THESE TERMS OF SERVICE (“TERMS”) IS A LEGAL AGREEMENT BETWEEN YOU (AN INDIVIDUAL, THE USER) AND CometVPN (THE RIGHTHOLDER, OWNER OF ALL RIGHTS, WHETHER EXCLUSIVE OR OTHERWISE TO THE SOFTWARE). READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL THE SOFTWARE.
NOTE THAT THESE TERMS REQUIRE THAT YOU AND CometVPN SUBMIT ANY DISPUTE ARISING OUT OF THE INTERPRETATION OR APPLICATION OF THESE TERMS OR ANY BREACH THEREOF TO ARBITRATION.
CometVPN may modify the Terms from time to time without prior notification. The Terms are binding from the time that they are updated on our website on cometvpn.com. The amendment of Terms may be broadcasted to you by sending an email and/or by publishing the updated Terms on CometVPN website.
1.1. CometVPN provides VPN (virtual private network) software for the User’s exclusive use, at their own risk and responsibility. The User is solely and exclusively responsible for the use of CometVPN. CometVPN shall not be liable for any loss, monetary or non-monetary harm, and this shall not include attorney fees or court costs irrespective of any laws or statutes that prescribe otherwise.
1.2. CometVPN grants the User a non-exclusive and limited license to download and use CometVPN. CometVPN services are owned and copyrighted by CometVPN, and are protected worldwide. CometVPN retains all right, title and interest in and to the CometVPN services and any portion thereof, including, without limitation, all copyrights, trademarks, service marks, trade secrets and other intellectual property rights. All rights are reserved unless otherwise noted. Modifying, distributing to unauthorized parties, reverse engineering, or otherwise using CometVPN in any way not expressly authorized by CometVPN with a written consent is strictly prohibited.
1.3. In order to use CometVPN, the User shall install the Software and register using an email address. A valid email address must be provided at registration for creation of the CometVPN user account. The User may also login with an email and password they have already registered at cometvpn.com.
1.4. By providing the email address, the User agrees to receive notifications about any modifications to CometVPN, promotional information about CometVPN or similar products or services offered by CometVPN. In case the User wishes not to receive any marketing emails any more, they can disable them in your CometVPN personal account or unsubscribe right in the received email.
2. Terms of Sale
2.1. The User pays for a subscription that allows to activate CometVPN, a software that is downloadable from https://cometvpn.com/
In order to use the unlimited version of CometVPN, The User must purchase a subscription: Monthly, Half-Yearly or Annual. Once the User purchases a subscription, it is automatically linked to their CometVPN personal account.
2.2 The order process is conducted by online resellers Paddle.com and Coingate.com. Paddle and Coingate provide all customer service inquiries and handle returns.
2.3. If the User has not cancelled the auto payment feature, the funds will be charged from their account automatically and the CometVPN license will be renewed. If the User disables auto renewal before the CometVPN license expires, they will receive a notification with the complete information regarding the terms of its renewal via an email to the address the User specified at time of original purchase.
2.4. After the license that was purchased using coupons or discounts expires, the payment for the license renewal will be charged at full price. All changes to prices will be sent to the User in the email they've registered when purchasing the license.
2.5. The User can cancel the automatic license renewal service at any time in their personal account to which the CometVPN subscription is bound to without any additional charges. The paid license will continue to operate, but the User will have to renew it manually when it expires.
3. Refund policy
We grant our customers a possibility to return 100% of funds they spent on CometVPN subscriptions purchased
from https://cometvpn.com/ (for subscriptions purchased elsewhere, look for the refund policy of that
Important: Monthly subscriptions are not refunded. For Half-Yearly and Annual subscriptions, we have a 30-day money-back-guarantee. All refund requests made within 30 days since the Annual subscription purchase are satisfied no matter what the reason is.
The subscription in question becomes blocked the moment the refund is issued. After 30 days, all requests are considered individually and the decision whether to issue a refund is left up to CometVPN. We do not grant partial refunds for subscription upgrades and renewals. Each case of partial refund request is discussed separately between the User and Support, and satisfied only upon mutual agreement. To get a refund for a subscription purchased on official website, https://cometvpn.com/, the User must contact the support team: [email protected]. Processing time will depend on payment method the User has chosen and usually takes up to 5-10 business days.
4.1. The User may not make or distribute copies of the Software, or electronically transfer the Software from one Computer to another or over a network.
4.2. The User may not alter, merge, modify, or adapt the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form, except to the extent permitted by applicable law notwithstanding this restriction or to the extent otherwise expressly permitted by CometVPN.
4.3. The User may not sell, resell, rent, lease, or sublicense the Software. Only authorized Partners of CometVPN are permitted to resell or sublicense the Software.
4.4. The User may not modify the Software or create derivative works based upon the Software.
4.5. In the event that the User fails to comply with these Terms, CometVPN may terminate all licenses to the Software and the User must destroy all copies of the Software.
4.6. The User may not remove or modify any proprietary notice or labels from the Software or any output of the Software, including author attribution and copyright notices.
4.7. The User may not use the Software for any non-authorized purpose or any illegal purpose under applicable law.
4.8. In case of violation, CometVPN reserves the right to suspend accounts or limit access to CometVPN in its sole discretion. Such suspension or access limitation may be implemented by CometVPN instantly and without any notice. If the User’s account has been suspended, the User can contact CometVPN for further information.
