General terms and conditions
Welcome to Swisscows AG (hereinafter: „Swisscows“) - we appreciate your interest in our product portfolio! Please read the following information carefully. These general terms and conditions (hereinafter: "terms and conditions") regulate your access to and use of all Swisscows services. This is a binding agreement. If you do not agree to all terms and conditions, you may neither access nor use the Swisscows website or our Swisscows services. By accessing or using the website and our services, you agree to be bound by the terms and conditions.
We may change these terms and conditions from time to time. We will publish a notice on the Swisscows website every time these terms and conditions have been changed or updated. It is your responsibility to regularly review these terms and conditions. If at any time you consider these terms and conditions to be unacceptable, you must leave the Swisscows website immediately and stop using our services.
If you consent to the use of our services, including but not limited to: the use of our servers, routers, IP addresses, protocols, add-ons, software, applications, extensions and other devices, you agree to these terms.
If you have a specific question, you can scroll to the relevant section below:
- Account setup
- Account information
- Payment and refund policy
- Age restriction
- Intellectual property
- Prohibited actions
- Guideline for use
- Third party links
- Liability exclusions and liability limitations
- Legal situation
- Questions and suggestions
- Last update of the terms and conditions
Swisscows offers Virtual Private Network Services (hereinafter: „VPN“) as well as other services like Perfect Search (hereinafter: „Prime“) in connection with data protection and cyber security („services“). Services include VPN software, extensions, applications, and other related services. Prime is perfect search without advertising and calls for donations. VPN is a safe way to protect your online activities by encrypting your data connection. Therefore, third parties cannot monitor your network traffic, e.g. Websites, downloaded files or other internet services used. With Swisscows, you can connect to various VPN servers to ensure the privacy of your location.
Swisscows promotes moral values and digital media education. Swisscows DOES NOT accept violent, pornographic, illegal, criminal, or fraudulent activity that is performed using Swisscows Services. Since we do not log any information about your activities, you are using the Swisscows services at your own responsibility. Swisscows is not liable in any way or form for illegal acts that you take through or from the use of our services.
2. Account setup
To use some of the Swisscows services, you will be asked to set up an account. You are solely responsible for the use or activity of your account, including but not limited to the use of the account by someone who uses your account with or without authorization, or has access to a computer on which your account is located.
3. Account information
If you open an account with Swisscows to use or access the Swisscows Services, you must complete the registration process by providing the complete and accurate information requested on the registration form. You may be asked to provide an email address and password. As a user, you are fully responsible for the confidentiality of your password and account and are also responsible for all activities that take place under your password or account. Users may not sell or trade this account to anyone else.
You agree to notify us immediately of any unauthorized use of your account, email address, or password. We are not liable for any loss that you or a third party may suffer as a result of someone else using your password, with or without your knowledge. We reserve the right to permanently delete your Swisscows account at any time.
4. Payment and refund policy
Users can subscribe to Swisscows services. After signing up for Swisscows services, you can choose a payment method. Only some of our services are free.
Paid Swisscows services automatically renew for the same duration at the end of each service period, and you’ll be charged the same amount that was paid as your first payment using the payment method you selected.
If you buy our fee-based Swisscows services through all possible sales platforms, we will not give you a refund.
For cryptocurrency payments, the corresponding amount in U.S. dollars in the same cryptocurrency will not be refunded (based on the current exchange rate). Payments with prepaid cards or gift cards will not be reimbursed.
As a user, you have the right to delete your account at any time. Deleted accounts will not be refunded for the unused portion of the current service period. Refunds will not be considered for accounts deleted for violating these terms.
All payments are processed with the help of third parties (Contractual partner: Micropayment GmbH, Scharnweberstrasse 69, 12587 Berlin, Germany as a technical payment service provider; First Cash Solution GmbH, Okenstrasse 7, 77652 Offenburg, Germany as an agent for and on behalf of the Volksbank in the Ortenau eG, Okenstrasse 7, 77652 Offenburg, Germany).
5. Age restriction
Swisscows services are not intended for users under the age of 18. These users are expressly prohibited from transmitting their information to us and using parts of the website and Swisscows services for which registration is required. If information is transmitted by these users, it will not be collected or stored.
6. Intellectual property
Nothing published on the Swisscows website grants a license for Swisscows trademarks, copyrights or other intellectual property rights, whether implicitly, in any form or in any other way. Users should assume that everything that users see or read on the Swisscows website is copyrighted information, unless otherwise stated, and may only be used with the written permission of Swisscows. If you access the Swisscows website or use our Swisscows services, you agree to comply with the law and to respect the intellectual property rights of others. Your use of the Swisscows website or our Swisscows services is subject at all times to the laws on copyright and the use of intellectual property.
Users may not sublicense, sell, resell, transfer, assign, distribute or otherwise commercially use the Swisscows Services or make them available to third parties. Users may not create a product with similar ideas, features, functions or graphics of the Swisscows service or copy ideas, features, functions or graphics of the services.
