Version No 4. December 11, 2023.
This Proxy-Wave Services FZE LLC Terms of service agreement (the “Agreement“) governs the contractual relationship between Proxy-Wave Services FZE LLC as a service provider and any natural or legal person as a service user.
1.1 Proxy-Wave Services FZE LLC is a legal entity, incorporated in the United Arab Emirates, license No 4387, address BLB-BC5-641 (5th floor), AMC - BOULEVARD-B Building, 143 AL HASSAN AL BASRI STREET, JURF 2, Ajman, United Arab Emirates (the “Company”). The Company is acting as a main service provider under the Agreement.
1.1.1 The Company may contract other persons (e.g. other group companies (if any), third party service providers) to ensure proper provision of the services to its clients. In such cases, the Company shall be considered as the main service provider.
1.2 Any person using Company’s services/systems is considered to be a client of the Company under this Agreement (the “Client” / “You”). The Client can be a natural person or legal person, represented by a natural person.
1.2.1 The Company offers services only for natural persons of legal age. You, as a natural person, as well as a user of the Company‘s services, shall be responsible for making sure You are applicable to use the Company‘s services. 1.2.2 The Company offers services only for duly established legal entities. 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.
1.3 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 www.Proxy-Wave.com (the “System”).
1.3.1 Full list of the Services is indicated in the System.
1.3.2 The Company shall have a right to change the list of Services from time to time, without any prior notification to the Client.
1.3.3 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.
1.3.4 Company’s Services and System are available globally with restrictions in some areas due to regulatory restrictions. The Client shall be obligated to make sure it is legal to access System / use the Services in Client’s location.
1.4 By creating an account within the System and by ordering/purchasing/using the Services in any scope You are agreeing with the Agreement any other rules governing Services / System. For the avoidance of doubt, by using Services / System, 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.
1.5 This Agreement takes effect at its full scope at the moment You sign up within the System by creating an account as indicated in Clause 2 of this Agreement. The rules of this Agreement mutatis mutandis are applicable to the use of System prior to/without signing up to the System / creating the Account, including but not limited to, the rules set forth in Privacy Policy and Acceptable use policy.
1.6 You can contact the Company using a popup chat box in the System, filling a question box in the System in the “About us” section, as well as by sending an email to [email protected]. For the matters regarding this Agreement, we recommend contacting the Company via email, by sending your inquiry to [email protected].
1.7 The Company shall have the right to unilaterally modify and/or update the Agreement at any time without notice. The continuous use of the Services by the Client shall be deemed as acceptance of Agreement in the last and most updated version. Any Client shall periodically check and assess the Agreement. The latest version of Agreement shall be available at https://Proxy-Wave.com/terms-of-service/.
1.8 By Agreeing to this Agreement, 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. By creating an account as indicated in the Clause 2 of this Agreement, You give Your permission (consent) for Your personal data processing for direct marketing and advertising purposes.
1.9 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 System or any part of it, as well as its features and functionalities.
2.1 If You wish to use the Services, You must register within the System by filling the registry form and providing necessary information / confirmations. The registry form is available at https://dashboard.Proxy-Wave.com/register/. Once all steps are fulfilled, You will be able to use Your user’s account (the “Account”).
2.2 Upon using the System, the client shall allow cookie use by customizing the preferences or by allowing all cookies. The Client must read the terms and conditions applicable to cookies used by the Company for the provision of the Services and proper usage of the System. The latest version of Privacy Policy, containing cookies’ policy, is available at https://Proxy-Wave.com/privacy/.
2.3 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.
2.3.3 Valid email address.
2.3.4. Valid phone number.
2.3.5 Country of residence.
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, 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 It is mandatory for the Client to accept Agreement, Privacy Policy and any other rules governing Services / System (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 (for example, to verify Your mobile number). All verifications shall be done in accordance with rules set forth in the Privacy Policy.
2.5 The Client might be asked to perform a test to tell computers and humans apart 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.
2.6 The Client shall always carry out the email verification step by clicking on an active link received in the registered email.
2.7 The Company shall be entitled to change the list of required information by modifying, adding, or reducing the list of data needed for the creation of an Account.
2.8 The Client must provide its payment details to conclude the order for Services.
2.9 The Company shall be entitled to ask You to re-submit or renew any of the data needed for the creation of the Account / ordering the Services. Such requests can be made at any time periodically or on an ad-hoc basis, upon the Company’s decision.
