Terms of Service

1. Acceptance of these Terms

By accessing or using any part of the Service you accept these Terms in full. If you are entering into these Terms on behalf of a company or other organization, you represent that you have the authority to bind that organization, and "you" refers to that organization.

If you do not agree with any part of these Terms, your sole remedy is to stop using the Service.

2. Who we are and how to reach us

The Service is operated by Proxya, the business trading under that name and providing the Service through the website proxya.co. Proxya contracts with you directly and in its own name.

Proxya is your sole contracting party for the Service and is responsible to you for its provision under these Terms. Correspondence is conducted electronically at the addresses below, and we answer every channel in English.

• Accounts, orders and technical support — [email protected]
• Contractual, legal and formal notices — [email protected]
• Data protection and privacy requests — [email protected]
• Abuse reports and requests from law enforcement — [email protected]

3. Definitions

"Service" means the proxya.co website, dashboard, API and all proxy products and related services we provide. "Account" means the registered profile through which you access the Service. "Order" means any purchase of a proxy plan, subscription, bandwidth or other product. "Content" means any data, text or material transmitted through the Service. "Infrastructure Partners" means the data-centre operators, network carriers, connectivity providers and software vendors engaged by Proxya in operating the Service. "Consumer" means an individual acting wholly or mainly outside their trade, business, craft or profession.

4. Eligibility and account registration

You must be at least 18 years old and legally capable of entering into a binding contract to use the Service. The Service is not available to anyone previously suspended or removed from it.

To purchase products you must register an Account and provide accurate, current and complete information. You are responsible for keeping your credentials confidential and for all activity that occurs under your Account. You must notify us immediately at [email protected] if you suspect any unauthorized use of your Account.

5. The Service we provide

Proxya provides commercial proxy connectivity — residential, ISP, datacenter, dedicated and other proxy products — together with the dashboard, API, provisioning, account management, billing and support through which you use them. We contract with you as principal: your agreement for the Service is with Proxya, and Proxya answers to you for it.

Delivering proxy connectivity combines systems operated by Proxya with network capacity, facilities, transit and software obtained from our Infrastructure Partners. How the Service is engineered, and which partners, technologies and network resources are used to deliver it, is determined by us and may change at any time, provided the Service continues to correspond to the description under which you ordered it.

We may add, modify, suspend or discontinue any feature or product at any time. Specifications such as location coverage, pool size, concurrency and speed are given in good faith, depend on live network conditions and may vary.

6. Acceptable use

Your use of the Service is governed by our Acceptable Use Policy, which is incorporated into these Terms by reference. You agree to use the Service only for lawful purposes and in compliance with all applicable laws and with the terms of the destinations you access.

We reserve the right to investigate suspected violations and to suspend or terminate access immediately, without refund, where we reasonably believe the Service is being misused.

7. Orders, pricing and payment

Prices are displayed on the Service and may be updated from time to time. The price applicable to your Order is the price shown at the time of purchase. Unless stated otherwise, prices are exclusive of any taxes, levies or duties for which you are solely responsible.

Payments are processed by third-party payment providers, including cryptocurrency gateways. Where you pay in cryptocurrency, the amount due is calculated at the rate quoted when the payment request is generated and remains valid only for the period shown; an underpayment, a late payment or a payment sent to an expired address may not be credited automatically, and network fees are borne by you. Account balances and prepaid credits are not interest-bearing and have no cash value beyond their use within the Service.

You agree to provide accurate billing information and confirm that you are authorized to use any payment method you submit. An Order is accepted, and the contract for it is concluded, when we confirm provisioning in your Account.

8. Verification, sanctions and export control

You represent and warrant that you are not located in, ordinarily resident in, or acting on behalf of any person in a country or territory subject to comprehensive economic sanctions, and that you are not designated on — or owned or controlled by a person designated on — any applicable sanctions list, including those maintained by the United Nations, the United Kingdom, the European Union and the United States.

We may, before or after provisioning, ask you to verify your identity, your source of funds or your intended use of the Service, and may hold provisioning until that verification is complete. We may refuse, cancel or reverse any Order, and may suspend or close an Account, where we reasonably believe that proceeding would breach sanctions, anti-money-laundering or export-control law, or where information we have reasonably requested is not provided within a reasonable period.

You may not use, export or re-export the Service, or make it available to any person, in breach of applicable export-control or sanctions law.

9. Refunds

Refunds are governed by our Refund Policy, which is incorporated into these Terms by reference. In short, because proxy resources — in particular dedicated and static IP addresses — are reserved for you the moment they are issued, IPs that have already been issued or activated and bandwidth that has already been consumed are generally non-refundable. Eligible refund requests within the stated guarantee window are handled as described in the Refund Policy.

10. Right to cancel (consumers in the EEA and the United Kingdom)

If you are a Consumer resident in the European Economic Area or the United Kingdom, you normally have fourteen (14) days from the conclusion of the contract to withdraw from it without giving a reason.

The Service is a digital service supplied immediately: proxy addresses, credentials or bandwidth are provisioned to your Account as soon as your Order is paid. By placing an Order and asking for immediate provisioning, you expressly request that we begin performance during the withdrawal period, and you acknowledge that you lose the right of withdrawal once the Service has been fully performed. Where performance has begun but is not complete, you may cancel and pay a proportionate amount for what has already been supplied.

To exercise the right of withdrawal, send a clear statement to [email protected] before performance is complete. Nothing in this section limits our Refund Policy, which in several respects gives you more than the law requires.

11. Service availability

We aim to provide a high level of availability and target 99.9% uptime, but we do not guarantee that the Service will be uninterrupted, error-free or always available. Availability may be affected by maintenance, the condition of partner networks and transit, routing and network events, and factors beyond our reasonable control.

