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Terms and Conditions of AdGuard Account and AdGuard Websites

September 27, 2024

1. General

Adguard Software Limited (hereafter, “AdGuard”, “we,” “us,” “our”) is a company registered in Nicosia, Cyprus, registered office is at Klimentos 41-43, KLIMENTOS TOWER, Flat/Office 25, 1061, Nicosia, Cyprus. We operate the AdGuard Account services available at my.adguard.com (hereafter, the “Account”), and websites related to AdGuard software and services (hereafter, the “Websites”): AdGuard Ad Blocker (https://adguard.com/), AdGuard VPN (https://adguard-vpn.com/), AdGuard DNS (https://adguard-dns.io/), and AdGuard Mail (https://adguard-mail.com/).
IMPORTANT: THESE TERMS AND CONDITIONS (HEREAFTER, “TERMS” OR “AGREEMENT”) REGULATE THE USE OF THE ACCOUNT AND THE WEBSITES AND CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF THE ACCOUNT IS USED BY OR FOR AN ENTITY, AN ENTITY, HEREAFTER ALSO, “YOU”, “YOUR”, THE “USER”) AND ADGUARD (OWNER OF ALL RIGHTS, WHETHER EXCLUSIVE OR OTHERWISE TO THE ACCOUNT, HEREAFTER ALSO, THE “RIGHTHOLDER”). READ IT CAREFULLY BEFORE USING THE ACCOUNT OR THE WEBSITES.
BY REGISTERING TO THE ACCOUNT, OR BY ACCESSING OR USING IT OR THE WEBSITES, OR BY PRESSING A BUTTON INDICATING YOUR ACCEPTANCE IN THE WINDOW CONTAINING THESE TERMS, OR BY TYPING THE APPROPRIATE SYMBOL(S), YOU ARE CONFIRMING YOUR ACCEPTANCE OF AND AGREEING TO BECOME BOUND BY THESE TERMS.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT REGISTER THE ACCOUNT AND DO NOT ACCESS OR USE THE ACCOUNT AND THE WEBSITES.
AdGuard may modify these Terms from time to time without prior notification. In some cases of important changes, the amendment of these Terms be broadcasted to you by sending an email and/or by publishing the updated Terms on the Account or the Websites. It is your responsibility to periodically review these Terms to stay informed of any changes. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Account or the Websites after the date such revised Terms are broadcasted.

2. The Account and the Websites

(1) The Account

AdGuard provides the Account services to help you manage your user account that is used with the AdGuard software, manage your purchased licenses and subscriptions, and configure the AdGuard software in the appropriate section of the Account.

(2) The Websites

AdGuard provides the Websites to promote the AdGuard software, enable you to purchase a license or a subscription, and provide you with information about using the AdGuard software.

(3) Your use of the Account and the Websites

AdGuard hereby grants you a non-exclusive, non-transferable, revocable licensee to connect, access and use the Account within the scope of its functionality and to access and use the Websites, provided that you comply with all requirements, restrictions and terms specified in these Terms.
The Account contains sections related to the AdGuard software. Use of the respective sections of the Account is only possible if you agree to the EULA and privacy policy of the corresponding AdGuard software.

(4) User registration

To use the Account, you are required to register, using your email address and a password. A valid email address must be provided at registration. Alternatively, you can sign up for the Account using your third-party account, such as Google, Apple ID, or Facebook.
You can access and use the Websites without registering your Account.

(5) Limitations on the provision of the Account and the Websites

The Account and the Websites are not intended to be used by any person or entity in any jurisdiction or country where such use is contrary to applicable legislation, or which would subject AdGuard to any registration requirement within such jurisdiction or country. Those persons or entities who use the Account or the Websites from other locations do so on their own initiative and are solely responsible for compliance with applicable laws and regulations.

