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Read now →These Terms of Service (the “Terms”) are a legally binding agreement between WATTENNE INTERNATIONAL LLC, a Wyoming limited liability company (“Company,” “we,” “us,” or “our”), and the person or entity accepting these Terms (“Customer,” “you,” or “your”).
These Terms govern your access to and use of:
databay.com, app.databay.com, and any subdomains (collectively, the “Site”); and
our proxy services, APIs, dashboard, authentication mechanisms, and related services (collectively, the “Services”).
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE OR SERVICES.
IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 16, WHICH AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. PLEASE READ SECTION 16 CAREFULLY.
By doing any of the following, you confirm that you have read, understood, and agree to be bound by these Terms:
(a) creating an account;
(b) clicking “I Agree” (or similar);
(c) accessing or using the Site or Services; or
(d) purchasing, funding, or using any plan, bandwidth package, or wallet balance.
If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind that entity, and “you” refers to that entity.
The following policies and documents (collectively, the “Policies”) are incorporated by reference into these Terms and are contractually binding as part of the agreement between you and the Company:
Privacy Policy
Acceptable Use Policy (AUP)
Service Level Agreement (SLA) (if applicable to your plan)
Refund Policy
KYC Policy
AML Policy
The Policies are made available on the Site (including the Site’s legal or policy pages). The Policies are incorporated as updated from time to time in accordance with Section 3 (Changes). You are responsible for reviewing the Policies. By accessing or using the Services, you agree to comply with the Policies.
The Policies and these Terms apply together. If there is a direct conflict between these Terms and a Policy, then solely with respect to the subject matter of that conflict the following will govern:
The AUP governs what uses of the Services are prohibited or permitted.
The Refund Policy governs refund eligibility and the method/timing of any refund, if any.
The SLA governs availability commitments and service credits (if any).
The Privacy Policy governs how we collect, use, and disclose personal data.
The KYC Policy and AML Policy govern identity verification, payment compliance, transaction monitoring, holds, limits, and related enforcement.
For clarity, the Company’s rights and remedies under these Terms (including monitoring, throttling, suspension/termination, forfeiture/withholding of balances to the extent permitted by law, cost recovery, setoff, indemnification, and limitations of liability) are cumulative and apply in addition to the Policies, and are not limited by the AUP or any other Policy unless a Policy expressly states otherwise.
Except as stated above, these Terms control.
We may update these Terms or any Policy from time to time (for example, to reflect changes in the Services, law, security requirements, risk controls, or business practices).
If we make material changes to these Terms or any Policy, we will provide notice by emailing the address associated with your account and/or by posting a prominent notice on the Site and/or dashboard. Unless stated otherwise, updates become effective on the date indicated in the updated Terms/Policy.
Your continued use of the Services after the effective date of updated Terms/Policies constitutes your acceptance of the updated Terms/Policies. If you do not agree, you must stop using the Services and may request account closure.
Any change by the Company to Section 16 (Dispute Resolution; Arbitration; Class Action Waiver) will apply only to Disputes that arise after the effective date of the change, unless applicable law requires otherwise. If a court or arbitrator determines that a change to Section 16 applies to a Dispute that arose before the effective date, then the version of Section 16 in effect when the Dispute arose will govern to the maximum extent permitted by law.
You must be at least eighteen (18) years old (or the age of majority in your jurisdiction, if higher) to use the Services.
You represent and warrant that you are not:
(a) located in, ordinarily resident in, or organized under the laws of any jurisdiction subject to comprehensive U.S. sanctions, embargoes, or similar trade restrictions;
(b) identified on any U.S. government restricted or denied-party list (including the SDN List); and
(c) using the Services for any prohibited end use.
You agree to comply with all applicable export control and sanctions laws and regulations. You are solely responsible for determining whether your use of the Services is permitted under applicable law.
You agree to provide accurate, current, and complete account information and to keep it updated. We may suspend or terminate accounts with inaccurate, misleading, or incomplete information.
You are responsible for maintaining the confidentiality and security of your login credentials (email/password) and any API keys, proxy credentials, tokens, or other access mechanisms (collectively, “Credentials”).
