Terms of Service

1. Acceptance of these Terms

These Terms of Service (the "Terms") form a binding agreement between you ("you", "your", the "User") and Kuipers Libertas BV ("SecureFox", "we", "us", "our") governing your access to and use of the SecureFox virtual private network service, the SecureFox apps, the website at securefox.xyz, the dashboard, and any related features (collectively, the "Service").

You accept these Terms by clicking Accept, by creating an account, by installing or using a SecureFox app, by paying for a subscription, or by otherwise accessing the Service. If you do not agree, do not use the Service.

If you accept these Terms on behalf of an organisation, you represent that you have authority to bind that organisation, and references to "you" include both you personally and that organisation.

2. Definitions

• "Account" means the user account you create to access the Service.
• "App" means the SecureFox client application for iOS, Android, macOS, Windows, or any other platform we publish.
• "Content" means the software, text, graphics, designs, and any other materials that make up the Service.
• "Subscription" means a paid plan that grants extended quotas, additional regions, additional devices, or premium features.
• "Free Tier" means the no-charge access level that includes a limited data allowance and a limited set of regions.
• "Acceptable Use Policy" or "AUP" means Section 10 below.
• "Privacy Policy" means the document at securefox.xyz/privacy, which is incorporated into these Terms by reference.

3. Eligibility

You may use the Service only if you are at least 13 years old (or the higher minimum age required by your jurisdiction — for example, 16 in some EU Member States). If you are under the age of majority where you live, you may use the Service only with the involvement of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

You may not use the Service if you are barred from receiving it under the laws of the Netherlands or any other applicable jurisdiction, including export-control and sanctions regimes described in Section 23.

4. Description of the Service

SecureFox is an encrypted virtual private network. The App establishes a TLS-protected tunnel from your device to one of our exit nodes, which then forwards your traffic to the destination on the public internet. The exit node's IP address replaces yours from the destination's perspective.

We use the Xray-core software with VLESS + REALITY transport, and where supported we negotiate post-quantum key exchange (ML-KEM-768) and signatures (ML-DSA-65) in addition to classical algorithms. The set of available regions, protocols, and features evolves over time and is shown in the App.

5. Account registration and security

To use most features of the Service you must create an Account using a valid email address. You may sign in using a magic link, a password, an OAuth identity provider we support, or a passkey.

You are responsible for:

• providing accurate and current information at registration and keeping it up to date;
• safeguarding your sign-in credentials (passwords, recovery codes, passkeys, second factors) and not sharing them with anyone;
• any activity that occurs under your Account, whether or not authorised by you, unless you have notified us of compromise promptly enough that we could have prevented the activity;
• respecting the device limit of your plan — sharing your Account beyond that limit is a material breach of these Terms;
• notifying us promptly at support@securefox.xyz if you suspect your Account has been compromised.

6. Subscriptions, trials, and the Free Tier

Free Tier. We may, but are not required to, offer a Free Tier with limited data, limited regions, or limited features. We may modify or discontinue the Free Tier at any time without notice; if we do so for an Account that has not paid for a Subscription, the Service may become unavailable to that Account.

Trials. From time to time we may offer a free trial of a Subscription. The terms of the trial — including its duration, whether a payment method is required to start it, and whether it converts automatically to a paid Subscription at the end — will be disclosed at the point of offer. Where required by law, we will inform you at least 7 days before a trial converts to a paid plan.

Subscription tiers. The current Subscription tiers, their prices, included quotas, device limits, and renewal intervals are shown in the App and on the pricing page. We may change pricing for future renewal periods on at least 30 days' notice; price changes do not affect the period you have already paid for.

