Terms of Service

1. Acceptance of Terms and Eligibility

By accessing or using WhizWind VPN, you agree to comply with and be bound by these Terms of Service. If you do not agree with any part of these terms, you must not use our services. You must be at least 18 years of age (or the age of legal majority in your jurisdiction) to create an account and use our services.

2. Intellectual Property Rights

All source code, software, text, graphics, logos, and other materials (the "Content") related to WhizWind VPN are owned by or licensed to WhizWind LLC and are protected by copyright, trademark, and other intellectual property laws. We grant you a limited, revocable, non-exclusive, and non-transferable license to use the WhizWind VPN app and website for personal, non-commercial purposes only. You may not modify, reverse engineer, decompile, or create derivative works based on our software.

If you access the Service via a mobile application, you agree to comply with the terms of the third-party application store (such as the Apple App Store or Google Play) from which you downloaded the app.

3. Account Binding & Access

WhizWind VPN allows you to use our services across different platforms. Users can optionally bind their own email accounts for cross-device access. Choosing to bind an email ensures your subscription and preferences are synced securely. You are responsible for maintaining the confidentiality of your account credentials. Your account is for your personal use only. You may not share, rent, lend, or sell your account credentials or subscription access to any third party.

4. Acceptable Use Policy

You agree not to use WhizWind VPN for any unlawful, illicit, or prohibited activities. This includes, but is not limited to:

• Distributing malware, viruses, or any malicious code.
• Engaging in copyright infringement or piracy.
• Attempting to hack, disrupt, or compromise our servers or networks.
• Transmitting illegal, abusive, or harassing content.
• Speed Testing & Automation: Running continuous speed tests, automated scripts, scrapers, or bots that consume excessive bandwidth and degrade server performance for other users.
• BitTorrent & P2P: Engaging in excessive or prohibited peer-to-peer (P2P) file sharing or BitTorrent downloads on non-designated servers.
• Local Law Violations: Any actions or behaviors that are prohibited or illegal under the laws of your local jurisdiction or the jurisdiction of the server you are connected to.

Violation of this policy may result in immediate termination of your access without a refund.

5. Subscriptions, Billing, and Cancellation

WhizWind VPN offers premium subscription plans. Subscriptions automatically renew unless canceled prior to the end of the current billing cycle. You can cancel your subscription at any time through the platform where you made the purchase (e.g., Apple App Store or Google Play Store). Cancellation will take effect at the end of the current paid term. Because transactions are processed by third-party app stores, any refund requests must be directed to them and are subject to their respective refund policies.

6. Analytics, Crash Reports and Storage

By using our website and applications, you acknowledge and agree that WhizWind VPN may collect aggregated, anonymous UI interaction metrics and crash reports entirely in-house (we do not use any third-party SDKs for this). We also securely encrypt and store minimal operational data (such as anonymous accounts, transaction IDs, and optionally linked emails) on Google Cloud servers located in the United States. This data is strictly used for troubleshooting, service improvement, and preventing abuse, and is never shared, sold, or disclosed to third parties.

7. Disclaimer of Warranties

• We strive to prevent interruptions to the Site and the Service. However, 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.
• Actual service coverage, speeds, locations and quality may vary. The Service will attempt to be available at all times except for limited periods for maintenance and repair. However the Service 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, refused, limited or curtailed.
• We do not make any warranty that the Service will meet your requirements, or that it will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. You acknowledge that you access the Site and the Service at your own discretion and risk.
• We are 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 (e.g., T-1 lines or the Internet). We may impose usage or Service limits, suspend Service, or block certain kinds of usage in our sole discretion to protect users or the Service. Network speed is an estimate and is no indication of the speed at which your or the Service sends or receives data. Actual network speed will vary based on configuration, compression, network congestion and other factors. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
• We do not log any user activity (sites visited, DNS lookups, emails, original IP addresses etc.) through the VPN tunnel. The only VPN-related metric we track is anonymous total bandwidth volume (bytes sent/received) for UI display. We do not get involved in any form of censorship. We absolutely do not share, sell, or disclose your personal info or operational data to any third parties.

8. Limitation of Liability

In no event will WhizWind LLC, its directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the service, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the three (3) month period prior to any cause of action arising.

9. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the service; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights.

10. Term and Termination

These Terms of Service shall remain in full force and effect while you use the Service. We may, without notice or liability, deny access to and use of the Service, or terminate your account, for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms.

11. Copyright Infringement (DMCA)

We respect the intellectual property rights of others. If you believe that any material available on or through our Service infringes upon any copyright you own or control, please immediately notify us using the contact information provided below. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a notification.

12. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

13. Changes to Terms

We reserve the right to modify these Terms of Service at any time. We will notify users of any significant changes. Your continued use of the service following such changes constitutes your acceptance of the new terms.

14. Governing Law and Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Wyoming, USA, without regard to its conflict of law principles. Any dispute arising from or relating to the use of WhizWind VPN shall be resolved exclusively in the state or federal courts located in Wyoming, and you consent to the personal jurisdiction of such courts.

15. Contact Us

If you have any questions regarding these Terms of Service, please contact our legal and support team at: