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Terms & Service

Last Updated: December 1st, 2023

1. Definition

LIGHTYEAR (HONG KONG) CO., LIMITED owns and operates the brand GoProxy ("GoProxy", "We/Us/Our") and the website www.goproxy.com (the "Website") in WORKSHOP 60, 3/F, BLOCK A, EAST SUN INDUSTRIAL CENTRE NO.16 SHING YIP STREET KL, Hong Kong. The Terms of Service Agreement (the "Agreement") states the terms and conditions under which you ("you", "user", "client" or, "end user") may use and access to our services, including our websites, products, services, applications, application programming interfaces (APIs), notifications, any information or content appearing therein (the "Services"). This Agreement takes effect when you register an account on GoProxy website, or if earlier, when you get access to the GoProxy services (the "Effective Date").

2. Introduction

2.1 When you sign up to GoProxy, or if earlier, when you get access to the GoProxy Services, you acknowledge that you have read, understood, and agree to be legally bound by the Agreement and you represent and warrant that you are of the legal age of majority in the jurisdiction(s) or older in which You reside (at least 18 years of age in many countries)

2.2 If you are accepting the Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the terms and conditions set forth herein. If you do not have such authority, or if you do not agree to any of these terms, then you are not permitted to use the Services.

3. Account safety

3.1 In order to fully utilize our Services, you may need to create an account. When you register, please ensure the information you provide is up-to-date, accurate and complete, and update your information from time to time to ensure its accuracy.

3.2 You are responsible for your account and password security. Please do not share any of your private information such as account, password and verification code with third parties. GoProxy shall not be held responsible for any losses incurred to the customer as a result. Meanwhile, GoProxy pledges to properly store and manage your account information and will not sell your account information to any third-party platforms.

4. Availability of Our Services

4.1 After signing in your account, you can choose a suitable standard subscription plan. The fees and features of each subscription plan are described on the "Pricing" page of our website at https://www.goproxy.com/.

4.2 We are constantly changing and improving our products or services we provide. We may from time to time change or discontinue any of the products or services we offer, add, or remove functionalities or features, and we may suspend or stop certain products, services, functionalities, or features altogether. If we discontinue certain products, services, functionalities, or features, we will give you advance notice where reasonably possible.

4.3 We reserve the right to limit your use of our the Services we provide, including the right to restrict, suspend, or terminate your account if we believe you are in breach of these terms or are misusing our Services we provide.

4.4 We try our best to ensure that our Services and Website are always available, but we do not guarantee that the operation of or access to our Services and Website will be uninterrupted or continuous. Our Services or Website may be interrupted for maintenance, repairs, upgrades, network instability or equipment failures.

4.5 You are responsible for configuring your information technology, computer programmes, and platform or system in order to access our Services. We do not guarantee that our Website will be free from bugs or viruses.

5. Use Terms of Agreement

5.1 You must comply with all applicable laws and regulations regarding our products and services.

5.2 You shall not use our products and services for any illegal activities, including but not limited to infringement of intellectual property rights, dissemination of malicious software, harassment of others.

5.3 You shall not use our products and services to attack any public network resources.

5.4 You shall be fully responsible for any actions taken through use of our products and services.

5.5 Do not use any web content, products or services that infringe GoProxy's patents or other intellectual property without permission.

5.6 Do not resell or transfer GoProxy's products and services provided without prior consent.

5.7 We reserve the right to delete user uploaded content and terminate account access at any time.

6. Payment Policy

6.1 During your use of our products and services, we may charge fees to provide equivalent functions and services. Unless otherwise specified, all fees should be paid in full before product delivery, and users shall be responsible for any additional service fees, VAT fees, customs duties and other charges as may be required by local laws incurred after purchasing products. GoProxy can provide electronic invoices and receipts when needed by users.

6.2 If a user subscribes to GoProxy's subscription services, it means the user has fully read and agreed to GoProxy's subscription service terms, and the subscription service fees cannot be cancelled or refunded.

6.3 Under most circumstances, we do not support refunds. Except:

a. Double orders at the same time: You've wrongly ordered two plans at the same time, and there is no use for the plans.
b. The wrong plan chosen: You've paid for the wrong plan and there is no use for plans.

6.4 Once the order of our plans is placed successfully, the plan will be automatically released to your account. And you can find it in your order page. If you haven't received the order after successful payment, you can contact us via the contact information in the 11th term.

7. Suspension Agreement

If during the process of serving users, GoProxy finds that a user has any of the following behaviors, GoProxy has the right to immediately suspend the user's rights to use this product and service without notifying the user:

a. The user's use of the product and service involves public security issues of third-party platforms.
b. The user's use of the product and service involves fraud risks.
c. The user's use of the product and service involves illegal or criminal acts.
d. The user violates the terms of this agreement.
e. The user fails to pay the bill amount on time.

8. Disclaimer

8.1 Users shall not use GoProxy's products for research, development or manufacturing. If the user violates this provision and obtains patents or monetary value as a result, they shall all belong to GoProxy.

