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Luxeproxy
1. INTRODUCTION AND GENERAL PROVISIONS
1.1. Agreement. Thank you for choosing us. Before starting, please read this Fintech agency OÜ Terms of Service Agreement (the “Agreement”) carefully. Among other things, the Agreement covers the scope of your use of and access to the Luxeproxy Services, as they are set forth below, as well as in full governs the contractual relationship between Fintech agency OÜ as a service provider and natural or legal person as a service user/client.
1.2. Company. For the purpose of the Agreement, the “Company”, “we”, “us”, or “our” means Fintechagency OÜ – a legal entity, incorporated in Estonia and entered into the E-Business Register on 23.12.2022 under the registration No. 16638667, address: Estonia, Tallinn, Kesklinna linnaosa, Vesivärava tn 50-301, 10152. The Companyis acting as a main service provider under the Agreement.
1.3. Client. Any person using Company’s services/website is considered to be a client of the Company under the Agreement (the “Client”/“You”). The Client can be a natural person or legal person, represented by a natural person.
1.4. Website means luxeproxy.com (the “Website”).
1.5.Services. The Company provides multiple IP address proxy infrastructure solutions, including IP addresses for the Clients to connect to the internet, and access to the Company’s data gathering and proxy management solutions (the “Services”). The Services can be reached and used via Website. The Client shall be entitled to use the particular service of the Services for which the Client has paid in full, only for the paid period.
Full list of the Services is available on the Website. The Company shall have a right to change the list of Services (modify, update, suspend or terminate Services) from time to time, without any prior notification to the Client.
1.6. Accessing the Services and/or Website. The Company offers Services only for natural persons of legal age (eighteen or more) and for duly established legal entities. You, as a natural person, as well as a user of the Company‘s Services, shall be responsible for making sure You are eligible to use the Company‘s Services. You, as a representative of a legal person, which is a user of the Company’s Services, shall be responsible for making sure of having all necessary authorization.
By entering into this Agreement, You affirm that you are 18 (eighteen) or more years of age and/or have the authority to act on behalf of a valid legal entity, and you are fully able and have all rights and power to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with it.
1.7.Binding Legal Agreement. Please note that the Agreement constitute a binding legal agreement between You or those you legally represent and the Company as a service provider. You agree and accept to be bound by this Agreement by either: (i) creating a user account within the Website to use Services (“Account”), (ii) ordering/purchasing/accessing/using Services and Website in any scope or way, or (iii) otherwise electronically agreeing to be bound by the Agreement. If You are using the Services on behalf of an organization, you are agreeing to this Agreement for that organization and acknowledging that you have the authority to act on behalf of that organization and commit to this Agreement on behalf of that organization.
BY USING SERVICES AND WEBSITE, YOU ACKNOWLEDGE READING THE AGREEMENT AND UNDERSTANDING THAT YOU HAVE ENTERED INTO A LEGALLY BINDING AGREEMENT BETWEEN YOU, AS A USER, AND THE COMPANY, AS A SERVICE PROVIDER.
1.8.Effect of the Agreement. This Agreement takes effect at its full scope at the moment You sign up within the Website by creating an account as indicated in Section 2 of this Agreement. The rules of this Agreement mutatis mutandis are applicable to the use of the Website prior to, i.e. without signing up to the Website/creating the Account, including but not limited to, the rules set forth in Privacy Policy.
1.9.OUR SERVICES ARE OFFERED TO YOU CONDITIONAL ON YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DISAGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT IN ANY SCOPE OR WAY, YOU MUST NOT USE OR MUST IMMEDIATELY CEASE YOUR USE OF THE WEBSITE OR ANY PART OF IT, AS WELL AS ITS FEATURES AND FUNCTIONALITIES.
1.10. Updates to the Agreement. We develop our Website and Services introducing new features or modifying current ones constantly. In addition, we may need to update the Agreement by amending it from time to time for various reasons, i.e. (i) to comply with the law, (ii) to comply with orders/recommendations of regulatory authorities, (iii) to add additional functionality, services, features, technologies and/or benefits, or to remove the old ones, (iv) to correct errors and bugs, (v) to clarify the Agreement, (vi) to prevent abuse or harm, (vii) for any other valid reason. Such updates shall be made by the Company unilaterally at any time without notice. You understand and agree that it is your obligation to review the Agreement from time to time in order to stay informed on current rules and obligations. Unless it is stated by us otherwise, each update of the Agreement comes into force as of the moment when amended Agreement is published.
The continued use of the Services by You shall be deemed as acceptance of the Agreement in the last and most updated version. You can also end your relationship with us at any time after the effective date of the updated Agreement by closing your Account and/or not accessing our Services and Website.
THE AGREEMENT MAY CHANGE, SO IT IS IMPORTANT TO REVIEW IT PERIODICALLY.
The latest version of Agreement shall be available at https://luxeproxy.com/legal/terms_of_service.
1.11. Contact Us. For the matters regarding this Agreement please contact the Company via email, by sending your inquiry to hello@luxeproxy.com.
2. YOUR USER ACCOUNT
2.1. Account. If You wish to use the Services, You must set up (register) a user account within the Website by filling the registry form and providing certain information and confirmations (e.g., your name and/or organizations’ name, email address, password, billing information, country, other (if any)). The registry form is available at https:// panel.luxeproxy.com/auth/register. Once all steps are fulfilled, You will be able to use your user’s account (the “Account”).
2.2. Privacy Policy. Upon using the Website, You allow cookie use by customizing the preferences or by allowing all cookies, and by creating an Account You give your permission (consent) for your personal data processing for provision of the Services and proper usage of the Website, as well as for direct marketing and advertising purposes. You acknowledge and agree that the Company may process your personal data without your consent where processing is necessary for the performance of the Agreement to which You are a party. You must read the terms and conditions applicable to personal data protection and cookies used by the Company. The latest version of Privacy Policy, containing cookies’ policy, is available at https://luxeproxy.com/legal/privacy_policy.
2.3. Information You Provide upon Registration. Upon filling the registration form, the Client must provide:
2.3.1. Personal information of the Client/its representative;
2.3.2. Name of the company, if the Client is a legal entity (organization);
2.3.3. Valid email address;
2.3.4. Country of residence;
2.3.5. Valid phone number;
2.3.6. Unique password, created by the Client;
2.3.7. Requirements for the Service (expected number of IPs a month, type of purchase, traffic volume, required use duration etc.);
2.3.8. A confirmation that the Client agrees to the Agreement and Privacy Policy of the Company;
2.3.9. A confirmation that the Client/its representative is a natural person.
2.4. The Company may change the list of required information by modifying, adding, or reducing the list of information needed for setting up an Account.
2.5.Verification of Your Personal Information. It is mandatory for the Client to accept Agreement, Privacy Policy and any other rules governing Services and/or Website (if any). For the proper provision of certain Services, the Company shall have a right to ask You to verify your identity or any provided information. All verifications shall be done in accordance with rules set forth in the Privacy Policy.
2.6. Email Verification. The Client shall always carry out the email verification step by clicking on an active link received in the registered email.
2.7. CAPTCHA Test. The Client might be asked to perform a test to tell computers and humans apart (the “Completely Automated Public Turing Test to tell Computers and Humans Apart”/”CAPTCHA”) and to complete it successfully as a mandatory step for creating an Account. The Client may be asked to perform such tests while completing logging-in procedure or when confirming order/payment/withdrawal or at any other stage at the discretion of the Company.
2.8. Renewal and/or Re-submission of Your Information. The Company may ask You to re- submit or renew any of the data needed for the set-up of the Account and/or ordering the Services. Such requests can be made at any time from time to time or on an ad- hoc basis at the Company’s discretion.
2.9. Validity of Your Information. By creating the Account, the Client declares that the information provided to the Company is true, complete, valid, up-to-date and that the Client is the owner and/or has legitimate ground for the usage of said data. For the avoidance of doubt, the Client confirms using its own (its representative’s) email address, using its own bank account to pay for the Services, etc.
2.10. Confidentiality of and Access to the Account. Accounts can be created for both personal and business use, respectively by a natural person and a legal person, represented by the natural person. However, the Client shall not share its log-in credentials with any third-party or unauthorized person. The Account is strictly for Your own use and cannot be used to use Services on behalf of another individual or organization. You agree to accept responsibility and are solely responsible for any and all usage and activities that occur under your Account or password, including, but not limited to, use of the Account by any other person, whether or not authorized by you. You are responsible for maintaining the confidentiality of your Account and its password, and for restricting access to your Account by any other party. To protect your Account, keep your password confidential. Do not reuse your Account password with other services. You agree to immediately notify us of any unauthorized use of your Account or password.
3. PRICES AND PAYMENTS
3.1. Total Price. Services may be available for a fee or for free (e.g., Services on a free-trial basis for a limited period of time – see Clause 3.4). The Company shall have a right to unilaterally, and on its own discretion, determine prices of Services, the duration of the validity of the price, the applicable promotions and discounts, other rules related to the payment of the Services. The latest and up-to-date list of applicable prices for every Services’ category is available on our Websiteluxeproxy.com.
3.2. Taxes. Prices of our Services displayed to You provided exclusive of taxes, i.e. net of any withholding taxes or any other taxes. You, as a Client, shall be responsible for paying any applicable taxes, levies, duties or any other fees, if applicable.
3.3. Change of Prices. We may from time to time and at our reasonable discretion change the price of our paid Services, to reflect the changes of the total costs associated with our Services (e.g. costs of sales, marketing, cost of personnel, service providers and services, IT systems, energy etc.). Any changes to the pricing will not affect your current subscription period or already paid single-time Service use and will become effective only upon the subscription renewal, or for any of your future orders. You should always check the Website for applicable prices and features for every Service before making an order. Subject to applicable law, (i) if You disagree with any proposed change of renewal price, your sole remedy is to cancel your subscription before the next charge is made, or to not make a new order, and (ii) your continued use of the Services without canceling the subscription constitutes your agreement to pay the new renewal price for the Services.
3.4. Free Trials. In some cases, we may offer a free trial for our paid Services prior to charging your payment method (the “Free Trial”). Services provided on a free-trial basis are for a limited period of time. If You are using such free-trial basis Services, after the expiry of such trial, your right to use the Services shall be suspended until You make a payment for further provision of the Service.
3.5. Payments. You agree to pay us for any paid Services you purchase from us, as well as all other charges incurred under your Account, including applicable fees associated with your purchase of the Services, if any. The applicable fee calculation, payment method, period of the provision of Services, and the fee charging frequency is indicated in the Website, as well as Client’s Account, and confirmed by the Client when confirming an order. We may suspend or cancel the Services if we do not receive a full payment from you on time.
3.6. Payment Methods. To purchase Services directly through us, i.e. on our Website, you must provide us with a current and valid method of payment, such as a credit or debit card or any other payment method available on the Website.
3.7. Billing. By providing us with a payment method, You (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate, (ii) authorize us to charge the payment method you provided, and (iii) authorize us to charge you for any paid Services you chose when making a purchase. You can view your billing history at any time in your Account. If You have any questions related to payments, please contact us.
3.8. Fraud Protection. The Company reserves the right to verify credit/debit card payments prior to completing your purchase.
3.9. Payment Processing. The Company also reserves the right to (i) retry failed payments to complete transactions and, (ii) change or amend authorized payment companies to assist with payment processing.
3.10. Subscription. We provide our Services for single-time use, as well as on subscription basis (e.g., monthly, annually, or otherwise). Subscription means that the provision of the Services will auto-renew at the end of the current Subscription period, unless You cancel it before the auto-renewal (the “Subscription”). You can purchase the Services on a Subscription basis in two payment-wise variations, i.e. when (i) payments are due on a schedule, i.e. payments are automatically made based on the expired time period, or (ii)payments are due on the used proxy basis, i.e. payments are made based on the amount of proxy You used. The payment basis is set by the Company and indicated in the description of the Service You are ordering with Subscription. In all cases, You must express the will to order the Service with Subscription and shall have a right to revoke such option under the rules applicable for a respective order. You must ensure that payment details provided to the Company are valid and ensure sufficient limit of funds available for the whole period of ordered Subscription.
