HibariVPN

Terms of Service

Effective date: September 27, 2026

1. Introduction

Welcome to Hibari VPN. These Terms of Service (the "Terms") are a binding contract between you and Cetology Labs LLC ("Cetology Labs," "Hibari VPN," "we," "us," or "our"). They govern your access to and use of the hibarivpn.com website, the Hibari VPN waitlist, the Hibari VPN service, and our apps (collectively, the "Services").

Please read these Terms carefully. Section 16 contains an Arbitration Agreement that requires most disputes between you and us to be resolved by binding individual arbitration. It waives your right to a jury trial and to take part in a class action, unless you opt out as described in Section 16(h).

By joining the waitlist, creating an account, purchasing a subscription, or otherwise using the Services, you agree to these Terms. If you do not agree, do not use the Services.

These Terms incorporate our Privacy Policy, available at hibarivpn.com/privacy.

2. Will These Terms Ever Change?

We may update these Terms from time to time. If we make a material change, we will notify you by email before the change takes effect and update the effective date above. If you do not agree to the updated Terms, you must stop using the Services and cancel as described in Section 10. If you keep using the Services after the updated Terms take effect, you agree to them.

Changes to the Arbitration Agreement in Section 16 will not apply to any dispute of which we had actual notice before the change took effect.

3. Who Can Use the Services?

You may use the Services only if you are at least 18 years old, a resident of the United States, and able to form a binding contract with us. You may not use the Services if we have previously terminated your account.

4. How Does the Waitlist Work?

Joining the waitlist is free and does not commit you to anything. It is not a subscription, and we will not charge you for being on it. When the Services, or the wholesale price we describe on our website, become available, we will email you. You then decide whether to subscribe.

Launch dates, signup targets, and expected prices shown on our website are estimates. They are not promises that the Services will launch by a particular date or at a particular price.

5. What Is the Service?

Hibari VPN provides encrypted virtual private network ("VPN") access. We buy VPN capacity at wholesale rates from established third-party VPN providers ("Upstream Providers") and provide it to you. Upstream Providers operate the VPN servers and supply the apps you use to connect. We choose Upstream Providers that publish a no-logging policy verified by an independent auditor, as described in our Privacy Policy.

We may change Upstream Providers, server locations, supported apps and devices, protocols, and other features over time. If a change materially reduces what you are paying for, we will tell you, and you may cancel.

6. How Is the Price Set?

Hibari VPN is priced at cost. The subscription price is set to recover what the service costs us to provide, including the wholesale price we pay Upstream Providers and a buffer for cost variance, without a profit margin for us. On top of the subscription price, we pass through the fees our payment processor charges for your payments, and any sales tax that applies. We show these amounts before you subscribe.

Costs outside our control can change, and the price can go up or down. Your rate is fixed for your current billing period. At each renewal, your rate changes to the price then in effect. We will give you at least 30 days' notice before any increase takes effect. The increase applies starting with the first renewal at least 30 days after we send that notice, and you may cancel before then.

7. Your Account

You are responsible for keeping your sign-in and VPN credentials secure and for all activity under your account. Your account is for your own use on your own devices, up to any device limit in your plan. You may not share, sell, or resell your account or VPN access. Tell us right away if you think someone else is using your account.

8. What Can't I Do With the Services?

You agree not to use the Services to:

  1. break any law or regulation, or help anyone else do so;
  2. send spam, unsolicited bulk messages, or phishing messages;
  3. attack, scan, probe, or disrupt any network or system, including through denial-of-service attacks, malware, or unauthorized access;
  4. create, share, or access child sexual abuse material;
  5. infringe the copyright, trademark, or other rights of others;
  6. harass, threaten, defraud, or harm anyone;
  7. interfere with, overload, or disrupt the Services or the servers of our Upstream Providers, or get around device limits or other technical restrictions; or
  8. resell, sublicense, or provide the Services to others.

