## Public Offer for Conclusion of a License Agreement
This Offer from the owner of the website https://amnezia-vps.live/, hereinafter referred to as the “Licensor”, to the user of the website’s services, hereinafter referred to as the “Licensee”, constitutes a proposal to conclude a License Agreement and outlines the key terms for granting the right to use the Product via the website https://amnezia-vps.live/. By acting to acquire the right to use the Product, the Licensee accepts the terms of this License Agreement (hereinafter referred to as the “Agreement”) under the following conditions.
1. Definitions
1.1. Public Offer (hereinafter referred to as the “Offer”) – a public proposal by the Licensor, addressed to an indefinite number of persons, to conclude an Agreement remotely with the Licensor under the terms set forth in this Offer, including all Appendices.
1.2. Order – the Licensee’s decision to acquire the right to use the Product intended for operation with Cloudflare’s WARP VPS service (hereinafter referred to as the “Product”) via the website https://amnezia-vps.live/ by selecting and paying for one of the tariffs. This constitutes the Licensee’s full and unconditional acceptance of this Offer.
1.3. The Licensor provides the Product either independently or through third parties, including private virtual access services and other services related to internet security and private internet access (hereinafter referred to as the “Services”).
1.4. Tariffs – the pricing system for the Product, as displayed on the website https://amnezia-vps.live/.
2. General Provisions
2.1. The Licensee acquires the Product via the website https://amnezia-vps.live/ by selecting one of the tariffs displayed on the website. Payment of the Order confirms the Licensee’s consent to conclude this Agreement (acceptance of the Offer).
2.2. By concluding the Agreement, the Licensee confirms the following:
a) The Licensee has fully read and agrees to the terms of this Agreement;
b) The Licensee permits the collection, processing, and transfer of personal data under the terms defined in the Personal Data Processing Policy published on the website https://amnezia-vps.live/.
3. License Fee
3.1. In exchange for the rights to use the Product under this Agreement, the Licensee shall pay the Licensor a license fee (hereinafter referred to as the “Fee”) in the amount and manner determined by the current Tariff Plans.
3.2. The Product’s price is indicated on the website https://amnezia-vps.live/ under the Tariffs section.
3.3. The Licensor reserves the right to unilaterally change the price of any Tariff.
3.4. The Licensor may not alter the price of a paid Order.
3.5. The Licensee’s payment obligations are deemed fulfilled from the moment the Licensor receives the full amount of funds in accordance with the Tariffs.
3.6. Payments between the Licensor and the Licensee for the Product shall be made using the methods specified on the website https://amnezia-vps.live/.
4. Placing an Order
4.1. The Licensee acquires the Product via the website https://amnezia-vps.live/ or by receiving an invoice sent to the client’s email.
4.2. When placing an order on the website https://amnezia-vps.live/, the Licensee must provide an email address.
4.3. If the Licensor requires additional information, it may request it from the Licensee. Failure to provide such information relieves the Licensor of responsibility for service quality.
4.4. The Licensee is responsible for the accuracy of the information provided when placing and paying for an Order.
4.5. The Agreement between the Licensor and the Licensee is deemed concluded from the moment of electronic order placement on the website https://amnezia-vps.live/ and its payment by the Licensee.
4.6. If the Licensee does not use the “Cancel Subscription” form on the website https://amnezia-vps.live/, the Licensee’s Order is automatically renewed for an identical term upon expiration of the initial Order, in accordance with the Tariffs displayed on the website at the time of renewal.
5. Granting of Rights and Products
5.1. The Products are provided to the Licensee via the Internet by granting access to the Products in the Personal Account (registration in the Service is required), no later than 1 (one) business day after payment of the license fee, unless another term is specified in the Order.
6. Term, Amendment, and Termination of the Agreement
6.1. The Agreement enters into force upon acceptance by the Licensee and remains valid for the duration of the granted rights to use the Products (Licenses), except in cases of early termination.
