Note: Terms and Conditions is pending translation
Terms and Conditions
General Business Terms for CyberGhost Products
BY ACCESSING, USING, INSTALLING OR DOWNLOADING CyberGhost PRODUCTS YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND AGREE TO BE BOUND BY THEM AND TO FULLY COMPLY WITH THEM. YOU FURTHER AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF THE CyberGhost PRODUCTS AND YOU ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A BINDING AND ENFORCEABLE LEGAL ELECTRONIC CONTRACT BETWEEN YOU AND US. IF YOU DO NOT AGREE, DO NOT ACCESS, INSTALL, DOWNLOAD OR USE THE CyberGhost PRODUCTS AS DEFINED BELOW.
This agreement is concluded between CyberGhost S.R.L., 70-72 Dionisie Lupu St., District 1, 010458 Bucharest, Romania (Bucharest Trade Register no. J40/1278/2011, VAT no. RO28003392) and you, as User of CyberGhost Products.
You are allowed to use CyberGhost Products only if you are legally capacitated and authorized to conclude an agreement with CyberGhost and such conclusion is not forbidden to you according to the applicable laws.
CyberGhost hereby grants you a personal, non-exclusive, non- transferrable, limited and revocable license to use the CyberGhost Products solely in accordance with the terms of this Use Agreement. CyberGhost reserves all right, title and interest not expressly granted herein under this license to the fullest extent possible under applicable laws. You may not sublicense, assign, or transfer the license granted to you herein, and any attempt to sublicense, assign, or transfer any part of your rights under this Agreement is void.
You hereby represent and warrant that you will use the CyberGhost Products or the Service solely for privacy and security needs and in full compliance with all applicable local, state, national, and international laws, rules and regulations. You shall not agree to, nor shall you authorize or encourage any third party to: (i) prevent others from using the CyberGhost Products; (ii) use the CyberGhost Products for any fraudulent or inappropriate or illegal purpose (i.e., cyber activity); or (iii) act in any way that violates this Agreement.
CyberGhost values your privacy and strives to maintain it. We only collect the bear minimum information for the provision of our Products.. The goal of CyberGhost Products is to protect your privacy but not your computer. CyberGhost Products is not meant as an antivirus or antimalware tool, unless specifically mentioned.
4. Product Modifications and Updates
From time to time, CyberGhost at its absolute discretion, can modify CyberGhost Products, for example by adding or removing certain functions of VPN servers or by updating the software.
CyberGhost may, at its sole discretion, provide limited technical support, upgrades and updates for the CyberGhost Products. In order to enhance and further develop the CyberGhost Products we may automatically download and install updates and upgrades from time to time. You hereby agree to receive such updates and upgrades as part of your use of the CyberGhost Products. We have no obligation to make available to you any support versions of the CyberGhost Products. Additionally, we shall have no obligation to provide support or maintenance for the Services under this Agreement.
5. External service providers
We make best efforts to monitor and choose our partners and secure the services provided to you. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING CONTENT, GOODS, SOFTWARE OR SERVICES YOU OBTAIN FROM THIRD PARTY PROVIDERS. We are not responsible for the availability or compliance of the content provided by Third Party Providers.
6. Data protection
7. Safety of your user account
You are the only one responsible for the safekeeping of your password and for handling your user data. Please, change your password on a regular basis. Do not disclose to third parties your user information (Username and password). You are the only one responsible for the activities related to your user account as well as for the activities related to your user account which you have transferred unjustifiable to third parties.
8. Acceptable Use Policy
As CyberGhost Products may be accessed from all around the world, you undertake to ensure that your use of the CyberGhost Products will comply with all applicable local laws and regulations. You undertake to comply with all applicable laws, rules and regulations and warrant that you will not and will not permit any third party to use the service in any manner that may breach applicable law or infringe third party rights. Without limiting the generality of the above, you undertake and warrant that you will not and will not allow a third party to (A) reverse engineer, disassemble, decompile, translate, reconstruct, transform or extract any portion of the CyberGhost Products (including without limitation any related malware signatures and malware detection routines), or (B) change, modify or otherwise alter CyberGhost Products (including without limitation any related malware signatures and malware detection routines); (iv) publish, resell, distribute, broadcast, transmit, communicate, transfer, pledge, rent, share or sublicense CyberGhost Products; (v) use CyberGhost Products to provide or build a product or service that competes with CyberGhost Products; (vi) use or attempt to use CyberGhost Products to upload, store or transmit any data, information or materials that: infringe the intellectual property or other rights of third parties; contain any unlawful, harmful, threatening, abusive, defamatory or otherwise objectionable material of any kind; or otherwise in any way damage, disable or impair the operation of CyberGhost Products; (viii) gain or attempt to gain unauthorized access to CyberGhost Products or to networks connected to it, or to content stored or delivered through it, by any means, including by hacking, spoofing or seeking to circumvent or defeat any firewalls or other technological or other protections or security measures.
