Terms of Service
Last updated on January 8, 2020.
PandaVPN Services are transitory digital network communications services, which enhance internet security and privacy. At your request and at your sole discretion we automatically provide unsupervised and non-monitored data conduit – virtual private network (VPN) connection – for your exclusive use, at your own risk and responsibility. You are solely and exclusively responsible for the use of the PandaVPN Services. PandaVPN will not be liable in any way or form for actions done by its users including criminal liability and civil liability for harm executed or not executed. PandaVPN liability is further limited by other provisions of these Terms.
We grant you a permission to use the PandaVPN Services subject to the restrictions set forth in these Terms. Your use of the PandaVPN Services is at your own risk. The PandaVPN Services may be modified, updated, interrupted or suspended at any time without notice or liability. We do not bear any liability for any harm or other adverse consequences to you, caused by this. PandaVPN, its owners, employees, agents and others that are involved with the PandaVPN services are not in any way or form liable for any harm of any kind executed or not executed, resulting from or arising through or from the use of any account registered with PandaVPN services.
PandaVPN guarantees a 99.9% service uptime. In any event, PandaVPN shall not be liable for any loss, monetary or non-monetary harm beyond what the client paid to PandaVPN, and this shall not include attorney fees or court costs irrespective of any laws or statutes that prescribe otherwise.
If you wish to claim a refund, you can do so within 7 days following your purchase of PandaVPN Service. We seek your full satisfaction with our services. However, we would like to troubleshoot an issue you experience first. There are common VPN service configuration issues that may hinder PandaVPN service for you and we resolve most of user issues encountered.
Subscriptions purchased via the iTunes are subject to iTunes refund policies. This means we cannot grant refunds if you purchased an app through iTunes– you will have to contact store support for that.
You have a right to cancel your account at any time. You can unsubscribe from your website profile, iTunes/App Store. Cancelled accounts will not be refunded for the unused part of the ongoing service period.
PandaVPN reserves the right to suspend or refuse service to anyone at any time for any reason. No refunds will be considered for accounts terminated for violation of these Terms.
Intellectual Property Rights
Subject to the terms and conditions of these Terms, we grant you a limited, non-exclusive, personal, non-transferable, non-sublicensable, license to:
- download and use a copy of the PandaVPN software;
- use the PandaVPN Services, including, without limitation, the products and services made available on or through the PandaVPN software or our website. No other right or license of any kind is granted to you hereunder with respect to the PandaVPN Services. The license provided herein is effective until terminated. This license automatically terminates if you fail to comply with these Terms.
The PandaVPN Services, including, but not limited to, the PandaVPN software, mobile application and all other items, are owned and copyrighted by PandaVPN, and are protected worldwide. We retain all right, title and interest in and to the PandaVPN Services and any portion thereof, including, without limitation, all copyrights, trademarks, service marks, 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 PandaVPN Services. All rights are reserved unless otherwise noted.
Prohibited and Restricted Uses
Your access to and use of the PandaVPN Services is subject to these Terms and all applicable laws and regulations. We reserve the right, at any time, in our sole discretion, with or without notice, to terminate the accounts of, and block access to the PandaVPN Services to any users who infringe any applicable laws or these Terms.
