Terms of Service
By using the naishothai.com website, official NAISHO VPN chatbots and making use of a NAISHO VPN Account (the “Account”) and all its related features, including NAISHO VPN (the “Services”) operated by Scoopydoo LLC, you agree to be bound by the following terms of service (the “Terms”). These Terms cover all present and future features provided by your Account. The Services are operated by Scoopydoo LLC (“We”, the “Company”), a US company located at 30 N Gould St Ste N, Sheridan, Wyoming. Use of your Account or the Services includes registering an Account, keeping an Account open (not deleted by you or not deleted or deactivated by NAISHO VPN), or accessing our website or mobile/desktop applications, or making use of our services. Please read these Terms carefully before you use your Account or the Services. By using your Account or the Services, you are agreeing to be bound by these Terms. You may not use your Account or the Services if you do not agree to these Terms. These Terms apply every time you use your Account or the Services.
If you agree to these Terms on behalf of a company or another legal entity, you represent that you have the authority to bind such entity, its affiliates, and all users who access the Services through your Account to these Terms. In the absence of such an authority, you are not authorized to use the Services.
1. Users of the Services
The Services are provided exclusively to individuals who are at least 18 years of age.
The Services are provided exclusively to persons or legal entities. Accounts registered by “bots” or automated methods are not authorized and will be terminated.
Each user is solely responsible for all actions performed through the Services.
2. Authorized use of the Services
You agree not to use your Account or the Services for any illegal or prohibited activities. Unauthorized activities include, but are not limited to:
The Company may also terminate Accounts which are being used for illegal activities that are not listed above, particularly in response to orders from the competent authorities informing of such illegal activity.
We reserve the right to limit service capacity for free Accounts whose use of resources (e.g. bandwidth) is excessive and hurts the user experiences of other users in an unfair way.
3. Inactive Accounts
The Company reserves the right to suspend or delete Accounts that have been inactive for a consecutive period of 12 months after their subscription end date and/or part or all of their associated data and content according to this section.
If you have been inactive on your Account for a consecutive period of 12 months or more after your subscription end date, access to your Account and all or part of the data associated with your Account (including but not limited to credentials, saved payment methods and invoices) may be deleted. You will receive notice 7 days in advance before such action is taken.
You are considered active by activating any free or paid subscription at least once in a period of 12 months.
If you are subject to insurmountable circumstances that won't allow you to stay active on your Account in a period of 12 months, please contact our Customer Support so that they can prevent deletion under this section.
4. Limited warranties and liability
The Company does not make any warranty about the reliability of the Services or the security of user data, despite best efforts. The Service is provided “as is” and “as available,” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, accuracy, non-infringement, or warranties that may arise from course of dealing or course of performance or usage of trade.
The Company has no obligation to store or forward the contents of terminated Accounts. Furthermore, you will not hold the Company liable or seek indemnification if confidential material is unintentionally released as the result of a security failure or vulnerability in the performance of the Services or if data is deleted for an inactive account (see section 3). Due to the encrypted nature of the Services, you acknowledge that the Company has no ability or obligation to recover your data if you misplace your password.
To the extent not prohibited by law, you acknowledge and agree that in no event will the Company be responsible or liable to you or any third party, under any theory of responsibility or liability, for any indirect, special, exemplary, incidental, consequential, or punitive damages (including, but not limited to, procurement of substitute goods or services; loss of data, use, or profits; business interruptions; or any other damages or losses), for any multiplier on or increase to damages, or for any costs or fees (including attorneys’ fees), whether under these Terms or otherwise, arising in any way in connection with your Account, the Services, or these Terms, whether arising at law, in equity, or otherwise, and whether based in contract, strict liability, tort (including negligence or otherwise), common law, statute, equity, or otherwise, even if we have been advised of the possibility of such damage, or for any other claim, demand, or damages whatsoever, arising out of or related to your use or inability to use your Account or the Services.
Without limitation of the foregoing, and to the extent not prohibited by law, the total liability of the Company’s parties for any reason whatsoever arising out of or related to the use of, or inability to use, your Account or the Services, or these Terms, shall not exceed $100, or the amount you paid us, if any, for use of your Account or the Services, whichever amount is greater. This liability, if any, shall be complete and exclusive. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Applicable law in some locations, such as the State of New Jersey, does not allow the waiver of implied warranties, the limitation of liability of certain damages set forth above, including the provisions of this section that limit or exclude special, exemplary, consequential, or punitive damages, or limit or exclude the use of any multiplier on or increase to damages, and limit the liability of the Company or any of the Company’s parties, to the greater of either $100 or the amount paid by you for use of your Account or the Services. These limitations or exclusions may not apply to you. The provisions of this section do not apply to the extent, and only to the extent, not permitted by applicable law.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
5. Service level agreement (SLA)
The Company aims to provide Service availability of 99.95% or better. If downtime in any month exceeds 0.05% of that month, the Company will credit the user’s Account. Service credits are applied at the user’s request and will apply toward the balance due at the end of the next billing cycle (either monthly or yearly).
