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This policy contains several high-severity risks, including the waiver of jury trials and class action lawsuits (risk_flags-1), and broad indemnification requirements for users (risk_flags-2). The company limits its liability for data loss due to security failures or inactive accounts (risk_flags-3) and is not responsible for indirect, special, or punitive damages (risk_flags-4), with a total liability cap of $100 or the amount paid by the user. Users may lose their refund rights if they use third-party dispute mechanisms, and the company can charge users for costs incurred during disputes (gotchas-2). Additionally, free inactive accounts may be deleted (cancellation_renewal-4), and payments can be lost if an account is terminated due to violations (cancellation_renewal-3).
90% confidence
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Risk Flags
4 findings
Critical issues that may result in significant harm to the user. These typically include unrecoverable financial loss, severe privacy violations, or loss of account access. These are often difficult to reverse.
high95% confidence
Waiver of Jury Trial and Class Action Lawsuits
Users waive the right to a judge or jury deciding their claims and cannot proceed in a class, consolidated, or representative capacity in any forum.
Why it matters: You waive your right to a trial by jury or to participate in a class action or class arbitration, significantly affecting your legal rights.
Arbitration on an individual basis means that you will not have, and that you waive, the right for a judge or jury to decide your claims, and that you may not proceed in a class, consolidated, or representative capacity in any forum, as described in more detail below. You have the right to opt out of arbitration and/or the class action waiver, as explained below. Please read this section and the class action waiver section carefully – it may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims.
13.1. Binding arbitration agreement and class action waiver, paragraph 1 · Citation strength: strong
high90% confidence
Broad Indemnification Clause
Users agree to indemnify the Company and its associated parties for any third-party claims, demands, or damages arising out of their use of the Account or Services.
Why it matters: You may be held responsible for legal costs and damages if a third-party claim arises from your use of the service.
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.
Limited Liability for Data Loss or Security Failures
The Company is not liable if confidential material is unintentionally released due to security failures, if data is deleted for an inactive account, or for an inability to recover data if the user misplaces their password.
Why it matters: You cannot hold the Company liable for unintentional release of confidential material due to security failures, or for data loss if your account is inactive or you misplace your password.
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.
Company Not Liable for Indirect, Special, or Punitive Damages
The Company explicitly states it will not be responsible or liable for indirect, special, exemplary, incidental, consequential, or punitive damages, including loss of data, use, or profits, or business interruptions.
Why it matters: You cannot hold the Company liable for a wide range of indirect or punitive damages, including loss of data, use, profits, or business interruptions, even if they were advised of the possibility.
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
How the company collects, uses, shares, and protects your data. This includes privacy practices, data retention, and consent mechanisms.
low90% confidence
No Warranty on Reliability or Security of User Data
The Company does not provide any warranty regarding the reliability of the Services or the security of user data, despite its efforts.
Why it matters: The company does not guarantee the reliability of its services or the security of your data, even with its best efforts.
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.
Details on how subscriptions renew, cancellation procedures, refund policies, and impacts of account termination.
medium95% confidence
Automatic Subscription Renewal
After the initial term, subscriptions are automatically renewed for the duration specified during the initial purchase, and users will be charged accordingly unless cancelled or modified.
Why it matters: Your subscription will automatically renew and you will be charged unless you cancel or modify it before the renewal date.
Subscriptions for the Services are charged on a monthly, yearly or bi-yearly 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.
Terms of Payment, paragraph 1 · Citation strength: strong
medium90% confidence
Non-Refundable Payments After 30 Days
After a 30-day period from the initial purchase, services are non-refundable, and any refunds or credits are at the Company's sole discretion.
Why it matters: You may not be able to get a refund after 30 days from your initial purchase, as refunds become discretionary for the company.
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.
Terms of Payment, paragraph 1 · Citation strength: strong
medium95% confidence
Loss of Payments and Credits for Terminated Accounts
Paid accounts terminated due to a violation of the Terms will lose all payments and credits and are not eligible for a refund.
Why it matters: If your paid account is terminated due to a violation of the terms, you will lose all payments and credits and will not receive a refund.
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.
Terms of Payment, paragraph 1 · Citation strength: strong
medium95% confidence
Deletion of Inactive Free Accounts
The Company reserves the right to suspend or delete free accounts and associated data if they have been inactive for a consecutive period of 12 months.
Why it matters: Your free account and its associated data may be deleted if you do not use it for 12 consecutive months.
The Company reserves the right to suspend or delete free Accounts that have been inactive for a consecutive period of 12 months and/or part or all of their associated data and content according to this section. If you have been inactive on your free Account for a consecutive period of 12 months or more , access to your Account and all or part of the data associated with your Account (including but not limited to emails stored in Proton Mail, files stored on Proton Drive, calendar entries in Proton Calendar and passwords in Proton Pass) may be deleted.
Early Termination Penalties for Regulation-Based Cancellations
If a user terminates their account early based on a specific regulation, early termination penalties corresponding to the remainder of the payment for the agreed term will apply.
Why it matters: You may incur early termination penalties equal to the remaining payment for your subscription term if you cancel early due to a regulation.
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.
Terms of Payment, paragraph 1 · Citation strength: strong
Gotchas
1 finding
Unexpected or less obvious clauses that might surprise users, potentially leading to inconveniences or unexpected obligations. These often require careful reading to fully understand their implications.
low90% confidence
Company Can Charge for Dispute Costs
Users authorize the Company to charge their account for additional costs (e.g., dispute fees) if a third-party dispute or chargeback mechanism causes the Company to be liable for such costs.
Why it matters: If a payment dispute or chargeback incurs additional costs for the company, you authorize them to charge your account for those costs.
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.
Terms of Payment, paragraph 5 · Citation strength: strong
Protections
2 findings
Commitments and features that benefit users, such as strong data privacy practices, clear cancellation policies, or provisions for data portability.
Protection95% confidence
Advance Notice for Free Inactive Account Deletion
Users will receive notices 30, 15, and 7 days in advance before a free inactive account and its data are deleted.
Why it helps: You will receive multiple warnings before your inactive free account and its data are deleted, giving you time to take action.
You will receive notices 30, 15 and 7 days in advance before such action is taken on the recovery email associated with your Account.
Opt-Out Right for Arbitration and Class Action Waiver
Users have the right to opt-out and not be bound by the arbitration provisions, including or excluding the class action waiver, by sending written notice within 30 calendar days of first agreeing to the Terms.
Why it helps: You have the ability to opt out of mandatory arbitration and the class action waiver, allowing you to retain your right to sue in court or participate in class actions.
You have the right to opt-out and not be bound by the arbitration provisions including or excluding the class action waiver set forth in these Terms by sending written notice of your decision to opt-out to: Proton AG Attn: Legal Route de la Galaise 32, 1228 Plan-les-Ouates Geneva, Switzerland The opt-out notice must be sent to the foregoing address within 30 calendar days of your first agreeing to these Terms.