Terms of Service

Effective on May 09, 2024

Thank you ("users") for choosing us. Before starting, please read the Terms of Service ("the Terms") carefully. The following Terms of Service outlines the terms and conditions of use of and access to the Contents (the "Contents") and Services (the "Services") provided by Free Connected Limited. "X-VPN" ("we", "us" or "our"), includes X-VPN's website (the "Website" or "Site"), applications (including both the mobile and web versions) (the "App") and any other software provided by X-VPN (the "Software").

These Terms and the Privacy Policy (together, the "Agreement") constitute a legally binding agreement between you and us, so please read them carefully.

ACCEPTANCE OF THE TERMS

By using and/or accessing our Services, you are signifying your acceptance on behalf of yourself or those you represent ("you") to adhere to and to be legally bound by the Terms of Service entirely, which includes bearing any charges incurred from using our Services. The Terms constitute a binding legal agreement between you or those you legally represent and us, which will regulate your utilization of and access to our Services, through any means or mediums.

If these Terms are being accepted on behalf of your employer or another entity, you affirm and warrant that: (i) you possess the full legal authority to commit your employer or such entity to this Agreement; (ii) you have comprehended the Agreement; and (iii) on behalf of the party you represent, you agree and consent to the Agreement.

By creating an account for our Services, you represent that you are eighteen (18) years of age or older, or at least the legal age of majority where you reside or access the Services, or that you are a valid legal entity. In addition, you confirm that the registration information that you have provided to us is accurate and complete.

If you do not agree with any part of this Agreement that applies to you, please do not use our services.

MODIFICATION

We will periodically update the Terms of Service accordingly without prior notice, and unless otherwise stated, each update takes effect from the moment the revised Terms are published on the Site. You understand and agree that it is your responsibility to periodically review these Terms and stay informed about the current rules and obligations. If you continue to use the Services after these changes, you are expressing agreement with the updated Terms. However, if you disagree with the updated Terms, you are at liberty to end your relationship with us any time after their effective date by closing your Account and/or discontinuing access to our Services and Websites. The most current version of the Terms is always available on the Site.

PRIVACY POLICY

We are committed to protecting your privacy and does not collect or record browsing history, traffic destinations, DNS queries, credit card or payment information, IP addresses and other sensitive information. We only collect certain non-sensitive information for the purpose of enhancing user experience, such as the country-level location data, device system information, subscription status and subscribed packages, etc. Be assured that we do not distribute any user information to third-parties, nor collaborate with any requests for such data unless required by a valid court order.

Detailed information about our data collection procedures is thoroughly documented in our Privacy Policy, accessible on our Website. Please thoroughly review the Privacy Policy to fully understand our data handling practices, your rights, our obligations and our sustained commitment to data protection.

To find more details, please refer to our Privacy Policy

LICENSE

Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable, fully revocable, and personal license for your private and non-commercial activities to download, install, and use a copy of the Services and proprietary Software on a compatible device that you own or control. Any modification, distribution to unauthorized parties, reverse engineering, reselling our Services, allowing other people to use your Account, or other use of the Services in a way not explicitly authorized by us is strictly prohibited under these Terms may result in the suspension of your Account.

The terms also assert that no additional rights or licenses, whether express or implied, are granted to you concerning the Services and/or Software. As between You and us, we retain all intellectual property rights (including all patent, trademark, copyright, trade secret and other proprietary rights) in and to the X-VPN App, all X-VPN websites and all X-VPN services and content in connection therewith.

SUBSCRIPTION POLICY

Although users don't have to sign up to use X-VPN services, users can get more advanced services by subscribing, which means users agree to be a subscriber for the period they choose.

The Website provides a comprehensive list of available subscription plans and their pricing. We retain the right to modify or introduce new fees for subscriptions, provided reasonable notice is given through the Website. Any changes to the pricing will not affect the Subscriber’s current subscription period and will become effective upon subscription renewal. Payments for subscriptions are managed by several third-party payment platforms that we partnered with. To find more information about how they process users' data, please refer to our Privacy Policy.

Our Website offers multiple payment methods including one-time payment model and subscription model.

