Terms of Service
You understand that Atlas VPN is providing you with a virtual private network (“VPN”) service, which includes, but is not limited to, the use of servers, transport, routers, IP addresses and other equipment and protocols to transmit information over our network (the “System”). You agree to abide by these Terms with respect to your use of the Services.
1.2. Authorized User
You affirm that you are either more than eighteen (18) years of age or a valid legal entity, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms contained herein. Users under eighteen (18) years of age 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.
1.3. Your user account
Creating an account. To access and use any of our Services, you must set up an account by providing certain information (e.g., your email address and billing information) (“Account”). All information you provide must be complete, accurate, true to the fact and kept up to date. All Atlas VPN Accounts are non-transferable.
1.4. Amendments of Terms
We reserve the right to change, add or remove any part of these Terms, at any time without prior notice to you other than posting the updated version on the Website. Such modification shall be effective immediately upon posting on the Website. Please check these Terms periodically for changes. If we make any material changes to these Terms, we will endeavor to provide an additional notice of any changes through reasonable means. Your use or continued use of the Website or Services following the posting and/or notice of any changes to these Terms or any other posted policies shall constitute your acceptance of the changed Terms or policies. If you do not agree to the amended Terms you must immediately leave the Website and cease all use of our Services.
2. Personal Information
2.1. Accuracy. By registering for our Services, you represent and warrant that all information you submit to us is true, accurate, current and complete and that you will promptly notify us if your information changes.
3.1. Atlas VPN adheres to a no-logs policy. It means that when you are connected to our VPN no information, which could identify what you browse, view or do online, is stored, monitored, recorded, logged or passed to any third party. We do not collect information that would allow us to trace Internet usage on Atlas VPN back to individual users.
4. Prices and payments
4.1. You agree to pay us for any paid Services you purchase from us, as well as all other charges incurred under your Account, including applicable taxes and fees associated with your purchase of the Services. We may suspend or cancel the Services if we do not receive a full payment from you on time. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your Account and its content.
4.2. Our paid Services are subscribed on a service period basis. The Service period and the payment method can be selected when signing up for the paid Services. The Service will be automatically renewed, and your chosen payment method will be charged at the end of each service period, unless you decide to cancel your automatic payments for the Services before the end of the then-current subscription. Read more about Subscription Terms. Please note that all prices for Services, including recurring subscription fees, are subject to change. Any changes in pricing will be communicated to you in advance.
4.3. To purchase Services directly through us on our Websites, you must provide us with a current and valid method of payment, such as a credit or debit card or any other payment method available on the Websites, Google Play Store, Amazon App Store, Apple App Store.
4.4. By providing Atlas VPN with a payment method, you (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; (ii) authorize Atlas VPN to charge the payment method you provided; and (iii) authorize Atlas VPN to charge you for any paid Services you chose when making a purchase.
4.6. Atlas VPN also reserves the right to (i) obtain and continue using updated credit card account information electronically, when applicable, from the card brands, (ii) retry failed payments to complete transactions, including but not limited to, retrying failed cards with extended expiration dates and, (iii) change or amend authorized payment companies to assist with payment processing.
4.7. Atlas VPN reserves the right to verify credit/debit card payments prior to completing your purchase.
4.8. If any of your payment details change (like card number or its expiry date), please let us know as soon as possible so we can continue to provide the Services when it comes time for the subscription renewal. If you update payment details/methods in your Account, the updated information will be regarded as your preferred method for any future payments. Sometimes we may receive updated credit or debit card information from your card issuer or the card network, which Atlas VPN will use to update your payment details automatically.
4.9. In some cases, we or others on our behalf may offer a free trial for our paid Services. We determine your free trial eligibility at our sole discretion, and to the extent permitted under applicable law we may limit or withdraw a free trial option at any time without prior notice. The duration of the free trial period and other details will be specified during a sign-up. You acknowledge and agree that we will automatically charge you for our paid Services at the end of the free trial period on a recurring basis. If you do not want to be charged, you must cancel the paid subscription before the end of the free trial by contacting our support team. If you received a free trial from a third party, you may also cancel the paid subscription through that third party.
4.10. You have a right to cancel your paid Atlas VPN account at any time. You can cancel a recurring subscription by contacting our customer support. If you purchased the Services from iTunes/App Store or Google Play Store, Amazon, you can cancel the recurring subscription there. Canceled accounts will not be refunded for the unused part of the ongoing service period.
