Terms and Conditions

General Push VPN Terms and Conditions

pushVPN_app

BY ACCESSING, USING, INSTALLING OR DOWNLOADING PUSH VPN 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 PUSH VPN 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 PUSH VPN AS DEFINED BELOW.

1. Service provider
The service Push Virtual Private Network (hereinafter called Push VPN) is hereby offered by MALLET SOLUTIONS LP (hereinafter called Push VPN).


2. Agreement
This agreement is concluded between MALLET SOLUTIONS LP, registered office address Suite 7196 6 St Colman's Park, Newry, County Down, Northern Ireland and you, as User of Push VPN.

Push VPN hereby grants you a personal, non-exclusive, not transferrable, limited and revocable license to use the Push VPN (including its Apps and the Push VPN Client Software, designed exclusively to access the Push VPN) solely in accordance with the terms of this Use Agreement. Push VPN 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 are allowed to use Push VPN only if you are legally capacitated and authorized to conclude an agreement with Push VPN and such conclusion is not forbidden to you according to the applicable laws.

You hereby represent and warrant that you will use the Push VPN 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 Push VPN; (ii) use the Push VPN for any fraudulent or inappropriate or illegal purpose (i.e., cyber activity); or (iii) act in any way that violates this Agreement.


3. Your data traffic, your data and data security
Push VPN should provide you with the possibility to perform internet traffic using a computer (the so-called VPN-Server) in various regions and not to disclose your IP address. Your data traffic is thus encoded and cannot be spied out. The goal of Push VPN is to protect your privacy but not your computer. Push VPN is not meant as an antivirus or antimalware tool.

Push VPN does not store data within Push VPN which permit interference with your personal data. For all operations, which imply the storage of personal data, such as for example payment operations, Push VPN cooperates with third party providers, who undertake the separate storage of data, for more information we recommend you review our privacy policy.

Push VPN collects and uses no personal data to make Push VPN available. If you want to find out more about the way in which Push VPN collects and uses data, please read our Privacy Policy.


4. Modifications and Updates
From time to time, Push VPN at its absolute discretion, can modify Push VPN, for example by adding or removing certain functions of VPN servers or by updating the software.

Push VPN may, at its sole discretion, provide limited technical support, upgrades and updates for the Push VPN. In order to enhance and further develop the Push VPN s 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 Push VPN. We have no obligation to make available to you any support versions of the Push VPN. Additionally, we shall have no obligation to provide support or maintenance for the Services under this Agreement.


5. External service providers
In order to make the service Push VPN available, Push VPN cooperates with third party providers (such as, Digital Commerce Providers for payment operations or Data Processing Centers for our VPN servers). If you want to find out more about the third party providers, with whom Push VPN cooperates, please read our Privacy Policy. Thus, you award Push VPN the necessary approvals to store and/ or process there safely your encoded data and/ or your encoded data traffic. The purpose is exclusively to make Push VPN available.

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.


6. Data protection
Push VPN collects and uses no personal data to make Push VPN available. If you want to find out more about the way in which Push VPN collects and uses data, please read our Privacy Policy.


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.

Your user account is linked to a "Personal Unblock Key" (PUK), which you will receive one time upon creation of the user account. Push VPN would like to advise you on the fact that this is the only available method (besides the input of your Premium Activation Key) to access again an account for which you had forgotten the password.


8. Your responsibility
As Push VPN may be accessed from all around the world, you undertake to ensure that your use of the Push VPN 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 Push VPN (including without limitation any related malware signatures and malware detection routines), or (B) change, modify or otherwise alter Push VPN (including without limitation any related malware signatures and malware detection routines); (iv) publish, resell, distribute, broadcast, transmit, communicate, transfer, pledge, rent, share or sublicense Push VPN; (v) use Push VPN to provide or build a product or service that competes with Push VPN; (vi) use or attempt to use Push VPN 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 Push VPN; (viii) gain or attempt to gain unauthorized access to Push VPN 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.

The present use agreement, the applicable laws and other provisions are binding for you and you are the only one responsible for the observance thereof. You understand that Push VPN undertakes no responsibility for your actions. In case of statutory violations by the user, PUSH VPN may cooperate with public or private authorities at its sole discretion as provided by law.

PUSH VPN reserves the right, in case of breach of this Agreement, to, inter alia, restrict or suspend, in whole or in part, the access to Push VPN 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 Push VPN, their legal interest, for e.g. the intellectual property, is violated, can contact us via this email [email protected] so that we can prevent the further access to such content.


9. Disclaimer
Push VPN provides no warranty the service or the software. Push VPN 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, PUSH VPN provides no warranty for the availability of certain VPN servers within the Push VPN network and for the performance thereof.

EXCEPTAS OTHERISE SPECIFICALLY PROVIDED HEREIN, Push VPN IS PROVIDED “AS IS” AND Push VPN 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 NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SUITABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. PUSH VPN DOES NOT WARRANT THAT THE OPERATION OF PUSH VPN 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.


10. Indemnification
You agree to indemnify and hold Push VPN 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 Push VPN. The user is solely responsible for his or her actions when using the Push VPN.


11. Termination
Prepaid Pay Scales do not require any termination and end automatically upon expiry of their validity term.

In case of Premium and Premium Plus subscriptions, your subscription will be renewed automatically for respective billing cycles until you terminate your subscription, e.g. if you select to subscribe for a monthly subscription in January 1st, unless you notify us you wish to terminate your subscription by January 31st, we shall automatically renew your subscription for February and charge you accordingly.

