Terms of Service

THIS SERVICE INCLUDES SUBSCRIPTION THAT AUTOMATICALLY RENEWS.PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE STARTING A FREE TRIAL OR COMPLETING A PURCHASE FOR AUTO-RENEWING SUBSCRIPTION. TO AVOID BEING CHARGED YOU MUST AFFIRMATIVELY CANCEL A SUBSCRIPTION OR A FREE TRIAL AT LEAST 24 HOURS BEFORE THE END OF THE FREE TRIAL OR THEN-CURRENT SUBSCRIPTION PERIOD.

DELETING THE SOFTWARE DOES NOT CANCEL YOUR SUBSCRIPTIONS AND FREE TRIALS. IF YOU ARE NOT SURE HOW TO CANCEL YOUR SUBSCRIPTION - PLEASE CONTACT US AT [email protected].

YOU MAY WISH TO TAKE A SCREENSHOT OF THIS INFORMATION FOR YOUR REFERENCE.

THESE TERMS CONTAIN “WARRANTY DISCLAIMER” SECTION, “LIMITATION OF LIABILITY” SECTION, AS WELL AS PROVISIONS THAT WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION (“CLASS ACTION WAIVER” SECTION).

THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT UNDERSTAND THIS AGREEMENT OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY NOTICE REFERENCED HEREIN, YOU MUST IMMEDIATELY STOP USING THE SERVICE.

These Terms of Use (the “Terms”) outline the terms and conditions of use of the ClearVPN Services (the “Services”, “Service” or “ClearVPN”). Services can be provided by MacPaw Way Ltd., MacPaw Inc. (if downloaded from Google Play), or our other affiliates (“MacPaw”, “we” or “us”). These Terms also govern the use of and access to ClearVPN content (the “Content”), which includes the ClearVPN website (https://www.clearvpn.com) (the “Site”). If you have questions regarding these Terms, please contact us:

MacPaw Way Ltd.
25 Serifou, Allure Center 11, Office No. 11-12, 2nd Floor, 3046 Zakaki, Limassol, Cyprus

MacPaw Inc.
10 Canal Park Suite 201 Cambridge MA 02141

[email protected]

By accessing the Content or Services, you are agreeing on behalf of yourself or those you represent (“you”) to comply with and be legally bound by these Terms in their entirety. These Terms constitute a legally binding agreement (the “Agreement”) between you and MacPaw. If you do not agree with any part of the Terms, you may not use our Services.

By accessing or using the Content or Services, you confirm that you are at least 18 years old (or if you are between 13 and 17 years old, inclusive, that you are using the Site or Services only with the approval of your parent or guardian), that you are legally able to enter into this Agreement, and that you have read, understand and agree to be bound by this Agreement.

Your use of the Services is also subject to our Privacy Notice, available on the Site and incorporated into these Terms by reference; in addition, you agree to abide by our rules, policies, and procedures we may publish on the Services from time to time, including policies and terms applicable to Subscriptions (as defined below). We reserve the right at any time and without notice to change these Terms. We may also modify, update, or discontinue parts of the Services, including features, functionality, subscription plans, pricing, and content, to reflect business, legal, or technical changes. Where required by law, we will notify you in advance if those changes materially affect your rights. Your continued use of the Services after such changes means you accept the updated Terms. If you have questions regarding these Terms, please contact us at [email protected].

As a general rule, you are required to create an account (an “Account”) before using the Services. When you register for an Account, you agree to (i) provide accurate, current and complete information about yourself as prompted by our registration form and (ii) maintain and update your information to keep it accurate, current and complete.

You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, you will have materially breached these Terms, and we reserve the right to terminate this Agreement and your use of the Services. You agree not to transfer or resell your use of or access to the Services to any third party. If you have reason to believe that your Account is no longer secure, you must immediately notify us of the problem. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to our benefit. You are entirely responsible for maintaining the confidentiality of your Account credentials and for any and all activities conducted through your Account. We are not responsible for any loss of access, data, or Services arising from forgotten credentials, unauthorized access, or failure to safeguard your Account. You may use our Services only if you are at least the age of majority in the jurisdiction in which you reside.

