SURFSHARK TERMS OF SERVICE

Thank you for visiting Surfshark! Please read the following information carefully. These Terms of Service govern your access to and use of all Surfshark Services. This is a binding agreement. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SERVICE, DO NOT ACCESS OR USE THE WEBSITE OR OUR SERVICES. BY ACCESSING OR USING THE WEBSITE AND OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE.

We may change these Terms of Service from time to time. We will post a notice on the Surfshark Site any time these Terms of Service have been amended or updated substantially. It is your responsibility to review these Terms of Service periodically, and if at any time you find these Terms of Service unacceptable, you must immediately leave the Surfshark Site and cease all use of our Services.

When you agree to use our Services, which includes, but is not limited to: the use of our servers, routers, IP addresses, protocols, add-ons, software, applications, extensions, and other equipment, you agree to accept these Terms.

If you have a specific question, feel free to click to the appropriate section below:

1. What services does Surfshark provide?

Surfshark provides virtual private network (VPN)services, which includes, but is not limited to VPN software, extension, application and other related services (“Services”). A VPN is a secure way to protect your online activities by encrypting your data connection. Thus, third parties are unable to monitor your network traffic, such as websites, downloaded files, or other used internet services. With Surfshark you can connect to different VPN servers worldwide to ensure the privacy of your location.

No-logs Policy is one of the most important features of our Services. It means your activities are not in any way logged, retained, or transferred to third parties when you connect to our Services. We do not collect IP addresses, browsing history, session information, used bandwidth, connection time stamps, network traffic and other similar data. We can ensure such policy as we are based in British Virgin Islands, which does not require data storage or reporting, and processes related to provision of our Services are automated. Moreover, only very limited user data collected from or provided by you is processed in order to provide Services to you. More information on what information is collected about you and how it is used can be found in our Privacy Policy at https://surfshark.com/privacy-policy/. Our Privacy Policy is incorporated herein by reference.

We do not approve any unlawful, illicit, criminal or fraudulent activities committed by using Surfshark Services. As we are not logging any information about your activities, you are using the Surfshark Services at your own risk. Surfshark will not be liable in any way or form for illegal actions done by you arising through or from the use of our Services.

2. Do I have to create an account?

Yes. In order to use the Surfshark Services, you must set up an account. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your account, with or without authorization, or who has access to any computer on which your account resides or is accessible.

3. What happens if I share or lose my account information?

If you open an account to use or access the Services, you must complete the registration process by providing the complete and accurate information requested on the registration form. You may be asked to provide a user name (i.e. e-mail address) and password. You are entirely responsible for maintaining the confidentiality of your password. You may share your account, username, or password with your family and friends only. You may not sell, or trade that Account to any other person.

You agree to notify us immediately of any unauthorized use of your account, user name, or password. We are not liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Surfshark, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password. We reserve the right to terminate your account at anytime.

4. What is Surfshark payment and refund policy?

You can subscribe to Surfshark Services on a service period basis. After signing up for Surfshark Services you may choose payment method. Some our Services are free, however, in order to use them you still have to sign up.

Surfshark Services renew automatically for the same length at the end of each service period and you are charged according to your chosen payment method.

Your satisfaction in our Services is our main goal. If you choose not to use our Services anymore, we guarantee you a right to claim a refund within 30 days following your subscription of our Services. However, we would like to solve your issue before you decide to cancel our subscription, therefore you are always welcome to reach out to us at [email protected].

If you purchase our subscription through iTunes/App Store – we are not able to grant you a refund, as subscriptions purchased via the iTunes/App Store are subject to iTunes/App Store refund policies. In such case you would have to contact specific store for a refund.

Payments made using prepaid cards or gift cards are not refunded. For payments made in cryptocurrency, the equivalent amount in US Dollars is refunded in the same cryptocurrency (based on the rate of exchange at the moment of refund).

You have a right to cancel your account at any time, however cancelled accounts will not be refunded for the unused part of the ongoing service period. No refunds will be considered for accounts terminated for violation of these Terms.

