Terms of Service
Updated: 28 Feb. 2023
To use MetroVPN services, you shall read and abide by the MetroVPN Terms of Service ("Terms"), along with the Privacy Policy (“Privacy Policy”), both offered by SAILFISH PTE. LTD. Address:60 PAYA LEBAR ROAD #08-10
PAYA LEBAR SQUARE SINGAPORE (409051).
Please be sure to carefully read and fully understand the content of each clause.
Unless you have read, fully understood and accepted all the terms and conditions of the Terms, you have no right to use MetroVPN services. If you use MetroVPN services or accept the terms in any other express or implied manner, it shall be deemed that you have read and agreed to enter into the terms.
By creating an account for using our Services, you represent that you are at least eighteen (18) years of age or that you are a valid legal entity, and that the registration information you have provided is accurate and complete.
By agreeing to these Terms, you are also agreeing to the Privacy Policy.
1. PRIVACY POLICY
As a provider of the online service, we require users to provide certain information when registering to receive our Services. All information provided by Users is collected, used, maintained, shared and destroyed in accordance with MetroVPN Privacy Policy, available here, and incorporated into this Agreement by reference.
2. PROHIBITED ACTIVITIES
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. We reserve the right, at any time, in our sole discretion, with or without notice, to terminate the accounts of, and block access to the Services to any users who infringe any applicable laws or these Terms.
You specifically agree not to use this Service for:
Accessing/sharing/downloading/uploading illegal content, including, but not limited to, child pornography or content perceived to be child pornography;
Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
Sending or transmitting unsolicited advertisements or content ("Spam") over the Service, via e-mail or any other communication channel;
Attempting to access, probe, or connect to computing devices without proper authorization (i.e., any form of “hacking”);
Infringing upon or violating our intellectual property rights or the intellectual property rights of others;
Promoting illegal activities, or providing means for/helping other people commit illegal activities by providing instructional information;
Engage in any conduct that restricts or inhibits any other Subscriber from using or enjoying the Service.
Use the Service for anything other than lawful purposes.
to use the Services for any military purpose, including cyber warfare, weapons development, design, manufacture or production of missiles, nuclear, chemical or biological weapons;
to otherwise infringe or circumvent these Terms.
The account of any user found involved in any of the aforementioned activities will be suspended immediately without notice. Additionally, you may be held responsible for any and all damages incurred by the Company, including any amounts charged by any outside entity due to said violation(s), including without limitation attorney's fees and costs.
3. POLICY OF COPYRIGHT
Users cannot use MetroVPN for infringement on the intellectual property rights of others, (including without limitation to patent, trademark, trade secret, copyright and other proprietary rights). If you are the copyright owner or an authorized representative believe that any content infringes on your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the information as follows:
A physical or electronic signature of the authorized person to act on behalf of the owner. Identification of the claimed copyright content to have been infringed.
A statement that you have good faith and belief that use of the material in the manner complained of, is not authorized by the copyright owner, its agent, or the law.
A statement made under penalty of perjury that all the above information is correct and you are the copyright owner or are authorized to act on behalf of the copyright owner.
We respect the intellectual property rights of others and will respond to clear notices of the alleged infringement. Your notice may not be valid, you acknowledge that if you fail to comply with all of the requirements of this section.
4. GENERAL TERMS OF PAYMENT
MetroVPN team reserves the right to discontinue service immediately if a fraudulent payment is detected, such as the use of a stolen credit card, and such cases may be further referred to the competent authorities.
5. SUBSCRIPTIONS
By subscribing to the Service, you agree to become a subscriber for the period you have selected. All plans renew automatically at the completion of the billing term. The renewal term is by default for the same duration as the billing term for the original subscription.
If you fail to fulfill your obligation of payment as a user of a paid account, the Company may suspend your account or delete it after an extended period of default.