2.10 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 / has legitimate ground for the usage of resources indicated. For the avoidance of doubt, the Client confirms using its own (its representative’s) email address, telephone number, residence address, using its own bank account to pay for the Services, etc.
2.10.1 By creating an Account, You confirm understanding that the contact information provided to the Company (email address, telephone number, residence address, other (if any) can be used by the Company for direct marketing and advertising purposes, as well as for other electronic communication. By creating an Account, You express your consent to receive various marketing and advertising materials (including direct marketing material), such as customer satisfaction surveys, newsletters, sweepstakes, other communication from the Company.
2.10.2 If You disagree to give Your consent / wish to withdraw Your consent to receive direct marketing and advertising material in any scope or way, You must either:
2.10.2.1 Not complete the creation of the Account, or
2.10.2.2 After creation of the Account, withdraw Your consent (that was given by creating an Account) by clicking “Unsubscribe” button in the email received from the Company after Your Account was created (or at any other time, by clicking “Unsubscribe” button indicated in any other email from the Company which was sent by the Company as a direct marketing and/or advertising material).
2.11 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 own use and cannot be used to use Services behalf of another individual or entity.
2.12 As a preventive security measure, the Company recommends that every Client uses the two-factor authentication identification components (“2FA”).
3.1 In instances where the Account holder does not match the owner of the Account, or if there are any other discrepancies between the provided information, the Company might not be able to proceed with the provision of the Services. 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.
3.2 In addition to the Clause 3.1., the access to the Account may be denied / removed and the Service provision may be suspended at the discretion of the Company if:
3.2.1 The Client breached material obligations under this Agreement (for example, an obligation to pay in full and in time for the Services ordered), violated its warranties.
3.2.2 The Client is not of a legal age as per the requirements of the applicable law or Client’s representative is not properly authorized / the representation period is over and not properly renewed.
3.2.3 The Client is using Services / reaching the System from the restricted location.
3.2.4 The Client violates Acceptable Use Policy rules. The latest version of Acceptable Use Policy is available at https://Proxy-Wave.com/acceptable-use-policy/.
3.2.5 The Client violates Affiliate program rules as indicated in the System and Clause 7 of this Agreement.
3.2.6 The Client’s actions in any way poses security, reputational, financial or other risks to the Company, its affiliates, any other third-party, proper functioning of the System, proper provision of the Services to any other person.
3.2.7 The Client’s actions are in any way in a breach of any applicable law or regulation, including generally accepted rules of good morals.
3.3 In case the Client’s right to access the System 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.
3.4 In case the Client is given an opportunity to eliminate the violation, the Company shall give an appropriate time period for the Client to do so. The decision whether to set a time period and if so, for what duration, is at the sole discretion of the Company.
3.5 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 to address competent law enforcement authorities 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.
4.1 Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company materials solely in connection with Your use of the System and Services. You might need to order and pay for a certain Service / Service package to use the System 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 / paid for by the Client.
4.2 The System 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.
4.3 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 System or Services or at the termination of this Agreement.
4.4 The Company shall have a right to cease supporting the System or its part or any functionality of the System at any time for any period of time. In such event Client’s license to use the System shall be automatically suspended.
4.5 Unless otherwise stated, the Company owns the intellectual property rights in the System and material on the System. The Client 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 System are the sole and exclusive property of the Company.
4.6 The Client obliges not to violate any intellectual rights owned or sought to be protected by the Company and shall use all such intellectual property for intended purposes only. This includes the copyrighted and protected merchandise, resources and Company’s logo and trademarks. The Client shall not:
4.6.1 Republish material from the System unless it is separately allowed by the Company (for example, as indicated in the Clauses 7.4.-7.5).
4.6.2 Sell, rent or sub-license material from the System unless it is separately allowed by the Company.
4.6.3 Show any material from the System in public.
4.6.4 Reproduce, duplicate, copy or otherwise exploit material on the System for a commercial purpose.
4.6.5 Redistribute material from the System.
4.6.6 Edit or otherwise modify any material on the System.
4.6.7 Use the System in any way that causes, or may cause, damage to the System or impairment of the availability or accessibility of the System.
4.7 The Agreement, including terms and conditions regarding the license, applies to all versions of the System, as well as any separate functionality and/or its derivatives.
5.1 As a Client, You acknowledge understanding and accepting the following risks associated with the use of System and Services. Not limited to these examples, You acknowledge being aware of the inherent risks set forth above and hereinafter:
5.1.1 Risk of software or other IT weaknesses: there is no guarantee or warranty that the process using System 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.