You are solely responsible for all activity occurring under your account and Credentials, whether authorized by you or not. You agree to notify us immediately at [email protected] of any unauthorized access or suspected compromise.
We reserve the right to request identity verification and related information at any time (including beneficial ownership information, where applicable) to comply with legal obligations, our Policies, or risk controls (“KYC”). Failure to provide requested KYC information may result in suspension, restrictions, or termination of your account.
KYC is governed by our KYC Policy, incorporated by reference.
You agree that we may take actions consistent with our AML Policy, including monitoring transactions, imposing holds or restrictions, refusing certain payments, or suspending/terminating Services where required by law or where we reasonably suspect fraud, money laundering, sanctions evasion, or other prohibited conduct.
We provide access to a network of proxy IP addresses (including Residential, Datacenter, and Mobile proxies) and related APIs, allowing you to route internet traffic through various IP addresses. The Services are sold primarily based on traffic consumption (bandwidth usage).
(a) Technical Intermediary. The Services provide general-purpose proxy routing at your direction. “Customer Traffic” means data transmitted through the Services by or on behalf of you (including any End Users).
(b) Operational Logs (Strictly Limited Metadata). You acknowledge and agree that, in order to provide the Services, meter usage, maintain network integrity, mitigate abuse, and comply with applicable law, we automatically create and maintain limited metadata logs (“Operational Logs”). Operational Logs for Customer Traffic are limited to the following data elements only:
(i) Source IP Address: the IP address from which you initiate a connection to our proxy servers;
(ii) Target Hostname Counters: the destination domain/hostname (e.g., example.com) and the number of connections established to that domain/hostname via the Services; and
(iii) Bandwidth Usage: bytes uploaded/downloaded, including daily and aggregate totals reflected in your dashboard.
For clarity, we do not log or store full URLs, URL paths, query strings, request/response headers, message contents, form fields, credentials, images, files, or other payload content of Customer Traffic.
(c) No Payload Inspection / No Persistent Content Storage. We do not inspect, read, or persistently store the payload of Customer Traffic. We do not perform deep packet inspection for the purpose of identifying or storing the contents of Customer Traffic.
(d) Automated Processing; No Duty to Monitor. Operational Logs are primarily generated and processed by automated systems for metering and security/abuse heuristics. We may (but are not obligated to) review Operational Logs and other account information to investigate suspected violations, respond to abuse complaints, comply with legal process, or protect the Services. Any such review is limited to metadata and does not create any duty to monitor, police, or pre-screen Customer Traffic. The retention of a destination hostname/domain in Operational Logs does not, by itself, constitute actual knowledge of the content available at that destination or of the legality of any specific Customer Traffic.
(e) No Anonymity Guarantee. The Services are not designed to provide anonymity. You understand that Customer Traffic may be attributable to you, including through the Operational Logs described above and disclosures permitted under these Terms and the Privacy Policy.
(a) Rotation. You acknowledge that IP addresses may rotate or change without notice due to network conditions, upstream provider changes, or operational requirements. (b) Reliance on Upstream Providers. You acknowledge that WATTENNE INTERNATIONAL LLC acts as a reseller and aggregator of proxy networks managed by third-party upstream providers. While we vet our providers, we do not physically own the devices (peers) in the Residential or Mobile pools. We rely on the representations and warranties of these upstream providers regarding the ethical acquisition and consent of their peers. (c) No Dedicated Ownership. Unless expressly stated in a written Enterprise Agreement, IP addresses are not dedicated to you and may be shared across customers over time.
We do not guarantee that the Services will be compatible with, or will successfully access, any specific website, application, platform, network, or service. Third parties may block, rate-limit, detect, restrict, or otherwise limit traffic originating from proxy, VPN, hosting, residential, mobile, or similar networks at any time.
Any such third-party action does not constitute a breach of these Terms and does not entitle you to any refund except as expressly provided in the Refund Policy (and, if applicable, the SLA).
Unless expressly stated in a written SLA applicable to your specific plan, we do not guarantee any particular:
(a) geolocation accuracy (continent/state/country/region/city);
(b) ISP/ASN;
(c) mobile carrier;
(d) latency, throughput, jitter, or packet loss;
(e) IP reputation;
(f) session duration/persistence; or
(g) availability of any specific IP address or subnet.
