These Terms of Service (“Terms”) govern your use of the LatinVPN website (the “Site”) and the LatinVPN VPN and related service (the “Services”), which are owned and operated by RAMC Software LLC (“LatinVPN”,” “we” or “us”). Our Privacy Policy is incorporated by reference into these Terms and is subject to the provisions of these Terms. Please read these Terms carefully before you access the Site or Services, as these Terms form a binding legal agreement between you and LatinVPN.
By accessing the Site or registering for or using the Services, you agree to these Terms in their entirety.
THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE “BINDING ARBITRATION AND CLASS ACTION WAIVER” SECTION.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE OR SERVICES. YOUR USE OF OUR SITE AND SERVICES REQUIRES YOUR ACCEPTANCE OF THESE TERMS AS THEY MAY BE AMENDED FROM TIME TO TIME, INCLUDING THE POLICIES INCORPORATED BY REFERENCE HEREIN, WHICH INCLUDES THE LATINVPN PRIVACY POLICY, WHICH CAN BE FOUND AT https://latinvpn.com/politica-privacidad.
1. Changes to the Terms
2. VPN Service
3. Authorized User; Your Responsibility
4. Personal Information
5. Personal Use; Limited License
6. Software
7. SPAM
8. Fees; Payment Terms
9. REFUND POLICY
10. Use of Services
11. Third-Party Content
12. Acceptable Use Policy
13. Copyright Protected Materials
14. Export Control Laws
15. Right to Restrict or Terminate Access
16. Security
17. Children and Minors
18. DISCLAIMER OF WARRANTY
19. LIMITATION OF LIABILITY
20. Indemnity
21. Automatic Renewal
22. Binding Arbitration and Class Action Waiver
23. General Terms
We may add to, change or remove any part of these Terms, at any time without prior notice to you other than listing of a later effective date than the one set forth at the top of this policy. Such modification shall be effective immediately upon posting at the Site. As your next visit to a Site or use of the Services may be governed by different Terms, we encourage you to look for a new effective date on these Terms when you visit the Site or use the Services. It is your responsibility to check these Terms periodically for changes. If we make any material changes to these Terms, we will endeavor to provide registered users with additional notice of any changes, such as at your e-mail address of record, when you log-in to your account, or when you log-in to the Services.
Your use or continued use of the Site or Services following the posting and/or notice of any changes to these Terms or any other posted policies shall constitute your acceptance of the changed Terms or policies
You understand that we are providing you with a virtual private network (“VPN”) service, which includes, but is not limited to, the use of servers, transport, routers, IP addresses and other equipment and protocols to transmit information over our network (the “System”). You agree to abide by these Terms with respect to your use of the Service.
You may not access or use the Site or Services if you are unable to form a binding, legal agreement with LatinVPN. You affirm that you are over the age of 18. You assume all responsibility for your use of, or access to, the Site or Services.
LatinVPN does not meter the number of connections from a client. However, LatinVPN reserves the right to reduce or limit connections to ensure the proper functioning of our systems.
By registering for our Services, you represent and warrant that all information you submit to us is true, accurate, current and complete and that you will promptly notify us if your information changes.
You may browse the Site without providing us with any personal information; however, to use our Services, you must register with us and submit certain personally identifiable information. You expressly agree that we may use your information in accordance with the terms of the LatinVPN Privacy Policy, which you can find and read at https://latinvpn.com/politica-privacidad.
LatinVPN grants you a personal, limited, non-transferable, non-exclusive license to use LatinVPN Site content and the Services, solely for your personal, private and non-commercial use in connection with the LatinVPN Services accessed by you. This license is personal to you, and you may not resell our Services, permit other users access to our Services through your account, or use the Services or our System to host content for others.
You may not copy or download any content from the LatinVPN Services except with the prior written approval of LatinVPN.
Furthermore, without the prior written approval of LatinVPN, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Site content or Services. Any commercial use is expressly prohibited.
You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Site. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the LatinVPN Services you are using.
Making unauthorized copies or distribution of Site content may result in the termination of your LatinVPN account, prohibition on use of LatinVPN Services, and further legal action.
The Services may require or allow you to download software, software updates or patches, or other utilities and tools onto your computer, entertainment system or device (“Software”). LatinVPN grants to you a non-exclusive, limited license to use LatinVPN Software solely for the purpose stated by LatinVPN at the time the LatinVPN Software is made available to you and in accordance with these Terms.
Your use of the LatinVPN Software may be subject to the terms of an end-user license agreement. You may not sub-license, or charge others to use or access LatinVPN Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from LatinVPN Software. You may not modify LatinVPN Software or use it in any way not expressly authorized in writing by LatinVPN.
