Terms and Conditions of Use

Introduction

These are the terms and conditions (“Terms”) which apply to your use of https://homevpn.org/ (the “Website”) and the HOME VPN application (the “Application”) together with any content software and features associated with our services including virtual private network (VPN) services (collectively the “Services”).

Please read these Terms of use carefully before you start to use the Services. We recommend that you print a copy of these Terms for future reference.

If you do not agree to these Terms (and any changes to these Terms) you must not use the Services.

The Services are operated by Home VPN Ltd (“Home VPN” “our” “us” “we”). We are a limited company incorporated under the laws of England and Wales (company number is 14494236) and our registered office is at 86-90 Paul Street London England United Kingdom EC2A 4NE.

Any reference in these Terms to “you” includes you or any person for whom a Home VPN account has been created and/or whose payment method is charged.

By accessing or using the Services you agree that you understand and agree to be bound by these Terms.

Key Terms

By using the Services you represent and warrant that you are an individual over the age of 18 or at least the age of majority in the jurisdiction where you reside or from which you use the Services.

You shall not use the Services for commercial and/or business purposes. If you are intending to use the Services in a commercial business or other non-individual capacity please contact us directly at hello@homevpn.org.

We grant you a limited revocable non-exclusive personal non-transferable non-sublicensable non-assignable fixed-term license (the “Licence”) to download and use the Services subject to your full compliance with these Terms.

Licence to Use Application

We grant to you a limited revocable non-exclusive personal non-transferable non-sublicensable non-assignable licence to download and use the Application and any updates or supplements to it strictly for the purposes of using the Services subject to these Terms.

By downloading and using the Application you are deemed to have read and accepted these Terms. If you do not accept these Terms you must not download or use the Application.

Privacy

Your privacy is of great importance to us. Home VPN does not as part of the Service collect, log, retain, or transfer any information about what you do online when connected to the VPN. This includes user-linked IP addresses, browsing history, network traffic destination, session information, DNS queries, and similar data.

Please note that you may be asked to provide personal information such as your name, email address, and payment information when registering to use the Services. The limited user data collected by Home VPN is processed in order for us to properly deliver the Services. For more information about how we collect and process your personal data please read our Privacy Policy.

The limited user data held by us may be shared with third parties in the context of actual or threatened legal proceedings if we are required to disclose the information pursuant to a court order or a requirement of any governmental or regulatory body in the country from which you use the Services.

Resellers

You can only access our Services by downloading the Application via the Apple App Store or Google Play Store (“Resellers”). You will be subject to the specific terms and conditions of the applicable Reseller from whom you downloaded the Application which will govern your use of that Reseller.

Account

Access to the Services is strictly restricted to users with a registered account (“Account”). You will register for an Account via the Application and you will ensure that the data you provide to us when registering for an Account (“Personal Information”) is true, accurate, and complete. You agree to promptly update any changes to your Personal Information.

Each individual user is limited to one Account on the Application.

We reserve the right at our sole and absolute discretion to decline a registration for an Account or cancel or suspend an Account or restrict and prevent you from using and accessing your Account and/or the Services or take any other legal measures available to us at any time with or without notice if we believe at our sole and absolute discretion that you have violated any applicable laws or these Terms.

If we restrict and prevent you from using and accessing your Account and/or the Services all rights granted to you under these Terms shall cease immediately.

Any termination of these Terms or cancellation or suspension to your Account will be governed by the terms and conditions of the applicable Reseller from whom you downloaded the Application. As any payments for the purchase of Points (as defined in clause 7.1.2 below) have been paid to the Resellers you agree that we shall not be liable to you in any way whatsoever for any termination of these Terms or for any cancellations or suspensions of your Account including refunds from the Resellers for any purchases made pursuant to clause 9.2.

Plans

Short-Term Plans

These are plans which enable you to use the Services for a period up to a maximum of 7 days. These Short-Term Plans can only be accessed by redeeming points (which is our intermediary currency within the Application) (“Points”).

