Terms of Use

These Terms of Use (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.

1. Acceptance of Terms; Electronic Agreement

You agree to these Terms when they are presented with reasonably clear notice and you take an action identified as agreement, including:

• (a) creating an account;

• (b) clicking “I Agree” (or similar);

• (c) purchasing, funding, or using any plan, bandwidth package, or wallet balance.

Browsing the public Site alone does not establish acceptance of this customer agreement. Account creation, a purchase, or use does not replace any express agreement required by law. Revisions affecting existing customers are subject to Section 3.

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.

2. Incorporated Policies (Binding); Order of Interpretation

2.1 Policies Incorporated by Reference (Binding)

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)

• Refund Policy

• KYC Policy

• AML Policy

• IP / Copyright Complaints Policy

• Law Enforcement Guidelines

The Policies are available through the links above and incorporated subject to the agreement and notice requirements in Sections 1 and 3. You must comply with the version applicable to your customer relationship; merely changing a linked page does not apply revised obligations retroactively.

2.2 Conflicts; Subject-Matter Priority; Cumulative Remedies

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 support response targets. It does not provide an uptime guarantee or SLA credits. The service-change credit in Section 6.6 is separate.

• 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.

• The IP / Copyright Complaints Policy governs our IP complaint process. The Law Enforcement Guidelines explain official-request intake and handling, subject to the Privacy Policy and applicable law; they do not bind authorities or expand their legal powers.

Contractual remedies may apply together, subject to their stated conditions, the subject-matter priorities above and applicable law. They do not permit double recovery, override an amount owed under the Refund Policy or Section 12.2, or expand processing or disclosure permissions under the Privacy Policy.

Except as stated above, these Terms control.

3. Changes to Terms and Policies

3.1 Changes to Terms or Policies

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).

We publish the current Terms and Policies at databay.com/legal and update the date shown on each revised page. You should review these pages periodically. This does not replace any notice or agreement required under this Section or applicable law.

For material changes affecting existing customers, we will give notice by email to your account address at least fourteen (14) days before the changes take effect, or longer where required by law. Notice will describe the changes, link to the revised text, and state the effective date. We may also provide a prominent account/dashboard notice and will use any additional delivery method required by applicable law or the agreement then in force. Merely replacing a page on the public Site is not notice of a material change. Non-material changes that do not reduce your rights or increase your obligations may take effect when published. A page's “Updated” date identifies its revision date; it does not override these notice requirements or establish that revised obligations already apply to an existing customer.

To the extent permitted by applicable law, your continued use of the Services after receiving the required notice and after the effective date constitutes acceptance of the revised Terms/Policies. Where express agreement or consent is required, we will obtain it separately; continued use alone is not a substitute. Changes apply prospectively and do not retroactively remove accrued rights or authorize new uses or disclosures of previously collected personal data contrary to the commitments applicable to that data. This Section does not replace any notice or consent required for automatic payments. If you do not agree, you may stop using the Services and request account closure, subject to any non-waivable rights.

3.2 Changes to Dispute Resolution; No Retroactive Application

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.

4. Eligibility; Sanctions; Export Controls

4.1 Age and Capacity

You must be at least eighteen (18) years old (or the age of majority in your jurisdiction, if higher) to use the Services.

4.2 Sanctions and Restricted Persons

You represent and warrant that supplying the Services to you or your End Users, and your use of them, does not violate applicable sanctions or export restrictions, including relevant person-based, territorial, ownership, end-user and end-use restrictions. You must not use another person, location, payment method or account to evade a restriction.

The KYC Policy also lists company eligibility exclusions, which may be stricter than legal prohibitions. Those exclusions remain applicable; a listed country is not necessarily subject to a comprehensive U.S. embargo. Applicable sanctions programs, ownership rules, exceptions and licenses must be assessed for the relevant transaction. A legal authorization does not itself require us or a payment provider to offer service.

