Acceptable Use Policy

This Acceptable Use Policy (“AUP”) sets out the rules for accessing and using (a) our websites, including www.proxidize.com and www.proxi.es and their subdomains (the “Website”), and (b) any Goods, Software, Subscription Plans, Subscription Services, and Services provided by Proxidize Ltd (“Proxidize”, “we”, “us”, “our”) (the “Services”, as defined in the Agreement).

Website Terms. The terms governing access to and use of the Website are set out in Appendix A (Website Terms of Use).

Incorporation and precedence. This AUP forms part of, and is incorporated into, the agreement between Proxidize and the Customer that incorporates our Terms and Conditions (the “Agreement”, as defined in those Terms and Conditions) for Customers that have entered into the Agreement. In the event of any conflict relating to the Services, the Agreement will prevail to the extent of the conflict. In the event of any conflict relating to the Website, Appendix A will prevail to the extent of the conflict.

Definitions. Terms that are defined in this AUP (whether or not capitalised) have the meaning given in this AUP. Terms used in this AUP but not defined in this AUP have the meaning given in the Agreement. Terms used in Appendix A but not defined in Appendix A have the meaning given in this AUP, and if not defined in this AUP, the meaning given in the Agreement.

By purchasing, accessing or using the Services, you (the “Customer”) agree to comply with this AUP. Any breach of this AUP will be deemed a material breach of the Agreement.

This AUP applies to the Customer, all Authorised Users, and any person accessing or using the Services with the Customer’s account, credentials, hardware, or network. The Customer is responsible for ensuring that all such persons comply with this AUP.

Website visitors. Any visitor, user, or other person who accesses or uses the Website (whether or not they are a Customer) is bound by Appendix A for Website access and use. Sections 2–14 of this AUP apply to Website visitors only to the extent they also access or use the Services.

The Services are provided solely for lawful, legitimate, and ethical business purposes and for the Customer’s internal business operations as permitted under the Agreement.

The Customer must:

• Comply with all Applicable Laws (including data protection, export control, sanctions, consumer protection, intellectual property, and anti-spam laws);
• Use the Services only as described in the applicable Service and Software Specification, Documentation, and any instructions issued by Proxidize; and
• Ensure that all use is consistent with this AUP and the Agreement.

The Customer shall:

• Ensure that all information provided in any Order, account registration, or Know Your Customer (KYC) process is complete and accurate;
• Ensure that Authorised Users use strong, unique credentials, keep them confidential, and do not share accounts or passwords with other individuals;
• Maintain the security of its own networks, devices, and telecommunications links used to access the Services;
• Promptly notify Proxidize of any actual or suspected unauthorised access, account compromise, or security incident related to the Services.

Proxidize may make access to certain Services conditional on a KYC process for the Managing Authorised User or Customer. Failure to complete or pass such checks may lead to restriction of certain functionality.

When accessing, using, transmitting, storing, or processing any data via the Services, the Customer shall not, and shall ensure that Authorised Users do not, access, store, distribute, or transmit material that:

• Is unlawful or infringing, including material that violates copyright, trade marks, patents, trade secrets, or other intellectual property rights;
• Is harmful, threatening, abusive, harassing or defamatory;
• Is obscene, indecent, or sexually explicit, including adult content or sexually explicit images;
• Promotes or depicts unlawful violence, terrorism, or hate;
• Is discriminatory based on race, colour, gender, sexual orientation, disability, religious belief, or any other protected characteristic;
• Is otherwise illegal or reasonably likely to cause damage or injury to any person, organisation, system, or property.

Proxidize may technically restrict access to certain categories of content or destinations where necessary for security, legal compliance, network integrity, or risk management.

