General Terms of Service

Version No. 1.2

Updated: 27 May 2024

These Terms of Service (“Terms”) is a binding legal agreement between you and GoProxies (“we”, “us” or “our”) that governs your use of the services (the “Services”).

1. ACCEPTANCE OF TERMS

1.1. By accessing or using the Services you are fully accepting the terms, conditions and disclaimers contained in this document and all policies and guidelines that are incorporated by reference. You acknowledge that you have read and understood the Terms and agree to be bound by its terms. If you do not agree to the Terms, do not use the Services.

1.2. By agreeing to these Terms, you are also agreeing to the Privacy Policy (the “Privacy Policy”).

1.3. If you are entering into these Terms on behalf of a corporation, organization, or other legal entity, you are binding that entity to the terms herein and warranting that you possess the requisite authority to do so. In such cases, references to "you" shall pertain to said entity. Failure to possess such authority or disagreement with Terms prohibits acceptance and use of the Services.

1.4. If you are entering into these Terms as an individual, you affirm that you are at least eighteen (18) years of age. Users under the age of eighteen (18) are not permitted to register or use the Services.

1.5. You shall not use the Services in contradiction with these Terms or any Applicable Law or regulation of the country or territory you originate from or reside in or any applicable jurisdiction (the “Applicable Law”). You shall not use the Services for any purpose that is unlawful or prohibited by these Terms and the Applicable Law.

1.6. We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights

2. CHANGED TERMS

2.1. We shall have the right at any time to change or modify the Terms or any part thereof. We reserve the right to amend the fees or institute new fees at any time upon reasonable advanced notice posted on this website, application or sent via email. Unless it is stated by us otherwise, such changes, modifications, additions or deletions shall be effective immediately upon notice published on this website. Any use of the Services after such notice shall be deemed to constitute acceptance of such changes, modifications or additions.

3. SERVICES

3.1 Subject to the Terms, we will use commercially reasonable efforts to provide you the Services in accordance with the applicable Plan.

3.2 You agree that the geographical location of residential proxies provided under the Services will be determined using data available at www.ip2location.com.

4. RESTRICTIONS AND RESPONSIBILITIES

4.1. You will not and will not permit any other party to, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services; modify, translate, or create derivative works based on the Services (except to the extent expressly permitted by us or authorized within the Services) or remove any proprietary notices or labels.

4.2. You represent, covenant, and warrant that you will use the Services only in compliance with any and all Applicable laws, including, but not limited to, laws and regulations governing intellectual property rights. While using the Services you agree not to, and agree not to assist, encourage, or enable others to use the Services:

a) for unlawful, illicit, illegal, criminal or fraudulent activities, including but not limited to port scanning, sending spam, sending opt-in email, scanning for open relays or open proxies, sending unsolicited e-mail or any version or type of email sent in vast quantities even if the email is routed through third-party servers, any pop-up launching, use of stolen credit cards, credit card fraud, financial fraud, cryptocurrency fraud, cloaking, extortion, blackmail, kidnapping, rape, murder, sale of stolen credit cards, sale of stolen goods, offer or sale of prohibited, military and dual use goods, offer or sale of controlled substances, identity theft, hacking, pharming, phishing, digital piracy, intellectual property infringements and other similar activities;

b) to assault, interfere, gain unauthorized access, deny service in any way or form to any other network, computer or node through the Services;

c) to exploit children in any way, including audio, video, photography, digital content, etc.;

d) to upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;

e) to interfere with or attempt to interfere with the proper working of the Services, any transactions being offered in connection with the Services or any other activities conducted by us, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;

f) to exploit the Services in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity;

g) to collect or harvest personal information about other users of the Services;

h) to collect or harvest personal data of individuals, without legitimate interest or consent, or in violation of any Applicable Law;

i) to take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure;

j) to represent that you are the representative or agent of any of the Services, including any of its functionality;

k) to incorporate the Services or any portion thereof into any other program or product;

l) to copy or reproduce, in any form or by any means, any part of the Services;

m) to modify, translate, reverse engineer, decompile, disassemble, or create any derivative works based on the Services, including any of its files or documentation, or any portion thereof, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the application or any portion thereof;

n) to violate general ethic or moral norms, good customs and fair conduct norms;

o) to violate any third party’s rights, including any breach of confidence, personal data, copyright or any other intellectual property or proprietary right;

p) to threaten, stalk, harm, or harass others, or promote bigotry or discrimination;

q) to attempt to manipulate the name, services or products;

r) to solicit or harvest personal information from or communicate with minors;

s) attempt to gain unauthorized access to the Services, user accounts, computer systems or networks connected to the Services through hacking, password mining, brute force or any other means;

t) to use the Services for any military purpose, including cyberwarfare, weapons development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

4.3. Prior to providing access to the Services to an end user, you shall enter into written agreements with such end user, whereby the end user agrees to be bound by all terms and restrictions as per Section 4.2 above. You must ensure that the end users comply with their obligations.

4.4. Any breach of the foregoing obligations may result in immediate suspension of the Services and/or termination of the Terms.

4.5. You hereby agree to indemnify and hold harmless us against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from yours or end user’s use of the Services. Although we have no obligation to monitor your use of the Services, we may do so and may prohibit any use of the Services if we believe that it may be (or alleged to be) in violation of the foregoing.

4.6. You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”).

5. CONFIDENTIALITY; PROPRIETARY RIGHTS

5.1. You (the “Receiving Party”) understand that we (the “Disclosing Party”) may disclose confidential information, including, but not limited, to any document labeled as “Confidential”, (b) any information that we verbally identify as “Confidential” during disclosure, and (c) any other non-public, sensitive information disclosed by us or accessed by you through the use of the Services. Our Confidential Information includes non-public information regarding features, functionality, and performance of the Services.

5.2. You agree: (i) to take reasonable precautions to protect such Confidential Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Confidential Information. We agree that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that you can document (a) is or becomes generally available to the public, or (b) was in your possession or known by you prior to receipt from us, or (c) was rightfully disclosed to you without restriction by a third party, or (d) was independently developed without use of any Confidential Information of ours or (e) is required to be disclosed by law.

5.3. We will own and retain all right, title and interest in and to (a) the Services, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with the Services or support, and (c) all intellectual property rights related to any of the foregoing.

6. SUBSCRIPTION PLANS

6.1. Services are provided on a subscription basis for the term and in accordance with the respective plan purchased by you ("Plan Term" and "Plan," respectively, and collectively the "Plan").

6.2. We offer several Plans for our Services, which are listed on our website. During the Plan Term, you can upgrade your Plan, and we will adjust the fees accordingly on a pro-rata basis.

6.3. Upon expiration of the Plan Term, you will be enrolled into an automatic renewing cycle for the same term and for the same Plan, unless you cancel your Plan before the end of the Plan Term. The same will apply for each renewed Plan Term.

6.4. We may change the offered Plans, including the fees. Any changes will be communicated to you as per section 2 herein. Your use of the Services after such notice shall be deemed to constitute acceptance of such changes.

7. PAYMENT OF FEES

7.1. You must pay to us all applicable fees for the Services, pursuant to chosen pricing of the Plan as offered at our website.

7.2. Any fees charged by us are exclusive of taxes. Therefore, we may calculate and add any applicable taxes or fees, including, but not limited to VAT and other taxes and fees under the laws applicable to you. Such taxes and fees will be calculated according to the payment information provided by you to us at the time of purchasing the Services. For this purpose, you must provide us with an accurate information, including the information about your country of residence, and agree to indemnify and hold harmless us, our affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising in connection with the inaccurate, false or incomplete information.

7.3. By using any payment method, including debit or credit card, to purchase the Services, you confirm you are the rightful owner of such instrument or that you have permission from the account holder or cardholder to use it. Moreover, it is your responsibility to ensure that your debit or credit card account has sufficient funds to pay for the charges. We shall not be responsible for any additional charges which may be imposed on you by your bank or card issuer.

7.4. We reserve the right to block or suspend the Services, if we have reasonable cause to suspect fraudulent use of a payment account, credit or debit card.

7.5. You will be able to start using the Services within 1 (one) business day after the receipt of the Fees by us.

7.6. If your use of the Services exceeds the Services capacity as prescribed under the Plan, you will be billed for such usage as per conditions of the Plan.

7.7. You agree that purchasing the Services does not confer the right for you to seek a refund or replacement, irrespective of the circumstances of acquisition.

7.8. If you believe that we have billed you incorrectly, you must contact us no later than 14 calendar days after the charge in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to our customer support department to support@goproxies.com.

8. TERMINATION

8.1. Subject to earlier termination, the Terms shall remain in force for the Plan Term, and shall be automatically renewed for additional periods of the same duration as the initial Plan Term, unless either party requests termination.

8.2. You have the right to terminate your account with us at any time without cause by providing us thirty (30) calendar days' prior written notice to support@goproxies.com or utilize any self-service mechanisms available within the Services, as stipulated herein. Terminated accounts will not be refunded for any unused or remaining Services.

8.3. In our exclusive discretion, we reserve the right to promptly suspend the provision of Services or terminate your account and the Terms if you breach payment terms and (or) we determine that your use of the Services violates these Terms, and any relevant policies.

8.4. We may terminate the Terms at any time without cause by giving you thirty (30) days notice.

9. WARRANTY AND DISCLAIMER

9.1. We will use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services. The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by us or by third-party providers, or because of other causes beyond our reasonable control, but we will use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

10. LIMITATION OF LIABILITY

10.1. NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, WE AND OUR SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY YOU TO US FOR THE SERVICES UNDER THESE TERMS IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. MISCELLANEOUS

11.1. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

11.2. You agree that these Terms and our rights hereunder may be assigned, in whole or in part, by us or our affiliate to any third party, at our sole discretion, including an assignment in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part. You may not delegate, sublicense or assign your rights under these Terms.

11.3. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

11.4. These Terms shall be construed in accordance with the laws of the Republic of Lithuania without regard to its conflict of laws rules. You agree that any legal action arising out of or relating to these Terms shall be filed exclusively in the competent courts of the Republic of Lithuania.

11.5. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.