We may modify, update, discontinue, restrict, or remove any part of the Services (including proxy endpoints, IP pools, authentication methods, APIs, supported protocols, and available locations) at any time.
Where reasonably practicable, we will provide advance notice of material changes that adversely affect active paid plans. However, we may make changes without notice where required for security, legal, operational, or risk-control reasons.
The Services are sold based on bandwidth usage. We may offer one-time data packages or other plan structures displayed at checkout and/or in your dashboard (“Data Packages”).
Bandwidth usage reduces your available Data Package balance (or other applicable usage allocation) based on metered traffic.
Funds added to your dashboard balance constitute "Service Credits" and not a bank deposit. These credits are a closed-loop prepaid value usable solely for the exchange of WATTENNE INTERNATIONAL LLC Services. They have no monetary value outside of the WATTENNE INTERNATIONAL LLC platform, cannot be transferred to other users, and cannot be redeemed for fiat currency except as explicitly required by applicable consumer protection law.
You acknowledge and agree that:
Wallet Balance is not a bank account, stored-value account for personal remittances, or escrow account;
Wallet Balance is a prepaid account credit usable only to purchase Services;
Wallet Balance is non-transferable and may not be redeemed for cash except where required by law or expressly permitted in the Refund Policy;
Wallet Balance may be subject to KYC/AML checks, holds, limits, reversals, or restrictions under these Terms and the Policies.
If and to the extent applicable law requires redemption, refund, or remittance (including under unclaimed property/escheatment laws) of unused Service Credits or balances, we will comply.
If you believe there is a metering error, you must notify us at [email protected] within thirty (30) days after the usage is first reflected in the dashboard (or, if earlier, within thirty (30) days after the end of the billing/validity period in which the usage occurred). If you do not notify us within that period, you waive the claim to the extent permitted by law. We may investigate in our discretion and, if we confirm an error, we may correct the usage record.
(a) Configuration and Authorization. If you enable the “Auto Top-Up” feature in your dashboard, you explicitly authorize the Company to automatically charge your designated payment method (the “Stored Payment Method”) whenever your remaining bandwidth balance falls below the threshold you have configured (the “Threshold”). You acknowledge that these charges will occur automatically without further authorization or intervention from you for each transaction.
(b) Variable Frequency. You understand that the frequency of these charges depends entirely on your rate of bandwidth consumption. By enabling this feature, you accept that multiple charges may occur within a short period if your usage is high.
(c) Safety Cap and Responsibility. You are responsible for configuring the “Monthly Safety Cap” (maximum number of auto-purchases per 30-day period) to control your spend. The Company is not liable for any charges incurred up to the Safety Cap limit you have set. It is your sole responsibility to monitor your usage and disable Auto Top-Up if you no longer wish to purchase additional data.
(d) Payment Failures. If an Auto Top-Up charge fails (e.g., expired card, insufficient funds), we reserve the right to retry the transaction or immediately suspend Services until payment is secured. You remain liable for any bandwidth consumed in excess of your balance during the period between the Threshold breach and the suspension of Services.
(e) Cancellation. You may cancel or modify the Auto Top-Up configuration at any time via the dashboard. Changes are effective immediately for future triggers but do not apply to charges already in process or completed.
Expiration rules depend on the specific Data Package purchased and will be disclosed at checkout and/or in the dashboard. It is your responsibility to confirm the package type and expiration terms before purchasing.
Most Data Packages are valid for a fixed period beginning on the date of purchase (the “Validity Period”), such as 30 or 31 days, as shown at purchase.
Forfeiture: Any unused data remaining at the end of the Validity Period is non-refundable and will be forfeited.
No Rollover: Unused data does not roll over unless explicitly stated in a specific written offer or promotion.
Certain Data Packages or Wallet Balances may be sold with “No Set Expiration.” However, to reduce the burden and risk of maintaining inactive accounts, you agree to the following Dormancy Policy, to the maximum extent permitted by applicable law:
(a) Definition of Dormancy. An account is “Dormant” if, for a continuous period of twelve (12) months, there has been: (i) no bandwidth consumption; and (ii) no new purchase of funds/credits.
