IMPORTANT – PLEASE READ CAREFULLY BEFORE USING, UTILIZING AND/OR OPERATING THE SERVICE (DEFINED BELOW). THESE TERMS OF SERVICE (“TOS”) CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND ALPINE PRIVATE NETWORK GMBH, A COMPANY DULY ESTABLISHED BASED ON THE LAW OF THE CONFEDERATION OF SWITZERLAND (used interchangeably with “the Company”, “we”, "our", or “us”) FOR VIRTUAL PRIVATE NETWORK SERVICE, MEDIA COMPRESSION SERVICE, AND ANY RELEVANT FEATURES, SOFTWARE OR DOCUMENTATION THEREOF (COLLECTIVELY, THE “ SERVICE”) PROVIDED BY ALPINE PRIVATE NETWORK GMBH, ITS AFFILIATES, ITS THIRD PARTY SUPPLIERS, AND/OR LICENSORS, UNDER THE NAME OF PINE VPN.

BY USING, UTILIZING AND/OR OPERATING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TOS, INCLUDING THE DISPUTE RESOLUTION PROVISION. IF YOU DO NOT AGREE TO THE TOS, DO NOT USE, UTILIZE AND/OR OPERATE THE SERVICE. ALPINE PRIVATE NETWORK GMBH RESERVES THE RIGHT TO AMEND ANY TERMS OF AND/OR ADD ANY TERMS TO THESE TOS INCLUDING FOR THE PURPOSE OF SECURING NECESSARY RIGHTS AND/OR CLARIFYING LIABILITY BETWEEN YOU AND ALPINE PRIVATE NETWORK GMBH IN CASE OF ANY UPDATE TO ANY PART OF THE SERVICE OR ANY PART OF THE OPERATION FOR THE PROVISION OF THE SERVICE. IF YOU CONTINUE TO USE, UTILIZE OR OPERATE THE SERVICE OR FAIL TO UNINSTALL THE SERVICE FOLLOWING ANY SUCH AMENDMENT(S), YOU AGREE TO BE BOUND BY THE APPLICABLE TOS UPON SUCH AMENDMENT(S). IF YOU DO NOT AGREE TO THE TOS AMENDMENT(S), YOU MUST STOP USING THE SERVICES. THIS TOS APPLIES TO EVERY USER WITH ANY TYPES OF SUBSCRIPTION, AS RELEVANT.

IF YOU AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR ANOTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES, AND ALL USERS WHO ACCESS THE SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS. IN THE ABSENCE OF SUCH AN AUTHORITY, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.

Intended Use and Prohibited Use of the Service

The usage of the Service must comply with Switzerland law and any applicable law applicable in your jurisdiction. In order to prevent misuse, abuse, or harm caused to others through the Service and the use of it, we have implemented rules that apply to all users, regardless of their subscription type. By using this Service, you explicitly agree not to engage in the following activities:

• Accessing, sharing, downloading, or uploading illegal content, which includes but not limited to violence, animal violence/abuse, hate speech, defamatory content, terrorism, child pornography/child sexual abuse material, and/or any content that is perceived as child pornography/child sexual abuse material.
• Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, discriminating, or inciting others to do all the former against individuals based on their gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or other aspect of any marginal group.
• Sending or transmitting unsolicited advertisements or content (referred to as "Spam") through the Service, via email or any other communication channel.
• Attempting to access, probe, or connect to computing devices without proper authorization, commonly known as "hacking".
• Infringing upon our intellectual property rights or the intellectual property rights of others.
• Promoting illegal activities or providing assistance to others in committing illegal activities by sharing instructional information.
• Using multiple free accounts or creating accounts in someone else's name and later transferring the credentials to that third party.
• Payment of the subscription of the Service using fraudulent methods (including but not limited to stolen credit cards).
• Disruption of the Company’s network, servers, engine, technology, and the Service in general in your use of the Service.