CoinPayments, Paymentwall (excluding FasterPay), and PayPal (year plan) adopt a one-time payment method, which is a one-off and non-recurring payment for a fixed period of service.

Stripe, PayPal (month plan), and FasterPay adopt a subscription model. By default, each subscription plan will automatically renew for the same term within three days before the end of the subscription period. If you wish to cancel the next-term subscription, you should do so at least three days before the end of the current subscription term. The following steps illustrate how to cancel:

  • For Stripe and PayPal, Users should cancel the subscription at least three days before the end of the current billing term through the "Cancel Subscription" button on "My Account" page of the Website, or by contacting customer support on X-VPN website.
  • For FasterPay, Users should cancel the subscription at least three days before the end of the current billing term by contacting customer support on X-VPN website.

It should be noted that cancelling the next-term subscription does not affect your current subscription. If you wish to request a refund for your current subscription, please refer to the next chapter "Refund Policy".

Please note that payment methods on Paymentwall may be subject to change. For each Paymentwall payment method, Paymentwall's Terms of Service shall prevail.

Free trials

We offer a free trial for users in some areas. We may adjust the length and scope of the free trial at any time without prior notice to the extent permitted by law.

REFUND POLICY

  1. Purchase through Google Play or X-VPN website by PayPal, Paymentwall, or Stripe:

    We offer a 30-day no-questions-asked money-back guarantee on your first subscription. You can request a refund for your first purchase for any reason within 30 days since the purchase date. However, no refunds can be made if you are found to be engaging in any breach of policy or illegal activity. Refunds beyond 30 days will be made at the discretion of X-VPN after due consideration.

  2. Purchase through X-VPN website by Coinpayment:

    In this case, refund is not available after purchase.

  3. Purchase through App Store, Amazon, Galaxy Store or Huawei AppGallery:

    In this case, if you would like to request a refund, please seek help from Apple, Amazon, Samsung or Huawei AppGallery who have independent refund policies and refunds are solely at their discretion.

Please be advised that to avoid any recurring transactions, we highly recommend submitting a refund request at least three days before the first subscription period expires. This will prevent any automatic renewals for subsequent subscription periods. It is crucial to note that if you submit a refund request after the recommended time frame, there is still a possibility of incurring subscription fees for the next period, resulting in a recurring transaction.

Refunds are generally processed within fifteen (15) working days and are made to the original form of payment used for purchase. All refunds are sent in USD and therefore the refund amount could differ from the amount originally paid in local currency (e.g., due to foreign exchange and processing charges linked to your method of payment).

ACCOUNT USAGE POLICY

Given that our Services can be accessed globally, it is your duty to ensure that your use of the Services aligns with the applicable laws and regulations. Please note that if you are located in a country where using, accessing, or subscribing to the Services would violate the Export Control Policy, you may be unable to access the Services. This includes compliance with these Terms as well as any relevant laws, regulations, and policies.

We aim to provide the best possible service to all our subscribers, which require you not to misuse our content or services. Misuse refers to any use, access, or interference with our content or services that violates these terms or applicable laws and regulations. We reserve the right to take appropriate measures if our services are used in violation of the terms and applicable laws. We reserve the right to suspend and/or terminate the accounts and/or services provided to any user who violates any applicable laws or these terms, whether it is a single or repeated violation, without refund or notice. However, the decision of whether you have abused our services lies solely at our discretion.

You agree to keep your X-VPN account information confidential. You are responsible all actions that occur on our servers where the login uses your username and password. If you notice or suspect any compromise of your account information, please contact us as soon as possible. To safeguard against account security threats such as password leaks and theft, please note that X-VPN VIP accounts are strictly for personal use and cannot be lent or leased to others. Any improper use of X-VPN VIP accounts may result in limitations on login devices, account prohibition, deletion of related information, and no refund of fees.