4.11. You agree that you are responsible for other charges, including any foreign transaction charges or taxes. We may calculate and add any taxes or additional fees, including, but not limited to sales tax, value added tax and other taxes or fees under laws applicable to you. Such taxes and fees will be calculated in accordance with the billing information provided to Atlas VPN at the time of your purchase.
4.12. Without specified above, Atlas VPN can suggest the free version of the services. To access the free Atlas VPN you need to register and create an account. More detailed information in the Help center.
5. Refund policy
5.1. If you signed-up for the Services directly through us, you may cancel the Services and claim a refund within 30 days following your purchase. However, as we seek full satisfaction for our Services, we will troubleshoot the issue you experience first. You can get a refund for the cancellation of our Services twice. 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 30-day money-back guarantee only after the initial purchase. Once a monthly subscription is renewed, it cannot be refunded on the basis of the 30-day money-back guarantee.
5.2. Please note that we cannot grant refunds if you purchased the Services through a third party, such as iTunes/App Store, Play Store, Amazon or our resellers. To receive a refund you will have to contact the third party and follow their refund and cancellation policies. Payments made using prepaid cards or gift cards will not be refunded. For payments made in cryptocurrency, the equivalent amount in US Dollars, EUR, GBP and etc. (the currency, that was chosen during the checkout process) will be refunded in the same cryptocurrency (based on the rate of exchange at the moment of refund).
5.3. No refunds will be considered for accounts terminated for violation of these Terms. Once the refund is issued to the user, the user loses access to the paid Services.
6. License Terms
6.1. Software. 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.
6.2. License Grant. Subject to the terms and conditions of these Terms and provided that you comply with the 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.
6.3. Apple Requirements. 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.
6.4. We Retain all Rights. 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 6.2. 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. Atlas VPN is a protected trademark, owned by Atlas VPN companies and 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 Atlas VPN.
6.5. The version of the Services and Software available at your renewal date may be different from the version available when you first purchased your License from us.
6.6. Feedback. You hereby grant Atlas VPN 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. Third-Party Content
7.1. We do not control, and we are not responsible for, any data, content, services, or products (including software) that you access, download, receive or buy while using the Services. We may, but do not have any obligation to, block information, transmissions or access to certain information, services, products or domains to protect the Services, our network, the public or our users. We are not a publisher of third-party content accessed through the Services and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service. 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.
7.2. If you choose to access and use third-party websites, services or content, or purchase products from third parties, including without limitation through third-party payment vendors while using the Services, your personal information may be available to a third-party content provider. If you choose to visit or use any third-party products or services, Atlas VPN policies and these Terms will not apply to your activities or any information you disclose while using third-party products or services or otherwise interacting with third parties. 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 our policies. Atlas VPN has no responsibility for any third party’s policies, or any third party’s compliance with them.
8. Acceptable Conduct
8.1. You agree to comply with all applicable laws and regulations in connection with your use of the Services. 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 Atlas VPN Services. You may not use our Services, or our Software or System, to post or transmit any illegal material, any criminal, illicit, illegal and fraudulent acts, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:
8.1.1. sending or transmitting unsolicited and/or commercial emails in violation of law, promotional materials, “junk mail”, “spam”, “chain letters” or “pyramid schemes”, or other acts that involve deceptive online marketing practices or fraud;
8.1.2. acts that may materially affect the quality of other users’ experience, including, without limitation, “spikes” in bandwidth usage or using any program/script/command, or sending messages of any kind, designed to interfere with a third party customer terminal session, via any means, locally or via the Internet;
8.1.3. actual or attempted unauthorized use or sabotage of any computers, machines or networks;
8.1.4. interfere with or disrupt the integrity or performance of the Service/Websites;
8.1.5. introducing malicious programs, or other computer codes, files, instructions into Atlas VPN’s network or servers (e.g. viruses, worms, Trojan horses, etc.);
8.1.6. engaging in any monitoring or interception of data not intended for you without authorization;
8.1.7. take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure;
8.1.8. sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Services, Subscription, and/or Account in any way;
8.1.9. use any robot, spider, scraper, or other automated means to access our Websites or Services for any purpose without our prior written permission;