5.1.2 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 System, as well as usage of the System 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 System/Services is in compliance with the applicable law.
5.1.3 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 System and/or Services.
5.1.4 Tax risk: the tax consequences of using the System/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 System/Services.
5.2 You should be aware that SMS / messaging and email services are susceptible to spoofing and phishing attacks and should be careful when reviewing messages that claim to be from the Company. You should always log into Your Account via https://Proxy-Wave.com/, use communication tools in the System or contact us via email by sending an inquiry to the address [email protected] if You are unsure about the authenticity of a communication or notice. Note that phishing attacks often occur despite SMS or 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.
6.1 Services may be available for a fee or for free (for example, on a free-trial basis for a limited period of time). The Company shall have a right unilaterally, on its own discretion, to determine the cost of Services, the duration of the validity of the price, the applicable promotions and discounts, other rules related to the payment of the Services.
6.2 The latest and up-to-date list of applicable prices for every category of the Services is available on the System https://Proxy-Wave.com/
6.3 The prices and the scopes of any Services can be changed by the Company without any prior notice. The Client shall always check the System for applicable prices and features for every Service before making an order.
6.4 If You are using Services on a free-trial basis, 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.
6.5 The Client can use a “User balance” functionality on the System to cover payments for Services. The Company is constantly trying to find the most convenient payment solutions, including expansion of ways to deposit the funds to the “User balance”. The current list of possible solutions to deposit funds into “User balance” is available in the section “Deposit” in the System.
6.6 The Client can use the option of subscription payments based on a schedule (when payments are automatically made based on the time period) or based on the used proxy/GB basis (when payments are automatically made based on the amount of proxy/GB used). The actual applicable principle shall be determined by the Company and indicated in the description of the Service You are ordering with subscription payment option. In all cases, the Client must express the will to order the Service with subscription payment method and shall have a right to revoke such option under the rules applicable for a respective order. The Client 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 payment option
6.7 Most of the Services provided by the Company are on:
6.7.1 A used proxy/GB basis (the fee is calculated based on the quantity of proxies ordered or GB used by the Client).
6.7.2 A one-time-order basis, providing a right to use certain Service for a one-time payment for a set period of time.
6.7.3 A monthly subscription payment basis, meaning the Client is obligated to pay regularly a set amount of fee to receive the Service for an agreed (ordered) period of time.
6.8 The actual applicable fee calculation and payment method, period of the provision of Services, and the fee charging frequency is indicated in the System and confirmed by the Client when confirming an order.
6.9 Subscription fees, as well as fees paid for a continuous Service, are non-cancelable and non-refundable
6.9.1 Exception to the Clause 6.9.: If the Service is inactive/works with defects during the first 24 hours from the purchase due to reasons not depending on Your actions ( for example, if a technical failure in the System 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. In all cases, You shall contact the Company as soon as possible after noticing the fault. 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.
6.10 Fees for the Services are indicated 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.
6.11 The Client warrants using and providing payment information that is owned by the Client or that the Client has a right to use for the purposes as indicated in this Agreement. The Client shall update its payment information to always keep it up-to-date.
6.12 Any claims regarding the applied Services’ fee or amounts charged must be submitted in writing no later than 3 months after the date of application of the fee or the charging of the amount.
6.13 Transactions can be processed through various payment providers and/or managed by various service providers. The Company uses services from the following providers: Bitlocus (provided by Bitlocus LT, UAB), Simoresta (provided by Simoresta, UAB), CoinGate (provided by Decentralized, UAB), Paddle (provided by Paddle.com Market Ltd.), Stripe (provided by Stripe, Inc.).
7.1 The Company offers to participate in Affiliate program – the main and up-to-date information about the Affiliate program is available on at https://Proxy-Wave.com/affiliate-program/ as well as at section “Affiliate” which can be reached while logged-in to the Client’s Account.
7.2 By participating in the Affiliate program, You acknowledge understanding that affiliate marketing is the process by which an affiliate earns a commission for marketing another person’s or company’s products. In that sense, You confirm understanding that while participating in the Company‘s Affiliate program You would be considered as an affiliate and You would be marketing Company‘s Services / System.
7.3 The main goal in an Affiliate program is to promote the System / Services and to attract new users of the Services (the “New users”).
7.4 While being logged-in Your Account, You can copy a default affiliate link or create Your custom affiliate link, also You can copy an affiliate banner at the “Affiliate” section.