3.11. Recurring Payments. When You purchase the Services on a Subscription basis (e.g., monthly, annually, or otherwise), you agree that (i) Services will auto-renew until you cancel it, (ii) you are authorizing recurring payments, (iii) payments will be made to the Company by the method and at the recurring intervals you have agreed to.
3.12. Services Provision Types. The Company provides Services on various bases: (i) a used proxy/GB basis (the fee is calculated based on the quantity of proxies ordered or GB used by the Client), (ii) a one-time-order basis, providing a right to use certain Service for a one-time payment for a set period of time, (iii) a monthly/yearly/or otherwise subscription (see Clause 3.10), (iv) individual offer for organizations and wholesale clients.
3.13. Top-Up System Credits. You may choose to buy our top-up system credits (hereinafter “Credits”) with which you shall be able to pay for the services through your Account. 1 (one) Credit shall cost you 1 (one) US dollar plus any additional applicable taxes, levies and duties (VAT, withholding, customs or other) payable by you. You shall be able to use Credits for the Services specified in your Account and each Credit shall be worth 1 (one) US dollar. Credits shall expire if unused for 12 (twelve) months and no refund shall be issued after the expiration. If, at any point, there are not enough Credits on your Account to cover your current plan payment when the payment is due, we may cancel your plan without notice. All refunds, if any, regarding services paid with Credits shall be paid out by us as Credits to your Account. Credits may not be refunded for any reason, other than the ones specified in this Agreement (see Section 4 “Refund Policy”).
3.14. Changes of Payment Details. If any of your payment details change (e.g.,card number or its expiry date), please let us know as soon as possible so we can continue to provide the Services when it comes time for the Subscription renewal. If You update payment details in your Account, the updated information will be regarded as your preferred method for any future payments.
3.15. Payment Providers. Purchases may be processed through various payment providers and/or handled via multiple payment companies. The Company uses services from the following providers: TBD.
3.16. Any claims regarding the applied Services’ fee or amounts charged must be submitted in writing in a reasonable amount of time, but in any case, no later than 3 months after the date of application of the fee or the charging of the amount.
4. REFUND POLICY
4.1. Credits, subscription fees, as well as fees paid for a single-time-use or continuous Service, are non-cancelable and non-refundable, with one exception: If the Service is inactive/works with defects during the first 24 hours from the purchase due to reasons not depending on Your actions (e.g., if a technical failure in our Website/system/software occurs) and the Company is not able to fix the problem promptly (during the same 24 hour period), You are entitled to a full refund of the purchased faulty Service (but after You contact the Company with the proof that the Service is inactive/works with defects). In all cases, You shall contact the Company as soon as possible after noticing the fault by sending all the proof. In case You contact the Company after the initial 24-hour term, it is presumed that the Services purchased by You were free of defects and You accepted the Service as satisfactory quality-wise.
4.2. The refund, if due under the exception set in Clause 4.1, will be made by Us the same way as the payment by You was made, i.e. to your payment details you provided and from which the payment was made, or as Credits to your Account.
5. SHIPPING POLICY
Please note, since our product is digital, there is no physical shipping involved.
5.1. Delivery of Proxy Services. Once payment is confirmed, your proxy access will be delivered instantly to the email address or Account associated with your purchase. You will receive detailed instructions on how to set up and use your proxy access.
5.2. Delivery Time.For first-time users: Your proxy service details will be sent within 5-10 minutes of purchase verification. For returning customers/subscribers: Access is typically granted immediately after payment is processed.
5.3. Access Issues. If you experience any issues receiving your proxy access or setting up the service, please contact our support team at hello@luxeproxy.com.
5.4. Refunds and Cancelations. As this is a digital service, all sales are final. Please refer to Section 4 “Refund Policy” for more details, and to see exception.
5.5. Service Renewal. We provide our Service (a) for single-time use – in that case Service Renewal depends on You choosing to continue to use the Services at the end of your current paid period, and making a new payment; (b) on subscription basis. Your proxy subscription will automatically renew based on your selected billing cycle. You will receive an email reminder prior to the renewal date. If you wish to cancel your subscription, please do so at least 24 hours before the renewal date.
For any additional questions, feel free to reach out to us at hello@luxeproxy.com.
6. LICENSE TERMS
6.1. License Grant. Subject to this Agreement, and provided that You comply with the Agreement the Company grants You a non-exclusive, limited, personal, non-transferable, non-sublicensable, non-assignable, revocable license to use the Company systems/software/materials provided via the Website solely in connection with your use of the Website and Services on a compatible device that you own or control. You might need to order and pay for a certain Service or Service package to use the Company’s systems/software/materials and be granted the limited license. For the avoidance of doubt, the Client acknowledges its understanding that the duration and scope of the license granted is inextricably linked to the Services ordered and/or paid for by the Client. No other right or license, express or implied, of any kind is granted to You hereunder with respect to the Services and/or Company’s systems/software/materials.
6.2.Use of Company’s licensed systems/software/materials. The Company’s systems/ software/materials provided via the Website is intended for research, personal and Your own legitimate commercial use, and only for lawful and legitimate purposes, as outlined in the Agreement and any applicable laws. The Company materials may not be used for any other purpose than indicated in this Agreement, and this license terminates upon Your cessation of use of the Services or Company’s systems/software/materials provided via the Website, or at the termination of this Agreement. The Company shall have a right to cease supporting the Company’s systems/software/materials provided via the Website in full or in part, or any functionality of the Website at any time for any period of time. In such event Client’s license to use the Company’s systems/software/materials provided via the Websites hall be automatically suspended.
The Agreement, including terms and conditions regarding the license, applies to all versions of the Website and Company’s systems/software/materials provided via the Website, as well as any separate functionality and/or its derivatives.
6.3. We Retain all Rights. Company’s systems/software/materials, used pursuant to the Agreement are licensed, not sold, and You receive no title or ownership of any copy, or of the systems/software/materials themselves, or even more so of the Website and Services. You receive no rights to the Company’s systems/software/materials other than those specifically granted in Clause 6.1. Unless otherwise stated, the Company and/or our licensors retain all right, title and interest in and to the Services, Website, Company’s systems/software/materials, and any portion thereof. The Client also acknowledges that all and any intellectual rights including but not limited to the infographics, data, reports, specifications and any other materials in any medium, which were prepared by the Company and/or developed by the Company in connection with the Website, Services, systems/software are the sole and exclusive property of the Company.
6.4. Prohibited License Use. The Client must not violate the terms of the License, any intellectual rights owned or sought to be protected by the Company and shall use the License and all such intellectual property (including copyrighted and protected merchandise, logos, trademarks of the Company, etc.) for intended purposes only. The Client shall not (i) republish material from the Website unless it is separately allowed by the Company,(ii) sell, rent or sub-license material from the Website unless it is separately allowed by the Company, (iii) show any material from the Website in public,
(iv) reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose, (v) redistribute material from the Website, (vi) edit or otherwise modify any material on the Website,(vii) use the Company’s systems/software/materials provided via the Website in any way that causes, or may cause, damage to such systems/software/materials of the Website itself or impairment of the availability or accessibility of the Website.
6.5.Feedback. The Client may from time to time provide to the Company suggestions, recommendations, ideas, proposals, feedback, reviews or other input to our Services, Website, system, software or other materials (the “Feedback”). All such Feedback is and shall be given entirely voluntarily. The Client acknowledges and agrees that Feedback, even if designated as confidential by You, shall not, absent a separate written agreement, create any confidentiality obligation for the Company. You hereby grant the Company and/or its affiliated companies a perpetual, irrevocable, worldwide license to use Feedback you communicate to us without reimbursement or compensation, without any obligation to report on such use, and without any other restriction. You waive, or agree not to enforce, any and all rights that may now or in future exist, including moral and equivalent rights, in Feedback.
7. PROHIBITED AND RESTRICTED USE
7.1. The Company is committed to ensuring our Services remain as secure and user-friendly as possible. Therefore, it is strictly prohibited to use our Website and Services for any form of illicit activity, including money laundering, terrorist financing or trade sanctions violations, consistent with various jurisdictions’ laws, regulations and norms, etc. We reserve the right at any time, in our sole discretion, with or without notice, to suspend and/or terminate the Accounts and/or Services to any users who violate any applicable laws or the Agreement, whether repeated violation or a single instance (see Section 11 “Suspension and Termination” for more information).
7.2. Prohibited Activities. By using our Website and Services You shall not yourself and/or assist, encourage, or enable others to:
PLEASE NOTE THAT THE LIST BELOW IS NON-FINITE.
7.2.1.Engage in or encourage any unlawful, illicit, illegal, criminal, or fraudulent activities, including but not limited to provoking, calling for, promoting or providing information about how to carry out acts of crime or felony or contributing to or facilitate carrying out or supporting the same such as theft, fraud, robbery, forgery, faking, bribery, killing, suicide, blackmail, threat, rape, commercial cheating and breaching the properties of others, abduction, evasion from application of law, money laundry, smuggling prohibited content and other crimes punishable by the law.
7.2.2.Support or engage in terrorism in any way, including but not limited to, by creating, publishing, sharing, supporting any content relating to terrorist groups or any illegal, group, association, organization or body or any content that facilitates communication with their leaders or members or to attract members or promote and favor their ideas or assist in financing their activities or contribute to assisting them actually or any content that publishes methods of making fire or explosive devices or any other tools used in terrorist acts, and/or by inciting, encouraging or enabling the commission of a crime against any country or one of its citizens or employees or its interests or public funds or public facilities abroad, including embassies, consulates, missions, or affiliate offices.
7.2.3.Practice deception, fraud, theft and embezzlement; insulting, slandering or defamation; illegally compile, publish or allow others to have access to bank statements or accounts, data, credit or electronic card numbers or any electronic payment method and also compile, publish or allow others to have access to names, secret numbers or access codes to websites or information technology means such as email and others; impersonate or claim status of others for fraudulent purposes.
7.2.4.Promote witchcraft or other similar practices, especially such that might result in violations of human rights, including causing any physical harm.
7.2.5.Transmit any viruses or other computer codes, files, programs, instructions, or technological means, distribute cracks, warez, ROMs, virus, adware, worms, trojan horses, malware, spyware, or any other similar malicious software and products that disrupt, damage, interrupt, hijack, limit, destroy, or interfere with the use or negatively affect the functionality of computers or related systems, computer software, hardware, network or telecommunications equipment.
The prohibition to use viruses and malicious programs always includes prohibition to promote or support or contribute to establishing, publishing, distribution and development of malicious programs and viruses, hacking and piracy programs and the sites that provoke, promote, or publish information about how to hack networks, information technology devices or communications or having access to the same without right or to disrupt them in addition to the sites that provide supporting services for the above, as well as support or provoke attacking information technology or communications networks for the purpose of disrupting the same.
7.2.6.Cause any network resource to be unavailable to its intended users, including, without limitation, via denial-of-Service (DoS) or distributed denial-of-service (DDoS) attacks.
7.2.7.Assault, interfere, gain unauthorized access, deny service in any way or form, cause damage or service disruption to any other network, computer, or node through our Services and/or Website.
7.2.8.Communicate, transmit, store, make available, share, or otherwise distribute anything, including content, that is illegal, abusive, harassing, or otherwise objectionable, i.e. anything that interferes with rights of the Company, Clients, or other third parties, or causes conditions that are dangerous, hazardous, and detrimental to others, or anything that most users and/or the Company would find to be offensive or inappropriate.
