Terms of Service

  1. Purpose
    1. These terms of service (hereinafter the “Terms of Service”) are entered into by ANON AF, represented by Mr David DANIEL whose registered office is at 62-64 boulevard Edgar Quinet, 75014 Paris, FRANCE and e-mail address is legal(at)anon[dot]af (hereinafter “ANON AF”), and the natural person or company who uses ANON AF service available on https://anon.af website (hereinafter the “User”).
    2. The purpose of these Terms of Service is to set forth the terms and conditions governing the provision by ANON AF and the access and use by User of ANON AF service (hereinafter the “Service”), available on ANON AF’s website (hereinafter the “Website”), whether through computers, mobile devices and any other devices which have access to the Internet.
    3. User must accept the Terms of Service before using the Service. If User is not willing to be bound by these Terms of Service, User shall not use the Service.
    4. User represents and warrants that he or she is at least 18 years old and that he or she has the legal right to accept the Terms of Service.
    5. The Terms of Service are available any time on the Website where they can be printed, downloaded and saved.

  2. Description of Service
    1. The Service is a “one click anonymous IP VPN”. It is a virtual private network (hereinafter “VPN”), i.e a network allowing User to use existing public networks (like Wi-Fi hotspots and the Internet) in a private and secure way, which is based on the Internet Protocol (hereinafter “IP”) of the User.
    2. Once User has made the payment in accordance with Article 5 of these Terms of Service (hereinafter the “Payment”), he or she will have (i) an OpenVPN certificate and a configuration file, and (ii) the option to choose a country-based location for his or her IP, from one of the available servers locations for a duration ranging from 24 hours to 365 days, depending on the paid duration. The User will then have to press the “connect” button to start using the Service (through the OpenVPN software, not included).
    3. Once User has made the Payment, User is entitled to unlimited use of the Service, subject to acceptable use as defined in Article 8 of these Terms and Conditions.

  3. Use of Service
    In order to use the Service, User must:
    1. (i) have access to the Internet. The costs and fees to access the Internet are to be borne by User;
    2. (ii) have the hardware devices required to access the Internet. User is sole responsible for obtaining and maintaining at User expense all necessary hardware, software, modems, and other items necessary to access the Internet.

  4. User’s information
    1. Use of the Service does not require the User to log in on the Website by creating an account or making a subscription.
    2. ANON AF is not an operator of electronic communications within the meaning of Article L. 32-15° of the French Post and Electronic Communications Code. However, in order to be able to respond to any judicial requisition, ANON AF will automatically record, for one year as from the last use of the Service by the User, the following information:
      1. (i) the User’s IP address;
      2. (ii) the identifier assigned by ANON AF to User;
      3. (iii) the start and end dates and times of the connection;
      4. (iv) the User’s e-mail address if it was provided (optional).
    3. For the same purpose, ANON AF will automatically record, for one year as from Payment of the Service by the User, the following information:
      1. (i) the Payment reference;
      2. (ii) the amount paid;
      3. (iii) the date and time of the transaction.

  5. Price and Payment conditions
    1. Prices for the Service are available on the Website. All prices for the Service are in euros, inclusive of tax.
    2. The prices for the Service can be revised by ANON AF. The revised prices are applicable as soon as they come into force to new Payments made to use the Service.
    3. The Service operates on a “pay as you go” basis, meaning that it is subscription-free and fully prepaid. User agrees to pay the Service at the prices in effect at the time of making the Payment for the Service. User will only be granted access to the Service upon full receipt of Payment.
    4. The Service will be payable only in Bitcoins. The Payment is carried out via the Bitcoin payment gateways displayed at the beginning of Payment process, which are external to ANON AF’s Website. To complete the Payment, User will be re-directed to the Bitcoin payment gateway he or she selects, where User will see the price in Bitcoin, based on an exchange rate set by the Bitcoin payment gateway. The Bitcoin price for the Payment will remain valid for 6 hours.
    5. User acknowledges that payments in Bitcoins are non-cancellable and non-refundable.
    6. ANON AF will issue an invoice (i) for each Payment with price greater than or equal to twenty-five euros (€25), inclusive of tax, (ii) and upon request of User for Payments with price less than twenty-five euros (€25), inclusive of tax. User agrees that his or her name will not appear on the invoice.

  6. Service duration
    1. User can use the Service for the duration ranging from 24 hours to 365 days chosen when making the Payment, unless (i) User stops using the Service by exercising his or her right of withdrawal in accordance with Article 7 of these Terms of Service or (ii) User or ANON AF terminates the use or access to the Service under Article 16 of these Terms of Service.