3. Intellectual Property Rights

(1) Content of the Account and the Websites

AdGuard is the owner of all right, title and interest in and to, or the license of all intellectual property rights to the content of the Account and the Websites, including, without limitation, all source or object code, scripts, databases, functionality, software, computer programs, techniques, improvements, designs, audio, video, text, photographs, graphics, concepts, formulas, processes, documentation, trade secrets, and any other copyrighted works or works of authorship, provided by AdGuard when you use the Account or the Websites.
AdGuard is the owner of all intellectual property rights to all trademarks, service marks, and logos provided in the content of the Account and the Websites, excluding those owned by third parties.
Modifying, reverse engineering, copying, reproducing, aggregating, republishing, uploading, encoding, selling, licensing, distributing to unauthorized parties, or otherwise exploiting the Account or the Websites for any purpose whatsoever not expressly authorized by AdGuard with a written consent is strictly prohibited.

(2) Using Media kits

The Websites contain Media kits with logos, images and other copyrighted materials owned by AdGuard.
AdGuard hereby grants you a non-exclusive, non-transferable, revocable, royalty-free license to use Media kits subject to the following conditions:
  • The following Copyright and Trademark notices of Adguard are included in all copies of Media kits: © Adguard Software Ltd. All trademarks are the property of their respective owners.
  • The use of Media kits is solely for informational, non-commercial, or personal purposes, and Media kits are not duplicated or stored on other networked computers or published in other media.
  • No alterations are made to Media kits.
Use of Media kits for any other purpose is expressly prohibited by law and may result in significant civil and criminal penalties.
All texts and associated graphics of Media kits are provided “as is” and without any warranties.

4. Restrictions

By registering your Account and by using the Websites, you represent and warrant that:
(a) You have the legal capacity, and You agree to comply with these Terms. (b) You are not a minor in the jurisdiction in which you reside. (c) You will not decipher, decompile, disassemble, modify, reverse engineer, copy, reproduce, aggregate, republish, upload, encode, license, rent, lease, loan, distribute to unauthorized parties, export or sell access to the Account or the Websites. (d) You will not utilize framing techniques to enclose AdGuard logos, trademarks, author attribution and copyright notices. (e) You will not use automated agents or inject scripts into the Account or the Websites to create multiple accounts, generate automated searches, requests, scrape, strip, or mine data from the Account or the Websites. (f) You will not circumvent, disable, or otherwise interfere with security-related features of the Account or the Websites, including features that prevent or restrict the use or copying of any Site Content or enforce limitations on the use of the Services and/or the Site Content contained therein. (g) You will not scan and test the Account or the Websites for vulnerabilities, conduct penetration tests, disclose, share, send, or make otherwise available to third parties information about vulnerabilities in the Account or the Websites of which you become aware, or use information about such vulnerabilities to compromise the security of the Account or the Websites or privacy of other users of the Account. (h) You will not interfere with, disrupt, or create an undue burden on the Account or the Websites or the networks or services connected to the Account or the Websites. (i) You will not defame, disparage, or perform other acts that in our opinion are harmful to AdGuard and/or the Account or the Websites. (j) You will not hide, conceal, or obscure any part of the Account or the Websites via HTML/CSS, scripting, or any other means. (k) You will not use the Account or the Websites for any unauthorized or illegal purpose or activity under applicable international, national, and local laws in countries where it is used. (l) Your use of the Account or the Websites will not violate any applicable law or regulation, including applicable local, national, state, federal and industry-specific laws or regulations that restrict or prohibit, in whole or in part, the use of the Account or the Websites. (m) You will not use the Account or the Websites in any attempt to compete with AdGuard or otherwise utilize the Account or the Websites for any revenue-generating or commercial venture, unless you have a paid subscription to AdGuard products that allows such use, provided it is within the scope of the product’s intended purpose. (n) You will not use another person’s email address or impersonate another person or a representative of another company when registering your Account. (o) You will not create user Accounts by automated means or under false pretenses. (p) You are not domiciled or reside in a country that belongs to E.U. or U.S. embargoed countries. (q) You are not a person, and you are not acting on behalf of a person or a company to which provision of the Account or the Websites is prohibited by the export control laws, rules, regulations, restrictions and national security controls of the European Union, the United States, and other applicable foreign agencies.
Any use of the Account or the Websites in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Account and the AdGuard software.

