Terms of use
These Terms of Use (“Terms”) set out the legally binding terms and conditions that apply to your use of any Application (“App” or “Apps”) from Apex VPN.
We remind you that the Terms constitute an agreement between you and Us. Therefore, we encourage you to read the Terms carefully. By installing, accessing or using the Apps, you confirm that you have read and understood the Terms and any other documents referenced in them, including, but not limited to, Our Privacy Policy, and that you agree to the Terms. You represent and warrant that you have the right, authority and power to accept and comply with these Terms and that you have read and understood them in their entirety. Your use of the App constitutes your agreement to the Terms. Therefore, if you do not accept or understand these Terms, please do not use, install, access or register with the App (including any software or application that is part of the App). If you do not agree to these Terms, you may not use the Application, in which case you must immediately delete all copies of the Application. We may change or supplement the Terms from time to time. If we make changes to these Terms, we will notify you by posting a notice on the Application and updating the “Last Updated” date above. Your continued use of the Application after such changes or supplements are posted constitutes your acceptance of any such changes or supplements.
1. Agreement
1.1. License Grant
Under this Agreement, Apex VPN grants you a personal, non-exclusive, non-transferable license to:
(a) use the App for your personal use; and
(b) download and install copies of the App on any mobile device that you own or control, as permitted by the official app store from which you downloaded it.
1.2. License Restrictions
The license granted to you is subject to the following restrictions. You must not:
(a) license, sell, rent, lease, commercially host, or otherwise exploit the App for any commercial purpose;
(b) modify, create derivative works from, disassemble, decompile, or reverse engineer any part of the App, except to the extent that such actions cannot be prohibited under applicable law.
Any future updates, new features, or additional content (including in-app purchases, new levels, or gameplay enhancements) are considered part of the App and are subject to these Terms. You must retain all copyright and other proprietary notices on all copies of the App.
1.3. Compliance with Laws
You are solely responsible for complying with all local, national, and international laws and regulations that apply to your use of the App, including all export and import control laws.
1.4. Changes to the App
Apex VPN reserves the right to modify, suspend, or discontinue the App (or any part of it) at any time, with or without notice. You agree that Apex VPN will not be liable to you or any third party for any such modification, suspension, or discontinuance.
1.5. Ownership and Reserved Rights
The App is licensed to you, not sold. Apex VPN and its licensors own and retain all right, title, and interest, including all intellectual property rights, in and to the Apps. This Agreement does not grant you any ownership rights to the App.
The Apex VPN name, logo, and all related product names are trademarks of Apex VPN or its licensors. This Agreement does not grant you any license to use these trademarks. All rights not expressly granted to you in this Agreement are reserved by Apex VPN.
2. User-Generated Content
2.1. Your Responsibility
“You Content” refers to any material—such as text, images, or data—that you create, upload, or share through our Apps. You are solely responsible for Your Content and the consequences of sharing it. This includes any reliance on its accuracy or any risks associated with you or someone else being personally identified from it.
You confirm that Your Content will comply with our Acceptable Use Policy (detailed in Section 2.4). Apex VPN is not obligated to backup Your Content, and it may be deleted at any time. You are solely responsible for creating your own backups.
2.2. License You Grant to Us
By sharing Your Content on our Apps, you automatically grant Apex VPN a perpetual, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, host, store, reproduce, modify, create derivative works from, publish, and display Your Content. This license is for the purpose of operating, developing, and promoting our Apps and services.
You declare that you have all the necessary rights to grant us this license.
2.3. Feedback
Any feedback, comments, or suggestions you provide regarding our Apps (“Feedback”) is entirely voluntary. By submitting Feedback, you agree that Apex VPN may use it for any purpose without any obligation or compensation to you. Feedback will be considered non-confidential and non-proprietary. Please do not submit any information you consider confidential.
2.4. Acceptable Use Policy
When using our Apps, you agree you will not upload content or use the App in any way that:
(a) infringes on any third-party right, including copyright, trademark, privacy, or publicity rights.
(b) is unlawful, defamatory, libelous, fraudulent, or intentionally misleading.
(c) is harassing, abusive, or threatening to any individual or group.
(d) involves distributing viruses, malware, or any other destructive code.
(e) involves collecting information from other users without their consent (e.g., scraping, harvesting).
(f) interferes with or disrupts the servers, networks, or security of the App.
2.5. Enforcement
Apex VPN reserves the right, but not the obligation, to review, modify, or remove any User Content at any time and for any reason, at our sole discretion, with or without notice.
3. Term and Termination
3.1. Effective Date
This Agreement becomes effective when you first accept it (e.g., by installing or using the App) and remains in effect as long as you use the App, unless terminated earlier according to these terms.
3.2. Prior Use
If you used any of our Apps before formally accepting this Agreement, you agree that these terms apply retroactively to your first use of the App.
3.3. Termination by Us
We may, at our sole discretion and with or without notice, suspend your access to the App and its services or terminate this Agreement entirely for any reason. This includes, but is not limited to, a good faith belief that you have violated the Acceptable Use Policy or any other part of this Agreement. Specifically, Apex VPN will terminate the accounts of users who are repeat infringers of third-party copyrights.
