Terms of service
Last updated 13 April 2018
Thank you for your interest in Surfshark!
These terms of service (the “Terms”) govern your access to and use of Surfshark services, therefore we kindly ask you to carefully read them before you register, download, install and use the Surfshark services, which include the Surfshark software, Surfshark mobile applications and any services that Surfshark (“we,” “us,”, “our” or “Surfshark”) provides through our software, application or otherwise (all of which collectively are referred as the “Surfshark Services”).
Please note that the Terms constitute a binding legal agreement between you and Surfshark. By registering for, installing and/or using the Surfshark Services on any platform or device you agree to be bound by these Terms. It is only under these Terms that Surfshark allows users to use Surfshark 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 Surfshark 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.
Surfshark Services are transitory digital network communications services, which enhance internet security and privacy. We do not condone any unlawful use of the Surfshark Services. Surfshark 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 Surfshark Services.
Surfshark guarantees a strict no-logs policy for Surfshark services, meaning that your activities using Surfshark 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.
The Terms also include the following general provisions, and you may jump to each by selecting the links below:
THE SURFSHARK SERVICES
PAYMENTS AND REFUNDS
PROHIBITED AND RESTRICTED USES
WARRANTS, GOVERNMENT SUBPOENAS OR NATIONAL SECURITY INQUIRIES
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITY
By using Surfshark Services, you agree to the whole Surfshark Terms of Service including all said general provisions incorporated by reference.
Surfshark may modify the Terms from time to time. The Terms are binding from the time that it is 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 Surfshark website.
If you have questions or concerns regarding these Terms, please contact us at [email protected]
THE SURFSHARK SERVICES
Surfshark 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 Surfshark Services. Surfshark 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. Surfshark liability is further limited by other provisions of these Terms.
Surfshark Services may be used by persons aged at least 18 years old. You are disallowed to connect and use the Surfshark Services if you are a minor, a competitor of our business, or if you have been or are prohibited to access the Surfshark Services, or if your account was suspended or closed due to any reason.
We grant you a permission to use the Surfshark Services subject to the restrictions set forth in these Terms. Your use of the Surfshark Services is at your own risk. The Surfshark 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. Surfshark, its owners, employees, agents and others that are involved with the Surfshark 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 Surfshark services.
Surfshark guarantees a 99.9% server uptime. In any event, Surfshark shall not be liable for any loss, monetary or non-monetary harm beyond what the client paid to Surfshark, and this shall not include attorney fees or court costs irrespective of any laws or statutes that prescribe otherwise.
Surfshark guarantees a strict no-logs policy for Surfshark Services, meaning that your activities using Surfshark 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.
Surfshark does not condone or endorse any unlawful, illicit, criminal or fraudulent activities perpetrated by using the Surfshark Services. Therefore, Surfshark reserves the right to suspend or terminate an account in case any violation of the Terms of Service becomes apparent. As Surfshark protects and respects customer privacy, it does not log or track their activity in any way. However, in the eventuality that Surfshark would find out about an offense outside of those means (i.e., a customer would notify Surfshark of them having done so), it would have the right to suspend or terminate the account.
As a condition to your use of the Surfshark Services, you agree not to use the Surfshark Services for any unlawful, illicit, illegal, criminal or fraudulent activities. 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 Surfshark Services to, any users who infringe any applicable laws or these Terms.
Subject to the terms and conditions of these Terms, we grant you a limited, non-exclusive, personal, nontransferable, non-sublicensable, license to: (1) download and use a copy of the Surfshark software; and (2) use the Surfshark Services, including, without limitation, the products and services made available on or through the Surfshark software or our website. No other right or license of any kind is granted to you hereunder with respect to the Surfshark Services. The license provided herein is effective until terminated. This license automatically terminates if you fail to comply with these Terms.
