17th October 2015
Changes to the Terms
We may change or update these Terms at any time, at our sole discretion. Please check them carefully and keep a copy of the version effective on the date you create your account and sign up for our Services.
Any changes or updates of these Terms will apply for the future (starting with the new effective date shown at the top of the Terms). Upon such changes or updates becoming effective, this will be prompted to you by posting a brief notice on the Website. We advise that you periodically check for any modifications to these Terms.
If you continue to use or access - in any way - the Service after we notify you on e-mail, we will consider that you fully accept all such changes or updates.
Your use of our Services
First of all, you may use our Services only if you:
- Are at least 18 years old;
- Have full power and authority to enter into Agreement with us;
- Are the owner or authorized administrator of the device on which you use the Services;
- Shall comply with the Terms;
- Access and use the Services solely for personal and non-commercial purposes;
Your use, access and benefit of the Services are subject to your signing up of an account on the Website. We also have the right to refuse or limit your access to our Services.
For signing up, you must insert your valid e-mail address(mandatory registration data). We collect your e-mail address to create your user account as well as for technical support and legal compliance. By entering your e-mail address you guarantee that you are authorized to use such address and in case you change it, you will immediately notify us.
What is Proxmate & What does it do?
The Website is an intelligent proxy service which allows users the ability to sign up from a standard web browser and use the Website's proxy services to access internet content.
A proxy server is another computer on the internet that acts as an intermediary between the user and the server (or website) which the user requested the information from.
How does it work?
The Website uses proxy servers located in numerous countries. Signing up for our Services offers you access to these servers in order to view content.
When you sign up for our Services, you are provided with a single method to access our proxy servers.
By installing a web browser plugin - a browser plugin is an extension or add-on to a web browser such as Chrome, Firefox or Opera which provides users with additional or custom functionality.
In the case of our Website, when you sign up and add or install the browser plugin, you authenticate yourself on our Website as a valid user. Additionally, our plugin (which you accepted to be installed in your web browser) provides you access to our proxy servers in the requested country.
Our “intelligent” proxy services are only used when accessing specific content. There is no need for the user to change any device settings.
Whilst using either our Free or Paid service you will be able to use the Proxmate plugin on up to 5 Desktop or Laptop devices.
The Website is controlled and provided through technical facilities located in The United Kingdom. We do not guarantee that the Website is suitable or available for use in other jurisdictions. You have the obligation to make sure that by accessing the Website and using the Services you do not breach any legal provisions applicable in your country of origin.
Payment and Subscription Renewals
You can use the free version of the Software for a limited trial period. If you decide to purchase the Service you will be charged with our then-current fees. Your account will be automatically renewed each month, quarter or year based on which payment option you select until you notify us that you wish to terminate it. You can unsubscribe from the service any time via the link in the Account section of the plugin or by sending an email to firstname.lastname@example.org. We may use third party services to collect payment from you and manage any payment procedure. Before using such third party services, we recommend that you read and understand the applicable terms and conditions of such services and privacy policies and ensure that you agree to their terms. You acknowledge that we are not responsible for any third party services or for the content or privacy practices of such third parties. You are knowingly and voluntarily assume all risks of using such third party services.
If for any reason you are not happy with the subscription that you have purchased then we offer a 7 day money back guarantee. If within 7 days of your purchase you notify us we will offer you a full refund on the specific subscription you purchased at that time. In order to apply for a full refund email email@example.com within the first 7 days. Please note that we do not offer any partial refunds if you decide to cancel your subscription after the first 7 days. At the time of your request to cancel after the initial 7 days your subscription will be cancelled and the service will continue to work until the end of the current subscription plan that you are on, monthly, quarterly or yearly.
User conduct on the Website
If we enable you to create an account on our Website, you acknowledge that it is for your personal use only and is non-transferable. You may use our Services only as allowed by these Terms and applicable laws.
You are not allowed to:
- Interfere with or disrupt any of our Services in any way or try to access them using a method other than the instructions given by us.
- Use our Services in any manner that could damage, disable, overburden or impair our servers, nor to breach our security and systems.
- Try to get unauthorized access to any part of our Services or to information for which you have not been granted access.
- Authorize or let any other person to use in any way your account.
- Upload or post any user generated content.
- Use the Services with any other products to infringe other persons’ rights or applicable laws.
- Reproduce, copy, sell, transfer, decompile, attempt to extract the source code, hack or use in any way any of our Services or their components (including the Proxmate Plugins and any related intellectual property), without our prior written consent.
- Use another person's account on the Website and to not pretend you are the user whose account you are using without permission, the identity theft being punished according to the law.
- Introduce in the Website viruses, trojans, worms, logic bombs or attack the Website via a denial-of-service attack or a distributed denial-of-service attack
Take reasonable care to keep your account confidential. You are fully responsible for the activity which is performed under your account.
Notify us immediately of any apparent breach of security related to your account (loss, theft or unauthorized use of your e-mail address). Unless we are at fault, you are solely responsible for someone else who uses your account or identity and for all activities that occur under your account (with or without your knowledge).
At our discretion, we may take any available measures to prevent or stop any breach of these Terms.
Any and all Services and their components (Proxmate Plugins, software, domain names, design, Website layout, interface, logos, trademarks, images, materials, content, etc., including their updates, upgrades, new versions, revisions, enhancements) are and will remain owned by us or our licensors or partners and are protected under applicable intellectual property laws.
