TERMS AND CONDITIONS
LAST UPDATE: April 1, 2024
BEFORE PROCEEDING, PLEASE ENSURE TO THOROUGHLY READ THIS AGREEMENT. BY CLICKING THE “I ACCEPT/AGREE” BUTTON, YOU CONFIRM YOUR ACCEPTANCE. YOUR ACCEPTANCE INDICATES YOUR AGREEMENT TO ABIDE BY THE TERMS AND CONDITIONS STATED HEREIN, ALONG WITH ANY SUBSEQUENT AMENDMENTS THAT MAY BE MADE FROM TIME TO TIME.
1. Acceptance of Terms and Conditions
1.1. Kindly note that umbrellavpn.net (“Websites”) are domain names solely owned by Umbrella VPN, a limited liability company established and operating under Romanian Law (hereinafter collectively referred to as “company,” “us,” or “we”).
1.2. We offer complimentary Virtual Private Network (“VPN”) services to our Free Users (“Free Users”) through a mobile Android app enabling users to anonymize and safeguard their online communications. Therefore, Free Users utilize a mobile app known as "Umbrella VPN," and these terms and conditions are equally applicable to Umbrella VPN on an "as is" basis. Hence, any reference to the Websites or Umbrella VPN shall encompass all unless stated otherwise.
1.3. We extend paid services to our Commercial Users (“Commercial Users”) by granting them access to Premium VPN servers. The terms and conditions governing Commercial Users who purchase Products and Services from the umbrellavpn.net website are similarly applicable on an "as is" basis. Thus, any reference to the Websites or Umbrella VPN shall apply universally unless specified otherwise.
1.4. Your utilization of the Websites is contingent upon your adherence to the following terms and conditions (“Terms and Conditions”), along with any other written agreements between us and you.
1.5. Your use of our Products and Services, including VPN services, permits other electronic communication devices utilizing our Products and Services to be routed through your electronic communication device. By using our services, you consent to the utilization of your electronic communication devices and acknowledge that other electronic communication devices may access your network connections and resources.
1.6. Please be aware that these Terms and Conditions constitute a legally binding agreement between you or any entities you legally represent (“you”) and us. You consent to and agree to abide by these Terms by: (i) creating a user account or other accounts to utilize the Products and Services; (ii) downloading Umbrella VPN or accessing/using its Products and Services; or (iii) electronically agreeing to these Terms and Conditions in any other manner. If you are utilizing the Products and Services on behalf of another legal entity, you are affirming these Terms on behalf of that organization and acknowledging your authority to act on its behalf and bind it to these Terms and Conditions.
1.7. You must be at least eighteen (18) years of age or older to access these Websites.
1.8. Given the dynamic nature of the environment we operate in, we may need to revise these Terms and Conditions periodically: (i) to comply with legal requirements; (ii) to adhere to directives/recommendations from regulatory bodies; (iii) to introduce additional functionality, services, features, technologies, and/or benefits, or to discontinue outdated ones; (iv) to rectify errors and bugs; (v) to clarify these Terms and Conditions; (vi) to prevent misuse or harm; (vii) for any other valid reason (e.g., optimization/compatibility purposes). You understand and agree that it is your responsibility to periodically review these Terms and Conditions to stay informed about current regulations and obligations. Notification of any significant changes affecting your rights or obligations under these Terms and Conditions will be provided in advance through reasonable means (e.g., via email). Unless stated otherwise, each update of these Terms and Conditions becomes effective upon the publication of the amendments.
1.9. Your continued use of the Websites implies acceptance thereof. Furthermore, you retain the option to terminate your association with us at any time following the effective date of the updated Terms by closing your account and/or refraining from accessing our Products, Services, or Websites.
1.10. Continued usage of these Websites post-amendment constitutes full acknowledgment and acceptance of the revised Terms and Conditions. Should you disagree with any amendments, you have the option to terminate your association with us at any time following the effective date of the updated Terms and Conditions by closing your account and/or refraining from accessing the Products, Services, or Websites, as applicable.
1.11. As utilized in these Terms and Conditions, mentions of our “affiliates” encompass, but are not limited to, our proprietors, licensees, assignees, subsidiaries, affiliated entities, officers, directors, suppliers, partners, sponsors, advertisers, and all parties involved in conceiving, producing, and/or delivering these Websites.
1.12. ATTENTION! PLEASE BE INFORMED THAT BY ENGAGING WITH THESE WEBSITES IN ANY MANNER, YOU ARE AGREEING TO BE FULLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND, KINDLY EXIT THE WEBSITES IMMEDIATELY AND CEASE UTILIZING ANY OF OUR PRODUCTS OR SERVICES.
2. Products and Services
2.1. The offerings available for Free Users and Commercial Users (collectively referred to as “Users”) encompass the Websites, along with VPN services accessible through the Umbrella VPN mobile Android app, facilitating user anonymity and online communication protection. These offerings, collectively referred to as “Products” or “Services,” may undergo supplementation or removal periodically without prior notice, unless specifically outlined otherwise in these Terms and Conditions.
2.2. You bear the sole responsibility, at your own expense, for furnishing all necessary equipment to utilize the Websites, including, but not restricted to, a computer, modem, and internet access (inclusive of payment for associated telephone service fees).
2.3. The utilization of Umbrella VPN ensures a stringent no-logs policy for the Services, signifying that user internet activity while using Umbrella VPN Services remains unmonitored, unrecorded, unlogged, unstored, and unshared with any third party. No bandwidth, traffic logs, IP addresses, or browsing data for internet activity are stored from the moment a user commences using the Services. This provision, along with subsequent clauses within this section, is equally applicable to Commercial Users.
2.4. Recognizing the paramount importance of privacy in a virtual private network, the no-logs policy for the Services is enforced through automated processes, ensuring that user activities remain unmonitored, unrecorded, unlogged, unstored, and unshared with any third party.
2.5. It is important to note that the use of a dedicated IP address encrypts internet traffic and conceals the real IP address and virtual location. However, if linked to your email address, specific online activities may be traceable back to your account information.
2.6. Umbrella VPN safeguards personal information through encryption and obscures user metadata by substituting the user's IP address with that of other Umbrella VPN users. This shared address can be utilized by multiple users, ensuring not only individual user data protection but also obscuring user activity patterns, effectively severing the traceable link between users and their online activities.
2.7. Non-Guarantee: While the Company endeavors to provide high-quality Products and/or Services, you acknowledge that specific results cannot be guaranteed from utilizing the Websites or procuring the Products or Services.
2.8. Temporary Interruptions: You acknowledge that temporary interruptions of the Website may occur as normal occurrences beyond our control. Additionally, we have no authority over third-party networks or services employed to furnish you with Products and Services. You accept that the Products and Services available on the Websites are provided "AS IS," and we bear no responsibility for the timeliness, deletion, non-delivery, or failure to retain any user communications or personalization settings.
3. Website Conduct and Member Posting Policies
3.1. User Activity Guidelines: Your usage of the Websites is contingent upon adherence to these Terms and Conditions, along with all pertinent laws and regulations. We retain the right, at our sole discretion, to suspend and/or terminate accounts, Products, and/or Services of any users found in violation of applicable laws or these Terms and Conditions, whether through repeated infractions or a single instance, with or without prior notice.
3.2. Your utilization of the Websites must comply with relevant laws and regulations. You are solely accountable for any comments or posts you contribute to the Websites. You agree not to engage, either directly or indirectly, in the following activities:
i. Engage in unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of privacy, or sexually or violently explicit behavior;
ii. Utilize the Websites for illegal, illicit, criminal, or fraudulent purposes, such as port scanning, spamming, chain letters, phishing, hacking, or distributed denial-of-service (DDoS) attacks;
iii. Employ the Websites for military activities, including cyber warfare or weapons development;
iv. Attempt to gain unauthorized access to networks, computers, or nodes through the Websites;
v. Exploit children in any manner;
vi. Infringe upon copyrights, intellectual property rights, privacy, or other legal rights of the Websites, licensors, or third parties;
vii. Disseminate malware or other computer codes that disrupt or damage computer systems;
viii. Disrupt the integrity or performance of the Websites;
ix. Overload our infrastructure with unreasonable demands;
x. Commercially exploit or distribute the Websites or accounts to third parties;
xi. Utilize automated means to access the Websites without permission;
xii. Replicate the ideas, features, or graphics of the Websites;
xiii. Falsely claim representation of our entity;
xiv. Threaten, stalk, harm, or harass others, or promote discrimination;
xv. Attempt unauthorized access through hacking or other means;
xvi. Violate ethical or moral norms;
xvii. Display disrespectful, threatening, offensive, or malicious behavior;
xviii. Access the Websites if prohibited or suspended from doing so;
xix. Share non-public features of the Websites;
xx. Violate these Terms and Conditions or attempt to circumvent them;
xxi. Impersonate any person or entity associated with us.
3.3. You are prohibited from jeopardizing or interfering with our ownership and rights over the Websites, except as expressly permitted by law and these Terms and Conditions. You are not authorized to:
(i) Reproduce, modify, or distribute the Products, Services, or Websites;
(ii) Reverse engineer or decrypt the Products, Services, or Websites;
(iii) Alter or reproduce the Products, Services, or Websites;
(iv) Transfer or sublicense the Products, Services, or Websites;
(v) Use the Products, Services, or Websites in unauthorized ways;
(vi) Remove or modify proprietary markings or notices.
3.4. We employ automated tools to detect web scraping and prevent Website abuse. Sessions exhibiting irregular patterns may be automatically suspended pending further investigation.
3.5. You are responsible for understanding and complying with relevant laws in jurisdictions concerning your use of the Websites. Your access and use of the Websites are subject to local and international laws and regulations.
3.6. We encourage reporting of violations of these Terms and Conditions by users or third parties. We may take appropriate action, at our discretion, upon such reports.
3.7. No Endorsement and Content Removal: We do not endorse user-uploaded content on the Websites and reserve the right to remove any postings that violate these Terms and Conditions or are deemed harmful, objectionable, or inaccurate, without assuming liability for such material. We do not proactively monitor user comments but reserve the right to remove non-compliant content.
4. Third-Party Websites
4.1. Third-Party Websites and Information: These Websites may redirect or link to other third-party websites or include references to information, products, or services provided by affiliated or unaffiliated third parties. While we strive to collaborate with trusted providers, these websites may occasionally contain content, material, or policies that some individuals may deem inappropriate or objectionable. You acknowledge that we are not accountable for the accuracy, completeness, decency, or legality of content hosted on third-party websites. We do not assume responsibility for errors or omissions in any references on those websites. The inclusion of such links or references is solely for convenience and does not signify our endorsement or association with the third-party website, nor does it imply any warranty, either express or implied.
4.2. Promotions: The Websites may feature advertisements offered by third parties from time to time. You may engage in correspondence with or participate in promotions of advertisers showcasing their products and services on the Websites. Any such correspondence or promotions, including product delivery, payment, or associated terms and conditions, are solely between you and the advertiser. We bear no liability, obligation, or responsibility for any part of such correspondence or promotion. Additionally, we reserve the right to generate revenue from advertisements and promotions.
5. Company Intellectual Property
5.1. Content: In the context of these Terms and Conditions, "content" refers to any information, communications, software, published works, photos, videos, graphics, music, sounds, or other material viewable by users on our Websites.