The Company calculates service credits in the following way:
You agree that the Company, and any parents, subsidiaries, officers, directors, employees, agents, or third-party contractors (the "Indemnified Parties") cannot be held responsible for any third-party claim, demand, or damages, including reasonable attorneys’ fees, arising out of your use of your Account or the Services. You agree that the Indemnified Parties will have no liability in connection with any such third-party claim, demand, or damages, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any third-party claims, demands, or damages arising out of your use of your Account or the Services.
7. Privacy
Our Privacy Policy and its sub-policies explain the way we handle and protect your personal data and privacy in relation to your Account and your use of the Services.
By agreeing to the present Terms and to be able to use the Services, you also agree to our Privacy Policy and its sub-policies.
8. Intellectual property
All trademarks, service marks, logos, trade names, and other proprietary designations of NAISHO VPN (the “NAISHO VPN Trademarks”) displayed on this website are trademarks or registered trademarks of the Company, and numerous of the NAISHO VPN Trademarks are registered with the U.S. Patent and Trademark Office and with multiple trademark offices around the world. Nothing in these Terms of Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the NAISHO VPN Trademarks without our prior written permission in each instance. All goodwill generated from the use of the NAISHO VPN Trademarks will inure to the Company’s exclusive benefit.
9. Terms of Payment
Subscriptions for the Services are charged on a monthly, biannually, yearly or biennially billing cycle, depending on your selection. After the initial term, the subscription is renewed automatically for the duration as specified during your initial purchase and you will be charged accordingly, unless cancelled or modified by you. Credit balances are automatically deducted accordingly. You are responsible for keeping payment information in relation with your Account up to date.
The prices displayed on our Websites and Apps at the time of your initial purchase are subject to change. If the renewal price has changed, you will be charged the then-current price valid at the time of the renewal of your subscription. Email notifications impacting changes to renewal pricing will be sent thirty (30) days before the next subscription renewal date (except for users of monthly and shorter subscriptions). If you do not wish to continue using our paid Services, you must cancel your subscription before its renewal date by visiting your Account dashboard and following the cancel subscription steps. If you are unable to access your Account dashboard, you may cancel your subscription by contacting our Customer Support.
You may cancel your subscription within 30 days of the initial purchase and receive a refund for any unused portion of the service period. Here, any unused portion of the service period refers to the prorated remaining full days of the subscription period. Refunds will be processed within 30 days of the request. To request a refund, please contact our Customer Support. For the sake of clarity, the cancellation and the request for refund must both be addressed within the 30-day period. Payments made by cash or bank transfers are not refundable. Refunds can only be requested once per user. This refund option is only applicable to users who have subscribed to NAISHO VPN Services directly through NAISHO VPN official channels (website and apps). If you have subscribed to NAISHO VPN Services through the intermediary of a third-party, please refer to their respective refund policy.
Past the abovementioned 30-day period, the Services provided by the Company are non-refundable and any refund or credit given will be at the sole discretion of the Company. Paid Accounts which are terminated due to a violation of these Terms will incur the loss of all payments and credits and are not eligible for refund. If you terminate your Account before its term for convenience on the basis of a specific regulation allowing you to do so (including but not limited to Chapter VI of the EU Data Act), you agree that early termination penalties apply, whereas these termination penalties correspond to the remainder of the payment that would otherwise have been due for the agreed term of your Account subscription.
If the Company chooses to issue a refund for any reason, the Company will only refund in the original currency of payment and to the original payment method. If you request a credit balance to be converted between different currencies which the Company supports, the Company has discretion over the exchange rate applied.
New users are eligible for a one-time free trial period of 24 hours. At the expiration of the trial period Service will be paused and you will not be enrolled into a full-fledged paid subscription. NAISHO VPN may modify the eligible plans and/or the duration of the free trial at any time, including stop offering free trials.
If you fail to fulfill your obligation of payment as a user of a paid Account, your account may, at our discretion, be automatically suspended from Service.
Failure to make required payments for a paid Account may result in the automatic suspension of your access to the Service, at our discretion.
We may delete Accounts in a suspended state, and/or part or all of the data they contain after 12 months in that state. Subscribing to a paid tier with a valid payment subscription method, provided such paid tier covers the features you are using, will remove the Account from a suspended state.
Subscriptions and credits are linked to the Account they have originally been purchased for and cannot be transferred to another account.
If you rely on dispute or chargeback mechanisms of third-party payment processors, you waive your right to the above-mentioned refund from the Company and consent to rely upon the dispute resolution procedure of the third-party payment processor. Furthermore, if the result of the dispute or chargeback mechanisms causes the Company to be liable for additional costs (e.g. dispute fee), you authorize the Company to charge that amount on your Account. In case of a dispute or chargeback, we reserve our right to suspend your account until settlement of the dispute.
