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TERMS OF SERVICE

TERMS OF SERVICE

Last updated: 22.05.2024

1. Introduction

Welcome to iProxy.online (“Company”, “we”, “our”, “us”, “iProxy”)!

These Terms of Service (“Terms”, “Terms of Service”) govern Customer use of our software service available at https://iproxy.online and our mobile application iProxy – Mobile Proxies (together or individually “Service”) operated by iProxy.

Our Privacy Policy also governs Customer use of our Service and explains how we collect, safeguard and disclose information that results from Customer use of our Service. Please read it here https://iproxy.online/privacy.

Customer agreement with us includes these Terms and our Privacy Policy (“Agreements”). Customer acknowledges that he/she has read and understood Agreements and agrees to be bound by them. If the Customer does not agree with (or cannot comply with) Agreements, then he/she may not use the Service.

These Terms apply to all visitors, users and others who wish to access or use the Service.

2. Definitions

2.1 Service means the https://iproxy.online website and iProxy – Mobile Proxies mobile application operated by iProxy.

2.2 Device refers to an Android mobile phone with active internet access (mobile data plan) and the iProxy Android App installed. This device serves as the physical medium through which internet connectivity is established.

2.3 Proxy is a combination of a proxy address (IP address or domain name and port) and credentials for proxy access.

2.4 Connection, in the context of iProxy, is a specific entity that links Proxies to the Device. It facilitates the connection between the user's internet traffic and selected proxy servers or OpenVPN (Ovpn-config) settings used on the device. Each Connection must have an active subscription to the iProxy Service, and it can have multiple Proxies and Ovpn-configs associated with it.

2.5 Ovpn-config is an OpenVPN access file, serving as an alternative method for users to route all their traffic through the Device via the Connection.

2.6 Customers are Individuals or entities, who enter into an Agreement with iProxy and to whom iProxy provides services in accordance with such an Agreement.

2.7 End Users are Individuals or entities, who directly use the mobile proxies, created by our Customers on iProxy software infrastructure.

2.8 Trusted sellers are iProxy Customers who are selling mobile proxies that are built by using iProxy software infrastructure to End Users and have been granted Trusted Seller status by iProxy. The list of Trusted sellers is posted on the page: Trustworthy mobile proxy sellers (iproxy.online)

3. About our Service

3.1 Description of services

3.1.1 iProxy provides the Service of software infrastructure (Software as a Service or SaaS).

iProxy solely provides its Сustomers with the infrastructure to independently create and configure their own mobile proxies on their Android devices. iProxy does not engage in the creation, generation, sale, or provision of mobile proxy servers.

Using a single Android device, a Сustomer can establish a single connection that allows them to use the IP address of that phone while working on other devices. Each Connection can have multiple Proxies and Оvpn-configs bonded with it.

IP addresses may change, but it is important to note that regardless of the IP address change, the geolocation of this IP address will always correspond to the location of the phone. (For more detailed information, you can refer to our YouTube video https://www.youtube.com/watch?v=4TRrE0ZOb-M&ab_channel=iProxy.onlineWorldWide).

The Service and its functionalities consist of:

3.1.1.1. Mobile application for cell phones that are working on the operational system Android 5+.

3.1.1.2. Web application located by address https://iproxy.online/app/

3.1.1.3. Open VPN application for Android platform https://play.google.com/store/apps/details?id=de.blinkt.openvpn&hl=en_US&gl=US. (Please also read the Privacy Policy of OpenVPN).

3.1.1.4. Telegram bot @iproxy_online_bot

3.1.2 iProxy service supports three types of connections: HTTP, SOCKS5, and OpenVPN (OVPN).

  • HTTP: HTTP (Hypertext Transfer Protocol) is a protocol used for transmitting data over the internet. It is commonly used for website browsing and accessing web resources. iProxy allows users to establish secure and encrypted HTTP connections for browsing or accessing online content.

  • SOCKS5: SOCKS5 is a protocol used for routing network packets between a client and a server. It provides authentication and encryption capabilities, making it ideal for applications that require secure data transmission. iProxy enables users to establish SOCKS5 connections, allowing them to route network traffic through a remote server.

  • OpenVPN (OVPN): OpenVPN is an open-source virtual private network (VPN) software. It creates secure connections between computers or networks over the internet. iProxy supports OpenVPN connections, allowing users to establish encrypted and secure connections to access resources or browse the internet privately.