Where reasonably possible, planned maintenance will be announced in advance. We are not liable for losses arising from service interruptions outside our reasonable control.

12. Customer responsibilities

• Keep your account credentials and API keys secure and do not share them with unauthorized parties.
• Ensure that your use of the Service, and of any data you collect through it, complies with applicable laws and the terms of the websites and services you access.
• Do not resell, sublicense or redistribute the Service without our prior written consent.
• Cooperate with reasonable requests relating to security, abuse prevention and verification of your identity or use case.

13. Suspension and termination

We may suspend or terminate your Account or access to the Service at any time, with or without notice, if you breach these Terms or our policies, if required by law or by a competent authority, or to protect the integrity, security or lawful operation of the Service. Where the circumstances allow, we will give notice first and limit any suspension to what is necessary.

You may stop using the Service and request closure of your Account at any time by contacting support. Termination does not entitle you to a refund except as set out in the Refund Policy. Provisions that by their nature should survive termination (including payment obligations, disclaimers, limitations of liability, indemnities and sections 22 to 25) will survive.

14. Intellectual property

The Service, including its software, design, text, graphics, logos and the "Proxya" name, is owned by or licensed to Proxya and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable and revocable right to use the Service in accordance with these Terms.

You may not copy, modify, distribute, reverse-engineer or create derivative works from any part of the Service except as expressly permitted in writing or by applicable law.

15. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that any particular IP, location or pool will be available, unblocked, or suitable for a specific target.

You are responsible for determining whether the Service is appropriate for your use case and for complying with the rules of any destination you access.

Nothing in this section excludes or limits any warranty, condition or right that cannot lawfully be excluded, including the statutory rights of Consumers.

16. Limitation of liability

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded.

Subject to the paragraph above and to the maximum extent permitted by law, Proxya and its partners and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or business, arising out of or relating to the Service.

Subject to the first paragraph of this section and to the maximum extent permitted by law, our total aggregate liability for all claims relating to the Service will not exceed the total amount you paid to us for the Service during the three (3) months immediately preceding the event giving rise to the claim.

If you are a Consumer, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or of our failure to use reasonable care and skill, and the limits in this section apply only so far as the law allows.

17. Indemnification

You agree to indemnify and hold harmless Proxya, its officers, personnel and Infrastructure Partners from and against any claims, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of your use of the Service, your Content, or your breach of these Terms or of any applicable law.

This section does not apply to you where you use the Service as a Consumer.

18. Privacy and data protection

Your use of the Service is also governed by our Privacy Policy and, where applicable, our Data Processing Agreement, both incorporated into these Terms by reference. We do not inspect or store the content of traffic routed through our proxies; we process only the data described in the Privacy Policy.

19. Changes to the Service and to these Terms

We may update these Terms from time to time. When we make material changes we will take reasonable steps to notify you, for example by email or through a notice on the Service. Changes take effect on the date stated in the updated Terms. Your continued use of the Service after that date constitutes acceptance of the revised Terms.

If a material change is to your disadvantage, you may stop using the Service and close your Account before the change takes effect; any refund is then handled under the Refund Policy.

20. Complaints

If something goes wrong, tell us first: send a description of the problem, your Account email and any relevant order numbers to [email protected]. We will acknowledge your complaint within five (5) business days and give a substantive response within thirty (30) days, or explain why we need longer.

Most disputes are resolved at this stage, and we will not treat a complaint made in good faith as a reason to suspend or degrade your Service.

21. Dispute resolution

Before starting formal proceedings, the parties will attempt in good faith to resolve the dispute through the complaints procedure above and, where that does not settle it, by direct negotiation for a period of thirty (30) days.

Nothing in this section prevents either party from applying to a court of competent jurisdiction for injunctive or other urgent relief, in particular to protect intellectual property or to stop misuse of the Service.

22. Governing law and jurisdiction

These Terms, their subject matter and their formation, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims), are governed by and construed in accordance with the law of England and Wales.

The courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim, subject to the following. If you are a Consumer, you keep the benefit of any mandatory protections of the law of the country in which you are resident: you may bring proceedings either in the courts of that country or in England and Wales, and we will bring proceedings against you only in the courts of the country in which you are resident.

23. Notices

We may give notice by email to the address registered on your Account, or by posting a notice in the dashboard; a notice is treated as received on the day it is sent or posted, unless it is sent outside business hours, in which case it is treated as received on the next business day. You are responsible for keeping your registered email address current and for ensuring that our messages are not blocked or filtered.

Formal notices to us must be sent to [email protected] and take effect when we confirm receipt or, if earlier, two (2) business days after they are sent.

24. Language

These Terms are published in English, Russian and Chinese for convenience. In the event of any inconsistency between the versions, the English version prevails, except where the mandatory law of your country of residence requires the version in your own language to apply.

25. General

These Terms, together with the policies referenced in them, constitute the entire agreement between you and Proxya regarding the Service and supersede any prior understanding on the same subject. If any provision is held to be unenforceable, it is severed and the remaining provisions remain in full force. Our failure to enforce a provision is not a waiver of it.

You may not assign or transfer these Terms without our written consent; we may assign them to a successor or affiliate, provided your rights under them are not reduced. Neither party is liable for failure or delay caused by events beyond its reasonable control (force majeure). Nothing in these Terms creates a partnership, agency or employment relationship between the parties.

A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of their provisions.

26. Contact

Questions about these Terms can be sent to [email protected], and the full list of contact channels is in section 2. If you need additional details about the operator for your own compliance, procurement or invoicing purposes, write to [email protected] and we will respond with the details we are able to provide.