In these Terms, Intellectual Property Rights refer to and are not limited to trademarks, copyright, patents, designs, industrial models, whether registered or unregistered and include all applications and rights to apply for the same.
The use of our Website is granted to you solely and expressly for your personal and non-commercial use and cannot be copied, reproduced, used, distributed, transferred, exposed, sold or licensed without a prior written consent from the owners of the Intellectual Property Rights.
While using our Services, we grant you a limited, non-exclusive, non-transferable, non-assignable, revocable and royalty-free license to use our Proxmate related intellectual property assets only for enjoying the use of the Services and always in accordance with these Terms. This license is solely and expressly for your personal and non-commercial use. We do not grant you any other right, title or interest in this respect.
As intellectual property rights stand as core to our business we value them to their full extent and potential. As such, we are appreciative of the intellectual property rights belonging to third parties, respect them and we ask you to do the same. By expressing your consent to these Terms you agree to comply with the copyright laws and other laws protecting intellectual property rights in connection with the content agreement you may become party to by your use of the Services.
Upgrades to the Services
You understand and expressly accept that the Proxmate Plugins may at times not be fully functional.
Although we cannot guarantee that the Website and the Services will be at all times uninterrupted or error-free, we are doing our best to constantly improving our Services.
At our sole discretion, we may upgrade, update, add or remove functionalities or features of the Services at any time and we may suspend or stop any Service. Also, we are entitled without any notice sent to you (and without any liability) to suspend the Website for repair, maintenance, improvement or other technical reason. And we reserve the right at our sole discretion to modify any of the Services, or any part of them (including names, trademark, design, etc.) and/or to cease offering our Services anytime and for any reason.
In the event when there is a server breakdown affecting the use of our Services, we may not be held liable for such occurrences and the prejudices which it may cause you.
Termination of account
The Agreement between you and us enters into force on signing up your account and implementing one of the two ways to access our proxy servers (see above in Section “How does it work?“). It will remain in force until terminated by either you or us.
You may terminate your relationship with us at any time by deleting/deactivating your account and by uninstalling/removing the Proxmate Plugins from your devices. The Agreement will terminate within 5 calendar days following your account deletion/deactivation. If you later on change your mind, you may create a new account.
We may suspend, deactivate or terminate your use of the Services (including deleting your account and the information related to it) at any time and at our sole discretion - for example, if you breach these Terms, if applicable law or competent authorities require us or if we cease to offer the Services. In such cases, you expressly accept that we will not be liable to you or any third party for taking such action.
We provide our Services (including the Proxmate Plugins) “as is”. To the fullest extent permitted by the applicable law, we and our affiliates exclude any and all warranties, express, statutory or implied regarding the Services.
We cannot and in no event do we offer any guarantees related to our Services’ availability, functionality or their ability to fully meet your needs at all times. Also, we make no warranties that the Services will at all times be error free, bug and viruses free, with no interruptions or that errors will be fixed immediately or in due time.
You acknowledge and expressly agree that your use of our Services will always be at your sole responsibility and voluntary risk.
Our Website links to other websites which may be of interest to you.
We do not guarantee, recommend or endorse in any way such hyperlinked websites or their content and services. We are not legally responsible for them. You expressly accept that you always use them at your own voluntary risk (including their applicable terms and privacy practices which we recommend you should read and understand to make sure that you agree to them). Once you access the websites provided by our Website you enter an agreement with them and we are not liable for the content or services provided by such websites. We do not act in the name or on behalf of the websites accessed via our Services.
We do not monitor or check for accuracy the content of the websites to which you access via our Services with links and we are not liable to the term of use of the respective websites.
Limitation of our liability
You should use our Services only in compliance with applicable laws and you undertake and represent to use them accordingly.
Neither we, nor our employees, agents or affiliates shall be held liable for any damages arising directly from any:
- Errors, mistakes, omissions or lack of content accuracy;
- Use of the Website and of the Services;
- Interruption or end of transmission of the Website;
- Errors, viruses, trojans or any other similar elements which may be transmitted by or through our Website by a third party;
- Unauthorized access to your account or to your device;
- Content, material, advertising or other information offered on the Website by third parties;
To the fullest extent permitted by law, in no event will we or any other person who has been involved in the creation, development, production, marketing or offering of our Services be liable to you or any other party for any indirect, incidental or consequential damages (including, without limitation, loss of data or for inability to use the Services). In no event will our aggregate liability to you and any other party, whether direct or indirect, exceed £100 GBP for any and all claims or damages, except for damages arising from actions committed with criminal intention or gross negligence.
You agree to indemnify, defend and hold us, our subsidiaries, parent company and affiliates, partners and all of their respective officers, directors, owners, employees, agents, attorneys, representatives, harmless from and against any and all liabilities, losses, expenses, damages and costs (including reasonable attorneys' fees), incurred by any of the above persons in connection with: any claim arising out of your use of the Services, any use or alleged use of your account or your password by any third party (whether or not authorized by you), your breach of these Terms or of the rights of any other person.
All our rights and obligations herein may be assigned by us in connection with a merger, acquisition, sale of assets or otherwise, in whole or in part. You may not assign or sublicense your rights herein.
The Agreement and the relationship between you and us will be governed by and construed in accordance with the laws of England and Wales. Any dispute arising out of or relating to these Terms or your use of, or inability to use, the Services will be settled by the competent courts in England and Wales. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.
If any clause herein is found by a competent court to be unenforceable, the remaining clauses will remain in full force and effect.
Do not sign up your account if you disagree with any of their provisions.