7.2.9.For the avoidance of doubt, it is noted that illicit content might not be forbidden by law but is considered to be improper or socially forbidden as they go against social norms and values and can be assessed differently in different contexts. Such cases might be, but are not limited to pornography and nudity content; internet content that promotes or facilitates publishing or exchanging child pornography; motivates, supports, promotes, or publishes opinions that include aggression to public manners or involves corrupting youth or calling for embracing or promoting destructive principles; motivates and supports or promotes practice of vice, adultery, prostitution or illegal and unethical relations and the internet content related to human trafficking crimes or those including prostitution advertisements; promotes or is used for the purpose of trading immoral or forbidden by law goods or services, including, but not limited to counterfeit money, hazardous waste, endangered species of animals, birds and plants or their members according to international treaties, counterfeit and fake goods, firearms, ammunition and explosives, illegal drugs – it is strictly prohibited to promote or contribute to trading with drugs and mind affecting substances and the manner of using or manufacturing the same or obtaining drugs or facilitating their circulation in circumstances that are not legally authorized.
In all cases any abuse towards minors, any type of hate speech, threat of harm to health or life, manifestations of extremism, spread of disinformation and fake news, especially in socially sensitive topics as health, safety, human rights, etc., as well as incitement to do similar acts are considered as a breach of this prohibition.
THE CONCEPT OF UNLAWFUL AND ILLICIT CONTENT MAY DIFFER DEPENDING ON THE LOCATION THAT YOU ARE USING THE SERVICES AND THE WEBSITE FROM. AT ALL TIMES YOU ARE SOLELY RESPONSIBLE FOR MAKING SURE THAT YOUR USE OF THE SERVICES/WEBSITE IS IN COMPLIANCE WITH APPLICABLE LAW, RULES AND MORAL REQUIREMENTS.
7.2.10. Engage in or encourage discrimination, racism, and contempt of religion, such as promoting, offending, defaming, insulting, ridiculing, or violating any of the religions or any of its rites, sanctities or divine books, or interfering with freedom to practice one’s religion by violence or threat; promoting or favoring what would raise sedition, hatred or racism or sectarianism or harming national unity or social peace or disturb the public order or public morals; promoting or creating any form of discrimination and provoking hate speech with intent to incite hatred between individuals and groups.
7.2.11. Violate, infringe, or misappropriate the Company, our licensors and/or any other third parties' copyright, other intellectual property rights, privacy, or other legal rights. Any use of the Website and/or Services for downloading or distributing pirated material, as well as any other form of intellectual property rights breach is considered as a breach of this prohibition. Such cases might be, but are not limited to providing and publishing movies, photos, drawings, books, electronic programs and games, encrypted TV and radio channels and other intellectual property rights in electronic form without legal right to do so; providing information, tools and methods aiming to infringing intellectual property rights and penetrating the protection means used for protecting such rights as decoding movies and coded TV channel sand operation of copied magnetic diskettes and copied electronic programs and games and deactivation of protection systems designed exclusively for combating piracy.
7.2.12. Commit, engage or encourage any type of fraud, including but not limited to click fraud and generating fake traffic. An act of illegally clicking on pay-per-click ads or any other links by human, bots or software force to increase site revenue or to exhaust site‘s advertising budget, as well as to achieve any other goal such as to falsely increase a site’s audience in any site that is owned by You or any other person, and/or falsely generate large amounts of automated requests over the internet while using the Services which might negatively affect provision of our Services to other users is considered as a breach of this prohibition.
7.2.13. Create dishonest social engagement such as creating and operating fake profiles in social media, creating fake reviews, leaving fake likes or generating shares/comments, conducting romance and other similar scams.
7.2.14. Conduct privacy invasion, including but not limited to using tools for phone tapping, espionage, theft or publication of private information or tracking, recording or intercepting communications or conversation without right; exposing news, photos or comments related to the private or family life even if it is true if publishing the same shall harm the concerned person in publication, including disclosing of a secret that may harm a person’s reputation, wealth or trade name or the publication of something intended to threaten or force them to pay money or provide benefit to others or be deprived of freedom to work; exposing medical examinations, medical diagnosis, medical treatment or care or medical records of other persons; generating internet content that allows access to private information illegally including those related to addresses and phone numbers of individuals or which allows disturbing others such as spam messages.
7.2.15. Enhance or operate a service or an entity that competes with the Services or assist any other party to do so, or build a product using similar ideas, features, functions, or graphics of the Services and/or Website or copy any ideas, features, functions, or graphics of the Services and/or Website.
7.2.16. Interfere with or disrupt the integrity or performance of the Services and/or Website.
7.2.17. Access and use the Services if You have been or are prohibited to access the Services, or if your Account has been suspended or terminated due to any reason.
7.2.18. Use any robot, spider, scraper, or other automated means to access our Website or Services for any purpose, or otherwise exceed reasonable use limits without our prior written permission.
7.2.19. Resell or in any other way commercially exploit any or/and all of the Services, as well as any or/and all intellectual property rights of the Company.
7.2.20. Use the Services and/or Website for anything other than lawful purposes, and to the extent permitted under applicable law, otherwise violate or attempt to evade, or circumvent this Agreement.
7.3. As the Company is incorporated and based in Estonia, any use of the Website and Services shall be in accordance with the applicable local Estonian law, as well as the EU law, regulations, procedures and requirements (see Section 13 “Governing Law and Dispute Resolution” for more information). The Client acknowledges and agrees that the Client is solely responsible for making sure its activities are in accordance with such regulations. The Client shall always check the up-to-date legal information applicable to the usage of the Website and Services. The Company encourages the Client to seek professional legal advice in case of any doubt regarding the legality of its planned actions.
7.4. Blocked Websites and Disclosure of Vulnerabilities. Access to website and web pages that contain prohibited content can be blocked by the internet service providers in Your location. Furthermore, The Company shall have a right to block access to any website while using the Website and/or Services at its sole discretion. Some websites are fully blocked, and to access others the Client might need to complete additional verifications or make other actions.
7.5. Blocked Websites. Access to websites and web pages that contain prohibited/illicit content can be blocked by the internet service providers in Your location. Furthermore, The Company shall have a right to block access to any website while using the Website and/or Services at its sole discretion. Some websites are fully blocked, and to access others the Client might need to complete additional verifications or make other actions.
We strive to ensure Your and public’s interests, and make our Website and Services safer. With that in mind, be aware that the Company and third-party service providers we use
are currently blocking websites with prohibited/illicit content that includes, but not limited to (see Clause 7.2.9 for more clarification), materials which encourage violence, criminal behavior or dangerous behavior (e.g. creating weapons, taking or making drugs and carrying out fraudulent or terrorist acts); highly graphic sexual acts that would be likely to offend a reasonable adult; content that shows self-harm or explains how to do it; footage that shows real or simulated violence or crimes, etc.
Via our Services You also can’t access online -gambling and igaming websites or websites with any and all similar features; any bank websites, regardless of where the bank
is registered or if the bank provides services in Your country of residence, or regardless of whether it is a payment page of a bank, or simply a bank’s blog- or info-page; any government services websites; login pages of social media, online-retail or other websites.
WE STRONGLY ENCOURAGE YOU NOT TO ACCESS, TRY TO ACCESS OR TO UNBLOCK BLOCKED WEBSITES, WHILE USING OUR SERVICES. IT MAY RESULT IN SUSPENSION OR TERMINATION OF YOUR ACCOUNT, AS PER SECTION 11 “SUSPENSION AND TERMINATION” OF THE AGREEMENT.
The Company reserves the right to add or retract at any time and on its own discretion any website/content blocking. You should always check the available and up-to-date information in this Agreement regarding the website/content blocking before using the Website and/or Services, and if you need further clarifications contact us via email: hello@luxeproxy.com.
7.6. Please Report Violations. The Company is encouraging You to share information on any violations of the prohibited and restricted use rules, as well as on any websites/data the Company should consider blocking. Furthermore, the Company encourages you to share any information regarding any security or technical issues you may notice/believe existing in the Website and/or Services. The Client acknowledges and agrees that any sharing of information with the Company is voluntary, and that Client shall not be entitled to any financial reward (see Clause 6.5 “Feedback” for more information).
7.7. THE CLIENTS ARE EXPECTED TO EXERCISE REASONABLE PERSONAL JUDGEMENT WHEN DECIDING WHICH INFORMATION, WEBSITE OR ACTION IS CONSIDERED TO BE PROHIBITED.
8. DISCLAIMER OF WARANTIES
8.1. DOUBLE-CHECK THE INFORMATION. WE TAKE REASONABLE EFFORTS TO IMPROVE ACCURACY AND UPDATE INFORMATION ON OUR WEBSITE IN A TIMELY MANNER, WITH RESPECT TO OUR SERVICES/SOFTWARE/MATERIALS, OR THIRD-PARTY INFORMATION, OR OTHERWISE. HOWEVER, INFORMATION ON THE WEBSITE IS NOT PROMISED OR GUARANTEED TO BE CORRECT, CURRENT, OR COMPLETE, AND THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.ACCORDINGLY, MAKE SURE YOU CONFIRM THE ACCURACY AND COMPLETENESS OF ALL POSTED INFORMATION BEFORE MAKING ANY DECISION RELATED TO ANY SERVICES IF IN ANY DOUBT. IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US VIA EMAIL BY SENDING AN INQUIRY TO HELLO@LUXEPROXY.COM.
8.2. THE WEBSITE AND THE SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTS. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND FOR ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE SERVICES, EXCEPT THOSE SET FORTH IN THIS AGREEMENT. ANY STATEMENTS WHATSOEVER MADE BY THE COMPANY TO THE CLIENT OUTSIDE OF THIS AGREEMENT ARE NOT MATERIAL AND HAVE NOT RELIED UPON BY THE CLIENT. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR USE OF THE SERVICES, AND WE DO NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE OF THE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, NOR THAT THE SERVICES WILL BE AVAILABLE FOR YOUR ACCESS OR USE, NOR THAT OPERATION OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.
PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER JURISDICTION.
9. LIMITATION OF LIABILITIES
9.1. Risk Awareness. There are inherent risks in relying upon, using, transmitting, or retrieving any data and/or content on the internet, and we urge You to make sure you understand these risks before using the Services. The Company disclaims all responsibility for the behavior of its Clients, users and/or visitors when they access or use the Website and Services.
As a Client, You acknowledge, understand and accept that the following risks are associated with the use of Website and Services. Not limited to these examples, You acknowledge being aware of the inherent risks set forth above and hereinafter:
9.2. Risk of Software or Other IT Weaknesses. There is no guarantee or warranty that the process using Website and/or Services will be uninterrupted or error-free, and there is an inherent risk that the software and associated technologies and theories could contain weaknesses, vulnerabilities or bugs. We give no warranty or representation that the Website and/or Services will be wholly free from defects, errors, and bugs, such as downtime, loss of data, corrupt data, service delay, mistakes, out-of-date information, or other. Notwithstanding any other provision of the Agreement, we reserve the right to modify, suspend, or terminate access to the Services, or any functionality comprising a part of the Services at any time. In no event, to the extent permitted under applicable law, will we be liable for making these changes. In exceptional and very limited cases, our Services may be unavailable from time to time due to human, digital, mechanical, telecommunication, software, and other failures. We cannot predict or control when such downtime may occur and cannot control the duration of such downtime;
9.3. Regulatory Risk. It is possible that certain legal systems apply existing regulations or introduce new regulations that have a negative impact on the current setup of the Website, as well as usage of the Website and/or Services. The Company will make every effort to abide with and always comply with all forms of the applicable regulation. However, the Client has an obligation to make sure its usage of the Website/Services is in compliance with the applicable law;
9.4. Risk of Theft and Internet Vulnerability. The underlying software application and software platform, other software involved, other technology components and/or platforms might be exposed to electronic or physical attacks that can impair the ability to develop, implement or use Website and/or Services;
9.5. Tax Risk. The tax consequences of using the Website and/or Services might have tax implications at the level of a Client, therefore You should consult your own tax advisors regarding the tax consequences in connection with the Website and/or Services;
9.6. Spoofing and Phishing Attacks. You should be aware that messaging and email services are susceptible to spoofing and phishing attacks and should be careful when reviewing messages/emails that claim to be from the Company. You should always log into your Account via panel.luxeproxy.com, use communication tools on the Website (e.g., online- chat) or contact us via email by sending an inquiry to the address hello@luxeproxy.comif You are unsure about the authenticity of a communication or notice. Note that phishing attacks often occur despite email or equivalent services, via search engines or advertisements in search engines or other fraudulent links. The Company takes no responsibility for any loss due to spoofing, phishing, or other equivalent attacks.
