Terms and Conditions

These Terms and Conditions are prepared in accordance with the legislation of Georgia.

The website https://proxy.market/ is owned by Sole Proprietor Pavel Sergeevich Firsov.

1. Subject of the Agreement

1.1. The Contractor undertakes to provide the Customer with proxy server connection services for a fee under the terms and conditions set out in this Agreement.

1.2. The Customer has the right to choose one of the following three pricing plans:

Payment based on the type and number on proxy servers (IP addresses) provided for an agreed period of time;
Payment based on the type and volume of traffic (in GB) on a proxy server provided for an agreed period of time;
Pay-as-you-go: Payment based on the type and volume of traffic (in GB) on a proxy server provided to the extent of the amount of prepayment made by the Customer.

1.3. The services shall be provided for the following period:

1.3.1. If the Customer chooses a Service with a specific service period and payment based on the number of proxy servers (IP addresses) or the volume of traffic (in GB), the Services will be provided for the period specified by the Customer;
1.3.2. In the case of choosing the pay-as-you-go pricing plan, the Services will be provided for a period calculated based on the amount prepaid by the Customer, the volume of selected traffic (in GB), and the rate for traffic per GB (service rate) as indicated on the website on the date of this Agreement's conclusion.

The Service period starts from the date this Agreement is concluded.

1.4. The Contractor's operating hours are 24/7.

1.5. The Services will only become available after the registration procedure in the Customer's Personal Account on the Website has been completed and the email address used to create the Personal Account on the Website has been confirmed.

2. Rights and Obligations of the Parties

2.1. The Contractor shall:

2.1.1. Provide the Services during the term specified in clause 1.3 of this Agreement on a daily basis for 24 hours, except in the following cases (forced breaks):

2.1.1.1. Periods of scheduled technological maintenance or unscheduled emergency recovery work.

2.1.1.2. Periods when the provision of Services is suspended by decision of government authorities.

2.1.2. Provide the Customer with technical consultations on issues raised in the technical support chat on the Website or by email: support@proxy.market. Technical support for the Customer is available 24/7.

2.1.3. Respond to the Customer's inquiries submitted in accordance with clause 2.2.3.

2.2. The Customer shall:

2.2.1. Not engage in Prohibited Actions outlined in the System Usage Rules (Section 2 of the Rules) posted on the Contractor's Website, and in particular:

2.2.1.1. not send any advertising, informational, or other types of content via proxy servers without the prior consent of the recipient.

2.2.1.2. not take any intentional action aimed at restricting access to the Contractor's services or of other users or at attempting to gain unauthorized access to the Contractor's resources or any other resources accessible via the Internet.

2.2.1.3. not commit fraudulent actions using a proxy server.

2.2.1.4. not send content prohibited under the laws of Georgia or other countries.

2.2.1.5. not engage in cyber hacking or theft of any kind of information.

2.2.1.6. not violate the laws of Georgia while using the Services.

2.2.2. Not engage in the resale, lease, or transfer of IP addresses (proxy servers) to third parties for any period.

2.2.3. Within 24 hours of receiving access to a proxy server from the Contractor, and during the provision of the Services, if any access issues or service interruptions are detected, immediately contact the technical support team through the chat on the Website, through the Customer's Personal Account, or by email: support@proxy.market, to allow the Contractor to take appropriate measures to eliminate failures and maintain the proper quality of the Services.

2.2.4. Ensure proper secure configuration of the software used when connecting to the proxy servers. The Customer bears all risks associated with failing to fulfill this obligation.

2.2.5. Register on the Website and create a personal account using an email address as a login and a permanent password.

2.2.6. If the Customer has a registered Google account (a personal identifier of Gmail users and users of Google services) and/or a GitHub account (a personal identifier of developers on the GitHub platform), the Customer may complete moderation and access the Personal Account using such account.

