Rare VPN Terms of Service

Please read these Terms and Conditions before using the Service.


1. Terms of Service

Binding Agreement

These Terms of Service (as defined below) are a legally binding agreement between Rare VPN and you.

The term “Rare VPN“, “us“, “we” or “our“, refers to Rare VPN the owner of the Service (as defined below). The term “you” refers to the User (as defined below).

These Terms of Service govern your use of the Service and the features contained therein, whether through personal computers, mobile devices and any other devices which are supported by our Service, as set out in our support segment on our Site.

These Terms of Service are void where prohibited by law, and the right to use the Service is revoked in such jurisdictions.

If you are using our Service through our App (as defined below), then:

(i) in the event of any inconsistency or contradiction between this Terms of Service and the terms of use and/or the usage rules of the application store from which the App was downloaded, or in the event that:

(ii) these Terms of Service are found to be less restrictive than the terms of use and/or usage rules (as the case may be) of such application store, or that

(iii) these Terms of Service will not be enforceable in their entirety for any reason , then the terms and/or usage rules (as the case may be) of the applicable application store, shall prevail.

Accepting the Terms of Service

These Terms of Service are effective as of the date you access to the Site or use the Service, and such access or use indicates your acceptance of all of the terms and conditions of these Terms of Service.

You may not access the Site and/or use the Service, and may not accept these Terms of Service if:

(a) you are not of legal age to form a binding contract with Rare VPN, or

(b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.

Before We Dive into the Terms of Service

We thought you might be most interested in the following topics, so we gathered some useful shortcuts:

Acceptable Use

You may use our Service for legal purposes only. Use of the Service for any unlawful purposes or for promotion of illegal activities is strictly prohibited.

Subscription Plans, Cancellation Policy and Refunds

Currently we are completely free and do not involve any payment or refund.

Collection of Information

We are very transparent regarding the information we collect and the use thereof.

Uptime

As any other Rare VPN service, the Service may be subject to unavailability for a variety of factors beyond our control.

Acceptable Use

2. License to Use

Accepting the Terms of Service

This license, granted to you by Rare VPN, is limited to a personal, non-exclusive, revocable, non-transferable, non-sublicensable and worldwide license to:

(i) use the Service solely for your personal, non-commercial, receipt and use of the Service as provided by Rare VPN, in the manner permitted by these Terms of Service,

(1) on any mobile phone or other mobile device operated by Android™, as set forth in the Google Play、Other Android application markets or platforms Terms of Services,

(2) on any iPhone or any other Apple supported device as permitted by the Usage Rules of Apple Inc. (“Apple”) as set forth in the App Store Terms of Service (the Google Play Terms of Services and the App Store Terms of Service are each referred to herein as the “Usage Rules”).

(3) any other devices which are supported by our Service, as set out in our support segment on our Site.

Upgrades

These Terms of Service will govern any upgrades provided by Rare VPN that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

From time to time, an upgrade to the latest version of the App may be required in order to make use of the Service or to take advantage of new features of the Service.

3. The Service

How Does the Service Work?

A VPN is a method used to add security and privacy to private and public networks, like Wi-Fi hotspots and the Internet.

you will have the option to choose a location (country based) for your Internet Protocol (“IP”), from one of the available Servers Locations.

After you choose the location, press the “connect” button and you’re ready to surf.

Rare VPN reserves its right to make any changes to the Features and add and/or remove any Features, at its sole discretion;

The Service – General Provisions

You expressly acknowledge and agree that use of the Service, and any consequences thereof, are at your sole risk, responsibility and liability.

The Service that Rare VPN provides, including, but not limited to, the Features thereof, may change from time to time without prior notice.

In addition, Rare VPN may stop (permanently or temporarily) providing the Service (or any Features within the Service) to you or to Users generally, at Rare VPN’s sole discretion at any time, and without liability to Rare VPN or notice.