The Customer shall not, and shall ensure that Authorised Users do not, use the Services to:

• Introduce malicious code
• Introduce, distribute, or facilitate viruses, worms, trojan horses, spyware, or any other malicious code;
• Attempt to exploit or abuse any vulnerability in any third-party system, or the Services, Software, Goods, or Proxidize’s systems.
• Attack or disrupt networks or systems
• Carry out denial-of-service (DoS / DDoS) attacks;
• Perform port scanning, packet spoofing, or other network reconnaissance intended to probe, scan, or test the vulnerability of a system without explicit authorisation;
• Engage in any activity that interferes with or degrades the normal operation of a website, application, device, network, or third-party service.
• Attempt unauthorised access
• Access (or attempt to access) accounts, systems, networks, or data that do not belong to the Customer or for which the Customer does not have lawful permission;
• Circumvent authentication, access control, rate limits, or technical protection measures.
• Tamper with hardware or software
• Modify, disassemble, decompile, reverse engineer, create derivative works from, or bypass technical restrictions on any third-party system or the Goods, Software, or Services provided by Proxidize, except to the extent permitted by Applicable Laws that cannot be excluded by agreement.

The Customer shall not use the Services for any of the following:

• Spam and unsolicited communications
• Sending unsolicited bulk or commercial email, SMS, social media messages, or other electronic communications (“spam”);
• Promoting tools or services whose primary purpose is to send spam or circumvent anti-spam measures.
• Fraud and deception
• Payment fraud or fraudulent use of credit/debit cards or payment instruments;
• Advertising fraud or click fraud (for example, generating invalid ad traffic through automated or deceptive means);
• Phishing, impersonation, spoofing, identity theft, or creation of fake accounts or content for deceptive purposes.
• Unlawful or high-risk activities (illustrative, not exhaustive)
• Money laundering, terrorist financing, or sanction evasion;
• Illegal trading in weapons, drugs, or other contraband;
• Distribution of child sexual abuse material or exploitation of minors;
• Any activity prohibited by Applicable Laws in any relevant jurisdiction.
• Gambling and related activities
• Operation of unlicensed gambling, lotteries, raffles, or betting services where prohibited by law.

The Services (including any proxy or connectivity functionality) may enable automated access to online resources. The Customer is solely responsible for ensuring that any data collection, crawling, or scraping activities comply with Applicable Laws and third-party terms.

The Customer shall not use the Services to:

• Access non-public or restricted data
• Access data behind login, paywalls, or technical access restrictions, or otherwise not publicly available, unless the Customer has clear, verifiable permission or a lawful basis to do so.
• Collect sensitive or protected data at scale
• Collect special category personal data (e.g. health data, biometric data) or data regarding children, unless permitted by law and supported by an appropriate legal basis and safeguards;
• Collect other personal data in violation of data protection or privacy laws.
• Violate third-party terms of service or robots rules, where legally enforceable
• Use the Services in a way that is knowingly inconsistent with binding contractual restrictions, site terms, or industry norms where legally enforceable.
• Overburden or damage third-party services
• Use automated tools in a way that unreasonably overloads or disrupts a website, API, or service, or that is likely to result in blocking or service disruption for others.

Proxidize may, in its sole discretion, limit or block access to specific destinations, domains, categories, or IP ranges to prevent abuse, legal risk, or service disruption.

Unless explicitly permitted in the Agreement or an Order, the Customer shall not:

• Resell, rent, lease, license, transfer, or otherwise commercially exploit the Services or any part thereof, including routing traffic or access for third parties through the Customer’s Proxidize setup;
• Provide the Services as a service to third parties (e.g. acting as a proxy provider or infrastructure provider using Proxidize Services);
• Make the Services or any associated credentials, devices, or network accessible to any third party other than Authorised Users;
• Use the Services to build or train a product or service that competes with Proxidize’s offerings.

The Customer acknowledges and agrees that:

• The Customer and all Authorised Users must comply with all export control laws, trade sanctions, and embargoes that apply to the Services;
• The Customer shall not access or use, and shall not permit access to or use of, the Services in any Prohibited Jurisdiction (as defined in the Agreement);
• The Customer and Authorised Users shall not be listed on any government sanctions or restricted parties list, or be nationals of, or companies registered in, a Prohibited Jurisdiction.

The Customer must not use the Services in any way that would violate any Applicable Laws relating to export controls or sanctions.

In addition to the intellectual property provisions in the Agreement, the Customer shall not:

• Copy, modify, duplicate, frame, mirror, republish, download, display, transmit, or distribute any part of the Software or Services except as expressly permitted by the Agreement and this AUP;
• De-compile, disassemble, reverse engineer, or otherwise reduce to human-perceivable form all or any part of the Software or Services, except to the limited extent permitted by non-waivable Applicable Laws;
• Remove or alter any proprietary notices, trade marks, or branding on or in the Services.