We reserve the right to take appropriate measures when CyberGhost Products are being used contrary to these Terms and applicable laws, including cooperating with public or private authorities as provided by law.
Furthermore, CyberGhost reserves the right, in case of breach of this Agreement, to, inter alia, restrict or suspend, in whole or in part, the access to CyberGhost Products without awarding a refund for Services already paid for, as well as to initiate legal actions.
Rightholders, who draw the conclusions that, by means of the contents downloaded via CyberGhost Products, their legal interest, for e.g. the intellectual property, is violated, can contact our Copyright representatives (email@example.com) so that we can prevent the further access to such content.
CyberGhost provides no warranty of the service or the software. CyberGhost is not liable for damages which may occur following the exposure of the identity or the IP address of the user or the breakdown of individual VPN servers. Moreover, CyberGhost provides no warranty for the availability of certain servers within the CyberGhost network and for the performance thereof.
EXCEPTAS OTHERWISE SPECIFICALLY PROVIDED HEREIN, CyberGhost Products IS PROVIDED “AS IS” AND CYBERGHOST MAKES NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL CONDITIONS AND WARRANTIES IMPLIED BY STATUTE, COMMON LAW, JURISPRUDENCE OR OTHER THEORIES OF LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF NON- INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SUITABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. CYBERGHOST DOES NOT WARRANT THAT THE OPERATION OF CYBERGHOST PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE, THAT IT WILL WORK PROPERLY ON ANY GIVEN DEVICE OR WITH ANY PARTICULAR CONFIGURATION OF HARDWARE AND/OR SOFTWARE, OR THAT IT WILL PROVIDE COMPLETE PROTECTION FOR THE INTEGRITY OF SELECTED DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET.
You agree to indemnify and hold CyberGhost and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your access to or use of the CyberGhost Products. The user is solely responsible for his or her actions when using the CyberGhost Products.
CyberGhost Products are available to you upon selection of your subscription and registration. A full list of subscription plans and pricing is available on the Site. CyberGhost reserves the right to amend subscription fees or institute new fees at any time upon reasonable advance notice posted on the Site or sent via email. Any changes to the pricing shall not affect your existing subscription and will become effective upon subscription renewal. Subscription purchases and refunds are handled via multiple third-party payment companies.
Subscription plans renew automatically by default at the completion of the billing term, provided these is supported by your credit card. The renewal term will be stipulated in your subscription terms at the time of purchase. The subscription fee will be charged automatically to the payment method you last selected. If you would like to discontinue automatic renewal, you may manually discontinue the renewal through your account or email support at firstname.lastname@example.org or email@example.com
12. CANCELATION AND REFUNDS
You can terminate a subscription at any time by following the process below:
How can I cancel my subscription
In case you terminate your subscription within the below specified timeframe depending on the type of your subscription, we shall refund the full amount paid in accordance with our money-back warranty: Refund Policy 45 Days Money Back Guarantee.
|Subscription Type||Money-back guaranty period|
|Subscription of 6 months and more||Money Back guarantee in case of termination with 45 days|
|Subscription of 1 month||Money Back guarantee in case of termination with 14 days|
In case you terminate your subscription at any time after the expiration of the respective Money-back guarantee period, you shall be charged for the remainder of the subscription’s duration (e.g. if you purchase a yearly subscription and you decide to cancel your subscription after 3 months, you will be charged the whole yearly subscription ., but at the expiration of the subscription the latter will not be renewed. You will have access and be able to enjoy the services until the expiration of your yearly subscription).
If the agreement as a whole is terminated, you will not be able to access your user account and there will be no valid license for the use of CyberGhost Products Apps and CyberGhost Products Client-Software.
Upon termination of this Agreement, all licenses granted herein will be terminated and you will no longer have access to CyberGhost Products.
12. Revocation Right for Consumers
The provisions of this Clause 12 shall only apply to Consumers who place an order from a member state of the European Union:
12.1.1. Consumers shall have the right to revoke this contract within fourteen (14) days without stating a reason.
12.1.2. In the case of a contract for Services or a contract for the delivery of individually acquired or recurring digital content not installed on a physical data carrier, the revocation period shall be fourteen days from the date the contract was concluded. In the case of a purchase contract for the delivery of goods (e.g. back-up CDs), the revocation period shall be fourteen days from the date on which the Consumer – or a third party designated by the Consumer who is not a freight carrier – takes possession of the goods.