Rare VPN also retains the right to create limits on use to you or to Users generally, at Rare VPN’s sole discretion at any time, and without liability to Rare VPN or notice.

Opting-out

In case you are using our Service through our App, you may opt-out of the Service at any time, by hitting the “uninstall” button after accessing the App on “My apps”.

4. The Site

Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide on our Site without notice.

We will not be liable if for any reason our Site is unavailable at any time, for any period of time and/or at any location worldwide.

From time to time, we may restrict access to some parts of our Site, or our entire Site, to users have with us.

You are responsible for making all arrangements necessary for you to have access to our Site.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms, and that they comply with them.

We aim to update our Site regularly, and may change the content thereof at any time. If the need arises, we may suspend access to our Site, or close it indefinitely.

Any of the content on our Site may be out of date at any given time, and we are under no obligation to update such content.

5. External Sites

The Site may enable access to certain third-party websites. In addition, you may access to third-party websites while using the Service (“External Sites”).

Special Caution Relating to Location Data

Location data provided, whether by any External Sites or as integral part of the Site, is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Use of real time route guidance is at your sole risk.

Location data may not be accurate. Neither we, nor any of our licensors’, guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed by any External Site or as integral part of the Site.

6. Privacy

We do not disclose personally identifying information to third-parties except in accordance with our Privacy Policy.

Rare VPN shall use reasonable efforts to protect information submitted by you in connection with the service, but you hereby acknowledge and agree that your submission of such information is at your sole risk, and Rare VPN hereby disclaims any and all liability for any disclosure, loss or liability relating to such information in any way.

7. Restrictions on Use

7.1 Restrictions on Use of the Site

You may not do any of the following while viewing or accessing the Site:

7.2 Restrictions on Use of the Service

Rare VPN is not a service to be used for criminal acts. It is an Internet security and privacy service.

You may not do any of the following while accessing or using the Service:

7.3 Responsibility

You are solely responsible and liable for, and Rare VPN has no responsibility to you or to any third-party for, any breach of your obligations under these Terms of Service and for the consequences (including any loss or damage which Rare VPN may suffer) of any such breach.

7.4 Rights of Removal

We reserve the right to delete or refuse to post any comments on the website and/or terminate your Rare VPN use at any time (but without obligation) without notice and at our sole discretion.

7.5 Violation of Terms of Service

Any use, or attempted use, of the Site and/or Service contrary to these Terms of Service is a violation of our rights. If you breach these Terms of Service, you may be subject to prosecution and damages.

8. No Warranty

To the maximum extent permitted by applicable law, the site and the service are provided “as is” and “as available”, with all faults and without warranty of any kind, and Rare VPN hereby disclaims all warranties and conditions with respect to the site, the service and/or the features, either express, implied or statutory, including, but not limited to, any warranties of completeness, accuracy, availability, timeliness, usefulness, security, reliability or non-infringement of third-party rights, and any implied warranties of merchantability, of satisfactory quality, or of fitness for a particular purpose.

Rare VPN does not warrant against interference with your enjoyment of the Site, Service and/or Features, that the Site, Service and/or Features will meet your requirements, that the operation of the Site, Service and/or the Features will be uninterrupted or error-free, that defects in the Site, Service and/or the Features will be corrected, that the Site, Service and/or the Features will be free from corruption, attack, viruses, interference, hacking, or other security intrusion.

The Service may be subject to unavailability for a variety of factors beyond our control, including, but not limited to, emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference or signal strength, and may be interrupted, refused, limited or curtailed.

The accuracy and timeliness of data received while using the Service is not guaranteed and delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected due to interruptions or performance issues with the Service or communications services or networks.

We may impose usage or service limits, suspend services, or block certain kinds of usage in our sole discretion to protect Users or the Service.

We reserve our right to investigate matters we consider to be violations of these Terms of Service. 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 of Service, and any other activities that may subject Rare VPN or its customers to liability. Rare VPN disclaims any and all liability in this respect.