5. Purchasing Subscriptions to the AdGuard Software

Purchasing subscriptions to the AdGuard software is subject to the following provisions:
(a) You may purchase a subscription to the AdGuard software and manage all purchased licenses and subscriptions using the Account. Registration and use of the Account is at no cost to you. (b) If you purchase a subscription to a specific AdGuard software, the terms of purchase and subscription, including, without limitation, availability, duration and rules of free trial, refund, and cancellation, are governed by the EULA and/or terms of sale applicable to such software. The duration of the purchased subscription and applicable limitations are specified at the time of purchase. (c) You agree to provide complete and accurate payment information, including your email address and payment method, for all purchases made via the Account, and to promptly update your payment information so that we can provide you with a seamless experience in using the AdGuard software. (d) You agree that sales tax may be added to the price of a subscription as deemed required by AdGuard. (e) If your subscription is auto-renewed and is subject to recurring charges, then you consent that AdGuard will charge your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you cancel your subscription or disable subscription auto-renewal. (f) After expiration of your subscription purchased using promo codes or discounts, the payment for the subscription renewal will be charged at full price. All changes to prices will be sent to you to the email address that you have specified when purchasing your subscription. (g) We reserve the right, in our sole discretion, to refuse or cancel your purchases, or limit quantities purchased per person. These restrictions may include purchases by or under the same Account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit purchases that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

6. Data Processing

(1) AdGuard Privacy Policy

AdGuard processes very limited user data and has a strong Privacy Policy of AdGuard Websites that explains in detail how AdGuard handles your personal data in relation to your use of the Account and the Websites.
By accessing and using the Account or the Websites, you agree to have read, understand and accept terms and conditions of data processing set out in our Privacy Policy available at the link mentioned above, which explains what type of information we collect, how it is shared and used.

(2) What your data is processed when you use your Account and why

AdGuard will receive and process certain data to perform our obligations set forth in these Terms and to provide you with the functionality of the Account and the Websites. The data we process may be treated as personal data in accordance with the laws of certain territories and countries. You can read more about data processing in our Privacy Policy.
(a) To register your Account, we will process your email address, your password. (b) If you choose to register your Account using your third-party account, such as Google, Apple ID, or Facebook, we will process an authentication token that proves your identity. AdGuard does not request or have access to your third-party accounts. (c) To enable you to purchase a subscription to the AdGuard software, we will process your email address to inform you of your subscription status, to renew your subscription (if applicable), and to restore your license key if you request us to do so. Your payment information as well as your e-mail address will be processed by our payment service provider during the purchase. (d) To keep you informed about the operation and new features of the Account, we will process your e-mail address. (e) To receive newsletters and promotional emails about the AdGuard software, you may opt-in and subscribe to the newsletters. You can withdraw your consent at any time by unsubscribing in your Account settings or by clicking on the appropriate link in the email you receive.

(3) Data processing when you use the AdGuard software

Data processing during the use of the AdGuard software as well as the sections of the Account related to the AdGuard software is governed by the privacy policies of the respective software.

7. Third-Party Websites and Services

The Account or the Websites may contain links to other websites or services owned and/or operated by third parties.
AdGuard is not responsible for the content, terms of use and data processing on third-party websites and services, even if such websites and services contain information related to AdGuard or AdGuard software. You should independently review terms of use and privacy policies of third-party websites and services.
Visiting third-party websites and using third-party services is entirely at your own discretion. You are solely responsible for your use of third party websites and services and for complying with their terms of use.