3.1.3 The Service and its functionalities are provided on an “as is” and “as available” basis and all further developments exceeding the scope provided in this Terms of Service will be agreed upon separately. Please read also our web page https://iproxy.online/#offer for additional information.

3.1.4 In order to prevent unauthorized user actions, IProxy reserves the right to restrict access to certain websites using our service. These websites may include government websites, loan application sites, or other sites at our discretion.

3.2 Use of service

3.2.1 Service is intended only for access and uses by individuals at least eighteen (18) years old. By accessing or using any of our Services, Customer warrant and represent that he/she are at least eighteen (18) years of age and/or he/she have the full authority, right, and capacity to enter into this Agreement and abide by all of the terms and conditions of Terms, but if it is not, then he/she is prohibited from both the access and usage of Service.

3.2.2 Customers need to create an account on our website and download our mobile application.

3.2.3 Customers first create Connections through the iProxy Web-interface and pay for each separately, as well as create Proxies and Ovpn-configs for each Connection. Then, the user logs into the iProxy Android App using their iProxy credentials and selects the desired Connection. Following this, the user can use the given Proxies or Ovpn-configs to access network resources through the Connection, thereby masking their real IP address with that of the Device.

3.2.4 The Customer acknowledges that they are solely responsible for the intended use of the iProxy Service, and this intended use must comply with the guidelines outlined in section 4, titled "Prohibited Uses", within this Terms of Service document.

3.2.5 Customer acknowledges that he/she is entirely responsible for applicable mobile network operator (connection service provider) terms of service. Such terms may contain the restrictions of sharing or reselling the network operator’s services, data and connections. iProxy does not verify such restrictions and cannot be held responsible for breaching such terms as it only provides the software infrastructure. Customer is fully responsible for any restrictions, posed penalties, financial and other damages applicable to the proxy he/she creates.

3.2.6 Customer will be provided with an account on the Platform, access to which is restricted using the login password specified when creating the account, as described in section 2.3. “Accounts”.

3.2.7 In the event that the Customer shares information about iProxy with third parties, the Customer is obligated to ensure that such information is truthful and aligns with the information published on iProxy's resources, and specifically, does not contradict such information.

3.3 Accounts

3.3.1 Accounts may be registered only by adults that fulfill the requirements described in section 2.2.1.

3.3.2 The Account and the Service are protected by information security safeguards by us and our service providers according to the risk level posed to such platforms and services. Customer data, such as passwords, are protected by Argon2 encryption.

3.3.3 To create a iProxy account Customer must:

3.3.3.1 open official iProxy.online web page https://iproxy.online and start sign-up process;

3.3.3.2 complete the sign-up form on the web page;

3.3.3.3 accept these Terms by clicking “Sign up”;

3.3.3.4 download application from Google Play (or APK file);

3.3.3.5 Open the iProxy application and login to your account;

3.3.3.6 To complete setup follow the on-screen instructions to allow the application to access the necessary functions or settings on your device according to the video instructions: https://iproxy.online/blog/guide-for-setting-up-mobile-proxies-in-iproxyonline

3.3.4 Customer responsibilities when creating and managing iProxy account:

  • When creating an account with us, Customer guarantees that the information he/she provides is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of Customer account on Service (also described in section 15. „Termination").

  • Customer may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than the Customer, without appropriate authorization. Customer may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse Service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

  • Customer is responsible for maintaining the confidentiality of his/her account and password, including but not limited to the restriction of access to his/her computer and/or account.

  • Customer agrees to accept responsibility for any and all activities or actions that occur under his/her account and password, whether his/her password is with our Service or a third-party service.

  • Customer must notify us immediately upon becoming aware of or suspects of any breach of security or unauthorized use of his/her account through the official contacts provided under the section 20. “Contacts”.

3.4 Know Your Customer

iProxy performs Customer background checks (Know Your Customer „KYC") procedures in certain situations at our sole discretion or when required by law. We give Customer further information on the KYC process if such needs arise. For the KYC process we use a third party service provider, which means that certain information regarding Customer needs to be transferred to such a service provider for the purpose of identity check (https://sumsub.com/), international sanctions lists check or other legally binding background checks for iProxy.