If any user is found engaging in any of the aforementioned activities, their account will be immediately suspended without notice and the Company reserves the right to take action against any deemed abusive action in this regard. Furthermore, the user may be held responsible for any damages incurred by us, including charges from external entities resulting from the violation(s), such as attorney's fees and costs.

The company may also enforce such actions for any illegal activities not listed above, specifically in the case of orders from competent authorities, subject to the applicable laws and regulations.

We retain the right to suspend or delete accounts that have been inactive for over 1 (one) year, except for the paid accounts with an active paid status as well as free and active accounts.

Restrictions

You may not:

• reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of the Service;
• modify or disable any features of the Service;
• create derivative works based on the Service;
• rent, lease, lend, sublicense or provide commercial hosting services with the Service;
• infringe our intellectual property rights or those of any third party in relation to your use of the Service (to the extent that such use is not licensed by these TOS);
• use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these TOS, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system;
• use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
• collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service;
• launch automated programs or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worm, or any program that might make multiple server requests per second, or create heavy loads or hinder the operation or performance of the application.

Users of the Service

The Service is intended to be used for person age 18 and above, or to person below the age of 18 (hereinafter referred to as “Minor" ) who has obtained parental or legal guardian consent to use the Service (i.e., open, subscribe, and maintain an account at Pine VPN).

The Service is intended for use by persons only. Accounts created by "bots" or automated processes are not permitted and will be terminated.

Each user is fully accountable for all their actions in relation to the Service.

If you are a parent or legal guardian permitting a Minor to use the Service, you agree to:

• supervise the Minor's use of the Service;
• assume all risks associated with the Minor’s use of the Service;
• assume any liability resulting from the Minor’s use of the Service;
• ensure the accuracy and truthfulness of all information submitted by the Minor or, if required by the laws of your jurisdiction, submit all required information truthfully and accurately on behalf by the Minor; and
• assume responsibility and are bound by these TOS for the Minor’s access and use of the Service. Furthermore, you, either as a user or a parent or guardian permitting a Minor, irrevocably waive any rights under the applicable law to cancel or revoke any and all consents granted under these TOS or at any time upon use of the Service.

Utilization of the Service

Signing Up and Logging In

To sign up yourself to our platform, you are required to provide your valid email address and create your password for the Service’s account. After providing your email address, you will be prompted to verify your sign-up by going through a verification process sent to the email you provided during registration. You must create a password for your account that meets specific criteria determined by us. You are responsible for maintaining the confidentiality of your account credentials and are solely responsible for all activities that occur under your account. You agree to promptly notify us of any unauthorized use or security breach of your account.

To log in to your account, you must provide your registered email address and password. It is your responsibility to keep your password secure and not disclose it to any third party. We reserve the right to suspend or terminate your account if we suspect any unauthorized access or misuse.

VPN Service

Subject to the subscription status, users may select the server of their choosing in using our virtual private network (VPN) Service. If you do not choose the server in advance, or depending on your subscription, we will assign you to a random server based on our total discretion.

Media Compression Service

By utilizing our compression service, users accept that the process of compression will generate a new file on their device, unless they opt to delete the original file and replace it with the compressed version. If users wish to maintain the original file, the user shall not delete the original file nor replace the original file with the compressed version after the compression process is done. Users are aware of and agree to this functionality, thus they waive any grievances or disputes arising from their failure to comprehend this aspect.

Each user is only able to use the Service in a limited number of devices simultaneously. Exceeding the maximum number of devices may result in the suspension of the Service for you. You may not share the Service with another person.

Disclaimer of Warranty

To the maximum extent permitted by applicable law, the Service is provided “as is” and on an “as available” basis, without any kind of warranties from us, either express or implied.

