Legal Terms VPN

Terms of Service
Date: November 2018
 
 
 
These terms of service (the “Terms”) govern your access to and use of BullGuard VPN Services, therefore we kindly ask you to carefully read them before you register, download, install and use the BullGuard VPN Services, which include the BullGuard VPN software, mobile applications and any services that BullGuard Limited (“we,” “us,” “our,” or “BullGuard”) provides through our software, application or otherwise (all of which collectively are referred as the “BullGuard VPN Services”).
 
Please note that the Terms constitute a binding legal agreement between you and BullGuard. By registering for, installing and/or using the BullGuard VPN Services on any platform or device you agree to be bound by these Terms. It is only under these Terms that BullGuard allows visitors / users (the “users”) to use BullGuard VPN Services. If you do not agree to these Terms or any provisions hereof, please do not install and do not use our software, our mobile application and/or any of our products or services.
 
If you are using the BullGuard VPN Services on behalf of an organization, you are agreeing to these Terms for that organization and acknowledging that you have the authority to act on behalf of that organization and commit to these Terms on behalf of that organization.
 
BullGuard VPN Services are transitory digital network communications services, which enhance internet security and privacy. We do not condone any unlawful use of the BullGuard VPN Services. BullGuard VPN Services shall not be used for any criminal, illicit and illegal acts, and you accept and agree not to violate any law of any jurisdiction that you are originating from and any other applicable law. It is your (user’s) 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 BullGuard VPN Services.
 
BullGuard guarantees a strict no-logs policy for BullGuard VPN Services, meaning that your activities using BullGuard VPN Services are provided by automated technical process, are not monitored, recorded, logged, stored or passed to any third party. We do not store connection time stamps, session information, used bandwidth, traffic logs, IP addresses or other communications data. Only basic payment information is processed through our payment processing partners.
 
By using BullGuard VPN Services, you agree to the whole BullGuard Terms of Service including all said general provisions incorporated by reference.
 
BullGuard may modify the Terms from time to time. The Terms are binding from the time that they are updated on our website. It is your responsibility to check and read current Terms periodically. The amendment of Terms may be communicated to you by sending an email and/or by publishing the updated Terms on the BullGuard website.
 
If you have questions or concerns regarding these Terms please contact us shown below.
 
Our services
 
BullGuard VPN Services are transitory digital network communications services, which enhance internet security and privacy. At your individual 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 BullGuard VPN Services. BullGuard 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. BullGuard liability is further limited by other provisions of these Terms.
 
We grant you a permission to use the BullGuard VPN Services subject to the restrictions set forth in these Terms. Your use of the BullGuard VPN Services is at your own risk. The BullGuard VPN 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. BullGuard, its owners, employees, agents and others that are involved with the BullGuard VPN 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 BullGuard VPN Services.
 
The BullGuard VPN Services allow a maximum number of simultaneous connections per account that you have purchased. That includes proxy connections, and each of them counts as a separate slot.
 
BullGuard shall not be liable for any loss, monetary or non-monetary harm beyond what the client paid to BullGuard for the BullGuard VPN Services, and this shall not include attorney fees or court costs irrespective of any laws or statutes that prescribe otherwise.
 
BullGuard collects and processes very limited user data. Further information about user data processing is provided in the Privacy Policy and User Data section of the Terms.
 
No-logs policy
 
BullGuard guarantees a strict no-logs policy for BullGuard VPN Services, meaning that your activities using BullGuard VPN Services are provided by automated technical process, are not monitored, recorded, logged, stored or passed to any third party. We do not store connection time stamps, session information, used bandwidth, traffic logs, IP addresses or other data.
 
BullGuard does not condone or endorse any unlawful, illicit, criminal or fraudulent activities perpetrated by using the BullGuard VPN Services. Therefore, BullGuard reserves the right to suspend or terminate an account in case any violation of the Terms of Service becomes apparent. As BullGuard protects and respects customer privacy, it does not log or track their activity in any way. However, in the eventuality that BullGuard would find out about an offense outside of those means (i.e., a customer would notify BullGuard of them having done so), it would have the right to suspend or terminate the account.
 