Participating in NAISHO VPN referral program (by inviting a third party to create an account and use a Service through the dedicated in-Service process) may reward you with credits on your Account, based on specific promotional campaigns. These benefits are provided by NAISHO VPN at its own discretion and no referral activity shall entitle you to credits and/or a right to a payment from NAISHO VPN. Referrals are intended to be private direct recommendations of the Services and any referral done through a public platform and/or website will not lead to any reward and may cause ineligibility for future referral benefits. For the avoidance of any doubt, no monetary compensation is offered by NAISHO VPN for any such referral, unless agreed otherwise in writing by NAISHO VPN.
10. Modification of billing cycle
If you select a new paid plan with a different billing cycle, your subscription will be immediately updated, and you will receive a prorated credit for the unused portion of your previous plan that will be automatically applied to your account.
Cancellation of plan
If you do not want your plan to renew, you need to cancel your plan before the end of your subscription period. The cancellation is applied at the end of the current cycle.
If you cancel before the end of your subscription period, we will provide you with an Account credit for the unused portion of your subscription. Credits obtained this way must be used within 12 months or expire.
11. Modification to the Terms of Service
Within the limits of applicable law, the Company reserves the right to review and change these Terms at any time. As long as you are using your Account or the Services, you are responsible for regularly reviewing these Terms. Continued use of your Account or the Services, including non-deletion of your Account after such changes are performed shall constitute your consent to them. The latest Terms will apply going forward and to any dispute or issue arising after the Terms have been updated.
12. Severability
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions, unless they materially affect the entire intent and purpose of these Terms or unless otherwise provided herein, shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect.
13. Applicable law and language
This section defines different rules depending on where you reside. Please refer to the appropriate section applying to you.
If you are a consumer user (residing outside of the United States of America), you agree that these Terms shall be governed in all respects by the substantive laws of the State of Wyoming, United States of America, to the maximum extent permitted by law. Any disputes, actions, claims, or other controversies arising out of or relating in any way to these Terms, your Account, the Services, your use of (or lack of use of) or access to (or lack of access to) your Account or the Services, or any advertising, promotion, or other communications between you and the Company, whether based in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis, shall be subject to the jurisdiction of the state and federal courts located in Wyoming, United States of America, and Section 13.1 below does not apply. By using your Account or the Services, you irrevocably agree that the state and federal courts located in Wyoming, United States of America shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or relating in any way to these Terms or its subject matter or formation to the extent permitted by law.
If you are a consumer user residing in the United States of America, you agree that these Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflicts of law principles. If you opt out of the arbitration agreement, or if it is deemed invalid or inapplicable, the sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate state or federal court located in the State of Wyoming; in such event, you hereby submit to the jurisdiction and venue of said Courts, and you consent to service of process in any legal proceeding.
13.1. Dispute Resolution, Arbitration & Class Action Waiver
Please review these provisions carefully, as they include an agreement to arbitrate any and all claims or disputes between you and NAISHO VPN (the “Agreement to Arbitrate”), which shall be binding on you absent your valid election to opt-out.
AGREEMENT TO ARBITRATE. You agree that any dispute or claim of any kind whatsoever between you and NAISHO VPN, regardless of when the dispute or claim arose or has arisen, will be decided by a binding arbitration administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules and Mediation Procedures, Commercial Arbitration Rules and Mediation Procedures, and/or Mass Arbitration Supplementary Rules (together, the “AAA Rules”), as applicable, using English language and pursuant to these Terms. The disputes and claims to which this Agreement to Arbitrate between you and NAISHO VPN applies includes, but is not limited to, any and all disputes or claims in connection with or relating in any way to this or one or more previous versions of the Terms or your use of or access to our Services, any and all claims that arose before you accepted any version of these Terms containing an arbitration provision, and the arbitrability of any and all disputes and claims (consistent with the “Delegation of Arbitrability” term below).
If there is a conflict between the Terms and the AAA Rules, then we will follow the Terms. The form of the arbitration hearing (i.e., in person or virtual) and its location will be determined in accordance with applicable AAA Rules. The fees and costs associated with arbitration will be those set forth in AAA applicable fee schedules. To learn more about the AAA Rules and how to begin an arbitration, you may call AAA at 800-778-7879, email AAA at CustomerService@adr.org, or visit AAA’s website at www.adr.org.
Any arbitration under the Terms, including both the provisions of the Terms and enforcement of the Terms, shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and not by any state law concerning arbitration. Any award by the arbitrator shall be in writing and will be final and binding on all parties, subject to any limited right to appeal under the Federal Arbitration Act. Judgment upon any award in arbitration may be entered in any court having jurisdiction.
If a court or arbitrator decides that any part of these Terms cannot be enforced as to a particular claim for relief or remedy (such as declaratory relief), then that claim or remedy (and only that claim or remedy) shall be severed and must be brought in court and any other claims must be arbitrated. Any claims or causes of action seeking relief not subject to arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of the arbitration of the remaining claims to the maximum extent permitted by law.
Delegation of Arbitrability. For the avoidance of doubt, this Agreement to Arbitrate includes an agreement by you and NAISHO VPN that the authority to determine the threshold question of whether a dispute or claim between you and NAISHO VPN is subject to arbitration—that is, whether such dispute or claim is arbitrable—shall rest exclusively with the AAA arbitrator and not with a court.
Informal Dispute Resolution. Before initiating an arbitration, you and NAISHO VPN agree to make a good-faith effort to resolve any dispute informally (“Informal Dispute Resolution”). To begin this process, the party seeking resolution must send the other party a written Notice of Dispute (“Notice”). If you are sending a Notice to NAISHO VPN, you must email it to
If NAISHO VPN is sending a Notice to you, it may do so using the contact information associated with you or your account and/or by any other method reasonably calculated to provide you with actual notice. To be valid, your Notice to NAISHO VPN must include your full name, the phone number you used to create your account, your email address and a description of the nature of your dispute or claim and the specific relief sought. To be valid, NAISHO VPN Notice to you must include a description of the nature of its dispute or claim against you. The Informal Dispute Resolution period lasts 60 days from the date the Notice is received and is a mandatory prerequisite to initiating arbitration. During this 60-day period, any applicable statute of limitations or filing deadlines will be tolled.
Waiver of Class and Representative Actions. YOU AND NAISHO VPN MAY NOT BRING CLAIMS AGAINST THE OTHER AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION. The arbitrator cannot hear class or representative claims on behalf of NAISHO VPN users. However, nothing in this section shall prevent you or NAISHO VPN from participating in a class-wide settlement of claims.
Mass Arbitration. If more than 25 arbitration demands of a substantially similar nature, alleging substantially similar or identical claims or causes of action, are filed against us by the same law firm or collection of legal counsel or law firms, AAA shall (i) group the arbitration demands into batches of no more than 25 demands per group; and (ii) provide for resolution of each group or batch as a consolidated arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch. You and NAISHO VPN agree to cooperate in good faith with AAA to implement the aforementioned protocol for mass, collective, and/or batch arbitrations with regard to resolution, fees, and administration. To the extent AAA does not enforce these batching procedures, the parties agree that AAA shall endeavor to assign multiple proceedings to a single, mutually agreeable merits arbitrator consistent with the AAA Mass Arbitration Supplementary Rules.
Claims Not Subject to Arbitration. Notwithstanding the above, either you or NAISHO VPN may elect to:
(1) litigate a claim in small claims court (or similar court) of your city or county of residence if the amount at issue is within the jurisdictional limits of that court. If the dispute is commenced as an arbitration by one party, the other party shall have 30 days after service to elect to proceed in small claims court instead. In the event of such an election, the arbitration will be dismissed, and either party may commence the claim in small claims court.
(2) bring an action in state or federal court that asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation.
OPT-OUT OF ARBITRATION AGREEMENT. You may opt out of the Agreement to Arbitrate within 30 days after your first use of the Services or availability of this Agreement to Arbitrate, whichever is later, by sending written notice of your decision to opt out to
with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” To be valid, your notice of your decision to opt out must include your full name, the mobile number you used to create your account and email address. If you do not opt-out within the 30-day timeframe, then the Agreement to Arbitrate shall be binding.
You and NAISHO VPN agree to litigate any dispute in arbitration, unless you timely opt out. You and NAISHO VPN will attempt to negotiate before initiating arbitration. No class actions.
14. Miscellaneous
These Terms do not affect your statutory rights or your legal rights, if any, as a consumer.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section.
Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision.
We may assign these Terms in whole or in part. Moreover, we may delegate our rights and responsibilities or use contractors or agents to fulfill the obligations under these Terms.
These Terms represent the entire agreement between you and us in connection with your use of your Account or the Services, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and the Company with respect to your Account or the Services.
In case of discrepancy between the English version of these Terms and any translated version, the English version shall prevail.
By using the naishothai.com website, official NAISHO VPN chatbots and making use of a NAISHO VPN Account (the “Account”) and all its related features, including NAISHO VPN (the “Services”) operated by Scoopydoo LLC, you agree to be bound by the following terms of service (the “Terms”). These Terms cover all present and future features provided by your Account. The Services are operated by Scoopydoo LLC (“We”, the “Company”), a US company located at 30 N Gould St Ste N, Sheridan, Wyoming. Use of your Account or the Services includes registering an Account, keeping an Account open (not deleted by you or not deleted or deactivated by NAISHO VPN), or accessing our website or mobile/desktop applications, or making use of our services. Please read these Terms carefully before you use your Account or the Services. By using your Account or the Services, you are agreeing to be bound by these Terms. You may not use your Account or the Services if you do not agree to these Terms. These Terms apply every time you use your Account or the Services.
If you agree to these Terms on behalf of a company or another legal entity, you represent that you have the authority to bind such entity, its affiliates, and all users who access the Services through your Account to these Terms. In the absence of such an authority, you are not authorized to use the Services.
1. Users of the Services
The Services are provided exclusively to individuals who are at least 18 years of age.