To the maximum extent permitted by applicable law, we make no warranties or representations about the accuracy, reliability, timeliness or completeness of the Service’s content, the content of any site linked to the Service, any aspect of the Service that originates from a third party (specifically, but not limited to, the servers leased from a third party), information or any other items or materials on the Service or linked to by the Service. We disclaims all warranties or other terms expressed, implied, or statutory, including, but not limited to, implied warranties or terms of merchantability, satisfactory quality, fitness for a particular purpose, reliability or availability, accuracy, lack of viruses, quiet enjoyment, non infringement of third party rights or other violation of rights. Specifically, despite the best efforts, we do not warrant the reliability of the Service (availability, coverage, speeds, server locations and options, service level agreement/performance, server recommendations, compression rate, and quality) and do not guarantee the security of user’s data despite best effort to safeguard those data.

We assume no liability or responsibility for any (a) errors, mistakes or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (c) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (d) any interruption or cessation of transmission to or from the Service, specifically data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Service or communications services or networks, including those provided by a third party, (e) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Service by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Service.

We do not control, nor are 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.

By operating/utilizing the Service, we do not represent, control, imply that we endorse, or are responsible for any materials, items, data, content, services, or products available on or linked to by the Service, including without limitation, content hosted on third party sites that you access, download, receive or buy while using the Service, or that we believe any of the aforementioned to be accurate, useful or non-harmful. We cannot guarantee and do not promise any specific results from use of the Service. No advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in these TOS.

You agree that your use of the Service will be at your sole risk. To the fullest extent permitted by law, we and each of our advertisers, licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors disclaim all warranties, express or implied, in connection with the Service and your use thereof.

No advice or information, whether oral or written, obtained by you from us or its affiliates shall be deemed to alter this disclaimer by us of warranty regarding the service, or to create any warranty of any sort from us.

Limitation of Liability

We and you do not limit or exclude liability for any types of loss or damage for which liability cannot, under applicable law, be excluded or limited, to the extent that the applicable law prevents such exclusion or limitation, or to the extent that a court of competent jurisdiction judges that such an exclusion or limitation would be ineffective under applicable law.

Subject only to the foregoing, we shall not be liable for loss, damage or liability under contract (including negligence), laws on third party obligations (including ‘tort’ and negligence claims) or statutory obligations or any other legal basis whatsoever, even if we were specifically put on notice of the risk of such loss (i) where the loss is indirect, incidental, indirect, special, consequential, special or comprises exemplary or punitive damages, or (ii) for any loss of profit, loss of business, loss of opportunity, loss of data or (iii) where the loss relates to errors, omissions or interruptions, computer viruses, connection or connectivity problems or network charges.

Subject only to the foregoing, Pine VPN’s total financial liability to you arising from or in connection with these TOS, the Service or related matters shall not exceed the amount you paid Alpine Private Network GmbH or its affiliate specifically for the claimed part of the Service.

You acknowledge that the above provisions are reasonable given the benefits of the Service and you will accept such risk and/or insure accordingly.

Indemnification

You agree to indemnify, defend, and hold harmless Alpine Private Network GmbH, its owners, its subsidiaries, its affiliates, its contractors, employees, and agents from any claims, losses, damages, liabilities (including reasonable legal fees and expenses) arising out of your use or misuse of the Service, your violation of the rights of any third party, or any breach of these TOS.

You expressly agree that you shall withhold class action suits against the Service, and that all (if any) proceedings against the Service occur, such shall be handled on an individual basis, based on rules established and agreed to in these TOS.

Terms of Payment and Subscription of Service

The full utilization of our Service is contingent upon the payment rendered to us. Unless explicitly specified, the full Service cannot be accessed without a valid payment. A limited use of the Service is possible for users who do not render payment. We reserve the full right to determine the extent of Service provided to users who do not render payment, including but not limited to, the limited quota of VPN and compression use as well as limited options offered on the Service.

If a fraudulent payment, subject to the provision on the Intended Use and Prohibited Use of the Service clause, such as the use of a stolen credit card, is detected, we reserve the right to immediately terminate the service and may involve the relevant authorities to address such cases.

