Terms of Service

1Definitions

For the purposes of this Agreement, the following terms shall have the meanings set forth below:

• "Proxiware LLC" (also "Proxiware", "we", "us", or "our") refers to Proxiware LLC, a limited liability company registered in the State of Delaware, providing internet proxy access and related infrastructure services.
• "User" (also "you" or "your") refers to any individual or entity who registers for, accesses, or uses the Services, including any employee, agent, or contractor accessing the Services on behalf of an entity.
• "Services" refers to all proxy products, APIs, dashboards, tools, documentation, and any other offerings made available by Proxiware LLC, including but not limited to rotating residential proxies, static ISP proxies, unlimited residential proxies, mobile proxies, datacenter proxies.
• "Account" means the account created by User to access the Services.
• "Account Credit" means any prepaid funds deposited by User into their Proxiware account balance.
• "Content" means any information, data, text, materials, or other content transmitted through or generated by the Services.
• "AUP" refers to the Proxiware Acceptable Use Policy, available at proxiware.com/legal/aup, incorporated herein by reference.

2Eligibility & Account Registration

You must be at least eighteen (18) years of age and legally capable of forming a binding contract under applicable law to register for and use the Services. By creating an Account, you represent and warrant that:

• You are at least 18 years old;
• You have the legal authority and capacity to enter into this Agreement;
• All registration information you provide is accurate, current, and complete, and you will maintain its accuracy;
• Your use of the Services does not violate any applicable law or regulation;
• If you are acting on behalf of a legal entity, you have the authority to bind that entity to this Agreement.

You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to notify Proxiware immediately at [email protected] of any unauthorized use of your Account. Proxiware shall not be liable for any losses arising from unauthorized Account access resulting from your failure to safeguard your credentials.

Proxiware reserves the right to refuse registration, suspend, or terminate any Account at its sole discretion, including but not limited to Accounts associated with fraudulent activity, policy violations, or potential legal liability.

3Services

Proxiware provides access to proxy infrastructure services on a subscription or pay-per-use basis. The specific features, pricing, and availability of each service are described on our website and may be updated from time to time.

Proxiware does not guarantee uninterrupted or error-free service. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time with or without notice. Scheduled maintenance and emergency downtime may occur. Proxiware shall not be liable for any interruption, modification, or discontinuation of Services.

Proxiware may offer free trials at its discretion. Free trial terms, including duration and feature access, will be specified at the time of offer. Proxiware reserves the right to modify or terminate free trial offerings at any time without notice.

4Acceptable Use

Your use of the Services is subject to our Acceptable Use Policy, which is incorporated into this Agreement by reference. You agree to comply with all applicable laws, regulations, and third-party rights when using the Services.

Without limiting the foregoing, you agree not to use the Services to:

• Engage in any activity that violates local, state, national, or international law or regulation;
• Transmit or distribute malware, viruses, spyware, ransomware, or any other malicious code;
• Perform unauthorized intrusion, penetration testing, or security assessments of systems you do not own or have explicit written permission to test;
• Conduct distributed denial-of-service (DDoS) attacks or any other form of network disruption;
• Engage in phishing, spoofing, credential stuffing, or identity fraud;
• Scrape websites or services in violation of their terms of service or applicable law;
• Circumvent geographic restrictions or sanctions imposed by applicable law;
• Generate unsolicited commercial communications (spam);
• Exploit, harm, or attempt to exploit minors.

Proxiware reserves the right to monitor usage and investigate suspected violations. Violations may result in immediate suspension or termination of your Account and referral to law enforcement authorities.

5Payment & Billing

Proxiware offers Services on a prepaid, subscription, and pay-per-use basis. All fees are stated in United States Dollars (USD) and are exclusive of applicable taxes unless otherwise stated.

All payments are final and non-refundable except where Proxiware expressly agrees otherwise in writing on a case-by-case basis. You acknowledge that proxy bandwidth consumed cannot be reclaimed, and that access to proxy infrastructure is delivered immediately upon payment, which constitutes full performance of the contracted service.

Proxiware reserves the right to:

• Change pricing at any time with reasonable notice posted on the website;
• Suspend Services for accounts with failed or disputed payments;
• Charge applicable taxes, levies, or duties as required by law.

If you dispute a charge with your payment provider (chargeback) without first contacting Proxiware support, Proxiware reserves the right to immediately suspend your Account, terminate the Agreement, and pursue recovery of outstanding amounts plus any chargeback fees imposed on Proxiware by the payment processor.

Proxiware accepts payment via credit/debit card and cryptocurrency. Cryptocurrency payments are processed through third-party processors and are subject to those processors' terms. Cryptocurrency transactions are irreversible.

6Account Credit

Account Credit deposited by you into your Proxiware account balance is strictly non-refundable under any circumstances. By depositing funds (fiat currency or cryptocurrency) into your Account, you expressly acknowledge and agree that:

• The deposited amount immediately becomes a prepaid credit balance held for future service consumption;
• The credit has no cash value and may not be transferred, sold, or exchanged for currency;
• The credit is forfeited upon account termination for material policy violations;
• Proxiware assumes no obligation to refund unused credit balances except where required by applicable law.

