Terms of Service

1. Scope & Definitions

These Terms of Service ("Terms") govern your use of the ProxyTool software application ("App") and related web services ("Service") provided by ProxyTool, a sole proprietorship established in Germany (details in our Imprint) ("we", "us", "our").

• "User" — Any individual or entity that registers for or uses the Service
• "Consumer" — A natural person who enters into the contract for purposes that are predominantly outside their trade, business or profession (§ 13 BGB)
• "Entrepreneur" / "business customer" — A natural or legal person acting in the exercise of their trade, business or profession (§ 14 BGB)
• "Subscription" — A paid plan granting access to the App and its features
• "Device" — A computer or device on which the App is installed and activated

These Terms apply to both consumers and business customers. Provisions that apply only to one group are marked accordingly. Conflicting or supplementary terms of the User do not become part of the contract unless we expressly agree to them in writing.

You accept these Terms when you create an account and, for paid services, by confirming the acceptance checkbox during checkout. We store a record of this acceptance together with the applicable version of the Terms. The contract language is English.

2. Account Registration

To use ProxyTool, you must create an account. You agree to:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activity under your account

We reserve the right to suspend or terminate accounts that violate these Terms or remain inactive for extended periods.

3. Subscriptions & Payments

Plans

ProxyTool offers tiered subscription plans with varying device limits. Plan details and pricing are displayed on our website and may change with reasonable notice.

Billing

• Subscriptions are billed monthly or annually in advance
• Payment is processed securely through Stripe
• Prices are displayed in USD and may exclude applicable taxes

Free Trial

New accounts receive a 7-day free trial with 1 device slot. No payment method is required during the trial. At the end of the trial, you must subscribe to continue using the App.

Upgrades & Downgrades

• Upgrades take effect immediately with prorated billing
• Downgrades take effect at the end of the current billing period
• Excess devices are automatically revoked upon downgrade

Cancellation

You may cancel your subscription at any time. Access remains until the end of your current billing period. No refunds are provided for partial billing periods.

Right of Withdrawal (Consumers)

If you are a consumer, you generally have a statutory right to withdraw from a distance contract within fourteen (14) days without giving reasons. Full statutory withdrawal instructions are set out in our Refund Policy.

Expiry of the withdrawal right for digital content and services. Our subscriptions, proxy bandwidth and AI credits are digital content and digital services that we begin to provide immediately after purchase. In accordance with § 356 (4) and (5) BGB (implementing Art. 16(a) and (m) of Directive 2011/83/EU), by confirming the acceptance checkbox at checkout you expressly consent to us beginning performance before the end of the withdrawal period and acknowledge that you thereby lose your right of withdrawal once performance has begun (for services) or once we have started to supply the digital content. We confirm this consent to you on a durable medium (e.g. the order confirmation email).

4. License & Usage

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App on the number of devices permitted by your subscription plan.

You may not:

• Reverse engineer, decompile, or disassemble the App
• Modify, adapt, or create derivative works of the App
• Share, resell, or sublicense your account or subscription
• Circumvent license enforcement or device limits
• Use the App for any illegal purpose

5. Acceptable Use

ProxyTool is designed for legitimate proxy management. The following uses are strictly prohibited:

• Any activity that violates applicable law
• Unauthorized access to networks or systems
• Distribution of malware, spam, or phishing content
• Harassment, fraud, or identity theft
• Circumventing security measures for malicious purposes
• Activities that infringe on intellectual property rights

Violation of this policy may result in immediate account suspension without refund.

Your Responsibility

You are solely responsible for how you use the App and any proxies, bandwidth or third-party infrastructure accessed through it, and for ensuring that such use complies with all applicable laws, the terms of the relevant upstream proxy providers, and the terms and policies of any website or service you access. The App is a neutral tool; we do not monitor, control or endorse the traffic you route through it and have no obligation to do so (see §§ 8–10 TMG / § 7 ff. DDG).

Indemnification

To the extent permitted by law, you shall indemnify and hold us harmless from and against any third-party claims, proceedings, damages, fines and reasonable costs (including reasonable legal fees) arising from your culpable breach of these Terms, your unlawful or improper use of the App or proxies, or your infringement of third-party rights. If you are a consumer, this obligation applies only to the extent the underlying breach is attributable to your fault (§ 276 BGB). We will notify you of any such claim without undue delay and give you the opportunity to participate in the defence.

6. Availability & Updates

• We strive for 99.9% uptime but do not guarantee uninterrupted service
• We may release updates that modify features or functionality
• Scheduled maintenance will be communicated in advance when possible
• We reserve the right to discontinue the Service with 30 days notice

7. Intellectual Property

ProxyTool, including its software, design, logos, and documentation, is protected by copyright and intellectual property laws. All rights not expressly granted remain with us.

8. Warranty

For consumers, the statutory warranty rights for digital products and services apply (§§ 327 et seq. of the German Civil Code, BGB). These rights are not restricted by these Terms.

Beyond the mandatory statutory warranty, we provide the Service with due professional care but do not warrant that it will be uninterrupted, error-free, or that it will meet requirements not expressly agreed. Statements about availability (see Section 6) are targets, not guarantees, unless we have expressly given a guarantee in writing.

9. Limitation of Liability

Our liability is determined as follows. This section applies to claims for damages and reimbursement of expenses (together "damages"), regardless of the legal basis.

• (1) Unlimited liability. We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz), for fraudulently concealed defects, and to the extent we have given a guarantee.
• (2) Slight negligence. For slightly negligent breaches we are liable only where we breach a material contractual obligation (a "cardinal obligation" — an obligation whose fulfilment is essential to the proper performance of the contract and on whose observance you may regularly rely). In such cases our liability is limited to the foreseeable damage typical for this type of contract.
• (3) Exclusion. Any further liability for slight negligence is excluded. In particular, we are not liable for indirect or consequential damages, loss of profit, or lost data, save where paragraph (1) or (2) applies. You are responsible for maintaining regular backups of your data.
• (4) Business customers. Where you are an entrepreneur (§ 14 BGB), our aggregate liability under paragraph (2) is additionally capped at the total fees paid by you to us in the twelve (12) months preceding the event giving rise to the claim.
• (5) Personnel. The above limitations also apply in favour of our legal representatives, employees and vicarious agents.
• (6) Third parties. We are not responsible for third-party services, proxy infrastructure, websites or content accessed through the App; their own terms apply (see the Disclaimer).

10. Termination

We may terminate or suspend your account immediately if:

• You breach these Terms
• You violate our Acceptable Use Policy
• Your account is used for fraudulent activity
• Required by law or regulatory authority

Upon termination, your license to use the App ends immediately and all registered devices are deactivated.

11. Governing Law & Disputes

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law does not deprive you of the protection afforded by mandatory provisions of the law of your country of habitual residence.

Where you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is our registered seat in Germany. Statutory places of jurisdiction for consumers remain unaffected.

The European Commission provides a platform for online dispute resolution (ODR) at ec.europa.eu/consumers/odr. We are not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.

12. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated via email at least 14 days before taking effect. Continued use of the Service after changes constitutes acceptance.