This Terms of Service document (the "Terms") outlines the terms and conditions of use of the VPN services (the "Services" or "Service") provided by xTun, a Brand under xtun VPN ("xTUN VPN"). These Terms also govern the use of and access to xTUN VPN’s content (the "Content"), which includes the xTUN VPN website (the "Site"), applications (the "Apps"), and any software provided by xTUN VPN (the "Software"). By accepting the Terms and Conditions, you are also acknowledging the Privacy Policy.
By accessing the Content or Services, you agree on behalf of yourself or those you represent ("you") to comply with and be legally bound by these Terms. These Terms constitute a legally binding agreement (the "Agreement") between you and xTUN VPN. You may not use our Services if you do not agree with any part of the Terms.
xTUN VPN may update the Terms from time to time without notice. If you continue to use xTUN VPN’s Services, Content, Site, Apps, or Software after these changes take effect, then you agree to the revised Terms. The current version of the Terms is available on the Site. You understand and agree that it is your obligation to review these Terms from time to time to stay informed on current rules and obligations. Notification of any core changes to the Terms will be provided to subscribers through an email message or an update to the Site. Your use of the Content or Services following the changes to these Terms constitutes your acceptance of the changed Terms.
xTUN VPN is committed to your privacy and does not collect or log browsing history, traffic destination, data content, or DNS queries from Subscribers connected to our VPN.
xTUN VPN Services are available to you upon registration on the Site. By subscribing to the Services, you agree to become a subscriber ("Subscriber") for the period you have elected. A complete list of subscription plans and pricing is available on the Site. xTUN VPN 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 will not affect the Subscriber’s current subscription period and will become effective upon subscription renewal. Subscription purchases and refunds are handled via multiple third-party payment companies. We don’t have any auto-renewal systems because customers may forget the subscription dates at any time. Customers may need to unsubscribe from the VPN for a month or two. So we kept it in customers’ hands. After the expiration of the account validity, it’s up to the customer’s wish to renew or not. Each paid subscription grants you one devices at any given time. If you want to use the Services on more than one device at a time, you can purchase additional subscription plans. To do this, subscribe to our Reseller programme.
You may cancel your account with a full refund within 24 hours of your initial purchase ("Money Back Guarantee"). Refunds beyond the 24-hour purchase window will be considered, at the sole discretion of xTUN VPN, if a Subscriber can demonstrate that the Service was not available or usable during the subscription period and that reasonable attempts were made to contact xTUN VPN to resolve the issue. In this case, xTUN VPN may provide the Subscriber with a pro-rata refund of service fees paid during the period when the Service was not available or usable. Refunds are generally processed within seven (7) days and are made to the original form of payment used for the purchase. All refunds are sent in USD, and therefore the refund amount could differ from the amount originally paid in local currency or bitcoin. Any change to the original purchase, such as upgrading to an extended billing term or purchasing additional licences under the same account, shall constitute a waiver of the money-back guarantee option. To request a refund under the Money Back Guarantee, send an email with your request to the following email address: [Email 1]: support@xTunvpn.com Users whose subscriptions are billed as an in-app purchase through the Apple App Store (iTunes) do not have access to the xTUN VPN 24-hour money-back guarantee. Instead, users can request refunds through the App Store, which are issued solely at the discretion of Apple Support.
xTUN VPN Services may be accessed from all around the world, so it is your responsibility to assess whether using the Site, Apps, Software, or Services is in compliance with local laws and regulations. Whenever you use the Site, Apps, Software, or Services, you should comply with these Terms and applicable laws, regulations, and policies. You understand that it is your responsibility to keep your xTUN VPN account information confidential. You are responsible for all activity on your account. If you ever discover or suspect that someone has accessed your account without your authorization, you are advised to inform us immediately so that we may revoke your account credentials and issue new ones. xTUN VPN aims 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. Misuse refers to any use, access, or interference with the Content or Services contrary to the Terms or applicable laws and regulations. To protect the Services from being misused or used to harm someone, xTUN VPN reserves the right to take appropriate measures when our Services are being used contrary to these Terms and applicable laws. You agree that xTUN VPN may terminate your account without providing a refund for Services already paid if you misuse the Service. In using our Services, you agree not to: Send or transmit unsolicited advertisements or content (i.e., "spam") over the Service. Send, post, or transmit over the Service any content that is illegal, hateful, threatening, insulting, or defamatory; infringes on intellectual property rights; invades privacy; or incites violence. Upload, download, post, reproduce, or distribute any content protected by copyright or any other proprietary right without obtaining permission from the owner of the proprietary content. Upload, download, post, reproduce, or distribute any content that includes sexual or explicit depictions of minors. Engage in any conduct that restricts or inhibits any other Subscriber from using or enjoying the Service. Attempt to access, probe, or connect to computing devices without proper authorization (i.e., any form of "hacking"). Attempt to compile, utilise, or distribute a list of IP addresses operated by xTUN VPN in conjunction with the Service. Use the Service for anything other than lawful purposes.
Subject to your compliance with these Terms, xTUN VPN grants you a non-exclusive and limited licence to download and use the Software. Modifying, distributing to unauthorised parties, reverse engineering, or otherwise using the Software in any way not expressly authorised by xTUN VPN is strictly prohibited. Using any material subject to xTUN VPN’s intellectual property rights is prohibited unless you have been provided with explicit written consent by xTUN VPN.