4.3 Export Controls

You must comply with sanctions and export-control laws applicable to your activity and provide reasonably requested information needed to assess lawful service. The Company remains responsible for its own legal obligations. Neither this allocation nor use of a payment provider establishes a sanctions exemption or an export classification.

4.4 U.S. Billing Addresses

Customers with a billing address in the United States are not eligible to purchase the Services. You must provide accurate billing information and must not use a false or third-party billing address to circumvent this eligibility restriction.

5. Account Registration; Security; KYC/AML Compliance

5.1 Account Information

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.

5.2 Credential and API Key Security

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, except to the extent the activity results from the Company's failure to maintain reasonable security of its own systems. You agree to notify us immediately at support@databay.com of any unauthorized access or suspected compromise.

5.3 KYC Verification

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.

5.4 AML Compliance; Transaction Monitoring; Holds

Credit card transaction monitoring is performed by Stripe and cryptocurrency transaction monitoring by Confirmo, under their respective services and policies. Databay may review provider alerts and available account information and take actions consistent with our AML Policy, including further verification, holds or restrictions, refusal of payments, or suspension/termination where required by law or justified by suspected fraud, money laundering, sanctions evasion, or other prohibited conduct. Payment-provider checks do not replace Databay's own obligations under applicable law.

6. Provision of Services

6.1 Service Description

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).

6.2 Technical Intermediary; Traffic & Limited Metadata Logging

(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, as defined in Section 10.7).

(b) Operational Logs. Company-operated systems create account-associated metadata for routing, metering, network security and abuse review (“Operational Logs”). The request-log categories are:

• (i) Source IP Address: the IP address from which you initiate a connection to our proxy servers;

• (ii) Destination Counters: destination domains/hostnames or directly addressed destination IPs and connection counts; 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. This Section describes systems the Company operates; Customer Traffic also transits third-party network infrastructure that the Company does not operate.

These records are associated with an account and reporting period; account/proxy-user and Company gateway identifiers also support metering and connection-count statistics. The production gateway's request logs do not record the final exit proxy IP used by the customer or a per-connection mapping to that exit IP. Domain counters and reporting periods are not a complete connection history, and we cannot promise attribution of every reported incident. The Privacy Policy separately addresses dashboard/authentication logs, billing records, verification references, support and abuse-case information, partner processing and retention. Those categories are not proxy payload logs.

(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; Review. Operational records support metering and network operation. We may review available metadata and relevant account or complaint information to assess credible misuse, respond to lawful process and protect the Services. This does not authorize payload inspection or create a general contractual obligation to monitor Customer Traffic. It does not excuse a duty imposed by applicable law or justify ignoring credible evidence. A stored destination identifier alone does not establish the content or legality of a customer's activity.

(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.

6.3 IP Rotation, Sourcing, and Dynamic Availability

(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 Third-Party Networks. You acknowledge that the Services route Customer Traffic across third-party network infrastructure and partner networks. We do not physically own the devices (peers) in the Residential or Mobile pools, and we rely on the representations and warranties of our network partners 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.

6.4 No Guarantee of Access or Compatibility with Third Parties

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.

A third-party restriction alone is not a defect in our routing service. Refund eligibility is governed by the Refund Policy and non-waivable law, including remedies for any separate failure to supply the Services as agreed.

6.5 No Guarantee of Geolocation, ISP/ASN, Quality, or Persistence

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.

6.6 Service Modifications

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. If a change materially reduces the core functionality of a Data Package during its paid Validity Period, we will provide a pro-rata Service Credit for the unused portion.

This service-change credit is separate from the support-response SLA, which offers no uptime or response-time credits. Neither provision replaces refunds or other remedies owed under the Refund Policy or non-waivable law. A service change does not dispense with Section 3 when the agreement itself changes.

7. Bandwidth, Wallet Balance, Data Packages, and Metering

7.1 Data Packages; Consumption Model

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.