Rare VPN makes no guarantee of confidentiality or privacy of any communication or information transmitted through the use of the Service.

No advice or information, whether oral or written, obtained by you from us through the Site or otherwise shall create any warranty, representation or guarantee not expressly stated in these Terms of Service.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

9. Limitation of Liability

To the extent not prohibited by applicable law, in no event shall Rare VPN, its directors, officers, employees, licensors and/or agents, be liable for:

(a) Any direct, indirect, incidental, special, punitive, exemplary, or consequential damages whatsoever,

(b) Loss of revenues, loss of profits, loss of data, loss of use, loss of goodwill, business interruption; or any other loss, injury, claim, liability, or damage of any kind resulting in any way from:

(i) Your access to or use, inability to use, or reliance on the site, the service, the features, any external site, and/or any review,

(ii) Any errors, omissions or other inaccuracies in any content included in the site which is false or which constitutes passing-off,

(iii) Your interaction on the site and/or through the service and any statements or conduct of any third-party,

(iv) Or any other matter relating to the site, the service and/or the features, regardless of the theory of liability (whether based on contract, tort or otherwise), even if Rare VPN has been advised of the possibility of such damages and even if a remedy set forth herein fails of its essential purpose,

In addition, all responsibility or liability of Rare VPN, its directors, officers, employees, licensors and/or agents for any damages caused by viruses or other harmful components is hereby disclaimed.

In no event shall the total liability of Rare VPN, its directors, officers, employees and/or agents, to you and/or to any third-party,for damages.

You are solely responsible for paying all fees and charges of any third-party vendors whose sites, products or services you access, buy or use via the Service.

If you choose to use the Service to access websites, services or content, and/or purchase products from third-parties, your personal information may be available to the third-party provider.

How third-parties handle and use your personal information related to their sites and services is governed by their security, privacy and other policies (if any) and not ours. We have no responsibility for third-party provider policies, and/or for their or your compliance with such policies.

Some jurisdictions do not allow the exclusion or limitation of liability for personal injury, or of incidental or consequential damages, so the limitations above may not apply to you.

10. Indemnity

You shall indemnify and hold Rare VPN and its directors, officers, employees, agents, partners and licensors, harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs), related to any demand or claim brought against Rare VPN by any Users and/or any other third-party, due to or arising out of any content you post on the Site and/or through the use of the Service, your use of the Site and/or the Service, your violation of these Terms of Service, and/or your violation of any rights of another party.

11. Ownership

You hereby acknowledge that the Site as a whole constitutes an original work of authorship of Rare VPN, and that all rights, ownership, title and interest in and to the Site, including, but not limited to, the compilation, collection, selection, assembling, organization, coordination and arrangement of the content (whether or not such content is protected by copyright, or by any other intellectual property rights) within the Site, and the related instructions, databases and technology embedded therein or upon which it is based, and the related patent rights, copyrights, trade secrets, trademarks and all other related intellectual property rights (but excluding your Comments) - are and shall remain the sole and exclusive property of Rare VPN (and/or by its licensors), who reserve all their rights in law.

The Site and the Service contain proprietary information and material and trade secrets that are owned by Rare VPN, and are protected by applicable intellectual property and other laws, including but not limited to copyright.

You may use the Site and the Service only in accordance with and subject to these Terms of Service.

With the exception of content posted on the Site by you, you are not granted any right and/or license, or ownership including any copyright, trademark and other intellectual property rights to the Site or to any content appearing on the Site, other than as explicitly set forth in these Terms of Service.

Any third-party trade or service marks present on content are trade or service marks of their respective owners. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever except as permitted in these Terms of Service.

The use of the site or any part of the service, except for use of the site and service as permitted in these terms of service, is strictly prohibited and infringes on the intellectual property rights of Rare VPN and/or of others, and may subject you to civil and criminal penalties, including possible monetary damages for copyright infringement.