8.2 Any losses incurred by users under 18 years old during the use of this product and service shall be borne by the user themselves. Please refer to the Agreement section if in doubt.

9. Term and Termination

9.1 This agreement shall remain valid from the effective date until the end of the service. The agreement will automatically terminate when the product and service terminate.

9.2 If both parties otherwise agree on the period and term of service provision in writing, the contract period shall be deemed the performance period. During the performance period, both parties must strictly follow this agreement.

9.2 If during use of the product and service the user needs to terminate this agreement in advance, the user must send GoProxy a written notice in advance via email to [email protected], or by initiating an application through the "Contact Us" page. GoProxy will carefully review the user's application. The agreement will be deemed terminated only after GoProxy replies to terminate the agreement in writing in advance. GoProxy reserves the right to reject the user's application for early termination of the agreement.

10. General

10.1 Waiver and Severability

Any waiver of a default or breach of the Agreement by either party shall only be valid if made in writing and shall not be considered as a waiver of any subsequent default or breach. If any provision of the Agreement is deemed invalid or unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.

10.2 Force Majeure

Neither party shall be held accountable for any failure or delay in the performance of its obligations under the Agreement (excluding the payment of Fees) due to circumstances beyond its reasonable control, which may include but are not limited to denial-of-service attacks, strikes, shortages, riots, fires, floods, storms, explosions, pandemics, acts of God, war, terrorism, governmental actions, labor disruptions, earthquakes, and material shortages (collectively referred to as a "Force Majeure Event"). In the event of a Force Majeure Event, the non-performing party's obligations affected by the event will be suspended for the duration of the event, provided that the party continues to make commercially reasonable efforts to resume performance.

10.3 Compliance with Laws

You hereby agree and acknowledge that where we process your personal data in connection with the provision of the Platform, we, our representatives and/or agents are data intermediaries within the meaning of the Personal Data Protection Act (Act 26 of 2012 of Hong Kong), unless otherwise agreed in writing between the parties.

If in connection with your use of the Platform, you provide the personal data of any third parties (including any users of the Platform), you warrant and represent that the third parties have also consented to the terms of the Policy, and to the collection, use and disclosure of their personal data in accordance with the aforesaid.

These Terms of Service and any separate agreements whereby we provide you shall be governed by and construed in accordance with the laws of HK.

10.4 Relationship Between the Parties

This Agreement does not establish a partnership, joint venture, or agency connection between the parties. Neither party has the authority to obligate the other or to enter into commitments on the other's behalf without prior written consent.

10.5 Assignment

Neither party can transfer this Agreement without the prior written consent of the other, except in cases of merger, acquisition, or sale of all or substantially all of GoProxy's or Your assets, provided that the surviving entity agrees to abide by this Agreement.

10.6 Entire Agreement

These Terms of Use, along with each Order Form and any accompanying exhibits, constitute the comprehensive and exclusive understanding between the parties concerning the subject matter, replacing all previous oral or written agreements or understandings. In the event of any inconsistency between an applicable Order Form and these Terms of Use (or its exhibits), these Terms of Use (or its exhibits) shall prevail, unless the Order Form explicitly states otherwise.

10.7 Modification

GoProxy reserves the right to amend these Terms of Use at any time. Revised Terms are effective upon publication online at the following link: www.goproxy.com/terms-of-service.

If modifications are made, the Last Updated date at the top of this page will be updated. You have a 14-day window from the Last Updated Date to contact GoProxy for termination of the Agreement if you disagree with the changes. After 14 days, the changes become binding for the remaining Term.

10.8 Equitable Relief

Both parties acknowledge that a breach of confidentiality or proprietary rights provisions within these Terms of Use may result in irreparable harm, for which monetary compensation may be insufficient. Accordingly, either party may seek injunctive relief to prevent or restrain such breaches, in addition to other remedies available in law or equity.

10.9 No Third-Party Beneficiaries

Unless otherwise stipulated in the Agreement, no third party shall have any rights or obligations under this Agreement.

10.10 Headings

The headings used in these Terms of Use are for reference purposes only and do not carry legal significance.

10.11 Waiver

If the user does not exercise the rights stipulated in the agreement during the validity period, it shall be deemed that the user voluntarily waives them.

10.12 Notice

GoProxy may occasionally feature customer names, brands, and logos on our own marketing materials, according to the following guidelines:

a. We will only promote customers with their prior written consent.
b. Customer names and brands may be referenced on our website customer success page or included in case studies.
c. Logos or trademarks may be displayed alongside positive customer testimonials or case studies.
d. Customers have the right to request removal of their name/brand from any GoProxy materials at any time. Remove requests will be promptly honored.
e. All customer references or promotions will provide an accurate, non-misleading representation.
f. We will not alter customer trademarks or use customer content without permission.
g. No confidential customer or account information will be disclosed without explicit consent.

11. Contact Information

GoProxy can communicate with you through email to the email address in GoProxy's account information. You can communicate with GoProxy by emailing to: [email protected].