The Services are provided exclusively to persons or legal entities. Accounts registered by “bots” or automated methods are not authorized and will be terminated.
Each user is solely responsible for all actions performed through the Services.
2. Authorized use of the Services
You agree not to use your Account or the Services for any illegal or prohibited activities. Unauthorized activities include, but are not limited to:
- Disrupting the Company's networks and servers in your use of the Service;
- Accessing/sharing/downloading/uploading illegal content, including but not limited to Child Sexual Abuse Material (CSAM) or content related to CSAM;
- Infringing upon or violating the intellectual property rights of the Company or a third party; please refer to our DMCA Policy to learn more;
- Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating or discriminating against someone based on gender, sexual orientation, religion, ethnicity, race, age, nationality or disability;
- Trading, selling or otherwise transferring the ownership of an Account to a third party (with the exception of Lifetime Accounts, which can be sold or traded exclusively through the Company);
- Promoting illegal activities or providing instructional information to other parties to commit illegal activities;
- Having multiple free Accounts (e.g. creating bulk signups, creating and/or operating a large number of free Accounts for a single organization or individual);
- Paying for your subscription with fraudulent payment means, such as a stolen credit card;
- Engaging in spam activities, which are defined as the practice of sending irrelevant or unsolicited messages or content over the internet, typically to a large number of recipients, notably for the purposes of advertising, phishing, or spreading malware or viruses;
- Sending junk mail, bulk emails, or mailing list emails that contain addresses, users of which have not specifically agreed to be included on that list. You agree not to use the Services to store or share content that violates the law or the rights of a third party;
- Abusive registrations of email addresses (including aliases) for third-party services;
- Using a free account email address (including aliases) for the unique purpose of registering to third-party services;
- Attempting to access, probe, or connect to computing devices without proper authorization (i.e. any form of unauthorized "hacking");
- Referring yourself or another one of your accounts to unduly benefit from our referral program's benefits (see section 9 for discretionary benefits of the program).
The Company may also terminate Accounts which are being used for illegal activities that are not listed above, particularly in response to orders from the competent authorities informing of such illegal activity.
We reserve the right to limit service capacity for free Accounts whose use of resources (e.g. bandwidth) is excessive and hurts the user experiences of other users in an unfair way.
3. Inactive Accounts
The Company reserves the right to suspend or delete Accounts that have been inactive for a consecutive period of 12 months after their subscription end date and/or part or all of their associated data and content according to this section.
If you have been inactive on your Account for a consecutive period of 12 months or more after your subscription end date, access to your Account and all or part of the data associated with your Account (including but not limited to credentials, saved payment methods and invoices) may be deleted. You will receive notice 7 days in advance before such action is taken.
You are considered active by activating any free or paid subscription at least once in a period of 12 months.
If you are subject to insurmountable circumstances that won't allow you to stay active on your Account in a period of 12 months, please contact our Customer Support so that they can prevent deletion under this section.
4. Limited warranties and liability
The Company does not make any warranty about the reliability of the Services or the security of user data, despite best efforts. The Service is provided “as is” and “as available,” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, accuracy, non-infringement, or warranties that may arise from course of dealing or course of performance or usage of trade.
The Company has no obligation to store or forward the contents of terminated Accounts. Furthermore, you will not hold the Company liable or seek indemnification if confidential material is unintentionally released as the result of a security failure or vulnerability in the performance of the Services or if data is deleted for an inactive account (see section 3). Due to the encrypted nature of the Services, you acknowledge that the Company has no ability or obligation to recover your data if you misplace your password.
To the extent not prohibited by law, you acknowledge and agree that in no event will the Company be responsible or liable to you or any third party, under any theory of responsibility or liability, for any indirect, special, exemplary, incidental, consequential, or punitive damages (including, but not limited to, procurement of substitute goods or services; loss of data, use, or profits; business interruptions; or any other damages or losses), for any multiplier on or increase to damages, or for any costs or fees (including attorneys’ fees), whether under these Terms or otherwise, arising in any way in connection with your Account, the Services, or these Terms, whether arising at law, in equity, or otherwise, and whether based in contract, strict liability, tort (including negligence or otherwise), common law, statute, equity, or otherwise, even if we have been advised of the possibility of such damage, or for any other claim, demand, or damages whatsoever, arising out of or related to your use or inability to use your Account or the Services.
Without limitation of the foregoing, and to the extent not prohibited by law, the total liability of the Company’s parties for any reason whatsoever arising out of or related to the use of, or inability to use, your Account or the Services, or these Terms, shall not exceed $100, or the amount you paid us, if any, for use of your Account or the Services, whichever amount is greater. This liability, if any, shall be complete and exclusive. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Applicable law in some locations, such as the State of New Jersey, does not allow the waiver of implied warranties, the limitation of liability of certain damages set forth above, including the provisions of this section that limit or exclude special, exemplary, consequential, or punitive damages, or limit or exclude the use of any multiplier on or increase to damages, and limit the liability of the Company or any of the Company’s parties, to the greater of either $100 or the amount paid by you for use of your Account or the Services. These limitations or exclusions may not apply to you. The provisions of this section do not apply to the extent, and only to the extent, not permitted by applicable law.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
5. Service level agreement (SLA)
The Company aims to provide Service availability of 99.95% or better. If downtime in any month exceeds 0.05% of that month, the Company will credit the user’s Account. Service credits are applied at the user’s request and will apply toward the balance due at the end of the next billing cycle (either monthly or yearly).