7.4.1 Default affiliate link is generated automatically.
7.4.2 Custom affiliate link is generated using a custom name indicated by You. The length of the custom name can be limited as indicated in the “Affiliate” section. Your custom name shall not in any way violate applicable laws, rules, other person’s rights (for example, You are not allowed to use wording that violated IP rights of any other person or entity), as well as generally accepted rules of good morals.
7.4.3 Affiliate banners are generated automatically, and You shall be able to choose from various options (in banner size and banner type) as indicated in the “Affiliate” section.
7.4.4 The Company may provide any other material/data, both specially generated for You, or used as a general marketing material. You shall always use such material in accordance with the instructions provided by the Company.
7.4.5 The Company shall have a right to eliminate or change (modify) any of the options indicated in the Clauses 7.4.1.-7.4.4, also to add new ones at its sole discretion without prior notification to the Client. You, as a Client, shall always check the availability and current options before using any of the Affiliate program materials.
7.5 The Client participating in the Affiliate program shall use the affiliate links and affiliate banners, and /or any other affiliate material, for promotion purposes. The Affiliate program materials can be shared and published by the Client in order to attract New users at the discretion of the Client while obeying the rules set in this Agreement and indicated in the System.
7.5.1 The Client acknowledges and agrees that the Client is solely responsible for the way the Client uses affiliate material. The Company does not control nor impact in any way actions of the Client, therefore the Company shall not be liable for any harm such actions may cause.
7.5.2 The Client shall always make sure that sharing or publishing affiliate materials are in accordance with applicable laws, rules and generally accepted rules of good morals, and that such action does not violate other persons’/ entities’ rights. The Client shall not share/publish the affiliate materials in any paid channels, unless otherwise agreed between the Client and the Company.
7.5.3 The Company believes that the honest marketing model and fair market competition shall always be a priority and encourages You to always make sure Your actions are in accordance with those principles.
7.5.4 The Client acknowledges and agrees that the following actions are strictly forbidden and constitutes a material breach of the Agreement. The provided list is non-finite and includes only the most common unfair and prohibited practices.
7.5.4.1 To use fraud in order to gain any material benefit, for example to use stolen credit cards to generate revenue with intent to gain reward.
7.5.4.2 To bid on the Proxy-Wave trademark for paid search advertising.
7.5.4.3 To use affiliate materials in Company’s competitor’s communication channels, for example – Reddit, Discord, forums, etc.
7.5.4.4 To engage in unfair, aggressive or misleading practices, including but not limited to, creating and using fake accounts, spamming, harassing or bullying into using Services, pressuring with false “limited offer” campaigns, giving false information or leaving important information out, etc.
7.5.4.5 To provide false information about applicable fees, promotions, discounts or features of the Services, as well as to falsely offer prizes or gifts.
7.5.4.6 To represent Yourself as being a representative of the Company or the Company itself.
7.5.4.7 To engage children, including asking/encouraging them to promote the Services in any way (for example, to share the affiliate materials or to ask for their parents, legal guardians or any other person to order Services for them).
7.5.4.8 To use dark or deception design patterns that are created in order to encourage, deceive or steer the user to take a certain action (for example, creating a sense of urgency by using fake countdown timers).
7.5.4.9 To hide affiliate materials as it is not with a purpose to attract New users (for example, by putting affiliate material into a game and making it seem like a part of that game).
7.5.4.10 To create fake consumer reviews or promote any advantages as special when the person already has those rights as per applicable law.
7.5.4.11 To create pyramid schemes.
7.6 Any illegal and/or fraudulent activity with intent to gain material or monetary benefit, both resultative or not, as well as an attempt to act in an illegal or fraudulent manner shall be result in a material breach of the Agreement, alongside with the notification of the activity to the responsible law enforcement authorities and a lifetime ban on using the Services in any capacity.
7.7 The Clients participating in the Affiliate program are entitled to get a reward that is set at the sole discretion of the Company. Most common reward is getting a certain percentage of every New user’s order amount. You should always check the current and applicable rules regarding the Affiliate program and possible rewards before participating in such a program.
7.8 You shall be entitled to get a reward only 1) for New user’s orders when the New user is considered to be a natural person or a legal entity which are not already a user of the System and was not a user of the System for more than 24 months, and 2) when such New user completes an order of Services and pays for in full.
