remain as secure and user-friendly as possible. Therefore, it is strictly prohibited to use IceVPN Services to violate applicable law, including infringe copyright or other rights of third parties. This means that you shall not upload, store, share, access, and/or otherwise exploit on or through IceVPN Services content that is either itself illegal or is rendered to be illegal in a view that it relates to illegal activities (“Illegal Content”). However, please be aware that without specific notifications from our users, we may not become aware of potential violations of these Terms, as we do not monitor user-generated content transmitted and/or received via our platform. We rely on you to help us maintain a safe environment for all users.

We encourage our Alternative ID users to report and notify us about any content or behaviour that fails to comply with these Terms. IceVPN retains the ability to notify law enforcement authorities about particular concerns and encourages you to report any material that you suspect could lead to unlawful actions.

If IceVPN is contacted with a complaint regarding or arising from your use of the Services or independently detects a breach of these Terms, IceVPN may deem your usage in violation of these Terms and terminate your account or limit and/or suspend the provision of the Services without notice.

Our Services (products) may be subject to the U.S. and European Union export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR“) maintained by the U.S. Department of Commerce. You also warrant that you are (a) not located in any country to which the European Union, the United Kingdom, the U.S. or other relevant jurisdiction has embargoed goods or has otherwise applied any economic sanctions, which would forbid or limit the use, import, export, sale of, or payment for the Services; and (b) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in relevant jurisdictions or otherwise listed on any list of prohibited or restricted parties as administered by the Office of Foreign Control of the U.S. Department of the Treasury (“OFAC“), the U.S. Department of State, the United Nations Security Council, the European Union, His Majesty's Treasury of the United Kingdom, or other relevant sanctions authority (“Sanctions Authorities”). You agree to comply with all applicable export and re-export control laws and regulations, including without limitation the EAR and trade and economic sanctions maintained by OFAC as it may be applicable to you. Specifically, you agree not to - directly or indirectly - use, sell, export, re-export, transfer, divert, release, or otherwise dispose of any Services, including products, software, or technology (notwithstanding products derived from or based on such technology) received under these Terms of Service to any destination, entity, or person or for any end-use prohibited by the applicable export control laws, trade and economic sanctions maintained by Sanctions Authorities or any applicable laws or regulations without obtaining any required prior authorization from the competent government authorities as required by those laws and regulations.

8. What is IceVPN’s Fair Usage Policy?

IceVPN is committed to providing the best possible experience of using the Services to all our users. This includes making sure that every user of our Services gets the full experience from their chosen plan. To deliver on this commitment, we have implemented an automated infrastructure maintenance system which continuously manages our network capacity.

Although one of the core premises of IceVPN is a limit of 10 simultaneous connections, there might be some users who exploit it, and this might have an adverse effect on the quality of our Services as well as usage experience for the rest of our users. Such users can include, but are not limited to, unauthorized resellers, organizers of illicit activities which involve usage of a very large number of devices, and others.

Our Fair Usage Policy manages inappropriate use of our Services and guarantees that the Services can be used fairly by everyone. Under the Fair Usage Policy, we reserve the right to enable limits of an immoderate number of simultaneously connected devices in our network maintenance system in order to make sure that none of our users are affected by potentially deteriorated quality of the Services.

9. Does IceVPN link to any third-party sites?

IceVPN may link to or be linked from other websites that are not maintained by, or related to, IceVPN. IceVPN does not endorse, and is not responsible for, the content of any of those third-party websites. You acknowledge that IceVPN has not reviewed and does not endorse the content of all sites linked to from this Website and is not responsible for the content or actions of any other sites linked to from this Website. We do not promise that the contents of any linked sites are accurate, compliant with local, state or federal law, including any intellectual property laws. Your use of any linked site is at your own responsibility and you assume all responsibilities and consequences resulting from such reliance.

10. Disclaimers and Limitations on Liability for IceVPN.

ICEVPN PROVIDES ITS WEBSITE AND SERVICES TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. IceVPN cannot guarantee that the Services or its content is error-free and makes no representations about the technical accuracy or functionality of the Services or that the content is accurate, error-free or up to date. Actual service coverage, speeds, locations, and quality may vary. You hereby expressly agree and acknowledge that it is impossible under any currently available technology for any application to identify and eliminate one hundred percent of all malware. IceVPN makes no representations – your use of the Services is your sole responsibility. Our Services may be updated, modified, suspended, or interrupted at any time without any notice or liability.