You understand that LatinVPN’s introduction of various technologies may not be consistent across all platforms and that the performance of LatinVPN Software and related LatinVPN Services may vary depending on your computer and other equipment. From time to time, LatinVPN may provide you with updates or modifications to LatinVPN Software. You understand that certain updates and modifications may be required in order to continue use the LatinVPN Software and LatinVPN Services.
LatinVPN enforces a zero-tolerance SPAM policy regarding information transmitted through our network. LatinVPN may determine in its sole discretion whether any transmissions are considered SPAM. SPAM includes, but is not limited to, the following:
If LatinVPN determines that you have posted one or more articles of spam, we may cancel your account immediately and take steps to prevent you from using our network at any time thereafter.
LatinVPN may, with prior notice, change the fees it charges you for accessing the Services at any time. All prices are quoted for an unmetered number of devices. You agree that all fees charged by LatinVPN for accessing the Services will be automatically charged to your payment account on file with LatinVPN, at the time of any automatic renewal of your subscription for Services. To view our current subscriptions, payment terms and fees, please visit the LatinVPN website.
If you are less than 100% satisfied with the VPN service, we will gladly refund your payment if the refund is requested within the number of days listed on your signup offer (“Money Back Period”) after purchase. Requests made later than the Money Back Period will not be honored. You understand that certain cash equivalent or other methods may not allow for refunds or that refunds may happen slowly or by paper check or that refunds may have service fees associated with them. You agree and acknowledge that LatinVPN is not liable if a payment method does not allow for refunds. You will receive an offer for service in lieu of a refund if a payment method does not allow a refund.
Subject to clause 19, LatinVPN is not liable for the loss, corruption, alteration or removal of any content transmitted using our Services or on our System. By using our Services, you expressly waive the right to seek damages and agree to hold LatinVPN harmless for any such loss, alteration, corruption or removal. LatinVPN may also at any time modify or discontinue, temporarily or permanently, all or any part of the Services or your account, with or without notice, and you agree that LatinVPN will not be liable to you or any third party for any such modification, suspension or discontinuance. Our Services are not intended to be used in countries where offering or providing the Services is illegal, and we do not offer the Services in such countries or to citizens of such countries, including the countries of Iran, Cuba, North Korea, Syria or Sudan.
We do not control, and we are not responsible for, any data, content, services, or products (including software) that you access, download, receive or buy while using the Services. We may, but do not have any obligation to, block information, transmissions or access to certain information, services, products or domains to protect the Services, our network, the public or our users. We are not a publisher of third-party content accessed through the Services and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service.
You agree to comply with all applicable laws and regulations in connection with your use of the Services. You may not use our Services, or our Software or System, to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:
LatinVPN is intended for personal use only and VPN account details must not be shared. A user account / subscription can be used on a limited number of devices in a single household. The number of devices the customer can access the service from is defined on the Sign-Up page. The customer must not share their account details or attempt to access services provided by LatinVPN on more devices than permitted. Attempting to use LatinVPN’s services on more devices than permitted is considered an abuse and a violation of this agreement, and may result in service suspension with no refund.
LatinVPN respects the intellectual property rights of others and expects that you do the same. It is our policy to terminate in appropriate circumstances the accounts of subscribers who infringe the copyrights of others. You may not upload, download, post, publish, transmit, reproduce, or distribute in any way, files, material, information, software or other material obtained through the System that is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or other right holder. Additionally, you shall not upload, download, post, publish, reproduce, transmit or distribute in any way any component of the System itself or derivative works with respect thereto.
The Services and Software may be subject to export control restrictions of the United States, the European Union, Canada or other jurisdictions. By using the Services or downloading any Software from LatinVPN, you warrant that you are not located in any country, or exporting the Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Services any content, data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of these Terms.
These Terms shall be automatically renewed for successive one-month periods, until canceled by you or by LatinVPN. LatinVPN may deny or restrict your access to all or part of the System without notice in its reasonable discretion if it deems that you have engaged in any conduct or activities that LatinVPN in its reasonable discretion believes violates the letter or spirit of any of these Terms. If LatinVPN denies or restricts your access to the Services because of such a violation, you shall have no right to obtain any refund or credit for the subscriptions fees you have paid.
You acknowledge and agree that you are solely responsible for protecting your password and other personal information and for the consequences of not protecting these data. Access to the System, our Services, the Internet, and to certain online transactions involves the use of identification numbers, passwords, payment accounts or other individualized nonpublic information (“Private Documentation”). You shall use your best efforts to prevent unauthorized use of our Services, the System or of any Private Documentation, and shall promptly report to LatinVPN any suspected unauthorized use or other breach of security. You shall be responsible for any unauthorized use of your identification numbers or passwords until we receive written notice of a breach of security and a request to block further access for such numbers and passwords. LatinVPN shall not be liable for any unauthorized use of payment accounts. Account sharing (e.g. allowing others to use your account information to access the Services) is not permitted.