9.7. YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN RISK. THE COMPANY ANDITS AFFILIATES, NOR ANY OF THEIR EMPLOYEES, OFFICERS OR DIRECTORS, SHALL BE LIABLE FOR ANY DIRECT,INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES(INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF BUSINESS, LOST PROFITS, INTERRUPTION OF BUSINESS, COST OF COVER OR ANY OTHER DAMAGES) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICES OR WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED WHAT YOU PAID TO THE COMPANY DURING TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY AND SHALL NOT INCLUDE ATTORNEY FEES OR COURT COSTS IRRESPECTIVE OF ANY LAWS OR STATUTES THAT MAY PRESCRIBE OTHERWISE. YOU ACKNOWLEDGE THAT THE AMOUNT OF FEES PAYABLE BY YOU TO THE COMPANY HEREUNDER REFLECT THE ALLOCATION OF RISK SET FORTH IN THE AGREEMENT AND THAT THE COMPANY WOULD NOT HAVE ENTERED INTO THE AGREEMENT WITH YOU WITHOUT THE LIMITATIONS ON ITS LIABILITY CONTAINED IN THIS SECTION.
9.8. Some jurisdictions restrict or do not allow the limitation of liability in contracts (e.g., limitation of liability for death or personal injury caused by other party's negligence, fraud, or fraudulent misrepresentation, willful misconduct, or gross negligence). As a result, respective provisions of this Section may not apply to you. In cases where such restrictions on the limitation of liability apply, the liability of the Company shall be limited to the fullest extent permitted by certain applicable law.
9.9. Please also note, that You, as a Client, shall be solely responsible for making sure You are able to use Services and access the Website, meaning You shall be responsible for any hardware, software or other technical requirement compatibility (e.g., mobile data, internet connection, etc.). If You are not able to access the Website and/or use Services due to lack of compatibility with your technical gear, in a broad sense, You may seek advice by contacting the Company via email by sending an inquiry to hello@luxeproxy.com. The Company will try its best to navigate You in your matter, but in no way shall be obligated to provide You with solution, advice or instructions in any sense in regards to the compatibility.
9.10. Additionally, please note that the Company takes every reasonable precaution and security measures aimed at securing the Website and the Services, nevertheless the Internet is not a secure network and system reliability could be impaired independently of the Company's efforts and will. That is, the Company cannot be held liable for unpredictable events such as cyber-attacks, security breaches regarding the transmission of data or for performance guarantees regarding the volume and speed of data transmissions. Clients are responsible for taking all appropriate measures to protect their own data, software, equipment, and systems, particularly from contamination by any viruses circulating on the internet. We encourage You to set up your security measures with additional attention.
10. INDEMNIFICATION
10.1. The Client agrees at their own expense to indemnify, defend, and hold harmless the Company, its affiliates, and each of their respective directors, officers, employees, agents, distributors, and licensees from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses – including, without limitation, reasonable attorneys' fees, expert witness fees, and expenses, – incurred in, arising out of or in any way related to (i) Client’s breach of the Agreement, (ii) Client’s failure to comply with any and all applicable laws, rules or regulations, (iii) Client’s (or any other user’s of Client’s Account) use of Services, (iv) Client’s negligence or willful misconduct. The Company shall not be responsible for any delay or disruption to Client’s use of the Services, including any damages stemming therefrom, caused by circumstances falling under this Section.
11. SUSPENSION AND TERMINATION
11.1. Suspension and Termination by the Company. We may suspend or terminate your Account and/or Services, if (i) the Account holder does not match the owner of the Account or the Client is not of a legal age as per the requirements of the applicable law or Client’s representative is not properly authorized, (ii) there are any other discrepancies between the information You provided upon registration or after, e.g. you are using the Services from the restricted location, (iii) we cannot charge you for the auto-renewed Subscription, (iv) you breach Section 7 of the Agreement (“Prohibited and Restricted Use”), (v) you breach any applicable laws or regulations, (vi) it is required to do so by law or competent authority, e.g. where the provision of the Services becomes unlawful in your country of residence, (vii) your actions in any way poses security, reputational, financial or other risks to the Company, its affiliates, any other third-party, proper functioning of the Website/systems/software, proper provision of the Services to any other person, (viii) you breach material obligations under this Agreement, violate its warranties, (ix) in other instances, that the Company at its own discretion considers material. The Company reserves the right to suspend any provision of the Services (in part or in full) and/or to remove access to the Account at any time upon the decision of the Company.
11.2. In case the Client’s right to access the Account or to use the Services is suspended, the Company shall inform the Client by providing a written notice via email. Such notice should include the reason for suspension, the term of suspension (if the suspension is indefinite, the notice should indicate so), any action the Client needs to take in order to eliminate the violation (if any) in order to lift the suspension. If the situation warrants, we will send You a notice before suspending or terminating your Account and/or Services, and we will give you a reasonable opportunity to fix the issue before suspending or terminating your Account and/or Services. We may (but have no obligation) suspend your Account for a reasonable period of time before we terminate it permanently.
11.3. Any suspension or termination of your Account and/or Services by the Company applies to You personally. You may not access our Services through any other Account that You own or create or through Accounts owned or created by others.
11.4. In case the Account was terminated due to a violation of this Agreement in any way, the Client shall not be entitled to receive any refunds or rewards upon the termination. Upon termination, Your right to use the Services will cease immediately. Termination of the Agreement shall not eliminate the Client’s obligation to pay for the Services in full.
11.5. In all cases where the Company has reason to suspect that a violation of legal acts has been committed, the Company shall have the right at on its own discretion to address competent law enforcement authorities about the violation (including but not limited to the essence of the violation and personal data of the Client) and, if the suspicions are confirmed, to ban the Client in fault from using the Services for life or for any other period upon sole discretion of the Company. If a lifetime ban is applied, Your credentials (such as name, surname, IP address, email address, or other) may be blocked from using the Services, Website and other products of the Company (systems/software/materials).
11.6. Termination by You. If You wish to Terminate the Agreement, please first log-in into your Account, and then select option “Delete Account” in the Settings to terminate your Account without a possibility to renew your Account. You can also contact us via email by sending an inquiry with the title “Delete account” to hello@luxeproxy.com. Your account will be deleted within 48-hours after we receive the email.
12. THIRD PARTY SERVICES
12.1. Third Party Services. The Company is acting as a main service provider under the Agreement and shall always be considered as one. However, the Company may contract other persons (e.g., other group companies (if any), third party service providers, etc.) to ensure proper provision of the Services to its Clients. The Company at its own discretion may use or provide access to third parties to provide services like payment processing, register users, etc. The Client understands and accepts that in order to ensure proper use of Website, systems/software and provision of Services, Client‘s data may be disclosed to such third-party service providers. The List of the Third-Party Service Providers contracted by the Company please see in Privacy Policy available on https://luxeproxy.com/legal/privacy_policy.
12.2. The use of third-party services is subject to the third-party’s terms of service. The Client acknowledges and understands that the Company is not responsible for the provision of such services, also, for processing of data performed by such third parties and that any and all disputes arising in relation to the third-party’s services shall be resolved directly between the Client and the respective third-party.
12.3. Any links on the Website to third-party websites are provided solely for your convenience. If You access those links, You will leave our Website. The Company does not endorse or make any representations about such third-party websites, and the Company is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on those websites.
13. GOVERNING LAW AND DISPUTE RESOLUTION
13.1. Governing Law. The Agreement is governed by the law of Estonia except for its conflicts of law principles. Your use of the Website and Services may also be a subject to mandatory provisions of local laws of your country, and/or other local, state, national or international laws. In such cases, mandatory provisions of the local laws of your country of residence, and/or other local, state, national or international laws apply.
Each party shall comply with all applicable anti-corruption, anti-money laundering, economic and trade sanctions, export controls, and other international trade laws, regulations, and governmental orders in the jurisdictions that apply directly or indirectly to the Services and the Website.
13.2. Out-of-Court Dispute Resolution. In case You have a concern about or an issue with our Website, Services, or our Company itself, we encourage You to first email us at hello@luxeproxy.com, so that we together can try to resolve the dispute informally, i.e. without needing a formal legal case. Please include in your email your name, a detailed description of the dispute, and the relief you seek, and we will contact you via email to try to meet your concern.
13.3. Judicial Dispute Resolution. If the out-of-court negotiations are not successful and the dispute is not resolved, You or the Company may bring a formal proceeding to the courts of Estonia. If you reside in another country of the European Union, where laws provide consumers the right to bring disputes in their local courts, in such cases, mandatory provisions of the local laws of your country of residence apply.
13.4. Online Dispute Resolution in the EU. If you are a consumer, you may report the dispute to a consumer dispute body in your country of residence, in accordance with local regulations and practices. If You reside in the EU, Switzerland, Norway, Iceland or Liechtenstein, You are entitled to address any dispute with the Company through an internet platform for online dispute resolution established by the European Commission which you can access at: https://ec.europa.eu/consumers/odr/.
1.1. Agreement. Thank you for choosing us. Before starting, please read this Fintech agency OÜ Terms of Service Agreement (the “Agreement”) carefully. Among other things, the Agreement covers the scope of your use of and access to the Luxeproxy Services, as they are set forth below, as well as in full governs the contractual relationship between Fintech agency OÜ as a service provider and natural or legal person as a service user/client.
1.2. Company. For the purpose of the Agreement, the “Company”, “we”, “us”, or “our” means Fintechagency OÜ – a legal entity, incorporated in Estonia and entered into the E-Business Register on 23.12.2022 under the registration No. 16638667, address: Estonia, Tallinn, Kesklinna linnaosa, Vesivärava tn 50-301, 10152. The Companyis acting as a main service provider under the Agreement.
1.3. Client. Any person using Company’s services/website is considered to be a client of the Company under the Agreement (the “Client”/“You”). The Client can be a natural person or legal person, represented by a natural person.
1.4. Website means luxeproxy.com (the “Website”).
1.5.Services. The Company provides multiple IP address proxy infrastructure solutions, including IP addresses for the Clients to connect to the internet, and access to the Company’s data gathering and proxy management solutions (the “Services”). The Services can be reached and used via Website. The Client shall be entitled to use the particular service of the Services for which the Client has paid in full, only for the paid period.
Full list of the Services is available on the Website. The Company shall have a right to change the list of Services (modify, update, suspend or terminate Services) from time to time, without any prior notification to the Client.
1.6. Accessing the Services and/or Website. The Company offers Services only for natural persons of legal age (eighteen or more) and for duly established legal entities. You, as a natural person, as well as a user of the Company‘s Services, shall be responsible for making sure You are eligible to use the Company‘s Services. You, as a representative of a legal person, which is a user of the Company’s Services, shall be responsible for making sure of having all necessary authorization.
By entering into this Agreement, You affirm that you are 18 (eighteen) or more years of age and/or have the authority to act on behalf of a valid legal entity, and you are fully able and have all rights and power to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with it.
1.7.Binding Legal Agreement. Please note that the Agreement constitute a binding legal agreement between You or those you legally represent and the Company as a service provider. You agree and accept to be bound by this Agreement by either: (i) creating a user account within the Website to use Services (“Account”), (ii) ordering/purchasing/accessing/using Services and Website in any scope or way, or (iii) otherwise electronically agreeing to be bound by the Agreement. If You are using the Services on behalf of an organization, you are agreeing to this Agreement for that organization and acknowledging that you have the authority to act on behalf of that organization and commit to this Agreement on behalf of that organization.
BY USING SERVICES AND WEBSITE, YOU ACKNOWLEDGE READING THE AGREEMENT AND UNDERSTANDING THAT YOU HAVE ENTERED INTO A LEGALLY BINDING AGREEMENT BETWEEN YOU, AS A USER, AND THE COMPANY, AS A SERVICE PROVIDER.