7. Billing and payment

Subscriptions are billed through one of the following channels, depending on where you purchased the Subscription:

• Apple App Store — for purchases made through the iOS or macOS App. Billing is handled by Apple under the Apple Media Services Terms and Conditions.
• Google Play — for purchases made through the Android App. Billing is handled by Google under the Google Play Terms of Service.
• Stripe — for direct web purchases via card. Billing is handled by Stripe.
• Coingate — for direct web purchases via cryptocurrency. Billing is handled by Coingate.
• Xendit — for regional payment corridors in Indonesia (bank transfer, e-wallet, QRIS, virtual account) and select other markets.

Prices are shown inclusive or exclusive of applicable tax depending on your billing country. You are responsible for any tax that is your obligation by law and that is not collected at checkout.

If a payment fails, we will retry through the original payment channel. If retries fail, your Subscription may downgrade to the Free Tier or be suspended until payment is resolved.

8. Auto-renewal and cancellation

Unless otherwise stated at the point of sale, Subscriptions renew automatically at the end of each billing period at the then-current price for the renewal term. We will charge the payment method on file (or through the store of record) at the start of each renewal period.

How to cancel. You may cancel a Subscription at any time, with effect at the end of the current paid period:

• Apple App Store purchases — through your Apple ID Subscription settings. See Apple's instructions.
• Google Play purchases — through your Google Play account. See Google's instructions.
• Web purchases (Stripe, Coingate, Xendit) — from the Billing section of the dashboard or by writing to support@securefox.xyz.

Cancellation takes effect at the end of the current billing period. You will continue to have access to paid features until that date, and you will not be charged again unless you re-subscribe.

9. Refunds and the EU right of withdrawal

Store-purchased Subscriptions. Refunds for purchases made through the Apple App Store or Google Play are administered by Apple or Google under their respective refund policies. We can confirm whether a request was granted but we cannot issue, override, or expedite a store refund.

Web purchases — EU/UK 14-day right of withdrawal. If you reside in the European Union or the United Kingdom and purchase a Subscription directly through our web checkout, you have a right to withdraw from the purchase within 14 days of payment, without reason. To exercise the right, write to support@securefox.xyz before the 14-day period expires; we will refund the full amount within 14 days of receiving your withdrawal.

By starting to use the Service during the withdrawal period you expressly request immediate performance and acknowledge that, in line with Article 16(m) of Directive 2011/83/EU, your right of withdrawal may be lost once the digital content is supplied; we nevertheless honour the 14-day refund for first-time subscribers who have used the Service only minimally.

Indonesia. For purchases by Indonesian users through Xendit or our direct web checkout, we honour a 14-day refund for first-time subscribers who request it before substantial use of paid features.

No partial-period refunds. We do not refund the unused portion of a billing period when you cancel mid-cycle, except where required by mandatory consumer law.

10. Acceptable Use Policy

The Service is offered for lawful, personal, and reasonable use. By using the Service you agree not to abuse the network, our infrastructure, our staff, or the third parties whose services are reached through our exit nodes.

We expect that the overwhelming majority of users will never come close to the limits of acceptable use. The list in Section 11 exists because a small number of abusers can degrade the experience for everyone, and we need clear ground rules to act against them.

11. Prohibited activities

You may not use, attempt to use, or encourage anyone else to use the Service to do any of the following:

• Distribute malware, ransomware, worms, viruses, spyware, or other malicious software, or operate command-and-control infrastructure or botnets.
• Send unsolicited bulk electronic messages (spam) or unsolicited commercial messages, in violation of Indonesia's UU 11/2008 (ITE Law), the EU ePrivacy Directive, the US CAN-SPAM Act, or any other applicable anti-spam law.
• Conduct unauthorised network scanning, brute-force attacks, password spraying, credential stuffing, denial-of-service attacks, or any other intrusive activity against systems you do not own and are not explicitly authorised to test.
• Distribute, store, transmit, request, or download child sexual abuse material (CSAM). Reports of CSAM will be forwarded to the U.S. National Center for Missing & Exploited Children (NCMEC), to INTERPOL, or to the appropriate national authority. Accounts implicated in CSAM are terminated immediately and permanently, without refund.
• Infringe intellectual property rights, including by uploading, downloading, streaming, hosting, or distributing copyrighted material you do not have the right to use, in volumes that materially impact our infrastructure or that draw repeated rights-holder complaints.
• Engage in financial fraud, identity theft, market manipulation, or money laundering, or use the Service to facilitate transactions that violate anti-money-laundering or sanctions law.
• Harass, threaten, defame, stalk, dox, or incite violence against any person or group, or coordinate harassment campaigns through the Service.
• Circumvent the technical or contractual limitations of the Service, including by sharing your Account beyond the device limit of your plan, reselling access without our written authorisation, scraping our website at a volume that constitutes denial-of-service, or attempting to reverse-engineer the Service except to the extent the law permits notwithstanding contractual restrictions.
• Violate the laws of your jurisdiction or the jurisdiction of the exit node you are connected through.
• Use the Service in a way that materially degrades the experience of other users, including by saturating a single node with sustained extreme bandwidth that crowds out other users.

Consequences. We may, at our discretion and proportionate to the severity and recurrence of the breach, issue a warning, throttle, suspend, or terminate your Account, with or without notice. We may report breaches to the appropriate authorities. We may retain logs of admin actions taken in response to abuse for our own legal protection.

12. Intellectual property

The Service and all related software, text, graphics, designs, logos, and other materials (excluding open-source components governed by their own licences) are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws. We grant you a personal, non-exclusive, non-transferable, revocable licence to use the Apps in accordance with these Terms for the term of your Subscription (or, for the Free Tier, while your Account is active).

Open-source components are listed inside the App under About → Open-source licences. Each component is provided under the licence stated there, and nothing in these Terms restricts your rights under those licences.

Trademarks. SecureFox and the SecureFox marks are trademarks of Kuipers Libertas BV. You may not use them without our prior written consent except in factual reference to the Service.

13. User feedback

If you send us suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free, sub-licensable licence to use that feedback for any purpose, including to improve the Service, without obligation of compensation or attribution to you. You represent that you have the right to grant this licence and that the feedback does not infringe any third party's rights.

14. Privacy

Our Privacy Policy describes how we collect, use, retain, and protect personal data. The Privacy Policy is incorporated into these Terms by reference. By accepting these Terms you acknowledge that you have read the Privacy Policy.

15. Third-party services

The Service interoperates with third-party services that have their own terms — payment processors (Apple, Google, Stripe, Coingate, Xendit), the Apple App Store, the Google Play Store, your operating system's networking stack, the destinations you connect to through the tunnel, and others.

Your use of any third-party service is governed by that service's terms. We are not responsible for third-party services and do not endorse them. Where third-party terms conflict with these Terms in respect of the third-party service itself, the third-party terms prevail for that service.

16. Service modifications and availability

We strive to offer high availability, but we do not provide a uptime service-level agreement on our consumer plans. Specific exit nodes may be added, removed, or relocated at any time. We may modify, suspend, or discontinue any feature of the Service at any time, with or without notice.

Where we discontinue a paid feature for which you have an active Subscription, we will, at our discretion and proportionate to the impact, either provide a substantially equivalent replacement or refund the unused portion of the affected fees.

Maintenance. We perform scheduled maintenance during low-traffic windows where possible. We are not liable for short interruptions caused by such maintenance.

17. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, including any warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, or uninterrupted operation, to the maximum extent permitted by applicable law.

We do not warrant that the Service will be uninterrupted, secure, or error-free; that it will work on every network; that every exit IP will be accepted by every third-party service (some destinations block all VPN traffic); or that any specific result will be obtained from your use of the Service.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the disclaimers above apply to the fullest extent permitted by law and our liability is limited to the greatest extent permitted by law.

18. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, in no event shall we, our affiliates, our officers, directors, employees, agents, or licensors be liable for:

• any indirect, incidental, special, consequential, exemplary, or punitive damages;
• any loss of profits, revenue, goodwill, data, use, or business opportunity, whether or not foreseeable;
• any damages arising out of or in connection with your access to, use of, or inability to use the Service, the conduct of any third party on the Service, or any content obtained through the Service;
• any damages arising from any unauthorised access to or use of our servers or the personal data stored therein, beyond what is required to be paid under mandatory law.

Cap on aggregate liability. Our aggregate liability arising out of or relating to these Terms or the Service, regardless of the form of action, is capped at the greater of (a) the fees you actually paid to us in the twelve (12) months preceding the event giving rise to the claim, or (b) USD 100.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions the limitations above apply to the fullest extent permitted by law, and nothing in these Terms limits liability that cannot be limited as a matter of law, including liability for fraud, gross negligence, or wilful misconduct.

19. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless SecureFox and its affiliates from and against any third-party claim, demand, action, loss, liability, damage, cost, or expense (including reasonable legal fees) arising out of or in connection with: (a) your breach of these Terms or the AUP; (b) your violation of any law or third-party right; (c) your use of the Service in a manner not authorised by these Terms; or (d) content you transmit through the Service.

We may, at our option, assume the defence and control of any matter for which you owe indemnification, in which case you will cooperate with us at our reasonable request.

20. Term and termination

These Terms are effective on the date you first accept them and remain in effect until terminated.

You may terminate at any time by cancelling all active Subscriptions and deleting your Account from the App under Account → Privacy → Delete account, or by writing to support@securefox.xyz.

We may terminate or suspend your Account or restrict your use of the Service, with or without notice and with or without refund where the breach is material:

• for breach of these Terms, the AUP, or any incorporated policy;
• if we are required by law or by a competent authority to do so;
• if we reasonably believe that continued use of your Account presents a security or legal risk to us, to you, or to other users;
• if you do not pay fees when due and the failure is not cured within a reasonable cure period;
• if your Account is inactive (no sign-in and no paid Subscription) for more than 24 consecutive months — we will email you 30 days before deletion.

Effect of termination. On termination, your right to access the Service ceases, your Account record is scheduled for deletion in line with Section 10 of the Privacy Policy, and any provisions of these Terms that by their nature should survive termination (including Sections 12, 14, 17–19, 21–25) will survive.

21. Dispute resolution

Informal resolution first. Before commencing any formal proceeding, please contact us at legal@securefox.xyz describing the dispute and the relief you seek. We will attempt to resolve the dispute informally within 60 days of receipt.

Forum. If the dispute cannot be resolved informally, it will be resolved in accordance with Section 22 (Governing Law and Venue). For consumer users in jurisdictions whose law confers a right to bring proceedings in the consumer's place of residence, nothing in these Terms removes that right.

Class-action waiver. Where enforceable under the governing law, you agree to bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Where this waiver is not enforceable under the law applicable to a particular dispute, it does not apply to that dispute, and the remainder of these Terms remains in effect.

Time limitation. To the extent permitted by law, any claim arising out of or related to the Service must be commenced within one (1) year after the cause of action arose; otherwise it is permanently barred.

22. Governing law and venue

These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of the Netherlands, without regard to their conflict-of-laws principles.

Subject to Section 21, the Rechtbank Midden-Nederland (District Court of Midden-Nederland), the Netherlands, has exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms, except that we retain the right to bring proceedings against you for breach of these Terms in any court of competent jurisdiction where you reside or carry on business.

Consumer protections. If you are a consumer resident in a jurisdiction whose mandatory law confers protections that cannot be derogated from by contract (including the EU/UK consumer-protection regime), those protections continue to apply notwithstanding the choice of law above, and the foregoing forum selection does not deprive you of the protection of any mandatory rule of the law of your country of residence.

