Terms of Service

Terms of Service Agreement

Welcome to NyronProxies. These Terms of Service ("Terms") govern your access to and use of NyronProxies services, including our website, proxy services, APIs, and other offerings (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. Please read these Terms carefully, as they contain important information about your legal rights, remedies, and obligations.

1. Acceptance of Terms

1.1 Binding Agreement By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated by reference. These Terms constitute a legally binding agreement between you and NyronProxies. 1.2 Eligibility You must be at least 18 years old or the age of legal majority in your jurisdiction, whichever is greater, to use our Services. If you are accessing or using our Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and you agree to be bound by these Terms on behalf of such entity. 1.3 Modifications to Terms We reserve the right to modify these Terms at any time at our sole discretion. If we make material changes to these Terms, we will provide notice through our Services, or by other means, to give you a reasonable opportunity to review such changes before they become effective. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services.

2. Service Usage and Restrictions

2.1 Service Description NyronProxies provides proxy services that allow users to route internet traffic through our servers. Our Services may include residential proxies, datacenter proxies, rotating proxies, and related tools and features. The specific features and limitations of the Services depend on the subscription plan you select. 2.2 Account Registration To access certain features of our Services, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security. 2.3 Acceptable Use You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to use our Services: • In any way that violates any applicable federal, state, local, or international law or regulation • To engage in any activity that is illegal, fraudulent, deceptive, or harmful • To attempt to bypass or circumvent any access controls or usage limitations • To transmit or facilitate the distribution of malware, viruses, or other harmful code • To engage in activities that may disrupt or interfere with the Services or servers connected to the Services • To scrape, crawl, or spider any website in violation of that website's terms of service • To harvest or collect email addresses or other contact information by automated means • To impersonate or attempt to impersonate NyronProxies, a NyronProxies employee, another user, or any other person or entity • To infringe upon or violate the intellectual property rights or any other rights of others 2.4 Technical Restrictions You agree not to: • Use the Services in a way that could damage, disable, overburden, or impair our servers or networks • Attempt to gain unauthorized access to any part of the Services, other accounts, or computer systems or networks connected to the Services • Use any robot, spider, or other automated device, process, or means to access the Services for any purpose • Introduce any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware 2.5 Usage Limitations Your use of the Services may be subject to limitations, including but not limited to bandwidth usage, number of concurrent connections, and geographic restrictions. These limitations vary based on your subscription plan and are specified in your account dashboard. We reserve the right to monitor your usage to ensure compliance with these limitations and may suspend or terminate your access if you exceed them.

3. Account Responsibility and Security

3.1 Account Security You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to: • Create a strong, unique password for your account • Enable two-factor authentication when available • Not share your account credentials with any third party • Log out from your account at the end of each session when using shared computers • Notify us immediately of any unauthorized access to or use of your account 3.2 Prohibited Account Activities You may not: • Create multiple accounts to circumvent usage limitations or suspensions • Sell, trade, or transfer your account to another party without our prior written consent • Use another user's account without permission • Provide false or misleading information when creating an account 3.3 Account Termination We reserve the right to suspend or terminate your account and access to the Services at our sole discretion, without notice, for conduct that we determine violates these Terms or is harmful to other users of the Services, us, or third parties, or for any other reason. Upon termination: • Your right to access and use the Services will immediately cease • We may delete or retain your account information and content at our discretion • Any fees paid for unused service periods may be refunded according to our refund policy 3.4 Data Retention After Termination We may retain certain information associated with your account after termination for the following purposes: • Compliance with legal obligations • Resolution of disputes • Enforcement of our agreements • Protection against fraudulent or illegal activity Our retention and deletion practices are described in more detail in our Privacy Policy.

4. Service Limitations and Warranties

4.1 Service Availability While we strive to provide uninterrupted service, we do not guarantee that the Services will be available at all times. The Services may be temporarily unavailable due to maintenance, upgrades, system failures, or other circumstances beyond our control. We are not liable for any interruptions, delays, or failures in the provision of the Services. 4.2 No Warranty THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. 4.3 Third-Party Websites and Services The Services may contain links to third-party websites or services that are not owned or controlled by NyronProxies. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that NyronProxies 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 the use of or reliance on any such content, goods, or services available on or through any such websites or services. 4.4 Changes to Services We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services. 4.5 IP Geolocation Accuracy While we strive to provide accurate geolocation information for our proxy IPs, we do not guarantee the accuracy of such information. Geolocation data may change over time due to factors beyond our control, including changes made by internet service providers or data sources.