1.8.Effect of the Agreement. This Agreement takes effect at its full scope at the moment You sign up within the Website by creating an account as indicated in Section 2 of this Agreement. The rules of this Agreement mutatis mutandis are applicable to the use of the Website prior to, i.e. without signing up to the Website/creating the Account, including but not limited to, the rules set forth in Privacy Policy.
1.9.OUR SERVICES ARE OFFERED TO YOU CONDITIONAL ON YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DISAGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT IN ANY SCOPE OR WAY, YOU MUST NOT USE OR MUST IMMEDIATELY CEASE YOUR USE OF THE WEBSITE OR ANY PART OF IT, AS WELL AS ITS FEATURES AND FUNCTIONALITIES.
1.10. Updates to the Agreement. We develop our Website and Services introducing new features or modifying current ones constantly. In addition, we may need to update the Agreement by amending it from time to time for various reasons, i.e. (i) to comply with the law, (ii) to comply with orders/recommendations of regulatory authorities, (iii) to add additional functionality, services, features, technologies and/or benefits, or to remove the old ones, (iv) to correct errors and bugs, (v) to clarify the Agreement, (vi) to prevent abuse or harm, (vii) for any other valid reason. Such updates shall be made by the Company unilaterally at any time without notice. You understand and agree that it is your obligation to review the Agreement from time to time in order to stay informed on current rules and obligations. Unless it is stated by us otherwise, each update of the Agreement comes into force as of the moment when amended Agreement is published.
The continued use of the Services by You shall be deemed as acceptance of the Agreement in the last and most updated version. You can also end your relationship with us at any time after the effective date of the updated Agreement by closing your Account and/or not accessing our Services and Website.
THE AGREEMENT MAY CHANGE, SO IT IS IMPORTANT TO REVIEW IT PERIODICALLY.
The latest version of Agreement shall be available at https://luxeproxy.com/legal/terms_of_service.
1.11. Contact Us. For the matters regarding this Agreement please contact the Company via email, by sending your inquiry to hello@luxeproxy.com.
2. YOUR USER ACCOUNT
2.1. Account. If You wish to use the Services, You must set up (register) a user account within the Website by filling the registry form and providing certain information and confirmations (e.g., your name and/or organizations’ name, email address, password, billing information, country, other (if any)). The registry form is available at https:// panel.luxeproxy.com/auth/register. Once all steps are fulfilled, You will be able to use your user’s account (the “Account”).
2.2. Privacy Policy. Upon using the Website, You allow cookie use by customizing the preferences or by allowing all cookies, and by creating an Account You give your permission (consent) for your personal data processing for provision of the Services and proper usage of the Website, as well as for direct marketing and advertising purposes. You acknowledge and agree that the Company may process your personal data without your consent where processing is necessary for the performance of the Agreement to which You are a party. You must read the terms and conditions applicable to personal data protection and cookies used by the Company. The latest version of Privacy Policy, containing cookies’ policy, is available at https://luxeproxy.com/legal/privacy_policy.
2.3. Information You Provide upon Registration. Upon filling the registration form, the Client must provide:
2.3.1. Personal information of the Client/its representative;
2.3.2. Name of the company, if the Client is a legal entity (organization);
2.3.3. Valid email address;
2.3.4. Country of residence;
2.3.5. Valid phone number;
2.3.6. Unique password, created by the Client;
2.3.7. Requirements for the Service (expected number of IPs a month, type of purchase, traffic volume, required use duration etc.);
2.3.8. A confirmation that the Client agrees to the Agreement and Privacy Policy of the Company;
2.3.9. A confirmation that the Client/its representative is a natural person.
2.4. The Company may change the list of required information by modifying, adding, or reducing the list of information needed for setting up an Account.
2.5.Verification of Your Personal Information. It is mandatory for the Client to accept Agreement, Privacy Policy and any other rules governing Services and/or Website (if any). For the proper provision of certain Services, the Company shall have a right to ask You to verify your identity or any provided information. All verifications shall be done in accordance with rules set forth in the Privacy Policy.
2.6. Email Verification. The Client shall always carry out the email verification step by clicking on an active link received in the registered email.
2.7. CAPTCHA Test. The Client might be asked to perform a test to tell computers and humans apart (the “Completely Automated Public Turing Test to tell Computers and Humans Apart”/”CAPTCHA”) and to complete it successfully as a mandatory step for creating an Account. The Client may be asked to perform such tests while completing logging-in procedure or when confirming order/payment/withdrawal or at any other stage at the discretion of the Company.
2.8. Renewal and/or Re-submission of Your Information. The Company may ask You to re- submit or renew any of the data needed for the set-up of the Account and/or ordering the Services. Such requests can be made at any time from time to time or on an ad- hoc basis at the Company’s discretion.
2.9. Validity of Your Information. By creating the Account, the Client declares that the information provided to the Company is true, complete, valid, up-to-date and that the Client is the owner and/or has legitimate ground for the usage of said data. For the avoidance of doubt, the Client confirms using its own (its representative’s) email address, using its own bank account to pay for the Services, etc.
2.10. Confidentiality of and Access to the Account. Accounts can be created for both personal and business use, respectively by a natural person and a legal person, represented by the natural person. However, the Client shall not share its log-in credentials with any third-party or unauthorized person. The Account is strictly for Your own use and cannot be used to use Services on behalf of another individual or organization. You agree to accept responsibility and are solely responsible for any and all usage and activities that occur under your Account or password, including, but not limited to, use of the Account by any other person, whether or not authorized by you. You are responsible for maintaining the confidentiality of your Account and its password, and for restricting access to your Account by any other party. To protect your Account, keep your password confidential. Do not reuse your Account password with other services. You agree to immediately notify us of any unauthorized use of your Account or password.
3. PRICES AND PAYMENTS
3.1. Total Price. Services may be available for a fee or for free (e.g., Services on a free-trial basis for a limited period of time – see Clause 3.4). The Company shall have a right to unilaterally, and on its own discretion, determine prices of Services, the duration of the validity of the price, the applicable promotions and discounts, other rules related to the payment of the Services. The latest and up-to-date list of applicable prices for every Services’ category is available on our Websiteluxeproxy.com.
3.2. Taxes. Prices of our Services displayed to You provided exclusive of taxes, i.e. net of any withholding taxes or any other taxes. You, as a Client, shall be responsible for paying any applicable taxes, levies, duties or any other fees, if applicable.
3.3. Change of Prices. We may from time to time and at our reasonable discretion change the price of our paid Services, to reflect the changes of the total costs associated with our Services (e.g. costs of sales, marketing, cost of personnel, service providers and services, IT systems, energy etc.). Any changes to the pricing will not affect your current subscription period or already paid single-time Service use and will become effective only upon the subscription renewal, or for any of your future orders. You should always check the Website for applicable prices and features for every Service before making an order. Subject to applicable law, (i) if You disagree with any proposed change of renewal price, your sole remedy is to cancel your subscription before the next charge is made, or to not make a new order, and (ii) your continued use of the Services without canceling the subscription constitutes your agreement to pay the new renewal price for the Services.
3.4. Free Trials. In some cases, we may offer a free trial for our paid Services prior to charging your payment method (the “Free Trial”). Services provided on a free-trial basis are for a limited period of time. If You are using such free-trial basis Services, after the expiry of such trial, your right to use the Services shall be suspended until You make a payment for further provision of the Service.
3.5. Payments. You agree to pay us for any paid Services you purchase from us, as well as all other charges incurred under your Account, including applicable fees associated with your purchase of the Services, if any. The applicable fee calculation, payment method, period of the provision of Services, and the fee charging frequency is indicated in the Website, as well as Client’s Account, and confirmed by the Client when confirming an order. We may suspend or cancel the Services if we do not receive a full payment from you on time.
3.6. Payment Methods. To purchase Services directly through us, i.e. on our Website, you must provide us with a current and valid method of payment, such as a credit or debit card or any other payment method available on the Website.
3.7. Billing. By providing us with a payment method, You (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate, (ii) authorize us to charge the payment method you provided, and (iii) authorize us to charge you for any paid Services you chose when making a purchase. You can view your billing history at any time in your Account. If You have any questions related to payments, please contact us.
3.8. Fraud Protection. The Company reserves the right to verify credit/debit card payments prior to completing your purchase.
3.9. Payment Processing. The Company also reserves the right to (i) retry failed payments to complete transactions and, (ii) change or amend authorized payment companies to assist with payment processing.
3.10. Subscription. We provide our Services for single-time use, as well as on subscription basis (e.g., monthly, annually, or otherwise). Subscription means that the provision of the Services will auto-renew at the end of the current Subscription period, unless You cancel it before the auto-renewal (the “Subscription”). You can purchase the Services on a Subscription basis in two payment-wise variations, i.e. when (i) payments are due on a schedule, i.e. payments are automatically made based on the expired time period, or (ii)payments are due on the used proxy basis, i.e. payments are made based on the amount of proxy You used. The payment basis is set by the Company and indicated in the description of the Service You are ordering with Subscription. In all cases, You must express the will to order the Service with Subscription and shall have a right to revoke such option under the rules applicable for a respective order. You must ensure that payment details provided to the Company are valid and ensure sufficient limit of funds available for the whole period of ordered Subscription.
3.11. Recurring Payments. When You purchase the Services on a Subscription basis (e.g., monthly, annually, or otherwise), you agree that (i) Services will auto-renew until you cancel it, (ii) you are authorizing recurring payments, (iii) payments will be made to the Company by the method and at the recurring intervals you have agreed to.
3.12. Services Provision Types. The Company provides Services on various bases: (i) a used proxy/GB basis (the fee is calculated based on the quantity of proxies ordered or GB used by the Client), (ii) a one-time-order basis, providing a right to use certain Service for a one-time payment for a set period of time, (iii) a monthly/yearly/or otherwise subscription (see Clause 3.10), (iv) individual offer for organizations and wholesale clients.
3.13. Top-Up System Credits. You may choose to buy our top-up system credits (hereinafter “Credits”) with which you shall be able to pay for the services through your Account. 1 (one) Credit shall cost you 1 (one) US dollar plus any additional applicable taxes, levies and duties (VAT, withholding, customs or other) payable by you. You shall be able to use Credits for the Services specified in your Account and each Credit shall be worth 1 (one) US dollar. Credits shall expire if unused for 12 (twelve) months and no refund shall be issued after the expiration. If, at any point, there are not enough Credits on your Account to cover your current plan payment when the payment is due, we may cancel your plan without notice. All refunds, if any, regarding services paid with Credits shall be paid out by us as Credits to your Account. Credits may not be refunded for any reason, other than the ones specified in this Agreement (see Section 4 “Refund Policy”).
3.14. Changes of Payment Details. If any of your payment details change (e.g.,card number or its expiry date), please let us know as soon as possible so we can continue to provide the Services when it comes time for the Subscription renewal. If You update payment details in your Account, the updated information will be regarded as your preferred method for any future payments.
3.15. Payment Providers. Purchases may be processed through various payment providers and/or handled via multiple payment companies. The Company uses services from the following providers: TBD.
3.16. Any claims regarding the applied Services’ fee or amounts charged must be submitted in writing in a reasonable amount of time, but in any case, no later than 3 months after the date of application of the fee or the charging of the amount.
4. REFUND POLICY
4.1. Credits, subscription fees, as well as fees paid for a single-time-use or continuous Service, are non-cancelable and non-refundable, with one exception: If the Service is inactive/works with defects during the first 24 hours from the purchase due to reasons not depending on Your actions (e.g., if a technical failure in our Website/system/software occurs) and the Company is not able to fix the problem promptly (during the same 24 hour period), You are entitled to a full refund of the purchased faulty Service (but after You contact the Company with the proof that the Service is inactive/works with defects). In all cases, You shall contact the Company as soon as possible after noticing the fault by sending all the proof. In case You contact the Company after the initial 24-hour term, it is presumed that the Services purchased by You were free of defects and You accepted the Service as satisfactory quality-wise.
