XOProxy Terms of Service
Last updated: January 17, 2025
Welcome to XOProxy (the "Service"). These Terms of Service (the "Terms" or this "Agreement") form a legal agreement between VELOCITY WAVE LIMITED ("XOProxy", "we", "us", or "our") and you or the entity you represent ("Customer", "you", or "your").
By accessing or using XOProxy, our website, dashboard, APIs, or any related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Services.
We may update or modify these Terms from time to time. When we do, we will revise the "Last updated" date above. Your continued use of the Services after any changes become effective constitutes your acceptance of the updated Terms.
1. Registration and User Account
To access and use certain features of the Services, you must complete the registration process and create an account.
By registering for an account, you agree that:
- You will provide true, accurate, current, and complete information as requested in the registration form.
- You will maintain and promptly update this information to keep it accurate and complete.
- You are at least the legal age of majority in your jurisdiction and have the legal capacity to enter into this Agreement, or you are duly authorized to bind the entity you represent.
You further represent and warrant that you are not:
- Violating any applicable anti-terrorism, sanctions, or anti-money laundering laws;
- Conducting business with any persons or entities that are prohibited, sanctioned, or otherwise restricted under applicable law;
- Engaging in transactions involving property or interests in property that are blocked or restricted by applicable law;
- Attempting to evade or circumvent any anti-terrorism, sanctions, or other regulatory regimes; or
- A prohibited person as defined by applicable laws and regulations.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us if you become aware of any unauthorized use of your account or any other breach of security.
We are not liable for any loss or damage arising from your failure to safeguard your credentials or account.
2. Acceptable Use
By using the Services, you agree that you will not:
- Use the Services in any way that violates any applicable local, national, or international law or regulation, or any third-party rights (including intellectual property, privacy, and data protection laws);
- Use the Services for governmental, military, or other high-risk purposes where failure or misuse could lead to significant harm, unless expressly authorized in writing by us;
- Upload, transmit, distribute, or otherwise make available any viruses, malware, worms, Trojan horses, or other malicious or harmful code;
- Interfere with, disrupt, or attempt to disrupt the normal functioning of networks, systems, or services, including causing network resources to become unavailable to intended users;
- Distribute, promote, or facilitate any unlawful, harmful, defamatory, abusive, harassing, fraudulent, or otherwise objectionable content or activity;
- Use the Services to gain unauthorized access to any system, network, or data, or to perform activities such as unauthorized scanning, crawling, stress testing, or load testing against third-party resources;
- Cause damage, degradation, or service disruption to any third-party websites, platforms, or services, including by bypassing or attempting to bypass any access controls or rate limits;
- Use the Services in any manner that could harm XOProxy, our infrastructure, our reputation, or other customers.
We reserve the right, in our sole discretion, to determine whether your use of the Services violates these Acceptable Use provisions.
3. Inspection and Suspension
We reserve the right to monitor and log your use of the Services to:
- Bill you accurately;
- Ensure compliance with these Terms;
- Detect misuse or network abuse; and
- Comply with applicable laws, regulations, court orders, or law enforcement requests.
We may share your information with competent authorities if necessary to comply with legal obligations, to protect our legitimate interests, or to respond to legal process.
We may, with or without notice, immediately limit, suspend, or terminate your access to all or part of the Services if we determine, in our sole discretion, that:
- Your use of the Services creates a security risk to the Services, our infrastructure, third parties, or other customers;
- Your use of the Services may adversely impact the performance or availability of the Services for others;
- You are in breach of this Agreement or any other policy we provide;
- You are delinquent in payment of any fees owed to us;
- You have provided false, incomplete, or misleading information, or failed to comply with any know-your-customer (KYC) or verification requests;
- We believe your actions may expose XOProxy or its affiliates to legal liability or harm our business interests.
Where reasonably possible, we will make commercially reasonable efforts to notify you of the reasons for suspension. However, we may not be able to provide prior notice in all cases, especially where urgent action is required.
4. Member Privacy
It is XOProxy’s policy to respect the privacy of its users. Our collection, use, and disclosure of personal data are governed by our Privacy Policy, which is incorporated into these Terms by reference.
XOProxy will not intentionally monitor, edit, or disclose your personal information or the content of your use of the Services except:
- As required to operate, maintain, and improve the Services;
- Where we have your consent;
- Where we have a good-faith belief that such action is reasonably necessary to:
- Comply with applicable law, regulation, legal process, or governmental request;
- Protect and defend the rights, property, or safety of XOProxy, our users, or the public;
- Enforce these Terms and investigate potential violations;
- Prevent or address fraud, security, or technical issues.
For more details, please review our Privacy Policy.
5. Fees and Payments
Access to XOProxy is generally offered on a paid subscription or usage-based basis. By using the Service, you agree to pay all applicable fees, including but not limited to:
- Package or subscription fees;
- Usage-based fees and overage charges;
- Any applicable taxes, duties, or similar governmental charges.
We reserve the right to modify our pricing, billing structure, or available plans at any time. Changes to fees will generally apply to future billing cycles and will be communicated through our website, dashboard, or by other reasonable means.
By placing an order or making a purchase, you authorize XOProxy or our third-party payment processors to charge the payment method you provide for the total amount of your order, including all applicable fees and taxes.
Please note:
- Payments may be processed through third-party payment processors, and you may be required to agree to their terms and conditions.
- You must ensure that all payment information (including billing details and payment method) is accurate, complete, and up to date.
- If your purchased proxies or credits do not appear in your account after a successful payment, you must contact our customer support as soon as possible. We will make reasonable efforts to investigate and resolve the issue promptly.
6. Refunds
Our refund policy is as follows:
- Static residential proxies: You may request a refund within 24 hours of your purchase if the proxies fail to function as described and you are unable to resolve the issue after working with our support team.
- Other proxy products (such as residential proxies, unlimited proxies, SOCKS5 or similar products): No refunds are provided once the order is placed or the proxies have been used, except where required by applicable law.
We encourage you to carefully test and evaluate whether our proxies are compatible with your specific use case before committing to large purchases or long-term usage. Our team is available to answer questions and provide information to help you assess suitability for your needs.
We strive to ensure high quality and reliability. Each proxy is tested multiple times before delivery. If you encounter technical difficulties, please contact our support team at support@xoproxy.com prior to requesting a refund. In many cases, we can resolve issues quickly without the need for a refund.
Nothing in this section affects any non-waivable rights you may have under applicable consumer protection laws.
7. Intellectual Property Rights
All rights, title, and interest in and to the Services, including but not limited to the website, dashboard, software, APIs, designs, text, graphics, logos, trademarks, trade names, and any associated intellectual property, are and will remain the exclusive property of XOProxy, its affiliates, or its licensors.
Except for the limited rights expressly granted to you under these Terms, no license or other rights (whether by implication, estoppel, or otherwise) are granted to you in or to any patents, copyrights, trademarks, trade secrets, or other intellectual property of XOProxy or any third party.
You agree not to:
- Copy, modify, adapt, translate, create derivative works of, or attempt to derive the source code of the Services;
- Remove, alter, or obscure any proprietary notices or labels on or within the Services;
- Use any XOProxy trademarks or logos without our prior written permission.
8. Third-Party Applications and Services
The Services may allow you to access or use third-party applications, software, websites, or services (collectively, "Third-Party Services"). Your use of any Third-Party Services is solely at your own risk.
XOProxy does not control and is not responsible for:
- The content, functionality, or availability of Third-Party Services;
- Any damages, losses, or liabilities arising out of or related to your use of Third-Party Services;
- Any agreements, terms, or policies governing your relationship with such third parties.
Your use of Third-Party Services may be subject to additional terms and conditions imposed by the third party. You are responsible for reviewing and complying with any such terms.
9. Modifications to the Services or Terms
We may, at any time and in our sole discretion:
- Modify, suspend, or discontinue any part of the Services; and/or
- Update or revise these Terms.
Where practical, we will provide reasonable notice of material changes by posting updated Terms on our website or through the dashboard.
Your continued use of the Services after the effective date of any modifications constitutes your acceptance of the updated Terms. If you do not agree with the changes, you must stop using the Services.
10. Termination
You may stop using the Services at any time. You may also request the closure of your account according to the procedures provided in the dashboard or by contacting our support team.
We may, in our sole discretion, limit, suspend, or terminate your access to the Services (in whole or in part) at any time and for any reason, including but not limited to:
- Your actual or suspected breach of these Terms or any other applicable policy;
- Non-payment or repeated late payment of fees;
- Misuse of the Services, including violations of our Acceptable Use provisions;
- Compliance with legal or regulatory requirements;
- Discontinuation or material modification of the Services.
Upon termination for any reason:
- Your right to access and use the Services will cease immediately;
- We may, but are not obligated to, delete or disable access to your account data, subject to applicable law and our data retention policies;
- Sections of these Terms that by their nature should survive termination (including but not limited to intellectual property, warranty disclaimers, limitations of liability, and governing law) will continue to apply.
11. Warranty Disclaimer
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
To the fullest extent permitted by applicable law, XOProxy and its affiliates, officers, directors, employees, and agents disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of:
- Merchantability;
- Fitness for a particular purpose;
- Non-infringement; and
- Title or quiet enjoyment.
Without limiting the foregoing, we do not warrant that:
- The Services will be uninterrupted, timely, secure, or error-free;
- The results that may be obtained from the use of the Services will be accurate, reliable, or suitable for your specific purposes;
- Any errors or defects will be corrected.
You assume all risks arising from your use of the Services, including any damage to your systems, loss of data, or other harm.
12. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall XOProxy or its affiliates, officers, directors, employees, or agents be liable for:
- Any indirect, incidental, special, consequential, exemplary, or punitive damages;
- Any loss of profits, revenue, business, goodwill, or data;
- Any business interruption or procurement of substitute goods or services,
arising out of or in connection with these Terms or your use of (or inability to use) the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.
To the extent permitted by applicable law, XOProxy’s total aggregate liability for any claim arising out of or relating to these Terms or the Services shall not exceed the greater of:
- The amount you have paid to XOProxy for the Services in the three (3) months immediately preceding the event giving rise to the claim; or
- One hundred US dollars (USD $100).
Some jurisdictions do not allow the exclusion or limitation of certain damages or liabilities, so some of the above limitations may not apply to you. In such cases, XOProxy’s liability will be limited to the fullest extent permitted by applicable law.
13. Governing Law and Dispute Resolution
These Terms and any dispute arising out of or relating to them or the Services shall be governed by and construed in accordance with the laws of Hong Kong, without regard to its conflict of law principles.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect.
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
These Terms constitute the entire agreement between you and XOProxy regarding your use of the Services and supersede all prior or contemporaneous agreements, communications, or understandings, whether written or oral, relating to the subject matter hereof.
14. Contact Us
If you have any questions about these Terms or the Services, you may contact us at:
Company: XOProxy
Email: support@xoproxy.com
Thank you for using XOProxy.