Proxiware may, at its sole discretion, apply promotional credits, bonuses, or adjustments to your account. Such credits carry no cash value and are subject to expiration and eligibility requirements.

7Proxy Usage Restrictions

The Services are provided solely for lawful purposes. You acknowledge that:

• You are solely responsible for all activities conducted through the Services using your Account credentials;
• You may not resell, sublicense, or redistribute access to Proxiware's proxy infrastructure without prior written authorization from Proxiware;
• You may not use the Services to access systems, networks, or data without proper authorization from the owners of such systems;
• You may not attempt to circumvent any rate limiting, IP rotation controls, or authentication mechanisms built into the Services;
• You may not reverse engineer, decompile, or otherwise attempt to derive source code, algorithms, or infrastructure details from the Services;
• You may not use the Services to bypass sanctions lists (OFAC, EU, UN) or access jurisdictions in which such access is prohibited by law.

Proxiware operates a shared proxy infrastructure. Misuse that adversely impacts other customers or the integrity of the network may result in immediate account suspension without refund.

8Intellectual Property

All intellectual property rights in and to the Services, including but not limited to trademarks, trade names, logos, software, APIs, documentation, and website content, are and shall remain the exclusive property of Proxiware LLC or its licensors. Nothing in this Agreement grants you any ownership interest in Proxiware's intellectual property.

Subject to your compliance with this Agreement, Proxiware grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business or personal purposes. This license does not include the right to:

• Copy, modify, distribute, or create derivative works based on the Services or any part thereof;
• Use Proxiware's trademarks, logos, or branding without prior written consent;
• Sublicense or transfer your rights under this license to any third party.

Any feedback, suggestions, or ideas you provide regarding the Services may be used by Proxiware without obligation, compensation, or attribution to you.

9Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROXIWARE LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION OBTAINED THROUGH THE SERVICES;
• WARRANTIES THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS.

You assume all risk associated with your use of the Services. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you to the extent prohibited by applicable law.

10Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROXIWARE LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• DAMAGES ARISING FROM THE CONDUCT OF ANY THIRD PARTY USING THE SERVICES;
• ANY OTHER INTANGIBLE LOSS,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROXIWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL PROXIWARE'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PROXIWARE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD $100).

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you to the extent prohibited by applicable law.

11Indemnification

You agree to defend, indemnify, and hold harmless Proxiware LLC and its officers, directors, employees, contractors, agents, licensors, suppliers, and successors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or related to:

• Your use of or access to the Services;
• Your violation of this Agreement or any applicable law or regulation;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or contractual rights;
• Any Content transmitted through your Account;
• Any unauthorized access to the Services using your Account credentials.

Proxiware reserves the right to assume exclusive control of the defense of any matter subject to indemnification by you, in which case you agree to cooperate fully with Proxiware's defense.

12Termination

Either party may terminate this Agreement at any time. You may terminate by closing your Account and ceasing use of the Services. Proxiware may terminate or suspend your Account and access to the Services immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of this Agreement or the AUP;
• Fraudulent, abusive, or unlawful activity;
• Failure to pay amounts owed;
• Requests from law enforcement or government authorities;
• Extended inactivity;
• Proxiware's business decision to discontinue the Services.

Upon termination: (a) all licenses granted to you under this Agreement immediately terminate; (b) you must cease all use of the Services; (c) any outstanding Account Credit may be forfeited if termination is due to policy violation; (d) Sections 8–17 survive termination indefinitely.

13Dispute Resolution & Arbitration

Informal Resolution. Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute by contacting Proxiware at [email protected]. The parties will attempt to resolve the dispute informally within thirty (30) days of notice.

Binding Arbitration. If informal resolution fails, all disputes, claims, or controversies arising out of or relating to this Agreement or the Services shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted in English, seated in Delaware, and the arbitrator's decision shall be final and binding.

Exceptions. Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

14Class Action Waiver

YOU AND PROXIWARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

If this class action waiver is found to be unenforceable in any action or proceeding, then the mandatory arbitration clause above shall be null and void with respect to such proceeding, and the proceeding shall proceed in court.

15Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions. Subject to the arbitration clause above, you irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Delaware for any dispute that is not subject to arbitration.

16Modifications

Proxiware reserves the right to modify this Agreement at any time. When we make material changes, we will update the "Effective Date" at the top of this page and may notify you via email or an in-app notification. Your continued use of the Services after the effective date of any modification constitutes your acceptance of the revised Agreement. If you do not agree to the modified terms, you must immediately discontinue use of the Services and close your Account.

17Entire Agreement & Severability

This Agreement, together with the Privacy Policy, KYC Policy, and Acceptable Use Policy, constitutes the entire agreement between you and Proxiware LLC with respect to the Services and supersedes all prior and contemporaneous agreements, understandings, and communications, whether written or oral.

If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The failure of Proxiware to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision.

18Contact

If you have any questions, concerns, or requests regarding this Terms of Service Agreement, please contact us: