General Terms of Service
Last updated: August 22, 2024

INTRODUCTION

General Terms. Thank you for choosing FortixVPN. Before starting, please read these General Terms of Service (“General Terms”) carefully. These General Terms cover the scope of your use of and access to the FortixVPN service and any related software (as described below) provided by FortixVPN (collectively, the “Service” or “Services”). These General Terms also govern the use of and access to FortixVPN's website (“Website”).

Subscription. All our paid Services are provided on a Subscription basis. This means that the provision of the Services will auto-renew at the end of the current Subscription period unless you cancel it before the auto-renewal. For a summary of key aspects related to your Subscription of our Services, please read the Subscription Terms.

Terms. These General Terms and the Subscription Terms, along with any applicable Service Specific Terms (see Section 2 of the General Terms below) (collectively, the “Terms”).

FortixVPN. For the purpose of the Terms, “FortixVPN,” “we,” “us,” or “our” means FortixVPN Inc., 2264 Madison Avenue, Suite 567, New York, NY, 10022, USA.

Privacy. For information about how we collect and process your personal data, please read our Privacy Policy.

YOUR AGREEMENT WITH FORTIXVPN

Binding Legal Agreement. Please note that the Terms constitute a binding legal agreement between you or those you legally represent (“you”) and FortixVPN. You agree and accept to be bound by these Terms by either: (i) creating a user account and/or other accounts to use Services (“Account”); (ii) downloading Software or accessing/using our Services and Website; or (iii) otherwise electronically agreeing to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and acknowledging that you have the authority to act on behalf of that organization and commit to these Terms on behalf of that organization.

OUR SERVICES ARE OFFERED TO YOU CONDITIONAL ON YOUR ACCEPTANCE OF THESE TERMS. PLEASE READ CAREFULLY ALL OF THEM. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR ANY PROVISIONS HEREOF, PLEASE DO NOT ACCESS AND USE OUR SERVICES AND/OR WEBSITE.

Service Specific Terms. Certain Services may require additional terms and conditions. Your use of our Services specified below is subject to the General Terms and any Service Specific Terms (“Service Specific Terms”):

FortixVPN Additional Terms:

By using the Services, you also agree to the Service Specific Terms applicable to the respective Service(s). If there is any conflict or inconsistency between clauses in the Terms and Service Specific Terms, the Service Specific Terms govern and apply in relation to that specific Service(s).

Services. Our Services are usually provided as paid Services. We may also offer a version of certain Services free of charge. The Terms apply to both types of Services.

Accessing the Services and/or Website. You affirm that you are eighteen (18) or more years of age or have the authority to act on behalf of a valid legal entity, and you are fully able and have all rights and power to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with them.

Updates to the Terms. We constantly develop our Services and Website, introducing new features or modifying current ones. Additionally, we may need to update the Terms by amending them from time to time to comply with the law, introduce new functionality, correct errors, or for any other valid reason. You understand and agree that it is your obligation to review the Terms periodically to stay informed of current rules and obligations. Notification of any material changes to the Terms that affect your rights or obligations will be provided in advance by reasonable means (e.g., via email). Unless otherwise stated by us, each update of the Terms comes into force as of the moment when the amended Terms are published. Your continued use of the Services will be deemed acceptance thereof. You can also end your relationship with us at any time after the effective date of the updated Terms by closing your Account and/or not accessing our Services and Website.

THE TERMS MAY CHANGE, SO IT IS IMPORTANT TO REVIEW THE TERMS PERIODICALLY.

SUBSCRIPTION AND AUTO-RENEWALS

Subscription. All our paid Services are provided on a Subscription basis. You choose the period of Services and the payment method when you purchase the Services. Please review the Subscription Terms for more information.

Auto-Renewal. After the end of your Service period, your Subscription will automatically renew for successive defined Service periods at the renewal dates unless you decide to cancel the Subscription renewal before the day of the charge. If you do not cancel the Subscription in such due course, your chosen payment method will be charged the then-current renewal price for the upcoming defined Service period.

YOUR USER ACCOUNT

Creating an Account. To access and use any of our Services, you must set up an Account by providing certain information (e.g., your email address, password, billing information, country). All information you provide must be complete, accurate, true to the fact, and kept up to date. All FortixVPN Accounts are non-transferable.

Confidentiality of and Access to the Account. You agree to accept responsibility and are solely responsible for any and all usage and activities that occur under your Account or password, including but not limited to, use of the Account by any other person, whether or not authorized by you. You are responsible for maintaining the confidentiality of your Account and its password and for restricting access to your Account by any other party. To protect your Account, keep your password confidential. Do not reuse your Account password with other services. You agree to immediately notify us of any unauthorized use of your Account or password.

PRICES AND PAYMENTS

Total Price. Prices of our Services initially displayed to you may be exclusive of taxes. Due to the worldwide nature of our Services and the mobility of consumers, we might not be able to identify the particular taxes applicable to you in advance. Therefore, we can calculate the additional mandatory taxes (e.g., sales tax, value-added tax, or another mandatory tax under laws applicable to you) only after you choose your tax residence country. In any case, we will display the sum of additional taxes applicable to your purchase along with the total price of your payment before charging you.

Payments. You agree to pay us for any paid Services you purchase from us, as well as all other charges incurred under your Account, including applicable taxes and fees associated with your purchase of the Services. We may suspend or cancel the Services if we do not receive full payment from you on time. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your Account and its content.

Recurring Payments. When you purchase the Services on a Subscription basis (e.g., monthly, annually, or otherwise), you agree that (i) Services will auto-renew until you cancel it, (ii) you are authorizing recurring payments, (iii) payments will be made to FortixVPN by the method and at the recurring intervals you have agreed to, and, (iv) when applicable, FortixVPN may receive and use updated card account information from the financial institution that has issued your card (used to purchase the Services). For more information about the Subscription and its cancellation please read our Subscription Terms.

Payment Methods. To purchase Services directly through us on our Website, you must provide us with a current and valid method of payment, such as a credit or debit card or any other payment method available on the Website.

Billing. By providing FortixVPN with a payment method, you (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; (ii) authorize FortixVPN to charge the payment method you provided; and (iii) authorize FortixVPN to charge you for any paid Services you chose when making a purchase. You can view your billing history and manually generate receipts and invoices for our Services at any time in your Account. If you have any questions related to payments, please contact us.

Payment Providers. Purchases may be handled via multiple payment companies (e.g., payments for U.S. residents are processed by FortixVPN Inc., registered at 1234 Madison Avenue, Suite 567, New York, NY, 10022, USA). To find out more on how payment companies process your personal data, please refer to our Privacy Policy.

Payment Processing. FortixVPN reserves the right to (i) obtain and continue using updated credit card account information electronically, when applicable, from the card brands, (ii) retry failed payments to complete transactions, including but not limited to, retrying failed cards with extended expiration dates and, (iii) change or amend authorized payment companies to assist with payment processing.

Fraud Protection. FortixVPN reserves the right to verify credit/debit card payments before completing your purchase.


Changes of Payment Details. If any of your payment details change (e.g., card number or its expiry date), please let us know as soon as possible so we can continue to provide the Services when it comes time for the Subscription renewal. If you update payment details in your Account, the updated information will be regarded as your preferred method for any future payments. Sometimes we may receive updated credit or debit card information from your card issuer or the card network, which FortixVPN will use to update your payment details automatically.

Free Trials. In some cases, we or others on our behalf may offer a free trial for our paid Services prior to charging your payment method (“Free Trial”). The duration of the Free Trial, its use, and other details will be specified during sign-up and/or in the promotional materials. We determine your Free Trial eligibility at our sole discretion, and to the extent permitted under applicable law, we may limit or withdraw the Free Trial option at any time without notice. If you provide your payment details when signing up for the Subscription with a Free Trial, we will automatically charge you for the Subscription of our paid Services, and it will auto-renew until canceled. If you do not want to continue with a paid Subscription after the Free Trial, you must cancel it before the end of the Free Trial.