5. Payment and Billing

5.1 Fees and Payment You agree to pay all fees associated with your selected subscription plan. All fees are in US dollars unless otherwise specified. Payment must be made using one of our approved payment methods. You authorize us to charge your selected payment method for all fees incurred. 5.2 Subscription and Renewal Subscriptions to our Services are for the period specified during the purchase process. Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew, and you authorize us to charge your payment method for the renewal term. 5.3 Refund Policy All sales are final and non-refundable unless otherwise specified in our refund policy or required by applicable law. In certain circumstances, we may, at our sole discretion, issue partial or full refunds. Eligibility for refunds is determined on a case-by-case basis and may depend on factors such as the nature of the issue, time elapsed since purchase, and usage of the Services. 5.4 Taxes All fees are exclusive of taxes, levies, or duties imposed by taxing authorities. You are responsible for paying all such taxes, levies, or duties associated with your purchase and use of the Services, excluding taxes based on our net income. 5.5 Price Changes We reserve the right to change our prices at any time. If we change the fees for your subscription, we will provide notice of the change on our website or by email, at least 30 days before the change takes effect. Your continued use of the Services after the fee change becomes effective constitutes your agreement to pay the modified fee amount. 5.6 Payment Disputes If you believe that we have charged you in error, you must contact us within 60 days of such charge. No refunds will be given for any charges more than 60 days old. We reserve the right to suspend or terminate your access to the Services if your payment method is declined or if you dispute a legitimate charge for the Services.

6. Intellectual Property Rights

6.1 Our Intellectual Property The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by NyronProxies, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms do not grant you any right, title, or interest in the Services, our trademarks, logos, or other intellectual property. 6.2 Limited License Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal or internal business purposes. This license does not include any resale or commercial use of the Services or any derivative use of the Services. 6.3 Feedback If you provide us with any feedback, suggestions, improvements, or recommendations regarding the Services ("Feedback"), you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such Feedback for any purpose, including but not limited to incorporating it into our Services without any obligation to compensate you. 6.4 User Content You retain all rights in any content that you upload, submit, or display through the Services ("User Content"). By uploading, submitting, or displaying User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such User Content in connection with providing and improving the Services. 6.5 DMCA Compliance We respect the intellectual property rights of others and expect users of our Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide us with the information specified in our Copyright Policy.

7. Indemnification and Limitation of Liability

7.1 Indemnification You agree to defend, indemnify, and hold harmless NyronProxies, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services. 7.2 Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NYRONPROXIES, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 7.3 Cap on Liability IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. 7.4 Essential Purpose THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NYRONPROXIES AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. 7.5 Exclusions THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES AND LIABILITY CONTAINED IN THESE TERMS DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES AND REMEDIES CONTAINED IN THESE TERMS DO NOT APPLY TO A USER TO THE EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW.

8. Termination and Suspension

8.1 Termination by You You may terminate your account and subscription at any time by following the instructions on our website or by contacting our customer support. Upon termination, your right to use the Services will immediately cease, but certain provisions of these Terms will survive termination. 8.2 Termination by Us We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease. 8.3 Effects of Termination Upon termination of your account: • Your access to the Services will be revoked • We may delete your account information and content • You will remain liable for all amounts due up to and including the date of termination • Any provision of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability 8.4 Refunds Upon Termination If you terminate your account before the end of your current paid-up subscription period, no refunds will be provided unless otherwise specified in our refund policy or required by applicable law. If we terminate your account for cause, no refunds will be provided. 8.5 Suspension We may suspend your access to the Services without terminating your account if: • We suspect unauthorized or fraudulent use of your account • You have violated these Terms • Payment for the Services has failed or been disputed • We need to perform maintenance or updates to the Services During a suspension, you may not be able to access all or part of the Services. We will lift the suspension once the issue that caused it has been resolved.

