1. Agreement to Terms
These Terms of Service ("Terms") govern your access to and use of the Serica VPN service, website, and applications (collectively, the "Service") operated by Serica LLC ("Serica," "we," "our," or "us"), a limited liability company registered in New Mexico, USA.
By creating an account, subscribing to a plan, or using any part of the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.
If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.
2. Eligibility
To use the Service, you must:
- Be at least 18 years old (or the age of majority in your jurisdiction, whichever is greater)
- Have the legal capacity to enter into binding contracts
- Not be located in a jurisdiction where receiving VPN services is prohibited by law
- Not be prohibited by applicable export control laws from receiving U.S.-origin services
3. Account Registration
3.1 Account Creation
You must provide a valid email address and create a password to use the Service. You agree to provide accurate information and to keep it current. You are responsible for maintaining the confidentiality of your account credentials.
3.2 Account Security
You are responsible for all activity that occurs under your account. Notify us immediately at support@sericavpn.com if you suspect unauthorized access to your account. We are not liable for losses resulting from unauthorized use of your credentials.
3.3 One Account Per Person
Each account is for a single individual. You may not share your account credentials with others. If you need VPN access for multiple people, each person must have their own account. Our multi-device limits apply to your devices only.
4. Subscriptions and Billing
4.1 Subscription Plans
We offer the following subscription tiers, subject to change with reasonable notice:
- Traveler: 2 simultaneous devices, 250 GB monthly data
- Nomad: 3 simultaneous devices, 500 GB monthly data
- Pro: Up to 5 simultaneous devices, unlimited data
4.2 Billing
Subscriptions are billed in advance on a monthly, depending on the plan selected at checkout. By providing payment information, you authorize us to charge the applicable fees to your payment method at the start of each billing cycle.
4.3 Automatic Renewal
Subscriptions renew automatically unless you cancel before the renewal date. We send a renewal reminder 7 days before each renewal. You can cancel at any time from your account dashboard.
4.4 Price Changes
We may change subscription prices with at least 30 days' written notice. If you do not cancel before the new price takes effect, you will be charged at the new rate at your next renewal.
4.5 Taxes
Prices are exclusive of applicable taxes (VAT, GST, sales tax). The amount charged may vary based on your location. Applicable taxes are displayed at checkout.
5. Refunds
New subscriptions include a 30-day money-back guarantee on your first purchase. Renewals and upgrades are not eligible for refunds except where required by law. Full details are in our Refund Policy.
6. Acceptable Use
Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. You agree not to use the Service for any prohibited activities described therein.
Prohibited use includes but is not limited to: illegal activities, distribution of malware, network attacks (DDoS, port scanning), spam campaigns, child sexual abuse material, and circumventing access controls on systems you do not own.
7. Service Availability and Modifications
7.1 Uptime
We strive for high availability but do not guarantee uninterrupted service. Scheduled maintenance, network disruptions, government-level blocking, or force majeure events may cause temporary service interruptions. We target 99.9% monthly uptime for our core infrastructure.
7.2 Service Modifications
We may modify, suspend, or discontinue any aspect of the Service at any time. For material changes that negatively affect your use of the Service, we will provide at least 30 days' notice. We reserve the right to make changes required for security reasons without prior notice.
7.3 Bandwidth and Speed
We do not throttle your connection or impose speed limits on active traffic. Monthly data allowances apply per plan. If you approach your data limit, we will notify you by email. Upon reaching the limit, your connection will be throttled to 1 Mbps until the next billing cycle. Pro plan subscribers have no monthly data limit.
8. No-Logs Policy
We do not log your VPN traffic, browsing activity, DNS queries, connection timestamps, or IP addresses. This is a fundamental architectural principle, not merely a policy. Our servers are designed to never write this data. As a result, we cannot provide this information to third parties, including law enforcement, because it does not exist.
See our Privacy Policy for full details of what data we do and do not collect.
9. Intellectual Property
9.1 Our Property
The Service, including all software, designs, trademarks, and content, is owned by Serica LLC and protected by copyright, trademark, and other applicable laws. "Serica," "SericaVPN," and the Serica logo are trademarks of Serica LLC.
9.2 License to You
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use in accordance with these Terms. This license does not permit you to copy, modify, distribute, sell, or sublicense any part of the Service.
9.3 Feedback
If you provide feedback or suggestions about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES.
We do not warrant that the Service will bypass all censorship systems or government-level blocking, as the efficacy of obfuscation may vary by jurisdiction and network conditions.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SERICA LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) $100 USD.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability. In such cases, our liability is limited to the maximum extent permitted by law.
12. Indemnification
You agree to defend, indemnify, and hold harmless Serica LLC and its officers, directors, employees, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any third-party rights, or (d) any content you transmit through the Service.
13. Termination
13.1 By You
You may cancel your subscription and delete your account at any time via the dashboard. Cancellation takes effect at the end of the current billing period.
13.2 By Us
We may suspend or terminate your account immediately if you violate these Terms or our Acceptable Use Policy, or if we are required to do so by law. We may also terminate the Service entirely upon 30 days' notice.
13.3 Effect of Termination
Upon termination, your license to use the Service ceases. Sections 9 (Intellectual Property), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), and 14 (Governing Law) survive termination.
14. Governing Law and Disputes
These Terms are governed by the laws of the State of New Mexico, USA, without regard to conflict of law principles.
Any dispute arising from these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If that fails, disputes shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, conducted in Albuquerque, New Mexico, or remotely by mutual agreement. You waive any right to a jury trial or class action.
Exception for EU/UK residents: If you are located in the European Union or United Kingdom, you retain the right to bring claims in the courts of your country of residence and to benefit from mandatory consumer protection provisions of your local law.
15. Entire Agreement
These Terms, together with our Privacy Policy, Acceptable Use Policy, Cookie Policy, and Refund Policy, constitute the entire agreement between you and Serica LLC regarding the Service and supersede all prior agreements.
If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force. Our failure to enforce any provision is not a waiver of our right to do so in the future.
16. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by email at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.
17. Contact
For questions about these Terms, contact us at legal@sericavpn.com or by mail at:
Serica LLC
1209 Mountain Road PL NE, Suite H
Albuquerque, NM 87110, USA