(b) Dormancy Action. If your account becomes Dormant, we may restrict or close the account and may treat remaining Wallet Balance, Service Credits, and Data Allocations as expired and remove them from the account.
(c) Legal Compliance / Unclaimed Property. Notwithstanding the foregoing, we will not apply expiration/forfeiture to the extent prohibited by law. Where applicable law requires us to maintain, refund, or remit (escheat) unused balances to a governmental authority, we may do so and may require completion of KYC/AML steps where permitted before releasing any balance to you.
(d) No Cash Value. Except as required by law or expressly permitted in the Refund Policy, Service Credits are non-refundable and not redeemable for cash.
Prices are displayed in U.S. Dollars (USD) unless otherwise stated. We may change pricing for future purchases at any time. The effective price per GB may vary depending on volume or promotional terms.
We accept payments through third-party processors, including Stripe (credit/debit card) and Crypto.com or similar gateways (cryptocurrency). By providing a payment method, you represent and warrant that you are authorized to use it.
You acknowledge that payment processing is handled by third parties under their terms and privacy practices, and we are not responsible for third-party processor outages or errors.
Cryptocurrency payments may be subject to blockchain confirmation delays, network fees, exchange-rate volatility, and other third-party factors outside our control. Unless required by law or expressly stated in the Refund Policy, crypto payments are generally treated as final once confirmed.
If you initiate a chargeback, payment reversal, or payment dispute, we may suspend or terminate your account and Services. We may also re-bill, recover amounts owed, and/or require additional verification to reinstate the account.
You agree to reimburse us for reasonable costs incurred in connection with chargebacks, reversals, or collection efforts caused by your breach or unauthorized payment activity.
Except as expressly provided in the Refund Policy, all sales are final. Bandwidth is a consumable digital good; once allocated to your account or consumed, it may not be refundable.
Prices exclude all applicable taxes, duties, levies, and similar governmental assessments unless stated otherwise. You are responsible for all applicable taxes associated with your purchase and use of the Services.
We may collect taxes where required by law, and you agree to provide any tax identification information reasonably requested to support tax treatment (e.g., VAT/GST ID).
Your use of the Services is governed by our Acceptable Use Policy (AUP), incorporated by reference. You agree to comply with the AUP at all times.
You agree to use the Services only in compliance with all applicable laws, regulations, and industry rules, and in a manner that does not infringe, misappropriate, or otherwise violate any third-party rights (including intellectual property, privacy, data protection, and contractual rights).
(a) No License to Access. The provision of proxy IP addresses by WATTENNE INTERNATIONAL LLC does not grant you a license, permission, or legal right to access any Third-Party Destination. You are solely responsible for obtaining such rights and respecting the Terms of Service and robots.txt policies of any website you access. (b) Platform Neutrality. WATTENNE INTERNATIONAL LLC provides general-purpose infrastructure. We do not provide specific scraping scripts, target lists, or decryption tools designed to target specific websites. (c) CFAA & Unauthorized Access. You represent and warrant that you will not use the Services to engage in conduct that violates the Computer Fraud and Abuse Act (CFAA) or similar laws regarding unauthorized access. You affirm that your use of the Services does not constitute "hacking," "credential stuffing," or "unauthorized intrusion." (d) Residential Proxy/Peer Disclosure. If you use Residential or Mobile proxies, you acknowledge these IP addresses belong to real devices (Peers). You agree strictly to avoid high-concurrency scraping or heavy bandwidth usage that could degrade the Peer’s internet experience or result in ISP termination of the Peer's service.
Without limiting the AUP, you agree not to use the Services for:
Illegal activities (any violation of local, state, national, or international law or regulation);
Harmful activities (including DDoS, malware distribution, hacking, credential stuffing, phishing, fraud, or abuse);
Network abuse (disrupting, interfering with, or placing an undue burden on the Services or third-party networks); or
Unauthorized access / circumvention, including bypassing paywalls, authentication requirements, access controls, bot protections, CAPTCHAs, rate limits, or other technical measures implemented by third parties, except to the extent you have the lawful right and authorization to do so.
