Terms of Service
The following terms and conditions (the “Terms”) govern your use of the VPN services we provide (the “Service”) and their associated website domains (the “Site”) and apps (the "app"). These Terms constitute a legally binding agreement (the “Agreement”) between you and fondolVPN.
Activation of your account constitutes your agreement to be bound by the Terms and a representation that you are at least eighteen (18) years of age, and that the registration information you have provided is accurate and complete.
fondolVPN may update the Terms from time to time without notice. Any changes in the Terms will be incorporated into a revised Agreement that we will post on the Site. Unless otherwise specified, such changes shall be effective when they are posted. If we make material changes to these Terms, we will aim to notify you via email or when you login at our Site.
By subscribing to the Service you agree to become a subscriber for the period you have elected (such as 1 month, 6 months or 1 year) for the number of licenses you choose.
All plans renew automatically at the completion of the billing term. The renewal term is by default for the same duration as the billing term for the original subscription. The subscription fee will be charged automatically to the payment method you have selected. If you would like to discontinue automatic renewal, you can login to your itunes account on the iphone and disable the subscription.
Each license purchased is a single user account. If you require access for multiple users, you should purchase a new license for each additional user.
A single license may be installed and activated on multiple computers, mobile devices, consoles, and routers that you own. However, a single license may be used simultaneously by only 1 computer, 1 mobile device (such as a tablet or smartphone), 1 streaming media console, and 1 wireless router. Simultaneous logins from a single license by more than one individual user are prohibited.
2. Usage Policy
You agree to comply with all applicable laws and regulations in connection with your use of this service.
You are responsible for maintaining the confidentiality of your security credentials, activation codes, and/or passwords (if any) and are liable for any harm resulting from disclosing or allowing disclosure of these credentials.
You further agree that you, or anyone using the service under your account, will not engage in any of the following activities, and that any of the following activities constitute grounds for termination of your account:
- Sending or transmitting unsolicited advertisements or content ("spam") over the Service, via e-mail or any other communication channel.
- Sending, transmitting or receiving any illegal content over the Service, including but not limited to child pornography, whether via e-mail, peer-to-peer file sharing, or any other electronic communication channel.
- Uploading, downloading, posting, reproducing, or distribution of any content protected by copyright, or any other proprietary right, without first having obtained permission of the owner of the proprietary content.
- Engaging in any conduct that restricts or inhibits any other subscriber from using or enjoying the Service.
- Attempting to access, probe, or connect to computing devices without proper authorization (i.e., any form of “hacking”).
- Posting to or transmitting through the Service any unlawful, harmful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that may constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, national or international law.
- Using the Service for anything other than lawful purposes.
Violations of this Usage Policy may result in termination of your account, without any refund of amounts previously paid for the Service. Additionally, you may be held responsible for any and all damages incurred by fondolVPN, including any amounts charged by any outside entity due to said violation(s), including without limitation attorney’s fees and costs.
fondolVPN enables you to download software, software updates or patches, or other utilities and tools onto your computer or Internet-enabled device ("Software"). fondolVPN grants to you a non-exclusive, limited license to use the Software solely for the purpose stated by fondolVPN at the time the Software is made available to you and in accordance with these Terms. Modifying, distributing to unauthorized parties, reverse engineering, or otherwise using the Software in any way not expressly authorized by fondolVPN, is strictly prohibited.
We are committed to your privacy and do not collect or log traffic data or browsing activity from individual users connected to our VPN.
When you register on the Site you will be asked to provide certain personal information, including your billing and e-mail address and payment information. We will store this information, but will not share it with any third parties except as necessary to provide the features of the Service. For example, we may store your personal information on a third party server or we may use a third party analytics tool to understand how our Service is being used by customers. We will use your contact details to send you notifications about the Service and to respond to customer support requests. You may access and change your personal information by logging in to the Site.
In addition, we may collect the following information: times when connected to our service, choice of server location, and the total amount of data transferred per day. We store this to be able to deliver the best possible network experience to you. We analyze this information generically and keep the data secure.
Our software may send diagnostic data to a third party analytics provider for the purpose of identifying connection errors and possible bugs in our application. The information collected is generic in nature and does not contain personally identifying information.
We use third party cookies, pixels and website analytics tools to track sales promotions or advertisements and to understand which pages on the Site receive visitors.
We will strive to prevent interruptions to the Site and the Service. 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 Site or 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 Service 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 Site and the Service at your own discretion and risk.
