1. General Information
Premium VPN is a service provided by HAPPY APPS, S.L. (henceforth ““HAPPY APPS”, “We,” “Us” or “Our”),”) with registered offices at Calle Velázquez, 64 – 28001, Madrid, Spain, and with Tax ID number B-88098165. For further information please see Section 11 “Communications” in this document. The subscription service can only be activated by adults or by minors with the corresponding authorisation. Activation of the subscription implies agreement to pay the relevant charges.
Premium VPN (henceforth, the “Service”) is an automatically renewable subscription service that lets users bypass geo-restrictions and accessing internet connection from anywhere, with guaranteed security and privacy.
These Terms and Conditions (“Agreement”) constitute a legally binding agreement made between You, whether personally or on behalf of an entity (“You” or “Your”) and HAPPY APPS concerning Your access to and use of mobile application (the “App” or the “Service”).
HAPPY APPS grants you a non-exclusive, non-transferable right to use the Service, solely for Your own personal purposes subject to this Agreement. All rights not expressly granted to You are reserved by HAPPY APPS
The price of the Services may change depending on the country. The subscription offers unlimited access to the service.
You shall not, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way. You may use the Service only for personal purposes and shall not: send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; send infringing, obscene, threatening, libellous, or otherwise unlawful or tortuous material, including material harmful to children or violate third party privacy rights; 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 or the data contained therein; or attempt to gain unauthorized access to the Service or its related systems or networks.
HAPPY APPS is providing this Service on an “as is, as available” basis without representation or warranty of any kind. HAPPY APPS does not guarantee as to the continuous availability of the service or of any specific feature(s) of the service. HAPPY APPS will inform You of any significant changes to the Service it may occasionally make. HAPPY APPS may impose usage or Service limits, suspend Service, or block certain kinds of usage at our sole discretion. The accuracy and timeliness of data received is not guaranteed; 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. HAPPY APPS is not responsible for any failures to maintain the confidentiality, security, accuracy or quality of your data, messages or pages whether or not related to interruptions or performance issues with the Service.
3. Access to the Service and Subscription
Payment for such a subscription (which may be for example daily, weekly, monthly, tri-monthly or yearly) may be processed in the application directly by the mobile platform owner (e.g. Apple or Google) or in the case of a purchase through the website, directly by the credit card provider.
The monthly plan allows you to enjoy a 3-day trial period. Free trial subscriptions may be cancelled at any point up to 24 hours before the expiry of the free trial. You can cancel a subscription service at any time during the subscription period via the subscription settings in your iTunes or Android account. You can also contact us at firstname.lastname@example.org The cancellation will take effect after the last day in the relevant subscription period. Please note: your free-trial subscription will automatically renew as a paid subscription unless auto-renew is turned off at least 24 hours before the end of the free-trial subscription period.
There are two ways in which the user can access the service:
- by downloading the App from the App Store or the Google Play Store
- by accessing the service directly through the web page and by selecting one of the available payment methods.3.1. Users can access the Service by downloading the App from the App Store or Google Play.
- The Service is accessible via the exclusive Premium VPN app for users of tablets, smartphones or telephones that operate with App Store or Google Play services, provided that the device is correctly set up to access the internet. Any limitations to compatibility will be indicated by the App. Before activating the Service, please ensure that your device is compatible with it and is correctly configured for its use.
- Payment of the subscription to the Service will be made directly via the payment system provided by the store from which the Premium VPN application has been downloaded. With regard to payment for the Service, users will be bound by the conditions established by the store from which the product has been downloaded. (Google Play or App Store).
- Under no circumstances can HAPPY APPS be held responsible for the payment methods managed by Apple or Google, and users should submit any query or complaint related to the payment method to Apple or Google. In case of a request from the User, the procedures of the corresponding store will be applied.
- For this reason, when subscriptions are taken out via App Store or Google Play, HAPPY APPS will be responsible exclusively for the correct provision of the Service according to this Agreement. The subscription charge does not include the possible cost of accessing or navigating to the Services. These costs depend on the charges applied by your mobile telephone operator.
When the Service has been activated, the subscriber will receive confirmation of the subscription and a bill from the Store.
Before activating the Service, please ensure that your telephone is compatible with it and is correctly configured for its use.
3.2. Users can access to the service directly through the web page
The subscription can be paid by credit card or PayPal, depending on the User’s selection.
- You authorize the card issuer or PayPal to pay any amounts described herein and in your Plan and authorize us to continue charging all such amounts to your credit card or PayPal account until you or we cancel or terminate your Plan as provided herein or these amounts are paid in full, whichever is later. Users will be subject to the conditions established by Pay Pal.
- You must provide current, complete and accurate billing information. When supported by your payment method, plans renew automatically by default at the completion of the billing term. You authorize Us to obtain the expiration date for your credit card, the last 4 digits and the credit card type. In the event that the credit card you provided us expires We reserve the right to charge any renewal card issued to you as a replacement.