By subscribing to the Service, you agree to become a subscriber for the duration you have chosen (e.g., 1 month, 1 year, or other durations offered). The payments are conducted following the application marketplace’s terms, depending on where you download the Service. All plans will automatically renew at the end of the billing term. The renewal period defaults to the same duration as the initial subscription, unless you cancel your subscription prior to the renewal date. Subject to the provision in this TOS, once you subscribe to the Service, it is not cancellable and non refundable for the current ongoing subscription period, save for to the extent allowed by the applicable application marketplace’s terms.

In the event that you fail to fulfill your payment obligations as a user of a paid account, we may suspend or delete your account after an extended period of non-payment.

Privacy Policy, Data Collection, and Data Processing

Pine VPN’s Privacy Policy may be accessed at https://pinevpn.com/privacy-policy . By using, utilizing, and/or operating Pine VPN, you are consenting to our Privacy Policy, including our policy on data collection and/or processing, where relevant.

No Waiver

Waiver by us of or our delay or failure in filing a claim against any breach of any provision in these TOS or in exercising any rights provided under these TOS shall not be deemed as a waiver in connection with a substantial breach of any provision of these TOS.

Amendment to the TOS and Services

We may, at any time, provide or make available updates or upgrades to the Services (“Updates”), including without limitation bug fixes, service enhancements, new features, deletion of existing functions, or modification of the Services. Updates will be governed by these TOS unless separate terms and conditions are provided with such Updates, in which case those separate terms and conditions shall govern the Updates. Updates for security software or critical bug fixes or other important Updates may be automatically downloaded and installed given the importance of receiving such Updates in a timely manner to help protect you and other users. You, as a user, consent to receive such Updates as part of your use of the Service. We shall have no obligation to provide support or maintenance for the Services under this TOS.

We expressly reserve the right to change, suspend, remove, limit the use of or disable the access to the Service or any portion thereof at any time without notice or liability. Suspension, limitation of the use of or disablement of the access to the Service due to your non-compliance with these TOS will not be compensated in any way.

We may modify these TOS from time to time. If you do not agree with the proposed changes, you should discontinue your use of the Service and uninstall the application. If you continue using the Service after the new terms take effect, you will be bound by the modified TOS.

Applicable Law and Dispute Resolutions

These TOS shall be governed in all respects by the substantive laws of the Swiss Confederation.

For any dispute you have with us, you agree to first contact us and attempt to resolve the dispute with us informally (“Initial Dispute Resolution”). We each agree to resolve any dispute arising out of or in connection with, or relating to this TOS directly through consultation and good faith negotiations, which shall be a precondition to either party initiating further dispute resolution.

Any controversy, claim, or dispute arising out of or relating to the implementation or interpretation of these TOS that cannot be amicably settled in Initial Dispute Resolution, shall be subject to the jurisdiction of the competent courts of the Canton of Zug, the jurisdiction of the Swiss Federal Court being expressly reserved.

Severability

In the event that a court or another authorized legal body determines that any parts of these TOS are invalid or cannot be enforced, those specific provisions, unless they significantly impact the overall intention and objective of these TOS or are addressed differently within this document, will be restricted or removed to the minimum extent necessary. They will be replaced with a valid provision that most accurately reflects the intention of these TOS, ensuring that the TOS as a whole continues to be fully valid and effective.

Final Provisions

These TOS are effective until terminated. You can terminate these TOS by ceasing your use of the Service and uninstalling, deleting and returning all related software, documentations and other materials provided by us, including backup copies thereof. Should you not comply with these TOS, your rights based on these TOS will be automatically terminated without notice from us. Upon either your or our termination of these TOS, you must immediately cease all use of the Service.

The terms and conditions of these TOS that by nature shall survive the termination of these TOS, including but not limited to clauses regarding Limitation of Liability, Indemnification, and Dispute Resolution, shall remain valid after the termination of these TOS.