If you open or operate an Account on behalf of an entity, you represent and warrant that you are an authorized representative of such entity and that you have authority to bind such entity to these Terms.

If you download ClearVPN from the App Store or Google Play, you may not be required to register for an Account in order to use the Service on a single device. In such a case, your subscription will be attached to your Device ID. Please note that an Account is always required if you wish to use the Service on multiple devices.

If you purchase ClearVPN on the MacPaw website (https://macpaw.com/store) (the “MacPaw website”), you can create and/or use a MacPaw Account. This account is shared across all MacPaw products (learn other MacPaw products). This means that regardless of how many of our products you use—one or several—you only need a single account to manage them. Please review our Privacy Notice to learn more about a MacPaw Account as a type of data we collect about you, purposes of collection and legal basis we rely on.

Subscription. Users will have to purchase a paid subscription (the “Subscription”) from ClearVPN or authorized third parties (Apple App Store or Google Play) to connect to the ClearVPN Service, except in the case of a limited free trial (the “Free Trial”) or certain offers.

ClearVPN Services are subscribed on a service period basis. You choose the service period when you sign up for the ClearVPN 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 ClearVPN Services.

Cancellation. Depending on where you have purchased Your Subscription or have accessed the Free Trial, you can cancel it:

• In your ClearVPN Account Settings - when Subscription was purchased through the Site or the MacPaw website;
• In your MacPaw Account Settings - when Subscription was purchased through the MacPaw website.
• In your Apple App Store’s or Google Play’s Account Settings respectively - when Subscription was purchased through these third parties.

If you are unsure how to cancel:

• For ClearVPN accounts, contact us at [email protected];
• For MacPaw accounts, contact [email protected];
• For Apple App Store accounts - visit the Apple Support website (or any other app store support pages).
• For Google Play accounts - visit the Google Support website (or any other app store support pages).

Canceling your Subscription disables automatic renewal, but you will retain access to all Subscription features until the end of your then-current billing period.

Payments. You may make a purchase from our Site, MacPaw website or through third parties (Apple App Store or Google Play). If you make a purchase through our Site or MacPaw website, you authorize us to use the payment information we have on file for you to renew the Subscription as described herein. We may, but are not required to, contact you prior to the end of your Subscription to let you know that your Subscription will auto-renew. In case of a transaction failure when trying to charge you for renewal of the Subscription, we may retry to fulfill the transaction repeatedly. If you are directed to our third-party payment processor(s), you may be subject to terms and conditions governing use of that third party’s services and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the third party’s services.

If your payment is processed by Apple App Store, you may access the applicable billing and subscriptions rules on the Apple Support website.

If your payment is processed by Google Play, you may access the applicable billing and subscriptions rules on the Google Support website.

Refunds. Purchases made via Apple App Store or Google Play Store are subject to their respective refund policies. This means we cannot grant refunds. You will have to contact the Apple App Store or Google Play support. If you make a purchase via our Site, the refund cases are governed by and subject to the MacPaw Refund Policy.

The Services and the Content are protected by copyrights, trademarks, patents, trade secrets, and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”), and any unauthorized use of the same violates these Terms and may violate applicable law. Except as expressly provided herein, we do not grant you any express or implied right to use the Services and/or the Content. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer any of the Services. In addition, you agree not to take any action that may infringe on our Intellectual Property Rights.

From time to time, we may offer Free Trials of ClearVPN for a specified period of time without requiring a payment. We reserve the right, in our absolute discretion, to determine your eligibility for a Free Trial, and to withdraw or to modify a Free Trial at any time without prior notice and with no liability.

