1. About These Terms
These Terms of Use ("Terms") form a legally binding agreement between you (the "User" or "you") and CONSILIORA NEXUS CONSULTING LTD, a company registered in the Republic of Cyprus under number HE468919, with registered address at Franklinou Rousvelt, 170, 2nd floor, Omonoia, 3048, Limassol, Cyprus ("Consiliora", "we", "us", or "our").
These Terms govern your access to and use of the Mix VPN mobile application for iOS (the "App"), the website mixvpn.consiliora.org, and the related virtual private network services (collectively, the "Service"). By downloading, installing, accessing, or using the Service, you confirm that you have read, understood, and agreed to these Terms. If you do not agree, you must not use the Service.
2. Eligibility
You must be at least 18 years old and capable of entering into a legally binding agreement under the law of your jurisdiction to use the Service. By using the Service you represent that you meet these requirements. You must also be the owner or an authorised user of the Apple device on which you install the App.
3. The Service
Mix VPN provides a virtual private network tunnel that routes your Internet traffic through servers operated by Consiliora, allowing you to improve the confidentiality of your connection and choose an apparent point of origin from the locations we offer. The Service may include some or all of the following modes at our discretion:
- Free mode: access to a limited set of servers with basic throughput, potentially supported by in-app advertising;
- Free trial: a time-limited trial of the paid mode that converts into a paid subscription unless cancelled before the end of the trial;
- Paid subscription: full access to the Service, including additional server locations and higher throughput;
- Other modes we may introduce, modify, or discontinue from time to time.
The specific features available in each mode, and the availability of particular server locations, may change at any time.
4. Subscriptions, Free Trials and Billing (Apple App Store)
Paid subscriptions to Mix VPN are sold and billed exclusively through the Apple App Store under your Apple ID. Apple is the merchant of record for all in-app purchases.
4.1 Price and Duration
The price and duration of each subscription option are displayed in the App before you complete the purchase. Prices are charged in the currency designated by Apple for your App Store region and may include applicable taxes.
4.2 Auto-Renewal
Paid subscriptions automatically renew for the same duration at the same price (or such price as Apple indicates in accordance with its rules) unless you cancel at least 24 hours before the end of the current period. Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period.
4.3 Free Trial
If a free trial is offered and you activate it, you will receive full access to the Service for the duration of the trial. Unless you cancel the subscription before the trial ends, the trial will automatically convert into a paid subscription, and your Apple ID will be charged for the first full subscription period. If you have already used a free trial for a previous Mix VPN subscription, you may not be eligible for another free trial.
4.4 Managing and Cancelling Your Subscription
You can view, manage, or cancel your subscription at any time through your Apple ID settings (Settings > [your name] > Subscriptions, or through the App Store). Cancelling a subscription stops the next renewal; it does not terminate the current paid period, which will continue until its scheduled end.
4.5 Refunds
Refund requests for in-app purchases made through the App Store are processed by Apple in accordance with Apple's refund policy, which you can access at reportaproblem.apple.com. Consiliora does not process refunds directly and has no discretion to override Apple's decisions in this respect. Where we have discretion to grant a goodwill credit or extension, we may do so, but we are not required to.
4.6 Changes to Prices and Plans
We may change the price of subscriptions or introduce new subscription options. Any change to the price of your existing recurring subscription will only take effect after the end of your current subscription period, and will be communicated to you in advance as required by Apple's rules and applicable law. You may cancel before the new price takes effect if you do not wish to accept it.
5. Licence
Subject to your compliance with these Terms, Consiliora grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to download and install one copy of the App on an Apple device that you own or control, and to use the Service for its intended purpose.
You may use the Service for any lawful personal or professional purpose. You may not, however, resell, rebrand, white-label, or otherwise commercially redistribute the Service to third parties, nor operate it as a service bureau or commercial hosting service for the benefit of third parties, without our prior written consent.
All rights not expressly granted to you are reserved by Consiliora.
6. Acceptable Use
You agree that you will not use the Service, and will not permit anyone acting on your behalf to use the Service, to:
- Engage in any activity that is unlawful under the laws of any jurisdiction applicable to you or to us, including identity theft, hacking, unauthorised access to computer systems, or fraud;
- Transmit, distribute, or store malware, viruses, worms, trojans, ransomware, spyware, or any other malicious code;
- Infringe the intellectual property rights of others, including by unauthorised sharing of copyrighted works;
- Harass, threaten, defame, stalk, bully, or otherwise harm any person;
- Use the Service to launch denial-of-service, DDoS, port scanning, intrusion, brute-force, or similar attacks against any system or network;
- Send unsolicited bulk communications, including spam email, SMS, or instant messages;
- Attempt to circumvent, disable, or otherwise interfere with security features of the Service, or abuse, overload, or degrade the Service infrastructure;
- Use the Service in connection with any form of exploitation of minors, including child sexual abuse material;
- Use the Service to support terrorism, violent extremism, or any activity prohibited by applicable sanctions regimes;
- Use a payment method that you are not authorised to use, or engage in payment fraud or chargeback abuse;
- Use any automated means to access the Service in a manner that places an unreasonable load on our infrastructure.