2.2.7. Not provide third parties with access to the Customer's login and/or password for the Personal Account, and take necessary measures to prevent third parties from gaining access to the aforementioned data. Immediately notify the Contractor of any unauthorized access to the Personal Account using the Customer's login and password and/or any security breaches. The Contractor is not responsible for damages caused by unauthorized access to the Customer's Personal Account. If the Customer shares their login and/or password with any third party, the Customer is responsible for the actions of that third party on the Website. The Customer assumes all risks associated with violations of these obligations.

2.3. The Contractor has the right to:

2.3.1. In the event of the Customer's violation of obligations specified in clause 2.2.1 of this Offer, including sub-clauses 2.2.1.1–2.2.1.6, repudiate this Agreement unilaterally by blocking the Customer's account.
2.3.2. Block certain Internet resources when connecting to them via the Contractor's proxy servers, including free advertisement platforms, websites of banking and payment systems, and bookmakers, to prevent fraudulent activities by third parties and ensure security of customers. If any violation or crime committed through a proxy server is detected, the Customer's data, such as full name, email address, and login, may be provided to law enforcement authorities.
2.3.3. Temporarily suspend access to the Services, where such access is prevented for technical reasons, for a period required to resolve the issue. In this case, the Contractor is not responsible for the failure to provide Services.
2.3.4. Conduct preventive maintenance, which may result in a break in access to the Services. The Contractor will carry out preventive maintenance at its own discretion and only to the necessary extent, without agreeing with the Customer, but shall inform the latter of the upcoming work by posting a relevant notification on the Website. In this case, the Contractor is not responsible for the failure to provide Services.
2.3.5. In the event of violation of applicable legislation by the Customer, provide their data and information about any actions they performed using proxy servers to competent government authorities upon request, without obtaining prior consent from, or sending a notice to, the Customer.
2.3.6. Refuse to change the terms of connection outlined in clause 2.4.1 of this Offer if the reasons for the request are deemed unjustified, or if the requested changes cannot be made due to the Customer's selected pricing scheme or type of Service.
2.3.7. Change pricing for Services in accordance with the procedures and within the periods of time outlined in this Offer.
2.3.8. Unilaterally change and supplement the terms and conditions of this Agreement without the prior consent from the Customer, ensuring that the updated terms are published on the Website https://proxy.market/ at least one day before they come into effect.
2.3.9. Delete Pay As You Go packages from the Customer's personal account if such packages remain inactive for 90 (ninety) consecutive calendar days. In such cases, no refunds shall be provided for any unused data remaining in the deleted packages. The Contractor shall notify the Customer at least 7 (seven) calendar days in advance of the scheduled deletion by sending a corresponding notice to the Customer.

2.4. The Customer has the right to:

2.4.1. Within 24 hours of signing the Agreement, contact the Contractor to request changes to the terms of connection to the proxy server if there are valid reasons. The list of valid reasons is provided in clause 3.1 of the System Usage Rules. The Customer shall send the request for a change in the connection terms by email from the address specified in clause 7.3 of this Offer to the Contractor's email address info@proxy.market.
2.4.2. During the term of this Agreement, participate in the Contractor's referral and loyalty programs by joining them in the Personal Account under the "Partner Program" section, downloading the corresponding links and promo codes, and making offers to third parties. For participation in the referral and loyalty programs, the Customer may receive rewards according to the terms of respective programs.
2.4.3. During the term of this Agreement, make payments for Services on an automatic renewal basis. In this case, a new agreement will be concluded on the current terms and conditions.

3. Procedure for Acceptance of and Payment for Services

3.1. Services shall only be provided after the full advance payment for the Services has been credited to the Contractor's bank account.

3.2. The Customer shall be solely responsible for the correctness of payments made to the Contractor's bank account.

3.3. The Customer has the right to withdraw from this Agreement and request a refund for the digital product within fourteen (14) calendar days without providing any reason.

3.4. The withdrawal period shall expire 14 calendar days from the date of the Agreement, which is the date the payment transaction for the Services is completed.

3.5. To exercise the right of withdrawal, the Customer must send a clear statement of their decision to withdraw from the Agreement before the expiry of the 14-day period by email to: info@proxy.market.