  7. Withdrawal – Waiver
    1. Pursuant to Article L. 221-18 of the French Consumer Code, User has a period of fourteen (14) days from the Terms of Service acceptation to exercise his or her right of withdrawal by filling out the form available on the Website.
    2. Due to the immediate implementation of Service, User agrees to have access to the Service before the end of this withdrawal period. When User exercises his or her right of withdrawal, User will be reimbursed from the price paid, less the amount corresponding to the service provided until the communication of User’s decision to withdraw, within fourteen (14) days from the date on which ANON AF is informed of the consumer's decision to withdraw.

  8. Acceptable use policy
    1. The Service is designed only to provide a private and secure use of existing public networks. User undertakes not to use the Service in a way that may result in a violation of any laws of any jurisdiction.
    2. In particular User shall not, without limitation:
      1. (i) send or transmit over the Service unauthorized or unsolicited advertisements or commercial content (i.e., “spam”);
      2. (ii) engage in any conduct that disable, overburden, impair, restricts or inhibits the use or enjoyment of the Service by any other User;
      3. (iii) impair, disturb or otherwise disrupt the Service or its servers;
      4. (iv) create, send, transmit, upload, download, post, reproduce, or distribute over the Service any content which infringes any intellectual property rights;
      5. (v) create, send, transmit, upload, download, post, reproduce, or distribute over the Service any content containing computer viruses, codes, files or programs designed to interrupt, destroy or limit the use of software, hardware, computers, networks or any computer system;
      6. (vi) attempt to access, probe, or connect over the Service to computer systems without proper authorization (i.e., any form of “hacking”) or to carry over the Service any activity that may damage, control or interfere any third party’s computer system and violate its integrity or security;
      7. (vii) collect, store, utilize or distribute any personal data relating to Users of the Service;
      8. (viii) use the Service to make the apology of crimes against humanity, promote or encourage racial hatred, child pornography, violence, torture, xenophobia, revisionism, harm to human dignity, harassment, illegal gambling activities, or libel or insult a third party, and more generally to infringe third-party rights in any way and under any form;
      9. (ix) use the Service to carry any criminal activity.
    3. In the event that User breaches this provision, ANON AF shall be entitled to suspend User’s access to the Service and/or terminate User’s access to the Service in accordance with Article 16 of these Terms of Service.

  9. User’s Non Infringement Warranty
    User agrees to indemnify and hold ANON AF and its officers, agents, employees, and partners harmless from any claim or demand made by any third party resulting from User’s negligence, breach of his or her obligations or fault.
    To that end, User agrees to indemnify them in full, including for attorneys' fees and any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgements, fines, litigation costs of every kind and nature. User also agrees to take part in discussions with plaintiffs and to bear the cost of all and any indemnities due by virtue of an amicable settlement.

  10. ANON AF Intellectual Property rights
    1. User acknowledges and agrees that the Service, Website, and structures, infrastructures, source codes, databases, know-how, methodologies, technologies, equipment, logo, graphics, user interfaces, visual interfaces, photographs, trademarks or any type of content used by ANON AF to provide the Service, including without limitation all patent, copyright, trade secret and other proprietary rights therein, are and shall remain the sole and exclusive property of ANON AF.
    2. ANON AF grants User a personal, non-exclusive, non-transferable, and non-sub-licensable license to access and use the Website and the Service, solely for the terms of the Terms of Service and for the duration of the Service.
    3. All rights not expressly granted to User by the Terms of Service are reserved by ANON AF. User shall especially not copy, duplicate, translate, decompile, unless it is made for interoperability purposes, decode, disassemble, reverse-engineer, distribute, export and more generally reproduce, represent or adapt all or part of the Service.

  11. Modification
    1. ANON AF reserves the right to modify, at any time, all or part of the Terms of Service and/or the Service.
      In this case, User will be notified as soon as he or she accesses the Service after the modification, by a notification inviting User to visit the Website in order to take note of this modification.
      If User does not agree with such modification, User may terminate his or her use of the Service pursuant to Article 16 of the Terms of Service.
    2. User acknowledges that ANON AF may modify the Service to take into account technical evolution.

  12. Limitation of liability
    1. As stated in Article 4 of these Terms of Service, ANON AF is not an operator of electronic communications within the meaning of Article L. 32-15° of the same Code. Therefore, ANON AF shall not be liable for any connection issues.
    2. To the fullest extend permissible by applicable law, ANON AF has only an obligation to use all reasonable means (obligation de moyens) to provide the Service.
    3. ANON AF shall not be liable where its servers are unavailable due to a force majeure event, or disruptions to the telecommunications network.
    4. In addition, ANON AF shall not be liable in case of a litigation and/or of any controversy between Users of the Service.
    5. ANON AF provides the Service on an “as is” basis with no express or implicit guarantee of any sort. ANON AF does not guarantee, represent nor warrant (i) that the Service will be totally free from non-substantial errors, defects and faults and uninterrupted, and (ii) that the Service will specifically meet User needs and expectations.
    6. The Service being accessible worldwide, it is the User's responsibility to assess whether using the Service is in compliance with local laws and regulations.