When using our Service, you agree not to or enable others to:

  • Use or assist others in using the Services/Websites for unlawful, illegal, criminal, or fraudulent activities. This includes activities such as spamming, hacking, identity theft, piracy, or conducting DDoS attacks.
  • Use the Services/Websites for military purposes, including cyber warfare or weapons development.
  • Assault, interfere with, or gain unauthorized access to other networks or computers through our Services/Websites.
  • Exploit children in any form, including distributing, reproducing, uploading, downloading, or posting any content that contains explicit or sexual depictions of minors.
  • Violate copyright, intellectual property rights, privacy, or other legal rights of us, our licensors, or third parties. Distribute, reproduce, upload, download, or post any copyrighted content before obtaining authorization or permission from the owner of the proprietary material.
  • Communicate or share illegal, abusive, hateful, threatening, obscene, or objectionable content that interferes with rights or poses danger to others.
  • Transmit viruses or codes that disrupt computer systems or interfere with their use.
  • Interfere with the integrity or performance of the Service/Websites. Decompile the client or exploit the vulnerability to break into the server.
  • Attempt to gain unauthorized access to the Service or its related systems, accounts, or networks.
  • Engage in any conduct that inhibits or restricts any other users from enjoying or using the Services, which includes but is not limited to unfair usage of the network (i.e., Utilizing substantially excessive bandwidth that exceeds the average user bandwidth usage for an extended duration or like manners that exert an excessive load on the network that may cause disturbance to other users on the network).
  • Compile, utilise, bulk obtain or distribute the IP address of X-VPN's servers.
  • Commercially exploit or distribute the Services, Subscription, or Account without authorization.
  • Access our Websites or Services using automated means without prior permission.
  • Copy or build a product with similar features, functions, or graphics as the Service/Websites.
  • Threaten, stalk, harm, harass others, or promote bigotry or discrimination.
  • Violate ethical, moral, or conduct norms.
  • Use the Services/Websites for engaging in any conduct for unlawful, misleading, fraudulent, illegal, or unauthorized purpose.
  • Access or use the Services when prohibited or if your Account has been suspended or terminated.
  • Share non-public features or content of the Software and/or Services with third parties.
  • Violate or attempt to evade these Terms, within the limits of applicable law.

We reserve the right to take appropriate action when the Service is being used contrary to these Terms and applicable laws, which including termination of your account and the Service without providing a refund and notice.

REPORT INAPPROPRIATE ADS

We do not assume any responsibility for the content of third-party advertisements displayed in the App. If you find any content that they consider inappropriate or in violation of any laws or regulations, please report it to us by emailing to support@xvpn.io. The report email should illustrate the inappropriate content by providing the screenshots or a detailed description of the ads.

THIRD-PARTY WEBSITES

We may offer you third-party content or links to external websites. Please note that we do not have control over these third parties, and their availability and terms of use may differ from us. We are not responsible for the availability of third-party content as they are not controlled or supervised by us. Your access to any third-party website, service, or content through our Services does not establish any relationship between us and the respective third party.

SUSPENSION AND TERMINATION

If (i) you violate our usage policy, (ii) you violate any applicable laws, or (iii) laws or regulatory authorities prohibit it (for example, when providing our services becomes illegal in your country/region), we may suspend (for clarification, investigation, or to request an explanation of your actions) or terminate your account and/or services.

Under certain conditions, we will provide you with an opportunity to remedy the situation before suspending or terminating your account and/or services. However, if your account has already been suspended, you must contact us for further information. We may (but are not obligated to) keep it suspended for a reasonable period before permanently terminating your account.

You may cancel the Service in accordance with the Subscription Policy and Refund Policy of the Terms. For information on how to terminate (delete) your account, please read our Privacy Policy. If we receive a notice of Chargeback (as defined below), we retain the right to immediately suspend access to the Premium Service without prior notice. Activities such as contacting your bank or credit/debit card provider to cancel a payment and declining, canceling or disputing any charges related to your use of the Services (referred to as "Chargebacks") will be considered a breach of your payment obligation under these Terms. We also reserve the right to challenge any chargeback received in connection with your account. Should we determine, at our sole discretion, that you are making a bad faith request for a refund, we may opt to delete your account and take reasonable measures to limit your future access to our Services.

The licence granted herein, as well as any other licences (if any), will terminate without notice immediately upon expiry of your account subscription or termination for any of the reasons set out in these Terms.

