General Terms of Service

Updated July 2021

These Terms of Service  (the “Terms”) is a binding legal agreement between you and Netsys Inc. (“Mysterium Network” or “we”, “us” or “our”) that governs your use of the VPN services, our applications, software, websites or other services provided by us (the “Services”).

1. ACCEPTANCE OF TERMS

By accessing, downloading, installing or using our Services you are fully accepting the terms, conditions and disclaimers contained in this document and all policies and guidelines that are incorporated by reference. You acknowledge that you have read and understood the Terms and agree to be bound by them. If you do not accept Terms, you must immediately stop using the Services.

Our Services are also subject to the supplementary terms (the “Supplementary Terms”) governing that particular service. If there is a conflict between the Terms and Supplementary Terms, then the Supplementary Terms shall prevail in relation to that particular service. 
By agreeing to these Terms, you are also agreeing to the Privacy Policy (the “Privacy Policy”). 

You shall not use the Services in contradiction with these Terms or any applicable law or regulation of the country or territory you originate from or reside in or any applicable jurisdiction (the “Applicable Law”). You shall not use the Services for any purpose that is unlawful or prohibited by these Terms and applicable law.

You shall not use the Services (a) if you have not reached the age of majority in your territory of residence (in most cases, 18 to 21) or if you do not have the ability to form binding contracts under the Applicable law.

2. CHANGED TERMS

We shall have the right at any time to change or modify the Terms or any part thereof. We reserve the right to amend the fees or institute new fees at any time upon reasonable advanced notice posted on this website, application or sent via email. Unless it is stated by us otherwise, such changes, modifications, additions or deletions shall be effective immediately upon notice published on this website. Any use of the Services after such notice shall be deemed to constitute acceptance of such changes, modifications or additions.

Traditional VPNs run on centralized infrastructure, which means one point of failure. At Mysterium, we're decentralized; there is no central point of control or anywhere to store your logs. As a result, we can’t track or keep logs of your traffic, even if we wanted to.

3. PRIVACY POLICY

We will not collect any information or store any logs about your browsing activity, queries, data destinations, IP addresses or timestamps. We are based in a jurisdiction (Panama) which laws do not require us to retain any of such data. We may collect some your personal information, such as your email address and payment information. We only collect information that are necessary for the proper delivery of the Services. 

For the information how we process your personal data, please see our Privacy Policy.

4. YOUR ID AND SECURITY

An ID and a private key (jointly, the “ID Data”) will be automatically created for your when you use the Services for the first time. You are entirely responsible for maintaining the confidentiality of your ID Data. Furthermore, you are entirely responsible for any activities that occur under your ID Data. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your ID Data, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account. You may not use anyone else's ID Data at any time, without the permission of the account holder.

5. PRICING AND PAYMENTS

The Services are provided on pay- as-you-go basis. The Services will be available to you as soon as your initial payment is processed.

Any fees charged by us are exclusive of taxes. Therefore, we may calculate and add any applicable taxes or fees, including, but not limited VAT and other taxes and fees under the laws applicable to you. Such taxes and fees will be calculated according to the payment information provided by you to us at the time of purchasing the Services. 

We may increase or decrease the charges at any time (no changes to the pricing effect Services already used). Any changes to the pricing will be communicated to you in advance.

By using any payment method, including crypto currency payments, debit or credit card, to purchase credits for the Services, you confirm it is yours or that you have permission from the account holder or cardholder to use it. Moreover, it is your responsibility to ensure your debit or credit card account has sufficient funds to pay for the charges. We shall not be responsible for any additional charges which may be imposed on you by your bank or card issuer.

We reserve the right to block or suspend the Services, if we have reasonable cause to suspect fraudulent use of a payment account, credit or debit card.

Payments are processed through our payment services provider and payment processing partner and collected by our payment agent BlockDev AG, whose registered office is at Alpenstrasse 14, 6300 Zug, Switzerland.

6. REFUND AND CANCELATION POLICY

You may cancel the Services at any time by notifying us in writing to the following email help@mysterium.network You may cancel the Services with a full refund within 10 days of your initial Services purchase. Refunds beyond the 10-day purchase window will be considered, at the sole our discretion, if you can demonstrate that the Services were not available or usable during the subscription period and that reasonable attempts were made to contact us to resolve the issue. In this case, we 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 purchase. All refunds are sent in USD and therefore the refund amount could differ from the amount originally paid in local currency or crypto currency paid for the Services.

You can only get a refund for the Service once. If you buy the Services after you have been refunded for the Services, you will not be refunded for any further cancellation. No refunds will be provided you violate the Terms.

Once the refund is provided to you, we will not provide the Services. To request a refund shall be send by email with your request to the following email help@mysterium.network.

