This Terms of Service document (the “Terms”) outlines the terms and conditions of use of the VPN services (the “Services” or “Service”) provided by WANSecurity, Inc. (“PandemicVPN”), which includes, but not limited to, the use of, and access to PandemicVPN’s hardware (the “Hardware”), website (the “Site”), and any current or future software provided by PandemicVPN (the “Software”).
By agreeing to these Terms, you are also agreeing to the Privacy Policy (“Privacy Policy”). Link: https://www.wansec.com/legal/PrivacyPolicy
1. AcceptanceBy using or accessing the Services, you are agreeing on behalf of yourself or those you represent (“you”) to comply with and be legally bound by these Terms in their entirety. These Terms constitute a legally binding agreement (the “Agreement”) between you and PandemicVPN. If you do not agree with any part of the Terms, you may not use our Services.
By creating an account for using our Services, you represent that you are at least eighteen (18) years of age or that you are a valid legal entity, and that the registration information you have provided is accurate and complete.
2. ModificationPandemicVPN may update the Terms from time to time without notice. If you continue to use PandemicVPN’s Services, Hardware, Site, or Software after these changes take effect, then you agree to the revised Terms. The current version of the Terms is available on the Site. You understand and agree that it is your obligation to review these Terms from time to time in order to stay informed on current rules and obligations. Your use of the Services following the changes to these Terms constitutes your acceptance of the changed Terms.
3. Privacy PolicyPandemicVPN is committed to your privacy and does not collect or log browsing history, traffic destination, data content, or DNS queries from Customers using our Services. During your registration, we may collect some sensitive personal information, such as your email address and payment information. We only collect information that are necessary for the proper delivery of the Services.
For the sake of clarity and transparency, we have placed all information related to data collection in a separate document known as the Privacy Policy, which is available on the Site. Please review the Privacy Policy in its entirety to get a clear understanding of how we handle your sensitive data. Link: https://www.wansec.com/legal/PrivacyPolicy
4. SubscriptionsPandemicVPN Services are available to you upon registration on the Site. By subscribing to the Services, you agree to become a subscriber (“Subscriber”) for the period you have elected. A full list of subscription plans and pricing is available on the Site. PandemicVPN reserves the right to amend subscription fees, Hardware fees, or institute new fees at any time upon reasonable advance notice posted on the Site or sent via email. Any changes to the pricing will not affect the Subscriber’s current subscription period and will become effective upon subscription renewal.
When supported by your payment method, plans renew automatically by default at the completion of the billing term. By default, the renewal term is for the same duration as the billing term for the original subscription. The subscription fee will be charged automatically to the payment method you last selected. If you would like to discontinue automatic renewal, you may sign in to the Site and turn off auto-renewal. By default, auto-renewal is turned on when you use a payment method that supports auto-renewal (such as a credit card or Paypal), and turned off when you use a payment method that does not support auto-renewal.
5. Refund PolicyYou may cancel your account with a full refund within 14 days of your initial purchase (“Money Back Guarantee”).
Refunds beyond the 14-day purchase window will be considered, at the sole discretion of PandemicVPN, if a Subscriber can demonstrate that the Service was not available or usable during the subscription period and that reasonable attempts were made to contact PandemicVPN to resolve the issue. In this case, PandemicVPN may provide the Subscriber with a pro-rata refund of service fees paid during the period when the Service was not available or usable.
Refunds are generally processed within seven (7) days, and are made to the original form of payment used for purchase. All refunds are sent in USD and therefore the refund amount could differ from the amount originally paid in local currency.
Any change to the original purchase, such as upgrading to an extended billing term or purchasing additional Services under the same account, shall constitute a waiver of the Money Back Guarantee option. To request a refund under the Money Back Guarantee, send an email with your request to the following email address: support@pandemicvpn.com
6. Acceptable Use PolicyPandemicVPN Services may be accessible and utilized from all around the world, so it is your responsibility to assess whether using the Services, Hardware, Site, or Software is in compliance with local laws and regulations. Whenever you use the Services, Hardware, Site, or Software, you should comply with these Terms and applicable laws, regulations, and policies.