5.2. Ownership of Content: By accepting these Terms and Conditions, you acknowledge that all content presented on the Websites is protected by intellectual property and proprietary rights within the EU and Romania and is the exclusive property of the company and/or its affiliates.
5.3. Trademarks and Copyrights: Certain custom graphics, icons, logos, and service names are registered trademarks, copyrights, or service marks of the company and/or its affiliates. All other trademarks or service marks are the property of their respective owners. These Terms and Conditions do not grant you any rights to use any trademark, copyright, service mark, or the name of the company or its affiliates.
5.4. No Warranty for Third-Party Infringement: Neither we nor our affiliates warrant or represent that your use of materials displayed on or obtained through the Websites will not infringe upon the rights of third parties.
6. Content You Create
6.1. Your Intellectual Property Rights: Subject to our Privacy Policy, any material transmitted to the Websites or to us, whether by email or other means, will be treated as non-confidential and non-proprietary user content ("User Content"). We retain all rights to the User Content and you grant us and our affiliates a non-exclusive, paid-up, perpetual, worldwide right to use the User Content for any purpose.
6.2. Respect for Intellectual Property: You acknowledge that you hold the copyright or license to any material you submit to us. In cases of alleged infringement by company or User Content, we may remove or disable access to such materials and attempt to contact the submitter.
6.3. Dispute Resolution: If your posted material is removed, you may present your case in writing. We will inform you of any decision changes. If unsatisfied, you may pursue dispute resolution mechanisms available by law or these Terms and Conditions.
6.4. Confidential Information: All communications sent to us are treated as non-confidential and non-proprietary, subject to our Privacy Policy and Cookies Policy. Do not submit confidential information unless mutually agreed upon in writing. Unsolicited ideas or proposals become our property and will not be returned.
7. Privacy and Security
7.1. Login Requirement: To access the Products and Services, you may need to create an account and password. During account setup, our registration page will prompt you for specific personal details ("Registration Information"). You can update your Registration Information periodically as needed. By registering, you affirm that all provided Registration Information is accurate and agree to maintain its accuracy by updating it as necessary.
7.2. Passwords and Security: Upon registering on the Websites, you assume responsibility for safeguarding the security and confidentiality of your password and bear full responsibility for all activities or charges incurred under your account. Therefore, it's essential to take reasonable precautions to prevent unauthorized access to your password and account. Our employees or affiliates will never request your password.
7.3. Disclosure to Third-Party Affiliates: By using the Websites, you authorize us to disclose certain Registration Information about you to third parties. The information collected during your use of the Websites, including Registration Information, is governed by our Privacy Policy, which is incorporated herein by reference.
7.4. Please review our Privacy Policy and Cookies Policy before registering or using the Products, Services, or Websites.
8. Disclaimer of Warranty
8.1. While we strive to enhance the accuracy and integrity of the Products, Services, and Websites, complex software is never entirely free from defects, errors, or bugs. We do not warrant that the Products, Services, or Websites will be entirely free from such issues, including downtime, data loss, or service delays. We reserve the right to modify, suspend, or terminate access to the Products, Services, or Websites at any time, without liability for any resulting changes.
8.2. ALL CONTENT AND PRODUCTS AND SERVICES ON THE WEBSITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. We do not guarantee that the Content or Products and Services will meet your requirements, be uninterrupted, timely, secure, error-free, or that the results obtained from their use will be accurate or reliable.
8.3. YOU ACKNOWLEDGE THAT WE DO NOT CONTROL YOUR USE OF THE PRODUCTS, SERVICES, OR THE WEBSITES, AND WE DO NOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED THROUGH YOUR USE OF THEM. You assume all risks and responsibility for your use of the Products, Services, or the Websites and for any loss of or errors in data or information.
8.4. WE DO NOT WARRANT THAT YOUR USE OF THE PRODUCTS, SERVICES, OR THE WEBSITES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES OR THAT ALL OF THEM WILL BE AVAILABLE OR OPERATE ERROR-FREE OR UNINTERRUPTED.
