Terms and Conditions
By using this site and making use of Haven, a service offered by Haven Security LLC ("the Company"), you agree to abide by the following Terms and Conditions. These Terms and Conditions cover all present and future features and versions offered by your Haven account, individually and collectively referred to as the "Service".
Users of the Service
This Service is provided exclusively to individuals who are 13 years of age or older. This Service is provided exclusively to persons and any accounts registered by “bots” or automated methods are not authorized and will be terminated. Each user is solely responsible for all of his or her actions related to the use of the Service.
Usage Policy and Prohibited Activities
The Service cannot be used for activities prohibited by United States law. To protect its services from being misused, abused or being used to harm someone, Haven Security LLC enforces some rules which apply to every user equally, regardless of the type of subscription. You specifically agree not to use this Service for:
Accessing/sharing/downloading/uploading illegal content, including, but not limited to, child pornography or content perceived to be child pornography;
Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
Attempting to access, probe, or connect to computing devices without proper authorization (i.e., any form of “hacking”);
Infringing upon or violating our intellectual property rights or the intellectual property rights of others;
Promoting illegal activities, or providing means for/helping other people commit illegal activities by providing instructional information;
The account of any user found involved in any of the aforementioned activities will be suspended immediately without notice. Additionally, you may be held responsible for any and all damages incurred by the Company, including any amounts charged by any outside entity due to said violation(s), including without limitation attorney's fees and costs.
Having multiple free accounts is not an acceptable use of the service. Accounts can only be created and maintained by their effective users, it is not acceptable to create accounts in anyone else's name and later transfer credentials to that third party. Haven Security LLC reserves the right to take action against any account which it considers abusive in that regard.
Limited Warranties and Liability
The Company does not make any warranty about the reliability of the Service and does not guarantee the security of user data despite best efforts. The Service is provided “as is” and you agree neither to hold the Company responsible nor to seek indemnification for any damages that may arise as a result of the loss of use, data, or profits connected to the performance of the Service or failure in such performance.
The Company does not control, nor is responsible for, any data, content, services, or products (including software) that you access, download, receive or buy while using the Service. Furthermore, you will not hold the Company liable or seek indemnification if confidential material is unintentionally released as the result of a security failure or vulnerability in the Service.
The Company will attempt to make the Service available at all times; however, VPN service coverage, speeds, server locations and quality may vary. The Company is not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Service or communications services or networks. The Company may impose usage or service limits, suspend service, or block certain kinds of usage at our sole discretion.
The Haven website may contain links to other websites of interest. However, The Company is not responsible for the content of any website that it links to, and external sites are governed by their own terms and conditions and privacy policies.
The Company may make improvements and changes to the Service at any time without notice. The Company may at its sole discretion terminate service without cause or notice.
You agree that the Company and any parents, subsidiaries, officers, employees, or third-party contractors cannot be held responsible for any third-party claim, demand, or damages, including reasonable attorneys' fees, arising out of your use of this Service.
Services “AS IS”
We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, HAVEN AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you. For example, these disclaimers do not override the legal protections, including statutory warranties, granted to consumers by EU law.
Billing. You can increase your storage space and add paid features to your account (turning your account into a “Paid Account”). We’ll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. If you’re on an annual plan, we’ll send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws.
Cancellation. You may cancel your Haven Paid Account at any time. Refunds are only issued if required by law. For example, users living in the European Union have the right to cancel their Paid Account subscriptions within 14 days of signing up for, upgrading to, or renewing a Paid Account by clicking here.
Downgrades. Your Paid Account will remain in effect until it's cancelled or terminated under these Terms. If you don’t pay for your Paid Account on time, we reserve the right to suspend it or remove Paid Account features.
Changes. We may change the fees in effect on renewal of your subscription, to reflect factors such as changes to our product offerings, changes to our business, or changes in economic conditions. We’ll give you no less than 30 days’ advance notice of these changes via a message to the email address associated with your account and you’ll have the opportunity to cancel your subscription before the new fee comes into effect.
General terms of payment
The Company reserves the right to discontinue service immediately if a fraudulent payment is detected, such as the use of a stolen credit card, and such cases may be further referred to the competent authorities.
By subscribing to the Service, you agree to become a subscriber for the period you have selected (such as 1 month or 1 year). All plans renew automatically at the completion of the billing term. The renewal term is by default for the same duration as the billing term for the original subscription.
If you fail to fulfill your obligation of payment as a user of a paid account, the Company may suspend your account or delete it after an extended period of default.
Money Back Guarantee
You may cancel your account with a refund for any unused portion of the service period within 30 days of the initial purchase. Here, any unused portion of the service period refers to the prorated remaining full days of the subscription period. Refunds or credits beyond the 30 days window will be considered, but at the sole discretion of the Service. The Company is only obligated to refund in the original currency of payment and refunds will be processed within 30 days of the request. To request a refund under our Money Back Guarantee, please contact us using our support form. This money back guarantee clause is only applicable to users who have subscribed to Haven directly through the official Haven app or the official Haven website (e.g. if you have subscribed to Haven through the intermediary of a third-party processor, please refer to its respective refund policy).
If you rely on dispute or chargeback mechanisms of third-party payment processors, you waive your right to the above mentioned refund from the Company. Furthermore, if the result of the dispute or chargeback mechanisms causes the Company to be liable for an amount exceeding the price paid for the service (e.g. dispute fee), you authorize the Company to charge that amount on your account.
At its sole discretion, the Company may also provide the account holders with a prorated refund for service fees paid during the period the Service was not available or usable, upon the request of the account holder. The Company is only obligated to refund in the original currency of payment and refunds will be processed within 14 days of the request.
Modifications to Terms of Service
Within the limits of applicable law, the Company reserves the right to review and change these Terms and Conditions at any time. You are responsible for regularly reviewing these Terms and Conditions. Continued use of the Service after such changes shall constitute your consent to such changes.
The Company reserves the right, at its absolute discretion, to modify the Service, for example by adding or removing certain functions of VPN servers or by updating the software.
The Company may, at its sole discretion, provide limited technical support, upgrades and updates for the Service. In order to enhance and further develop the Service, the Company may automatically download and install updates and upgrades from time to time. You, as a user, agree to receive such updates and upgrades as part of your use of the Service. The Company shall have no obligation to provide support or maintenance for the Services under this Agreement.
These Terms will be governed by Maryland law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn’t override those laws.
Let’s Try to Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Haven, you agree to try to resolve the dispute informally by contacting email@example.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Haven may bring a formal proceeding. If you reside in the EU, the European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr.
Judicial Forum for Disputes. You and Haven agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of San Francisco County, California, subject to the mandatory arbitration provisions below. Both you and Haven consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.
IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
We Both Agree to Arbitrate. You and Haven agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by clicking here and submitting the opt-out form within 30 days of first registering your account. However, if you agreed to a previous version of these Terms that allowed you to opt out of arbitration, your previous choice to opt out or not opt out remains binding.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco (CA), or any other location we agree to.
Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. Haven will pay all arbitration fees for individual arbitration for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. Haven will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate. Either you or Haven may assert claims, if they qualify, in small claims court in San Francisco (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in San Francisco County, California to resolve your claim.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void.