CANCELLATION AND REFUND POLICY

Subscription Cancellation. You have the right to cancel your Subscription (i.e., turn off auto-renewals for the upcoming Service period) at any time. Please note that canceled Subscriptions will not be refunded for the unused part of the ongoing Service period. Your possibilities to cancel the Subscription and/or get a refund may differ depending on whether you purchased Services from (or are billed through) FortixVPN or a third party (e.g., app store, service provider, retailer).

Refund. We seek your full satisfaction with our Services. However, if you are not satisfied with our Services, you may cancel the Subscription and request a refund within thirty (30) days following your purchase of our Services (“Money Back Guarantee”). Please note that Subscriptions may be refunded on the basis of the Money Back Guarantee only after the initial purchase. Once a Subscription is renewed, it cannot be refunded on the basis of the Money Back Guarantee, unless applicable law provides otherwise.

Pro Rata Refund. A Subscription longer than one month that has been renewed and purchased from the United States (after August 22, 2024), is eligible for either: (i) a full refund, if a refund request is made within thirty (30) days of being charged for automatic renewal; or (ii) if the mentioned thirty (30) days term has passed - a pro rata (partial) refund for the period left in your renewed Subscription, beginning the month after you request the refund.

Payment of Refund. Your request will be processed without any unreasonable delay, and the refund will be paid using the same payment method as the one used for the purchase, except as otherwise mutually agreed, unless applicable law prohibits us or payment service providers we rely on from processing the refund. For payments made in cryptocurrency, the refund will be made in the same cryptocurrency or in another cryptocurrency if the one used for the purchase becomes unavailable or impracticable to use. The amount to be refunded in cryptocurrency will be calculated based on the equivalent of the price paid in USD at the time of purchase. Payments made using prepaid cards or gift cards will not be refunded if such refund is not supported by the provider of the card. Once the refund is issued to you, you will lose access to the Services for which you were refunded.

Eligibility for Refund. You are eligible to get a refund for our Services under the Money Back Guarantee according to Section 6.2. If you buy a particular Service again after the refund for such Service, you will not be granted the Money Back Guarantee for any of its further cancellation. In case you cancel your Subscription at any time after the expiration of the respective Money Back Guarantee period, you shall be charged for the whole Subscription's duration (e.g., if you purchase an annual Subscription and you decide to cancel your Subscription after two (2) months, you will be charged the whole price, but once the Subscription has ended, it will not be renewed). Please be advised that our refund process is automated to ensure efficiency and timely response to user requests. If, however, you believe that the decision made by our automated refunds system is incorrect, and in accordance with applicable law, you have the right to get a refund, please reach out to us at support@fortixvpn.com and our customer support will review your case.

Subscriptions Purchased via Apple App Store. Subscriptions purchased via the Apple App Store are subject to Apple App Store refund policies. This means we cannot grant a refund if you made a purchase through the Apple App Store - please read Apple's in-app purchase refund policy and/or contact store support. If you purchased an automatically renewing Subscription through the Apple App Store and would like to cancel it, you will need to do so in your Apple App Store account directly. Instructions can be found here: Apple Support.

Subscriptions Purchased via other Providers. The refunds for purchases made from third-party app stores, marketplaces, retailers, and resellers (e.g., Amazon Marketplace, Amazon Appstore, Google Play, BestBuy, StackSocial) are handled according to the terms of service of the providers from which the Services were purchased. Cancellation of such Subscriptions may also be subject to the terms of certain providers.

Canceling the Auto-Renewal of the Subscription Purchased on our Website. If you have purchased an automatically renewing Subscription on our Website and would like to stop it from automatically renewing, you can do so at any time from your FortixVPN Account. Canceled Subscriptions will not be refunded for the unused part of the ongoing Service period.