You agree that ‘Rare VPN’ trademarks, trade names, service marks, graphics, logos and other brand features used in connection with the Site and Service, are trademarks or registered trademarks of Rare VPN (collectively, the “Rare VPN Marks”). Nothing in these Terms of Service gives you a right to use or display the Rare VPN Marks in any manner.

11.1 Third-Party Logos

Any logos, artwork and trademarks associated with each third-party Payment Processor is/are the property of such applicable third-party Payment Processor.

Google Play™, Android™ and any logos, artwork and trademarks associated therewith is/are the property of Google Inc. (“Google”). Apple™, App Store™, iPhone™ and any logos, artwork and trademarks associated therewith is/are the property of Apple Inc.

11.2 Google

User expressly acknowledges and agrees that Google, and each member of the group of companies of which Google is the parent, shall be third-party beneficiaries to these Terms of Service.

Google and such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms of Service that confers a benefit on (or rights in favor of) them.

11.3 Apple

You expressly acknowledge and agree that:

(i) these Terms of Service are made between you and Rare VPN, and not with Apple;

(ii) Rare VPN, and not Apple, is solely responsible for the App and the Services;

(iii) Rare VPN alone shall be responsible for providing any maintenance and support services with respect to the App, if any and as specified in these Terms of Service, or as required under applicable law, and Apple will not have any obligation whatsoever to furnish any maintenance and support services with respect to the App or the Services;

(iv) Rare VPN shall be solely responsible for any warranties with respect to the App and the Services, whether express or implied by law, to the extent not effectively disclaimed;

(v) above, Apple will not have any other warranty obligation whatsoever with respect to the App or the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Rare VPN’s sole responsibility;

(vii) Rare VPN, not Apple, is responsible for addressing any claim by you or any third-party relating to the App or your possession and/or use of the App, including, but not limited to:

(a) product liability claims,

(b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and

(c) claims arising under consumer protection or similar legislation;

(viii) in the event of any third-party claim that the App or your possession and use of the App infringes such third-party’s intellectual property rights, Rare VPN, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim,

(xi) you have had the opportunity to review Apple’s Usage Rules;

(xii) Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service, and that, upon the your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against the you as a third-party beneficiary thereof.

We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.

If you believe that your post has been copied in a way that constitutes copyright infringement, please provide us with the following information:

(i) identification of the copyrighted work claimed to have been infringed;

(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(iii) your contact information, including your address, telephone number, and an email address; (iv) your statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(v) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner, and

(vi) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion.

If you believe that any content infringes upon your intellectual property rights, you should notify us as set out in Section “Copyright Policy” below.

13. Termination

These Terms of Service shall be effective until terminated by you or by Rare VPN.

Rare VPN, at its sole discretion, without notice to you, may terminate these Terms of Service if you fail to comply with any of the provisions of these Terms of Service, without prejudice to the right of Rare VPN to be indemnified for its damages and any other right and remedy.

In all such cases, these Terms of Service shall terminate, but the provisions which by their nature would continue beyond termination, shall survive such termination for any reason and shall continue to apply.

Upon termination of these Terms of Service, you shall cease all access to the Site and all use of the Service.

14. Unsolicited Idea Submission Policy

You agree that any remarks, ideas, feedback, comments, suggestions, or any other information that you may provide to Rare VPN (collectively, a “Submission”), whether through a Review or otherwise, is entirely voluntary, and that Rare VPN will be free to use any such feedback, comments or suggestions as Rare VPN will see fit, without any obligation or compensation to you or any other person sending the Submission.

Rare VPN will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere, and you hereby irrevocably assign to Rare VPN all rights therein.

Rare VPN will not be required to treat any Submission as confidential.

You acknowledge that you are responsible for whatever material you submit, and will have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright.

15. Unlawful Activity

We reserve the right to investigate complaints or reported violations of these Terms of Service and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Export Regulations
You may not use or otherwise export or re-export the Site and/or Service except as authorized by United States law and the laws of the jurisdiction in which the Site and/or Service were obtained.