Users will be subject to the conditions established by the platform gateway. After payment the subscriber will receive a personal user code that will enable the subscriber to access the service. The user shall keep the code in order to be able to access the service in the future. The user will have the option to download the code or to receive it by email. The code is unique, personal and irreplaceable therefore under no circumstances HAPPY APPS will be held responsible for the loss of it.
- If you aren’t satisfied with Services for any reason whatsoever, then you can claim a refund within 31 days of your order date. Under no circumstances any refund will be done after the first 31 days.
4. Cancellation and deactivation of the Service
The subscription to the Services will be active from the date of subscription until it is cancelled by the user. This can be done at any time. Users can cancel the Services in the following ways:
- Using the procedure established by the corresponding store.
- Contacting HAPPY APPS by any of the means specified in this Agreement.
Users can exercise the right of withdrawal within the fourteen (14) days following activation of the Service, informing HAPPY APPS of their desire to do. Additionally, for subscriptions contracted via stores, the Terms and Conditions on withdrawals established by Google Play and App Store will be applicable.
5. Intellectual property
The Premium VPN brand and the elements that compose it are the exclusive property of HAPPY APPS, which owns the relevant rights. Any total or partial reproduction of the intellectual property, by any means, is strictly forbidden without the express authorisation of HAPPY APPS and may constitute an offence punishable by law in accordance with legislation regarding the protection of intellectual property.
The VPN and the content featured are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to HAPPY APPS and its licensors.
6. Suspension and / or malfunction of the Service
HAPPY APPS will not be responsible for any delay, malfunction, suspension and/or interruption affecting the service because of:
- Improper use of the Services
- Non-compliance by users with any of the provisions mentioned in the following article
- Malfunction of the user’s device and/or a user’s device that does meet the technical requirements
- You agree that:
- HAPPY APPS, in its sole discretion, for any or no reason, and without penalty, may terminate or suspend your use of the Services at any time.
- HAPPY APPS may also in its sole discretion and at any time discontinue the Services in their entirety, or any part thereof, with or without notice.
- HAPPY APPS in its sole discretion, for any or no reason, and without penalty, may ask you to verify yourself for any reason at any time at our sole discretion.
7. Responsibility of users
When using the Services, all users promise:
- Not to contravene the law, relevant regulations or third-party rights, including provisions regarding the law on copyright.
- Not to forward, copy, reproduce or disseminate the content of the portal, unless permission has been granted by HAPPY APPS.
- Not to use the Services to 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; to solicit or harvest personal information from or communicate with minors;
- Not to use the Services for the purpose of transmitting spam; to scan ports, open proxies, open relays; sending unsolicited emails in bulk quantities for opt-ins or for advertising/marketing purposes, even if the email is sent/received by another server.
- Not to use Premium VPN for any military purpose, including cyber-attacks, weapons development, design, manufacture or production of missiles, nuclear, chemical or biological weapons;
- Not to use Services to transmit any content that is unlawful, harmful, threatening, abusive, harassing, torturous, or that can be deemed objectionable in a court of law.
- Not to use Services for any obscene or immoral purpose.
- Not to divulge messages and/or material that breach third-party rights.
- Not to cause damage or nuisance to telecom operators or other users under any circumstances.
Premium VPN may not be used to misrepresent or to act on behalf of others. All messages you transmit through our 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 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 Services infrastructure.
- Use any 3rd party software to interfere with or attempt to interfere with the Services.
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. We may suspend your account for clarification, investigation or request you to explain your actions and provide additional information. If HAPPY APPS is contacted with a complaint regarding or arising from Your use of the Services, HAPPY APPS may deem your service usage in violation of this Agreement and terminate your account without notice.
Under no circumstances will HAPPY APPS be responsible for the use, proper or improper, that the end user will make of the App including the consequences of failure to comply with the above obligations.
8. Jurisdiction and references to legislation
This Agreement will be governed by Spanish law. For any dispute regarding the Services and the interpretation of these Terms and Conditions the court having jurisdiction will be that corresponding to the user’s address or place of residence in Spain. Although not expressly specified in this Agreement, the legislation applicable will be that in force in the Spanish system.
9. Confidentiality and use of credentials for access
All users must exercise the greatest care in maintaining the confidentiality of the identifiers assigned at the time of registration in the restricted area in order to prevent the use of the Services by unauthorised third parties. Users will be responsible for any use of their authentication credentials by unauthorised third parties and any damage to HAPPY APPS and/or third parties caused by failure to comply with the conditions of this paragraph. You agree to inform HAPPY APPS immediately in writing of any unauthorised use of your identification details.
10.Privacy and Data Protection
You can request information or send any message or complaint related to the Services via the following channels:
By post: Calle Velázquez, 64 – 28001, Madrid
- By e-mail: email@example.com