The Surfshark Services, including, but not limited to, the Surfshark software, mobile application and all other items, are owned and copyrighted by Surfshark, and are protected worldwide. We retain all right, title and interest in and to the Surfshark 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 Surfshark Services. All rights are reserved unless otherwise noted.
PAYMENTS AND REFUNDS
Surfshark Services are subscribed on a service period basis. You choose the service period and the payment method yourself when you sign up for the Surfshark Services.
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 Surfshark Services.
If you wish to claim a refund, you can do so within 30 days following your purchase of Surfshark Service. We seek your full satisfaction with our services. However, we would like to troubleshoot an issue you experience first. There are common VPN service configuration issues that may hinder Surfshark service for you and we resolve most of user issues encountered.
Subscriptions purchased via the iTunes/App Store are subject to iTunes/App Store refund policies. This means we cannot grant refunds if you purchased an app through iTunes/App Store – you will have to contact store support for that. Payments made using pre-paid cards or gift cards will not be refunded.
You have a right to cancel your account at any time. You may notify us of your wish to cancel your subscription by contacting our customer service center. You can cancel a recurring subscription from iTunes/App Store or Google Play Store profile. Cancelled accounts will not be refunded for the unused part of the ongoing service period.
Surfshark reserves the right to suspend or refuse service to anyone at any time for any violation of these Terms. No refunds will be considered for accounts terminated for violation of these Terms.
PROHIBITED AND RESTRICTED USES
Your access to and use of the Surfshark Services is subject to these Terms and all applicable laws and regulations.
While using the Surfshark Services you yourself agree not to, and agree not assist, encourage, or enable others to use the Surfshark 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, 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) to assault, interfere, gain unauthorized access, deny service in any way or form to any other network, computer or node through Surfshark Services; (3) to exploit children in any way, including audio, video, photography, digital content, etc.; (4) 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; (5) to interfere with or attempt to interfere with the proper working of the Surfshark Services, any transactions being offered in connection with the Surfshark Services or any other activities conducted by us, disrupt our website or any networks connected to the Surfshark Services, or bypass any measures we may use to prevent or restrict access to the Surfshark Services; (6) to exploit the Surfshark Services in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity; (7) to use any robot, spider, scraper, or other automated means to access our website or Surfshark Services for any purpose without our prior written permission; (8) to collect or harvest personal information about other users of the Surfshark Services; (9) to collect or harvest personal data of individuals, without legitimate interest or consent, or in violation of any applicable law; (10) to take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure; (11) 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; (12) to impersonate any person or entity or falsely state or otherwise misrepresent your identity, or affiliation with a person or entity (13) to represent that you are the representative or agent of any of the Surfshark Services, including any of its functionality; (14) to incorporate the Surfshark Services or any portion thereof into any other program or product; (15) to fake your identity or gain access to services or resources that are restricted to your original identity; (16) to allow any other person or third party to use your Surfshark account, including sharing of user account, user account passwords or access codes; (17) to copy or reproduce, in any form or by any means, any part of the Surfshark Services; (18) to modify, translate, reverse engineer, decompile, disassemble, or create any derivative works based on the Surfshark 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 Surfshark application or any portion thereof; (19) to distribute, license, transfer, or sell, in whole or in part, any of the Surfshark Services or any derivative works thereof; (20) to use the Surfshark Services to advertise or perform any commercial solicitation; (21) to violate general ethic or moral norms, good customs and fair conduct norms; (22) to violate any third party’s rights, including any breach of confidence, personal data, copyright or any other intellectual property or proprietary right; (23) to threaten, stalk, harm, or harass others, or promote bigotry or discrimination; (24) to attempt to manipulate the Surfshark name, services or products; (25) to solicit or harvest personal information from or communicate with minors; (26) attempt to gain unauthorized access to the Surfshark Services, user accounts, computer systems or networks connected to the Surfshark Services through hacking, password mining, brute force or any other means; (27) to use the Surfshark Services for any military purpose, including cyberwarfare, weapons development, design, manufacture or production of missiles, nuclear, chemical or biological weapons; (28) to otherwise infringe or circumvent these Terms.