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: (1) download and use a copy of the BullGuard VPN access software; and (2) use the BullGuard VPN Services, including, without limitation, the products and services made available on or through the BullGuard VPN access software or our website. No other right or license of any kind is granted to you hereunder with respect to the BullGuard VPN Services. The license provided herein is effective until terminated. This license automatically terminates if you fail to comply with these Terms.
 
The BullGuard VPN Services, including, but not limited to, the BullGuard VPN access software, mobile application and all other items, are owned and copyrighted by (or licensed to) BullGuard, and are protected worldwide. We retain all right, title and interest in and to the BullGuard VPN 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 BullGuard VPN Services. All rights are reserved unless otherwise noted.
 
Minors
 
BullGuard VPN Services may be used by persons aged at least 18 years old. You are disallowed to connect and use the BullGuard VPN Services if you are a minor, a competitor of our business, if you have been or are prohibited to access the BullGuard VPN Services, or if your account has been suspended or closed due to any reason.
 
Payments
 
BullGuard VPN Services are subscribed on a service period basis. You choose the service period and the payment method yourself when you sign up for the BullGuard VPN Services. The BullGuard app for any platform or operating system supported by BullGuard can be downloaded free of charge. Users will have to purchase a paid subscription from BullGuard to connect to the BullGuard VPN Service, except in the case of a limited free trial or certain coupon offers.
 
Your service will automatically be renewed and your chosen payment method will be charged at the end of each service period, repeating the length of the previous service period, unless you decide to cancel your subscription for the BullGuard VPN Services.
 
Renewals
 
Where BullGuard makes available to you the option to automatically renew your subscription to the BullGuard VPN Services, BullGuard will, upon expiration of your subscription to the BullGuard VPN Services, automatically renew your subscription to the BullGuard VPN Services at the then prevailing price, using credit card information you have provided. You will be informed of the expiration of your subscription and of BullGuard’s intent to use your credit card prior to the transaction. You will be given the opportunity to terminate your subscription prior to the transaction. You may also elect not to renew your subscription, at any time during your subscription period, by contacting BullGuard’s customer service department and informing them of your desire not to renew your subscription prior to any such renewal.
 
BullGuard 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.
 
Prohibited and restricted uses
 
Your access to and use of the BullGuard VPN 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 BullGuard VPN Services to any users who infringe any applicable laws or these Terms.
 
While using the BullGuard VPN Services you yourself agree not to, and agree not assist, encourage, or enable others to use the BullGuard VPN 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.  
  3. to assault, interfere, gain unauthorized access, deny service in any way or form to any other network, computer or node through BullGuard VPN Services;
  4.  
  5. to exploit children in any way, including audio, video, photography, digital content, etc.;
  6.  
  7. 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;
  8.  
  9. to interfere with or attempt to interfere with the proper working of the BullGuard VPN Services, any transactions being offered in connection with the BullGuard VPN Services or any other activities conducted by us, disrupt our website or any networks connected to the BullGuard VPN Services, or bypass any measures we may use to prevent or restrict access to the BullGuard VPN Services;
  10.  
  11. to exploit the BullGuard VPN Services in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity;
  12.  
  13. to use any robot, spider, scraper, or other automated means to access our website or BullGuard VPN Services for any purpose without our prior written permission;
  14.  
  15. to collect or harvest personal information about other users of the BullGuard VPN Services;
  16.  
  17. to collect or harvest personal data of individuals, without legitimate interest or consent, or in violation of any applicable law;
  18.  
  19. to take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure;
  20.  
  21. 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;
  22.  
  23. to represent that you are the representative or agent of any of the BullGuard VPN Services, including any of its functionality;
  24.  
  25. to incorporate the BullGuard VPN Services or any portion thereof into any other program or product;
  26.  
  27. to copy or reproduce, in any form or by any means, any part of the BullGuard VPN Services;
  28.  
  29. to modify, translate, reverse engineer, decompile, disassemble, or create any derivative works based on the BullGuard VPN 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 BullGuard VPN application or any portion thereof;
  30.  
  31. to violate general ethic or moral norms, good customs and fair conduct norms;
  32.  
  33. to violate any third party’s rights, including any breach of confidence, personal data, copyright or any other intellectual property or proprietary right;
  34.  
  35. to threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
  36.  
  37. to attempt to manipulate the BullGuard name, services or products;
  38.  
  39. to solicit or harvest personal information from or communicate with minors;
  40.  
  41. attempt to gain unauthorized access to the BullGuard VPN Services, user accounts, computer systems or networks connected to the BullGuard VPN Services through hacking, password mining, brute force or any other means;
  42.  
  43. to use the BullGuard VPN Services for any military purpose, including cyberwarfare, weapons development, design, manufacture or production of missiles, nuclear, chemical or biological weapons;
  44.  
  45. to otherwise infringe or circumvent these Terms.
 
