Terms of Service
General

Terms of Service

Thank you for visiting Smarticle AB.

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using Smarticle AB’s products and services (FreyaVPN and FreyaPhone) as these Terms of Service along with any applicable Additional Terms regulate your access to and use of all above  mentioned products and services as well as  customer support, any interactive areas, software, applications and other services (hereinafter “Products”, “FreyaVPN” “FreyaPhone”, “Services”). 

 

This is a binding agreement between you and Smarticle AB.

 

IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SERVICE, DO NOT ACCESS OR USE THE WEBSITE OR OUR SERVICES. BY ACCESSING OR USING THE WEBSITE AND OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE.

These Terms of Service are subject to changes and updates from time to time. We will post a notice on the Smarticle AB and FreyaVPN Site any time these Terms of Service have been amended or updated. It is your responsibility to review these Terms of Service periodically, and if at any time you find these Terms of Service unacceptable, you must immediately cease use of any of our Services or Products.

When you agree to use our Services, which includes, but is not limited to: the use of our servers, routers, IP addresses, protocols, add-ons, software, applications, extensions, and other equipment, you agree to accept these Terms.

  1. Your Agreement with Smarticle AB

Our Products and Services are subject to one or more of the additional terms below (“Additional Terms”). If there is any conflict between the terms in the General Terms and the Additional Terms, then the Additional Terms govern in relation to that Service.

FreyaVPN

FreyaPhone

  1. Privacy Policy

For information about how we process information about you and your use of our Services, please visit our Privacy Policy

  1. No-logs Policy

Your activities are not in any way logged, retained, or transferred to third parties when you connect to our Services. We do not collect IP addresses, browsing history, session information, used bandwidth, connection time stamps, network traffic and other similar data. Moreover, only very limited user data collected from or provided by you is processed in order to provide Services to you. More information on what information is collected about you and how it is used can be found in our Privacy Policy.

 

  1. What services does Smarticle AB provide?

Smarticle AB provides virtual private network (VPN) services, also other privacy and cyber security related services (“Services”). The VPN technology is used to create a safe and encrypted connection over untrusted networks such as the internet.

Services may include, but are not limited to VP­­N and other software, extensions, applications, information and content made available to you by Smarticle AB.

  1. Your account

In order to use our Services, you need to set up an account. You are responsible for usage and all activities on your account including but not limited to use of your account by third parties with or without your authorization.

You are also responsible for maintaining confidentiality of your account and login data.  You may not share your password or other account access information with any other party, temporarily or permanently, and you agree to accept responsibility for all activities that occur under your account or password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your account, username or password. We reserve the right to terminate your account at any time.

  1. Age limit

Age limit for the use of our Products and Services is 18 years. You must declare that you are above 18 years to be able to set up an account. Any use of the Products and Services by persons under 18 should be with the guidance, supervision and consent of their parents or guardians.

Subject to applicable law Smarticle does not intentionally collect any personal data from persons under 18 without consent of parents or guardians.

  1. Copyright

Content published on this website (digital downloads, images, texts, graphics, logos) is the property of Smarticle AB and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this website is the exclusive property of Smarticle AB.

  1. Payment and refund policy

Our Services are provided on the basis of paid subscription (except for free trial period). After signing up for the Services you may choose a subscription plan and payment method. Your service will automatically be renewed, and your chosen payment method will be charged at the end of each service period, unless you decide to cancel your automatic payments for the Services before the end of the then-current subscription. 

We grant our customers a free trial of our Services. The duration of this free trial period can be chosen during a sign-up. At the end of the free trial you’ll be notified about start of your paid subscription. Smarticle AB may any time at its sole discretion limit or terminate your free trial.

Smarticle may change the price for the subscriptions, including recurring subscription fees, or other subscription terms from time to time and will communicate any price or other changes to you in advance. Subject to applicable law, you accept the new price and terms by continuing to use the Services after the changes take effect.

All payments are being processed by our own payment processing companies.