The Customer is responsible and liable for:

• Any breach of this AUP by an Authorised User as if it were the Customer’s own act or omission;
• Ensuring that Authorised Users are aware of and comply with this AUP and the Agreement;
• Promptly addressing and remediating any misuse of the Services under its account.

• Monitoring

Proxidize may routinely monitor all Customer activity, in cases including, but not limited to:

• Necessary to operate, secure, maintain or improve the Services;
• Required to investigate suspected violations of this AUP or the Agreement;
• Required by law, court order, or competent authority.
• Enforcement actions

If Proxidize reasonably believes that the Customer or an Authorised User has violated this AUP or the Agreement, Proxidize may, without liability and with or without prior notice, take one or more of the following actions:

• Issue a warning or request for remediation;
• Suspend or restrict access to any part of the Services (including disabling accounts or credentials);
• Block or filter specific traffic, targets, ports, or destinations;
• Refuse to provide Support in relation to misuse;
• Terminate the Agreement (or part of it) in accordance with its terms.
• Law enforcement and third-party cooperation

Proxidize will cooperate with law enforcement authorities, regulators, or harmed third parties in connection with any suspected illegal activity where legally required, including by preserving and, where legally required, disclosing relevant information.

• No waiver

Failure or delay by Proxidize in enforcing this AUP shall not constitute a waiver of any provision or of any rights or remedies.

Proxidize may update or amend this AUP from time to time in accordance with the variation provisions of the Agreement.

If we make a material change, we will provide notice by updating the “Last updated” date above and/or by other reasonable means. Continued use of the Services after the effective date of any change shall constitute acceptance of the revised AUP.

If you become aware of any misuse of the Services or any activity that violates this AUP, please contact:

Email: abuse@proxidize.com

URL: https://proxidize.com/report-abuse/

Please include as much detail as possible (including timestamps, destination domains or IPs, logs, and a description of the suspected misuse) so we can investigate effectively.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE.

This Appendix A forms part of the Proxidize Acceptable Use Policy and applies to access to and use of the Website.

What’s in these Terms?

These Website Terms of Use (the “Website Terms”, “Terms”, or “Terms of Use”) govern your use of our websites www.proxidize.com and www.proxi.es and all their subdomains (“our site”).

Who we are and how to contact us

• Our site is operated by Proxidize Ltd (“we“, “our”, “us”). We are a limited company registered in England (with company number 13941330) of 85 Great Portland Street London W1W 7LT UK.
• To contact us, please email support@proxidize.com or use our live chat service when available.

By using our site you accept these Terms

• By using our site, you confirm that you accept these Terms of Use and that you agree to comply with them.
• If you do not agree to these Terms, you must not use our site.
• We recommend that you print a copy of these Terms for future reference.

There are other terms that may apply to you

These Terms of Use refer to the following additional terms, which also apply to your use of our site:

• Our Privacy Policy.
• If you purchase Goods or Services from our site, our Terms and Conditions apply.

We may make changes to these Terms

We reserve the right to amend these Terms from time to time. Those changes will be effective from the moment that the revised Terms are posted on our site. You are responsible for reviewing these Terms periodically and making yourself aware of any modifications before you use our site. Your continued use of the site after any changes will constitute your: (a) acknowledgement of the revised Terms; and (b) agreement to abide and be bound by the revised Terms.

We may make changes to our site

We reserve the right to update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities. We do not guarantee the availability of any particular part of the site.

We may suspend or withdraw our site

• Our site is made available free of charge.
• We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal but we are not obliged to do so.
• You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

We may transfer these Terms to someone else

We reserve the right to transfer our rights and obligations under these Terms to another organisation. We will try to notify you but we are under no obligation to do so. You are not permitted to transfer any of your rights under these Terms to any other person.

How you may use material on our site

• We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it, including but not limited to the layout, content, text, images and typography included therein (“our Content”). Our Content is protected by copyright laws and treaties, and other regimes protecting intellectual property rights, around the world. All such rights are reserved.
• You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
• You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
• You must not copy, modify, publish, capture, perform, transmit, transfer, sell, license, reproduce, re-post, create derivative works from or based upon, reverse engineer, upload, link, distribute, exploit or alter the site, our Content, or any parts thereof, unless expressly permitted by us in writing.
• Our status (and that of any identified contributors) as the authors and owners of content on our site must always be acknowledged (except where the content is user-generated).
• You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
• Nothing in these Terms shall be construed as conferring by implication or otherwise any licence or right to use any intellectual property right whatsoever and you shall not acquire ownership of any part of the site or our Content.
• If you print off, copy, download, share or repost any part of our site in breach of these Terms of Use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No text or data mining, or web scraping

• You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):
• any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same; and/or any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
• The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
• This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Do not rely on information on this site

• Our Content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
• Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that our Content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

• Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You access the sites via such links entirely at your own risk.
• We have no control over the contents of those sites or resources.

User-generated content is not approved by us

This website may include information and materials uploaded by other users of the site, including to social media pages, video-sharing sites, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

Business users only

This website is intended for business users only. Please do not use our website if you are a consumer.

Our responsibility for loss or damage suffered by you

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  
  use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.
• In particular, we will not be liable for:
  
  loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

Uploading content to our site

• Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with any content standards set out by us from time to time.
• You warrant that any such contribution does comply with those standards, and you are liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of that warranty.
• Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the ‘Rights you are giving us to use material you upload’ section below.
• We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.
• We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with our content standards.
• If you wish to contact us in relation to content you have uploaded to our site and that we have taken down, please contact us at support@proxidize.com.
• You are solely responsible for securing and backing up your content.
• You must not upload any material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence.

We will suspend your service if you upload illegal content

• If you upload material that is illegal, we may suspend your access to our service for a reasonable period of time. We may warn you in advance if we plan to suspend you. When deciding whether to suspend you, we will consider:
  
  how many items of clearly illegal content you have uploaded within a given time frame in terms of the volume of other content uploaded by other users during that time;
• the gravity of the misuse, including the nature of the illegal content and its consequences (potential or otherwise); and
• where possible to identify, your intention in posting the material.
• If you frequently submit notices or complaints that are clearly unfounded, we may suspend the processing of any further notices or complaints from you for a reasonable period of time. We will warn you in advance if we propose to suspend processing of your notices or complaints. When deciding whether to suspend you, we will consider:
  
  how many items of clearly unfounded notices or complaints you submitted within a given time frame in terms of the volume of other notices or complaints submitted by other users during that time;
• the gravity of the misuse; and
• where possible to identify, your intention in submitting the notices or complaints.

Rights you are giving us to use material you upload

When you upload or post content to our site, you grant us the following rights to use that content:

• a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service forever; and
• a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content for their purposes forever.

We are not responsible for viruses and you must not introduce them

• We do not guarantee that our site will be secure or free from malware, bugs or viruses.
• You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
• You must not misuse our site by knowingly introducing malware, viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Security testing and vulnerability disclosure

• You must not (and must not attempt to) probe, scan, test, bypass, or exploit the vulnerability of our site or any system or network connected to it, or otherwise attempt to compromise the security, integrity or availability of our site (including by penetration testing, vulnerability scanning, security testing, password testing, denial-of-service testing, or any similar activity).
• If we publish a vulnerability disclosure policy, bug bounty programme, or similar (together, a “VDP”), the VDP (and only the VDP) may set out a limited scope and permitted methods for security testing and reporting. Any testing or related activity must be strictly within the VDP’s stated scope and carried out in full compliance with the VDP and any instructions we provide.
• We may change, suspend or withdraw any VDP at any time, without notice. A VDP does not create any contractual right to conduct security testing and does not authorise any activity unless we expressly state otherwise in writing. Any activity outside the VDP’s scope (or after a VDP is changed, suspended or withdrawn) is prohibited.

Rules about linking to our site

• You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
• You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
• You must not establish a link to our site in any website that is not owned by you.
• Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
• We reserve the right to withdraw linking permission without notice.
• If you wish to link to or make any use of content on our site other than that set out above, please contact support@proxidize.com.

Which country’s laws apply to any disputes?

These Terms of Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

What happens if part of these Terms is not enforceable

If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable then that invalid or unenforceable part will be deemed deleted from these Terms, and such invalidity or unenforceability will not affect the other provisions of these Terms which will remain in full force and effect.