8.1.10. attempting to circumvent authentication or security of any host, network, or account (“cracking”) without authorization;
8.1.11. using any method, software or program designed to collect identity information, authentication credentials, or other information from the legitimate users of another entity’s website or service;
8.1.12. Attempt to distribute, compile or to use a list of IP addresses operated by Atlas VPN in conjunction with the Service;
8.1.13. transmitting or receiving, uploading, using or reusing material that is abusive, indecent, defamatory, harassing, obscene or menacing, or a breach of confidence, privacy or similar third party rights;
8.1.14. transmitting or receiving, uploading, using or reusing material that violates any intellectual property rights of a third party, including, without limitation, patent, trademark or copyrights;
8.1.15. transmitting or receiving, uploading, using or reusing, purschasing or obtaining material that includes sexual or explicit depictions of minors in any form;
8.1.16. transmitting or receiving, uploading, using or reusing material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
8.1.17. advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate these Terms;
8.1.18. using the Services for anything other than lawful purposes including, but not limited to, intentionally or unintentionally violating any applicable local, state, national or international law; or
8.1.19. impersonating any person or entity, including, but not limited to, an Atlas VPN representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
8.1.20. consistently demonstrate unrespectful, threatening, offensive, and/or malicious behavior when communicating with Atlas VPN customer support and/or other employees;
8.1.21. 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;
8.1.22. claim that you are the representative or agent of any of the Services, including any of its functionality;
8.1.23. threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
8.1.24. use the Services/Websites for any military purpose, including cyber warfare, weapons development, design, manufacture, or production of missiles, nuclear, chemical or biological weapons;
8.1.25. violate general ethical or moral norms, good customs, and fair conduct norms;
8.1.26. access and use the Services if you have been or are prohibited to access the Services, or if your Account has been suspended or terminated due to any reason;
8.1.27. share non-public features or content of the Software and/or Services with any third party;
8.1.28. to the extent permitted under applicable law, otherwise violate or attempt to evade, or circumvent these Terms.
8.2. You also shall not take any action to jeopardize, limit or interfere in any manner with our ownership and rights with respect to the Services. Except and to the extent that this is expressly permitted by applicable law and these Terms, you receive no right to and shall not yourself or enable others to: (i) reproduce, modify, create derivative works from, distribute, make available over network, publicly display, or publicly perform the Services, Software, or Websites; (ii) reverse engineer, decompile, disassemble, decrypt the Software, Services, Websites, or make any attempt to derive the code, trade secrets or other confidential information from the Services, Software, Websites; (iii) translate, adapt, arrange, or make any other alteration of the Services, Software, Websites, and reproduce the results thereof; (iv) transfer, distribute, lease, sublicense, or rent the Services, Software, Websites, and/or your rights granted under the License to any third party; (v) use the Services, Software, Websites in any manner that is not expressly permitted pursuant to the Terms; (vi) remove or modify markings or any notice of proprietary rights of the Services, Software, Websites.
8.3. We use tools to identify web scraping and minimize abuse of our Services. These tools are looking for irregular patterns when new sessions are initiated and if such patterns are noticed, it might automatically suspend your Account or otherwise limit your access to the Services until further investigation is complete.
8.4. We reserve the right, at any time, in our sole discretion, with or without notice, to suspend and/or terminate the Accounts and/or Atlas VPN Services to any users who violate any applicable laws or these Terms, whether repeated violation or a single instance. It means that we may, among other things, terminate Atlas VPN Accounts and/or Atlas VPN Services of users who may be repeat infringers in appropriate circumstances. The foregoing does not limit other rights or remedies available to us hereunder, at law or in equity.
8.5. We encourage you to let us know about the violation of these Terms by any of Atlas VPN users or other third parties by contacting us [email protected]. In case of such violations, we may take appropriate action at our sole discretion.
9. Copyright Protected Materials
9.1. Atlas VPN reserves the right to terminate in appropriate circumstances the accounts of subscribers who infringe the copyrights of others. You may not upload, download, post, publish, transmit, reproduce, or distribute in any way, files, material, information, software or other material obtained through the System that is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or other right holder.
10. Access Restriction or Termination
10.1. You acknowledge and agree that Atlas VPN, in its sole discretion, for any or no reason, and without penalty, may restrict or terminate your use of the Services or the Software at any time, and that Atlas VPN may also in its sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice, whether repeated violation or a single instance.
10.2. You agree that any restriction or termination of your access to the Service may be effected without prior notice and you agree that Atlas VPN will not be liable to you or any third party for any such restriction or termination.