We may implement technical and operational measures to protect the Services, the Company, our upstream providers, and third parties, and to enforce these Terms and the Policies. These measures may include blocking or restricting specific destination hostnames/domains or destinations, IP ranges, ports, protocols, or regions; imposing connection/concurrency limits; applying rate limits or throttling; limiting bandwidth; or suspending/terminating accounts.
These measures may be based on Operational Logs, aggregated usage metrics, abuse complaints, and real-time network signals. We do not need to inspect payload content to apply these controls, and nothing in these Terms obligates us to monitor Customer Traffic for illegal conduct. Our decision to take or not take enforcement action in any particular instance does not waive any right or remedy.
We may investigate suspected violations and may disclose information related to your account, payments, and use of the Services to: (a) comply with applicable law, regulation, legal process, or governmental request; (b) enforce these Terms and Policies; (c) respond to claims that content or activity violates third-party rights; or (d) protect the rights, property, or safety of the Company, our users, upstream providers, or the public.
If you resell, sub-license, or share access to the Services with third parties ("End Users"), you do so at your own risk. You agree to the following: (a) Strict Liability. You are fully liable for all activity occurring under your account, regardless of whether that activity was initiated by you or your End User. A breach of these Terms or the AUP by your End User is legally deemed a breach by you. (b) Indemnification Bridge. You expressly agree that your indemnification obligations in Section 15 cover all claims, fines, or damages arising from your End Users' activity. The Company reserves the right to hold you financially responsible for any harm caused by your End Users. (c) Flow-Down Requirements. You represent and warrant that you have a binding written agreement with your End Users that is at least as restrictive as these Terms and our AUP. (d) No Direct Relationship. The Company has no contractual relationship with your End Users. You are the sole counterparty to these Terms and the sole entity responsible for payment and compliance.
(a) Target Data Responsibility. Regarding any data, content, or information you access, scrape, collect, store, transmit, or otherwise obtain using the Services (“Target Data”), you (and/or your End Users) determine the purposes and means of processing Target Data and are solely responsible for: (i) compliance with applicable data protection, privacy, consumer protection, and cybersecurity laws; (ii) providing required notices; (iii) establishing a lawful basis (including consent where required); and (iv) complying with the applicable terms, robots directives, and access rules of the Third‑Party Destination.
(b) Company Role; Privacy Policy Controls. The Company provides technical infrastructure to transmit Customer Traffic at Customer’s direction and processes personal data it receives in connection with account creation, authentication, billing, security, abuse prevention, and legal compliance in accordance with the Privacy Policy (and, if applicable, a separately executed data processing addendum, if offered by the Company). The Company may act as an independent controller with respect to certain operational and security logs (including Traffic Metadata) used for fraud prevention, network integrity, compliance, and billing.
(c) No Ownership of Target Data. The Company does not claim ownership of Target Data and does not use Target Data for its own purposes other than providing, securing, and enforcing the Services as described in these Terms and the Privacy Policy.
(d) High‑Risk / Regulated Data. Unless expressly agreed in writing by the Company, you will not use the Services to transmit, collect, store, or process: (i) Protected Health Information regulated by HIPAA; (ii) payment card data subject to PCI‑DSS; (iii) children’s personal data subject to specialized protections; or (iv) any other highly regulated data where use of a proxy service is prohibited or requires specialized contractual safeguards. If you do so, you do it at your own risk and you remain solely responsible.
The Site and Services are owned and operated by WATTENNE INTERNATIONAL LLC. All intellectual property rights in and to the Services (including underlying software, source code, APIs, databases, architecture, and user interface) are owned by the Company or its licensors.
Subject to these Terms and the Policies, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business or personal purposes.
Except as expressly permitted by law, you may not:
(a) reverse engineer, decompile, or disassemble the Services;
(b) copy, modify, or create derivative works of the Services;
(c) interfere with or bypass security features or access controls; or
(d) use the Services in a way that violates the AUP or applicable law.
We may suspend, restrict, or terminate your access to the Services immediately, with or without notice, if we reasonably determine that:
you breached these Terms or any Policy (including the AUP);
you failed or refused to complete KYC/AML checks;
your payment is reversed, disputed, charged back, or suspected to be fraudulent;
your use creates a security, legal, or operational risk; or
we are required to do so by law, court order, regulator, or upstream provider.