8. Modifications, Availability and Management

By accessing and using the Account or the Websites, you agree with the following provisions:
  1. Changes to and availability of the Account and the Websites
AdGuard reserves the right to modify, change, update or discontinue provision of the Account and the Websites without notice at any time at our sole discretion. We cannot guarantee that the Account and the Websites will be available at all times due to hardware or software failures of internet service providers, or our maintenance work.
AdGuard will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Account or the Websites. AdGuard will have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Account or the Websites during any downtime or discontinuance of the Account or the Websites. Nothing in these Terms will be construed to obligate us to maintain and support the Account or the Websites or to supply any corrections, updates, or releases in connection therewith.
  1. Management of the Account
AdGuard reserves the right, but not the obligation, to:
(a) Monitor the Account for violations of these Terms; (b) Take appropriate legal action in the event, in our sole discretion, of a violation of applicable law or these Terms, including, without limitation, reporting to law enforcement authorities; (c) Refuse, restrict access to, limit the availability of, or disable your Account or any portion thereof; (d) Otherwise manage the Account to protect our rights and property and to ensure the proper operation of the Account.

9. Warranty Disclaimer

By accessing and using the Account or the Websites, you expressly agree with the following provisions:
(a) YOUR USE OF THE ACCOUNT SERVICE OR THE WEBSITES IS AT YOUR SOLE RISK. THE ACCOUNT SERVICE AND THE WEBSITES ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. ADGUARD AND ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS WITH REGARD TO THE SERVICES PROVIDED UNDER THESE TERMS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND QUIET ENJOYMENT. ADGUARD DOES NOT WARRANT THAT THE ACCOUNT SERVICE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2 OR ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE (UCC), AS IMPLEMENTED IN ANY JURISDICTION, WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE ACCOUNT SERVICE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS OR HIGH-RISK ENVIRONMENTS OR USE CASES REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. ADGUARD SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. (b) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES PROVIDED UNDER THESE TERMS, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF DELIVERY OF SUCH SERVICES. (c) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ADGUARD OR ITS PARTNERS, OR ITS OR THEIR AGENTS OR EMPLOYEES, SHALL CREATE A REPRESENTATION OR WARRANTY, NOR IN ANY WAY INCREASE THE SCOPE OF ANY EXPRESS REPRESENTATION OR WARRANTY PROVIDED HEREIN. (d) ADGUARD SHALL HAVE NO LIABILITY, AND YOU RELEASE ADGUARD OF ANY AND ALL LIABILITY, IF THE ACCOUNT SERVICE HAS BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT OF USE OF THE ACCOUNT SERVICE WITH OTHER THAN A RECOMMENDED HARDWARE CONFIGURATION, PLATFORM OR OPERATING SYSTEM. (e) ADGUARD IS NOT RESPONSIBLE FOR ANY THIRD-PARTY SERVICE INSTALLED BY YOU, INTENTIONALLY OR INADVERTENTLY, BY PURCHASING LICENSES OR DOWNLOADING THE SOFTWARE FROM AN UNAUTHORIZED PARTY THAT IS NOT OUR PARTNER. (f) YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR PARTICULAR USE OF THE ACCOUNT SERVICE DOES NOT VIOLATE APPLICABLE LAW, THIRD-PARTY RIGHTS, OR YOUR CONTRACTUAL OBLIGATIONS TO THIRD PARTIES.

10. Limitation of Liability

(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ADGUARD NOR ITS SUPPLIERS OR PARTNERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE ACCOUNT SERVICE OR THE WEBSITES PROVIDED UNDER THESE TERMS WHETHER BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADGUARD OR ITS SUPPLIERS OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. (b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADGUARD’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO ADGUARD FOR ANY SERVICES PROVIDED UNDER THESE TERMS. (c) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THESE TERMS.

11. Term and Termination

(1) Term

These Terms shall remain in full force and effect until it is terminated by any reason described in this section.

(2) Termination by you

You have the right to terminate these Terms at any time by deleting your Account via Account settings. We may ask you to confirm the deletion of your Account by entering your password.
If you confirm the deletion of your Account:
(a) We will delete all information from your Account, including your email address. You will no longer receive emails from AdGuard and you will not be able to sign in again to your Account. (b) Your AdGuard VPN and AdGuard DNS subscriptions, if any, will be canceled. (c) Your AdGuard Ad Blocker license keys will be unbound from your deleted Account and can be used to activate AdGuard products or be bound to another Account. (d) If you have signed up to the Account via your third-party account and you have not confirmed your Account yet, you will be required to set your password first.