We do not monitor your traffic. If we receive a credible report that an account is being used to break these rules, or an Upstream Provider tells us so, we may suspend or terminate that account.

9. Fees and Billing

(a) Billing. We use a third-party payment processor, currently Stripe, Inc. ("Payment Processor"), to bill you through the payment method you provide. Your payments are also subject to the Payment Processor's terms and privacy policy. We may correct any error in pricing or billing, even after we have requested or received payment.

(b) Recurring Billing and Automatic Renewal. SUBSCRIPTIONS ARE BILLED IN ADVANCE ON A RECURRING BASIS FOR THE BILLING PERIOD YOU CHOOSE. BY SUBSCRIBING, YOU AUTHORIZE US TO CHARGE YOUR PAYMENT METHOD AT THE START OF EACH BILLING PERIOD, AT THE PRICE THEN IN EFFECT UNDER SECTION 6, UNTIL YOU CANCEL.

(c) Current Information. You agree to keep your billing information current. If a payment fails, we may suspend your access until it is resolved.

(d) Taxes. Prices do not include taxes unless stated otherwise. You are responsible for any sales, use, or similar taxes on your purchase, which we collect where required.

(e) Refunds. FEES ARE NON-REFUNDABLE, AND WE DO NOT PROVIDE REFUNDS OR CREDITS FOR PARTIAL BILLING PERIODS OR UNUSED SERVICE, EXCEPT WHERE REQUIRED BY LAW OR STATED IN THESE TERMS. If you cancel, you keep access through the end of the period you have paid for.

10. How Do I Cancel, and When Can You End My Account?

Cancellation by you. You may cancel your subscription at any time, and leave the waitlist or close your account by emailing [email protected] from the address on your account. To avoid being charged for the next billing period, cancel before your renewal date. Cancellation takes effect at the end of your current billing period.

Termination by us. We may suspend or terminate your account or access to the Services at any time if you violate these Terms, if an Upstream Provider requires it because of your use, or if we stop offering the Services. If we terminate your account for any reason other than your violation of these Terms, we will refund the unused portion of any prepaid fees.

Survival. Provisions of these Terms that by their nature should survive termination will survive, including Sections 9 (as to amounts owed) and 11 through 18.

11. What Doesn't the Service Promise?

A VPN encrypts your connection between your device and the VPN server and hides your IP address from the sites you visit. It does not make you anonymous. Websites can still identify you through accounts you sign in to, cookies, browser fingerprinting, and information you choose to share. A VPN does not protect you from malware or phishing.

We do not promise that the Services will be available at all times or in every location, that any particular server, speed, or location will be available, or that the Services will give you access to any particular website, streaming service, or content. Some websites and networks block VPNs. You are responsible for making sure that using a VPN is lawful where you are and is allowed by the services you access.

12. Warranty Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CETOLOGY LABS AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SUPPLIERS, INCLUDING UPSTREAM PROVIDERS (THE "HIBARI PARTIES"), DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, THE HIBARI PARTIES DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT THEY WILL MEET YOUR REQUIREMENTS.

Some states do not allow limits on implied warranties, so some of the above may not apply to you.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO LEGAL THEORY WILL ANY OF THE HIBARI PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON FOR:

(A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, ARISING FROM OR RELATED TO THE SERVICES;

(B) ANY MATTER BEYOND OUR REASONABLE CONTROL, INCLUDING OUTAGES OR ACTS OF UPSTREAM PROVIDERS, NETWORK OPERATORS, OR OTHER THIRD PARTIES; OR

(C) ANY AMOUNT, IN THE AGGREGATE, MORE THAN THE GREATER OF (I) FIFTY U.S. DOLLARS ($50) OR (II) THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

14. Indemnity

To the fullest extent permitted by law, you agree to indemnify and hold harmless the Hibari Parties from all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Services, including use by anyone using your account, or (b) your violation of these Terms or of any law or third-party right. We may, at your expense, take control of the defense of any matter for which you must indemnify us, and you agree to cooperate with that defense.

