Terms of service

1. Who May Use the Service

The Services are available only to individuals who are at least 13 years old. Users under 18 must have the consent of a parent or legal guardian before creating an account or using the Services.

Accounts must be registered by real people. Accounts created through automated tools, scripts, or bots are not permitted and will be terminated without notice.

Each account holder is solely responsible for all activity carried out through their account, including any consequences that arise from that activity.

2. Permitted & Prohibited Use

You agree to use your account and the Services only for lawful purposes and in a manner consistent with these Terms. The following activities are explicitly prohibited:

1. Disrupting, overloading, or impairing the networks, servers, or infrastructure operated by APEX VPN AG;
2. Accessing, uploading, downloading, or distributing illegal content of any kind, including child sexual abuse material (CSAM);
3. Infringing the intellectual property or personality rights of APEX VPN AG or any third party;
4. Harassing, intimidating, defaming, or discriminating against any individual or group based on any protected characteristic;
5. Selling, transferring, or sublicensing your account or access credentials to any other person or organization, unless expressly permitted in writing by APEX VPN AG;
6. Sharing login credentials with others outside what is explicitly permitted under your subscription tier;
7. Reselling or otherwise providing access to the Services to third parties without prior written authorization;
8. Distributing or promoting content that facilitates illegal conduct;
9. Registering multiple free accounts for a single person or organization;
10. Accessing the Services through automated means (bots, scrapers, scripts, or similar tools) in a way that deviates significantly from normal human usage patterns or attempts to bypass security controls;
11. Paying for a subscription with fraudulent or stolen payment credentials;
12. Sending unsolicited bulk messages, spam, phishing attempts, or malware via the Services;
13. Using the Services to send emails to recipients who have not explicitly opted in to receive them;
14. Attempting unauthorized access to systems, devices, or networks owned by third parties;
15. Exploiting the referral program by referring your own alternate accounts to fraudulently obtain rewards.

APEX VPN AG reserves the right to immediately suspend or terminate any account found to have engaged in prohibited activity. We may also terminate accounts upon lawful order from competent authorities. Accounts that consume an unreasonably disproportionate share of bandwidth or other shared resources may have their usage capped or restricted to preserve a fair experience for all users.

If you believe your account has been suspended in error, you may submit an appeal through ourAccount Appeal Form.

3. Inactive Accounts

APEX VPN AG reserves the right to suspend or delete free accounts that have remained inactive for a continuous period of 12 months or more. Where possible, we will send advance notice to the recovery email address linked to your account — 30, 15, and 7 days before any action is taken.

A free account is considered active if, within any 12-month window, you:

• Sign in to your account via a web, desktop, or mobile interface; or
• While signed in, actively use a Service (for example, connecting to a VPN server or opening the app dashboard).

Paid accounts under an active subscription are always treated as active, and this section does not apply to them. If your paid subscription lapses or is downgraded, the 12-month inactivity clock resumes from the date of downgrade.

If you anticipate a period of unavoidable inactivity lasting longer than 12 months, pleasecontact our support teamin advance so we can make a note on your account.

4. Limited Warranties & Liability

The Services are provided on an "as is" and "as available" basis, without warranties of any kind — express or implied — including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. APEX VPN AG does not guarantee uninterrupted service or that all data stored within the Services will remain available at all times.

APEX VPN AG accepts no obligation to retain or recover the contents of terminated accounts, or accounts that have exceeded their storage allocation. You acknowledge that due to the encrypted nature of our Services, we are unable to recover data if you lose access to your account credentials.

These limitations do not apply to the extent prohibited by applicable law in your jurisdiction.

5. Service Level Agreement

APEX VPN AG targets a monthly uptime of 99.95% or better for the Services. If we fall below this threshold in any given calendar month, eligible paid accounts may request a credit, which will be applied to the following billing cycle.

The following are excluded from uptime calculations:

• Events caused by factors outside APEX VPN AG's reasonable control (force majeure);
• Disruptions caused by a user's own actions, third-party software, or user-managed hardware;
• Issues originating from internet service providers or network infrastructure not operated by APEX VPN AG;
• Downtime resulting from the suspension or termination of an account under these Terms;
• Planned maintenance announced at least 24 hours in advance.

6. Indemnification

You agree to defend, indemnify, and hold harmless APEX VPN AG and its officers, directors, employees, contractors, and agents from and against any third-party claims, damages, losses, or expenses (including reasonable legal fees) arising out of or in connection with your use of the Services, your account, or your violation of these Terms.

7. Privacy

OurPrivacy policydescribes how we collect, use, and protect your personal data. By agreeing to these Terms, you also agree to our Privacy Policy. If you use APEX VPN in a business context where you act as a data controller and our processing of data is governed by the EU GDPR, ourData Processing Agreementapplies.