While using the PandaVPN Services you agree not to, and agree not assist, encourage, or enable others to use the PandaVPN Services:
1) for unlawful, illicit, illegal, criminal or fraudulent activities, including but not limited to port scanning, sending spam, sending opt-in email, scanning for open relays or open proxies, sending unsolicited e-mail or any version or type of email sent in vast quantities even if the email is routed through third-party servers, any pop-up launching, use of stolen credit cards, credit card fraud, financial fraud, cryptocurrency fraud, cloaking, extortion, blackmail, kidnapping, rape, murder, sale of stolen credit cards, sale of stolen goods, offer or sale of prohibited, military and dual use goods, offer or sale of controlled substances, identity theft, hacking, pharming, phishing, scraping in any form or scale, digital piracy, intellectual property infringements and other similar activities;
2) to assault, interfere, gain unauthorized access, deny service in any way or form to any other network, computer or node through PandaVPN Services;
3) to exploit children in any way, including audio, video, photography, digital content, etc.;
4) to upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
5) to interfere with or attempt to interfere with the proper working of the PandaVPN Services, any transactions being offered in connection with the PandaVPN Services or any other activities conducted by us, disrupt our website or any networks connected to the PandaVPN Services, or bypass any measures we may use to prevent or restrict access to the PandaVPN Services;
6) to exploit the PandaVPN Services in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity;
7) to use any robot, spider, scraper, or other automated means to access our website or PandaVPN Services for any purpose without our prior written permission;
8) to collect or harvest personal information about other users of the PandaVPN Services;
9) to collect or harvest personal data of individuals, without legitimate interest or consent, or in violation of any applicable law;
10) to take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure;
11) to share any data or other content with any unreasonably large number of persons, including without limitation sending blast communications to a large number of recipients or sharing content with persons you do not know or who do not know you;
12) to represent that you are the representative or agent of any of the PandaVPN Services, including any of its functionality;
13) to incorporate the PandaVPN Services or any portion thereof into any other program or product;
14) to copy or reproduce, in any form or by any means, any part of the PandaVPN Services;
15) to modify, translate, reverse engineer, decompile, disassemble, or create any derivative works based on the PandaVPN Services, including any of its files or documentation, or any portion thereof, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the PandaVPN application or any portion thereof;
16) to violate general ethic or moral norms, good customs and fair conduct norms;
17) to violate any third party’s rights, including any breach of confidence, personal data, copyright or any other intellectual property or proprietary right;
18) to threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
19) to attempt to manipulate the PandaVPN name, services or products;
20) to solicit or harvest personal information from or communicate with minors;
21) attempt to gain unauthorized access to the PandaVPN Services, user accounts, computer systems or networks connected to the PandaVPN Services through hacking, password mining, brute force or any other means;
22) to use the PandaVPN Services for any military purpose, including cyberwarfare, weapons development, design, manufacture or production of missiles, nuclear, chemical or biological weapons;
23) to otherwise infringe or circumvent these Terms.
In addition, for users who make use of the bandwidth to download for a long time, which makes the servers abnormal and affects other users, PandaVPN will limit their speed in order to protect IP from being abused.
For the security of your account, non-customized accounts are limited to personal use. Please do not share your account with others. The loss caused by sharing account to others will be borne by you.
We reserve the right to refuse service, suspend accounts or limit access to the PandaVPN Services in our sole discretion. Such suspension or access limitation may be implemented by PandaVPN instantly and without any indication, notice or refund. We may suspend your account for clarification and/or investigation, or request you to explain your actions and provide additional information. If your account has been suspended, you must contact us for further information. We may suspend your user account for a reasonable period of time before we terminate it permanently.
We are under no obligation to enforce the Terms against you. We encourage you to let us know about the violation of these Terms by any PandaVPN users; however, in case of such violations, we may take appropriate action at our sole discretion.
Disclaimer of Warranties
Reasonable efforts are taken to improve the accuracy and integrity of the PandaVPN Services, but we are not responsible for downtime, loss of data, corrupt data, service delay, mistakes, out-of-date information, or other errors. Notwithstanding any other provision of these Terms, we reserve the right to change, suspend, remove, or disable access to the PandaVPN Services, or any functionality comprising a part of the PandaVPN Services at any time without notice. In no event will we be liable for making these changes. As a registered user in good standing, you may be provided with limited service by PandaVPN. We do not warrant, and will not have any liability or responsibility for your use of PandaVPN Services or other the products or services we provide. We may also impose limits on the use of or access to the PandaVPN Services, for any reason and without notice or liability. Our website, products and services may be unavailable from time to time due to human, digital, mechanical, telecommunication, software, and other failures. We cannot predict or control when such downtime may occur and cannot control the duration of such downtime.
We shall not be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, 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.
Choice of Law
This Agreement shall be governed by and construed in accordance with the laws of Seychelles, excluding its rules governing conflicts of law.
Changes to the Terms of Service
We may change our Terms of Service from time to time, without prior notice to you, consistent with applicable privacy laws and principles. Your continued use of the Site or Services constitutes your acceptance of our Terms of Service.
How to Contact US
If you have any questions regarding our Terms of Service and how we handle your information, please feel free to contact us at the following email address: [email protected]