(a) Balances Upon Termination/Suspension for Cause. Upon suspension or termination for cause, we may immediately restrict access to the Services. To the maximum extent permitted by applicable law, any unused Wallet Balance, Service Credits, and Data Packages may be withheld, revoked, and/or forfeited, and you remain responsible for charges incurred prior to the effective time of suspension/termination. No refund is owed for termination/suspension for cause unless the Refund Policy expressly provides otherwise.
(b) Abuse Handling Fee; Third‑Party Charges. You acknowledge that abuse handling (including investigating complaints, mitigating harmful traffic patterns, responding to upstream providers, and protecting IP reputation) imposes administrative costs that are difficult to quantify precisely. Accordingly, if we reasonably determine that your use of the Services caused or materially contributed to an Abuse Incident, you agree to pay an abuse handling fee of $250 USD per Abuse Incident (a reasonable estimate of our minimum administrative cost), plus any third‑party fees, penalties, or charges we incur as a result (including fees assessed by upstream providers or delisting/blacklist operators, if any). For purposes of this Section, an “Abuse Incident” means a substantiated third‑party abuse complaint, blacklist listing/delisting event, upstream provider notice, law‑enforcement/regulatory inquiry, or similar event requiring investigation or mitigation and reasonably attributable to your account or Customer Traffic.
(c) Setoff; Collection. You authorize us to deduct any amounts owed under this Section from your Wallet Balance and Service Credits to the maximum extent permitted by law. If insufficient, you agree to pay the remaining amounts upon invoice, and we may pursue any other remedies available under these Terms, the Policies, or applicable law.
You may stop using the Services at any time. If you wish to close your account, you may contact [email protected]. Account closure does not entitle you to a refund except as provided in the Refund Policy.
All provisions that by their nature should survive termination will survive, including intellectual property provisions, disclaimers, limitations of liability, indemnification, dispute resolution, and payment obligations.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:
(A) THE SERVICES WILL MEET YOUR REQUIREMENTS;
(B) THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
(C) ANY IP ADDRESSES PROVIDED WILL NOT BE BLOCKED OR FLAGGED BY THIRD PARTIES; OR
(D) YOUR USE OF THE SERVICES WITH ANY THIRD-PARTY DESTINATION WILL BE LAWFUL OR PERMITTED UNDER THAT THIRD PARTY’S TERMS.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you to the extent prohibited by law.
THIS SECTION LIMITS THE LIABILITY OF WATTENNE INTERNATIONAL LLC AND ITS OWNERS. PLEASE READ CAREFULLY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THE SITE, SERVICES, OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO US DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
To the extent an SLA applies to your plan, any service credits or remedies offered under the SLA are your sole and exclusive remedy for SLA-covered availability issues, subject to the SLA terms and conditions.
Nothing in these Terms excludes or limits liability to the extent such liability cannot be excluded or limited under applicable law (for example, liability for fraud or willful misconduct where non-waivable).
You agree to defend, indemnify, and hold harmless the Company, its affiliates, and its and their respective members, officers, employees, and agents (each, an “Indemnified Party”) from and against any and all claims, demands, actions, investigations, damages, losses, liabilities, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
(a) your access to or use of the Services (including all Customer Traffic);
(b) your violation of these Terms or any Policy (including the AUP);
(c) your violation of any law or regulation;
(d) your violation of any third-party right, including intellectual property, privacy, data protection, or contractual rights;
(e) your scraping, crawling, automation, monitoring, or other interactions with Third-Party Destinations, including alleged breaches of those Third-Party Destination terms or alleged unauthorized access/circumvention;
(f) any allegation that the Company facilitated, enabled, or participated in your unlawful or prohibited conduct; or
(g) any payment dispute, chargeback, fraud, or unauthorized payment activity attributable to you.
(h) any regulatory fine, penalty, assessment, or levy imposed on an Indemnified Party to the extent arising out of or relating to your (or your End Users’) breach of these Terms/Policies or unlawful misuse of the Services, and to the extent such amounts may be lawfully shifted to you; provided, however, this subsection (h) will not apply to the extent a court of competent jurisdiction finally determines such amounts resulted from an Indemnified Party’s fraud or willful misconduct.
(i) any claim that your use of the Services violated the Computer Fraud and Abuse Act (CFAA), the DMCA, or any state trespass to chattels law, specifically regarding the unauthorized access to or collection of data from third-party servers.
The Company will provide notice of an indemnified claim when reasonably practicable. Failure to provide prompt notice will not relieve you of your indemnity obligations except to the extent you are materially prejudiced by the delay.
The Company may, at its option, participate in the defense with counsel of its choosing at its own expense. You may not settle any claim in a manner that imposes any liability, admission, obligation, or restriction on an Indemnified Party without the Company’s prior written consent.
These Terms are governed by the internal laws of the State of Wyoming, USA, without regard to conflict of law principles.
“Dispute” means any dispute, claim, or controversy between you and the Company arising out of or relating to: (a) these Terms or the Policies; (b) the Site or Services; (c) any purchase, billing, refunds, credits, chargebacks, or payments; (d) marketing or communications; or (e) any other interaction between you and the Company, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.
Before initiating arbitration or a court proceeding, you agree to attempt to resolve the Dispute informally by contacting [email protected] with (i) your account email, (ii) a description of the issue, and (iii) the relief you seek. If the Dispute is not resolved within thirty (30) days after the notice is received, either party may proceed as set forth below.
Either party may bring an individual action in small claims court if the claim qualifies and remains in that court, in the county (or equivalent) where you reside or are located, or in Sheridan County, Wyoming, USA.
Except as set forth in Sections 16.4 and 16.8, and except where prohibited by applicable law, any Dispute not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”).
Rules: If you are an individual using the Services primarily for personal purposes, the AAA Consumer Arbitration Rules will apply. Otherwise, the AAA Commercial Arbitration Rules will apply.
If the AAA is unavailable, unwilling, or declines to administer an arbitration consistent with this agreement, the arbitration will instead be administered by JAMS under the JAMS rules applicable to the parties (consumer or commercial, as applicable). If both AAA and JAMS are unavailable or decline, the parties will reasonably cooperate to select a substitute administrator, and if they cannot agree, a court of competent jurisdiction may appoint one. The parties’ agreement to arbitrate remains in effect.
The seat of arbitration will be Sheridan, Wyoming, USA, unless the AAA rules require otherwise. The parties agree that, to the maximum extent permitted by the AAA rules, arbitration may be conducted remotely by video conference, telephone, or written submissions to reduce burden and cost.
The arbitrator (not any court) will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of it is void or voidable.
Either party may seek temporary or preliminary injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration, including to protect its intellectual property, confidential information, or to address unauthorized access or security threats. The Company may also seek injunctive or equitable relief to prevent misuse of the Services and enforce access restrictions. Seeking such relief does not waive arbitration.
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
To increase efficiency and reduce the burden of mass arbitration filings, if twenty-five (25) or more similar arbitration demands are submitted against the Company by or with the assistance of the same law firm or organization (or are otherwise coordinated), the parties agree that:
(a) the demands will be administered in batches of up to 25 demands per batch;
(b) the AAA will (to the extent permitted by its rules) proceed with one batch at a time, and the remaining demands will be held in abeyance pending resolution of earlier batches; and
(c) any applicable statute of limitations will be tolled for demands held in abeyance from the date the initial demands are submitted to the AAA.
If a court determines this Section 16.10 is unenforceable, it will be severed and the remainder of Section 16 will remain in effect.
If any portion of this Section 16 is found unenforceable, the unenforceable portion will be severed to the minimum extent necessary, and the remainder will remain in full force and effect.
These Terms, together with the Policies incorporated by reference, constitute the entire agreement between you and the Company regarding the Site and Services, and supersede all prior or contemporaneous understandings.
If any provision of these Terms is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms, at our sole discretion, without restriction.
We are not liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, war, strikes, internet service provider failures, upstream provider failures, or government orders.
We may provide notices to you via email to the address associated with your account, via the dashboard, or by posting on the Site. Notices are deemed received when sent (email) or when posted (Site/dashboard), as applicable.
To the maximum extent permitted by applicable law, any claim or cause of action arising out of or relating to the Site, Services, or these Terms must be filed within one (1) year after the claim accrued; otherwise, the claim is permanently barred.
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