3.5 Team mode

3.5.1 iProxy offers the option of collaborative management of Connections for multiple Customers. This feature is available in the settings of each individual Connection under the "Pro" section when the "Team" mode is enabled.

3.5.2 With this feature, Customers can grant access to manage specific proxy connections to another user or users by providing their iProxy account login. Once added, another user will have the Connection in their connection list and will be able to manage it, except for paying and deleting the proxy connection.

3.5.3 Each Customer has the ability to remove himself from the team access to the connection.

3.5.4 The payment for such Connection can only be made by the owner of proxy connections, and other team members cannot make payment or extend the tariff.

  1. Prohibited Uses

4.1 Customer may use Service only for lawful purposes and in accordance with these Terms. Customer use of our Services is subject to all applicable laws and regulations in any applicable jurisdiction, and Customer is solely responsible for the substance of his/her actions through our Service.

4.2 Customer hereby agrees not to use iProxy Service:

4.2.1 For committing a crime, breach any applicable law or entice or invite others to carry out such illegal actions or unlawful purpose, including but not limited to money laundry, terrorism, child abuse, narcotics or human trafficking, avoiding any international sanctions, etc;

4.2.2 For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise;

4.2.3 To transmit, or procure the sending of “junk mail”, “chain letter,” “spam,” or any other similar solicitation;

4.2.4 To impersonate or attempt to impersonate another user, or any other person or entity;

4.2.5 In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity in any applicable jurisdiction;

4.2.6 To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend us or users of Service or expose them to liability;

4.2.7 In any way that violates any applicable national or international law or regulation.

4.3 Customer hereby declares that prior or during the use of Service he/she will not:

4.3.1 Use Service in any manner that could disable, overburden, damage, or impair Service;

4.3.2 Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent;

4.3.3 Use any device, software, or routine that interferes with the proper working of Service;

4.3.4 Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;

4.3.5 Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service;

4.3.6 Attack Service via a denial-of-service attack or a distributed denial-of-service attack;

4.3.7 Otherwise attempt to interfere with the proper working of Service.

4.4 Customer hereby agree that we may at any time, and at our sole discretion, terminate or temporarily suspend our Services and Customer account, or other affiliation with our web page, mobile application and Service without prior notice to Customer for violating any of the above provisions.

4.5 Customer hereby acknowledge that we may at any time, and at our sole discretion, deny Service, terminate or temporarily suspend our Services and Customer account, or other affiliation with our web page, mobile application and Service without prior notice to Customer located in countries that are listed in any international sanctions list.

4.6 Customer hereby acknowledge that we will cooperate fully with investigations conducted by law enforcement authorities to investigate the possible infringement of applicable laws and/or prohibited use of our Service. Violation of laws and systems or network security may incur criminal or civil liability.

  1. Subscription and Fees

5.1 Free trial and subscription

5.1.1 A subscription is established for each Connection. 5.1.2 In order to use iProxy Services, Customer must first subscribe to the iProxy Free trial for 48 hours. A trial period is provided to each new Customer when creating their first connection. The trial period can only be used once on a single device. 5.1.3 If, for any reason, a Сustomer is unable to use our service within the trial period, they may contact our support team, and the trial period will be extended for them. 5.1.4 Customers may be required to enter his/her billing information in order to sign up for Free trial. Customers will not be charged by iProxy until the Free trial has expired. 5.1.5 The trial period corresponds to the terms of the BigDaddy Pro tariff. During the trial period, the Customer can choose a different tariff. The tariff selected by Customer will be automatically extended after the end of the trial period. If, after the trial period ends, the user does not have sufficient funds on their balance to extend the subscription, the connection created during the promotional period will be removed within 10 days.

5.2 Billing and paid subscription

5.2.1 Service is billed on a subscription basis for each Connection created by Customer. Billing Cycle as per the established pricing plans, is set at 30 days.

5.2.2 We reserve the right to refuse or cancel Customer Subscription if fraud or an unauthorized or illegal transaction is suspected.

5.2.3 Customers have an account balance in their personal account from which funds will be deducted for subscription fees.

5.2.4 At the end of each Billing Cycle, Customer subscription will automatically renew under the exact same conditions unless Customer cancels it or iProxy cancels it.

5.2.5 Customer may cancel his/her subscription renewal either through his/her account management page or by contacting iProxy customer support team.

