Proton
Proton's terms are notably privacy-friendly compared to most tech companies, with strong data protection commitments and Swiss law governance. However, US users face mandatory arbitration and class action waivers that limit legal recourse. The company reserves broad rights to suspend accounts and delete inactive free accounts after 12 months.
Good news — Proton now gives free users twice as long before they might lose an inactive account. You now have 2 years of inactivity instead of 1 year before Proton could delete your account and data. Just log in or use the app at least once every 2 years to stay active.
See the full change →The Bottom Line
AI-generated summary of the terms as we read them. Opinion, not legal advice.
Proton's terms are notably privacy-friendly compared to most tech companies, with strong data protection commitments and Swiss law governance. However, US users face mandatory arbitration and class action waivers that limit legal recourse. The company reserves broad rights to suspend accounts and delete inactive free accounts after 12 months.
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Notable Clauses
“both you and the Company agree that any and all disputes, actions, claims, or other controversies arising out of or relating in any way to these Terms, your Account, the Services, your use of (or lack of use of) or access to (or lack of access to) your Account or the Services, or any advertising, pr...”
“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).”
“you and the Company each agree that any proceeding to resolve any dispute, claim, or controversy will be brought and conducted only in the respective party's individual capacity and not as part of any class (or purported class), consolidated, multiple-plaintiff, or representative action or proceedin...”
“The Company reserves the right to suspend or delete free Accounts that have been inactive for a consecutive period of 12 months and/or part or all of their associated data and content according to this section.”
“Any Account found to be committing any of the listed unauthorized activities will be immediately suspended or restricted accordingly (which can include features and capabilities restrictions).”
“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.”
“If you are a business user (anywhere in the world) or a consumer user (residing outside of the United States of America), you agree that these Terms shall be governed in all respects by the substantive laws of Switzerland, to the maximum extent permitted by law.”
“You may cancel your subscription within 30 days of the initial purchase and receive a refund for any unused portion of the service period.”
Protect Yourself
ACTIONABLESettings and actions you can take to limit your exposure
Opt Out of US Arbitration
US users can escape forced arbitration by sending written notice within 30 days of agreeing to terms
- Write a letter stating you opt out of arbitration provisions
- Mail to: Proton AG, Attn: Legal, Route de la Galaise 32, 1228 Plan-les-Ouates, Geneva, Switzerland
- Send within 30 days of first accepting Proton's terms
Keep Free Account Active
Log in at least once every 12 months to prevent account deletion
- Set a yearly calendar reminder for 11 months from now
- Log into any Proton service (web, mobile, or desktop app)
- Check your inbox or connect to VPN to register activity
Enable Account Recovery
Set up recovery email to get deletion warnings and account access options
- Go to Settings → Recovery
- Add a non-Proton recovery email address
- Verify the recovery email when prompted
Export Your Data Regularly
Download backups since Proton can't recover encrypted data if you lose access
- Go to Settings → Data and privacy → Export data
- Select which services to export (Mail, Calendar, Drive, etc.)
- Download the exported files to a secure location
Better Alternatives in Productivity
These productivity services have a higher Rights Score on their terms
Disclaimer: The clauses shown above are excerpts from publicly available Terms of Service documents. Ratings and severity levels reflect community and AI assessment, not legal advice, factual claims, or determinations about a company's legality or intent. Clauses marked “VERIFIED” have been confirmed as exact quotes from the source document. Clauses marked “AI-extracted” were identified by AI and may contain errors. Always verify against the original TOS.
Get notified when Proton updates their TOS
We'll email you what changed and what it means
By subscribing, you agree to our Terms and Privacy Policy.