8.5. The Websites may contain technical or other errors, inaccuracies, or typographical errors. We may modify the content of the Products, Services, or the Websites, including prices and descriptions, at any time without notice. Content or Products and Services may be outdated, and we make no commitment to update such content or offerings.
8.6. YOUR USE OF THE PRODUCTS, SERVICES, OR THE WEBSITES IS AT YOUR OWN RISK. We are not liable for any damage to your computer system or loss of data resulting from such activities.
8.7. Through the Websites, you may engage in commercial transactions with other users or vendors. You acknowledge that such transactions are conducted at your own risk, and we do not warrant them.
8.8. ANY WARRANTY REGARDING TRANSACTIONS THROUGH A THIRD PARTY OR IN CONNECTION WITH THE WEBSITES IS PROVIDED SOLELY BY THAT THIRD PARTY.
8.9. We reserve the right to modify or discontinue the Products, Services, or the Websites, at any time, with or without notice, without liability to you or any third party. Any new features will also be subject to these Terms and Conditions.
9. Limitation of Liability and Indemnification
9.1. Using, transmitting, or retrieving any data and/or content on the internet entails inherent risks, and we advise you to fully comprehend these risks before utilizing the Websites. We disclaim any responsibility for the actions of our users and/or visitors during their access or use of the Websites.
9.2. Please note that your sole recourse and our entire liability, if any, for any claims arising from these Terms and Conditions and your use of the Websites, shall be limited to the amount you paid us in the 12-month period preceding the incident giving rise to liability.
9.3. YOU ACKNOWLEDGE THAT (1) THE FEES YOU PAY FOR USING THE PRODUCTS, SERVICES, AND THE WEBSITES REFLECT THE RISK ALLOCATION STATED IN THESE TERMS AND CONDITIONS, AND THAT (2) WE WOULD NOT HAVE AGREED TO THESE TERMS WITH YOU WITHOUT THE LIMITATIONS ON OUR LIABILITY AS STATED IN THIS SECTION.
9.4. UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITES OR ANY LINKED WEBSITES. ADDITIONALLY, WE SHALL NOT BE LIABLE FOR ANY THIRD-PARTY REPRESENTATIONS REGARDING OUR PRODUCTS AND SERVICES OR CONTENT, OR FOR ASSISTANCE IN FACILITATING COMMERCIAL TRANSACTIONS WITH THIRD PARTIES THROUGH THE WEBSITES, INCLUDING, BUT NOT LIMITED TO, ORDER PROCESSING.
9.5. Please be aware that while we implement security measures to protect the Products, Services, and the Websites, the internet remains an insecure environment, and system reliability may be compromised despite our efforts. Therefore, we cannot be held liable for unforeseeable events such as cyber-attacks, data transmission security breaches, or guarantees concerning data transmission volume and speed. Users are responsible for safeguarding their data, software, equipment, and systems from potential internet-borne malware.
9.6. In cases where the aforementioned limitations of our liability are overridden by other applicable laws and regulations (e.g., consumer protection laws), our liability shall be restricted to the maximum extent permitted by those specific laws and regulations.
9.7. You agree to indemnify, defend, and hold us and our affiliates harmless from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including reasonable attorneys' fees, expert witness fees, and expenses) arising from (i) your breach of these Terms and Conditions; (ii) your (or any other user of your account) use of the Products, Services, or the Websites; (iii) your violation of any applicable laws, rules, and regulations; or (iv) your negligence or willful misconduct in using the Products, Services, or the Websites. We reserve the right, at our expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses.
9.8. We emphasize that we shall not be liable for any delay or disruption to your use of the Products, Services, or the Websites, including any resulting damages, caused by circumstances falling under this clause.