6. SERVICE MODIFYING & TERMINATION
If you are found in violation of our Terms or Services in any way, shape or form, then we might have to terminate or suspend access to our Service immediately, although we’ll be sorry that this happened.
Company reserves the right:
To modify, add to, suspend or delete these Terms of Service or other agreements, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective upon their posting to the Website. Your use of the Website and/or continued use of the Services after modification, addition or deletion of these Terms of Service shall be deemed to constitute acceptance by you of the modification, addition or deletion;
To modify, add to, suspend, or delete any aspect of this Website or Services offered by us, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to content offered, hours of availability, live chat support, e-mail support, number of servers, availability of servers, availability of applications, number of protocols, add-ons, equipment needed for access or use, change of the layout of the Website, VPN packages, availability of any feature, promotional offers, and revision to pricing for VPN packages;
To refuse to provide access to the Website and/or the Services or terminate your Services in violation of any of these Terms or for any reason at any time at our sole discretion. We may, in our sole discretion, limit or cancel a User Account for any reason whatsoever. In the event that we make a change to or cancel an Account, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time your Account was created; however, the failure to do so shall not result in any liability, including liability for lost data deleted, loss of services, any damages, and loss in business, as a result of the Account termination;
To introduce new charges, fees or other conditions for use of the Service or parts thereof at any time;
To ask you to verify yourself for any reason at any time at our sole discretion. In case you fail to provide sufficient proof of your identity, as requested by us, your Account shall be terminated and no refund shall be applicable;
To terminate your account in case if you fail to ensure the security of your Account and prevent unauthorized usage of your Account;
7. CANCELLATION & REFUND POLICY
All amounts paid are non-refundable. MetroVPN may consider in its discretion and on a case-by-case basis certain refund requests for subscriptions.
8. THIRD-PARTY WEBSITES
MetroVPN may provide you with content belonging to Third Parties (“Third Parties”) or links leading to third-party websites. MetroVPN is not responsible for the availability of the content provided by Third Parties as they are not under the control or supervision of MetroVPN, and they 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 MetroVPN and such Third Parties.
9. DISCLAIMERS
The Company does not make any warranty about the reliability of the Service and does not guarantee the security of user data despite best efforts. The Service is provided “as is” and you agree neither to hold the Company responsible nor to seek indemnification for any damages that may arise as a result of the loss of use, data, or profits connected to the performance of the Service or failure in such performance.
The Company does not control, nor is responsible for, any data, content, services, or products (including software) that you access, download, receive or buy while using the Service. Furthermore, you will not hold the Company liable or seek indemnification if confidential material is unintentionally released as the result of a security failure or vulnerability in the Service.
The Company will attempt to make the Service available at all times; however, VPN service coverage, speeds, server locations and quality may vary. The Company is not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Service or communications services or networks. The Company may impose usage or service limits, suspend service, or block certain kinds of usage at our sole discretion.
MetroVPN 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 MetroVPN or our customers to liability. MetroVPN 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.
The Company may make improvements and changes to the Service at any time without notice. The Company may at its sole discretion terminate service without cause or notice.
10. LIMITATIONS OF LIABILITY
MetroVPN shall not be liable and shall not have responsibility of any kind to any Subscriber or other individual for any loss or damage that you incur in the event of:
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 or use, 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;
unauthorized 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 MetroVPN or of any vendor providing software, services, or support for the Site or Service.
In no event will MetroVPN, 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.
11. INDEMNIFICATION
You agree, at your own expense, to indemnify, defend and hold harmless MetroVPN, its parents, subsidiaries and affiliates, and their officers, directors, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees, expert witness fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms, your use of the Services, or any of your other acts or omissions.
12. UPDATES
MetroVPN may update the Terms from time to time without notice. If you continue to use MetroVPN’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 in order to stay informed on current rules and obligations. Notification on any core changes to the Terms will be provided to subscribers through an email message or update to the Site. Your use of the Content or Services following the changes to these Terms constitutes your acceptance of the changed Terms.