7.2 Wallet Balance (Closed-Loop Credits)

Funds added to your dashboard balance constitute "Service Credits" and not a bank deposit. These credits are prepaid value usable solely to purchase WATTENNE INTERNATIONAL LLC Services. They cannot be transferred to other users or used for third-party payments. Redemption and return of balances are limited to the circumstances expressly provided in these Terms, the Refund Policy or applicable law; describing the balance as service credit does not remove those obligations.

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.

7.3 Traffic Calculation and Metering

If you believe there is a metering error, you must notify us at support@databay.com 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 will correct the usage record and restore any affected balance.

7.4 Automatic Top-Up Feature

(a) Auto-Refilling Subscriptions and One-Time Purchases. Auto Top-Up is an arrangement for repeated automatic purchases of a configured Data Package using your stored payment method. Eligible credit-card checkouts offer an auto-refilling subscription with renewal selected initially; the checkout identifies the purchase type and allows you to turn renewal off. Other payment methods and checkouts with renewal turned off make a one-time purchase. Completing a checkout with renewal selected requests the automatic purchases described in that checkout, subject to applicable consent requirements. You can also configure Auto Top-Up in the dashboard. Turning renewal off for a new checkout does not cancel an existing subscription; manage existing subscriptions in Subscriptions.

(b) Triggers and Frequency. The applicable offer and configuration identify the package, quantity and available-data threshold. Available data excludes expired allocations. Where the offered trigger includes usage or expiry, an automatic purchase may occur when the available balance falls below the threshold because data was used or expired, including while you are offline or not using the proxies. Newly purchased data has its own validity period and may itself expire and trigger another purchase. Purchases continue while the subscription is enabled, subject to its limits; there is no fixed monthly billing date. High usage can cause several purchases within a short period.

(c) Prices, Limits and Receipts. Checkout identifies the first-refill price, any promotion, the price of following refills and applicable tax treatment. An introductory discount applies only as described in the offer, and a coupon for today's purchase does not automatically apply to future refills. New checkout subscriptions use the displayed defaults, including a threshold of 10% of the purchased data and up to three automatic purchases per calendar month (UTC), unless another configuration is expressly shown. Limits apply separately to each proxy user and network; a purchase-count limit is not an account-wide monetary spending cap. You can review and change supported settings in Subscriptions. We send a receipt for each completed automatic purchase. An advance warning is an estimate or expiry notice, not a guarantee of a particular charge time or uninterrupted service.

(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 turn off or manage Auto Top-Up at any time through Subscriptions in the dashboard, including the settings for each proxy user. Turning it off stops new automatic purchases. A payment already in progress may still complete. Cancellation of future purchases does not itself refund a completed purchase or extend a Data Package's validity; the Refund Policy and any applicable statutory rights continue to apply.

8. Data Packages and Expiration

8.1 Plan Terms Shown at Purchase Control

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.

8.2 Standard Data Plans (With Expiration)

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.

8.3 Extended Validity; Expiration on Dormancy

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. Remaining Wallet Balance, Service Credits, and unused Data Allocations sold with “No Set Expiration” are preserved and may be reclaimed by contacting support and completing identity re-verification where permitted; where applicable law requires, we will instead refund or remit (escheat) unused balances.

• (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.

9. Fees, Payments, and Taxes

9.1 Pricing

Prices are displayed in U.S. Dollars (USD) unless otherwise stated. We may change pricing for future purchases, subject to any notice or consent required by law for automatic charges. The effective price per GB may vary depending on volume or promotional terms.

9.2 Payment Methods; Payment Processors

We accept payments through third-party processors, including Stripe (credit/debit card) and Confirmo 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. As between the parties, we are not liable for processor outages or errors, provided that we will reasonably assist you in resolving payment issues.

This allocation does not excuse our express obligations to refund, credit or return amounts owed, our responsibility for our own acts, or liability that cannot lawfully be excluded.