In particular, but without limitation, the Site and/or Service may not be exported or re-exported into/to:

(a) any U.S. embargoed countries or

(b) anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.

By using the Site and/or Service, you represent and warrant that

(i) you are not located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;

(ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also agree that you will not use the Site and/or Service for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, chemical or biological weapons.

16. Language and Translation of Content

All of our Content was originally written in English. Any translation of our Content is done on a best-effort basis.

We cannot guarantee the accuracy of translated Content. In the event of any discrepancy between the translated Content and the English Content, the English Content shall prevail.

17. Governing Law and Jurisdiction

These Terms of Service shall be governed and construed in accordance with the laws of the State of Israel, without reference to its conflicts of laws principles.

The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service.

Your use of the Site and/or Service may also be subject to other local, state, national, or international laws.

Both parties hereby irrevocably submit to the exclusive jurisdiction of the competent courts in Tel-Aviv, Israel, to resolve any dispute arising out of or pursuant to these Terms of Service, and you hereby consent to the exclusive jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Notwithstanding the above, you agree that Rare VPN shall be allowed to apply for injunctive remedies in any jurisdiction.

18. Miscellaneous

Headings and Interpretation

The headings of the Sections in these Terms of Service are for reference only and shall not be considered in the interpretation hereof.

In these Terms of Service, unless the context otherwise requires or expressly stated otherwise.

Singular terms include the plural and vice versa; the use of any gender shall be applicable to both genders; the words “include” and “including” will not be construed as terms of limitation; the words “day”, “month” and “year” mean respectively, calendar day, calendar month and calendar year.

References to any legislation or regulations include references to any amendments or re-enactments thereof from time to time.

Any translation of these Terms of Service is provided solely for your convenience and is not intended to modify these Terms of Service.

In the event of a conflict between the English version of these Terms of Service and a version in a language other than English, the English version shall apply.

Entire Agreement

These Terms of Service, together with Rare VPN’s Privacy Policy, contain the complete agreement between the parties and supersedes any prior understandings, agreements or representations by or among the parties, which relate to the subject matter of these Terms of Service.

Amendments

Rare VPN reserves the right, at any time and from time to time, without liability to Rare VPN or notice to you, to change any of the provisions of these Terms of Service. Any such changes will be effective immediately and incorporated into these Terms of Service by this reference. Your continued use of the Service will be deemed to constitute your acceptance of any and all such changes.

Severability

In the event that any provision of these Terms of Service is held by a competent court to be invalid or unenforceable, that provision shall be construed, limited, modified or deleted, to the extent necessary to eliminate any invalidity or unenforceability, and the remaining provisions of these Terms of Service remain in full force and effect.

Waiver

No waiver on the part of Rare VPN of any right under these Terms of Service shall be effective unless in writing and signed by Rare VPN’s duly authorized representative. No waiver on the part of Rare VPN of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under these Terms of Service.

No Partnership

Nothing contained in these Terms of Service shall be construed as creating a partnership, joint venture, agency or other similar relationship between Rare VPN and you, nor as granting you the right, power, or authority (express or implied) to bind or otherwise create any duty or obligation for Rare VPN.

Assignment

You may not assign, subcontract or otherwise transfer any of its rights and/or obligations under these Terms of Service without prior written approval by Rare VPN, and any purported assignment or transfer without Rare VPN’s consent shall be null and void.

Rare VPN may assign and/or subcontract some or all of these Terms of Service to any third-party in connection with a merger, acquisition, sale of assets, by operation of law, or otherwise. These Terms of Service shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and permitted assigns.

No third-party Beneficiaries

These Terms of Service does not create any obligation of a party to any third-parties, nor shall it be deemed to create any rights or causes of action on behalf of any third-parties, except as set forth in Section 12 above.


Last updated: 09/01/2021