Terms & Conditions

These are the Terms of Service (the “TOS”) which govern your access to and use of any of the AxeVPN services (AxeVPN.com, Mailmaxe.com and MaxeCloud.com). You must be in agreement with them in order to use any aspect of AxeVPN services including registration, and use of and interaction with any part of the suite of services and software which AxeVPN offers and uses.

The TOS constitute a binding legal agreement between you and AxeVPN. By visiting the website, registering for, installing and/or using the AxeVPN Services on any platform or device you agree to be bound by the TOS. The TOS is the exclusive framework under which AxeVPN allows users (the “users”), whether evaluatory or confirmed, subscribed customers, to use AxeVPN Services. We do not consent to any use of our systems, software or processes unless you agree to the TOS and its provisions in their entirety.

We have developed a suite of services to enhance digital security and privacy across the internet. You agree that you will not use our services to perform any unlawful act nor use our services to circumvent the laws of the jurisdiction of the territory, country or community in which you reside. It is you as the user of our services who assume all responsibility for knowing and understanding the laws of the jurisdiction in which you live. At all times users of AxeVPN services use our services in their own personal private capacities, and use of the services on behalf of an organization does not devolve any personal responsibility of any user to strictly adhere to the TOS.

AxeVPN provides a highly encrypted communications channel between your computer and the AxeVPN server from the time that a connection is established by you via your local client software application until the time that you disconnect that service. Details of these communications are not passed to any third party, recorded, monitored, or stored. While we do not monitor communications, we do monitor the number of active connections any user has, in order to prevent system stress incurred via unauthorized credential sharing. You agree to keep your access credentials secure and private. AxeVPN reserves the right to immediately suspend or apply a service “breaker” in situations where it appears as if credentials have been shared in an unauthorized way – for example if there are more than 5 separate connection attempts at the same time using the same authorization credentials.

AxeVPN may update or alter the TOS at any time, at our sole discretion, for any or no reason, and without liability - please remain familiar with the most current wording. We may notify you by email of any change to the TOS by sending an email and/or by publishing the updated the TOS on the AxeVPN website. The current TOS will come into force immediately from when it is published on the AxeVPN website www.axevpn.com. If you have questions or concerns regarding the TOS please contact us at support@AxeVPN.com.

Our services

Our suite of services allows you at your sole discretion to institute a request to our systems to open up a secure, discreet data channel between your client and our server – a virtual private network (VPN). You and only you are responsible for the use of this data channel, and the data transmitted across the VPN network we provide. You and only you will be liable under all circumstances for your own actions using our systems and services. Use of our services in no way implies or constitutes our condoning or encouraging any action which may be considered illegal, criminal or which may incur civil liability.

We only grant you permission to use AxeVPN services in accordance with the extreme restrictions contained in the TOS, and any local laws and regulations in the jurisdiction in which you live, or the service which you are attempting to communicate with. Your use of the AxeVPN Services is at your own risk. We reserve the right to modify, interrupt or suspend any or all AxeVPN Services at any time without notice or liability and you agree that AxeVPN, its employees, associates or partners do not carry any obligations or liabilities to you for any type of negative or harmful consequence arising from such modifications, interruptions or suspensions.

AxeVPN strives to achieve 99.9% service availability. Under no circumstances will AxeVPN be liable to any client using the service for more than 1 (one) months subscription cost (the liability cap), regardless of the client incurring any type of loss during the use by the client of the AxeVPN service irrespective of whether such loss is claimed to be monetary, non-monetary or any other type of loss. You specifically include attorney fees and/or court costs in this liability cap regardless of any laws or statutes that prescribe otherwise.

You are allowed a maximum of five simultaneous connections of any kind per account.

Our Logging policy

AxeVPN guarantees a strict "no logs of browsing and communications transactional history" policy for AxeVPN Services. This means that the AxeVPN Service is provided by an automated process, and your activities while using it are not recorded, logged, stored or passed to any third party. In the interests of providing a fair and equal service experience to all users, we may automatically maintain bandwidth usage monitors to ensure that no single user's usage effects the service experience of other users to prevent abuse of our systems. This applies to raw bandwidth usage and not how the bandwidth is being used. To limit the number of simultaneous sessions of an active user, an algorithm keeps username and timestamp of the last session status while the session is active. This data is wiped shortly after the session is terminated.