9.3 Crypto Payments

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.

9.4 Chargebacks, Payment Disputes, and Fraud

We may restrict affected paid Services while reviewing a payment dispute where reasonably necessary to prevent further disputed charges, unpaid use or substantiated fraud. Exercising a good-faith payment-dispute right is not itself fraud or an AUP breach. We may recover amounts actually owed or request reasonable verification, subject to payment-network rules and applicable law; we will not recover the same amount twice.

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.

9.5 Refunds

Except as provided in the Refund Policy or required by applicable law, sales are final. Proxy bandwidth purchases provide access to routing services. Allocation of a data balance or delivery of credentials alone does not remove a statutory withdrawal right. Where you expressly request immediate performance and make the required acknowledgment, withdrawal rights end upon full performance to the extent permitted by applicable law.

9.6 Taxes

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).

10. Acceptable Use; Compliance; Third-Party Destinations; Scraping and Automation

10.1 Acceptable Use Policy (AUP)

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.

10.2 Compliance with Laws and Third-Party Rights

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).

10.3 Third-Party Destinations; Scraping & Automation Liability

(a) Lawful Authority. A proxy IP grants no license, consent or authority to access a third-party computer, account, website, application or network (a “Third-Party Destination”). You must establish and maintain the authority, permissions and lawful basis required for your activity and comply with the target-access restrictions in the AUP.

(b) General-Purpose Routing. The Services provide general-purpose network routing. Their availability and our technical assistance do not authorize unlawful conduct or establish that a particular use is permitted by a target.

(c) Access Controls and Credentials. You warrant that you and your End Users will not unlawfully access a target, bypass authentication or technical access controls without lawful authority, use unlawfully obtained credentials, cookies, tokens or session identifiers, or continue access after knowing that required authority has been withdrawn. Contractual restrictions, including target terms and robots directives addressed in the AUP, are distinct from criminal prohibitions; a breach of those restrictions is not necessarily a CFAA offense. Lawfully authorized automation and security testing must also comply with the AUP.

(d) Residential and Mobile Peers. You must not use concurrency or bandwidth in a manner that materially disrupts a peer's network or service.

10.4 Prohibited Conduct (Summary; Non-Exhaustive)

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.

10.5 Monitoring, Enforcement, and Technical Controls

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.

10.6 Investigations; Cooperation; Disclosures

We may investigate suspected violations and, where required or permitted by applicable law, disclose information related to your account, payments, and use of the Services to: (a) comply with applicable law, regulation, or valid legal process, or respond to a lawful governmental request; (b) enforce these Terms and Policies; (c) respond to claims that activity violates third-party rights; or (d) protect the rights, property, or safety of the Company, our users, upstream providers, or the public. Disclosures and any user notification are subject to the Privacy Policy, Section 5.

Receiving an official inquiry does not, by itself, automatically suspend or terminate the affected account. We may maintain an account while responding to a lawful preservation or investigation request. This does not limit our rights under Section 12 to address abuse, payment issues, security risks, or legal obligations.

We assess the requesting authority, applicable process, scope and records actually held as described in the Law Enforcement Guidelines. These Terms are not independent permission to disclose information where communications-privacy, data-protection or international-transfer law prohibits disclosure.

You must reasonably cooperate with an investigation of credible suspected misuse, including providing a use-case explanation and available evidence of authorization in response to a proportionate request. We will allow a reasonable response period in light of the risk and may restrict the affected destination, credentials or account while investigating credible allegations. An allegation alone is not a finding of breach. Requests for personal information must be lawful and limited to what is relevant; this clause does not require you to retain proxy payload or disclose privileged material. You may explain an inability to provide requested information and propose appropriate alternatives.

