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Plain-English summary
This policy contains several significant risks for users, including a liability cap of $100 or the amount paid (risk_flags-1), a waiver of California Civil Code § 1542 for California residents (risk_flags-2), and a broad indemnification clause (risk_flags-3) that could make users responsible for the company's legal fees and damages. The company is not liable if confidential material is released due to security failures or if data is deleted from inactive accounts (risk_flags-4), and offers no warranty on the reliability or security of user data (risk_flags-5). Business users waive statutory consumer protections (risk_flags-6), and the company explicitly states it cannot recover data if users misplace their password due to encryption (risk_flags-7). Finally, services are generally non-refundable after 30 days, or if an account is terminated for violating terms (risk_flags-8), and subscriptions automatically renew (cancellation_renewal-1), with inactive free accounts and delinquent restricted accounts facing deletion along with associated data (cancellation_renewal-2).
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Risk Flags
Critical issues and red flags that may indicate significant risk to the user, including arbitration clauses, waivers of rights, and broad indemnification clauses.
high95% confidence confidence
Limited liability for damages, capped at $100 or amount paid
The company's total liability for any reason related to the use of the account or services is capped at $100, or the amount the user paid, whichever is greater, and this liability is complete and exclusive.
Why it matters: Users cannot recover more than $100 or the amount they paid for using the service, even if they suffer greater damages.
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.
Limited warranties and liability, paragraph 5 · Citation strength: strong
high95% confidence confidence
Waiver of California Civil Code § 1542
California residents waive California Civil Code § 1542, which generally protects individuals from unknowingly releasing claims that may exist in their favor.
Why it matters: California residents give up their right to pursue claims that they do not know or suspect exist at the time of a release, which, if known, would have materially affected their settlement.
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.
Limited warranties and liability, paragraph 7 · Citation strength: strong
high95% confidence confidence
Broad indemnification clause requires user to cover company's legal costs
Users agree to indemnify and hold the company harmless, including its parents, subsidiaries, officers, directors, employees, agents, or third-party contractors, for any third-party claims, demands, damages, and legal expenses arising from the use of their account or services.
Why it matters: Users may be financially responsible for the company's legal costs and damages if a third party makes a claim against the company due to the user's use of the services.
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.
Company not liable for security failures or data deletion
Users will not hold the Company liable or seek indemnification if confidential material is unintentionally released due to a security failure or vulnerability, or if data is deleted for an inactive account.
Why it matters: Users cannot hold the company responsible for the accidental release of confidential information due to security issues or the loss of data from inactive 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).
Limited warranties and liability, paragraph 3 · Citation strength: strong
high90% confidence 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, stating the service is provided “as is” and “as available,” without express or implied warranties.
Why it matters: Users have no guarantee about the reliability of the service or the security of their data, meaning the company is not responsible if the service is unreliable or data is compromised.
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.
Limited warranties and liability, paragraph 1 · Citation strength: strong
high90% confidence confidence
Business users waive consumer protections
If a user subscribes to a business plan, they acknowledge and agree that they are not acting as a consumer and that statutory consumer protections do not apply to their subscription, to the extent permitted by applicable law.
Why it matters: Business users lose certain consumer protections, such as mandatory rights of withdrawal or cancellation, cooling off periods, and consumer-specific warranty, remedy, or unfair terms protections.
By subscribing to a business plan, you acknowledge and agree that you are not acting as a consumer and that statutory consumer protections do not apply to your subscription, to the extent permitted by applicable law. These protections include any mandatory rights of withdrawal or cancellation, cooling off periods, and consumer specific warranty, remedy, or unfair terms protections.
Terms of Payment, paragraph 7 · Citation strength: strong
high90% confidence confidence
No obligation to recover data if password lost
Due to the encrypted nature of the Services, the Company has no ability or obligation to recover user data if a password is misplaced.
Why it matters: If users lose their password, the company cannot help them recover their data, potentially leading to permanent data loss.
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.
Limited warranties and liability, paragraph 3 · Citation strength: strong
medium90% confidence confidence
Non-refundable services after 30 days, or if terminated for terms violation
Beyond a 30-day period, services are non-refundable, and any refunds are at the company's sole discretion; accounts terminated for violating terms will lose all payments and credits and are not eligible for a refund.
Why it matters: Users might not receive a refund if they cancel after 30 days or if their account is terminated due to a violation of the terms, leading to financial loss.
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.
Terms of Payment, paragraph 9 · Citation strength: strong
Data Use
How the company collects, uses, and shares your data including for advertising, AI training, or sale to third parties.
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Cancellation & Renewal
Terms related to subscription, cancellation, and renewal.
medium95% confidence confidence
Automatic renewal and charges for subscriptions
After the initial term, subscriptions automatically renew for the same duration as the initial purchase, and users will be charged accordingly unless they cancel or modify their subscription.
Why it matters: Users could be charged for a renewed subscription if they forget to cancel 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.
Terms of Payment, paragraph 1 · Citation strength: strong
medium90% confidence confidence
Inactive free accounts and delinquent restricted accounts may be deleted
Free accounts inactive for 12 months, or accounts that become 'delinquent restricted' due to payment failure and remain so for 12 months, may be deleted along with their associated data and content.
Why it matters: Users could lose access to their free account and all associated data if they do not use it for 12 months, or if a paid account downgrades to a delinquent restricted state and remains that way for 12 months.
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.
Potentially unexpected or subtle clauses that could be disadvantageous to the user.
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Protections
User-friendly clauses and company commitments.
Protection95% confidence confidence
Users receive advance notice before inactive free accounts are deleted
Users will receive notices 30, 15, and 7 days in advance on their recovery email before actions are taken to delete their inactive free account or associated data.
Why it helps: This provides users with multiple warnings, giving them sufficient time to react and prevent the deletion of their inactive free account and its data.
You will receive notices 30, 15 and 7 days in advance before such action is taken on the recovery email associated with your Account.
30-day full refund policy for direct subscriptions
Users can cancel their subscription within 30 days of the initial purchase and receive a full refund, provided the cancellation and refund request are both addressed within this period, and the subscription was made directly through Proton's official channels.
Why it helps: Users have a risk-free period to try the service, allowing them to get their money back if they are not satisfied within the first 30 days.
You may cancel your subscription within 30 days of the initial purchase and receive a full refund for the Service. To request a refund, please contact us using our support form. 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 Proton's Services directly through Proton's official channels (website and apps).
Terms of Payment, paragraph 8 · Citation strength: strong
Protection90% confidence confidence
Service credits issued for significant downtime
The company aims for 99.95% or better service availability, and if downtime exceeds 0.05% in any month, users can request service credits which will apply towards their next billing cycle.
Why it helps: This commitment provides a financial compensation mechanism for users if the service experiences significant unexpected downtime, offering some recourse for service interruptions.
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).
Service level agreement (SLA), paragraph 1 · Citation strength: strong
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