  13. Claims
    User may contact ANON AF in case of any claim regarding the Service by sending an email containing his or her claims to the following email address: legal(at)anon[dot]af. ANON AF will try to respond within a reasonable time frame.

  14. Links to third-party website
    1. Users may submit some links to third-party website or services. ANON AF shall not be liable with regard to any third-party website or service to which User may have gained access via the Website. Especially ANON AF is not responsible for the contents of any linked website, any link contained in a linked website, or any changes or updates to such websites.
    2. ANON AF makes no representation, warranty or endorsement whatsoever about any other website which User may access through the Website.

  15. Privacy policy
    1. Personal data communicated by User to ANON AF pursuant to Article 4 of these Terms of Service are collected in compliance with the provisions of the French Act 78-17 of 6 January 1978 “Informatique et Libertés” and, as from 25 May 2018, Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter the “GDPR”).
    2. User’s personal data are collected for the purpose to (i) allow and provide access to the Service, (ii) provide User support, and (iii) respond to any judicial requisition. Failure to provide data identified as mandatory shall deprive User from the right to access the Service.
    3. User’s personal data are disclosed exclusively to the authorized services of ANON AF and in particular the persons in charge of User support and IT management.
    4. User’s personal data will be stored for the periods stated in Article 4 of these Terms of Service.
    5. User has the right to request from ANON AF access to, rectification, erasure or portability of his or her personal data as well as restriction of processing of these data.
    6. User is informed that he or she can lodge a complaint with the French Data Protection Authority (the “CNIL”) if User considers that ANON AF processes his or her personal data in violation of the GDPR.
    7. User can exercise these rights by e-mail at the following address: legal (at) anon [dot] af.

  16. Termination
    1. If User does not agree with modification decided by ANON AF in accordance with Article 11 of these Terms of Service, User may terminate his or her use of the Service via an email request to the address legal (at) anon [dot] af, at least seven (7) days before entry into force of modification. Such termination will take effect no later than the date modifications enter into force.
    2. Any breach by User of Articles 8 and 10 of these Terms of Service or of any legal applicable provisions shall entitle ANON AF to suspend User’s access to the Service and/or terminate User’s access to the Service, by operation of law and without prior formal notice, without prejudice of the indemnification ANON AF may be entitled to claim for the damages caused by User's breach and without prejudice to any other consequences, rights and remedies that may arise in application of these Terms of Service.

  17. Force majeure
    In the event that a case of force majeure event as defined by French law and case law prevents ANON AF or User from carrying out their obligations, the obligations of ANON AF and User under the Terms of Service are mutually suspended for as long as the force majeure event lasts. If a case of force majeure prevents the concerned party from carrying out its obligations for a period in excess of sixty (60) consecutive calendar days, the party which obligation are not affected by the case of force majeure is entitled to terminate the Service without notice.

  18. Miscellaneous
    1. No omission to exercise or delay any right, power or remedy provided by law or under the Terms of Service by any ANON AF or User shall constitute a waiver of such or any right, power or remedy or remedy or impair such right, power or remedy.
    2. User shall not assign, sub-license or sub-contract the Terms of Service or any right under the Terms of Service to a third party except with ANON AF’s prior written consent.
    3. Each of the provisions of the Terms of Service is severable. If any such provision or any part of such provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, provided such provision or part of such provision is not essential, the legality, validity or enforceability in that jurisdiction of the remaining provisions of the Terms of Service or the remaining parts of that provision shall not in any way be affected or impaired thereby.
    4. The Terms of Service constitute the whole agreement between ANON AF and User.

  19. Applicable law and jurisdiction
    1. The Terms of Service shall in all respect be governed by the laws of France, whatever the country of residence of User, without regard to conflict of law provisions.
    2. To the fullest extend permissible by applicable law, any dispute, claim arising from or related to the Terms of Service shall be submitted to the exclusive jurisdiction of the competent courts located in Paris, France.
    3. Pursuant to Article L. 211-3 of the French Consumer Code, User is informed that User may have cost-free recourse to a consumer mediator in case of dispute. The contact details of the relevant consumer mediator for ANON AF are as follows: https://www.mediation-telecom.org/saisir-le-mediateur.