5.2.6 When changing the pricing plan before the end of the paid period, the recalculation occurs as follows: we calculate the cost of one day's usage for each of the pricing plans based on their respective costs and durations. From the amount paid for the current pricing plan, we subtract the cost of the days already used, including the day of switching the pricing plan. The remaining funds are divided by the cost of one day under the new pricing plan, and the customer is provided with the corresponding number of days of usage within the new pricing plan, including the day of switching the pricing plan.

5.2.7 There is also a prepayment possibility for Customer to use our Services. By using prepayment, Customer needs to transfer funds to his/her iProxy account balance and the Service will be available as long as the funds are used.

5.2.8 At the end of each Billing Cycle, funds will be deducted from account balance to cover the payment for the next period.

5.2.9 Customers make the initial payment for our services using a credit card on the website, and for subsequent payments, customers can choose any of various available payment methods on the site.

5.2.10 After payment by credit card, it is automatically linked to Customer's account, and if Customer has enabled the auto-renewal feature, funds may be deducted from the card when the subscription is renewed. For the terms of automatic payments and how to opt out of them, please refer to section 5.2.11 - Automatic Balance Replenishment Terms.

5.2.11 Automatic balance replenishment terms:

  • The customer can set up an automatic balance replenishment feature from their credit card.

  • One day before the end of each Billing Cycle, the system checks if the user has sufficient funds in their balance to renew Connections. If there are enough funds, the system automatically deducts the payment for the expired periods on the following day and extends the Connections on the same terms.

  • If the balance is insufficient to cover the upcoming periods that expire the next day, the required funds will be automatically charged to the customer's credit card in an amount sufficient to renew all Connections expiring within the next 30 days. These funds will be credited to the Customer's balance and will be deducted as the Connection periods expire or can be used by the customer when creating new connections. This approach was developed to simplify the control of payments for Customers with a large number of subscriptions.

5.2.12 If the balance is insufficient to cover the upcoming periods that expire the next day, and the Customer has not consented to automatic deduction from their credit card, or if there are insufficient funds on the card to replenish the balance as per clause 4.2.5 of these Terms of Service, the expired Connections will be suspended until the balance is replenished.

5.2.13 If the balance is not topped up within 10 days, the unpaid connection will be removed.

5.2.14 We use third party service providers for the purpose of facilitating payment and the completion of subscription. Those third-party service providers are providing us the payment services under the service agreement and following legal requirements applicable to those services.

5.2.15 Customers acknowledge that using our paid Service, he/she will be using third party payment service provider services for payment transactions and terms and conditions, as well as data processing policies of those third-party service providers will apply.

5.2.16 iProxy does not collect credit card information or other payment details from Customers as this is done by payment service provider under the agreement between Customer and third-party payment service provider.

5.2.17 Customers can opt out of automatic payments in two ways: by canceling the subscription auto-renewal in their account settings or by unlinking the card from the account in the 'Manage Payment Methods' section.

5.3 Fees

5.3.1 The price list of our Services is available on our website under Prices. All fees and prices are presented and calculated in USD.

5.3.2 Payment for the first period of usage is allowed only through a bank card, while payment for subsequent periods may be made using other methods available on the website.

5.3.3 Please note that the fees specified for the Services do not include any taxes that may be applicable based on the Customer's jurisdiction of purchase or use of the Services. Customers are responsible for adhering to relevant tax laws and regulations and for remitting any additional taxes that may apply.

5.3.4 The cost of services does not include commissions or fees charged by payment service providers. Depending on the payment method chosen by the customer, the commission of the payment operator may either be separated from the main payment amount and sent directly to the payment operator or collected as a single amount along with the service fee and then transferred to the payment operator through iProxy.

5.3.5 When providing payment information to the payment service provider, the Customer automatically grants iProxy authorization to debit all subscription fees incurred through the Customer's account using the provided payment instruments.

5.4 Fee changes

5.4.1 iProxy, in its sole discretion and at any time, may modify subscription fees for the subscriptions. Any subscription fee change will become effective at the end of the then-current Billing Cycle.

5.4.2 iProxy will provide Customer with a reasonable prior notice by e-mail of any change in subscription fees to give Customer an opportunity to terminate Customer subscription before such change becomes effective. Customer continued use of Service after subscription fee change comes into effect constitutes Customer agreement to pay the modified subscription fee amount.

5.5 Referral program

5.5.1 The program offers customers the opportunity to receive a reward of 10% for each payment made by new referrals they have referred within one calendar year from the moment the referral makes their first payment.

5.5.2 Customers may distribute their referral link to an unlimited number of individuals.

5.5.3 All earned commission amounts are automatically credited to the customer's balance.

5.5.4 Customers who follow a referral link are entitled to a 10% discount on their first payment. This payment may include any tariff plan for any period of time.

5.5.5 Participation in the program is exclusively available to new referrals, i.e., customers registering for the first time.

5.5.6 The use of a referral link to create a second account or engage in any other manipulative activities to deceive the system is prohibited. The administration reserves the right to cancel bonuses in case of such violations.

5.5.7 Distribution of the referral link through unethical channels, such as spam or unwanted messages, is strictly prohibited. Violation of this rule may result in disqualification from the program and other measures at the discretion of the company.

5.6 Refunds

5.6.1 To determine if the Service is suitable for Customer purposes, the Free trial of the Service is applied in the beginning of subscription. We advise Customer to make full use of the Free trial before accepting payment obligations.

5.6.2 Unless otherwise required by law, subscription payments deducted from the Customer's balance are non-refundable. For any question regarding the refund of funds, customers are requested to first contact iProxy through our official “Contacts", provided under section 20. “Contacts”. We will process every refund request separately.

5.6.3 If Customer no longer wishes to use our service, Customer may simply stop making payments for future periods (if necessary, cancel automatic subscription renewal and automatic balance replenishment) and discontinue using Service.

5.6.4 Besides that, if Сustomer decides to stop using our service, they can delete their Connections. In this case, they will receive a refund on their balance proportional to the unused subscription period.

5.6.5 Afterward, the customer can contact us through any of the methods listed in the 20. “Contacts” section to request a refund of the remaining funds on their balance.

5.6.6 The right to withdraw and return purchases made online does not apply to our Services as they are online digital software services. This clause of no right to return applies to any jurisdiction where the same or similar return right (reflection period) and exception exists. In case our Services does not deliver the quality expected because of the software issues, Customer should contact us to communicate the issue through our official “Contacts”.

5.6.7 Customer is responsible for the security and protection of his/her payment instruments and credentials as well as any passwords and security codes. Subscriptions or purchases made with stolen payment credentials are not under iProxy control or responsibility and may not be compensated or refunded.

  1. Promotions

Any promotions made available through Service may be governed by rules that are additional to these Terms of Service. If Customer participates in any Promotions, he/she should review the applicable rules as well as our Privacy Policy. Individual Promotions and rules may also be provided to Customer directly without publication.

If the rules for a Promotion conflict with these Terms of Service, Promotion rules will prevail.

  1. Distributing proxies to third parties

7.1 As an iProxy Customer, should you decide to provide Proxies to third parties (End Users), you assume the risks associated with granting Proxies to third parties. In light of this, we recommend that you adhere to the following guidelines:

7.1.1 Legal Compliance: Ensure that your activities are legal both in your country and in the End user's country. iProxy allows proxy creation worldwide, but laws vary from country to country.

7.1.2 Terms of Service: Customers must arrange with each End User that Proxy will only be possible after reviewing these Terms and the Privacy Policy for End Users. In the event that the Customer distributes Proxies on a commercial basis, the Customer may acquaint End Users with their own terms of service, which must include provisions prohibiting the misuse of the service in accordance with the terms of this document.

7.1.3 Privacy Policy: Customers must acquaint End Users with iProxy's privacy policy for End Users.

7.1.4 Know Your Customer (KYC): Customers must establish a procedure for verifying the identity of End Users to prevent illegal use of their services.

7.1.5 Pricing: Customers have the freedom to set their prices for End Users.

7.1.6 Product Compliance: Customers are prohibited from providing any other Proxies to third parties under the guise of mobile Proxies created using our service.

7.2 These Terms of Service primarily govern the relationship between iProxy and the Customer. iProxy solely provides the infrastructure for creating mobile proxies. iProxy does not endorse or assume responsibility for the quality, performance, or legality of proxy services provided by its Customers to End Users. Customers are solely responsible for the delivery and maintenance of services to End Users, including but not limited to technical support, billing, and dispute resolution. An exception applies to Customers designated as "Trusted Sellers" (see Trusted Sellers Terms).

7.3 iProxy does not engage in the sale of mobile proxies created by its Customers. Such services may only be provided by iProxy under a separate agreement with the Customer.

7.4 iProxy has established infrastructure for collaborative Proxies management, accessible within the settings of each individual Proxies under "Team" mode. This may be used, among other purposes, to allow Customers to share Proxies with End Users. Further details on this can be found in Section 2.4 "Team Mode."

7.5 If the Customer violates the provisions, he will compensate for the damage resulting from such violations and reimburse iProxy for any claims made by third parties, in particular End Users.

7.6 Customers are obligated to promptly address any complaints or issues raised by End Users regarding their proxy services and to provide assistance in resolving such matters.

7.7 In the event of disputes between Customers and End Users, iProxy shall not be liable and shall not participate in the resolution of such disputes. Customers are responsible for handling disputes with End Users independently and in accordance with applicable laws and their own terms of service.An exception applies to Customers designated as "Trusted Sellers" (see Trusted Sellers Terms).

7.8 iProxy reserves the right to terminate or suspend services to Customers who do not adhere to the guidelines and legal requirements outlined in this section. Such termination or suspension may occur without prior notice and may result in legal actions being taken against the non-compliant Customer.

7.9 These guidelines are essential for maintaining a lawful and transparent environment for proxy services provided by iProxy and are designed to protect both our Customers and End Users. Customers are expected to fully comply with these guidelines to ensure the integrity and legality of their proxy services. Failure to do so may result in the termination of the Customer's relationship with iProxy.

  1. Data Protection

8.1 By agreeing to these Terms of Service, Customer agrees that all information provided during the agreement process (contact information, account registration, background checks, payment information and other) is true and accurate and that Customer will maintain and update this information as required in order to keep it current, complete, and accurate.

8.2 We respect the data protection and information security principles regarding Customer data provided for the Service and account management. There are multiple jurisdictions and personal data protection legal frameworks applicable worldwide to personal data processing. We apply European Union General Data Protection Regulation and California Online Privacy Protection Act (CalOPPA) while providing our Services as high standard to global privacy principles. In situations where there are additional legal frameworks applicable to personal data protection during the provision of our Services and Customer use of our Service, specific local requirements may apply.

8.3 iProxy processes the data, including personal data of our Customers in order to register an account and to provide the agreed software Service according to these Terms of Service.

8.4 In terms of security, iProxy may also collect and store the network traffic logs (including source and destination IP addresses, port numbers, timestamps, and other relevant metadata).

8.5 iProxy cannot have knowledge of who ultimately uses the mobile proxies created using the IProxy infrastructure. While IProxy does not have the means to identify or track the End users of these proxies, it is important to note that in certain circumstances, the End users may be identifiable. Therefore, when Customers provide proxies to third parties, they are responsible for informing these parties about IProxy's privacy policy for End Users, which is available on this website.

8.6 In this context we act as personal data controllers regarding iProxy Customer personal data related to our Services and iProxy Customer account.

8.7 Customer should read our Privacy Policy as an integral part of our Terms of Services for further detailed information regarding personal data processing and protection before subscribing to our Service.

  1. Confidentiality

9.1 The confidential information is any information related to our Customer or us that either of us receive in connection with concluding and using the Service.

9.2 Both Customer and iProxy must protect and hold all confidential information in strict confidence and to take all reasonable steps necessary to protect the confidential information from unauthorized and/or inadvertent disclosure.

9.3 All confidential information disclosed will remain the exclusive and confidential property of the disclosing party. Either Customer or iProxy will not disclose the confidential information of the disclosing party and will use at least the same degree of care, discretion and diligence in protecting the confidential information of the disclosing party as it uses with respect to its own confidential information, but in no case less than reasonable care.

9.4 Notwithstanding the foregoing, the receiving party may disclose confidential information of the disclosing party: (i) to the extent necessary to comply with any law, rule, regulation or ruling applicable to it; (ii) as appropriate and with prior notice where practicable, to respond to any summons or subpoena or in connection with any litigation.