3.6. For participation in referral programs aimed at attracting customers, the Contractor shall pay the Customer remuneration in accordance with the terms and in the amount provided for by the relevant referral program.

3.7. For individual entrepreneurs and legal entities, the acceptance of the Contractor's Services shall be as follows:

3.7.1. Upon completion of the Services for each order, the Contractor shall send the Customer a Service Acceptance Act (the "Act") for signing.

3.7.2. The Customer shall, within 3 (three) business days after receiving the Act, sign it and send one copy to the Contractor.

3.7.3. If the Contractor does not receive the signed Act within the period specified in clause 3.7.2, the Services shall be deemed accepted by the Customer.

3.7.4. A payment invoice shall be generated in the Customer's Personal Account, and the Customer may download it upon request. A payment invoice may be generated by the Contractor using third-party services.

3.8. Any remaining balance in the Customer's Personal Account may be refunded to the Customer upon their request to the technical support team at support@proxy.market, if the payment was made from an individual's bank card. The refund shall be made to the same card used for payment.

3.8.1. If payment was made from a legal entity's bank account, the refund from the Personal Account balance will be made on the basis of a request to be sent by email to finance@proxy.market. The request shall include the following information: the legal entity's name and bank details for the refund and shall be signed by an authorized person. The refund will be processed by the Contractor within 10 days from the date of receiving the request from the Customer.

4. Liability of the Parties

4.1. The Party that fails to perform or improperly performs its obligations shall compensate the other Party for any damages.

4.2. The Contractor does not guarantee the uninterrupted operation of any provided proxy server while providing the Services due to technical characteristics of the service, and therefore, shall not be liable for interruptions in Services.

4.3. The Contractor is not liable:

4.3.1. for direct or indirect losses incurred by the Customer as a result of using the Services or interruptions in Services;
4.3.2. for any offenses committed by the Customer when using the provided proxy server;
4.3.3. for malfunctions of software and/or hardware that do not belong to, and are not under control of, the Contractor;
4.3.4. for any deterioration in the quality of the Services caused by faults in the Internet network or third-party equipment involved in the provision of Services;
4.3.5. for losses incurred by the Customer due to the Customer's failure to comply with the Terms of Service;
4.3.6. in any other cases provided in Section 4 of the System Usage Rules.

4.4. The Customer is fully responsible (including criminal and administrative liability, if applicable) for violations of applicable laws, as well as the laws of the countries where such actions are committed, when using the proxy server provided by the Contractor.

4.5. The Contractor has the right to impose a penalty of 10% of the cost of the Services on the Customer if the Customer violates the obligations specified in clause 2.2.1 hereof, including sub-clauses 2.2.1.1 to 2.2.1.6. The Contractor may deduct the penalty from the amount paid by the Customer for the Services to the Contractor.

5. Term and Termination of the Agreement

5.1. This Agreement comes into effect when the Customer's payment is credited to the Contractor's account and shall remain in effect until the expiration of the term specified in clause 1.3.

5.2. The Customer has the right to repudiate this Agreement unilaterally without going to court:

5.2.1. At any time by notifying the Contractor 5 days in advance. In this case, the Agreement shall be deemed terminated upon expiration of 5 days from the date the Contractor receives the relevant notice from the Customer, except for the case provided for in clause 3.3 of this Offer.

5.2.2. In case of disagreement with a pricing change, the Agreement will be considered terminated from the moment the Customer refuses to provide consent to the pricing change.

5.3. The Contractor has the right at any time to repudiate this Agreement unilaterally without going to court by blocking the Customer's account:

5.3.1. In the event the Customer violates the System Usage Rules as specified in clause 2.2.1 of this Offer. In this case, the Contractor has the right to recover the full amount of the damages from the Customer.

5.4. Any remaining balance in the Customer's Personal Account may be refunded to the Customer upon their request to the technical support team at support@proxy.market, if the payment was made from an individual's bank card. The refund shall be made to the same card used for payment for the Services.