7.9 The Client shall have a right to withdraw its rewards/earning (commission) using tools available at section “Withdrawals” in the System while logged-in into the Account. Any and all rules regarding the withdrawal, including limits per pay-out, available currencies, etc. are published in the “Affiliate” section. You should always check the applicable rules before proceeding with the withdrawal.
7.10 The System allows logged-in users to see the following information:
7.10.1 Total reward (commission) amount.
7.10.2 Unpaid reward (commission) amount.
7.10.3 Reward (commission) breakdown (for example, days’, week’s reward, etc.).
7.10.4 Total number of New users that are linked to the Client participating in the Affiliate program.
7.10.5 Clicks and earning statistics.
7.11 The Company has a right to change the dashboard and data shown to the Client participating in the Affiliate program at Company’s discretion without prior notice.
7.12 The Client acknowledges and agrees that in case of violation of the Agreement, the Company shall have a right to refuse to proceed with the withdrawal of the rewards, meaning the Client might lose its right to receive the reward (commission, earnings) in part or in full. The Company shall have a right to unilaterally on its own discretion decide whether to proceed with the withdrawal or not, and in what scope, based on the nature of the violation conducted by the Client. About such a decision the Client shall be informed via email.
7.13 The Company may offer to participate in reselling of its Services. In such cases, the rules indicated in this section are applicable mutatis mutandis for the reselling activity. For the avoidance of doubt, by participating
in reselling You acknowledge understanding that reselling of the Services is a separate action from the Affiliate program and by reselling the Services You are not entitled to get a reward as described in the Clause 7.7. In
order to participate in reselling of the Services, You shall purchase a large amount of Services as per the rules and prices applicable at the time of purchase and at Your own risk market the purchased Services to generate
new sales. The amount of the
Services that shall be purchased to participate in the reselling activity, as well as other important information is available at: https://documenter.getpostman.com/view/10917935/TzRYcQ6t. The Company shall not be obligated always to offer Services for reselling and is entitled to end or change the offer at its sole discretion.
7.14 If You are not able to reach the “Affiliate” section while logged-in into the System, if the affiliate materials are not generated or have any defects or flaws, if You are not sure whether You can use such material in the way You intend to, if You are not able to withdraw Your rewards, also if You have any other question or inquiry regarding the Affiliate program, You should contact the Company using a popup chat box in the System or by sending an email to [email protected].
8.1 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 acknowledges accepting and understanding that in order to ensure proper use of System and provision of Services, Client‘s data may be disclosed to such third-party service providers. You can see the list of the main service providers contracted by the Company in the Privacy Policy.
8.2 The use of third-party services are 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.
8.3 Any links on the System to third-party websites are provided solely for Your convenience. If You access those links, You will leave the System. 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.
8.4 Information on the System, including the Blog section of the System which can be reached on https://Proxy-Wave.com/blog/, is not promised or guaranteed to be correct, current, or complete, and the system may contain technical inaccuracies or typographical errors. Accordingly, You should confirm the accuracy and completeness of all posted information before making any decision related to any Services if in any doubt.
9.1 The Client agrees to defend, indemnify, and hold harmless the Company, its affiliates, and each of their respective directors, officers, employees, and agents from and against any and all third-party claims, demands, and liabilities, including reasonable attorney’s fees, resulting from or arising out of: (i) any breach of Client’s representations and warranties in this Agreement; or (ii) Client’s failure to comply with Client’s obligations under any and all laws, rules or regulations applicable to Client under this Agreement, except to the extent such violation arises out of Company’s failure to comply with Company’s obligations hereunder.
9.2 The Client may from time to time provide suggestions (feedback) to the Company. All suggestions are and shall be given entirely voluntarily. The Client acknowledges and agrees that suggestions, even if designated as confidential by the Client, shall not, absent a separate written agreement, create any confidentiality obligation for the Company. Furthermore, except as otherwise provided herein or in a separate subsequent written agreement between the parties, the Company shall be free to use, disclose, reproduce, license or otherwise distribute, and exploit the suggestions provided to it as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. For the avoidance of doubt, the Client agrees that the Company shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Services (and/or System) any suggestions, enhancement requests, recommendations or other feedback provided by You, relating to the operation of the Services/System.
9.3 The System and the Services are provided “as is” and You use the System and/or Services on Your own risk. It is expressly acknowledged and agreed by You that no representations and warranties of any kind, except those set forth in this Agreement, have been made by the Company to the Client with respect to the System/Services, and that 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.