8. Intellectual Property

All trademarks, service marks, logos, and brand identifiers associated with APEX VPN are the exclusive property of APEX VPN AG. Nothing in these Terms grants you any right or license to use our trademarks, logos, or other proprietary designations without prior written consent. All goodwill derived from any permitted use of our trademarks accrues solely to APEX VPN AG.

All software, technology, content, and documentation forming part of the Services are protected by copyright and other intellectual property laws. You may not copy, reverse-engineer, modify, or distribute any part of the Services except as expressly permitted under these Terms or by applicable law.

9. Payment & Billing

APEX VPN subscriptions are billed on a monthly, annual, or bi-annual basis, depending on the plan you select at signup. Subscriptions renew automatically at the end of each billing period at the then-current pricing unless you cancel before the renewal date.

You are responsible for keeping your payment method current. If a renewal payment fails, your account may be downgraded to a free tier and subject to restrictions. You may cancel your subscription at any time through your account dashboard.

30-day money-back guarantee:If you are not satisfied with the Services, you may request a full refund within 30 days of your initial subscription purchase by contacting our support team. Both the cancellation and refund request must be submitted within this 30-day window. Refunds are available only for direct purchases made through APEX VPN AG's official channels and may be requested only once per user. If you subscribed via a third-party platform (e.g. an app store), their refund policy applies instead.

Accounts terminated for violations of these Terms are not eligible for refunds. Refunds are issued in the original currency and to the original payment method only. Disputes or chargebacks initiated through a third-party payment processor constitute a waiver of the refund right described above.

Certain plans are designated for businesses and organizations. By subscribing to a business plan, you confirm that you are acting on behalf of a commercial entity, and statutory consumer protections do not apply to your subscription to the extent permitted by law.

Referral Program

APEX VPN AG may offer account credits or other incentives for referring new users who create and activate a paid account. These incentives are granted at our discretion and do not constitute a guaranteed entitlement. Self-referrals or other attempts to abuse the referral system will result in disqualification and may result in account suspension.

Delinquent Accounts

If a paid account lapses due to non-payment and the account's usage exceeds the free plan limits, the account will be placed in a delinquent-restricted state. Restrictions may include the inability to send emails with attachments, upload files, or access organizational features. Accounts remaining in a delinquent-restricted state for 12 consecutive months may be permanently deleted.

10. Plan Changes & Cancellation

Upgrading

If you upgrade to a higher-tier plan mid-cycle, the change takes effect immediately. A prorated credit for the unused portion of your current billing period will be applied automatically to your account balance.

Downgrading or Cancelling

To prevent automatic renewal, you must downgrade or cancel your subscription before the end of the current billing period. Downgrading before the end of your cycle entitles you to a prorated credit for the remaining term, valid for 24 months. APEX VPN AG does not automatically remove paid features on your behalf — you must remove any usage exceeding the free plan limits before downgrading.

Changing Your Billing Cycle

Switching to a longer billing cycle (e.g. from monthly to annual) takes effect at the end of your current subscription cycle.

11. Changes to These Terms

APEX VPN AG may update these Terms from time to time. When we make material changes, we will indicate the revision date at the top of this page. Your continued use of the Services after any update constitutes acceptance of the revised Terms. We encourage you to review this page periodically. For significant changes, we may also notify you via email or an in-app notice where required by applicable law.

12. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions of these Terms will continue in full force and effect.

13. Governing Law & Disputes

These Terms are governed by the substantive laws of Switzerland, to the maximum extent permitted by applicable law, regardless of your location. Any dispute, claim, or controversy arising out of or related to these Terms, your account, or the Services shall be subject to the exclusive jurisdiction of the competent courts of the Canton of Geneva, Switzerland.

If you are a consumer residing in a jurisdiction where mandatory local consumer protection laws apply, those laws may grant you additional rights that these Terms do not limit or waive.

Informal Resolution First

Before initiating any formal legal proceeding, both parties agree to first attempt to resolve the dispute informally. The party raising a dispute should provide written notice describing the issue and the relief sought, giving the other party 30 days to respond before proceeding further.

14. Miscellaneous

Nothing in these Terms limits any statutory rights you may have as a consumer under applicable law.

Section headings are for convenience only and do not affect the interpretation of any provision.

APEX VPN AG's failure to enforce any provision of these Terms at any time does not constitute a waiver of that or any other provision.

APEX VPN AG may assign or transfer its rights and obligations under these Terms (in whole or in part) to an affiliate or in connection with a merger, acquisition, or sale of assets. You may not assign your account or any rights under these Terms without prior written consent.

These Terms, together with the Privacy Policy and any plan-specific terms, constitute the entire agreement between you and APEX VPN AG with respect to the Services, and supersede all prior agreements or communications on the subject matter.

In the event of any conflict between a translated version of these Terms and the English original, the English version shall prevail.