You can earn Points which will be credited to your Account in any of the following ways:

Points can only be redeemed for the purchase of Short-Term Plans and have no expiration date. Points cannot be refunded, resold, transferred for value, redeemed for cash, or applied to any other products or services except to the extent required by law.

Subscription Plans

These are plans which enable you to use the Services for a period up to a minimum of 1 month. These Subscription Plans are auto-renewing long-term plans which can be accessed solely by purchasing the Subscription Plans in the Application. Points cannot be redeemed for Subscription Plans.

We may change the cost of purchasing a Subscription Plan at any time but changes will not affect your current Subscription Plan in respect of which we have already received your payment and which has become or will become effective on the renewal of your Subscription Plan.

Payment and Automatic Renewal

When you make a payment for the purchase of Points or Subscription Plans you will be directed to the applicable Reseller’s payment provider (e.g. Apple App Store and Google Play Store) who will collect and store your financial and credit card information. Home VPN will not collect or have access to your financial, credit card, or other billing information.

We will not be responsible if your card issuer declines to authorise payment for any reason. You acknowledge that your card issuer may charge you an online handling fee or processing fee and we have no responsibility for this.

Home VPN’s Subscription Plans renew automatically at the end of each Subscription Plan for the same duration as the previous Subscription Plan unless cancelled (see clause 9 below). At the end of each Subscription Plan your chosen payment method stored within the Reseller’s payment platform is charged again for the renewal of the Subscription Plan which will be for the same duration as your current Subscription Plan. The charge on your chosen payment method will be for the price of the applicable Subscription Plan on the date on which your current Subscription Plan expires.

It is your responsibility to manage your payments and Subscription Plans within your account for the applicable Reseller.

Refunds and Cancellations

All billing and purchases of Points or Subscription Plans for Home VPN’s Services are made through the applicable Reseller’s payment platform. As such it is your responsibility to contact the applicable Reseller regarding any cancellations or refunds.

All cancellations and refunds relating to Home VPN’s Services and the purchases of Points or Subscription Plans including any rights you may have as a consumer to withdraw from these Terms within 14 days from making such purchases through the Reseller’s payment platform (if applicable) are subject to the Resellers’ legal terms.

You are only able to request refunds directly from the Resellers which are issued solely in accordance with the terms and/or the discretion of the Resellers.

Referrals

If you are an existing customer and have a valid Account with Home VPN (Referrer) you may refer third party individuals who do not have an Account with Home VPN (New Customer) to join and create an Account. On the successful registration of an Account by the New Customer both the Referrer and the New Customer will be rewarded with Points credited to their respective Accounts.

Home VPN encourages fair usage of the Referral Programme and so each New Customer can only be referred as part of the Referral Programme once although the New Customer may refer other New Customers to the Referral Programme once they have registered for an Account with Home VPN.

Before you refer anyone to the Referral Programme you must ask their permission first; you must ensure you have obtained the potential New Customer’s consent to being referred to the Referral Programme.

Home VPN reserves the right to modify or discontinue the Referral Programme at its sole and absolute discretion at any time with or without notice.

Intellectual Property Rights

We are the owner or the licensee of the software and all other intellectual property rights used by us to provide you with the Services. Your use of the Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You have no intellectual property rights in or to the Services other than the right to download and use the Services in accordance with these Terms.

You hereby grant Home VPN and/or its affiliated companies a perpetual royalty-free irrevocable worldwide license to use any recommendation, idea, proposal, suggestion, feedback, review, or other input related to our Services (“Feedback”) you communicate to us without reimbursement or compensation without any obligation to report on such use and without any other restriction.

Licence Restrictions

It is strictly prohibited to use Home VPN’s Services for:

Except as expressly set out in these Terms you agree:

Service Availability and Changes

We provide the Services on an “as-is” and “as-available” basis at your sole risk. We do not guarantee that the Services will be (i) compatible with all devices, safe, or fit for purpose; (ii) supported by any mobile carrier or broadband provider; or (iii) error-free, continuously available, or uninterrupted.

We will not be liable to you if for any reason the Services are unavailable at any time or for any period or for any loss suffered in reliance on the functionality of the Services.

We make no representations, warranties, or guarantees, whether express or implied, that any content forming part of the Services is accurate, complete, or up-to-date.

You are responsible for making all arrangements necessary for you to have access to the Services. You are responsible for configuring your information technology, computer programs, and platform in order to access the Services. We are not responsible for data, messages, or pages lost, not delivered, delayed, or misdirected because of interruptions or performance issues with the Services, communications services, or networks.

You should use your own virus protection software.

We may update the Services from time to time and may change the content at any time. Any of the content that forms part of the Services may be out of date at any given time and we are under no obligation to update it.

We reserve the right to modify, substitute, or withdraw any information on the Services.

You are solely responsible for securing and backing up your content.

Our Liability

Nothing in these Terms excludes or limits our liability for: (i) death or personal injury arising from our negligence; or (ii) our fraud or fraudulent misrepresentation; or (iii) any other liability that cannot be excluded or limited by English law.

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if at the time you start to use the Services both we and you knew it might happen, for example, if you discussed it with us prior to using the Services.

We are not liable for business losses. We only supply the Services for domestic and private use. If you use the Services for any commercial, business, or re-sale purpose we will have no liability to you for any indirect, consequential, or special losses including loss of profit, loss of business, business interruption, or loss of business opportunity.

The Website and the Application may contain or include technical inaccuracies or typographical errors. We will not be liable for any losses in connection with any such inaccuracies or errors and we do not have any obligation to identify and/or correct any such inaccuracies or errors.

If our performance under these Terms is affected by an event outside our control (“Force Majeure Event”) we will take steps to minimise the effect on the Services. We will not be liable for delays or failures to perform our obligations which are caused by a Force Majeure Event.

Subject to clauses 14.1 to 14.5 our maximum liability for any claim arising under or in connection with these Terms (including any use of the Services) whether in contract, tort (including negligence), or otherwise shall in all circumstances be limited to the value of Points at the date such Points were purchased or redeemed by you to purchase the subscription period to which the particular claim relates.

To the extent permitted by law we exclude all conditions, warranties, representations, or other terms which may apply to the Services whether express or implied.

Viruses

We do not guarantee that the Services will be secure or free from bugs or viruses.

You must not misuse the Services by knowingly introducing viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.

You must not attack the Services via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach your right to use the Services will cease immediately.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect or corrupt your computer equipment, computer programs, data, or other proprietary material due to your use or download of the Services or to your downloading of any content on the Application or Website or on any website linked to it.

Third-Party Websites

The Services may contain links to other independent third-party websites (“Third-Party Sites”). Third-Party Sites are not under our control and we are not responsible for and do not endorse their content, their terms and conditions of use, or privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-Party Sites including the purchase and use of any products or services accessible through them (for example the Apple App Store and Google Play Store). We do not accept any responsibility or liability for the terms and conditions of use or privacy policies of Third-Party Sites.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk.

Complaints

If you have any complaints concerning any services we provide (as opposed to any service provided by any third party for whom we are not responsible) you must inform us straight away in writing and in any event within 28 days of the date of the issue giving rise to the complaint. We will respond to your complaint as soon as reasonably practicable and inform you of the next steps if applicable.

How to Contact Us

You can contact us by writing to us by email at hello@homevpn.org.

Governing Law and Jurisdiction

These Terms, their subject matter, and their formation (and any non-contractual disputes or claims) are governed by the laws of England and Wales. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Other Important Terms

If we fail to insist that you perform any of your obligations under these Terms or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Each of the provisions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

These Terms and any document expressly referred to in them constitute the entire agreement between you and us about the subject matter of these Terms and, in relation to such subject matter, supersedes and extinguishes all earlier understandings and agreements between you and us and all earlier representations by us including any innocent or negligent misrepresentations. We do not limit our liability to you for any fraudulent misrepresentations made by us in these Terms or otherwise.

These Terms are not enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to them.

Changes to These Terms

We may amend these Terms from time to time, for example, to keep it up to date or to comply with legal requirements. We will always update these Terms on our Website, so please try to read them when you visit the Website or prior to purchasing any Points or Subscription Plans.