4.2. The refund, if due under the exception set in Clause 4.1, will be made by Us the same way as the payment by You was made, i.e. to your payment details you provided and from which the payment was made, or as Credits to your Account.
5. SHIPPING POLICY
Please note, since our product is digital, there is no physical shipping involved.
5.1. Delivery of Proxy Services. Once payment is confirmed, your proxy access will be delivered instantly to the email address or Account associated with your purchase. You will receive detailed instructions on how to set up and use your proxy access.
5.2. Delivery Time.For first-time users: Your proxy service details will be sent within 5-10 minutes of purchase verification. For returning customers/subscribers: Access is typically granted immediately after payment is processed.
5.3. Access Issues. If you experience any issues receiving your proxy access or setting up the service, please contact our support team at hello@luxeproxy.com.
5.4. Refunds and Cancelations. As this is a digital service, all sales are final. Please refer to Section 4 “Refund Policy” for more details, and to see exception.
5.5. Service Renewal. We provide our Service (a) for single-time use – in that case Service Renewal depends on You choosing to continue to use the Services at the end of your current paid period, and making a new payment; (b) on subscription basis. Your proxy subscription will automatically renew based on your selected billing cycle. You will receive an email reminder prior to the renewal date. If you wish to cancel your subscription, please do so at least 24 hours before the renewal date.
For any additional questions, feel free to reach out to us at hello@luxeproxy.com.
6. LICENSE TERMS
6.1. License Grant. Subject to this Agreement, and provided that You comply with the Agreement the Company grants You a non-exclusive, limited, personal, non-transferable, non-sublicensable, non-assignable, revocable license to use the Company systems/software/materials provided via the Website solely in connection with your use of the Website and Services on a compatible device that you own or control. You might need to order and pay for a certain Service or Service package to use the Company’s systems/software/materials and be granted the limited license. For the avoidance of doubt, the Client acknowledges its understanding that the duration and scope of the license granted is inextricably linked to the Services ordered and/or paid for by the Client. No other right or license, express or implied, of any kind is granted to You hereunder with respect to the Services and/or Company’s systems/software/materials.
6.2.Use of Company’s licensed systems/software/materials. The Company’s systems/ software/materials provided via the Website is intended for research, personal and Your own legitimate commercial use, and only for lawful and legitimate purposes, as outlined in the Agreement and any applicable laws. The Company materials may not be used for any other purpose than indicated in this Agreement, and this license terminates upon Your cessation of use of the Services or Company’s systems/software/materials provided via the Website, or at the termination of this Agreement. The Company shall have a right to cease supporting the Company’s systems/software/materials provided via the Website in full or in part, or any functionality of the Website at any time for any period of time. In such event Client’s license to use the Company’s systems/software/materials provided via the Websites hall be automatically suspended.
The Agreement, including terms and conditions regarding the license, applies to all versions of the Website and Company’s systems/software/materials provided via the Website, as well as any separate functionality and/or its derivatives.
6.3. We Retain all Rights. Company’s systems/software/materials, used pursuant to the Agreement are licensed, not sold, and You receive no title or ownership of any copy, or of the systems/software/materials themselves, or even more so of the Website and Services. You receive no rights to the Company’s systems/software/materials other than those specifically granted in Clause 6.1. Unless otherwise stated, the Company and/or our licensors retain all right, title and interest in and to the Services, Website, Company’s systems/software/materials, and any portion thereof. The Client also acknowledges that all and any intellectual rights including but not limited to the infographics, data, reports, specifications and any other materials in any medium, which were prepared by the Company and/or developed by the Company in connection with the Website, Services, systems/software are the sole and exclusive property of the Company.
6.4. Prohibited License Use. The Client must not violate the terms of the License, any intellectual rights owned or sought to be protected by the Company and shall use the License and all such intellectual property (including copyrighted and protected merchandise, logos, trademarks of the Company, etc.) for intended purposes only. The Client shall not (i) republish material from the Website unless it is separately allowed by the Company,(ii) sell, rent or sub-license material from the Website unless it is separately allowed by the Company, (iii) show any material from the Website in public,
(iv) reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose, (v) redistribute material from the Website, (vi) edit or otherwise modify any material on the Website,(vii) use the Company’s systems/software/materials provided via the Website in any way that causes, or may cause, damage to such systems/software/materials of the Website itself or impairment of the availability or accessibility of the Website.
6.5.Feedback. The Client may from time to time provide to the Company suggestions, recommendations, ideas, proposals, feedback, reviews or other input to our Services, Website, system, software or other materials (the “Feedback”). All such Feedback is and shall be given entirely voluntarily. The Client acknowledges and agrees that Feedback, even if designated as confidential by You, shall not, absent a separate written agreement, create any confidentiality obligation for the Company. You hereby grant the Company and/or its affiliated companies a perpetual, irrevocable, worldwide license to use Feedback you communicate to us without reimbursement or compensation, without any obligation to report on such use, and without any other restriction. You waive, or agree not to enforce, any and all rights that may now or in future exist, including moral and equivalent rights, in Feedback.
7. PROHIBITED AND RESTRICTED USE
7.1. The Company is committed to ensuring our Services remain as secure and user-friendly as possible. Therefore, it is strictly prohibited to use our Website and Services for any form of illicit activity, including money laundering, terrorist financing or trade sanctions violations, consistent with various jurisdictions’ laws, regulations and norms, etc. We reserve the right at any time, in our sole discretion, with or without notice, to suspend and/or terminate the Accounts and/or Services to any users who violate any applicable laws or the Agreement, whether repeated violation or a single instance (see Section 11 “Suspension and Termination” for more information).
7.2. Prohibited Activities. By using our Website and Services You shall not yourself and/or assist, encourage, or enable others to:
PLEASE NOTE THAT THE LIST BELOW IS NON-FINITE.
7.2.1.Engage in or encourage any unlawful, illicit, illegal, criminal, or fraudulent activities, including but not limited to provoking, calling for, promoting or providing information about how to carry out acts of crime or felony or contributing to or facilitate carrying out or supporting the same such as theft, fraud, robbery, forgery, faking, bribery, killing, suicide, blackmail, threat, rape, commercial cheating and breaching the properties of others, abduction, evasion from application of law, money laundry, smuggling prohibited content and other crimes punishable by the law.
7.2.2.Support or engage in terrorism in any way, including but not limited to, by creating, publishing, sharing, supporting any content relating to terrorist groups or any illegal, group, association, organization or body or any content that facilitates communication with their leaders or members or to attract members or promote and favor their ideas or assist in financing their activities or contribute to assisting them actually or any content that publishes methods of making fire or explosive devices or any other tools used in terrorist acts, and/or by inciting, encouraging or enabling the commission of a crime against any country or one of its citizens or employees or its interests or public funds or public facilities abroad, including embassies, consulates, missions, or affiliate offices.
7.2.3.Practice deception, fraud, theft and embezzlement; insulting, slandering or defamation; illegally compile, publish or allow others to have access to bank statements or accounts, data, credit or electronic card numbers or any electronic payment method and also compile, publish or allow others to have access to names, secret numbers or access codes to websites or information technology means such as email and others; impersonate or claim status of others for fraudulent purposes.
7.2.4.Promote witchcraft or other similar practices, especially such that might result in violations of human rights, including causing any physical harm.
7.2.5.Transmit any viruses or other computer codes, files, programs, instructions, or technological means, distribute cracks, warez, ROMs, virus, adware, worms, trojan horses, malware, spyware, or any other similar malicious software and products that disrupt, damage, interrupt, hijack, limit, destroy, or interfere with the use or negatively affect the functionality of computers or related systems, computer software, hardware, network or telecommunications equipment.
The prohibition to use viruses and malicious programs always includes prohibition to promote or support or contribute to establishing, publishing, distribution and development of malicious programs and viruses, hacking and piracy programs and the sites that provoke, promote, or publish information about how to hack networks, information technology devices or communications or having access to the same without right or to disrupt them in addition to the sites that provide supporting services for the above, as well as support or provoke attacking information technology or communications networks for the purpose of disrupting the same.
7.2.6.Cause any network resource to be unavailable to its intended users, including, without limitation, via denial-of-Service (DoS) or distributed denial-of-service (DDoS) attacks.
7.2.7.Assault, interfere, gain unauthorized access, deny service in any way or form, cause damage or service disruption to any other network, computer, or node through our Services and/or Website.
7.2.8.Communicate, transmit, store, make available, share, or otherwise distribute anything, including content, that is illegal, abusive, harassing, or otherwise objectionable, i.e. anything that interferes with rights of the Company, Clients, or other third parties, or causes conditions that are dangerous, hazardous, and detrimental to others, or anything that most users and/or the Company would find to be offensive or inappropriate.
7.2.9.For the avoidance of doubt, it is noted that illicit content might not be forbidden by law but is considered to be improper or socially forbidden as they go against social norms and values and can be assessed differently in different contexts. Such cases might be, but are not limited to pornography and nudity content; internet content that promotes or facilitates publishing or exchanging child pornography; motivates, supports, promotes, or publishes opinions that include aggression to public manners or involves corrupting youth or calling for embracing or promoting destructive principles; motivates and supports or promotes practice of vice, adultery, prostitution or illegal and unethical relations and the internet content related to human trafficking crimes or those including prostitution advertisements; promotes or is used for the purpose of trading immoral or forbidden by law goods or services, including, but not limited to counterfeit money, hazardous waste, endangered species of animals, birds and plants or their members according to international treaties, counterfeit and fake goods, firearms, ammunition and explosives, illegal drugs – it is strictly prohibited to promote or contribute to trading with drugs and mind affecting substances and the manner of using or manufacturing the same or obtaining drugs or facilitating their circulation in circumstances that are not legally authorized.
In all cases any abuse towards minors, any type of hate speech, threat of harm to health or life, manifestations of extremism, spread of disinformation and fake news, especially in socially sensitive topics as health, safety, human rights, etc., as well as incitement to do similar acts are considered as a breach of this prohibition.
THE CONCEPT OF UNLAWFUL AND ILLICIT CONTENT MAY DIFFER DEPENDING ON THE LOCATION THAT YOU ARE USING THE SERVICES AND THE WEBSITE FROM. AT ALL TIMES YOU ARE SOLELY RESPONSIBLE FOR MAKING SURE THAT YOUR USE OF THE SERVICES/WEBSITE IS IN COMPLIANCE WITH APPLICABLE LAW, RULES AND MORAL REQUIREMENTS.
7.2.10. Engage in or encourage discrimination, racism, and contempt of religion, such as promoting, offending, defaming, insulting, ridiculing, or violating any of the religions or any of its rites, sanctities or divine books, or interfering with freedom to practice one’s religion by violence or threat; promoting or favoring what would raise sedition, hatred or racism or sectarianism or harming national unity or social peace or disturb the public order or public morals; promoting or creating any form of discrimination and provoking hate speech with intent to incite hatred between individuals and groups.
7.2.11. Violate, infringe, or misappropriate the Company, our licensors and/or any other third parties' copyright, other intellectual property rights, privacy, or other legal rights. Any use of the Website and/or Services for downloading or distributing pirated material, as well as any other form of intellectual property rights breach is considered as a breach of this prohibition. Such cases might be, but are not limited to providing and publishing movies, photos, drawings, books, electronic programs and games, encrypted TV and radio channels and other intellectual property rights in electronic form without legal right to do so; providing information, tools and methods aiming to infringing intellectual property rights and penetrating the protection means used for protecting such rights as decoding movies and coded TV channel sand operation of copied magnetic diskettes and copied electronic programs and games and deactivation of protection systems designed exclusively for combating piracy.
7.2.12. Commit, engage or encourage any type of fraud, including but not limited to click fraud and generating fake traffic. An act of illegally clicking on pay-per-click ads or any other links by human, bots or software force to increase site revenue or to exhaust site‘s advertising budget, as well as to achieve any other goal such as to falsely increase a site’s audience in any site that is owned by You or any other person, and/or falsely generate large amounts of automated requests over the internet while using the Services which might negatively affect provision of our Services to other users is considered as a breach of this prohibition.