6.2. The Agreement may be terminated:
6.2.1. By mutual agreement at any time.
6.2.2. At the Licensee’s initiative, by written notice to the Licensor via the addresses on the website https://amnezia-vps.live/, at least 2 (two) calendar days prior to termination.
6.2.3. At the Licensor’s initiative due to the Licensee’s breach of the Agreement, including mandatory documents, with written notice to the Licensee at least 1 (one) calendar day in advance. In this case, the paid Fee is non-refundable, and the portion corresponding to the unused License term is withheld as a penalty.
6.2.4. At the Licensor’s initiative without breach by the Licensee, with 30 (thirty) calendar days’ notice. In this case, the Licensor shall refund the portion of the Fee corresponding to the unused License term.
6.2.5. At the Licensor’s initiative if the Licensee uses the Service to violate the legislation of the Russian Federation or other states.
6.2.6. At the Licensor’s initiative if the Licensee transfers an individual access key to third parties.
6.2.7. On other grounds stipulated by the Offer or applicable law.
6.3. The Licensor reserves the right to terminate a trial period early and switch the Licensee to a full tariff without notice in case of repeated trial period misuse.
6.4. Upon termination of the Agreement (including early termination), the Licensor retains the Licensee’s uploaded data and Product settings for 30 (thirty) calendar days, after which it may delete such data.
6.5. Provisions of the Agreement that by their nature or explicit terms should survive termination shall remain in effect.
7. Liability of the Parties
7.1. The Licensee agrees not to use the Service for spam, port/proxy scanning, mass mailing (even via other servers), or hacking other computers/networks.
7.2. Coverage area, internet speed, and connection quality may vary. The Licensor will make reasonable efforts to ensure continuous Product availability (excluding maintenance downtime). The Product may be unavailable due to emergencies, network issues, signal interference, or third-party service disruptions.
7.3. The Licensor is not liable for data/message loss, page display errors due to network issues (e.g., T-1 line problems). The Licensor may unilaterally impose data usage limits or block services. Nominal network speeds are estimates; actual speeds depend on configuration, data compression, network load, etc. The Licensor does not guarantee data delivery timeliness and is not liable for delays or losses.
8. Limitation of Liability
8.1. The Licensor grants the right to use the Product for Cloudflare’s WARP VPS service. The Licensor is not a VPS provider, telecom operator, or VPS software developer.
8.2. The Licensor is not liable for any losses incurred by the Licensee or third parties due to Product use (or inability to use), including lost profits, income, data, or device functionality, even if warned of such risks.
8.3. The Licensee is solely responsible for Product use and configuration. The Licensor does not guarantee access to specific resources, stable connections, or proper Cloudflare VPS operation.
8.4. The Licensor is not responsible for the Licensee’s methods, purposes, or outcomes of Product use. The Licensee bears full responsibility for compliance with third-party rights and applicable laws.
8.5. As Product functionality depends on technical/legal conditions set by third-party platforms, the Licensor is not liable for temporary/permanent limitations (including total loss) of functionality due to platform changes or Licensee violations. Fees are non-refundable in such cases.
8.6. Under Russian law, the Licensor’s liability under the Agreement is limited to compensation for actual damages, not exceeding the Fee paid by the Licensee for the relevant Product in the calendar month of the incident.
8.7. As an end-user, the Licensee acknowledges the Product is provided “as is” without warranties of any kind, to the extent permitted by law. The Licensor, partners, or rights holders make no warranties, including merchantability, fitness for purpose, or non-infringement. The Licensee assumes all risks related to software installation, use, and results.
9. Force Majeure
9.1. The Parties are exempt from liability for partial or full non-performance of obligations due to force majeure events occurring after Agreement conclusion. Such events include natural disasters, industrial accidents, terrorist acts, war, civil unrest, government prohibitions/restrictions, and other unforeseeable/preventable circumstances.
9.2. In case of force majeure, performance deadlines are extended proportionally to the event’s duration and recovery time, but no more than 60 (sixty) calendar days. If force majeure persists beyond this period, the Agreement terminates.