Your right to claim a refund will depend on your subscription plan. As a rule, we do not refund any purchase after the period of 30 days from the purchase has passed. Nevertheless, in the exceptional cases, we will consider refund beyond such 30-days period, at our sole discretion, if you can demonstrate that the Services which you purchased were not available or usable and that you made reasonable attempts to contact us regarding this issue.

No refunds will be considered for accounts terminated for violation of these Terms.

Any fees charged by Smarticle are exclusive of taxes. However, we may calculate and add taxes or duties, including, but not limited to VAT and other taxes or fees under laws applicable to you at the time of purchase.

  1. 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 shall at all times abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data. If Smarticle is contacted with a complaint regarding or arising from your use of the Services, Smarticle may deem your usage in violation of these Terms and terminate your account without notice.

You agree that by using our Services, you shall not:

  • Use our Services for any illegal use, such as transmitting any illegal material that would constitute a criminal offense as per the local, state, national or international law or regulation;
  • Transmit any content that is unlawful, harmful, threatening, abusive, harassing, torturous, or that can be deemed objectionable in a court of law;
  • Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information;
  • Present the Service so that it appears to be made available by any third party, access the Service in bulk, scrape, redistribute, resell or make the Services available to any third party in any way;
  • Transfer or use the Services except as expressly authorized under these Terms of Service or by Smarticle AB, copy, disassemble, reverse engineer or decompile, modify or alter any part of the Services. You may not use any part of the Service in any manner that competes with Smarticle, as solely determined by Smarticle;
  • Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
  • Send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
  • Interfere with or disrupt the integrity or performance of the Service;
  • Attempt to gain unauthorized access to the Service or its related systems or networks;
  • Misrepresent or to act on behalf of others;
  • Alter the attribution of origin in electronic mail messages or posting;
  • Use the Service for anything other than lawful purposes;
  • Use Services to mask your identity for illegal or malicious purposes;
  • Distribute copyright-protected material through our servers;
  • Use any 3rd party software to interfere with or attempt to interfere with the Services;
  • Download or transmit any material that is libelous, defamatory, discriminatory or otherwise malicious or harmful to any person or entity; or use our Services to serve pop-ups ads.
  • Exploit or attempt to exploit our refund policy;
  • Otherwise infringe or circumvent these Terms;

 

  • Applicable Law and Resolution of Disputes

By using our Products and Services, you agree that the laws of the Sweden, without regard to principles of conflict laws, will govern these Terms of Service, or any dispute of any sort that might come between Smarticle AB and you, or its business partners and associates.

You hereby irrevocably consent to the exclusive jurisdiction of Sweden in all disputes arising out of or related to the use of our Services and Products.

  • Indemnity

You agree to indemnify, defend, and hold harmless Smarticle, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of our Products and Services, your violation of these Terms of Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

  • Disclaimer

SMARTICLE PROVIDES ITS SERVICES AND PRODUCTS TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. We cannot guarantee that the Services or its content is error free and makes no representations about the technical accuracy or functionality of the Services or that the content is accurate, error free or up to date. Actual service coverage, speeds, locations and quality may vary. Smarticle makes no representations – your use of the Services is your sole responsibility.

SMARTICLE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR USE OF THE SERVICES, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE OUR SERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON OUR SERVICES, INFORMATION OR MATERIALS AVAILABLE ON OUR WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You hereby agree to release service provider, its affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (“claims”), arising out of or in any way connected with your use of our Products or Services.

  1. Miscellaneous

We reserve the right to modify and update these Terms at our sole discretion, at any time, for any reason, and without liability.

We also reserve the right to modify or update the operation of the Services at our sole discretion, at any time, for any reason, and without notice or liability. We may even suspend the Services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

The Terms constitute an agreement between you and us regarding the use of the Services. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

  1. Contact

If you have any questions or comments relating to Smarticle Services or this Terms of Service send an email to …………………

 

Updated:

January 2021

 

 

 

 

 

 

FreyaVPN

Subscription Terms

FreyaPhone