7. Prohibited actions
The use of our Swisscows services does not permit:
- The use of our services for illegal purposes, e.g. for the transmission of illegal material that constitutes a crime under local, state, national or international laws or regulations;
- Submitting content that is unlawful, threatening, harmful, abusive, distressing, harassing or that may be considered offensive in court;
- Abuse, harm, defamation, harassment, degradation, insult, intimidation or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
- Submitting false or misleading information;
- Sending spam or otherwise duplicate or unsolicited messages in violation of applicable law;
- Storing or sending material that contains software viruses, worms, Trojans or other harmful computer code, files, scripts, agents or programs;
- Impairment, damage, or interference with the integrity or performance of the service;
- Attempting to gain unauthorized access to the service or the related systems or networks;
- Misrepresentation or acting on behalf of others;
- Changing the assignment of origin in email messages or postings;
- Use of the service for purposes other than lawful;
- Using Swisscows to hide your identity for illegal or malicious purposes;
- The distribution of copyrighted material on our servers;
- Taking measures that lead to an unreasonable burden on the Swisscows infrastructure;
- Using third party software to disrupt or attempt to disrupt, restrict, or harm the Services;
- Transferring and/or downloading material that is defamatory, discriminatory or otherwise malicious or harmful to a person or organization;
- The use of our services to place pop-up ads;
- Trying to take advantage of our refund policy;
- Any violation of these terms and attempts to circumvent them.
You must comply at all times with all applicable local, state, national and foreign laws, regulations and contracts in connection with your use of the services, including those relating to data protection, international communication and the transfer of technical or personal data. If Swisscows is contacted with a complaint about or because of your use of the Services, Swisscows may consider your use to be in violation of this agreement and terminate your account without notice.
8. Guideline for use
Swisscows endeavors to offer all users the best possible use of the services. This includes ensuring that every user of our services gets the full experience from their chosen plan.
One of the prerequisites for Swisscows services is an unlimited number of simultaneous connections. There are likely to be some users who take advantage of this, which may adversely affect the quality of our services and the user experience for the rest of our users. These users may include, among others, illegal activity organizers and unauthorized resellers and others who use a very large number of devices.
Our fair use policy manages the inappropriate use of our services and guarantees that the services can be used fairly by everyone. As part of the policy, we reserve the right to enable the limitation of excessive number of devices connected simultaneously in our network maintenance system to ensure that none of our users is affected by any deterioration in the quality of the service.
9. Third party links
Swisscows can link to or be linked to other websites that are not managed by Swisscows or are connected to Swisscows. Swisscows does not endorse and is not responsible for the content of these third party websites. You acknowledge that Swisscows does not review and support the content of all websites linked from this website and is not responsible for the content or actions of other websites to which reference is made from this website. We do not promise that the content of linked websites is correct and in accordance with local, state or federal laws, including laws protecting intellectual property. Your use of a linked website is your own responsibility and you assume all responsibilities and consequences that result from this trust.
10. Liability exclusions and liability limitations
Swisscows does not guarantee that the services or their content are error-free and makes no assurances about the functionality or technical accuracy of the services or that the content is current, accurate or error-free. Actual coverage of speeds, locations, services, and quality may vary. Swisscows makes no commitments - your use of the services is your sole responsibility.
Swisscows and its contractual partners are not liable to you or third parties for direct, indirect or special consequential or punitive damages, allegedly arisen through your use of the services, the sale or purchase of goods or goods, your access or the inability to access the website or our services, including for viruses allegedly received by the services, your use of or your trust in the website or our services, information or materials available on the website, regardless of the nature of the claim or the nature of the pleas in law, even if the possibility of such damage was pointed out.
You hereby agree to exonerate the service provider, its affiliates and third party providers and each of their representatives from claims and damages (actual and consequential damages) of any kind and nature, unknown and known, unexpected and suspected, undisclosed and disclosed ("claims"), that result from your use of this website or our services or are connected in any way with it.
You hereby agree to defend, compensate and indemnify the service provider, its affiliates and third parties, and each of their representatives of all third party claims, liability claims, losses, damage and/or costs (including attorney's fees and costs), which result from your access to or use of the website or our services, your violation of these terms and conditions and/or your violation or the violation of intellectual property or other rights of a natural or legal person by another user of your account.
12. Legal situation
These terms and conditions are interpreted in accordance with the laws of Switzerland and are subject to these laws without reference to their rules in relation to legal conflicts. You hereby definitively agree to the exclusive jurisdiction of Switzerland in all disputes arising from or in connection with the use of the website or our services.
13. Questions and suggestions
If you have any questions, suggestions or comments about Swisscows or the services, send an email to info at swisscows.com.
14. Last update of the terms and conditions
May 15, 2020