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 guaranty 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 and will have access to the services until the expiration of the yearly subscription, but at the expiration of the subscription the latter will not be renewed).

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 Push VPN Apps and Push VPN Client-Software.

Push VPN can terminate at any time the agreement by providing with relevant notice at is discretion.

Push VPN can also terminate extraordinary at any time the agreement in case of an atypical use. An atypical use means, for example, a monthly transfer volume, which includes the entire ingoing and outgoing data traffic, higher than 80 GB. Currently, the traffic volume is not measured. However, Push VPN reserves the right to install corresponding tracking systems and to prevent unfair use in case of an unusually high utilization degree of the entire network.

Upon termination of this Agreement, all licenses granted herein will be terminated and you will no longer have access to Push VPN.


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. Revocation
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.

THE CONSUMER:

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.

12.3 To exercise the right of revocation, the Consumer must inform Push VPN ( email: [email protected]shvpn.com or https://pushvpn.com/contact.) by making a clear declaration of his decision to revoke the contract (e.g. by letter sent by regular mail 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, our payment processors must promptly refund all of the payments 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. For this refund, will be used 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 a reasonable amount, which corresponds to the percentage of Services provided by the time the Consumer informs 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: refund can be refused 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 no later than fourteen days from the date on which the Consumer informed 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.


13. Separate regulations for the Free-Rate
In order to use Push VPN Free no user account must be configured. However, you must install the Push VPN Apps and/or the Push VPN Client Software.

Push VPN is entitled anytime to suspend or restrict the access to Push VPN Free.

You can terminate this agreement anytime. To this end, you must delete the Push VPN Apps and/ or the Push VPN Client-Software.

Push VPN can also terminate anytime this agreement.


14. Amendments
Push VPN reviews this use agreement from time to time and the updated version is always published on our website. Push VPN informs you on the amendments by means of a Pop-up window, when you log-in to the service. Then, you can accept the amendments to be able to further use Push VPN.


15. 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.

Service description and prices of Push VPN.
By means of Push VPN, MALLET SOLUTIONS LP, %s (hereinafter called Push VPN), makes available to you the Push VPN Apps and the Push VPN Client-Software, which should provide you with the possibility to perform internet traffic using a computer (the so-called VPN-Server) in various regions and to keep your IP address hidden. Your data traffic is thus encoded and can not be spied out.

To this end, Push VPN provides the following services:

1.1 Virtual Private Network
You can connect to Push VPN Virtual Private Network (VPN) by using an end machine (PC, Smartphone, etc.) via the Internet. For this purpose, Push VPN makes available the infrastructure, comprising Login-Servers with Load Balancing, VPN-Servers (NAT) and DNS-Servers. For various operating systems, Push VPN makes available various Clients.

1.2 Serverpark
You can connect with the help of our Client Software, to our Apps or natively to one of our VPN servers. For this purpose, we make available servers in various countries.

Protocols
The VPN servers support the following protocols:

OpenVPN
IKEv2
L2TP/IPSec

According to the available pay scale, you can access more or less VPN servers. The access is made according to the pay scale and machine either via national servers and/ or via VPN servers.

1.3 Machines
According to the available pay scale, you can use simultaneously up to 7 machines of your choice with your user account (Desktop-PCs, Laptops/Notebooks, Smartphones, Tablet-PCs or other machines able to connect to the Internet).

1.4 Bandwidth
In most locations of the VPN servers, the available bandwidth is not restricted artificially and depends on the VPN server connection and your internet access. In certain location with limited interface, the VPN servers are restricted artificially in order to provide a fair and constant use. The corresponding servers are marked.


2. Access
Your access to the administration and use of Push VPN is made via the Internet.

In order to use Push VPN Free there is no need for a user account. However, you must install the Push VPN Apps and/or the Push VPN Client Software.

In order to use Push VPN Premium, a user account must be configured. This is completely anonymous, without the authentication of personal data.

3. Online-Support
Push VPN provides you over the Internet Online-Help in the form of FAQ, Tips, Instructions etc.

4. Prices and Pay Scales
The prices can be seen on the Company’s website and may be amended from time to time.

5. Invoicing
The invoicing and payment procedure for your Pay Scale is performed exclusively by resellers, in order to enable a separation of the payment data from the data of the VPN user account. All transactions performed via our internet website and our Clients are conducted by our business partners, namely either PayPal and Tap2Pay.

The following apply for Prepaid: The fees for your Premium-Pay Scale are invoiced upon acquisition of the Prepaid Activation Key. The validity period of the pay scale starts with the date on which you activate the Prepaid Activation Key and ends automatically.

The following apply for a subscription: The fees for your Premium-Pay Scale are invoiced starting with the date when you acquire a Premium-Pay Scale and thereafter will be calculated monthly or yearly, until your Premium-Pay Scale or your User Account is terminated.

In case that the Pay Scale is activated on a day, which does not exist in a certain month or year, our payment processors on behalf of Push VPN will debit your credit card or bank account on the last day of the following month or following year. For example, if your Pay Scale was set for use on January 31, February 28 is the following invoicing date.


Push VPN can change the applicable fees and costs or may charge from time to time additional fees and costs. You will be informed in advance by e-mail on such changes. You are responsible to update your contact data and payment information.

Your Premium-Pay Scale will be valid until you terminate your Pay Scale or user account or until we deleted them. You must terminate your Premium-Pay Scale 30 days before the expiry of the monthly or yearly invoicing period in order to prevent the debiting of your credit card or bank account with the next monthly or yearly fee.