AxeVPN provides a service designed to protect your lawful communications from illegal intrusion, not facilitate unlawful and/ or willfully negligent and/or negligent activities which violate applicable laws or third party rights. AxeVPN will immediately suspend and/or terminate an account if it appears as such account is being used in the commission of any illegal, criminal or fraudulent activities during the use of the AxeVPN Services. While AxeVPN does not maintain customer data logs, if AxeVPN becomes aware of any such activities AxeVPN will suspend or terminate such account. AxeVPN may suspend your account in order to investigate any potential or actual breach of the TOS, and request you to explain your actions and provide additional information. You must contact us for further information if your account has been suspended. We may suspend your user account for a reasonable period of time before we terminate a user account permanently.

Mailmaxe E-Mail Services

You agree that the use of our Mailmaxe e-mail service is subject to the same Terms and Conditions as all of the other AxeVPN Terms and Conditions. In addition you agree as follows:

You may not use the Mailmaxe e-mail service for any unlawful, threatening, harassing, violent, intimidatory, abusive, or spam (mass unsolicited e-mail sendings for marketing, malware dissemination, phishing, or any other nuisance or illegal purpose) communications purpose. Any account sending the previously mentioned types of emails will be suspended and/or terminated immediately. In the event that we are informed that an account is being used for these above mentioned purposes we may terminate such account, particularly in response to a court order from a competent authority informing us of such activity.

Terminated accounts or accounts associated with a terminated VPN account (for any reason), will have their message store deleted within 3 days of the VPN service termination. E-mail subscription depends on the existence of a paid, in-good-standing AxeVPN VPN account.

Under no circumstances will accounts be allowed to be over their allotted quota without the additional purchase of e-mail storage. E-mail account users will be in sole control of their account credentials, and AxeVPN and Mailmaxe.com will not be responsible for the recovery of passwords or other account credentials. It is the service users’ responsibility to take the utmost care and safeguarding of their login and connection credentials.

MaxeCloud Cloud Storage Services

You agree that the use of our MaxeCloud Cloud Storage Service is subject to the same Terms and Conditions as all of the other AxeVPN Terms and Conditions. In addition you agree as follows:

You may not use the MaxeCloud Cloud Storage Service for storage of any unlawful, threatening, harassing, violent, intimidatory, or abusive materials. In the event that we are informed that an account is being used for these above mentioned purposes we may terminate such account, particularly in response to a court order from a competent authority informing us of such activity.

Terminated accounts or accounts associated with a terminated VPN account (for any reason), will have their message or cloud storage deleted within 3 days of the VPN service termination. E-mail and cloud subscription depends on the existence of a paid, in-good-standing AxeVPN VPN account.

Under no circumstances will accounts be allowed to be over their allotted quota without the purchase of additional storage. Account users will be in sole control of their account credentials, and AxeVPN will not be responsible for the recovery of passwords or other account credentials. It is the service users’ responsibility to take the utmost care and safeguarding of their login and connection credentials.

IP - Intellectual property rights

Subject to these terms and conditions, AxeVPN grants you a limited, non-exclusive, personal, non-transferable, license, which also cannot be sub-licensed by you to any other party, to use the AxeVPN Services, including, without limitation, the products and services made available on or through the AxeVPN software or our website. No other rights or licenses of any kind are granted to you hereunder with respect to the AxeVPN Services. The license provided herein is effective until terminated. This license automatically terminates if you fail to comply with the TOS.

The AxeVPN Services, including, but not limited to, the AxeVPN software and all other related items, are owned and copyrighted by AxeVPN, and are protected worldwide. You shall not take any action to jeopardize, limit or interfere in any manner with our ownership of and rights with respect to the AxeVPN Services. All rights are reserved unless otherwise noted. We retain all rights, title and interest in and to the AxeVPN Services and any portion thereof, including, without limitation, all copyrights, trademarks, service marks, trade secrets and other intellectual property rights.

Acceptable Age for use of AxeVPN services

No Person younger than 18 years old is permitted to use AxeVPN Services. No profile of any user under the age of 18 years shall be accepted, and any profile discovered by us to be of such a person will be immediately deactivated on the site, and all privileges for the use of AxeVPN services will be revoked.