9. Dispute Resolution

9.1 Governing Law These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of [Jurisdiction], without giving effect to any choice or conflict of law provision or rule. 9.2 Informal Dispute Resolution Before filing a claim against NyronProxies, you agree to try to resolve the dispute informally by contacting us at [email protected]. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or NyronProxies may bring a formal proceeding. 9.3 Arbitration Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by binding arbitration in accordance with the [Arbitration Rules] by [Arbitration Organization]. The tribunal will consist of [Number] arbitrator(s). The place of arbitration will be [City, Country]. The language to be used in the arbitral proceedings will be English. 9.4 Class Action Waiver YOU AND NYRONPROXIES 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 OR REPRESENTATIVE PROCEEDING. Further, unless both you and NyronProxies agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. 9.5 Exceptions to Arbitration Notwithstanding the foregoing, either party may seek emergency equitable relief before a court of competent jurisdiction to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of the right to arbitrate. 9.6 Survival This arbitration provision will survive the termination of your relationship with NyronProxies.

10. Legal Compliance and Export Controls

10.1 Compliance with Laws You agree to comply with all applicable laws, regulations, and third-party agreements in your use of the Services. This includes, but is not limited to, privacy laws, intellectual property laws, export control laws, and economic sanctions regulations. 10.2 Export Controls The Services may be subject to export control laws and regulations of the United States and other jurisdictions. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and you are not listed on any U.S. Government list of prohibited or restricted parties. You agree not to export, re-export, or transfer, directly or indirectly, any technical data acquired from the Services, or any products utilizing such data, in violation of applicable export laws or regulations. 10.3 Anti-Corruption You agree not to use the Services in violation of any anti-corruption laws, including but not limited to the U.S. Foreign Corrupt Practices Act and the UK Bribery Act. You represent and warrant that you have not and will not offer, promise, pay, or authorize the payment of any money or anything of value, directly or indirectly, to any person for the purpose of influencing any act or decision of such person in order to obtain or retain business or secure an improper advantage in connection with the Services. 10.4 Government End Users The Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

11. Miscellaneous Provisions

11.1 Entire Agreement These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and NyronProxies concerning your use of the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and NyronProxies regarding the Services. 11.2 Waiver No waiver 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 to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. 11.3 Severability 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 the Terms will continue in full force and effect. 11.4 Assignment You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. 11.5 Relationship of the Parties Nothing in these Terms is intended to or will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and NyronProxies. No party has the authority to make any statements, representations, or commitments of any kind on behalf of the other party or to take any action that is binding on the other party. 11.6 Force Majeure NyronProxies shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, civil unrest, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labor or materials, or failures of telecommunications or internet service providers. 11.7 Contact Information If you have any questions about these Terms, please contact us at [email protected] or by mail at [Physical Address].

12. Proxy-Specific Terms

12.1 Proxy Usage Policies In addition to the general acceptable use policies outlined in Section 2, the following specific restrictions apply to your use of our proxy services: • You may not use our proxies to engage in any form of harassment, abuse, or to send unsolicited communications (spam) • You may not use our proxies to attempt to bypass security measures or gain unauthorized access to any network, server, or database • You may not use our proxies for high-volume automated scraping that violates a target website's terms of service • You may not use our proxies for any activity that places an unreasonable or disproportionately large load on our infrastructure • You may not resell, sublicense, or otherwise share access to our proxy services without our explicit written permission 12.2 Residential Proxy Ethical Guidelines For residential proxy services, the following additional ethical guidelines apply: • You must respect the bandwidth and resources of the residential IPs you utilize • You must not engage in activities that could harm or negatively impact the residential IP providers • You must comply with all applicable laws regarding data privacy and protection when accessing content through residential IPs • You must not use residential proxies for activities that could reasonably be expected to generate complaints from residential IP providers 12.3 Proxy Performance and Availability While we strive to maintain high availability and performance of our proxy network, you acknowledge that: • Proxy availability may vary by geographic location • Certain websites may implement measures to detect and block proxy traffic • Connection speeds may vary based on network conditions, target website response times, and other factors beyond our control • We may rotate IP addresses or modify our proxy infrastructure for security, performance, or other operational reasons 12.4 Proxy Authentication You are responsible for securing your proxy authentication credentials (including API keys, usernames, passwords, and whitelisted IPs). Any use of the Services through your authentication credentials will be deemed to be your use. You must notify us immediately of any unauthorized use of your proxy authentication credentials. 12.5 Traffic Monitoring We may monitor traffic patterns, usage volume, and other metrics related to your use of our proxy services for the purposes of: • Ensuring compliance with these Terms • Detecting and preventing fraud or abuse • Optimizing and improving our Services • Capacity planning and resource allocation Any monitoring is conducted in accordance with our Privacy Policy and applicable laws.

Last Updated: February 2024

For questions about these Terms of Service, please contact us at [email protected]