5.5. If payment was made from a legal entity's bank account, the refund from the Personal Account balance will be made on the basis of a request to be sent by email to finance@proxy.market. The request shall include the following information: the legal entity's name and bank details for the transfer and shall be signed by an authorized person. The refund will be processed by the Contractor within 10 days from the date of receiving the request from the Customer.

6. Force Majeure

6.1. The Parties shall be relieved from responsibility for default or improper performance of their respective obligations if proper performance became impossible due to force majeure circumstances, i.e. extraordinary and unavoidable circumstances under the given conditions.

6.2. In case of force majeure, the affected Party shall notify the other Party within 2 days.

6.3. A document issued by an authorized government body or organization shall serve as a sufficient proof of the existence and duration of force majeure circumstances.

6.4. If force majeure continues for more than 10 days, either Party has the right to terminate this Agreement unilaterally.

7. Service Request Generation

7.1. Service requests and payment invoices are generated in the Customer's Personal Account.

7.2. The Parties have agreed that the combination of a unique email address and its password, the login and password for the Customer's Personal Account, and the login and password for the website admin panel will constitute a simple electronic signature of the Party. Files, notices, messages, requests or invoices transmitted using the Customer's Personal Account and/or email addresses of the Parties shall be considered electronic documents signed with a simple electronic signature.

7.3. Documents signed with simple electronic signatures in accordance with these rules shall be considered equivalent to paper documents. It is also acknowledged that the sender is identified as a Party, and the receipt of a message, order, or invoice from it shall be considered confirmed if the message/order/invoice is sent from the email address/Personal Account/website of that Party. The message/order/invoice shall be considered received on the day of sending (generation).

7.4. Each Party will access its email box, Personal Account, and admin panel via a password and undertakes to keep it in confidence, i.e. not disclose the password to others.

7.5. The Parties agree upon the terms of electronic communication and electronic document exchange between them using a simple electronic signature. The Parties acknowledge that in the cases outlined in this Offer, an email message sent from the email address/Personal Account/Admin Panel of the Party expresses the true will of the Party and its intention to enter into, modify, or terminate obligations, as such action is defined in the Offer.

7.6. The authenticity and accuracy of a message from a Party shall be verified by comparing the sender's address with the address/account defined in accordance with this Offer. Each Party shall ensure that its Personal Account data is safe and cannot be accessed by third parties. If necessary, printed messages from mailboxes and personal accounts certified by the respective Party may be used to confirm that actions taken are legally binding.

8. Final Provisions

8.1. All disputes related to the conclusion, interpretation, performance, and termination of this Agreement shall be resolved through negotiations between the Parties.

8.2. If any dispute is not resolved through negotiations, the dispute will be submitted to a court if the Customer is an individual or to a commercial court if the Customer is an individual entrepreneur or legal entity.

8.3. The Parties shall communicate, including by sending letters, notices, messages, files, and copies (electronic copies) of documents, via email using the following addresses:

8.3.1. Contractor: founder@proxy.market.

8.3.2. Customer: as indicated during the registration/authentication in the Personal Account.

8.4. For legal entities and individual entrepreneurs, the Parties shall observe the procedure of settlement of claims as follows:

8.4.1. If no agreement is reached during negotiations, the interested Party shall send a written claim signed by an authorized person. A claim must be sent via communications means that ensure registration of its delivery and receipt (registered mail, courier service) or delivered in person with acknowledgment of receipt.

8.4.2. A claim shall be accompanied by documents justifying the affected Party's claims (provided the other Party has no claims) and documents confirming the authority of the person signing the claim. These documents must be provided as properly certified copies. A claim without documents confirming the authority of the signatory shall be deemed not filed and will not be considered.

8.4.3. The Party receiving a claim shall consider it and notify the interested Party of the outcome in writing within 10 business days of receiving the claim.

8.5. If a court holds any provision of this Agreement invalid or unenforceable, this will not affect the validity of the other provisions.

Sole Proprietor Pavel Firsov

Registration No.: 306456901 of January 30, 2024

System Usage Rules

General Provisions

The Customer is an individual or legal entity that acquires a service from the Contractor. The Personal Account is a personal section in the System, which is not accessible to third parties and contains information about the Customer (full name, email address, messenger user ID), as well as orders, the number of proxy servers used, their usage periods, and the balance available in the Customer's account.

Access to the Personal Account is granted to the Customer after authentication using the identification (a login, which is the email address provided during registration) and authentication data (a password).

The Contractor has the right to unilaterally change these Rules. The Customer is responsible for monitoring changes and the relevance of these Rules. By continuing to access the System, the Customer agrees, and confirms their agreement, to the updated Rules. If the Customer disagrees with any provision of the updated Rules, the Customer shall cease using the System. The Customer is advised to monitor any changes to these Rules in order to understand the terms and provisions applicable to accessing and using the System.

The System is intended for lawful and legal purposes as defined in these Rules. The System allows access to third-party data, content, and resources as if the Customer gained access to them via IP addresses provided by the System. Everything that the Customer can access through the System shall be hereinafter referred to as "Third-Party Content". The Contractor respects intellectual property rights, confidentiality, and security of others and requests the Customer to do the same. If the Customer accesses any Third-Party Content, it shall obtain consent to its use from the content owner. The Customer shall be aware that certain content cannot be copied, reproduced, used, distributed, or displayed without the written permission of the content owners. The Customer is solely responsible for the use, recording, storage, and retention of Third-Party Content accessed through the System and undertakes not to violate any restrictions imposed in the country of the Customer's permanent registration and countries where they conduct activities. As a condition for using the System, the Customer agrees not to use the System to violate any applicable laws or infringe third-party rights, including privacy rights and intellectual property rights, and not to engage in any Prohibited Actions as defined below. The Customer understands that illegal actions may result in civil, administrative, or criminal liability, including damages.

2. Prohibited Actions

2.1. By using the System, the Customer agrees not to engage in, approve, support, encourage, or permit others to engage in the following actions (Prohibited Actions):

2.1.1. Violating general ethical or moral standards.

2.1.2. Using Third-Party Content without the consent of the lawful content owner.

2.1.3. Violating any third-party rights, including ownership, privacy, personal data, copyright, trademark, patent rights, or any other intellectual property rights.

2.1.4. Participating in the preparation of any terrorist, military operation, or similar activities.

2.1.5. Spying, stalking, harassing, pranking, or persecuting others, or encouraging discrimination, making any network resource unavailable for its users for the purposes of spying, including through denial-of-service (DoS) and distributed denial-of-service (DDoS) attacks.

2.1.6. Engaging in activities that pose elevated risks to third parties, leading to harmful or destructive consequences, including spreading viruses, adware, worms, trojans, malware, spyware, other similar actions and products, or any other computer code, files, or programs designed to disrupt, capture, destroy, restrict, or negatively affect the functionality of any computer software, hardware, network, or telecommunications equipment.

2.1.7. Conducting hacking attacks, breaking into systems, spreading viruses, committing fraud, online sabotage, or phishing.

2.1.8. Using the System in relation to minors, especially for monitoring, accessing, or distributing child pornography or performing other activities that could harm minors.

2.1.9. Engaging in activities that oppress or persecute others.

2.1.10. Engaging in false or misleading activities or spreading false or misleading information, or engaging in unlawful conduct.

2.1.11. Taking actions that are offensive, threatening, obscene, defamatory, or libelous.

2.1.12. Engaging in actions that are illegal under any jurisdiction.

2.1.13. Altering, adapting, appropriating, reproducing, distributing, translating, creating derivative works or adaptations of, publicly displaying, selling, exchanging, or otherwise using the System.

2.1.14. Using any robotics, application, or other automated device as a process or means to access the System.

2.1.15. Modifying any functionality, interface, or any other part of the System.

2.1.16. Deleting or altering any copyright, trademark, or other proprietary notices appearing in any part of the System or in any user content accessed or copied from the System.

2.1.17. Attempting to gain unauthorized access to the System, its functions and features, computer systems, or networks to which the System may be connected.

2.1.18. Using the System in violation of confidentiality, security, or otherwise causing harm to property, individuals, and/or legal entities.