By using our Services, you affirm that you are at least 18 years of age, or otherwise over the age of majority in the jurisdiction in which you reside. You understand that the Internet may contain information which may be offensive, may be illegal in various jurisdictions or may be inappropriate for certain ages and that LatinVPN is not responsible for detection and removal of such information. In accordance with the Children’s Online Privacy Protection Act (COPPA) and associated rules, we do not knowingly collect or maintain any personal information from children under 13.
Actual service coverage, speeds, locations and quality may vary. LatinVPN will attempt to provide the Services at all times, except for limited periods for maintenance and repair. However, the Services may be subject to unavailability for a variety of factors beyond our control including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Services or communications services or networks. We may impose usage or Services limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users or the Services. The accuracy and timeliness of data received is not guaranteed.
YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. THE SITE, ALL SITE INFORMATION AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. LATINVPN DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. LATINVPN DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR SERVICE, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, LATINVPN’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
UNDER NO CIRCUMSTANCES WILL LATINVPN, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“LATINVPN PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, SITE OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, OUR SITE OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND SERVICES.
IF, NOTWITHSTANDING THE FOREGOING, ANY OF THE LATINVPN PARTIES IS FOUND TO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE, SERVICE, SOFTWARE OR ANY CONTENT THEREIN, THE LATINVPN PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID LATINVPN FOR YOUR USE OF THE SERVICE; AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.
SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, THE LATINVPN PARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold the LatinVPN Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or relating to any violation of these Terms by you; any content or material you submit or otherwise transmit through our System or Services; or your violation of any rights of another. LatinVPN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you. This Section shall survive termination of these Terms.
If you signed up for an automatically renewing subscription, at the end of each term your subscription will automatically renew and you will be automatically charged the then-current renewal price for the subscription. You may cancel autorenewal of your subscription any time by following the cancellation procedures set forth at soporte@LatinVPN.com.
You and we agree that all disputes and claims between you and us shall be settled by binding arbitration instead of in courts of general jurisdiction. This agreement to arbitrate is intended to be broadly interpreted and includes, but is not limited to, any dispute, claim or controversy arising out of or relating in any way to the Services, our software, our website, the Terms or any aspect of the relationship between you and us. You agree that, by agreeing to the Agreement, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration provision does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This arbitration provision shall survive termination of these Terms and the termination of your account.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to us should be addressed to: LatinVPN, ATTN: Legal Department, 11421 NW 39TH ST, FL 33178, USA (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled. You may download or copy a form Notice and a form to initiate arbitration at www.jams.com. If you are required to pay a filing fee, after we receive notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000.
The arbitration will be governed by the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Expedited Arbitration Procedures (collectively, “JAMS Rules”) of JAMS, as modified by the Terms, and will be administered by JAMS. JAMS Rules and Forms are available online at www.jamsadr.com. The arbitrator is bound by the Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless you and we agree otherwise, any arbitration hearings will take place by video or telephone conference. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of the Agreement.
We may make a written settlement offer anytime before an arbitrator is selected. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by JAMS Rules.
23.1. Entire Agreement. These Terms, along with any rules, guidelines, or policies published on the LatinVPN homepage constitute the entire agreement between LatinVPN and you with respect to your use of our Site Services. If there is any conflict between the Terms and any other rules or instructions posted on the Site or Services, the Terms shall control.
23.2. Amendments. No amendment to these Terms by you shall be effective unless acknowledged in writing by LatinVPN. Notwithstanding the foregoing, LatinVPN reserves the right, in its sole discretion, to modify these Terms or the policies referenced herein at any time as set forth above.
23.3. Jurisdiction and Venue. These Terms shall be governed by, and construed in accordance with, the laws of the state of Florida, without reference to its choice of law rules. Venue for any action arising out of or in connection with this agreement shall be in Miami-Miami-Dade County, Florida. The parties each hereby consent to the jurisdiction and venue in Miami-Dade County, Florida and waive any objections to such jurisdiction and venue.
23.4. Limited Time to Bring Claim. Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Site or Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred.
23.5. Severability. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect.
23.6. Assignment. You may not assign its rights or obligations under these Terms without the prior written consent of LatinVPN, which may be withheld in LatinVPN’s sole discretion.
23.7. Non-Waiver. LatinVPN’s failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