10.3. In addition to the above, Atlas VPN may suspend (for clarification, investigation, or when requesting you to explain your actions) or terminate your Account and/or Services, if:
10.3.1. we cannot charge you for the auto-renewed subscription;
10.3.2. you breach Section 8 of the Terms (“Acceptable Conduct”);
10.3.3. you breach any applicable laws;
10.3.4. it is required to do so by law or competent authority (e.g., where the provision of the Services becomes unlawful in your country of residence, or final court judgment bearing relation to your use of our Services, Software, or Websites is issued).
10.4. If the situation warrants, we will give you a reasonable opportunity to fix the issue before suspending or terminating your Account and/or Services. However, if your Account has been suspended, you must contact us for further information. We may (but have no obligation) suspend your Account for a reasonable period of time before we terminate it permanently.
10.5. Usually, we will send you a prior notice before suspending or terminating your Account and/or Services. However, under limited circumstances we will be unable to send a notice to you prior to terminating your access to our Services:
10.5.1. you are in material breach of Section 8 of the Terms (“Acceptable Conduct”) or any applicable laws in such a way as to immediately and seriously endanger us and/or any other third party or cause disruption to our Services;
10.5.2. we are unable to send you notice because you have not provided or properly updated your contact details;
10.5.3. we are unable to notify you due to the requirements of law and/or orders of the authorities.
10.6. Any suspension or termination of your Account and/or Services by Atlas VPN applies to you personally; you may not access our Services through any other Account that you own or create or through Accounts owned or created by others.
10.8. Upon suspension or termination under these Terms, you will lose access to the Services and you shall cease all use of the Software. Upon expiration of your subscription or any termination under these Terms, the License granted in Section 6 of these Terms and any other licenses, if any, will immediately terminate without further notice from us. Therefore, you shall cease all use of the Software and Services, as well as delete, destroy, or return all copies of the Software in your possession or control.
10.9. Sections 6-18 of the Terms will survive termination or expiration of the Terms for any reason, as well as any other Sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination or expiration of these Terms.
You agree to accept responsibility and are solely responsible for any and all usage and activities that occur under your Account, including, but not limited to, use of the Account by any other person, whether or not authorized by you. You are responsible for maintaining the confidentiality of your Account, and for restricting access to your Account by any other party. Access to the System, our Services, the Internet, and to certain online transactions involves the use of identification numbers, payment accounts or other individualized nonpublic information (“Private Documentation”). You shall use your best efforts to prevent unauthorized use of our Services, the System or of any Private Documentation, and shall promptly report to Atlas VPN any suspected unauthorized use or other breach of security. You shall be responsible for any unauthorized use of your identification numbers until we receive written notice of a breach of security and a request to block further access for such numbers. Account sharing (e.g. allowing others to use your account information to access the Services) is not permitted.
12. Children and Minors
12.1. By using our Services, you affirm that you are at least 18 years of age. You understand that the Internet may contain information which may be offensive, may be illegal in various jurisdictions or may be inappropriate for certain ages and that Atlas VPN is not responsible for detection and removal of such information. In accordance with the Children’s Online Privacy Protection Act (COPPA) and associated rules, we do not knowingly collect or maintain any personal information from children under 13.
13. Application platform terms
13.1. App Store. If you downloaded our Software from Apple App Store or if you are using such Software and our Services on any Apple-branded device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple:
13.1.1. These Terms are concluded between you and Atlas VPN, not with Apple, and Apple is not responsible for the Services and the content thereof. If you need any support with respect to our Services, please contact us, not Apple as they are under no obligation whatsoever to furnish any maintenance or support services with respect to our Services. To the extent that the Services fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service to you; to the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
14. Disclaimer of warranty
14.1. Actual service coverage, speeds, locations and quality may vary. Atlas VPN will attempt to provide the Services at all times, except for limited periods for maintenance and repair. However, the Services may be subject to unavailability for a variety of factors beyond our control including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Services or communications services or networks. We may impose usage or Services limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users or the Services. The accuracy and timeliness of data received is not guaranteed.
14.2. Atlas VPN is not liable for the loss, corruption, alteration or removal of any content transmitted using our Services or on our System. By using our Services, you expressly waive the right to seek damages and agree to hold Atlas VPN harmless for any such loss, alteration, corruption or removal.