10.7 Commercial Reselling and Sub-Licensing

If you resell, sub-license or share access with third parties (“End Users”), you remain our contractual counterparty for payment and for their compliance with these Terms and the AUP, subject to Section 5.2 and non-waivable law. You must bind End Users to written lawful-use and enforcement restrictions at least as protective as the applicable restrictions here and in the AUP, communicate relevant updates, and take reasonable steps to address their substantiated misuse.

You must be able to explain how downstream access is assigned and use reasonable account or credential attribution measures appropriate to your resale model. On a lawful, reasonably scoped request under Section 10.6, cooperate using available relevant assignment information to help identify and restrict affected access. This does not require payload retention, a new fixed retention period or unrestricted disclosure of End Users' personal data. Section 15 applies to covered End User conduct on its stated terms; resale does not make you responsible for the Company's own wrongdoing. Nothing here creates a separate service contract between the Company and an End User.

10.8 Data Protection Allocation (Target Data; Customer Traffic)

• (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. The Company may act as an independent controller with respect to certain operational and security logs (including Operational Logs) used for fraud prevention, network integrity, compliance, and billing.

• (c) No Ownership of Target Data. The Company does not claim ownership of Target Data. Section 6.2 governs proxy payload and metadata; this allocation of customer responsibilities does not authorize additional content inspection, storage or use.

• (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.

11. Intellectual Property Rights

11.1 Ownership

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.

11.2 License to Use

Subject to these Terms and the Policies, we grant you a limited, non-exclusive, revocable license to access and use the Services for your internal business or personal purposes, or to provide downstream access in accordance with Section 10.7. This does not transfer ownership of the Services.

11.3 Restrictions

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.

12. Suspension and Termination

12.1 Suspension or Termination by Company

Subject to the notice, response-period and review safeguards in the KYC Policy, Section 9.4 and the Refund Policy, we may suspend, restrict or terminate affected access when reasonably justified by the evidence and risk. Immediate action without notice may be taken where necessary to address urgent harm or comply with law. Grounds include:

• you breached these Terms or any Policy (including the AUP);

• you failed or refused to complete a lawful, proportionate verification request within the applicable response period, or continued access would violate a mandatory restriction;

• a reversed or disputed payment creates an unpaid-service or substantiated fraud risk that warrants action under Section 9.4; a good-faith dispute alone is not misconduct;

• your use creates a security, legal, or operational risk; or

• we are required to do so by law, court order, regulator, or upstream provider.

12.2 Effect of Termination; Balances; Abuse Handling Costs

(a) Balances Upon Termination/Suspension for Cause. We may restrict access under Section 12.1 and temporarily hold only the portion of unused Wallet Balance, Service Credits or Data Packages reasonably needed to investigate a substantiated payment or abuse risk or secure amounts reasonably in dispute. We will explain the basis and amount unless disclosure is legally restricted, review the need for the hold, and release it when the reason ends. An investigation hold may last no more than ninety (90) days, unless a specific legal obligation requires otherwise; mandatory refund deadlines still apply. Receipt of an official inquiry alone is not a basis for forfeiture or a contractual balance hold. We may set off only amounts actually owed under these Terms and will return the unused remainder on termination, except to the extent return is prohibited by law or must be directed to a lawful claimant. Fraud allegations do not create an automatic forfeiture. Charges lawfully incurred before termination remain payable.

(b) Abuse Handling Costs; Third-Party Charges. An “Abuse Incident” is a substantiated violation of these Terms or the AUP attributable to you or your End Users that causes reasonable investigation or mitigation costs. A complaint, blacklist entry, upstream notice or law-enforcement inquiry alone does not establish a violation. For an Abuse Incident, we may recover documented, reasonable internal investigation, preservation and mitigation costs actually incurred, up to $250 USD per incident, together with reasonable, documented third-party remediation charges actually incurred and attributable to that violation. The $250 amount is a ceiling, not an automatic fee, penalty or presumed minimum loss. Related reports concerning the same conduct will not be multiplied into separate fees for the same work. This provision does not shift governmental fines or penalties, costs caused by our own breach, negligence or unlawful conduct, or amounts that cannot lawfully be charged to you.

