Version 1.0 as of December 13, 2024

1. Introduction

These terms and conditions (“Terms”) apply to NymVPN’s Refer a Friend program (“Program”). By referring a friend, acting on a referral or otherwise participating in the Program, a referring user (“Referrer”) and a referred friend (“Referred Customer”) agree to be bound by these Terms, our NymVPN Terms of Use and Privacy statement. If you do not agree to these Terms, our Terms of Use and Privacy Statement in their entirety, please do not participate in the Program.

2. Administration and changes to the program

The Program is administered by Nym Technologies SA (‘we,’ ‘us’, Nym). Nym reserves the right to change the Terms or terminate the Program at any time in its sole discretion. Your participation in the Program is completely voluntary.

3. Eligibility

Referrers must meet the following criteria to participate:

• Be at least 18 years old;
• Have an existing, valid and paid subscription of Nym services and a valid Nym’s user account.

We reserve the right to determine if the Referrer’s user account is valid based on the mentioned criteria. Referral links shared to or obtained through other sources (for example, posting to third-party websites) will not be honored. Also, the Referred Customer and the Referrer cannot be the same person (e.g., by using a different email address). Eligibility is limited to individuals only, the Program cannot be used by businesses.

4. Qualified referral

A “Qualified Referral” is a referral that fulfills all conditions set below:

• The Referred Customer must be a first-time customer to NymVPN (i.e., have not previously signed up for a NymVPN account), and eligible to create a NymVPN account;
• The Referred Customer must access and purchase the NymVPN subscription through the Referrer’s referral link, which is not expired;
• The Referred Customer must purchase the NymVPN subscription via our website;

Acceptance of a referral by Nym as a Qualified Referral is based upon verification that the Referred Customer is legitimate (i.e., meet requirements indicated in these Terms and comply with all applicable laws). Nym reserves the right to not accept a referral for any reason at any time. We are not obligated to, and will not release to the Referrer reasons why a referral has not been deemed as a Qualified Referral.

5. Rewards

Referrers will receive a one or three-month extension to their current NymVPN subscription for each Qualified Referral (“Reward”).

After the purchase is completed, the reward (“Reward”) will be instantly granted to both the Referrer and the Referred Customer:

• The Referrer will receive one or three-month extension to their current NymVPN subscription for each Qualified Referral. The extension length will depend on the purchased NymVPN subscription plan: a one-month extension will be added to a monthly NymVPN subscription plan, while a three-month extension will be added to a one-year or two-year NymVPN subscription plan;
• The Referred Customer will receive one or three-month extension to the purchased NymVPN subscription. The extension length will depend on the purchased NymVPN subscription plan: a one-month extension will be added to a monthly NymVPN subscription plan, while a three-month extension will be added to a one-year or two-year NymVPN subscription plan;
• The Referred Customer must purchase the NymVPN subscription via our website (i.e., users whose subscriptions are billed as an in-app purchase are not eligible);

In all cases the Reward will match services included in the purchased NymVPN subscription plan. The value of the Reward shall be equal to the value reflected on the NymVPN website. Rewards cannot be exchanged for cash and the value of the Reward will not be included in any refunds for NymVPN services.

If the Referred Customer requests a refund within thirty (30) days of the purchase as per our General Terms of Service, all Rewards awarded to both the Referrer and the Referred Customer will be canceled as well.

Please note that Rewards cannot be granted for Referrers and/or Referred Customers who purchased Nym services through Apple App Store or Google Play Store. Subscriptions obtained via the mentioned stores are governed by their respective policies and terms.

6. Program testing campaigns

Please note that the Program may include testing campaigns to help us evaluate the effectiveness of the Program, and/or the nature and amount of the Reward. If you are participating in such a testing campaign of the Program, your participation shall be subject to these Terms.

Please note that the Reward of the testing campaign may differ and include a monetary bounty. The Reward of the testing campaign will be specified in the initial testing campaign offer. In cases when the Reward is taxable (depending on the local tax laws applicable to the Referrer), the Referrer shall be solely responsible for reporting the Reward to responsible authorities and/or paying any associated tax, levy, or similar contribution that would result from the Reward payment in his/her favor based on these Terms (if needed).

7. Fraudulent and suspicious behavior

Each Referrer must nonetheless comply with applicable law, including anti-spam and privacy laws. Referrers who do not comply with the law are obligated to indemnify Nym and all of the released parties (as described below) against any liabilities, costs and expenses incurred as a result of such violation.

Nym has a no-tolerance spam policy. Spam, bulk referrals, distribution to strangers, the use of purchased or harvested referral lists or other fraudulent promotion of a Program is prohibited. The Referrer should not engage in any misleading, deceptive, annoying, or harassing practices with respect to referrals or Program communications. Any attempts to use the Program in a questionable manner, violation of these Terms or applicable laws will be grounds for immediate exclusion from the Program or even termination of the user’s account.

Referrers may not enter with multiple or fake email addresses or accounts, use fictitious identities to participate in the Program or receive the Reward. Nym may prohibit the Referrer from participating in the Program or receiving the Reward, in Nym’s sole discretion, if Nym determines that such Referrer is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair practices or violates these Terms in any way.

8. Privacy

Participation in the Program requires Referrers to submit personal information (e-mail address and other data) about themselves so that Nym could contact Referrers with regards to their participation in the Program and/or provision of the Reward. The personal information collected, processed and used as part of the Program will be used in accordance with NymVPN Privacy statement.

9. Indemnification and liability release

Except where prohibited, you agree to release and hold harmless Nym and its respective parent companies, affiliates and subsidiaries, together with their respective employees and any person or entity associated with the production, operation or administration of the Program, from any and all damages, costs, expenses, claims or liabilities of any kind, including third–party claims, whether pending or threatened, including without limitation, attorneys’ fees and court costs, incurred by any of them arising out of or related to your participation in the program or breach of these Terms.

10. Disclaimer of warranties and limitation of liability

NYM DOES NOT MAKE ANY PROMISES OR COMMITMENTS ABOUT THE PROGRAM, SUCH AS THE SPECIFIC FUNCTION OF THE PROGRAM, OR ITS RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. TO THE EXTENT PERMITTED BY LAW, NYM EXCLUDES ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED. IN NO EVENT SHALL NYM OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST PROFITS OR LOST COMMISSIONS ON LOST SALES (WHETHER OR NOT NYM HAS BEEN ADVISED OF SUCH LOSS OR DAMAGE), ARISING FROM THE PROGRAM OR THESE TERMS.