12.1.3.According to applicable law, the right of revocation does not arise or exist
➢ with respect to contracts for the delivery of goods if they are not ready-made but were manufactured in accordance with an individual choice or determination of the Consumer or are clearly tailored to the personal needs of the Consumer, and
➢with respect to contracts for the delivery of audio and video recordings or computer software in a sealed package if the seal was broken after delivery.
12.2. Waiver of the Right of Revocation
THE PROVISIONS OF THIS CLAUSE 13 SHALL ONLY APPLY TO CONSUMERS WHO ENTER INTO A CONTRACT FOR THE DELIVERY OF DIGITAL CONTENT NOT INSTALLED ON A PHYSICAL DATA CARRIER.
1) EXPRESSLY AGREES THAT THE EXECUTION OF THIS CONTRACT SHALL COMMENCE BEFORE THE EXPIRATION OF THE REVOCATION PERIOD, AND
2) IS AWARE THAT HE WILL LOSE HIS RIGHT OF REVOCATION WHEN THE EXECUTION OF THIS CONTRACT COMMENCES.
Any money-back-guarantee or other guarantee or warranty of similar content granted by cleverbridge as regulated in Clause 14 shall not be affected by this Clause.
To exercise the right of revocation, the Consumer must inform CyberGhost VPN (through cleverbridge (cleverbridge AG, Gereonstr. 43-65, 50670 Cologne, Germany, tel: +49 221 - 222 45 – 0, fax: +49 221 - 222 45 – 19, email: firstname.lastname@example.org or Crossrider Sports via https://www.cyberghostvpn.com/en_US/support.) by making a clear declaration of his decision to revoke the contract (e.g. by letter sent by regular mail, fax, or email.) The Consumer can use the model revocation form following these revocation instructions for this purpose, but it is not a requirement.
To meet the revocation deadline, it is sufficient for the Consumer to send notice that he is exercising his right of revocation prior to the expiration of the revocation period.
12.4 Legal Consequences of Revocation
12.4.1 If the Consumer revokes this contract, cleverbridge or Crossrider Sports must promptly refund all of the payments cleverbridge or Crossrider Sports received from the Consumer, including delivery costs, no later than fourteen days from the date on which the notice of revocation of the contract was received by cleverbridge or Crossrider Sports (with the exception of additional costs incurred because the Consumer has chosen a different mode of delivery than the most cost-effective one, i.e. the standard mode of delivery offered by cleverbridge or Crossrider Sports). For this refund, cleverbridge or Crossrider Sports shall use the same means of payment that was used by the Consumer in the original transaction, unless otherwise expressly agreed with the Consumer. In no case shall the Consumer be charged a fee for the refund.
12.4.2 In the case of a contract for Services, the following shall apply: If the Consumer requested that the Services commence during the revocation period, the Consumer shall pay cleverbridge/Crossrider Sports a reasonable amount, which corresponds to the percentage of Services provided by the time the Consumer informs cleverbridge/Crossrider Sports of the exercise of his right to revoke the contract, as compared to the total scope of the Services contemplated by the contract.
12.4.3 If there is a purchase contract for the delivery of goods, the following shall apply: cleverbridge/Crossrider Sports can refuse to make a refund until it has received the goods back or until the Consumer proves that he has sent the goods back, whichever is earlier. The Consumer shall promptly return or send the goods to cleverbridge/Crossrider Sports no later than fourteen days from the date on which the Consumer informed cleverbridge/Crossrider Sports of the revocation of the contract. The deadline is met if the Consumer sends the goods before the expiration of the fourteen-day period. The Consumer shall bear the direct costs of returning the goods.
The Consumer must pay for the diminished value of the goods if the diminished value is attributable to his treating the goods in an unnecessary manner to examine their quality, characteristics, and functionality.
CyberGhost reviews this use agreement from time to time and the updated version is always published on our website. You understand and agree that it is your obligation to review these Terms from time to time in order to stay informed on current rules and obligations. Notification on material changes to the Terms will be provided through an update to the Site or other prominent manner. Your use of the Content or Services following the changes to these Terms constitutes your acceptance of the changed Terms.
14. Applicable law
The applicable law is English law and the UN Convention on contracts for the international sale of goods (CISG) is excluded. In case of disputes arising from the terms of this Agreement, the Parties hereby irrevocably submit to the exclusive jurisdiction of London, UK.