Last Updated: 06-30-23
These Terms of Service (“Terms”) govern access to and use of the Mullvad VPN Services (as such term is defined below) by the Customer (defined below). The “Parties” refer to Tailscale Inc. or a Tailscale Inc. Affiliate (together, “Tailscale,” “we”, “our” or “us”) and Customer (also referred to as “you” and “your”), and “Party” refers to each of Tailscale and you.
By clicking an “I agree” or “I accept” button, or using the Mullvad VPN Services, you agree to be bound to these Terms. If you order the Mullvad VPN Services through an on-line registration page or an order form (each an “Order Form”), each such Order Form may contain additional terms and conditions and unless expressly set forth otherwise, such additional terms and conditions are hereby incorporated into the Terms in relation to your use of the Mullvad VPN Services. In the event of a conflict, the Order Form prevails over these Terms.
We may revise these Terms from time to time or any additional terms and conditions that are relevant to the Mullvad VPN Services. We will post the revised terms on our website with a “last updated” date. IF YOU CONTINUE TO USE THE MULLVAD VPN SERVICES AFTER THE REVISIONS TAKE EFFECT, YOU AGREE TO BE BOUND BY THE REVISED TERMS. You agree that we shall not be liable to you or to any third party for any modification of the Terms.
YOU REPRESENT AND WARRANT TO TAILSCALE THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO THESE LEGALLY BINDING TERMS. IF YOU ARE USING THE MULLVAD VPN SERVICES ON BEHALF OF ANOTHER INDIVIDUAL OR ENTITY, YOU HEREBY REPRESENT AND WARRANT TO TAILSCALE THAT YOU HAVE THE AUTHORITY TO BIND SUCH INDIVIDUAL OR ENTITY TO THESE TERMS.
These Terms are entered into the earlier of (the “Effective Date”): (a) the date you first use the Mullvad VPN Services; and (b) the date you agree to be bound by these Terms.
As used in the Terms, the following capitalized words have the meaning set out below. Capitalized terms used and not defined herein shall have the meaning given such terms in the Tailscale Agreement.
1.1. “Customer” means the entity that has entered into the Tailscale Agreement.
1.2. “Mullvad VPN Services” means Mullvad’s back-end VPN network service as the same is further described in the Documentation.
1.3. “Tailscale Agreement” means either the Master Services Agreement entered into by you and Tailscale, applicable, and if not, the Tailscale Terms of Service available on Tailscale’s website.
Mullvad VPN Services.
2.1. General. The Mullvad VPN Services are offered to Customer as part of the Tailscale Solution and these Terms are subject to the terms of, and form a part of, the Tailscale Agreement. For clarity and without limiting the generality of the foregoing, except as otherwise set forth herein, all of the provisions applicable to the Tailscale Solution in the Tailscale Agreement are applicable to the Mullvad VPN Services, including, without limitation, Tailscale’s rights of suspension and termination with respect thereto. To the extent there is a conflict between these Terms and the Tailscale Agreement regarding the Mullvad VPN Services, these Terms shall govern.
2.2. Customer’s use of the Mullvad VPN Services. Customer will only use the Mullvad VPN Services in accordance with instructions provided by Tailscale in the Documentation. Upon termination or expiration of these Terms for any reason, Customer’s right to access or use the Mullvad VPN Services shall immediately cease.
2.3. Changes to the Mullvad VPN Services. Customer acknowledges that there may be changes to the functionality and/or operation of the Mullvad VPN Services and Tailscale shall not be liable for any such change. If Customer does not like any such change, it may, as its sole recourse, stop using the Mullvad VPN Services.
2.4. SLA; Customer Support. The Mullvad VPN Services will be made available to the Customer in accordance with the service levels and support set forth at https://mullvad.net/help/terms-service/. Any service level provided to you for the Tailscale Solution pursuant to the Tailscale Agreement shall not apply to the Mullvad VPN Services.
Notwithstanding anything to the contrary set forth in the Tailscale Agreement, Tailscale will not include your use of the Mullvad VPN Services in any marketing materials without your permission.
These Terms shall remain in place until the earlier of: (x) such time as the Tailscale Agreement is terminated in accordance with the terms thereof; and (y) such time as Tailscale terminates these Terms by providing you with thirty (30) days advance written notice thereof.