Terms of Service

1. Agreement and Parties

These Terms of Service ("Terms") form a binding agreement between you ("you", "User", "Client") and Gatekeep VPN ("we", "us", the "Service"). By submitting an inquiry, accepting access credentials, or using the Service in any way, you confirm that you have read, understood, and agree to these Terms. If you do not agree, do not use the Service.

You represent that you are at least 18 years of age and have full legal capacity to enter into this agreement.

2. Nature of the Service

Gatekeep VPN provides encrypted network transit — a private tunnel through which your network traffic passes between your device and a remote endpoint. The Service is a mere conduit service within the meaning of Article 4 of Regulation (EU) 2022/2065 (the Digital Services Act): we do not initiate transmissions, we do not select the recipients of transmissions, and we do not select or modify the information contained in transmissions. Accordingly, we are not liable for the information transmitted by recipients of the Service, in line with the conditional exemption established by that Article.

We do not monitor, inspect, filter, or analyse the content of user traffic. We do not maintain logs of connection times, source IP addresses, destination IP addresses, DNS queries, or traffic volume associated with individual users. There is no technical or organisational means by which we could reconstruct the browsing activity of any user after the fact.

Nothing in these Terms imposes on us any general obligation to monitor information that we transmit, nor any general obligation actively to seek facts or circumstances indicating illegal activity, consistent with Article 8 of the Digital Services Act.

3. Acceptable Use Policy

You are solely and exclusively responsible for all activity conducted through your use of the Service, including all traffic transmitted, all content accessed, and all communications conducted. By using the Service, you warrant that your use will at all times comply with every law applicable to you — including the laws of your country of residence, of your country of citizenship, and of any country from which you connect to the Service.

You agree not to use the Service, directly or indirectly, to engage in any activity that is unlawful under any law applicable to you, or that falls within the following prohibited categories:

Prohibited activities

• Distribution, storage, production, or accessing of child sexual abuse material (CSAM), or any content sexually exploitative of minors;
• Terrorism, incitement to violence, or promotion of violent extremism;
• Unauthorized access to computer systems, networks, or data (including hacking, credential stuffing, brute-force attempts);
• Distribution of malware, ransomware, spyware, or any malicious code;
• Denial-of-service attacks, port scanning of third-party networks, or other hostile reconnaissance;
• Phishing, spoofing, fraud, or identity theft;
• Unsolicited bulk messaging (spam) via email, SMS, or any other channel;
• Infringement of intellectual property rights, including copyright piracy and trademark violations;
• Human trafficking, non-consensual intimate imagery, or sexual exploitation of any kind;
• Sale or distribution of narcotics, weapons, or other goods whose sale is prohibited in the applicable jurisdiction;
• Any conduct that violates sanctions or export-control regulations applicable to you or to the Service;
• Resale, sublicensing, or sharing of access credentials with third parties, unless expressly agreed in writing.

Any violation of this Acceptable Use Policy — or any reasonable suspicion thereof — constitutes a material breach of these Terms and results in immediate termination of access without refund. You acknowledge that we may, at our sole discretion, cooperate with lawful orders, judicial decisions, or formal requests from competent authorities, including by terminating access and providing such limited data as we hold (which, as described in our Privacy Policy, does not include traffic logs). Your agreement to these Terms constitutes your informed consent to such cooperation.

You further acknowledge that the Service functions as a neutral transmission channel, that the operator has no practical means of preventing or detecting unlawful use in advance, and that responsibility for any such use rests entirely with you.

4. Account and Access

Access is provided on an individual basis following direct communication. You are responsible for the security of the credentials, configuration files, and devices used to access the Service. Notify us without undue delay if you believe your credentials have been compromised.

We reserve the right to refuse, suspend, or revoke access at our sole discretion, including (without limitation) where we have reasonable grounds to believe that the Acceptable Use Policy has been violated.

5. Fees, Payment, and Refunds

Fees, payment methods, and billing periods are agreed individually in the course of onboarding. Unless otherwise expressly agreed in writing, all fees are non-refundable once access has been provisioned. No refund is owed where access is terminated for breach of these Terms.

6. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, UNINTERRUPTED OR ERROR-FREE OPERATION, AND SECURITY.

We do not warrant that the Service will be available in any particular jurisdiction, nor that it will bypass any particular network restriction.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Gatekeep VPN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING UNDER OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable mandatory law.

8. Indemnification

You agree to indemnify, defend, and hold harmless Gatekeep VPN, and its operators, contractors, and affiliates, from and against any and all claims, demands, investigations, proceedings, losses, liabilities, damages, fines, penalties, costs, and expenses (including reasonable legal fees and costs of defence) arising out of or related to: (a) your use of, or access to, the Service; (b) your violation of these Terms or of the Acceptable Use Policy; (c) your violation of any law or of the rights of any third party; (d) any content you transmitted, received, accessed, or stored through the Service; (e) any claim by a third party — including but not limited to rights-holders, law-enforcement authorities, regulatory bodies, or other users — that is connected in any way to your activity through the Service.

This obligation survives the termination of your access to the Service and applies regardless of whether the claim is ultimately found to be meritorious.

9. Termination

You may terminate your use of the Service at any time by ceasing to use it and notifying us. We may terminate or suspend your access, with or without notice, for any breach of these Terms, for legal reasons, or at our sole discretion. Sections that by their nature should survive termination (including Disclaimers, Limitation of Liability, Indemnification, and Governing Law) shall survive.

10. Governing Law and Disputes

These Terms, and any non-contractual obligations arising out of or in connection with them, are governed by the laws of England and Wales, without regard to conflict-of-laws principles. The choice of English law is made for its neutrality and international commercial clarity, and does not reflect a place of establishment of the Service.

The parties shall attempt in good faith to resolve any dispute arising out of or in connection with these Terms by direct negotiation before initiating any formal proceedings.

Where you are a consumer habitually resident in the European Union, the United Kingdom, or another jurisdiction that grants you non-waivable consumer protections, nothing in these Terms deprives you of any mandatory right granted to you by such laws — including the right to bring proceedings before the courts of your country of residence and to benefit from the mandatory provisions of its consumer-protection law.

11. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top of this page reflects the most recent revision. Material changes will be communicated by reasonable means (such as an email to the address you provided, or a notice on this page). Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

12. Contact

For questions about these Terms, write to gatekeepvpn@firemail.cc.