The Company calculates service credits in the following way:
- If the monthly uptime is less than 99.95% but equal to or greater than 99.0%, the service credit is equal to 10% of the Service’s monthly cost;
- If the monthly uptime is less than 99.0%, the service credit is equal to 30% of the Service’s cost.
- Issues caused by factors outside of the Company’s reasonable control;
- Issues that resulted from any actions or inaction by a user or a third party;
- Issues that resulted from the user’s equipment and/or third-party equipment (not within the primary control of the Company). For the avoidance of any doubt, the Company does not provide any internet or network services and any performance issues related to those types of services shall be deemed not in the primary control of the Company;
- Issues that arise from the Company’s suspension or termination of rights to use the Service in accordance with the Terms;
- Downtime caused by reasonable scheduled maintenance that is announced in advance.
You agree that the Company, and any parents, subsidiaries, officers, directors, employees, agents, or third-party contractors (the "Indemnified Parties") cannot be held responsible for any third-party claim, demand, or damages, including reasonable attorneys’ fees, arising out of your use of your Account or the Services. You agree that the Indemnified Parties will have no liability in connection with any such third-party claim, demand, or damages, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any third-party claims, demands, or damages arising out of your use of your Account or the Services.
7. Privacy
Our Privacy Policy and its sub-policies explain the way we handle and protect your personal data and privacy in relation to your Account and your use of the Services.
By agreeing to the present Terms and to be able to use the Services, you also agree to our Privacy Policy and its sub-policies.
8. Intellectual property
All trademarks, service marks, logos, trade names, and other proprietary designations of NAISHO VPN (the “NAISHO VPN Trademarks”) displayed on this website are trademarks or registered trademarks of the Company, and numerous of the NAISHO VPN Trademarks are registered with the U.S. Patent and Trademark Office and with multiple trademark offices around the world. Nothing in these Terms of Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the NAISHO VPN Trademarks without our prior written permission in each instance. All goodwill generated from the use of the NAISHO VPN Trademarks will inure to the Company’s exclusive benefit.
9. Terms of Payment
Subscriptions for the Services are charged on a monthly, biannually, yearly or biennially billing cycle, depending on your selection. After the initial term, the subscription is renewed automatically for the duration as specified during your initial purchase and you will be charged accordingly, unless cancelled or modified by you. Credit balances are automatically deducted accordingly. You are responsible for keeping payment information in relation with your Account up to date.
The prices displayed on our Websites and Apps at the time of your initial purchase are subject to change. If the renewal price has changed, you will be charged the then-current price valid at the time of the renewal of your subscription. Email notifications impacting changes to renewal pricing will be sent thirty (30) days before the next subscription renewal date (except for users of monthly and shorter subscriptions). If you do not wish to continue using our paid Services, you must cancel your subscription before its renewal date by visiting your Account dashboard and following the cancel subscription steps. If you are unable to access your Account dashboard, you may cancel your subscription by contacting our Customer Support.
You may cancel your subscription within 30 days of the initial purchase and receive a refund for any unused portion of the service period. Here, any unused portion of the service period refers to the prorated remaining full days of the subscription period. Refunds will be processed within 30 days of the request. To request a refund, please contact our Customer Support. For the sake of clarity, the cancellation and the request for refund must both be addressed within the 30-day period. Payments made by cash or bank transfers are not refundable. Refunds can only be requested once per user. This refund option is only applicable to users who have subscribed to NAISHO VPN Services directly through NAISHO VPN official channels (website and apps). If you have subscribed to NAISHO VPN Services through the intermediary of a third-party, please refer to their respective refund policy.
Past the abovementioned 30-day period, the Services provided by the Company are non-refundable and any refund or credit given will be at the sole discretion of the Company. Paid Accounts which are terminated due to a violation of these Terms will incur the loss of all payments and credits and are not eligible for refund. If you terminate your Account before its term for convenience on the basis of a specific regulation allowing you to do so (including but not limited to Chapter VI of the EU Data Act), you agree that early termination penalties apply, whereas these termination penalties correspond to the remainder of the payment that would otherwise have been due for the agreed term of your Account subscription.
If the Company chooses to issue a refund for any reason, the Company will only refund in the original currency of payment and to the original payment method. If you request a credit balance to be converted between different currencies which the Company supports, the Company has discretion over the exchange rate applied.
New users are eligible for a one-time free trial period of 24 hours. At the expiration of the trial period Service will be paused and you will not be enrolled into a full-fledged paid subscription. NAISHO VPN may modify the eligible plans and/or the duration of the free trial at any time, including stop offering free trials.