2.1.19. Using the System in a way that imposes an undue or disproportionately large load on the System or the technical or software infrastructure of the System.

2.1.20. Engaging in mass registration, regardless of the service or type of proxy.

3. Proxy Server Replacement Policy

3.1. The Customer has the right to request a change in the terms of connection to the proxy server within 24 hours of payment for Services if there are valid reasons (for example, if the Service is found in any spam databases such as BlockList.de, SpamHaus, StopForumSpam, or SpamCop). The Contractor has the right to refuse the Customer's request to change the terms of connection if it finds the reasons unjustified or if the chosen pricing plan or type of Services does not allow changes. In particular, the following Services may not be replaced:

3.1.1. The Shared Proxy Service: The Customer assumes all risks associated with non-functionality, inaccessibility of certain resources, blocks, and disruptions while using the Service.

3.1.2. Any types of Services in cases where sanctions have been imposed on the Customer by third-party resources (account blocking, denial of service, suspension of access to resources, etc.).

3.1.3. Any Services if the Customer is concerned about a high risk of fraud during their use.

3.2. The Customer shall send all requests for replacement of the provided Services and, where applicable, for a partial refund exclusively by email to support@proxy.market. The Contractor reviews and processes requests only if they are sent from the email address used to register in the System or used when ordering the Service at the time of payment.

3.3. The Customer should take into account that by topping up the balance in the Personal Account, they purchase the System's internal balance for future purchases of Services within the System. The amount of the commission, if any, shall be clarified with the Contractor at the time of the refund by email at support@proxy.market.

3.4. In case of Service replacement, the refund, if any, will be made within 7 (seven) business days, but in certain cases, this time may be extended.

3.5. To verify the proxy server IP location, the use of services like whoer.net or yandex.ru/internet is allowed. A location mismatch detected through anti-detect browsers or any other services is not a reason for Service replacement or refund.

4. Personal Account Usage

4.1. Access to proxy servers is provided to the Customer in the Personal Account after payment or submission of a request, unless another procedure has been agreed upon by the Customer and the Contractor, regardless of the method of concluding the agreement. Access to proxy servers is provided by the transmission of an IP address, login, and password.

4.2. The Customer has the right to top up the Personal Account balance by making a payment based on the details provided on the Website. An invoice will be generated in the Customer's Personal Account, which can be downloaded upon request. The invoice may be generated by the Contractor using third-party services, including the Contractor's personal account on the Tinkoff Business website.

4.3. An invoice generated in the Customer's Personal Account is considered signed with the Contractor's simple electronic signature. The combination of the login and password for the Customer's Personal Account and the login and password for the Website's admin panel is considered a simple electronic signature of the Party. Invoices transmitted through the Customer's Personal Account are considered electronic documents signed with a simple electronic signature. Documents signed with simple electronic signatures in accordance with the rules of this Agreement are considered equivalent to paper documents. It is also acknowledged that the sender is identified as a Party and the receipt of an invoice is confirmed if the invoice is sent to the Customer's Personal Account from the Website. The invoice is considered received on the day it is created.

4.4. Each Party will access its Personal Account and admin panel via a password and undertakes to keep it confidential, i.e. not disclose the password to others.

5. Limitation of Liability

5.1. The System is an intermediary between the Customer and service providers, and therefore, the Contractor is not responsible for any harm caused to the Customer, their information, or business as a result of using or being unable to use the System.

5.2. The Customer agrees that using the System and its features, functionality, and interface is at the Customer's own risk. The use of third-party products via the System is at the Customer's own risk.

5.3. The Contractor shall make every effort to ensure that information available in the System is accurate and up-to-date. However, the Contractor cannot control how the Customer uses the information or content accessed via the System and therefore is not responsible for the actions of the Customer, losses incurred by the Customer, or losses incurred by third parties that may result from using this information or content.

5.4. The Contractor does not provide any warranties regarding the software, functionality, interfaces, or content of third parties.

5.5. The Customer assumes all risks related to using the System and is fully responsible for taking all necessary legal and technical measures to protect its use.