3.4. Effects of Termination
Upon termination, your right to use the App ceases immediately. You understand and agree that we may delete any of Your Content from our active systems. Apex VPN will not be liable to you for any termination or the resulting deletion of Your Content.
3.5. Survival
Even after this Agreement is terminated, the following sections will continue to apply: 1.2, 1.3, 1.4, 1.5, 2, 3.4, 4, 5, 6, 7, 8, and 9.
4. Indemnification
You agree to indemnify and hold harmless Apex VPN and its suppliers from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
(i) your use of the App,
(ii) your User Content, or
(iii) your violation of this Agreement.
Apex VPN reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree to cooperate in our defense of any such claim. You may not settle any matter without the prior written consent of Apex VPN. We will make reasonable efforts to notify you of any claim we become aware of that is subject to this indemnification.
5. Third Parties
5.1. App Stores
You acknowledge that the availability of the App is dependent on the digital distribution platform (e.g., Apple App Store, Google Play Store) from which you downloaded it (the “App Store”). This Agreement is between you and Apex VPN, not with the App Store. The App Store is not responsible for the App, its content, maintenance, support, or any claims related to it (including product liability, legal compliance, or intellectual property infringement).
You agree to pay any fees the App Store may charge and to comply with its terms and policies. Your license to use the App is conditional on this compliance. You acknowledge that the App Store is a third-party beneficiary of this Agreement, meaning it has the right to enforce its terms against you.
5.2. Third-Party Services
The App may allow you to interact with or share content to services provided by third parties (“Third-Party Services”). When you use these services, Apex VPN may share certain information as described in our Privacy Policy.
Apex VPN does not control, endorse, or assume any responsibility for Third-Party Services. We provide access to them for your convenience only. Your use of any Third-Party Service is at your own risk. The terms and privacy policies of the third party govern your use of their services, and you should review them before proceeding.
5.3. Other Users
The App may contain User Content from other users. Apex VPN is not responsible for this content, does not endorse it, and has no obligation to monitor it. Your interactions with other users and your use of their content are solely at your own risk. Any disputes you have with another user are between you and that user; Apex VPN is under no obligation to become involved.
5.4. Release of Claims
You hereby irrevocably release, discharge, and hold harmless Apex VPN and its suppliers from any and all claims, known or unknown, arising from your use of Third-Party Services, your interactions with other users, or the actions of third-party advertisers.
If you are a California resident, you expressly waive the protections of California Civil Code § 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
6. Disclaimer
6.1 APPLICATIONS ARE PROVIDED “AS IS” AND AS AVAILABLE AND Apex VPN (AND HIS SUPPLIERS) DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, SAFETY, SECURITY, ACCURACY AND NON-INFRINGEMENT. MyApps (AND HIS SUPPLIERS) DO NOT WARRANT THAT ANY APPLICATION: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL
AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SECURE.
6.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. Limitation of Liability
7.1. Limitation on Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Apex VPN OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF BUSINESS OPPORTUNITY, ARISING FROM OR RELATING TO THIS AGREEMENT, OUR PRIVACY PRACTICES, OR YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACCESS AND USE THE APP AT YOUR OWN SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, Apex VPN’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM THIS AGREEMENT OR OUR PRIVACY PRACTICES SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO Apex VPN IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. IF YOU HAVE NOT MADE ANY PAYMENTS, THIS AMOUNT SHALL BE ZERO.
7.2. Jurisdictional Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THEREFORE, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS DEPENDING ON THE LAWS OF YOUR JURISDICTION.
8. Fees and Payments
You agree to pay all applicable fees for the Apps you download and for any in-app purchases you make (such as virtual currency, premium content, or subscriptions). These fees may be paid to us or to the applicable distributor (e.g., the App Store).
9. General Provisions
9.1. Changes to this Agreement
We may update this Agreement occasionally. If we make significant changes, we will notify you by posting the updated terms on our website. Changes will be effective for new users immediately. For existing users, continued use of our Apps after the changes are posted constitutes acceptance of the modified Agreement. Please review this page periodically for updates. We recommend you save a copy of this Agreement for your records.
9.2. Notices
Any formal notices to Apex VPN under this Agreement must be sent to: contact@vpnmobileapp.com
9.3. Severability
If any portion of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to become valid and enforceable while reflecting the original intent as closely as possible.
9.4. Entire Agreement
This Agreement (including all incorporated documents) constitutes the complete and exclusive understanding between you and Apex VPN, superseding all prior agreements, terms, or understandings relating to its subject matter.
No Waiver: Our failure to enforce any right under this Agreement does not constitute a waiver of that right.
Headings: Section titles are for convenience only and have no legal significance.
Interpretation: The term “including” means “including without limitation.”
Relationship: You are an independent contractor; no agency or partnership relationship is created.
Assignment: You may not assign this Agreement without our prior written consent. Apex VPN may assign this Agreement without consent in connection with a merger, acquisition, or sale of assets. The terms will bind all permitted assignees.