15. Intellectual Property

The Services, including our website, name, and logo, are owned by Cetology Labs or its licensors. Apps supplied by Upstream Providers are subject to those providers' licenses. Subject to these Terms, we give you a limited, personal, non-transferable right to use the Services while your account is in good standing.

16. Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND US TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, AND IT LIMITS HOW YOU CAN SEEK RELIEF FROM US.

(a) Scope. Except as provided in Sections 16(d) and 16(h), you and Cetology Labs agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or your relationship with us (a "Dispute") will be resolved by binding individual arbitration rather than in court.

(b) Informal Resolution First. Before starting arbitration, the party with a Dispute must send the other a written notice describing the Dispute and the relief requested. Notices to us go to [email protected] or to the mailing address in Section 19. Notices to you go to the email address on your account. Both parties agree to try in good faith to resolve the Dispute informally for at least 60 days after the notice is received.

(c) Rules and Procedure. If the Dispute is not resolved informally, either party may start arbitration. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, before a single arbitrator. Unless both parties agree otherwise, any in-person hearing will take place in the county where you live, or the arbitration may be conducted by video, by telephone, or on written submissions. The arbitrator may award relief only in favor of the individual party seeking it and only as needed for that party's individual claim.

(d) Small Claims and Intellectual Property. Either party may bring an individual claim in small claims court if it qualifies. Either party may seek injunctive relief in court to stop infringement or misuse of its intellectual property.

(e) Costs. Filing, administration, and arbitrator fees are governed by the AAA Rules. We will not seek to recover the fees we are responsible for unless the arbitrator finds your Dispute frivolous.

(f) Waiver of Jury Trial. YOU AND CETOLOGY LABS WAIVE ANY RIGHT TO A TRIAL IN FRONT OF A JUDGE OR JURY for Disputes subject to arbitration.

(g) Waiver of Class Actions. YOU AND CETOLOGY LABS MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. If a court finds this Section 16(g) unenforceable as to a claim, that claim alone will be severed and decided by a court.

(h) 30-Day Right to Opt Out. You may opt out of this Arbitration Agreement by emailing [email protected], or writing to the mailing address in Section 19, within 30 days after you first agree to these Terms. Include your name, the email address on your account, and a clear statement that you want to opt out. If you opt out, the rest of these Terms still apply, and Disputes will be resolved as described in Section 17.

(i) Survival and Severability. This Arbitration Agreement survives the end of your account. Except as provided in Section 16(g), if any part of it is found unenforceable, the rest remains in effect.

17. Governing Law and Venue

These Terms, and any Dispute between you and us, are governed by the Federal Arbitration Act, applicable federal law, and the laws of the Commonwealth of Massachusetts, without regard to its conflict of law rules. Any Dispute not subject to arbitration must be brought only in the state or federal courts located in Boston, Massachusetts, except for small claims under Section 16(d). You and we consent to the personal jurisdiction of those courts.

18. Miscellaneous

Time Limit for Claims. To the fullest extent permitted by law, any Dispute must be brought within one (1) year after the claim arises, or it is permanently barred.

Assignment. You may not transfer these Terms or your account without our written consent. We may assign these Terms, including in connection with a merger, acquisition, or sale of assets.

Waiver and Severability. Our failure to enforce any part of these Terms is not a waiver. If any provision is found unenforceable, it will be limited to the minimum extent necessary, and the rest of these Terms will remain in effect.

Entire Agreement. These Terms and our Privacy Policy are the entire agreement between you and us about the Services.

Force Majeure. We are not liable for any delay or failure caused by events beyond our reasonable control.

19. Contact Us

Questions about these Terms? Contact us:

Cetology Labs LLC 82 Wendell Ave. Ste 100 Pittsfield, MA 01201 [email protected]