Terms of Service

Acceptance of Terms

The contract below outlines TunnelBear's terms of service ("the Agreement"). By downloading, installing and using TunnelBear products and services ("the Services") you agree and acknowledge that you have read and accept this Agreement in its entirety, and agree to be bound by its terms. These terms of service apply to all users of the Services, including users with paid accounts.

TunnelBear LLC. ("TunnelBear") reserves the right, at its sole discretion, to modify or replace the terms of this Agreement at any time. If the alterations constitute a material change, TunnelBear will notify you by posting an announcement on the TunnelBear website. What constitutes a material change will be determined at TunnelBear's sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using our Services following notification of a material change to this Agreement shall constitute your acceptance of the Agreement as modified.

1. Privacy Policy

As a provider of an 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 TunnelBear's Privacy Policy, available here, and incorporated into this Agreement by reference.

2. License

TunnelBear grants you a non-exclusive, non-transferable right to use the service, solely for your own personal purposes. TunnelBear owns rights to anything connected to the service we haven't given you specific permission to.

If you are a small business, you get a license to use the software and services you've subscribed to, on the same terms as above. In addition, only personnel employed by the small business entity may use the software and services and only for your internal business operations.

You agree that you will not sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way.

You may use the service only for personal purposes (unless you're on a TunnelBear for Teams plan) and promise not to:

• Send spam, infringing, obscene, threatening, libelous, or otherwise illegal material through TunnelBear's services.
• Violate third party privacy rights; send or store anything 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 or the data contained therein.
• Attempt to gain unauthorized access to the Service or its related systems or networks.

3. Services Availability

TunnelBear is providing the Services "AS IS", as available, with all faults, without representation or warranty of any kind. TunnelBear does not guarantee as to the continuous availability of the service or of any specific feature(s) of the service. TunnelBear may change the Services, impose usage or service limits, suspend service, or block certain kinds of usage at our sole discretion. The security, accuracy and timeliness of data is not guaranteed; loss, errors, delays or omissions may occur.

The speed and quality of the Service may vary and the Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed.

4. User Responsibilities

A computer or other equipment enabled to access the Internet ("Device") is required to utilize the Service. It's your responsibility to ensure your Device is capable of running and compatible with the Services.

The Services may not be used to misrepresent or to act on behalf of others. All messages you transmit through the Services shall identify You as the sender. You may not:

• Alter the attribution of origin in electronic mail messages or posting
• Use the Service for anything other than lawful purposes
• Use the Services for commercial gain
• Use the Services to mask their identity for illegal or malicious purposes
• Distribute copyright-protected material through our servers
• Take any action that results in an unreasonable load on our infrastructure
• Use any third party software to interfere with or attempt to interfere with the Services

You agree to obey 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 TunnelBear is contacted with a complaint connected to, or because of your use of the Services, TunnelBear will decide if your usage is in violation of this Agreement and may terminate your account without notice.

The software and services are subject to export controls under the U.S. and local country laws. You agree that you will not directly or indirectly export, transmit, permit access or use of the software or services and their related documentation and technical data to an individual, entity, or country to which export, transmission or access is restricted by export control laws, without the required authorization of the Bureau of Industry and Security of the U.S. Department of Commerce or other governmental entity with jurisdiction over export or transmission. You will not use, transfer or access any TunnelBear products for end use relating to any nuclear, chemical or biological weapons, missile technology, or the military end use or for a military end user per 15 CFR Part 744.21 unless authorized by the U.S. or relevant local government by regulation or specific license. If we receive notice that a user is or becomes identified as a sanctioned or restricted party under applicable law, we will not be obligated to perform any of our obligations under these terms if it would result in violation of the sanctions or restrictions.

5. Trademarks

TunnelBear graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trademarks or trade dress of TunnelBear LLC. TunnelBear's trademarks and trade dress may not be used in connection with any product or service without the prior written consent of TunnelBear. TunnelBear images and icons may be used by third party sites in connection with providing appropriate links to the TunnelBear website.

6. Service Suspension & Termination

You agree that TunnelBear, for any or no reason, and without penalty, may discontinue in whole or in part, cancel or suspend your use of the Service at any time, with or without notice.

7. Cancellation & Refund Policy

All amounts paid are non-refundable. TunnelBear may consider in its discretion and on a case-by-case basis certain refund requests for subscriptions.

8. Disclaimer of Warranties

TunnelBear makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services. TunnelBear does not represent or warrant that:

• The use of the Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data.
• The Service will meet your requirements or expectations.
• Errors or defects will be corrected.
• The Services are free of viruses or other harmful components.

The Service is provided by TunnelBear on and "AS IS", as available, with all faults basis without warranties of any kind, either expressed or implied, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. TunnelBear hereby disclaims all representations and warranties to the maximum extent permitted by applicable law. Use of the Services is at your sole risk.

9. Limitation of Liability

In no event shall TunnelBear be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the services for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. Notwithstanding the foregoing, in no event shall the total liability of TunnelBear, for all damages, losses and causes of action whether in contract, tort including negligence, or otherwise, exceed the aggregate dollar amount paid by the User claimant to TunnelBear in the twelve months prior to the claimed loss, damages or other such alleged event giving rise to the basis of claim.

Our maximum cost is the fees you have paid unless applicable law states otherwise.

10. Indemnity

You hereby agree to indemnify and hold harmless TunnelBear, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of:

• Breach of this Agreement
• Violation of any rights of a third party
• Use of the Services, by you or any person using your account