9.5 We will cooperate fully with law enforcement authorities’ requests and orders. This means that we may need to disclose any data and information known to us regarding our Customers and the use of our Service if we are legally bound to disclose such information.

  1. Intellectual Property

10.1 Service and its original content (excluding content provided by Customers), features and functionality are and will remain the exclusive property of iProxy and its licensors.

10.2 For purposes of these Terms of Service, “content” is defined as any information, data, documents, communications, software, algorithms, photos, video, graphics, and other material and services that can be viewed on iProxy web page, mobile application, third party web pages, third party mobile applications and in iProxy Service or in third party services (e.g. Facebook, Instagram, YouTube, TikTok etc.).

10.3 Content found on or through this Service are the property of iProxy or used with permission. Customer may not distribute, modify, transmit, reuse, download, repost, copy, or use said content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

10.4 Service is protected by copyright, trademark, and other laws of the United States, European Union and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of iProxy.

10.5 iProxy web page, mobile application and its Service, as well as any of its content, features and functionality, and any parts and elements thereof, including when presented on third party web pages, applications or any other environment are or may be protected by copyright, trademark, design, patent, trade secret and other intellectual property or other proprietary rights (“IPR”) under applicable laws.

10.6 All IPR and any other rights, title and interest in and to iProxy and our Services are owned by us, our contractual partners and/or third parties. Customer use of Service does not grant Customer any IPR or any other rights, title or interest therein or related thereto, except as expressly agreed otherwise in the Terms of Service.

10.7 By transferring, uploading or other ways providing content during the Service, Customer grant us a worldwide, non-exclusive, free of charge, sub-licensable, and transferable license to copy, modify, distribute, process, translate, make extracts of, transmit, add to compilations or databases, make additions to or create derivatives of and otherwise use content to perform its rights and obligations under the Terms of Service, i.e. first and foremost provide Customer the Service. This license is valid until content and its back-ups have been removed from our databases.

10.8 Customer is solely responsible for making sure that any content he/she share with us is in compliance with all applicable laws and regulations, e.g. it is not offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, pornographic, obscene, invasive of another’s privacy, and that content is not harmful (for example viruses, worms and other destructive codes) and does not contain any programs that overload or interfere with the Service or distort the other Customers of our Service.

10.9 Customer hereby acknowledge that iProxy may, at any time, suspend Customer subscription and access to the Service and terminate these Terms of Services (section 15. “Termination”) for violating any of the above IPR related provisions.

  1. Copyright Policy

11.1 We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

11.2 If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via iProxy official “Contacts”, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.

11.3 You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright

11.4 DMCA Notice and Procedure for Copyright

11.4.1 Infringement Claims You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512©(3) for further detail):

11.4.1.1 an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

11.4.1.2 a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

11.4.1.3 identification of the URL or other specific location on Service where the material that you claim is infringing is located;

11.4.1.4 your address, telephone number, and email address;

11.4.1.5 a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

11.4.1.6 a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. You can contact our Copyright Agent via our official “Contacts”.

  1. Error Reporting and Feedback

12.1 Customer may provide us with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”) by using our official “Contacts”.

12.2 Customer acknowledge and agree that: (i) he/she shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) iProxy may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from Customer or any third party; and (iv) iProxy is not under any obligation of confidentiality with respect to the Feedback.

12.3 In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, Customer grant iProxy and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

  1. Links to Other Websites

13.1 Our Service may contain links to third party web sites or services, including payment services, that are not owned or controlled by iProxy. iProxy has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

13.2 CUSTOMER ACKNOWLEDGE AND AGREE THAT iProxy SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES. WE STRONGLY ADVISE CUSTOMER TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT HE/SHE VISIT.

  1. Disclaimer of Warranty

14.1 THESE SERVICES ARE PROVIDED BY iProxy ON AN “AS IS” AND “AS AVAILABLE” BASIS. iProxy MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN.

14.2 CUSTOMER EXPRESSLY AGREE THAT HIS/HER USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT CUSTOMER SOLE RISK.

14.3 USE OF ANY DEVICE, INCLUDING TECHNICAL EQUIPMENT, HARDWARE, COMPUTERS, MOBILE PHONES, IN ORDER TO USE OUR SOFTWARE IS ENTIRELY AT CUSTOMER SOLE RISK AND UNDER CUSTOMER CONTROL. WE DO NOT, AND ARE NOT ABLE TO, SECURE ANY RELIABILITY, PHYSICAL SECURITY OR SAFETY FOR ANY OF CUSTOMER DEVICES..