If you fail to fulfill your obligation of payment as a user of a paid Account, your account may, at our discretion, be automatically suspended from Service.
Failure to make required payments for a paid Account may result in the automatic suspension of your access to the Service, at our discretion.
We may delete Accounts in a suspended state, and/or part or all of the data they contain after 12 months in that state. Subscribing to a paid tier with a valid payment subscription method, provided such paid tier covers the features you are using, will remove the Account from a suspended state.
Subscriptions and credits are linked to the Account they have originally been purchased for and cannot be transferred to another account.
If you rely on dispute or chargeback mechanisms of third-party payment processors, you waive your right to the above-mentioned refund from the Company and consent to rely upon the dispute resolution procedure of the third-party payment processor. Furthermore, if the result of the dispute or chargeback mechanisms causes the Company to be liable for additional costs (e.g. dispute fee), you authorize the Company to charge that amount on your Account. In case of a dispute or chargeback, we reserve our right to suspend your account until settlement of the dispute.
Participating in NAISHO VPN referral program (by inviting a third party to create an account and use a Service through the dedicated in-Service process) may reward you with credits on your Account, based on specific promotional campaigns. These benefits are provided by NAISHO VPN at its own discretion and no referral activity shall entitle you to credits and/or a right to a payment from NAISHO VPN. Referrals are intended to be private direct recommendations of the Services and any referral done through a public platform and/or website will not lead to any reward and may cause ineligibility for future referral benefits. For the avoidance of any doubt, no monetary compensation is offered by NAISHO VPN for any such referral, unless agreed otherwise in writing by NAISHO VPN.
10. Modification of billing cycle
If you select a new paid plan with a different billing cycle, your subscription will be immediately updated, and you will receive a prorated credit for the unused portion of your previous plan that will be automatically applied to your account.
Cancellation of plan
If you do not want your plan to renew, you need to cancel your plan before the end of your subscription period. The cancellation is applied at the end of the current cycle.
If you cancel before the end of your subscription period, we will provide you with an Account credit for the unused portion of your subscription. Credits obtained this way must be used within 12 months or expire.
11. Modification to the Terms of Service
Within the limits of applicable law, the Company reserves the right to review and change these Terms at any time. As long as you are using your Account or the Services, you are responsible for regularly reviewing these Terms. Continued use of your Account or the Services, including non-deletion of your Account after such changes are performed shall constitute your consent to them. The latest Terms will apply going forward and to any dispute or issue arising after the Terms have been updated.
12. Severability
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions, unless they materially affect the entire intent and purpose of these Terms or unless otherwise provided herein, shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect.
13. Applicable law and language
This section defines different rules depending on where you reside. Please refer to the appropriate section applying to you.
If you are a consumer user (residing outside of the United States of America), you agree that these Terms shall be governed in all respects by the substantive laws of the State of Wyoming, United States of America, to the maximum extent permitted by law. Any disputes, actions, claims, or other controversies arising out of or relating in any way to these Terms, your Account, the Services, your use of (or lack of use of) or access to (or lack of access to) your Account or the Services, or any advertising, promotion, or other communications between you and the Company, whether based in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis, shall be subject to the jurisdiction of the state and federal courts located in Wyoming, United States of America, and Section 13.1 below does not apply. By using your Account or the Services, you irrevocably agree that the state and federal courts located in Wyoming, United States of America shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or relating in any way to these Terms or its subject matter or formation to the extent permitted by law.
If you are a consumer user residing in the United States of America, you agree that these Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflicts of law principles. If you opt out of the arbitration agreement, or if it is deemed invalid or inapplicable, the sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate state or federal court located in the State of Wyoming; in such event, you hereby submit to the jurisdiction and venue of said Courts, and you consent to service of process in any legal proceeding.
13.1. Dispute Resolution, Arbitration & Class Action Waiver
Please review these provisions carefully, as they include an agreement to arbitrate any and all claims or disputes between you and NAISHO VPN (the “Agreement to Arbitrate”), which shall be binding on you absent your valid election to opt-out.
AGREEMENT TO ARBITRATE. You agree that any dispute or claim of any kind whatsoever between you and NAISHO VPN, regardless of when the dispute or claim arose or has arisen, will be decided by a binding arbitration administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules and Mediation Procedures, Commercial Arbitration Rules and Mediation Procedures, and/or Mass Arbitration Supplementary Rules (together, the “AAA Rules”), as applicable, using English language and pursuant to these Terms. The disputes and claims to which this Agreement to Arbitrate between you and NAISHO VPN applies includes, but is not limited to, any and all disputes or claims in connection with or relating in any way to this or one or more previous versions of the Terms or your use of or access to our Services, any and all claims that arose before you accepted any version of these Terms containing an arbitration provision, and the arbitrability of any and all disputes and claims (consistent with the “Delegation of Arbitrability” term below).