(c) Notice, Disputes and Setoff. Before assessment or setoff, we will give written notice of the substantiated conduct, an appropriate summary of supporting evidence, and an itemization of the costs, subject to lawful confidentiality restrictions and others' privacy. You may dispute the basis or amount at support@databay.com and provide contrary evidence. We will consider that response before finalizing a contested assessment; the temporary hold limits above continue to apply. Any lawful deduction must correspond to an amount actually owed. If the balance is insufficient, we may invoice that amount subject to Section 16. Recovery under this Section, Section 15 or any other remedy cannot duplicate a recovery for the same loss.

12.3 Termination by Customer

You may stop using the Services at any time. If you wish to close your account, you may contact support@databay.com. Account closure does not entitle you to a refund except as provided in the Refund Policy.

12.4 Survival

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.

13. Disclaimer of Warranties

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.

These disclaimers do not remove express obligations under these Terms or the Policies, statutory service-quality or consumer remedies, or other warranties that applicable law does not permit us to exclude.

14. Limitation of Liability

THIS SECTION LIMITS THE LIABILITY OF WATTENNE INTERNATIONAL LLC AND ITS OWNERS. PLEASE READ CAREFULLY.

14.1 Exclusion of Indirect Damages

SUBJECT TO SECTION 14.4, THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES AND AGENTS (THE “PROTECTED PARTIES”) WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, BUSINESS OR GOODWILL TO THE EXTENT SUCH LOSS IS INDIRECT OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE SITE, SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 Aggregate Liability Cap

SUBJECT TO SECTION 14.4, THE PROTECTED PARTIES' COMBINED TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO US DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, (B) YOUR UNUSED PREPAID BALANCE AT THAT TIME, AND (C) ONE HUNDRED U.S. DOLLARS ($100). THIS IS ONE COMBINED CAP, NOT A SEPARATE CAP FOR EACH PROTECTED PARTY.

Sections 14.1 and 14.2 apply across theories of liability, including contract, tort and statute, and even if a limited remedy fails of its essential purpose, only to the extent applicable law permits and subject to Section 14.4. Refunds, credits and return of balances actually owed under these Terms, the Policies or non-waivable law are payment or performance obligations outside these damages limitations. They are not reduced by, counted against or discharged by exhaustion of the cap. Including unused balance in the cap calculation does not replace or limit its return where owed.

14.3 SLA Remedies (If Applicable)

The published SLA concerns support response targets; it does not guarantee network availability or provide SLA credits. Section 6.6 service-change credits and Refund Policy remedies remain available on their stated terms. A separately agreed written enterprise SLA may provide additional commitments, subject to Section 14.4.

14.4 Non-Excludable Liability

Nothing in Sections 13–15 or elsewhere in these Terms excludes or limits liability or remedies that applicable law does not permit the parties to exclude or limit, including applicable consumer protections and liability for fraud, willful misconduct, or death or personal injury caused by negligence where non-waivable. These Terms allocate rights between the contracting parties; they do not bind governments or unrelated third parties or excuse the Company's or an individual's independent legal duties.

15. Indemnification

15.1 Customer Indemnity

To the extent permitted by applicable law, you will defend and indemnify the Protected Parties defined in Section 14.1 (each an “Indemnified Party”) against third-party claims and proceedings to the extent caused by your or your End Users' breach of these Terms, unlawful use of the Services, infringement of third-party rights, or attributable fraudulent or unauthorized payment activity. Covered matters may include:

• claims concerning unauthorized access, unlawful interception, fraud, malicious traffic, privacy violations or intellectual-property infringement;

• claims concerning scraping or automation that allege facts constituting a covered breach or unlawful use, including applicable computer-access, copyright or trespass law; and

• claims alleging that an Indemnified Party facilitated that customer or End User conduct, subject to the same causation requirements and exclusions.