We may suspend or terminate your access to the Service if we reasonably suspect that you have violated this Section, without prejudice to any other remedies available to us.
7. User Accounts and Security
If the Service requires you to create or link an account, you are responsible for maintaining the confidentiality of any credentials and for any activity that takes place under your account or Apple ID. You must notify us promptly of any unauthorised use you become aware of. We reserve the right to suspend or terminate access to accounts that we reasonably believe are being used in breach of these Terms.
8. Third-Party Services and Devices
Your use of the Service depends on your Internet connectivity, your mobile carrier, and the Apple device and operating system on which the App is installed. You are responsible for any data charges, hardware, or third-party services required to use the Service. We are not responsible for the availability, reliability, or performance of any such third-party elements.
9. Intellectual Property
The App, the website mixvpn.consiliora.org, the Mix VPN name and logo, and all related content, software, designs, and materials are owned by Consiliora or its licensors and are protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms transfers any intellectual property rights to you other than the limited licence expressly granted in Section 5.
If you provide us with feedback, suggestions, or ideas regarding the Service, we may use them for any purpose without compensation or obligation to you.
10. Warranty Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
CONSILIORA EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT IT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. NOTHING IN THESE TERMS AFFECTS ANY MANDATORY CONSUMER RIGHTS UNDER APPLICABLE LAW THAT CANNOT BE EXCLUDED OR LIMITED BY CONTRACT.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONSILIORA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, WILL NOT EXCEED THIRTY US DOLLARS (US$30.00). THIS CAP APPLIES IN THE AGGREGATE ACROSS ALL CLAIMS AND CAUSES OF ACTION AND NOT PER CLAIM.
THESE LIMITATIONS ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND CONSILIORA AND WILL APPLY EVEN IF THE EXCLUSIVE REMEDY DESCRIBED IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
12. Indemnification
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Consiliora and its affiliates, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to (i) your breach of these Terms, (ii) your use or misuse of the Service, or (iii) your violation of any applicable law or of any rights of a third party.
13. Term and Termination
These Terms become effective when you first access or use the Service and remain in force until terminated. You may terminate the agreement at any time by uninstalling the App, cancelling any active subscription, and ceasing to use the Service.
We may suspend or terminate your access to the Service, or any part of it, at any time, with or without notice, if (a) you violate these Terms, (b) we are required to do so by law, (c) your use of the Service poses a risk to us, other users, or third parties, or (d) we decide to cease offering the Service generally.
Upon termination, all rights granted to you under these Terms will cease. Sections that by their nature should survive termination (including Sections 9–14 and 16) will continue in effect.
14. Changes to the Service and to These Terms
We may modify, add, or remove features of the Service at any time in our discretion. We may also update these Terms from time to time. The "Last updated" date at the top of this page indicates when the Terms were last revised. Where changes are material, we will take reasonable steps to bring them to your attention, including through an in-app notice a reasonable time before they take effect. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of them. If you do not accept the updated Terms, you must stop using the Service.
15. Privacy
Our processing of personal data in connection with the Service is described in our Privacy Policy, which is incorporated into these Terms by reference.
16. Governing Law and Dispute Resolution
These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by the laws of the Republic of Cyprus, without regard to its conflict-of-laws rules. The courts of the Republic of Cyprus, with exclusive seat in the District Court of Limassol, have exclusive jurisdiction to hear and decide any dispute arising out of or in connection with these Terms, except that we may bring proceedings to enforce these Terms in any jurisdiction where you reside or where you use the Service.
Nothing in this Section affects any mandatory consumer rights you may have under the law of your country of residence, including any right to bring proceedings before the courts of that country.
17. Miscellaneous
Entire Agreement. These Terms, together with the Privacy Policy and the EULA, constitute the entire agreement between you and Consiliora regarding the Service and supersede any prior agreements on the same subject.
Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be modified to the extent necessary to make it valid and enforceable while preserving its intent.
No Waiver. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms to an affiliate or successor in connection with a reorganisation or transfer of all or part of our business.
Force Majeure. We are not liable for any failure to perform our obligations caused by events beyond our reasonable control, including natural disasters, war, civil unrest, governmental action, network failures, or disruptions of third-party infrastructure.
18. Contact
CONSILIORA NEXUS CONSULTING LTD
Registration #HE468919
Franklinou Rousvelt, 170, 2nd floor
Omonoia, 3048, Limassol, Cyprus
Email: support@consiliora.org