7.2.13. Create dishonest social engagement such as creating and operating fake profiles in social media, creating fake reviews, leaving fake likes or generating shares/comments, conducting romance and other similar scams.
7.2.14. Conduct privacy invasion, including but not limited to using tools for phone tapping, espionage, theft or publication of private information or tracking, recording or intercepting communications or conversation without right; exposing news, photos or comments related to the private or family life even if it is true if publishing the same shall harm the concerned person in publication, including disclosing of a secret that may harm a person’s reputation, wealth or trade name or the publication of something intended to threaten or force them to pay money or provide benefit to others or be deprived of freedom to work; exposing medical examinations, medical diagnosis, medical treatment or care or medical records of other persons; generating internet content that allows access to private information illegally including those related to addresses and phone numbers of individuals or which allows disturbing others such as spam messages.
7.2.15. Enhance or operate a service or an entity that competes with the Services or assist any other party to do so, or build a product using similar ideas, features, functions, or graphics of the Services and/or Website or copy any ideas, features, functions, or graphics of the Services and/or Website.
7.2.16. Interfere with or disrupt the integrity or performance of the Services and/or Website.
7.2.17. Access and use the Services if You have been or are prohibited to access the Services, or if your Account has been suspended or terminated due to any reason.
7.2.18. Use any robot, spider, scraper, or other automated means to access our Website or Services for any purpose, or otherwise exceed reasonable use limits without our prior written permission.
7.2.19. Resell or in any other way commercially exploit any or/and all of the Services, as well as any or/and all intellectual property rights of the Company.
7.2.20. Use the Services and/or Website for anything other than lawful purposes, and to the extent permitted under applicable law, otherwise violate or attempt to evade, or circumvent this Agreement.
7.3. As the Company is incorporated and based in Estonia, any use of the Website and Services shall be in accordance with the applicable local Estonian law, as well as the EU law, regulations, procedures and requirements (see Section 13 “Governing Law and Dispute Resolution” for more information). The Client acknowledges and agrees that the Client is solely responsible for making sure its activities are in accordance with such regulations. The Client shall always check the up-to-date legal information applicable to the usage of the Website and Services. The Company encourages the Client to seek professional legal advice in case of any doubt regarding the legality of its planned actions.
7.4. Blocked Websites and Disclosure of Vulnerabilities. Access to website and web pages that contain prohibited content can be blocked by the internet service providers in Your location. Furthermore, The Company shall have a right to block access to any website while using the Website and/or Services at its sole discretion. Some websites are fully blocked, and to access others the Client might need to complete additional verifications or make other actions.
7.5. Blocked Websites. Access to websites and web pages that contain prohibited/illicit content can be blocked by the internet service providers in Your location. Furthermore, The Company shall have a right to block access to any website while using the Website and/or Services at its sole discretion. Some websites are fully blocked, and to access others the Client might need to complete additional verifications or make other actions.
We strive to ensure Your and public’s interests, and make our Website and Services safer. With that in mind, be aware that the Company and third-party service providers we use
are currently blocking websites with prohibited/illicit content that includes, but not limited to (see Clause 7.2.9 for more clarification), materials which encourage violence, criminal behavior or dangerous behavior (e.g. creating weapons, taking or making drugs and carrying out fraudulent or terrorist acts); highly graphic sexual acts that would be likely to offend a reasonable adult; content that shows self-harm or explains how to do it; footage that shows real or simulated violence or crimes, etc.
Via our Services You also can’t access online -gambling and igaming websites or websites with any and all similar features; any bank websites, regardless of where the bank
is registered or if the bank provides services in Your country of residence, or regardless of whether it is a payment page of a bank, or simply a bank’s blog- or info-page; any government services websites; login pages of social media, online-retail or other websites.
WE STRONGLY ENCOURAGE YOU NOT TO ACCESS, TRY TO ACCESS OR TO UNBLOCK BLOCKED WEBSITES, WHILE USING OUR SERVICES. IT MAY RESULT IN SUSPENSION OR TERMINATION OF YOUR ACCOUNT, AS PER SECTION 11 “SUSPENSION AND TERMINATION” OF THE AGREEMENT.
The Company reserves the right to add or retract at any time and on its own discretion any website/content blocking. You should always check the available and up-to-date information in this Agreement regarding the website/content blocking before using the Website and/or Services, and if you need further clarifications contact us via email: hello@luxeproxy.com.
7.6. Please Report Violations. The Company is encouraging You to share information on any violations of the prohibited and restricted use rules, as well as on any websites/data the Company should consider blocking. Furthermore, the Company encourages you to share any information regarding any security or technical issues you may notice/believe existing in the Website and/or Services. The Client acknowledges and agrees that any sharing of information with the Company is voluntary, and that Client shall not be entitled to any financial reward (see Clause 6.5 “Feedback” for more information).
7.7. THE CLIENTS ARE EXPECTED TO EXERCISE REASONABLE PERSONAL JUDGEMENT WHEN DECIDING WHICH INFORMATION, WEBSITE OR ACTION IS CONSIDERED TO BE PROHIBITED.
8. DISCLAIMER OF WARANTIES
8.1. DOUBLE-CHECK THE INFORMATION. WE TAKE REASONABLE EFFORTS TO IMPROVE ACCURACY AND UPDATE INFORMATION ON OUR WEBSITE IN A TIMELY MANNER, WITH RESPECT TO OUR SERVICES/SOFTWARE/MATERIALS, OR THIRD-PARTY INFORMATION, OR OTHERWISE. HOWEVER, INFORMATION ON THE WEBSITE IS NOT PROMISED OR GUARANTEED TO BE CORRECT, CURRENT, OR COMPLETE, AND THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.ACCORDINGLY, MAKE SURE YOU CONFIRM THE ACCURACY AND COMPLETENESS OF ALL POSTED INFORMATION BEFORE MAKING ANY DECISION RELATED TO ANY SERVICES IF IN ANY DOUBT. IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US VIA EMAIL BY SENDING AN INQUIRY TO HELLO@LUXEPROXY.COM.
8.2. THE WEBSITE AND THE SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTS. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND FOR ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE SERVICES, EXCEPT THOSE SET FORTH IN THIS AGREEMENT. ANY STATEMENTS WHATSOEVER MADE BY THE COMPANY TO THE CLIENT OUTSIDE OF THIS AGREEMENT ARE NOT MATERIAL AND HAVE NOT RELIED UPON BY THE CLIENT. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR USE OF THE SERVICES, AND WE DO NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE OF THE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, NOR THAT THE SERVICES WILL BE AVAILABLE FOR YOUR ACCESS OR USE, NOR THAT OPERATION OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.
PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER JURISDICTION.
9. LIMITATION OF LIABILITIES
9.1. Risk Awareness. There are inherent risks in relying upon, using, transmitting, or retrieving any data and/or content on the internet, and we urge You to make sure you understand these risks before using the Services. The Company disclaims all responsibility for the behavior of its Clients, users and/or visitors when they access or use the Website and Services.
As a Client, You acknowledge, understand and accept that the following risks are associated with the use of Website and Services. Not limited to these examples, You acknowledge being aware of the inherent risks set forth above and hereinafter:
9.2. Risk of Software or Other IT Weaknesses. There is no guarantee or warranty that the process using Website and/or Services will be uninterrupted or error-free, and there is an inherent risk that the software and associated technologies and theories could contain weaknesses, vulnerabilities or bugs. We give no warranty or representation that the Website and/or Services will be wholly free from defects, errors, and bugs, such as downtime, loss of data, corrupt data, service delay, mistakes, out-of-date information, or other. Notwithstanding any other provision of the Agreement, we reserve the right to modify, suspend, or terminate access to the Services, or any functionality comprising a part of the Services at any time. In no event, to the extent permitted under applicable law, will we be liable for making these changes. In exceptional and very limited cases, our Services may be unavailable from time to time due to human, digital, mechanical, telecommunication, software, and other failures. We cannot predict or control when such downtime may occur and cannot control the duration of such downtime;
9.3. Regulatory Risk. It is possible that certain legal systems apply existing regulations or introduce new regulations that have a negative impact on the current setup of the Website, as well as usage of the Website and/or Services. The Company will make every effort to abide with and always comply with all forms of the applicable regulation. However, the Client has an obligation to make sure its usage of the Website/Services is in compliance with the applicable law;
9.4. Risk of Theft and Internet Vulnerability. The underlying software application and software platform, other software involved, other technology components and/or platforms might be exposed to electronic or physical attacks that can impair the ability to develop, implement or use Website and/or Services;
9.5. Tax Risk. The tax consequences of using the Website and/or Services might have tax implications at the level of a Client, therefore You should consult your own tax advisors regarding the tax consequences in connection with the Website and/or Services;
9.6. Spoofing and Phishing Attacks. You should be aware that messaging and email services are susceptible to spoofing and phishing attacks and should be careful when reviewing messages/emails that claim to be from the Company. You should always log into your Account via panel.luxeproxy.com, use communication tools on the Website (e.g., online- chat) or contact us via email by sending an inquiry to the address hello@luxeproxy.comif You are unsure about the authenticity of a communication or notice. Note that phishing attacks often occur despite email or equivalent services, via search engines or advertisements in search engines or other fraudulent links. The Company takes no responsibility for any loss due to spoofing, phishing, or other equivalent attacks.
9.7. YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN RISK. THE COMPANY ANDITS AFFILIATES, NOR ANY OF THEIR EMPLOYEES, OFFICERS OR DIRECTORS, SHALL BE LIABLE FOR ANY DIRECT,INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES(INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF BUSINESS, LOST PROFITS, INTERRUPTION OF BUSINESS, COST OF COVER OR ANY OTHER DAMAGES) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICES OR WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED WHAT YOU PAID TO THE COMPANY DURING TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY AND SHALL NOT INCLUDE ATTORNEY FEES OR COURT COSTS IRRESPECTIVE OF ANY LAWS OR STATUTES THAT MAY PRESCRIBE OTHERWISE. YOU ACKNOWLEDGE THAT THE AMOUNT OF FEES PAYABLE BY YOU TO THE COMPANY HEREUNDER REFLECT THE ALLOCATION OF RISK SET FORTH IN THE AGREEMENT AND THAT THE COMPANY WOULD NOT HAVE ENTERED INTO THE AGREEMENT WITH YOU WITHOUT THE LIMITATIONS ON ITS LIABILITY CONTAINED IN THIS SECTION.
9.8. Some jurisdictions restrict or do not allow the limitation of liability in contracts (e.g., limitation of liability for death or personal injury caused by other party's negligence, fraud, or fraudulent misrepresentation, willful misconduct, or gross negligence). As a result, respective provisions of this Section may not apply to you. In cases where such restrictions on the limitation of liability apply, the liability of the Company shall be limited to the fullest extent permitted by certain applicable law.
9.9. Please also note, that You, as a Client, shall be solely responsible for making sure You are able to use Services and access the Website, meaning You shall be responsible for any hardware, software or other technical requirement compatibility (e.g., mobile data, internet connection, etc.). If You are not able to access the Website and/or use Services due to lack of compatibility with your technical gear, in a broad sense, You may seek advice by contacting the Company via email by sending an inquiry to hello@luxeproxy.com. The Company will try its best to navigate You in your matter, but in no way shall be obligated to provide You with solution, advice or instructions in any sense in regards to the compatibility.
9.10. Additionally, please note that the Company takes every reasonable precaution and security measures aimed at securing the Website and the Services, nevertheless the Internet is not a secure network and system reliability could be impaired independently of the Company's efforts and will. That is, the Company cannot be held liable for unpredictable events such as cyber-attacks, security breaches regarding the transmission of data or for performance guarantees regarding the volume and speed of data transmissions. Clients are responsible for taking all appropriate measures to protect their own data, software, equipment, and systems, particularly from contamination by any viruses circulating on the internet. We encourage You to set up your security measures with additional attention.