We reserve the right to refuse service, suspend accounts or limit access to the BullGuard VPN Services in our sole discretion. Such suspension or access limitation may be implemented by BullGuard instantly and without any indication, notice or refund. We may suspend your account for clarification, 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 a user account 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 BullGuard VPN Services users; however, in case of such violations we may take appropriate action at our sole discretion.
 
User data
 
You agree to read our Privacy Policy, which explains what type of information we collect and what might happen to that information, including, without limitation, how such information is shared and used. Our Privacy Policy contains information that you should review prior to using the BullGuard VPN Services. Our Privacy Policy will apply to the information we collect, whether or not you choose to read it.
 
We do not log or store any records on user activity using BullGuard VPN Services: however, you are required to create a user account in order to use BullGuard VPN Services, primarily our VPN services. If you choose to create a user account, you must provide some basic information, specifically: valid email address – to send the BullGuard communication, to retrieve a lost password and to make a VPN connection; payment information – we process basic billing information through our payment processing partners for payment processing and refund requests. You must maintain and update this information current, truthful, complete and accurate. You warrant that you are authorized to provide such information. You authorize us to verify your information at any time. If it is found to be untrue, inaccurate, not current or incomplete, we retain the right, in our sole discretion, to suspend or terminate your user account and your access to the BullGuard VPN Services.
 
You are responsible for maintaining the confidentiality of your BullGuard VPN Services account username and password and for restricting access to your account. You may not share your password or other account access information with any other party, temporarily or permanently, and you agree to accept responsibility for all activities that occur under your account or password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your account, username or password, as the case may be.
 
Disclaimer of warranties
 
Reasonable efforts are taken to improve the accuracy and integrity of the BullGuard VPN 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 BullGuard VPN Services, or any functionality comprising a part of the BullGuard VPN 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 BullGuard. We do not warrant, and will not have any liability or responsibility for your use of BullGuard VPN Services or other the products or services we provide. We may also impose limits on the use of or access to the BullGuard VPN 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.
 
THE BULLGUARD VPN SERVICES (INCLUDING, WITHOUT LIMITATION, OUR SOFTWARE, MOBILE APPLICATIONS, SERVICES AND WEBSITE) ARE PROVIDED “AS IS” AND WITH ALL FAULTS. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE BULLGUARD VPN SERVICES. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR USE OF THE BULLGUARD VPN SERVICES, AND WE DO NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE OF THE BULLGUARD VPN SERVICES. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE BULLGUARD VPN SERVICES AND FOR ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE BULLGUARD VPN SERVICES WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, NOR THAT THE BULLGUARD VPN SERVICES WILL BE AVAILABLE FOR YOUR ACCESS OR USE, NOR THAT OPERATION OF THE BULLGUARD VPN SERVICES WILL BE ERROR FREE OR UNINTERRUPTED. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER JURISDICTION.
 