9.4 You, as a Client, shall be solely responsible for making sure You are able to use Services and access System, meaning You shall be responsible for any hardware, software or other technical requirement (for example, mobile data, internet connection) compatibility. If You are not able to access System and/or use Services due to lack of compatibility with Your technical gear (in a broad sense), You may seek advice in the Blog section of the System or by contacting the Company via email by sending an email to [email protected]. In any case, the Company shall not be obligated to provide You with solution, advice or instructions in any sense in regards to the compatibility.
10.1 The Company may terminate or suspend Your Account / provision of Services as per the rules indicated in this Agreement. Without affecting the rules specified in other clauses of the Agreement, the Company stresses that breach of the Agreement / other applicable Company’s policies may result in suspension and / or deactivation of Your Account, as well as in the termination of this Agreement. In case of a breach, You shall not be entitled to receive any refunds/rewards. You are encouraged to assess rules indicated in the sections 3, 6 and 10 with additional attention before using the System/Services.
10.2 Any Party shall have a right to terminate this Agreement by terminating the Account. 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 / rewards upon the termination.
10.3 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.
10.4 In case of a material breach of the Agreement, the Company shall be entitled on its own discretion to inform the responsible law enforcement authorities about the violation (including but not limited to the essence of the violation and personal data of the Client) and to impose a lifetime ban on using the Services for the Client in fault. If a lifetime ban is applied, Your credentials (such as name, surname, IP address, email address) may be blocked from using the System / Services.
10.5 If You wish to Terminate the Agreement, You can take the following step in the section “Settings” at the System while logged-in into Your Account:
10.5.1 Select option “Delete account” to terminate Your Account without a possibility to renew Your Account.
11.1 The laws of the United Arab Emirates shall govern this Agreement and Your use of the Services. Your use of the System may also be a subject to other local state, national or international laws.
11.2 If You have any concern or dispute about the Services/System, You agree to first try to resolve the dispute informally by contacting the Company by sending an email to [email protected].
11.3 The Company expressly prohibits and rejects the use of its Services for any form of illicit activity, including money laundering, terrorist financing or trade sanctions violations, consistent with various jurisdictions’ laws, regulations and norms.
11.4 The System and the Services are of such nature that can be globally distributed and used – this is because of the global nature of the IT sector. Thus, the use of System and Services may be included in the sanction list.
11.5 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/System.
11.6 By using the System/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”).
11.7 If You become placed on any Sanctions List, You shall immediately discontinue Your use of the Services/System. Failure to do so can result in Your Account being suspended or terminated.
11.8 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 System/Services not available from such locations.
11.9 Persons located in the prohibited jurisdictions, or the residents of prohibited jurisdictions are not permitted to use Services. For the avoidance of doubt, the foregoing restrictions on Services in relation to prohibited jurisdictions applies equally to residents and citizens of other nations while located in prohibited jurisdictions. Any attempt to circumvent the restrictions on usage by any persons located (or as a resident) in a prohibited jurisdiction is a breach of the Agreement.
11.1 The Company and the Client consent to the English language in relation to the communication. Any other language shall be used for the sake of simplicity. Any notice or communication must be in English language respectively. The English language version of this Agreement is the prevailing version to any other possible version.
11.2 Any update of this Agreement comes in force at the moment it is published at the System as indicated in Clause 1. By using the Services You agree to be bound by any updated version of the Agreement.
11.3 You are encouraged to contact us by the means indicated in this Agreement. Sending an email to [email protected] shall be considered to be the primary means of communication.
11.4 The Company shall reply to Your inquiries within 30 days (with the possibility of two 30-day extensions).
The website is owned and operated by Proxy-Wave Services FZE LLC. We are registered in United Arab Emirates under license No 4387, and our registered office is at Business Club -BLB-BC5-641 (5th floor), AMC - BOULEVARD-B Building, Ajman Media City, Ajman, United Arab Emirates. Please contact us via email by sending your message to [email protected] or by sending us a letter to our registered address Business Club -BLB-BC5-641 (5th floor), AMC - BOULEVARD-B Building, Ajman Media City, Ajman, United Arab Emirates.
For inquiries regarding your data privacy: Please contact us via email by sending your message to [email protected], or by sending us a letter to our registered address Business Club -BLB-BC5-641 (5th floor), AMC - BOULEVARD-B Building, Ajman Media City, Ajman, United Arab Emirates
We value the trust that you place in us by using this website and our services. For this reason, privacy and data security are extremely important to us and we encourage you to use the assigned email address of our privacy team - [email protected] 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.
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