14.3. Your use of the Website and Services is at your sole risk. The Website, all Website information and the Services are provided on an “as is” and “as available” basis, without warranties of any kind, express, statutory or implied, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, custom, trade, quiet enjoyment, noninfringement, availability or accuracy of information. Without limiting the foregoing, we neither warrant nor represent that your use of the Services will not infringe the rights of any third parties. Atlas VPN does not warrant that the Website or Services will be available, will meet your requirements or will operate in an uninterrupted, error-free or completely secure manner or that errors or defects will be corrected. Atlas VPN does not make any representations, warranties, or conditions regarding the use or the results of the use of the Website or Service, in Terms of their accuracy, reliability, timeliness, completeness, or otherwise.
14.4. Some jurisdictions may not allow the exclusion or limitation of implied warranties or conditions, or allow limitations on how long an implied warranty lasts also on limitation of liability for consequential or incidental damages so the above limitations or exclusions may not apply to you. In such event, Atlas VPN’s warranties and conditions with respect to the website and services will be limited to the greatest extent permitted by applicable law in such jurisdiction.
15. Limitation of liability
15.1. Under no circumstances will Atlas VPN, its parents, subsidiaries or affiliates, employees, officers, directors, agents, representatives, licensors or other third party partners be liable to you or any other person for any direct, indirect, incidental, punitive, special, exemplary, consequential or other damages (including, without limitation, lost profits, lost data or information of any kind, loss of business or business interruption, cost of cover or any other damages), arising out of the use, inability to use, or the results of use of our Services, our Website or content anywhere on the internet, whether based on warranty, contract, tort (including negligence), strict liability or otherwise or any other legal theory, even if we have been advised of the possibility of such damages. Your sole and exclusive remedy under this agreement shall be for you to discontinue your use of the website and services.
15.2. In any case, the total aggregate liability of Atlas VPN arising out of or relating to these Terms shall not exceed what you paid to Atlas VPN during twelve (12) months immediately preceding the event giving rise to such liability and shall not include attorney fees or court costs irrespective of any laws or statutes that may prescribe otherwise.
15.3. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Atlas VPN shall not be liable for defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
15.4. Please also note that Atlas VPN has implemented security measures aimed at securing the Services and Websites; nevertheless, the internet is not a secure network and system reliability could be impaired independently of Atlas VPN’s efforts and will. In addition, Atlas VPN cannot be held liable for unpredictable events such as cyber attacks, security breaches regarding the transmission of data or for performance guarantees regarding the volume and speed of data transmissions. Users are responsible for taking all appropriate measures to protect their own data, software, equipment, and systems, particularly from contamination by any viruses circulating on the internet.
16.1. You agree to indemnify, defend, and hold harmless Atlas VPN, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees, expert witness fees, and expenses) arising from your access to or use of the Website or Services, your violation of these Terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Atlas VPN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you.
17. General Terms
17.1. Entire Agreement. These Terms, along with any rules, guidelines, or policies published on the Website constitute the entire agreement between Atlas VPN and you with respect to your use of our Website and Services.
17.2. Amendments. No amendment to these Terms by you shall be effective unless acknowledged in writing by Atlas VPN. Notwithstanding the foregoing, Atlas VPN reserves the right, in its sole discretion, to modify these Terms or the policies referenced herein at any time as set forth above.
17.3. Jurisdiction. These Terms shall be governed by, and construed in accordance with, the laws of the state of Delaware, without reference to its choice of law rules. However, some countries (including countries of the European Union) have laws that require contracts to be governed by the mandatory provisions of the local laws of the consumer’s country. In such cases, mandatory provisions of the local laws of your country of residence apply.
17.3.1. We always strive to address your concerns without needing a formal legal case. Before filing a claim against Atlas VPN, please try to resolve the dispute informally by sending us a written notice of dispute at [email protected] that includes your name, a detailed description of the dispute, and the relief you seek. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved, you or Atlas VPN may bring a formal proceeding.
17.3.2. Judicial Resolution of Disputes. You and Atlas VPN agree that any judicial proceeding to resolve claims relating to the Terms will be brought in the courts of the State of Delaware. If you reside in a country (including countries of the European Union) where laws provide consumers the right to bring disputes in their local courts, in such cases, mandatory provisions of the local laws of your country of residence apply.