For a Free Trial, we’ll require you to provide your payment details in order to start the Free Trial. At the end of the Free Trial, we will automatically start to charge you for the subscribed ClearVPN Service on a recurring monthly or annual basis depending on your subscription type. By providing your payment details in conjunction with the Free Trial, you agree to this charge. If you decide that you do not want to become a paying user of the ClearVPN service, prior to the end of the Free Trial period you must terminate the Service.

ClearVPN may be accessed from all around the world, so it is your responsibility to assess whether using the Site, Content or Services is in compliance with local laws and regulations. Whenever you use the Site, Content or Services, you should comply with these Terms and applicable laws, regulations, and policies.

We aim to provide the best service possible to all of our Subscribers. In that sense, we require that you do not misuse our Content or Services. A misuse refers to any use, access, or interference with the Content or Services contrary to the Terms or applicable laws and regulations.

In order to protect the Services from being misused or used to harm someone, we reserve the right to take appropriate measures when our Services or Content are being used contrary to these Terms and applicable laws. You agree that we may terminate your account, without providing a refund for Services already paid, if you misuse the Service.

In using our Services or Content, you agree not to:

• Use our Services and/or Content for any illegal purpose (i.e. any actions that violate any international, governmental, federal, provincial or state regulations, rules, laws, or local ordinances);
• Use our Services and/or Content to promote illegal activities, or provide means for/helping other people commit illegal activities by providing instructional information;
• Use our Services and/or Content for the purpose of transmitting spam; to scan ports, open proxies, open relays; sending unsolicited emails in bulk quantities for opt-ins or for advertising/marketing purposes, even if the email is sent/received by another server;
• Use our Services and/or Content to serve pop-ups ads;
• Use our Services and/or Content for attacking in any way, shape or form any other computer or network;
• Use our Services and/or Content to transmit any content that is unlawful, harmful, threatening, abusive, harassing, torturous, or that can be deemed objectionable in a court of law;
• Use our Services and/or Content to harm, threaten, ’stalk’ or otherwise harass another person/business;
• Use our Services and/or Content to manipulate headers or forge identifiers in order to disguise the origin of any content transmitted through our Services and/or Content;
• Use our Services and/or Content to engage in any form of unsolicited or unauthorized advertising/marketing/promotional activities;
• Use our Services and/or Content to get involved in the transmission of software viruses or malicious software aimed at harming other software/hardware/telecommunications equipment;
• Use our Services and/or Content to 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;
• Use our Services and/or Content to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• Use our Services and/or Content to promote or incite physical harm or injury against any group or individual, or promote any act of cruelty to animals;
• Use our Services and/or Content to abuse our Services and/or Content by scripting and using software to consume more resources than other users over a short period of time;
• Access our Service and/or Site through automated or non-human means, whether through a bot, script, or otherwise;
• Use our Service to develop competing software.

You use the Service at your own risk and responsibility and are solely and exclusively responsible for the use of the Service. We will not be liable for any of your actions done using the Service.

Provided that you are eligible to use the Service, MacPaw as the licensor, grants you as the licensee, a revocable, non-exclusive, non-transferable, limited right to install and use the Service on wireless electronic devices owned or controlled by you, and to access and use the Service on such devices strictly in accordance with these Terms.. The Services and/or Content is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. MacPaw reserves all rights not expressly granted to you. ClearVPN retains the ownership of the copyright in and to the Services and/or Content.

The ClearVPN Services and/or Content are not geographically limited; however, we make no representations or warranties that the ClearVPN Services and/or Content are appropriate for use or access in your location and jurisdiction.

You access and use the Services and/or Content 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. We reserve the right to limit, in our sole discretion, the availability of the Services and/or Content or any portion thereof, to any person, entity, geographic area, or jurisdiction, at any time.

These Terms are effective until terminated. Your rights under this License will be terminated by us automatically without notice if you fail to comply with any provisions of these Terms and or otherwise fail to pay the fees and charges, if any, payable to us and associated with your use of the Services and/or Content. Upon the termination of these Terms, you shall cease all use and destroy, remove or delete all copies, full or partial, of the Services and/or Content on your computer or device and otherwise in your possession or control. Any term or condition of these Terms which by its plain meaning shall be and must be performed after termination, shall survive termination.

You agree to indemnify and hold harmless us, our affiliates and our and their officers, directors, licensors, partners, licensees, consultants, contractors, agents, attorneys, employees, and third party service providers (collectively, the “Indemnitees”) from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees (collectively, “Claim(s)”), that actually or allegedly result from your information, use of the Services and/or Content, or your breach of these Terms. You agree to be solely responsible for defending any Claim against or suffered by any Indemnitee, subject to the relevant Indemnitee’s right to participate with counsel of its own choosing, and for payment of damages or losses resulting from all claims against any Indemnitee provided that you will not agree to any settlement that imposes any obligation or liability on any Indemnitee without our prior express written consent.

You may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited, they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.

YOU EXPRESSLY AGREE THAT THE SERVICES AND/OR CONTENT ARE AVAILABLE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND THAT YOUR USE THEREOF IS AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICES AND/OR CONTENT, (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICES AND/OR CONTENT, (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND ANY OTHER WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICES AND/OR CONTENT WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT OUR WARRANTY DOES NOT COVER TELECOMMUNICATIONS OR INTERNET OUTAGES CAUSED BY THIRD PARTIES OR OTHERWISE OUTSIDE OF OUR CONTROL. THE SERVICES AND/OR CONTENT MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL MACPAW BE LIABLE TO YOU OR A THIRD PARTY FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES AND/OR CONTENT OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE SERVICES HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MACPAW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. REGARDLESS, IN NO EVENT SHALL MACPAW’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Unless otherwise required by law in your country of residence, these Terms (and any non-contractual dispute/claim arising out of or in connection with them) shall be governed by the laws of the Republic of Cyprus, excluding its conflict of law principles.

You and MacPaw further consent to the exclusive jurisdiction of the courts of the Republic of Cyprus for the purpose of settling any dispute, claim, or controversy arising out of or in connection with the Terms (and any non-contractual disputes/claims arising out of or in connection with in connection therewith), except where applicable law allows you to choose to bring legal proceedings in your country of residence, or we are required to bring legal proceedings only in your country of residence.

If you are a resident of the European Union
Nothing in these Terms shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you live.
If you have a complaint, please contact us at [email protected]. MacPaw does not participate in any alternative dispute resolution scheme.
You may bring any dispute that may arise under these Terms to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court - competent to settle any such a dispute. MacPaw shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence.

WHERE PERMITTED BY APPLICABLE LAW, YOU AND MACPAW AGREE THAT EITHER PARTY MAY BRING CLAIMS AGAINST THE OTHER, BUT ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR MEMBER IN ANY CLASS OR CLASS ACTION. Unless both you and MacPaw agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise rule on any form of a collective or class action.

Any waiver of a right under these Terms shall only be effective if agreed or declared in writing. A delay in exercising a right or the non-exercise of a right shall not be deemed a waiver and shall not prevent a party from exercising that right in the future. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.

We shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of god or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond our control including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.

MacPaw may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.

These Terms do not give any right to any third party except any provision in these Terms.

If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.

Service and/or Content may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. You warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions or otherwise listed on any U.S. government list of prohibited or restricted parties.

You agree to comply with all applicable export and reexport control laws and regulations, including without limitation the EAR and trade and economic sanctions maintained by OFAC. Specifically, you agree not to – directly or indirectly – use, sell, export, reexport, transfer, divert, release, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from MacPaw under these Terms to any destination, entity, or person or for any end-use prohibited by the EAR, trade and economic sanctions maintained by OFAC, or any applicable laws or regulations of the United States or any other jurisdiction without obtaining any required prior authorization from the competent government authorities as required by those laws and regulations.

Using the Service and/or Site, sending us emails, and completing online forms constitute electronic communications, you consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to You electronically, via email and at the ClearVPN, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE AND/OR SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.