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.
 
Limitation of liability
 
There are inherent risks in relying upon, using, transmitting or retrieving any data and/or content on the Internet, and we urge you to make sure you understand these risks before using the BullGuard VPN Services.
 
YOUR USE OF THE BULLGUARD VPN SERVICES IS AT YOUR OWN RISK. NEITHER BULLGUARD NOR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES, NOR ANY OF THEIR EMPLOYEES, OFFICERS OR DIRECTORS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF BUSINESS, LOST PROFITS, INTERRUPTION OF BUSINESS, COST OF COVER OR ANY OTHER DAMAGES) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE BULLGUARD VPN SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SAVE AS PROHIBITED BY LAW, THE LIABILITY OF BULLGUARD SHALL NOT EXCEED WHAT THE CLIENT PAID TO BULLGUARD FOR THE PROVISION OF THE BULLGUARD VPN SERVICES, AND SHALL NOT INCLUDE LEGAL COSTS OR COURT COSTS IRRESPECTIVE OF ANY LAWS OR STATUTES THAT MAY PRESCRIBE OTHERWISE.
 
Indemnification
 
You agree, at your own expense, to indemnify, defend and hold harmless BullGuard, its parents, subsidiaries and affiliates, and their officers, directors, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees, expert witness fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms, your use of the BullGuard VPN Services, or any of your other acts or omissions.
 
Geographical access
 
The BullGuard VPN Services are not geographically limited; however, we make no representations or warranties that the BullGuard VPN Services are appropriate for use or access in your location and jurisdiction.
 
You access and use the BullGuard VPN Services in your country on your own initiative and you solely are responsible for complying with your local laws and regulations, if and to the extent such laws are applicable. We reserve the right to limit, in our sole discretion, the availability of the BullGuard VPN Services or any portion thereof, to any person, entity, geographic area, or jurisdiction, at any time.
 
Electronic communications
 
You consent to receive communications from us electronically, e.g. by email, application messages, etc. We will communicate with you through the email that you provide. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may communicate to you for the purpose of advising you of changes or additions to the BullGuard VPN Services, about any of our products or services, or for such other purposes that are reasonable or required by applicable law.
 
Miscellaneous
 
We reserve the right to modify and update these Terms at Our sole discretion, at any time, for any or no reason, and without liability, as indicated below. The amendment of Terms may be communicated to you by sending an email and/or by publishing the updated Terms on the BullGuard website at www.bullguard.com/about/legal-terms-vpn.aspx.
 
We also reserve the right to modify, update, or suspend the operation of the BullGuard VPN Services at our sole discretion, at any time, for any or no reason, and without notice or liability.
 
All users of BullGuard VPN Services are obliged to ensure that they are familiar with the most current wording of the Terms. The change of the Terms may be communicated to you by publishing the updated Terms on the BullGuard website, where the date of the most current wording of the Terms is indicated at the top of the web page. Since you agree to be bound by these Terms each time you use the BullGuard VPN Services, please consider reviewing the Terms each time you use the BullGuard VPN Services. Each update of the Terms comes into force as of the moment when it is published on this web page. You understand and agree that any continued use and access to the BullGuard VPN Services after any updates to these Terms are published, means that you voluntarily agree to be bound by the updated Terms.
 
The Terms constitute an agreement between you and us regarding the use of the BullGuard VPN Services. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
 
If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
 
You may not assign or transfer your rights or obligations under these Terms to any third party.
 
These Terms and your use of the BullGuard VPN Services are governed by the laws of England and Wales, without regard to its choice of law provisions. You agree that the courts of England and Wales will have exclusive jurisdiction over any and all disputes arising out of or relating in any way to these Terms or the BullGuard VPN Services.
 
Contact Information
Should you have any questions concerning this Agreement, or if you desire to contact the Company for any reason, please email to mail@bullguard.com or write: BullGuard Limited, 9 Devonshire Square, London, EC2M 4YF, United Kingdom.
 
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