Recoverable amounts are damages finally awarded, settlements approved under Section 15.2, and reasonable defense, technical investigation and preservation costs actually incurred in a covered matter. First-party abuse-response costs and attributable upstream remediation charges are governed by Section 12.2, including its substantiation, notice and no-double-recovery safeguards. Receipt of a subpoena, official inquiry or complaint alone does not establish that you owe reimbursement.

This indemnity does not cover an Indemnified Party's own breach of contract, negligence, fraud, willful misconduct or violation of law, to the extent that conduct caused the loss. It does not transfer governmental fines or penalties or liability that cannot lawfully be shifted. Legitimate use or a good-faith payment dispute alone does not trigger it. For consumers, it applies only to the extent consistent with mandatory consumer protections.

15.2 Indemnity Procedure

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.

You may control the defense of a covered claim with competent counsel reasonably acceptable to the Company. The Company may participate at its own expense. If you fail to provide a timely defense, or a conflict of interest or material risk to an Indemnified Party reasonably requires separate representation, the Company may take over or obtain separate counsel; only reasonable costs attributable to the covered claim are recoverable. The parties will reasonably cooperate while protecting privilege and confidential information.

Neither party may settle a covered claim at the other's expense, admit liability for the other, or impose a non-monetary obligation on the other without that party's prior written consent, which must not be unreasonably withheld. This Section does not require unconditional advance payment of disputed defense costs or payment of excluded amounts. Coverage and reasonable costs may be disputed under Section 16.

16. Governing Law and Dispute Resolution (Arbitration; Class Waiver)

16.1 Governing Law

These Terms are governed by the internal laws of the State of Wyoming, USA, without regard to conflict of law principles. If you are a consumer, this choice does not deprive you of mandatory protections that apply under the law of your country of habitual residence.

16.2 Definition of “Dispute”

“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.

16.3 Informal Resolution (Required First Step)

Before initiating arbitration or a court proceeding, you agree to attempt to resolve the Dispute informally by contacting support@databay.com 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.

The Company will provide equivalent notice to your account email before initiating a Dispute. This step does not prevent urgent relief, a timely filing needed to preserve a claim, a qualifying small-claims action, or a report to a regulator. To the extent legally permitted, applicable claim periods are paused during the thirty-day informal process.

16.4 Small Claims Carve-Out

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.

16.5 Binding Arbitration Agreement

Except as set forth in Sections 16.4, 16.8, and 16.12, 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: The applicable AAA Consumer Arbitration Rules and Consumer Due Process Protocol govern consumer disputes. Otherwise, the applicable AAA Commercial Arbitration Rules govern. The administrator determines the applicable rules under its standards; an account label does not remove consumer protections.

• Fees: For Disputes subject to the AAA Consumer Arbitration Rules, filing, administrative, and arbitrator fees are allocated as provided by those rules, and the Company will pay any such fees that those rules require the Company to pay.

• Federal Arbitration Act: To the maximum extent permitted by law, the Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

16.5A Arbitration Administrator Unavailable

If AAA is unavailable for reasons other than a party's nonpayment, noncompliance or an impermissible consumer clause, the parties may use JAMS under its applicable rules and, for consumers, its Consumer Minimum Standards, including required company-paid fees and access to remedies. Any further substitute must preserve required consumer safeguards and be agreed by the parties or appointed by a court where permitted by law. If the administrator declines or stops administration because of nonpayment, noncompliance or consumer due-process requirements, any right under its rules or applicable law to proceed in court is preserved; this fallback cannot be used to defeat that right.

16.6 Location; Remote Proceedings

For consumers, the hearing location and format will follow the administrator's rules and applicable law, including access to a reasonably convenient location. For other customers, the seat will be Sheridan, Wyoming, USA, unless the parties agree or the applicable rules require otherwise. Remote proceedings by video, telephone or written submissions may be used as permitted by those rules; no consumer is required by this clause alone to travel to Wyoming.