Purchase of services

In order to use the AxeVPN services, users must purchase a paid subscription from AxeVPN. AxeVPN may at its discretion grant a temporary free / complimentary access to our services or part thereof for purposes of evaluation, or as a customer incentive. Award of a temporary or complimentary access to our services in no way implies or means that we release you from any aspects of the TOS. Such access may be revoked or suspended or terminated at any time, without warning.

When you sign up for the subscription service, you agree that automatic future billing will take place according to the subscription period until such time as you actively and intentionally terminate your AxeVPN subscription. When you cancel a subscription, we will allow your access to continue until the end of the already billed subscription period. AxeVPN does not currently offer subscription periods beyond 1 (one) month, recurring. On the day you sign up for the AxeVPN service, that day will be considered the “anchor day”. Future monthly billing will happen on that day each and every subsequent subscription month until or if you cancel the service. From the “anchor day” in one month, until the “anchor day” in the next month will be considered a “billing month”. If you cancel a subscription during a billing month, no refunds will be processed for any remaining time outstanding during the current billing month. If you cancel your subscription no further billing will take place thereafter, but the service will remain available to you until the last day of the current billing month. You may cancel your service at any time after signing up for a subscription.

We reserve the right to cancel or terminate any account for violations of the TOS without refund of the current billing month.

Refund policy

AxeVPN operates a “no refund except under exceptional circumstances” policy. You should be aware that setting up a VPN with our software is considered complicated by some. We will try to help you overcome any issues you may have, and offer step by step guides online to help you to get connected to our services.

Prohibited and restricted uses

Use of AxeVPN Services is subject to the TOS and all applicable laws and regulations. We reserve the right, at any time, in our sole discretion, with or without notice, to terminate the accounts of, and block access to the AxeVPN Services to, any users who infringe any applicable laws or the TOS.

You agree that you will not:

       Use the service to send or transmit unsolicited advertisements or content commonly referred to as “spam" over the Service.

    Send, post, or transmit over the Service any content which is illegal, hateful, threatening, insulting, or defamatory, infringes on intellectual property rights, invades privacy, incites violence, or incites any person to break the laws of any jurisdiction they live in or any other jurisdiction.

    Use the service to download, post, reproduce, upload or distribute any content protected by copyright or any other proprietary right without first obtaining permission from the owner of the proprietary content.

    Use the service to download, post, reproduce, upload, or distribute any content that includes depictions of minors in any manner which may be deemed or construed to be sexually suggestive or explicit, or any type of child pornography.

    Use the service to engage in any conduct that restricts any other Subscriber from enjoying or using the Service.

    Attempt to “hack” our services via any form of unauthorized probe or connection to our computing devices, or any other type of computerized assault, interference or Denial of Service type of attack.

    Attempt to compile, utilize, or publish a list of IP addresses operated by AxeVPN as part of its service offering.

       Attempt to “scrape” or copy any aspect of our service offering

    Use the Service for anything other than lawful purposes.

    Represent that you are a representative or agent of AxeVPN.

       Attempt to cross-link or roll our service in any other service or product offering, without first obtaining consent from AxeVPN

    Attempt to reverse engineer our products and services

    Use our service as a platform through which to engage in any type of interaction with minors

    Use the AxeVPN Services for any military purpose, including cyber warfare or the development of weapons of mass destruction.

AxeVPN is its sole right will decide whether or not to enforce any or all aspects of the TOS against any user

Processing of your personal data

In order to provide services and information, AxeVPN processes user data in a limited way – to the extent that it is needed to provide Services, process payments, and provide smooth functioning of www.axevpn.com and client applications.

Personal data is generally processed by AxeVPN automatically but it may also be processed manually. AxeVPN will act as the responsible personal data controller unless this task is delegated to an in-country subsidiary, or where we hand off data processing to a 3rd party such as a payment processor and have no control over the subsequent data exchange.

Client to services-provider interactions with AxeVPN Services are in general managed by an automated technical process. AxeVPN provides a highly encrypted communications channel between your computer and the AxeVPN server from the time that a connection is established by you via your local client software application until the time that you disconnect that service. Details of these communications are not passed to any third party, recorded, monitored, or stored.