10. INDEMNIFICATION
10.1. The Client agrees at their own expense to indemnify, defend, and hold harmless the Company, its affiliates, and each of their respective directors, officers, employees, agents, distributors, and licensees from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses – including, without limitation, reasonable attorneys' fees, expert witness fees, and expenses, – incurred in, arising out of or in any way related to (i) Client’s breach of the Agreement, (ii) Client’s failure to comply with any and all applicable laws, rules or regulations, (iii) Client’s (or any other user’s of Client’s Account) use of Services, (iv) Client’s negligence or willful misconduct. The Company shall not be responsible for any delay or disruption to Client’s use of the Services, including any damages stemming therefrom, caused by circumstances falling under this Section.
11. SUSPENSION AND TERMINATION
11.1. Suspension and Termination by the Company. We may suspend or terminate your Account and/or Services, if (i) the Account holder does not match the owner of the Account or the Client is not of a legal age as per the requirements of the applicable law or Client’s representative is not properly authorized, (ii) there are any other discrepancies between the information You provided upon registration or after, e.g. you are using the Services from the restricted location, (iii) we cannot charge you for the auto-renewed Subscription, (iv) you breach Section 7 of the Agreement (“Prohibited and Restricted Use”), (v) you breach any applicable laws or regulations, (vi) it is required to do so by law or competent authority, e.g. where the provision of the Services becomes unlawful in your country of residence, (vii) your actions in any way poses security, reputational, financial or other risks to the Company, its affiliates, any other third-party, proper functioning of the Website/systems/software, proper provision of the Services to any other person, (viii) you breach material obligations under this Agreement, violate its warranties, (ix) in other instances, that the Company at its own discretion considers material. The Company reserves the right to suspend any provision of the Services (in part or in full) and/or to remove access to the Account at any time upon the decision of the Company.
11.2. In case the Client’s right to access the Account or to use the Services is suspended, the Company shall inform the Client by providing a written notice via email. Such notice should include the reason for suspension, the term of suspension (if the suspension is indefinite, the notice should indicate so), any action the Client needs to take in order to eliminate the violation (if any) in order to lift the suspension. If the situation warrants, we will send You a notice before suspending or terminating your Account and/or Services, and we will give you a reasonable opportunity to fix the issue before suspending or terminating your Account and/or Services. We may (but have no obligation) suspend your Account for a reasonable period of time before we terminate it permanently.
11.3. Any suspension or termination of your Account and/or Services by the Company applies to You personally. You may not access our Services through any other Account that You own or create or through Accounts owned or created by others.
11.4. In case the Account was terminated due to a violation of this Agreement in any way, the Client shall not be entitled to receive any refunds or rewards upon the termination. Upon termination, Your right to use the Services will cease immediately. Termination of the Agreement shall not eliminate the Client’s obligation to pay for the Services in full.
11.5. In all cases where the Company has reason to suspect that a violation of legal acts has been committed, the Company shall have the right at on its own discretion to address competent law enforcement authorities about the violation (including but not limited to the essence of the violation and personal data of the Client) and, if the suspicions are confirmed, to ban the Client in fault from using the Services for life or for any other period upon sole discretion of the Company. If a lifetime ban is applied, Your credentials (such as name, surname, IP address, email address, or other) may be blocked from using the Services, Website and other products of the Company (systems/software/materials).
11.6. Termination by You. If You wish to Terminate the Agreement, please first log-in into your Account, and then select option “Delete Account” in the Settings to terminate your Account without a possibility to renew your Account. You can also contact us via email by sending an inquiry with the title “Delete account” to hello@luxeproxy.com. Your account will be deleted within 48-hours after we receive the email.
12. THIRD PARTY SERVICES
12.1. Third Party Services. The Company is acting as a main service provider under the Agreement and shall always be considered as one. However, the Company may contract other persons (e.g., other group companies (if any), third party service providers, etc.) to ensure proper provision of the Services to its Clients. The Company at its own discretion may use or provide access to third parties to provide services like payment processing, register users, etc. The Client understands and accepts that in order to ensure proper use of Website, systems/software and provision of Services, Client‘s data may be disclosed to such third-party service providers. The List of the Third-Party Service Providers contracted by the Company please see in Privacy Policy available on https://luxeproxy.com/legal/privacy_policy.
12.2. The use of third-party services is subject to the third-party’s terms of service. The Client acknowledges and understands that the Company is not responsible for the provision of such services, also, for processing of data performed by such third parties and that any and all disputes arising in relation to the third-party’s services shall be resolved directly between the Client and the respective third-party.
12.3. Any links on the Website to third-party websites are provided solely for your convenience. If You access those links, You will leave our Website. The Company does not endorse or make any representations about such third-party websites, and the Company is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on those websites.
13. GOVERNING LAW AND DISPUTE RESOLUTION
13.1. Governing Law. The Agreement is governed by the law of Estonia except for its conflicts of law principles. Your use of the Website and Services may also be a subject to mandatory provisions of local laws of your country, and/or other local, state, national or international laws. In such cases, mandatory provisions of the local laws of your country of residence, and/or other local, state, national or international laws apply.
Each party shall comply with all applicable anti-corruption, anti-money laundering, economic and trade sanctions, export controls, and other international trade laws, regulations, and governmental orders in the jurisdictions that apply directly or indirectly to the Services and the Website.
13.2. Out-of-Court Dispute Resolution. In case You have a concern about or an issue with our Website, Services, or our Company itself, we encourage You to first email us at hello@luxeproxy.com, so that we together can try to resolve the dispute informally, i.e. without needing a formal legal case. Please include in your email your name, a detailed description of the dispute, and the relief you seek, and we will contact you via email to try to meet your concern.
13.3. Judicial Dispute Resolution. If the out-of-court negotiations are not successful and the dispute is not resolved, You or the Company may bring a formal proceeding to the courts of Estonia. If you reside in another country of the European Union, where laws provide consumers the right to bring disputes in their local courts, in such cases, mandatory provisions of the local laws of your country of residence apply.
13.4. Online Dispute Resolution in the EU. If you are a consumer, you may report the dispute to a consumer dispute body in your country of residence, in accordance with local regulations and practices. If You reside in the EU, Switzerland, Norway, Iceland or Liechtenstein, You are entitled to address any dispute with the Company through an internet platform for online dispute resolution established by the European Commission which you can access at: https://ec.europa.eu/consumers/odr/.
14. MISCELLANEOUS
14.1. Sanctions List. By using the Website and Services, You warrant not being on any government prohibited, denied, or unverified-party, sanctions, debarment, or exclusion list or export-controlled related restricted party list (the “Sanctions Lists”). If You become placed on any Sanctions List, You shall immediately discontinue your use of the Website and Services. Failure to do so can result in your Account being suspended or terminated.
14.2. Restricted Locations. The Company shall have a right not to allow its Services to be accessible in certain jurisdictions/territories. The Company shall have a right to block such jurisdictions/territories making its Website and/or Services not available from such locations. Persons located in the restricted jurisdictions/territories, or the residents of restricted jurisdictions/territories are not permitted to use Services. For the avoidance of doubt, the foregoing restrictions on Services in relation to restricted jurisdictions/territories apply equally to residents and citizens of other nations while located in restricted jurisdictions/territories. Any attempt to circumvent the restrictions on usage by any persons located (or as a resident) in a restricted jurisdiction/territories is a breach of the Agreement.
14.3. Prevailing Language. For all purposes, the English language version of the Agreement shall be the original, governing instrument and understanding between the Client and the Company. Any notice or communication must be in English language respectively. In the event of any conflict between this English language version of the Agreement and any subsequent translation into any other language, the English language version shall prevail.
14.4. Severability. If any one or more of the provisions contained in this Agreement shall be declared invalid, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected and in such case the parties hereto oblige themselves to reach the intended purpose of the invalid provision by a new, valid and legal stipulation.
14.5. Force Majeure. The Company shall not be liable for a failure or delay in its performance under this Agreement where such failure or delay is the result of fire, flood, earthquake or other natural disaster, war, embargo, riot, act of God, acts of terrorism or any other national or international emergency, or any other cause beyond the Company’s reasonable control. Upon the occurrence of such a force majeure condition the Company shall immediately notify the Clients of that and keep updated on any further developments. In such cases, the Company shall also be entitled to a reasonable extension of the time for performing any concerned obligations under the Agreement.
14.6. Inquiry Processing. In case of any doubt please contact as via email: hello@luxeproxy.com.It will take us within 30 (thirty) days to give You a reply. If we need more time to handle your matter, we reserve the right to extend inquiry processing period up to 90 days.
15. CONTACT INFORMATION
15.1. General Support Email – our primary means of communication: hello@luxeproxy.com. Please use it for any general inquiries, and any matters in regard to this Agreement.
15.2. Email For Privacy Inquiries: privacy@luxeproxy.com. For privacy and data security we encourage You to use the assigned email address of our privacy team, rather than using our general support email for all questions related to privacy matters, especially when your message contains any information that could be considered as private.
15.3. Our Registered Address: Estonia, Harju maakond, Tallinn, Lasnamäe linnaosa, Väike- Paala tn 2, 11415.
We regularly check our post box for any new mail, however as this means for communication is not as time-effective, we strongly encourage You to email us at the above stated email addresses, as it will allow us to respond to your inquiry more quickly.
14.1. Sanctions List. By using the Website and Services, You warrant not being on any government prohibited, denied, or unverified-party, sanctions, debarment, or exclusion list or export-controlled related restricted party list (the “Sanctions Lists”). If You become placed on any Sanctions List, You shall immediately discontinue your use of the Website and Services. Failure to do so can result in your Account being suspended or terminated.
14.2. Restricted Locations. The Company shall have a right not to allow its Services to be accessible in certain jurisdictions/territories. The Company shall have a right to block such jurisdictions/territories making its Website and/or Services not available from such locations. Persons located in the restricted jurisdictions/territories, or the residents of restricted jurisdictions/territories are not permitted to use Services. For the avoidance of doubt, the foregoing restrictions on Services in relation to restricted jurisdictions/territories apply equally to residents and citizens of other nations while located in restricted jurisdictions/territories. Any attempt to circumvent the restrictions on usage by any persons located (or as a resident) in a restricted jurisdiction/territories is a breach of the Agreement.
14.3. Prevailing Language. For all purposes, the English language version of the Agreement shall be the original, governing instrument and understanding between the Client and the Company. Any notice or communication must be in English language respectively. In the event of any conflict between this English language version of the Agreement and any subsequent translation into any other language, the English language version shall prevail.
14.4. Severability. If any one or more of the provisions contained in this Agreement shall be declared invalid, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected and in such case the parties hereto oblige themselves to reach the intended purpose of the invalid provision by a new, valid and legal stipulation.
14.5. Force Majeure. The Company shall not be liable for a failure or delay in its performance under this Agreement where such failure or delay is the result of fire, flood, earthquake or other natural disaster, war, embargo, riot, act of God, acts of terrorism or any other national or international emergency, or any other cause beyond the Company’s reasonable control. Upon the occurrence of such a force majeure condition the Company shall immediately notify the Clients of that and keep updated on any further developments. In such cases, the Company shall also be entitled to a reasonable extension of the time for performing any concerned obligations under the Agreement.
14.6. Inquiry Processing. In case of any doubt please contact as via email: hello@luxeproxy.com.It will take us within 30 (thirty) days to give You a reply. If we need more time to handle your matter, we reserve the right to extend inquiry processing period up to 90 days.
15. CONTACT INFORMATION
15.1. General Support Email – our primary means of communication: hello@luxeproxy.com. Please use it for any general inquiries, and any matters in regard to this Agreement.
15.2. Email For Privacy Inquiries: privacy@luxeproxy.com. For privacy and data security we encourage You to use the assigned email address of our privacy team, rather than using our general support email for all questions related to privacy matters, especially when your message contains any information that could be considered as private.
15.3. Our Registered Address: Estonia, Harju maakond, Tallinn, Lasnamäe linnaosa, Väike- Paala tn 2, 11415.
We regularly check our post box for any new mail, however as this means for communication is not as time-effective, we strongly encourage You to email us at the above stated email addresses, as it will allow us to respond to your inquiry more quickly.