14.4 NEITHER iProxy NOR ANY PERSON ASSOCIATED WITH iProxy MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER iProxy NOR ANYONE ASSOCIATED WITH iProxy REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET CUSTOMER NEEDS OR EXPECTATIONS.

14.5 iProxy HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation of Liability

15.1 WE ARE NOT RESPONSIBLE FOR OVERSEEING WHAT CONSUMERS USE THE SERVICES TO.

15.2 EXCEPT AS PROHIBITED BY LAW, CUSTOMER WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY CUSTOMER OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS IN ANY APPLICABLE JURISDICTION, EVEN IF iProxy HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

15.3 EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF iProxy, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICE, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO ALL CUSTOMERS.

  1. Termination

16.1 If Customer no longer wishes to use our service, Customer may simply stop making payments for future periods (if necessary, cancel automatic subscription renewal) or delete all proxy connections and discontinue using Service.

16.2 Additionally, Customer may contact customer support and request to delete their account. Deleting the account will signify the withdrawal of the Customer's consent for the processing of personal data, as a result of which we will delete all records about you, except for those whose storage is required in accordance with legislation, public interest, or our legitimate interest.

16.3 We may terminate or suspend Customer Account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

16.4 All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  1. Governing Law

17.1 These Terms, and Customer relationship with iProxy under these Terms, shall be governed and construed in accordance with the laws of the jurisdiction where Customer is a resident without reference to provisions on conflict of law. Notwithstanding the foregoing, iProxy has the right to seek injunctive remedies or an equivalent urgent legal relief in any jurisdiction.

17.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights

17.3 These Terms constitute the entire agreement between iProxy and Customer regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

  1. Changes to Service and Amendments to Terms

18.1 We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without prior notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to Customers.

18.2 We may amend these Terms at any time by posting the amended Terms on this site. We only notify Customers via our official contacts and/or iProxy web page and mobile application about relevant changes in Terms that affect the Service, the use of Service or the rights and obligations of the Customer.

18.3 It is Customer responsibility to review these Terms periodically. Customer continued use of the Service following the posting of revised Terms means that Customer accepts and agrees to the changes.

18.4 Customers are expected to check this page frequently so he/she is aware of any changes, as they are binding on Customer. By continuing to access or use our Service after any revisions become effective, Customer agree to be bound by the revised Terms. If Customer do not agree to the new Terms, he/she is no longer authorized to use the Service.

  1. Waiver and Severability

19.1 No waiver by iProxy of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of iProxy to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19.2 If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

20. Official Contacts and References to iProxy

20.1 Contacts for Customers and potential Customers:

20.1.1. Please send your feedback, comments or requests for technical support to:

Telegram: https://t.me/iproxy_support;

WhatsApp: +1 (844) 934-4351;

20.1.2 Please send your questions regarding our Services to:

Telegram: https://t.me/iproxy_support;

WhatsApp: +1 (844) 934-4351;

20.2 Contact for authorities:

Please send your official requests to:

Email: ceo@iproxy.online with Subject “Legal: [….]”;

Telegram: https://t.me/iproxy_support;

WhatsApp: +1 (844) 934-4351;

20.3 iProxy official web pages and mobile applications:

20.3.1. https://iproxy.online

20.3.2. https://play.google.com/store/apps/details?id=com.iproxy.android

20.4 iProxy official pages on third party platforms:

20.4.1. https://www.youtube.com/channel/UCezf0EVnayQu6BhTa2D4hGw

20.4.2. https://t.me/iproxy_support_ru

20.4.3. https://t.me/iproxyonline_support_english

20.5 Customers hereby acknowledge that any other contact or reference to iProxy is not iProxy official contact and may be created illegally to impersonate iProxy and its Service. We are not responsible for the messages sent from such contacts or Customer interactions with such contacts which are not listed in this section.

21. Previous Versions of the Terms of Service

21.1 Terms of Service in effect from February 3, 2023, to November 15, 2023.

21.2 Terms of Service in effect from November 16, 2023, to January 30, 2024.

21.3 Terms of Service in effect from January 31, 2024, to May 21, 2024.