5.1. CometVPN guarantees a strict no activity logging policy for CometVPN services: the User’s activities while using it are not monitored, recorded, logged, stored or passed to any third party. Keynote: we do not record IP addresses and domain names of sites the User visits; we do not record the User’s IP address.
6. Warranty Disclaimer
6.1 THE USER EXPRESSLY AGREES THAT USE OF THE SOFTWARE IS AT THE USER’S SOLE RISK. THE SOFTWARE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. RIGHTHOLDER AND ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS WITH REGARD TO THE SOFTWARE OR ANY PRODUCTS OR SERVICES PROVIDED UNDER THESE TERMS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND QUIET ENJOYMENT. RIGHTHOLDER DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2 or ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE (UCC), AS IMPLEMENTED IN ANY JURISDICTION, WILL BE CONFERRED ON THE USER UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS OR HIGH-RISK ENVIRONMENTS OR USE CASES REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. RIGHTHOLDER SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
6.2. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE OR ANY PRODUCTS OR SERVICES PROVIDED UNDER THESE TERMS, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF DELIVERY OF SUCH SOFTWARE, PRODUCTS, OR SERVICES.
6.3. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RIGHTHOLDER OR ITS PARTNERS, AGENTS, OR EMPLOYEES SHALL CREATE A REPRESENTATION OR WARRANTY, NOR IN ANY WAY INCREASE THE SCOPE OF ANY EXPRESS REPRESENTATION OR WARRANTY PROVIDED HEREIN.
6.4. RIGHTHOLDER SHALL HAVE NO LIABILITY, AND THE USER RELEASES RIGHTHOLDER OF ANY AND ALL LIABILITY, IF THE SOFTWARE HAS BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT OF USE OF THE SOFTWARE WITH OTHER THAN A RECOMMENDED HARDWARE CONFIGURATION, PLATFORM OR OPERATING SYSTEM.
6.5. RIGHTHOLDER IS NOT RESPONSIBLE FOR ANY THIRD-PARTY SOFTWARE INSTALLED BY THE USER, INTENTIONALLY OR INADVERTENTLY, BY PURCHASING LICENSES OR DOWNLOADING THE SOFTWARE FROM AN UNAUTHORIZED PARTY THAT IS NOT A RIGHTHOLDER PARTNER.
6.6. THE USER IS RESPONSIBLE FOR ENSURING THAT THEIR PARTICULAR USE OF THE SOFTWARE DOES NOT VIOLATE APPLICABLE LAW, THIRD-PARTY RIGHTS, OR THEIR CONTRACTUAL OBLIGATIONS TO THIRD PARTIES.
7. Limitation Of Liability
7.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER RIGHTHOLDER NOR ITS SUPPLIERS OR PARTNERS SHALL BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE OR ANY PRODUCTS OR SERVICES PROVIDED UNDER THESE TERMS WHETHER BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF RIGHTHOLDER OR ITS SUPPLIERS OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
7.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RIGHTHOLDER’S TOTAL LIABILITY TO THE USER FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT THE USER ACTUALLY PAID TO RIGHTHOLDER FOR ANY SOFTWARE OR OTHER PRODUCTS OR SERVICES PROVIDED UNDER THESE TERMS.
7.3. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THESE TERMS.
8.1. Applicable Law, Arbitration, and Choice of Venue. These Terms will be governed by and construed in accordance with the laws of the Republic of Cyprus without reference to conflicts of law rules and principles. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any dispute arising out of the interpretation or application of the terms of these Terms or any breach thereof shall, unless it is settled by direct negotiation, be adjudicated by arbitration in the Republic of Cyprus. Any award rendered by the arbitrator shall be final and binding on the parties and any judgment on such arbitration award may be enforced in any court of competent jurisdiction. Nothing in this Section 6 shall prevent a Party from seeking or obtaining equitable relief from a court of competent jurisdiction, whether before, during or after arbitration proceedings.
8.2. Entire Agreement and Non-waiver. These Terms contain the complete agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. The User agrees that any varying or additional terms contained in any purchase order or other written notification or document issued by The User in relation to the Software licensed hereunder shall be of no effect. The failure or delay of Rightholder to exercise any of its rights under these Terms or upon any breach of these Terms shall not be deemed a waiver of those rights or of the breach.
8.3. Restriction on Amendments. No Rightholder Partner, or agent or employee of a Rightholder Partner, is authorized to make any amendment to these Terms. Any conflict or ambiguity between these Terms and any separate terms or conditions provided by a Rightholder Partner regarding the Software shall be resolved in favor of these Terms.
8.4. Severability. If any provision of these Terms shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect.
8.5. No Use Where Prohibited. Use of the Software is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms.
8.6. Assignment. The User may not assign, by operation of law or otherwise, any rights or delegate any duties under these Terms to any third party without prior written consent by Rightholder. Any purported assignment lacking such consent will be void at its inception. Rightholder may assign all or part of its rights and/or delegate all or part of its duties under these Terms to any party, at any time, and in its sole discretion, upon notice of assignment by publishing such notice on its website.
9. Period for Bringing Actions
No action, regardless of form, arising out of the transactions under these Terms, may be brought by either party hereto more than one (1) year after the cause of action has accrued, except that an action for infringement of intellectual property rights may be brought within the maximum applicable statutory period.
10. Contact Information
Should the User have any questions concerning these Terms, or if the User desires to contact the Rightholder for any reason, please contact our Customer Support Service:
Email: [email protected]
© 2023 CometVPN. All Rights Reserved. The Software and any accompanying documentation are copyrighted and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.