We reserve the right to refuse service or suspend accounts or limit access to the Surfshark Services in our sole discretion. Such suspension, or access limitation may be implemented by Surfshark 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. While we encourage you to let us know about the violation of these Terms by any Surfshark users; however, in case of such violations we may take appropriate action at our sole discretion.
WARRANTS, GOVERNMENT SUBPOENAS OR NATIONAL SECURITY INQUIRIES
We may be prohibited by applicable law in certain jurisdictions to inform you about any warrants, government subpoenas or national security inquiries that may directly or indirectly relate to you, to your Surfshark account or your use of Surfshark Services. According to applicable law, we may be required turn over any records or details of Surfshark users for investigation, without any notice to you. You may wish to regularly check our complimentary Warrant canary statement, which indicates whether or not Surfshark has received a secret warrant and been prohibited from reporting it.
We do not log or store any records on user activity using Surfshark Services: however, you are required to create a user account in order to use Surfshark 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 Surfshark communication and to retrieve a lost password; payment information – our payment processing partners collect basic billing information 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 Surfshark Services.
You are responsible for maintaining the confidentiality of your Surfshark account 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, or password, as the case may be.
DISCLAIMER OF WARRANTIES
Reasonable efforts are taken to improve the accuracy and integrity of the Surfshark 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 Surfshark Services, or any functionality comprising a part of the Surfshark 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 Surfshark. We do not warrant, and will not have any liability or responsibility for your use of Surfshark Services or other the products or services we provide. We may also impose limits on the use of or access to the Surfshark 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 SURFSHARK 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 SURFSHARK SERVICES. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR USE OF THE SURFSHARK SERVICES, AND WE DO NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE OF THE SURFSHARK SERVICES. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE SURFSHARK 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 NONINFRINGEMENT, 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 SURFSHARK SERVICES WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, NOR THAT THE SURFSHARK SERVICES WILL BE AVAILABLE FOR YOUR ACCESS OR USE, NOR THAT OPERATION OF THE SURFSHARK 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 SURFSHARK SERVICES. YOUR USE OF THE SURFSHARK SERVICES IS AT YOUR OWN RISK. NEITHER SURFSHARK 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 SURFSHARK 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 THE LIABILITY OF SURFSHARK SHALL NOT EXCEED WHAT THE CLIENT PAID TO SURFSHARK, AND SHALL NOT INCLUDE ATTORNEY FEES OR COURT COSTS IRRESPECTIVE OF ANY LAWS OR STATUTES THAT MAY PRESCRIBE OTHERWISE.
YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS SURFSHARK, 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 SURFSHARK SERVICES, OR ANY OF YOUR OTHER ACTS OR OMISSIONS.
The Surfshark Services are not geographically limited; however, we make no representations or warranties that the Surfshark Services are appropriate for use or access in your location and jurisdiction.
You access and use the Surfshark 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. You may not use the Surfshark Services in any internationally embargoed jurisdiction, or if you are embargoed person or entity. By using the Surfshark Services, you represent and warrant that you are not located in any such country or included on any such embargoed persons or entities list. We reserve the right to limit, in our sole discretion, the availability of the Surfshark Services or any portion thereof, to any person, entity, geographic area, or jurisdiction, at any time.
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 Surfshark Services, about any of our products or services, or for such other purposes that are reasonable or required by applicable law.
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. We also reserve the right to modify, update, or suspend the operation of the Surfshark Services at our sole discretion, at any time, for any or no reason, and without notice or liability.
All users of Surfshark 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 Surfshark 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 Surfshark services, please consider reviewing the Terms each time you use the Surfshark 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 Surfshark 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 Surfshark 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 Surfshark Services are governed by the laws of British Virgin Islands, without regard to its choice of law provisions.
The section titles in the Terms are for convenience only and have no legal or contractual effect.