You understand that it is your responsibility to keep your PandemicVPN account information confidential. You are responsible for all activity under your account. If you ever discover or suspect that someone has accessed your account without your authorization, you are advised to inform us immediately so that we may revoke your account credentials and issue new ones.
PandemicVPN aims to provide the best service possible to all of our Subscribers. In that sense, we require that you do not misuse our Services. A misuse refers to any use, access, or interference with the Services contrary to the Terms or applicable laws and regulations.
In order to protect the Services from being misused or used to harm someone, PandemicVPN reserves the right to take appropriate measures when our Services are being used contrary to these Terms and applicable laws. You agree that PandemicVPN may terminate your account, without providing a refund for Services already paid, if you misuse the Services.
In using our Services, you agree not to:
PandemicVPN may provide you with content belonging to Third Parties (“Third Parties”) or links leading to third-party websites. PandemicVPN is not responsible for the availability of the content provided by Third Parties as they are not under the control or supervision of PandemicVPN, and they may have different terms of use and policies. Your access through our Services to any website, service, or content provided by Third Parties does not indicate any relationship between PandemicVPN and such Third Parties.
8. DisclaimersWe will strive to prevent interruptions to the Services. However, these are provided on an “as-is” and “as-available” basis, and we do not warrant, either expressly or by implication, the accuracy of any materials or information provided through the Service, or their suitability for any particular purpose. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, or non-infringement. We do not make any warranty that the Services will meet your requirements, or that it will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. You acknowledge that you access the Services at your sole risk and discretion.
PandemicVPN will attempt to make the Service available at all times. However, the Service may be subject to unavailability for a variety of factors beyond our control, including but not limited to emergencies; third-party-service failures; or transmission, equipment, or network problems or limitations, interference, or signal strength; and may be interrupted, refused, limited, or curtailed. We are not responsible for data, messages, or pages lost, not delivered, delayed, or misdirected because of interruptions or performance issues with the Service, communications services, or networks. We may impose usage or Service limits, suspend Service, terminate VPN accounts, or block certain kinds of usage in our sole discretion to protect Subscribers or the Service. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
PandemicVPN reserves the right to investigate matters we consider to be violations of these Terms. We may, but are not obligated to, in our sole discretion and without notice, remove, block, filter, or restrict by any means any materials or information that we consider to be actual or potential violations of the restrictions set forth in these Terms, and any other activities that may subject PandemicVPN or our customers to liability. PandemicVPN disclaims any and all liability for any failure on our part to prevent such materials or information from being transmitted over the Service and/or into your computing device.
9. Limitations of LiabilityPandemicVPN shall not be liable and shall not have responsibility of any kind to any Subscriber or other individual for any loss or damage that you incur in the event of:
In no event will PandemicVPN, its partners, affiliates, subsidiaries, members, officers, or employees be liable for any direct, special, indirect, consequential, or incidental damages, or for any other loss or damages of any kind, even if they have been advised of the possibility thereof. The foregoing shall not apply to the extent prohibited by applicable law.
10. IndemnificationYou agree to indemnify, defend, and hold harmless PandemicVPN, its officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the Content and Service, including but not limited to your violation of this Agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
11. Choice of LawThis Agreement shall be governed by and construed in accordance with the laws of the United States, excluding its rules governing conflicts of law.
12. ArbitrationIn the event that you have a dispute with PandemicVPN, concerning, relating, or referring to these Terms or Services you agree to first provide us notice of the dispute and a thirty (30)-day cure period during which time we will work to resolve the issue with you, when and if appropriate and reasonable. In the event that the dispute cannot be resolved the dispute shall be resolved exclusively by binding arbitration in accordance with the substantive laws of Kansas, USA, and shall be brought for arbitration in Jackson County, Kansas, USA. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Nothing herein prevents either Party from seeking any interim injunction it deems necessary in order to preserve the status quo prior to the resolution of any dispute, in any jurisdiction.
Final ProvisionsIf any provision in this Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement shall remain in full force and effect. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.