All payments processed by third party providers, such as PayPal, and others (see our Privacy Policy), are being handled by Lanifas LTD.

5. What age do I have to be to use this Website or your Services?

Surfshark is not intended for users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using portions of the Website and our Services for which registration is required; any information submitted by such users will not knowingly be used, posted, or retained.

6. How do I comply with intellectual property laws?

Nothing posted on the Website grants a license to any Surfshark trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel or otherwise. You should assume that everything you see or read on the Website is proprietary information protected by copyright or trademark unless otherwise noted, and may not be used except with the written permission of Surfshark. When accessing the Website or using our Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Website or our Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.

You shall not, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way. You shall not build a product using similar ideas, features, functions or graphics of the Service or copy any ideas, features, functions or graphics of the Services.

7. What activities are prohibited?

By using our Services you shall not:

  • Use our Services for any illegal use, such as transmitting any illegal material that would constitute a criminal offense as per the local, state, national or international law or regulation;
  • Transmit any content that is unlawful, harmful, threatening, abusive, harassing, torturous, or that can be deemed objectionable in a court of law;
  • Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information;
  • Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
  • Send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
  • Interfere with or disrupt the integrity or performance of the Service or the data contained therein;
  • Attempt to gain unauthorized access to the Service or its related systems or networks;
  • Misrepresent or to act on behalf of others;
  • Alter the attribution of origin in electronic mail messages or posting;
  • Use the Service for anything other than lawful purposes;
  • Use Surfshark to mask your identity for illegal or malicious purposes;
  • Distribute copyright-protected material through our servers;
  • Take any action that results in an unreasonable load on Surfshark’s infrastructure;
  • Use any 3rd party software to interfere with or attempt to interfere with the Services;
  • Download or transmit any material that is libelous, defamatory, discriminatory or otherwise malicious or harmful to any person or entity; or use our Services to serve pop-ups ads.
  • You shall at all times abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data. If Surfshark is contacted with a complaint regarding or arising from your use of the Services, Surfshark may deem your usage in violation of this Agreement and terminate your account without notice.

8. Do you link to third party sites?

Surfshark may link to or be linked from other websites that are not maintained by, or related to, Surfshark. Surfshark does not endorse, and is not responsible for, the content of any of those third-party websites. You acknowledge that Surfshark has not reviewed and does not endorse the content of all sites linked to from this Website and is not responsible for the content or actions of any other sites linked to from this Website. We do not promise that the contents of any linked site are accurate, compliant with local, state or federal law, including any intellectual property laws. Your use of any linked site is at your own risk and you assume all responsibilities and consequences resulting from such reliance.

9. Disclaimers and Limitations on Liability.

SURFSHARK PROVIDES ITS WEBSITE AND SERVICES TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. Surfshark cannot guarantee that the Services or its content is error free and makes no representations about the technical accuracy or functionality of the Services or that the content is accurate, error free or up to date. Actual service coverage, speeds, locations and quality may vary. Surfshark makes no representations – your use the Services is at your sole risk. We also do not guarantee that the Services is free from viruses or other harmful components.

SURFSHARK AND ITS AFFILIATES, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR USE OF THE SERVICES, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE OR OUR SERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE WEBSITE OR OUR SERVICES, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You hereby agree to release service provider, its affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (“claims”), arising out of or in any way connected with your use of this Website or our Services.

10. Indemnity.

You agree to indemnify, defend, and hold harmless Surfshark, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Website or our Services, your violation of these Terms of Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

11. What governing law applies?

These Terms of Service shall be construed in accordance with and governed by the laws of the British Virgin Islands, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of of British Virgin Islands in all disputes arising out of or related to the use of the Website or our Services.

12. Whom should you contact with questions or concerns?

If you have any questions or comments relating to Surfshark Services or this Terms of Service send an email to [email protected]

13. When was Terms of Service last updated?

September 21, 2018.