10. Termination of Use
10.1. Basis for Termination. You consent that we reserve the right, at our sole discretion, to terminate or suspend your access to all or part of the Websites, with or without prior notice, for any reason, including but not limited to a breach of these Terms and Conditions. We strictly prohibit any form of abuse or unlawful activity. Moreover, transmission of malware or spam to any user or third party is strictly prohibited. Therefore, any suspected fraudulent, abusive, or illegal activity may result in the termination of your access to the Websites and may be reported to the appropriate authorities.
10.2. No Entitlement to Products and Services upon Termination. Upon termination, regardless of the reasons prompting such termination, your privilege to use the Products and Services offered on the Websites will cease immediately. We shall not be held liable to you or any third party for any claims of damages resulting from any termination or suspension, or any other actions taken by us in connection therewith.
10.3. If you are accessing/downloading the Products, Services, or the Websites from any other store, platform, or marketplace (e.g., Google Play, Amazon Appstore, Microsoft Store, Huawei AppGallery), you acknowledge that you have read, understood, and agreed to the customer terms of use of such stores, platforms, and marketplaces, as we may not be engaged with those parties under similar clauses as these Terms and Conditions.
11. Miscellaneous Provisions
11.1. Explicit Consent for Specific Clauses. In accordance with article 1203 of the Romanian Civil Code, you hereby acknowledge the meaning and scope of, and agree to, the following clauses: 1.6, 1.9, 1.11, 2.9, 4.2, 4.3, 7.1, 7.4, 9, 10, 11, 12.3, and 12.4.
11.2. International Usage. While the Websites may be accessible worldwide, we do not assert that materials on this Website are suitable or available for use in locations outside the EU or EEA territories. Access to our Products, Services, or Websites from sanctioned countries (e.g., Iran, North Korea) is prohibited for legal reasons. Users who choose to access these Websites from other locations do so at their own initiative and risk. Any offer for any product, service, and/or information made in connection with the Websites is void where prohibited.
12. SUBSCRIPTIONS, PRICES, AND AUTO-RENEWALS
12.1. SUBSCRIPTIONS, PRICES, AND AUTO-RENEWALS
Our paid VPN services are provided on a Subscription basis. You can select one of the offered VPN Service packages. The Subscription period begins upon completion of your purchase. For the Android application, payment can only be made through Google Pay. All Subscriptions made through Google Play also entail Subscription renewal and cancellation. For instructions on how to cancel a subscription on Google Play, please refer to Google's instructions.
Please be aware that your subscription will automatically renew for the next same period after its expiration, except for the DAY Subscription, which does not renew automatically.
12.2. The subscription price may be altered by us at our discretion. You can always verify subscription prices on our websites. We will only notify you of any changes to the subscription price by updating the price on the website. If the price changes, the renewal price of the subscription will be adjusted to the new current price, and you will be charged the current (changed) price at the time of automatic renewal of your Subscription.
12.3. By purchasing a subscription, you consent to its automatic renewal and agree to our terms and conditions and privacy policy. As subscriptions are managed through Google Play, we do not store your payment information for automatic renewal. You can also cancel your subscription only through Google Play.
12.4. Uninstalling the application will not automatically cancel your subscription; you must manually cancel it through Google Play.
13. REFUND AND CANCELLATION
13.1. Cancellation: You can cancel your subscription only through Google Play manually.
13.2. Refund: The DAY Subscription cannot be canceled or refunded. WEEK and MONTH Subscriptions can be canceled through Google Play before the new renewal period begins. Refunds for any Subscription cannot be issued.
14. Contact and Notifications.
14.1. If you have any questions regarding the interpretation of these Terms and Conditions, please contact us using the addresses provided below.
14.2. All communication or notifications must be in writing and sent via email. In the latter case, they must be addressed
- by email: to Customer Service at support@umbrellavpn.net
14.3. You agree to allow us to send notices to you via the email address provided or the address we have on file. Any notices or communication under these Terms and Conditions will be deemed delivered to the receiving party: (1) on the delivery date if delivered personally; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by conventional mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.