OWNERSHIP

Free Connected Limited reserves all rights and owns all the visual interfaces, information, servers, products, software, graphical materials, and all other elements of X-VPN. Software used under these Terms is licensed, not sold, and you do not acquire title or ownership to any copies or the Software itself, nor to the Services and Website. We retain all right, title and interest in and to the Services, Software, Website, and any portion thereof, unless expressly stated otherwise. X-VPN, XVPN, VPNX are protected trademarks owned by Free Connected Limited and you are prohibited from registering, adopting or in any other way using any trademark, trade name, symbol or logo that is identical or confusingly similar to any trademark owned by Free Connected Limited.

DISCLAIMERS

we are providing this service on the "as-is" and "as-available" basis without warranty or representation of any kind. We do not guarantee the Services will meet your requirements, as in continuous availability of the Service or any specific feature(s) of the service. To the full extent permissible by applicable law, we disclaim all warranties of any kind, 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, course of performance, or usage of trade. You acknowledge that you access the Website and Services at your sole risk and discretion.

Reasonable efforts are taken to improve the accuracy and integrity of the Services, but we give no warranty or representation that the Services will be wholly free from defects, errors, and bugs, such as downtime, loss of data, corrupt data, service delay, mistakes, out-of-date information, or other. The VPN Service (coverage, speed, quality, and server location) may vary, and the Service is subject to unavailability including but not limited to third-party service failure; emergencies; equipment, transmission, or network limitation or issue; interference or signal strength. We are not responsible for any failure to maintain the accuracy, quality, security, and confidentiality of your data, message, or pages whether or not related to interruptions or performance issues with the Service.

Notwithstanding any other provision of the Terms, we reserve the right to impose usage or service limits, suspend service, or block certain kinds of usage in our sole discretion.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, we disclaim any liability and responsibility for any loss or damage caused by, but not limited to, the following circumstances:

  1. Failure or interruption of the Services.

  2. Acts or omissions of third parties involved in providing the Services or the data therein.

  3. Any other cause related to your access or use, or inability to access or use, any part of the Site or its Content.

  4. Your failure to comply with this Agreement for any reason.

  5. Cost of procuring substitute services.

  6. Unauthorized access to or alteration of transmissions or data, regardless of whether or not the circumstances were within the control of us or any third-party vendor providing software, services, or support for the Site or Services.

Your use of the services and websites provided by us is at your own risk. X-VPN, its parents, subsidiaries, affiliates, employees, officers, and directors will not be liable for any direct, indirect, punitive, incidental, special, consequential, or other damages arising from these terms or the use or inability to use the services or websites, regardless of whether the damages are based on contract, tort, strict liability, or any other legal theory. This includes, but is not limited to, loss of data or information, loss of business, lost profits, interruption of business, and the cost of cover. This limitation of liability applies even if we have been advised of the possibility of such damages. You acknowledge that the fees payable to us reflect the allocation of risk set forth in these terms, and we would not have entered into the agreement without these limitations on liability.

INDEMNIFICATION

You hereby agree to indemnify, defend, and hold harmless us, our employees, members, directors, agents, supplier, and affiliated companies and their employees, agents, directors, shareholders, members, from any and all claim and expenses, including attorneys’ fees, arising out of your use of the Content 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.

SEVERABILITY

If any provision of the Terms is held to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of the Terms shall remain in full force and effect. This provision shall be interpreted in a manner consistent with applicable law to reflect the original intent of the provision. The failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision or be deemed a waiver of any subsequent breach or default.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of Hong Kong, without regard to the principles of conflicts of law of any jurisdiction.

DISPUTE RESOLUTION

By agreeing to these Terms and/or using the Services, you agree without reservation that any disputes arising from or relating to the Terms or the use of the Services will be exclusively resolved by the competent courts located in Hong Kong.

CONTACT US

If you have questions regarding the Terms, please contact us at support@xvpn.io.

Legal department: Room 3,27/F., Ho King Commercial Centre, No.2-16 Fa Yuen Street, Mong Kok, Kowloon, Hong Kong