Terms of Service

These Terms of Service (the “Terms”), along with the Privacy Policy (the “Privacy Policy”), govern the use of and access to the different services offered by Silent Pass Technologies (“Silent Pass,” “us,” “we,” or “our”), our website (the “Site”), applications (the “Apps,” including both the mobile and web versions), as well as all content (the “Content”) and software (the “Software”) associated with our services (collectively referred to as the “Services”).

By agreeing to these Terms, you are also agreeing to the Privacy Policy.

These Terms and the Privacy Policy (together, the “Agreement”) constitute a legally binding agreement between you and Silent Pass, so please read them carefully.

Acceptance

By using and/or accessing the Services, you become a “Subscriber.” As such, you (“you” or “Subscriber”) are agreeing on behalf of yourself or those you represent to comply with and to be legally bound by these Terms and the Privacy Policy in their entirety, including to be responsible for any charges arising from your use of the Services.

If you are accepting these Terms on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer or such entity to the Agreement; (ii) you have read and understand the Agreement; and (iii) you agree and consent to the Agreement on behalf of the party that you represent.

By creating an account for using our Services, you represent that you are at least eighteen (18) years of age, or at least the age of majority in the jurisdiction where you reside or from which you use the Services, or that you are a valid legal entity, and that the registration information you have provided is accurate and complete.

Some sections of these Terms or the Privacy Policy may not apply to your specific use of the Services. Thus, if you do not agree with any part of the Agreement applicable to you, you may not use our Services.

For the avoidance of doubt, the Agreement governs your access to and use of the Services through any means or channels, including any access or use in connection with routers or other products offered by Silent Pass (the “Hardware”).

Modification

Silent Pass may update these Terms from time to time without notice. Unless it is otherwise stated by us, each update of the Terms comes into force as of the moment the amended Terms are published on the Site. If you continue to use the Services after these changes take effect, then you agree and consent to the revised Terms. The current version of the Terms is available on the Site. You understand and agree that it is your obligation to review these Terms from time to time in order to stay informed on current rules and obligations. Notification on any material changes to the Terms will be provided to Subscribers through an email message sent to the email address you provided to us. We may also notify you of material changes through additional means, such as banners or pop-up messages posted on the Site and/or on your Account.

Privacy Policy

Silent Pass is committed to your privacy and does not collect or log browsing history, traffic destination, data content, DNS queries, or user-linked IP addresses from Subscribers connected to our Services. During your registration, we may collect some personal information, such as your name, email address, and payment information. We only collect such information as is strictly necessary for the proper delivery of the Services.

You can find detailed information related to data collection in the Privacy Policy. Please review each Privacy Policy in its entirety (if applicable to you) to get a clear understanding of how we handle your information, your rights, our rights, as well as our commitment to data protection.

Subscriptions

Our Services are available to you upon registering an account (the “Account”) on the Site or the Apps. A full list of subscription plans and pricing is available on the Site. Silent Pass reserves the right to amend subscription fees or institute new fees at any time upon reasonable advance notice. Any changes to the pricing will not affect the Subscriber’s current subscription period and will become effective upon subscription renewal. Some subscription purchases and refunds are handled via third-party payment companies and app platforms (e.g., the Apple App Store). To find out more about these third parties and how they process your data, please refer to our Privacy Policy.

When supported by your payment method, plans renew automatically by default at the completion of the billing term, until canceled. The subscription fee will be charged automatically to the payment method you last selected. If you would like to discontinue automatic renewal, visit My Account, select My Subscription, select edit Subscription, and then follow the prompts to Turn Off Automatic Renewal; contact us by email us at: support@silentpass.io

By default, auto-renewal is turned on when you use a payment method that supports auto-renewal (such as a credit card), and turned off when you use a payment method that does not support auto-renewal (such as SSP). When auto-renewal is off, you may continue to use the Services until the end of your current billing term, at which point your Services will be suspended until a manual renewal payment is made.

Each standard subscription grants you a license to use our VPN Service on up to 1 device at time; each Premium subscription grants you a license on up to 5 different devices at any given time.

You understand that it is your responsibility to keep your Account information confidential and secure. You are solely responsible for all activity on your Account. If you ever discover or suspect that someone has accessed your Account without your authorization, or that any of your passwords have been compromised (i.e., Account password, Dedicated IP access code, or Silent Pass Private Key and Recovery Seeds), you are advised to inform us immediately so that we can take appropriate action. Please refer to Section 5 for specific information about your Silent Pass Keys password and recovery code.

Silent Pass Account and Wallet

Silent Pass Wallet Authentication

By using Silent Pass, you are automatically assigned a blockchain-based wallet as your identity and access key to the VPN service. This wallet is generated locally on your device and protected by a private key or recovery phrase. You can use this wallet during any free trial period (if available), regardless of the subscription plan you choose.

Access to Silent Pass is entirely wallet-based. We strongly recommend that you securely back up your private key or recovery phrase, as this is the only way to restore your access. If you lose your wallet credentials, Silent Pass cannot recover it, as we do not store any user data or keys. All wallet and session data are encrypted, and no Silent Pass team member or service provider has access to your keys.

You can continue using your Silent Pass wallet independently, even if your VPN subscription ends. Your wallet and stored tokens will remain valid and under your control at all times.

Each subscription is tied to a single wallet address, regardless of the number of devices used to connect to the Silent Pass network.

Acceptable Use Policy

Our Services may be accessed from all around the world, so it is your responsibility to assess whether your use of the Services is in compliance with applicable laws and regulations.

Whenever you use the Services, you must comply with these Terms and applicable laws, regulations, and policies.

Silent Pass aims to provide the best service possible to all of our Subscribers. In that sense, we require that you do not misuse our Content or Services. A misuse refers to any use, access, or interference with the Content or Services contrary to the Terms or applicable laws and regulations.

In order to protect the Services from being misused or used to harm someone, Silent Pass reserves the right to take appropriate measures when our Services are being used contrary to these Terms and applicable laws.

License

Subject to your compliance with these Terms, Silent Pass grants to you a worldwide, non-exclusive, non-sublicensable, fully revocable, and limited license to download and use the Services. Modifying, distributing to unauthorized parties, reverse engineering, or otherwise using the Services in any way not expressly authorized by Silent Pass in these Terms is strictly prohibited.

Usage of any material that is subject to Silent Pass’s intellectual property rights is prohibited unless you have been provided with explicit written consent by Silent Pass. Nothing contained within or related to the Services or in these Terms shall be construed as granting, by implication or otherwise, any license or right to any of Silent Pass’s intellectual property rights.

Content, Language and Translation, and Social Interactions

Much of our Content is originally written in English. Any translation of our Content is done on a best-effort basis. We do not guarantee the accuracy of translated Content.

We may from time to time post Content regarding our Services or other topics we believe may be of interest to you on our Site, on social media, in online discussion forums, on blogs, or in other electronic channels. In some instances, Subscribers and non-subscribers may express their opinion about the Content and interact with one another. You are solely responsible for all information, content, opinions, or materials you post on such channels. Silent Pass has no obligation to monitor such discussions, but we may do so at our absolute discretion, and we may delete any content posted therein. Silent Pass makes no representation and disclaims all liability, to the fullest extent permitted under the applicable laws, with respect to the information, content, opinions, or materials posted on said channels by Subscribers or non-subscribers.

Third-Party Websites

Silent Pass may provide you with content belonging to or operated by third parties or links leading to third-party websites. Silent Pass is not responsible for the availability of the content provided by third parties as they are not under the control or supervision of Silent Pass, and they may have different terms of use and policies. Your access through our Services to any website, service, or content provided by third parties does not indicate any relationship between Silent Pass and such third parties.