23. Export controls and sanctions

The Service may be subject to export controls and sanctions laws of the Netherlands, the United States, the European Union, the United Kingdom, and other jurisdictions. You represent and warrant that you are not located in, ordinarily resident in, or organised under the laws of any country or region that is the subject of comprehensive sanctions, and that you are not on any restricted-party list of any applicable government.

You will not use, export, re-export, transfer, or release the Service in violation of any applicable export-control or sanctions law.

SecureFox does not offer, sell, or make the Service available to any person located in, ordinarily resident in, or accessing the Service from Cuba, Iran, North Korea, Syria, or the Crimea, Donetsk, and Luhansk regions of Ukraine (the “Restricted Jurisdictions”). We do not accept payment originating from a Restricted Jurisdiction and may refuse, suspend, or reverse any transaction connected to one. By purchasing or using the Service, you represent and warrant that you are not located in, ordinarily resident in, or purchasing on behalf of any person in a Restricted Jurisdiction.

24. Force majeure

We are not liable for any failure or delay in performance of the Service caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil disturbance, government action, internet or network outages, third-party infrastructure failure, labour disputes, cybersecurity incidents not caused by our negligence, or epidemic. Where such an event continues for more than 30 consecutive days affecting your use of paid features, you may terminate your Subscription and we will refund the unused, unaffected portion of the fees.

25. Miscellaneous

Entire agreement

These Terms, together with the Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and us regarding the Service and supersede any prior agreement on the same subject.

Severability

If any provision of these Terms is held unenforceable, the unenforceable part will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

No waiver

Our failure to enforce any right or provision is not a waiver of that right or provision. A waiver is effective only if in writing and signed by us.

Assignment

You may not assign these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganisation, or sale of assets, on notice to you.

Notices

We may give notices via the email address registered to your Account, the in-app notifications inbox, or by posting to securefox.xyz. You consent to receive notices electronically. Notices to us must be sent to legal@securefox.xyz with a copy to the registered office address in Section 28.

Relationship of the parties

Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship between you and us.

Headings

Section headings are for convenience only and do not affect interpretation.

Language

These Terms are concluded in the English language. Translations are provided for convenience only and the English version governs in case of conflict, as further set out at the top of this document.

26. Additional terms for Apple App Store users

The following provisions apply when you obtain the App through the Apple App Store. They are required by Apple's Schedule to the Paid Applications Agreement and are between you and us; Apple is not a party to these Terms.

• These Terms are concluded between you and us only, not with Apple. We — not Apple — are solely responsible for the App and its content.
• The licence to use the App granted in Section 12 is limited to a non-transferable licence to use the App on any Apple-branded products that you own or control as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Apple has no obligation to provide maintenance or support services for the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App; to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.
• We — not Apple — are responsible for addressing any of your claims relating to the App or your use of the App, including product-liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer-protection law, and intellectual-property claims.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, on your acceptance, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

27. Additional terms for Google Play users

If you downloaded the App from the Google Play Store, you also agree to the Google Play Terms of Service, which form part of the relationship between you and Google. Your use of in-app purchases is subject to the Google Play Payments policy. We are not affiliated with Google, and Google is not a party to these Terms.

28. Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms at securefox.xyz/terms with a new Last updated date and, for material changes, give at least 30 days' notice by email and in the in-app notifications inbox before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not accept the updated Terms, you must stop using the Service before they take effect; you may also terminate your Subscription with a pro-rated refund of any pre-paid fees for the period after the effective date.

29. How to contact us

Kuipers Libertas BV — a private limited liability company (besloten vennootschap) incorporated under the laws of the Netherlands, registered with the Dutch Chamber of Commerce (KvK) under number 12055775, with its registered address at PO Box 2162, 1200 CD Hilversum, the Netherlands. In this document, "SecureFox", "we", "us", or "our" refers to Kuipers Libertas BV, the operator of the SecureFox VPN service.

General inquiries: hello@securefox.xyz · Support: support@securefox.xyz · Privacy & data rights: privacy@securefox.xyz · Legal notices: legal@securefox.xyz