Your use of Astrill's products, software, services and web sites (referred to collectively as the "Services" in this document and excluding any services provided to you by Astrill under a separate written agreement) is subject to the terms of a legal agreement between you and Astrill. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
Unless otherwise agreed in writing with Astrill, your agreement with Astrill will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Universal Terms".
Your agreement with Astrill will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Astrill in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".
If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
Accepting the Terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
You can accept the Terms by:
clicking to accept or agree to the Terms, where this option is made available to you by Astrill in the user interface for any Service; or
by actually using the Services. In this case, you understand and agree that Astrill will treat your use of the Services as acceptance of the Terms from that point onwards.
Language of the Terms
Where Astrill has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Astrill.
If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
Provision of the Services by Astrill
Astrill has subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Services to you on behalf of Astrill itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
Astrill is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Astrill provides may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that Astrill may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Astrill's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Astrill when you stop using the Services.
You acknowledge and agree that if Astrill disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
Astrill VPN software runs only on Intel / AMD based computers, Android and Apple iPhone/iPad. Other CPUs (such as ARM or PowerPC) are not supported.
Astrill's IP addresses change from time to time. Astrill does not guarantee static / fixed / non-changing IPs on any VPN servers. Dedicated IPs are also subject to occasional change / swap, but it happens rarely.
Use of the Services by you
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
Astrill Services may not be used in the following countries:
Belarus, Burma, Benin, Burkina Faso, Cameroon, Cote D'Ivoire, Cuba, Democratic Republic of Congo, Ghana, Iran, Iraq, Liberia, Niger, Nigeria, North Korea, Senegal, Sudan, Syrian Arab Republic, Togo and Zimbabwe. If you have signed up from within these countries by cheating our signup procedure (for example using proxies to hide your real location), your account will be terminated and money NOT refunded.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). This includes but is not limited to spamming, hacking, network attacks. Using Astrill service with any automated tools (for example but not limited to web crawlers, SEO tools, web spamming tools etc...) is not allowed.
Unless you have been specifically permitted to do so in a separate agreement with Astrill, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that Astrill has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Astrill may suffer) of any such breach.
Astrill account is untransferable. You can use it only on your own devices. You may not rent or share your Astrill account. You can use Astrill account on five physical devices at the same time unless otherwise stated in your active plan. The only limitation is that Astrill VPN can not be used on 2 or more routers at the same time, just one connected router per account is allowed.
Astrill Personal VPN is for personal use only. If you wish to use Astrill for business purposes, you must have our Business Solution. You can contact us at firstname.lastname@example.org for more details.
Astrill Business VPN sub-accounts can each be used on one desktop (PC, laptop, MacBook) and one mobile device at the same time.
VIP add-on gives access to Astrill VIP VPN Server Network. Traffic used on these servers is counted and your usage of these servers is limited to the amount of traffic you purchase with your VIP add-on. Traffic packages are counted per calendar month and counters reset every 1st day of month at midnight GMT. When you purchase new VIP add-on or you upgrade your traffic quota other day than the 1st of every month, the available traffic for the month of purchase will be reduced accordingly. That is if you buy 100GB / month package on 28th January, you will get only 4/31 * 100 GB of VIP traffic allowed in the rest of January. Similarly if your membership ends on the 1st of June, you can only use 1/30th of your current VIP traffic quota package.
Some product features advertised on our website (such as but not limited to Smart Mode) and certain protocols may be unavailable in your country. For complete details about availability of individual features please ask our support. By purchasing Astrill membership you agree that some features / protocols / devices supported may be limited without prior notice. Such change of available services is not a valid reason for full nor partial refund.
Privacy and your personal information
You agree to the use of your data in accordance with Astrill's privacy policies.
Content in the Services
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content."
You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Astrill (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Astrill or by the owners of that Content, in a separate agreement.
Astrill reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
You agree that you are solely responsible for (and that Astrill has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Astrill may suffer) by doing so.
You acknowledge and agree that Astrill (or Astrill's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Unless you have agreed otherwise in writing with Astrill, nothing in the Terms gives you a right to use any of Astrill's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
If you have been given an explicit right to use any of these brand features in a separate written agreement with Astrill, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Astrill's brand feature use guidelines as updated from time to time.
Astrill acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Astrill, you agree that you are responsible for protecting and enforcing those rights and that Astrill has no obligation to do so on your behalf.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by Astrill, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
License from Astrill
Astrill gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Astrill as part of the Services as provided to you by Astrill (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Astrill, in the manner permitted by the Terms.
Subject to section 1.2, you may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Astrill, in writing.
Subject to section 1.2, unless Astrill has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
Content license from you
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services.
The Software which you use may automatically download and install updates from time to time from Astrill. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Astrill to deliver these to you) as part of your use of the Services.
Ending your relationship with Astrill
The Terms will continue to apply until terminated by either you or Astrill as set out below.
Astrill may at any time, terminate its legal agreement with you if:
you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
Astrill is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
the partner with whom Astrill offered the Services to you has terminated its relationship with Astrill or ceased to offer the Services to you; or
Astrill is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
the provision of the Services to you by Astrill is, in Astrill's opinion, no longer commercially viable.
Nothing in this Section shall affect Astrill's rights regarding provision of Services under Section 4 of the Terms.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Astrill have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 19.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT ASTRILL'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
IN PARTICULAR, ASTRILL, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASTRILL OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
ASTRILL FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN PARAGRAPH 13.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ASTRILL, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
ANY CHANGES WHICH ASTRILL MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
YOUR FAILURE TO PROVIDE ASTRILL WITH ACCURATE ACCOUNT INFORMATION;
YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE LIMITATIONS ON ASTRILL'S LIABILITY TO YOU IN PARAGRAPH 14.1 ABOVE SHALL APPLY WHETHER OR NOT ASTRILL HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
The Services may include hyperlinks to other web sites or content or resources. Astrill may have no control over any web sites or resources which are provided by companies or persons other than Astrill.
You acknowledge and agree that Astrill is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that Astrill is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Changes to the Terms
Astrill may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Astrill will make a new copy of the Universal Terms available at /tos and any new Additional Terms will be made available to you from within, or through, the affected Services.
You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Astrill will treat your use as acceptance of the updated Universal Terms or Additional Terms.
General legal terms
Sometimes when you use the Services, you may (as a result of, or in connection with your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
The Terms constitute the whole legal agreement between you and Astrill and govern your use of the Services (but excluding any services which Astrill may provide to you under a separate written agreement), and completely replace any prior agreements between you and Astrill in relation to the Services.
You agree that Astrill may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
You agree that if Astrill does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Astrill has the benefit of under any applicable law), this will not be taken to be a formal waiver of Astrill's rights and that those rights or remedies will still be available to Astrill.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
You acknowledge and agree that each member of the group of companies of which Astrill is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
The Terms, and your relationship with Astrill under the Terms, shall be governed by the laws of Seychelles without regard to its conflict of laws provisions. You and Astrill agree to submit to the exclusive jurisdiction of the courts located within Seychelles to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Astrill shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.person or company shall be third party beneficiaries to the Terms.