Disclaimers and Changes to Services

We will strive to prevent interruptions to the Site or the Services. 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 the Services, or their suitability for any particular purpose. To the fullest extent permitted under the applicable laws, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability or 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, or that defects, if any, will be corrected. You acknowledge that you access the Site and/or the Services at your sole risk and discretion.

VPN service coverage, speeds, server locations, and quality may vary. Silent Pass will attempt to make the Services available at all times. However, the Services may be subject to unavailability for a variety of factors beyond our control, including but not limited to emergencies, third-party-service failures, transmission, equipment, or network problems or limitations, interference, or signal strength; and may be interrupted, refused, limited, or curtailed. We are not responsible for data, messages, or pages lost, not delivered, delayed, or misdirected because of interruptions or performance issues with the Services, communications services, or networks. We may impose usage or Service limits, suspend Services, terminate Accounts, or block certain kinds of usage at our sole discretion to protect Silent Pass, Subscribers, or the Services. The accuracy and timeliness of data received are not guaranteed; delays or omissions may occur.

We reserve the right to modify the Services, including by adding and removing features, as part of our ongoing commitment to update and improve the Services for all users. To the extent practicable, we will notify users in advance of any material changes to the Services.

Silent Pass reserves the right to investigate matters we consider to be violations of these Terms. We may, but are not obligated to, at our sole discretion and without notice, remove, block, filter, or restrict by any means any materials or information that we consider to be actual or potential violations of the restrictions set forth in these Terms, and any other activities that may subject Silent Pass or our customers to liability. These rights include the right to terminate your Account or take any other legal measure provided by law. Silent Pass disclaims any and all liability for any failure on our part to prevent such materials or information from being transmitted over the Services and/or into your computing device.

Limitations of Liability

To the maximum extent permitted by applicable law, Silent Pass shall not be liable and shall not have responsibility of any kind to any Subscriber or other individual for any loss or damage incurred in the event of:

• any failure or interruption of the Services;
• any act or omission of any third party involved in making the Services or the data contained therein available to you;
• any other cause relating to your access or use, or inability to access or use, any portion of the Site or its Content;
• your interactions on the Services or discussion forums provided by Silent Pass;
• your failure to comply with the Agreement;
• the cost of procurement of substitute goods or services; or
• unauthorized access to or alteration of your transmissions or data, whether or not the circumstances giving rise to such cause may have been within the control of Silent Pass or of any third-party vendor providing software, services, or support for the Site or Services.

In no event will Silent Pass, its partners, affiliates, subsidiaries, members, officers, or employees be liable for any direct, special, indirect, consequential, or incidental damages, or for any other loss or damages of any kind, even if they have been advised of the possibility thereof. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless Silent Pass, 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 Services, including but not limited to your violation of the Agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.

Chargebacks

We reserve the right to immediately suspend access to the Services, without prior notice, in the event we receive notice of a Chargeback (as defined below). Contacting your bank or credit / debit card provider and rejecting, canceling or contesting the charge of any fees payable in connection with your use of the Services (a “Chargeback”) will be considered a breach of your payment obligations under these Terms. We also reserve the right (although we are not obliged) to dispute any Chargeback received in connection with your Account. We may choose to delete your Account and take reasonable steps to restrict your future access to our Services if we believe at our sole discretion that you have maliciously requested a Chargeback.

Choice of Law

This Agreement shall be governed by and construed in accordance with the laws of the British Virgin Islands, excluding its rules governing conflicts of law.

Assignment

In the event that Silent Pass is acquired by, or merged with, a third-party entity, Silent Pass may, without your prior notice, assign the Agreement and its rights and obligations hereunder to a new corporate entity, who shall be bound by these same rights and obligations. The rights and obligations of the parties under the Agreement shall be binding upon and inure to the benefit of the successors and permitted assigns of the parties. Any assignment not in accordance with the Agreement shall be null and void.

Final Provisions

If any provision in the Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of the Agreement shall remain in full force and effect. Any failure to exercise or enforce any right or the provision of the Agreement shall not constitute a waiver of such right or provision, or be deemed to be a waiver of any subsequent breach or default.