All of our Content was originally written in English. Any translation of our Content is done on a best-effort basis. We cannot guarantee the accuracy of the translated Content. In the event of any discrepancy between the translated Content and the English Content, the English Content shall prevail.
xTUN VPN may provide you with content belonging to Third Parties ("Third Parties") or links leading to third-party websites. xTUN VPN is not responsible for the availability of the content provided by Third parties, as they are not under the control or supervision of xTUN VPN and may have different terms of use and policies. Your access through our Services to any website, service, or content provided by Third Parties does not indicate any relationship between xTUN VPN and such Third Parties.
We will strive to prevent interruptions to the Site and Services. However, these are provided on an "as-is" and "as-available" basis, and we do not warrant, either expressly or by implication, the accuracy of any materials or information provided through the Site or Service or their suitability for any particular purpose. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not make any warranty that the Services will meet your requirements, that they will be uninterrupted, timely, secure, or error-free, or that any defects, if any, will be corrected. You acknowledge that you access the Site and Services at your sole risk and discretion. VPN service coverage, speeds, server locations, and quality may vary. xTUN VPN will attempt to make the Service available at all times. However, the Service may be subject to unavailability for a variety of reasons beyond our control, including but not limited to emergencies, third-party service failures, transmission, equipment, or network problems or limitations, interference, or signal strength, and may be interrupted, refused, limited, or curtailed. We are not responsible for data, messages, or pages lost, not delivered, delayed, or misdirected because of interruptions or performance issues with the Service, communications services, or networks. We may impose usage or Service limits, suspend Service, terminate VPN accounts, or block certain kinds of usage in our sole discretion to protect Subscribers or the Service. The accuracy and timeliness of the data received are not guaranteed; delays or omissions may occur. xTUN VPN reserves the right to investigate matters we consider to be violations of these Terms. We may, but are not obligated to, in our sole discretion and without notice, remove, block, filter, or restrict by any means any materials or information that we consider to be actual or potential violations of the restrictions set forth in these Terms and any other activities that may subject xTUN VPN or our customers to liability. xTUN VPN disclaims any and all liability for any failure on our part to prevent such materials or information from being transmitted over the Service and/or into your computing device.
xTUN VPN shall not be liable or have any responsibility of any kind to any Subscriber or other individual for any loss or damage that you incur in the event of: In using our Services, you agree not to: any failure or interruption of the Site or Service; any act or omission of any Third Party involved in making the Site or Service or the data contained therein available to you; any other cause relating to your access to or use of, or inability to access or use, any portion of the Site or its Content; your interactions on the Site or Service; your failure to comply with this Agreement; the cost of procurement of substitute goods or services; or unauthorised access to or alteration of your transmissions or data, whether or not the circumstances giving rise to such cause may have been within the control of xTUN VPN or of any vendor providing software, services, or support for the Site or Service. In no event will xTUN VPN, its partners, affiliates, subsidiaries, members, officers, or employees be liable for any direct, special, indirect, consequential, or incidental damages, or for any other loss or damages of any kind, even if they have been advised of the possibility thereof. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify, defend, and hold harmless xTUN VPN, its officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the Content and Service, including but not limited to your violation of this Agreement. We may, at our sole discretion, assume the exclusive defence and control of any matter subject to indemnification by you. The assumption of such defence or control by us, however, shall not excuse any of your indemnity obligations.
This Agreement shall be governed by and construed in accordance with the laws of Bangladesh, excluding its rules governing conflicts of law.
All disputes arising out of or relating to this Agreement or the use of the Site or Services shall be finally settled under the Rules of Arbitration ("Rules") of the International Centre for Dispute Resolution (ICDR) by one arbitrator ("Arbitrator") appointed in accordance with said Rules. The arbitration shall be conducted in Road Town, Tortola, British Virgin Islands, unless all parties agree otherwise in a signed written agreement. The Arbitrator must be qualified and have a background in the area of computer networks, including but not limited to the internet. The Arbitrator shall have the authority to permit an expedited exchange of documents, but any discovery shall be limited to document requests and interrogatories. The Arbitrator shall have no power or authority to add to or detract from this Agreement, and the costs of the arbitration shall be borne equally, except as described below. The arbitration will be conducted on an expedited schedule. The arbitration must be concluded and an award issued no later than one hundred and twenty (120) days following the filing of the demand for arbitration, unless all parties to the arbitration proceeding agree in writing to an extension of time or continuance. Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Site or Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred. In the event that xTUN VPN is the respondent in any such arbitration, damages awarded against xTUN VPN may not exceed the amount you have paid xTUN VPN for use of the Service. The Arbitrator shall have the authority to grant any temporary, preliminary, or injunctive relief in a form substantially similar to that which would otherwise be granted by a court of law. The Arbitrator shall have no authority to award punitive damages. The resulting arbitration award may be enforced, or injunctive relief may be sought, in any court of competent jurisdiction in Bangladesh. Reasonable costs (including all costs of arbitration) and attorney’s fees shall be awarded against the party that commenced the arbitration in the event that party does not prevail in the arbitration. The parties subject to this arbitration provision include xTUN VPN, its officers, directors, and employees, and any company or legal entity that is a parent, subsidiary, or sister company to xTUN VPN or with which xTUN VPN has contracted to provide services to Subscribers through xTUN VPN.
If any provision in this Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement shall remain in full force and effect. Any failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision.
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