You agree to read our Privacy Policy, which explains what type of information we collect and what might happen to that information, including, without limitation, how such information is shared and used. Our Privacy Policy contains information that you should review prior to using the AxeVPN Services. Our Privacy Policy will apply to the information we collect, whether or not you choose to read it.

If you wish to subscribe to AxeVPN services you will need to create a user account, and provide information, which must be current, accurate and truthful. In addition you authorize us to verify your information at any time. If your data is found to be inaccurate, not current or incomplete, we retain the right to suspend or terminate your user account and your access to AxeVPN Services at our sole discretion. Information to be provided:

    Your Email address. We require that you provide a valid email address to be able to send you service details, retrieve lost account passwords, and communicate with you in general.

    Age Declaration. We require that all users of our services be at least 18 years of age (see below), and that they affirm such when they sign up for the Service.

    Your Payment data. Our payment processing partners require your basic information in order to successfully process your subscription payment.

You are solely responsible for the security of your data. AxeVPN cannot guarantee the security of your personal devices and the data you personally store on them. You should never share any of your personal information such as described above, or the technical authorizations which AxeVPN provides you with to access its services. Doing so may lead to serious consequences including identity theft, theft under false pretenses, and fraud committed in your name.

Disclaimer

We will strive to prevent interruptions to the Site and Services, but these are provided on an “as-is” and “as-available” basis, and we do not warrant, either expressly or by implication, the accuracy of any materials or information provided through the Site or Service, or their suitability for any particular purpose. We are not responsible for data lost or delayed, or misdirected because of interruptions or performance issues with the Service, communications services, or networks. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to warranties of fitness for a particular purpose, or non-infringement.

We do not make any warranty that the Services will meet your requirements, or that they will be uninterrupted, timely, secure, or error-free. We also do not make any warranty that defects in the service, if any, will be corrected. You acknowledge that you access the Site and Services at your sole risk and discretion, and that AxeVPN, its employees, officers, partners, and associates will not be liable in any way for any damages whatsoever arising out of any use whatsoever of the Service.

In jurisdictions which may not allow the exclusion of implied warranties, you may have additional rights depending on that jurisdiction. In addition, in some jurisdictions some of the exclusions in the TOS may not apply to you.

You agree to indemnify, defend, and hold harmless AxeVPN, its officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the Content and Service, including but not limited to any violation of this Agreement by you. We may decide to assume the exclusive defense and control of any matter subject to indemnification by you, but the assumption of such defense or control by us shall not excuse any of your indemnity obligations.

Unforeseen Circumstances

We shall not be responsible or have any liability for any delay or failure to perform due to any unforeseen circumstances or causes, regardless of consequences including damages relating to loss of data, loss of business, lost profits, interruption of business, cost of cover or any other damages arising out of or in any way related to this agreement or the use or inability to use AxeVPN services.

Geographical access

We neither imply nor guarantee that AxeVPN Services are appropriate for use or access in your location and jurisdiction.

AxeVPN services may be accessed from all around the world, so it is your responsibility to assess whether using AxeVPN Services is in compliance with local laws and regulations. Whenever you use the AxeVPN Services, you should comply with the TOS and applicable laws, regulations, and policies.

Electronic communications

You agree that AxeVPN may contact you by e-mail to inform you of relevant technical changes to the service, inform you of new services offered by AxeVPN, or any other reason deemed necessary by AxeVPN, and that such email communications satisfy any legal requirements that AxeVPN communicates with you in writing. We will never share your personal data with any 3rd Party or affiliate, or arbitrarily hand over your personal data to any other person or entity.

The TOS constitute an agreement between you and us regarding the use of the AxeVPN Services. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in the TOS.

If any provision of the TOS is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent possible so that the remainder of the TOS remains in full force and effect and enforceable.

No rights or obligations under the TOS may be assigned to any third party.

Legal Jurisdiction

The TOS and your use of the AxeVPN Services are governed by the laws of the Republic of South Africa, without regard to its choice of law provisions. You agree that the courts of general jurisdiction located in Cape Town, South Africa, will have exclusive jurisdiction over any and all disputes arising out of or relating in any way to the TOS or the AxeVPN Services.