We may, from time to time, include computer software supplied by third parties together with our Services. Such third parties’ computer software is provided with permission of the relevant copyright holders and/or licensors, and on their provided terms.

ICEVPN AND ITS AFFILIATES, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR USE OF THE SERVICES, ANY THIRD PARTY COMPUTER SOFTWARE PROVIDED TOGETHER WITH THE SERVICES, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE OR OUR SERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE WEBSITE OR OUR SERVICES, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY IN ANY CASE SHALL NOT EXCEED YOUR TOTAL AMOUNT PAID FOR THE SERVICES.

You hereby agree to release service provider, its affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (“claims”), arising out of or in any way connected with your use of this Website or our Services.

We provide application updates for all OS versions for at least two (2) years after the initial OS version release. Therefore, we would suggest updating your OS to get the best experience when using our Services.

If you use the Alternative ID service, you recognize that there might be instances when due to external factors the delivery of emails to your alternative email address. These impediments can arise from a host of issues, including but not limited to network disruptions, service outages, and spam filtering processes. In light of these potential challenges, IceVPN does not assert or guarantee the prompt and exact delivery or reception of communications. As such, IceVPN shall not be held accountable for any communication that is either missed, delayed, or undelivered. Furthermore, you concur that IceVPN will not be responsible for any sort of damage or loss that may result from such instances. It is important to affirm that your access to and use of the Alternative ID Service is permitted solely for your own personal and non-commercial purposes.

In addition, if you are using IceVPN Alternative ID service, please note that despite Alternative ID generated output is designated to be made-up and not reflective of real people or places, occasionally, some parts (like addresses) could unintentionally match real-world equivalents. Taking this into account, despite that there might be a slight probability that some parts of an output may inadvertently mirror real-world specifics, please always be aware that any resemblance generated by our service to actual persons, living or deceased, or to real-life addresses, is unintentional, purely coincidental and designated ONLY for personal use in safeguarding privacy and/or for entertainment purposes. ICEVPN EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR ACCIDENTAL SIMILARITIES TO ACTUAL INDIVIDUALS OR ADDRESSES. IF YOU BELIEVE THAT THE OUTPUT GENERATED BY ALTERNATIVE ID MIGHT INFRINGE UPON THE RIGHTS OF ANY THIRD PARTY, WE ADVISE AGAINST THE USE OF THIS OUTPUT.

11. Indemnity for IceVPN.

You agree to indemnify, defend, and hold harmless IceVPN, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Website or our Services, your violation of these Terms of Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

12. Governing Law for IceVPN Our contract with you is governed by the laws of the Gibraltar.

IceVPN has two legal entities handling contractual agreements with customers – IceVPN Ltd, which is a subsidiary of Ice Privacy Ltd, established in Gibraltar. Regardless of which IceVPN entity you contracted with, these Terms of Service (your contract with IceVPN) shall be interpreted and governed by the laws of Gibraltar, without regard to their conflict of law rules. This means that all customer contracts are subject to the same laws, those of Gibraltar.

However, please note that these Terms of Service will not diminish any consumer protection rights you may have under the mandatory laws of your country of residence. You agree that any judicial proceedings to resolve claims related to the Terms of Service will be conducted in the courts of the Gibraltar, unless the laws of your country of residence have mandatory provisions applicable to the dispute that cannot be overridden by the contractual choice of law.

13. Online Dispute Resolution.

If you reside in the EU, you have the right to address any dispute with IceVPN through an internet platform for online dispute resolution established by the European Commission, which can be found at http://ec.europa.eu/consumers/odr/. Our email for this platform is the same – [email protected].

14. Whom should I contact with questions or concerns?

If you have any questions or comments regarding IceVPN Services or the Terms of Service, you can reach out to us via email at [email protected] or through the live chat feature on our website.

Furthermore, if you have concerns about the activities of users of our Services that you believe may violate the prohibitions outlined in Section 7 of our Terms, we encourage you to notify us promptly at [email protected]. Your vigilance helps us maintain a safe environment for all users.

15. Other Terms

The English version of the Terms of Service Prevails.

While translations of these Terms of Service may be provided in other languages, they may not be fully up-to-date or comprehensive. Thus, in case of any conflict between the English version and the translated versions of these Terms of Service, the English version shall take precedence.