If there is a conflict between the Terms and the AAA Rules, then we will follow the Terms. The form of the arbitration hearing (i.e., in person or virtual) and its location will be determined in accordance with applicable AAA Rules. The fees and costs associated with arbitration will be those set forth in AAA applicable fee schedules. To learn more about the AAA Rules and how to begin an arbitration, you may call AAA at 800-778-7879, email AAA at CustomerService@adr.org, or visit AAA’s website at www.adr.org.
Any arbitration under the Terms, including both the provisions of the Terms and enforcement of the Terms, shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and not by any state law concerning arbitration. Any award by the arbitrator shall be in writing and will be final and binding on all parties, subject to any limited right to appeal under the Federal Arbitration Act. Judgment upon any award in arbitration may be entered in any court having jurisdiction.
If a court or arbitrator decides that any part of these Terms cannot be enforced as to a particular claim for relief or remedy (such as declaratory relief), then that claim or remedy (and only that claim or remedy) shall be severed and must be brought in court and any other claims must be arbitrated. Any claims or causes of action seeking relief not subject to arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of the arbitration of the remaining claims to the maximum extent permitted by law.
Delegation of Arbitrability. For the avoidance of doubt, this Agreement to Arbitrate includes an agreement by you and NAISHO VPN that the authority to determine the threshold question of whether a dispute or claim between you and NAISHO VPN is subject to arbitration—that is, whether such dispute or claim is arbitrable—shall rest exclusively with the AAA arbitrator and not with a court.
Informal Dispute Resolution. Before initiating an arbitration, you and NAISHO VPN agree to make a good-faith effort to resolve any dispute informally (“Informal Dispute Resolution”). To begin this process, the party seeking resolution must send the other party a written Notice of Dispute (“Notice”). If you are sending a Notice to NAISHO VPN, you must email it to
If NAISHO VPN is sending a Notice to you, it may do so using the contact information associated with you or your account and/or by any other method reasonably calculated to provide you with actual notice. To be valid, your Notice to NAISHO VPN must include your full name, the phone number you used to create your account, your email address and a description of the nature of your dispute or claim and the specific relief sought. To be valid, NAISHO VPN Notice to you must include a description of the nature of its dispute or claim against you. The Informal Dispute Resolution period lasts 60 days from the date the Notice is received and is a mandatory prerequisite to initiating arbitration. During this 60-day period, any applicable statute of limitations or filing deadlines will be tolled.
Waiver of Class and Representative Actions. YOU AND NAISHO VPN MAY NOT BRING CLAIMS AGAINST THE OTHER AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION. The arbitrator cannot hear class or representative claims on behalf of NAISHO VPN users. However, nothing in this section shall prevent you or NAISHO VPN from participating in a class-wide settlement of claims.
Mass Arbitration. If more than 25 arbitration demands of a substantially similar nature, alleging substantially similar or identical claims or causes of action, are filed against us by the same law firm or collection of legal counsel or law firms, AAA shall (i) group the arbitration demands into batches of no more than 25 demands per group; and (ii) provide for resolution of each group or batch as a consolidated arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch. You and NAISHO VPN agree to cooperate in good faith with AAA to implement the aforementioned protocol for mass, collective, and/or batch arbitrations with regard to resolution, fees, and administration. To the extent AAA does not enforce these batching procedures, the parties agree that AAA shall endeavor to assign multiple proceedings to a single, mutually agreeable merits arbitrator consistent with the AAA Mass Arbitration Supplementary Rules.
Claims Not Subject to Arbitration. Notwithstanding the above, either you or NAISHO VPN may elect to:
(1) litigate a claim in small claims court (or similar court) of your city or county of residence if the amount at issue is within the jurisdictional limits of that court. If the dispute is commenced as an arbitration by one party, the other party shall have 30 days after service to elect to proceed in small claims court instead. In the event of such an election, the arbitration will be dismissed, and either party may commence the claim in small claims court.
(2) bring an action in state or federal court that asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation.
OPT-OUT OF ARBITRATION AGREEMENT. You may opt out of the Agreement to Arbitrate within 30 days after your first use of the Services or availability of this Agreement to Arbitrate, whichever is later, by sending written notice of your decision to opt out to
with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” To be valid, your notice of your decision to opt out must include your full name, the mobile number you used to create your account and email address. If you do not opt-out within the 30-day timeframe, then the Agreement to Arbitrate shall be binding.
You and NAISHO VPN agree to litigate any dispute in arbitration, unless you timely opt out. You and NAISHO VPN will attempt to negotiate before initiating arbitration. No class actions.
14. Miscellaneous
These Terms do not affect your statutory rights or your legal rights, if any, as a consumer.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section.
Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision.
We may assign these Terms in whole or in part. Moreover, we may delegate our rights and responsibilities or use contractors or agents to fulfill the obligations under these Terms.
These Terms represent the entire agreement between you and us in connection with your use of your Account or the Services, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and the Company with respect to your Account or the Services.
In case of discrepancy between the English version of these Terms and any translated version, the English version shall prevail.