17.3.3. Online Dispute Resolution in the EU. If you are a consumer, you may report the dispute to a consumer dispute body in your country of residence, in accordance with local regulations and practices. If you reside in the European Economic Area or Switzerland, the European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr.
17.4. No class actions. You and Atlas VPN agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Atlas VPN agree otherwise in writing, the arbitrator or judge may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Also, the arbitrator or judge may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Atlas VPN customers.
17.5. We reserve the right to modify or update the operation of the Services at our sole discretion, at any time, for any reason, and without notice or liability. We may also suspend the Services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so. If you have prepaid fees directly to Atlas VPN for a paid Subscription that Atlas VPN permanently discontinues prior to the end of its period, Atlas VPN will refund you the pro rata part of such prepaid fees for the period after such discontinuation (except for cases referred to in Section 10.3 of these Terms), and in such case your Account and billing information must be up to date in order for us to refund you. Atlas VPN has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of the authorities, other third parties, or events beyond our control.
17.6. Severability. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect.
17.7. Assignment. You may not assign its rights or obligations under these Terms without the prior written consent of Atlas VPN, but may be assigned by Atlas VPN without restriction.
17.8. Non-Waiver. Atlas VPN’s failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
17.10. Data Charges. You are responsible for any charges that may apply to your use of our Services or Websites, including text messaging and data charges if you access or use the Services or Websites on your mobile or other device. If you’re unsure what those charges may be, you should ask your mobile operator, internet, or other service provider before using the Services/Websites.
17.11. Linking to our Websites. You may link to our Websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
17.12. Communication with Atlas VPN. You may provide notices, requests, information, and other communications to Atlas VPN via our customer support. You agree to receive communications from us electronically, e.g., by email, through our applications, and customer support platforms, and consent that such notifications have the same legal power as communication in writing. We may communicate to you in order to advise you about provision, changes, or additions to the Services or for other purposes that are reasonable or required by applicable law. When communicating with our customer support representatives, you agree to be respectful and kind. In addition, you undertake to provide accurate data for communication with us and, if your contact details have changed, update them in your Account immediately. Atlas VPN is not liable if you do not receive certain notices regarding the Services upon your failure to update your contact details.
17.13. Internet Connection. Certain Services may require an active and stable connection to the internet in order to function. It is therefore your responsibility to ensure that you have at all times an active and stable internet connection.
17.14. Export. Atlas VPN products may be subject to the United States (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 warrant that you are (i) not located in any country to which the U.S., the European Union, the United Kingdom 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 (ii) 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, Her 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, reexport, transfer, divert, release, or otherwise dispose of any Atlas VPN Services, including products, software, or technology (notwithstanding products derived from or based on such technology) received from under these Terms 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.
17.15. Prevailing Language. For all purposes, the English language version of the Terms shall be the original, governing instrument and understanding between you and us. In the event of any conflict between this English language version of the Terms and any subsequent translation into any other language, the English language version shall govern and control.
17.16. Force Majeure. Atlas VPN shall not be in breach of the Terms nor liable for delay in performing, or failing to perform, any obligations under the Terms if such delay or failure result from unforeseen circumstances, events, or causes beyond Atlas VPN reasonable control (including, without limitation, failures of third party software (whether open or not), failures of your telecommunication or internet service providers, force majeure, earthquakes, fires, floods, embargoes, labor disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities). In such cases, Atlas VPN shall be entitled to a reasonable extension of the time for performing any such obligations under the Terms.
17.17. No Reliance. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
18. Contact regarding allegations of abuse
18.1. We do not facilitate or induce any illegal activities while using Atlas VPN. However, due to the nature of our Atlas VPN Services, there may be cases where we are unable to identify our users’ abusive behavior. Therefore, we mainly rely upon third-party complaints of wrongdoing and on such basis conduct internal investigations in appropriate circumstances.
18.2. Please direct any complaints of abuses of our Terms in respect to Atlas VPN as VPN Service to us by email at [email protected].
18.3. For copyright complaints, please recognize that Atlas VPN as VPN Service is not social media or other hosting services, an information location tool, or caching services. Therefore, we are unable to act on notifications of claimed infringement designed for other services under subsections (b), (c), and (d) of Section 512 of the U.S. Copyright Act, or national laws of the EU Member States implementing Articles 13 and 14 of the Directive 2000/31/EC on electronic commerce, or other analogous provisions of the laws of other countries.
If you have questions or concerns regarding these Terms, please contact us at [email protected]