7. FREE TRIAL

In some cases, we may offer a free trial for the Services (the “Trial”). The duration of the Trial and any terms of the Trial will be specified during signing up process. We determinate the terms of the Trial at our sole discretion and may terminate the Trial at any time to the extent permitted under the applicable law without any prior notice. You understand and agree that we will charge the fees at the end of the Trial. If you do not want to be charged for the Services, you must contact our support team immediately by the following email address: help@mysterium.network.

8. EQUIPMENT

You shall be responsible for obtaining and maintaining all hardware, software and other equipment needed for access to and use of the Services. Should you need any licenses, equipment or software to access and/or use the resources or services which are made conditional upon prior authorization, you shall be solely responsible for obtaining and maintaining such licenses, equipment and software. As an option, you can use Mysterium software (https://github.com/mysteriumnetwork/) to use the Services.

9. RESTRICTED CONDUCT

We do not encourage, support and contribute to illegal activities. You shall not use the Services for any purpose that is unlawful or prohibited by these Terms or any Applicable Law.

You shall not request, receive, post, upload, download, display, distribute, transmit or make available using the Service (the “Communicate”) any information and material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the Applicable Law.

You may not use or encourage or assist others to use the Services in any manner that could damage, disable, overburden, or impair the servers and other our resources. You may not attempt to gain unauthorized access to any aspect of the Services or to information for which you have not been granted access.

Without limiting the generality of the foregoing, you shall not use or to encourage, authorize or assist others to use the Services for:

circumventing any access control, technical protection or security measures;extortion, blackmail, kidnapping, rape, murder, sale/purchase of stolen credit cards, sale/purchase of stolen sale/purchase, sale/purchase of illegal sale/purchase, performance of identity theft;use of stolen credit cards, credit card fraud, wire fraud,hacking, pharming, phishing, or spamming of any form through our service in any form or scale;exploitation of or contribution to children exploitation photographically, digitally or in any other way;assaulting in any way or form any other network or computer while using the Network;connecting to the Network any devices, software and/or hardware which does or may do any of the above;any other activities that are against the Applicable Law, and/or any other activities that are not compatible with the principles of democracy, freedom of speech, freedom of expression, and human rights.

  • uploading, transmitting, streaming, accessing, receiving, or distributing any copyrighted, trademark, or patented content which you do not own or lack written consent or a license from the owner;
  • accessing or using any resources or services (e.g. web pages, television or radio broadcastings, cable or satellite services, streaming media services, VOD services, etc.) which are made conditional upon prior authorization which you do not have;
  • circumventing any access control, technical protection or security measures;
  • extortion, blackmail, kidnapping, rape, murder, sale/purchase of stolen credit cards, sale/purchase of stolen sale/purchase, sale/purchase of illegal sale/purchase, performance of identity theft;
  • use of stolen credit cards, credit card fraud, wire fraud,
  • hacking, pharming, phishing, or spamming of any form through our service in any form or scale;
  • exploitation of or contribution to children exploitation photographically, digitally or in any other way;
  • assaulting in any way or form any other network or computer while using the Network;
  • connecting to the Network any devices, software and/or hardware which does or may do any of the above;
  • any other activities that are against the Applicable Law, and/or any other activities that are not compatible with the principles of democracy, freedom of speech, freedom of expression, and human rights.
10. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER WE, OUR AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES (INCLUDING, BUT NOT LIMITED TO VPN SERVICES, APPLICATIONS, WEBSITE AND SOFTWARE) WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICES.

THE SERVICES (INCLUDING, BUT NOT LIMITED TO VPN SERVICES, APPLICATIONS, WEBSITE AND SOFTWARE) IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THE TERMS.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL WE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES (INCLUDING, BUT NOT LIMITED TO VPN SERVICES, APPLICATIONS, WEBSITE AND SOFTWARE), BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MYSTERIUM PLATFORM OPEN ALPHA.

IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, WE, NOR OUR AFFILIATES OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

FORCE MAJEURE. NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.

11. INDEMNIFICATION

You agree to defend, indemnify and hold harmless us, our affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Services by you or your account.

12. MISCELLANEOUS

The Services are intended for use only in compliance with applicable laws and you undertake to use it in accordance with all such applicable laws. Without derogating from the foregoing and from any other terms herein, you agree to comply with all applicable export laws and restrictions and regulations and agree that you will not export, or allow the export or re-export of the Services or any part of it in violation of any such restrictions, laws or regulations.

The Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Republic of Panama without regard to its conflict of laws rules.

You agree that any legal action arising out of or relating to these Terms shall be filed exclusively in the competent courts of the Republic of Panama.

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

If any provision in the Terms 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 the Terms shall remain in full force and effect. Any failure to exercise or enforce any right or the provision of the Terms shall not constitute a waiver of such right or provision.

You agree that these Terms and our rights hereunder may be assigned, in whole or in part, by us or our affiliate to any third party, at our sole discretion, including an assignment in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part. You may not delegate, sublicense or assign your rights under these Terms.