(3) Termination by AdGuard for good cause

AdGuard reserves the right to terminate these Terms and provision of the Account or the Websites to you for good cause. In such an event, we reserve the right, but not the obligation, to notify you thirty (30) business days prior to the date of the proposed termination. We will cancel your subscription and refund your share of your payment for the current paid term, in proportion to the unused term, within thirty (30) business days after termination.

(4) Termination by AdGuard due to your breach of these Terms

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, ADGUARD RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE ACCOUNT SERVICE TO YOU IN CASE OF YOUR MATERIAL BREACH OF THESE TERMS OR APPLICABLE LEGISLATION, INCLUDING WITHOUT LIMITATION YOUR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. IN THE EVENT THAT SUCH BREACH HAS NOT BEEN CURED WITHIN TEN (10) BUSINESS DAYS OF NOTICE OF SUCH BREACH, WE MAY TERMINATE YOUR USE OF THE ACCOUNT SERVICE OR DELETE YOUR ACCOUNT AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If AdGuard terminates or suspends your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

12. Licenses to Third-Party Software

You are granted a license (or sublicense) under the terms of the GNU General Public License (GPL) or other similar license to certain third party software. Such licenses allow you to copy, modify, and redistribute the third party software or part of it covered by such licenses, and to obtain its source code. If such licenses demand the provision of the source code of any third party software, AdGuard will provide you with the source code upon receipt of your request at the AdGuard’s email address support@adguard.com. If such licenses demand the provision of rights to use, copy or modify any third party software that are greater than the rights granted herein, such rights will prevail over the rights and restrictions set forth herein.

13. Miscellaneous

(1) Applicable law, arbitration, and choice of venue

These Terms will be governed by and construed in accordance with the laws of the Republic of Cyprus without reference to conflicts of law rules and principles. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any dispute arising out of the interpretation or application of these Terms or any breach thereof shall, unless it is settled by direct negotiation, be adjudicated by arbitration in the Republic of Cyprus. Any award rendered by the arbitrator shall be final and binding on the parties and any judgment on such arbitration award may be enforced in any court of competent jurisdiction. Nothing in this section shall prevent AdGuard or you from seeking or obtaining equitable relief from a court of competent jurisdiction, whether before, during or after arbitration proceedings.

(2) Entire agreement and non-waiver

These Terms contain the complete agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. The failure or delay of AdGuard to exercise any of its rights under these Terms or upon any breach of these Terms shall not be deemed a waiver of those rights or of the breach.

(3) Restriction on amendments

No AdGuard partner, or agent or employee of an AdGuard partner, is authorized to make any amendment to these Terms. Any conflict or ambiguity between these Terms and any separate terms or conditions provided by an AdGuard partner regarding the Account or the Websites shall be resolved in favor of these Terms.

(4) Severability

If any provision of these Terms shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect.

(5) No use where prohibited

Access and use of the Account and the Websites are unauthorized in any jurisdiction that does not give effect to all provisions of these Terms.

(6) Assignment

You may not assign, by operation of law or otherwise, any rights or delegate any duties under these Terms to any third party without prior written consent by AdGuard. Any purported assignment lacking such consent will be void at its inception. AdGuard may assign all or part of its rights and/or delegate all or part of its duties under these Terms to any party, at any time, and in its sole discretion, upon notice of assignment by publishing such notice on its website.

(7) Period for bringing actions

No action, regardless of form, arising out of the transactions under these Terms, may be brought by either party hereto more than one (1) year after the cause of action has accrued, except that an action for infringement of intellectual property rights may be brought within the maximum applicable statutory period.

14. Contact Information

Should you have any questions concerning these Terms, or if you desire to contact AdGuard for any reason, please contact our Customer Support Service:
Email: support@adguard.com Website: https://adguard.com/
© 2024 ADGUARD SOFTWARE LIMITED. All Rights Reserved. The Account and the Websites and any accompanying documentation are copyrighted and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.