We do not control, nor are we responsible for, any data, content, services, or products (including software) that you access, download, receive or buy while using the Service. We may, but do not have any obligation to, block information, transmissions or access to certain information, services, products or domains to protect the Service, our network, the public or our users. We are not a publisher of third-party content accessed through the Service 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.
VPN service coverage, speeds, server locations and quality may vary. fondolVPN 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, 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 or communications services or networks. We may impose usage or service limits, suspend service, or block certain kinds of usage in our sole discretion to protect users or the Service. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
fondolVPN does not as a matter of ordinary practice actively monitor user sessions for inappropriate behavior, nor do we maintain direct logs of customers' Internet activities. However, fondolVPN 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 fondolVPN or its customers to liability. fondolVPN disclaims any and all liability for any failure on its part to prevent such materials or information from being transmitted over the Service and/or into your computing device.
5. Limitations of Liability
fondolVPN shall not be liable and shall not have responsibility of any kind to any user for any loss or damage that you incur in the event of: (i) any failure or interruption of the Site or Service; (ii) any act or omission of any third party involved in making the Site or Service or the data contained therein available to you; (iii) any other cause relating to your access or use, or inability to access or use, any portion of the Site or its Content; (iv) your interactions on the Site or Service; (v) your failure to comply with this Agreement; (vi) the cost of procurement of substitute goods and services, or (vii) unauthorized access to or alteration of your transmissions or data, whether or not the circumstances giving rise to such cause may have been within the control of fondolVPN or of any vendor providing software, services or support for the Site or Service. In no event will fondolVPN, its partners, affiliates, subsidiaries, members, officers or employees be liable for any direct, special, indirect, consequential or incidental damages or 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.
You are responsible for paying all fees and charges of any third party vendors whose sites, products or services you access, buy or use via the Service. If you choose to use the Service to access websites, services or content, or purchase products from third parties, your personal information may be available to the third-party provider. 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 ours. We have no responsibility for third party provider policies, or their or your compliance with them. If you elect to download or otherwise enable any software, including any "client software" designed to facilitate your access of the Service, you shall be solely responsible for, and shall be deemed to have reviewed and, to the extent applicable, acknowledged, accepted or waived, any disclosures, notices or options otherwise made available to you for viewing as part of the installation process for the Service.
You agree to indemnify, defend, and hold harmless fondolVPN, 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 Site 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.
7. Choice of Law
This Agreement shall be governed by and construed in accordance with the laws of the British Virgin Islands, excluding its conflicts of law rules. If 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.
All disputes arising out of or relating to this Agreement or the use of the Site or the Service shall be finally settled under the Rules of Arbitration of the International Centre for Dispute Resolution (ICDR) by one arbitrator (“Arbitrator”) appointed in accordance with said Rules. The arbitration shall be conducted in Road Town, Tortola, British Virgin Islands, unless the parties agree otherwise in a writing signed by all parties to the arbitration.
The Arbitrator must be qualified and have a background in the area of computer networks, including but not limited to the Internet.
The Arbitrator shall have the authority to permit an expedited exchange of documents, but any discovery shall be limited to document requests and interrogatories. The Arbitrator shall have no power or authority to add to or detract from this Agreement, and the costs of the arbitration shall be borne equally, except as described below.
The arbitration shall be conducted on an expedited schedule. The arbitration must be concluded, and an award issued, no later than one hundred and twenty (120 days) following the filing of the demand for arbitration, unless all parties to the arbitration proceeding agree in writing to an extension of time or continuance.
Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Site or Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred.
In the event fondolVPN is the respondent in any such arbitration, damages awarded against fondolVPN may not exceed the amount you have paid fondolVPN for use of the Service.
The Arbitrator shall have the authority to grant any temporary, preliminary or injunctive relief in a form substantially similar to that which would otherwise be granted by a court of law. The Arbitrator shall have no authority to award punitive damages. The resulting arbitration award may be enforced, or injunctive relief may be sought, in any court of competent jurisdiction in the British Virgin Islands. Reasonable costs (including all costs of arbitration) and attorney’s fees shall be awarded against the party that commenced the arbitration, in the event that party is does not prevail in the arbitration.
The parties subject to this arbitration provision include fondolVPN, its officers, directors and employees, and any company or legal entity which is a parent, subsidiary or sister company to fondolVPN, or with which fondolVPN has contracted to provide services to subscribers through fondolVPN.