16.7 Delegation

To the extent legally permitted, the arbitrator will decide disputes about the interpretation, scope or enforceability of a validly formed arbitration agreement. A court will decide whether an arbitration agreement was formed, which agreement controls where that issue is reserved to courts, a specific challenge to this delegation provision, and any other question that applicable law requires a court to decide. This clause does not itself establish assent.

16.8 Injunctive / Equitable Relief; IP; Security

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.

16.9 Class Action Waiver

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.

This waiver applies only where enforceable and does not waive a right to public injunctive relief or another remedy that cannot lawfully be waived. If the waiver is unenforceable for a particular claim or remedy, that portion may proceed in a court of competent jurisdiction while any severable arbitrable claims proceed in arbitration, where permitted by law. Administrative coordination of individual demands under applicable mass-arbitration rules is not prohibited class arbitration.

16.10 Batch Arbitration (Mass Filing Procedure)

Coordinated individual filings will follow the administrator's applicable mass-arbitration rules, fee schedules and process-arbitrator decisions. This agreement does not require serial batches, delay the filing of individual demands while other claims finish, or add filing conditions beyond those rules. Any agreed coordination must preserve each party's opportunity to present a claim and applicable limitation-period protections.

16.11 Severability of Arbitration Terms

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.

16.12 Your Right to Opt Out

You may opt out of the arbitration provisions in Sections 16.5 through 16.11 by emailing support@databay.com with the subject “Arbitration Opt-Out” from the email address associated with your account within thirty (30) days after you first accept these Terms. Opting out of arbitration does not affect any other provision of these Terms.

A valid prior opt-out remains effective. If we materially revise the arbitration agreement, you may opt out of the revised arbitration provisions by the same method within thirty (30) days after receiving the revision notice; previously applicable provisions remain subject to Section 3.2 and applicable law. We do not require a fee, postal notice or additional identity documents merely to opt out.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the incorporated Policies, constitute the agreement regarding the Site and Services, subject to any separately agreed written enterprise terms. This clause does not override Section 3, accrued rights, valid prior arbitration opt-outs or privacy commitments applicable to previously collected data.

17.2 Severability

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.

17.3 Assignment

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.

17.4 Force Majeure

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.

This clause does not extinguish refunds, service-change credits or return of balances actually owed under these Terms, the Policies or non-waivable law.

17.5 Notices

Where no more specific notice requirement applies, we may provide routine notices by email to your account address, through the dashboard, or on the Site. Material changes are subject to Section 3; publication on the public Site alone does not satisfy its notice requirements. Any specific requirements concerning delivery, timing, receipt, or consent under applicable law, a Policy, or the agreement then in force take precedence. Legal notices to the Company must be in writing and sent to WATTENNE INTERNATIONAL LLC, 30 N Gould St Ste N, Sheridan, WY 82801, USA, or to support@databay.com, and are deemed received upon confirmed delivery.

17.6 Limitation Period

For customers acting for business purposes, a claim arising out of or relating to the Site, Services or these Terms must be filed within one (1) year after accrual only where applicable law permits that shortened period. This contractual limit does not apply to consumers, non-waivable statutory periods, or a claim that applicable law excludes from contractual shortening. Applicable tolling rules and Section 16.3 remain effective; administrator-required coordination must not extinguish a timely submitted claim.

17.7 No Waiver

No waiver of any provision of these Terms is effective unless made in writing by the Company. The Company’s failure to enforce any provision is not a waiver of its right to enforce it later.

17.8 No Third-Party Beneficiaries

These Terms do not create any rights in favor of any third party, except that the Indemnified Parties and the persons identified in Section 14.1 may enforce Sections 14 and 15.

18. Contact Information

WATTENNE INTERNATIONAL LLC

30 N Gould St Ste N

Sheridan, WY 82801

USA

Email: support@databay.com