PlainProxies.com Terms and Conditions

1. These Terms and Conditions apply to all current and future offers from 3xK Tech GmbH, Altenhofer Weg 21, 16244 Schorfheide, Germany, [email protected] (hereinafter: We/PlainProxies.com). A customer is any natural or legal person, including but not limited to consumers and commercial customers (hereinafter: "You/the Customer"). By accepting the Terms and Conditions during the purchase process, the Customer agrees to them.

2. These General Terms and Conditions apply at all times and exclusively, unless expressly deviated from. We do not accept any conflicting terms and conditions from the customer. This applies even if we do not expressly object to their inclusion.

3. PlainProxies.com reserves the right to amend and/or supplement these Terms and Conditions in the future. Future amendments shall not affect existing service agreements or subsequent contracts. The version of the Terms and Conditions in effect at the time the contract is concluded shall prevail.

1. We provide the agreed-upon services at the delivery point and grant the customer the corresponding rights of use as specified in Section 3. The individual services are defined in the order/order confirmation. The nature and functionality of the respective services are described in the corresponding service descriptions. In order to always be able to offer optimal performance in the event of changes in technical standards, legal changes, or other external factors, or to achieve technical developments and improvements to the service, we reserve the right to make changes to a reasonable extent, about which we will inform the customer by email with reasonable notice prior to their entry into effect.

2. For the purposes of these Terms and Conditions, a proxy is a technical intermediary provided within a network. The proxy acts as an interface that receives requests from the user and forwards them to destination servers on the Internet using an alternative IP address. Through this process, data traffic is routed through the seller's infrastructure to mask the user's original IP address from third parties and enable communication via the assigned network address.

3. All rights to PlainProxies.com and the services we offer—in particular copyright and other intellectual property rights—are exclusively reserved by PlainProxies.com or our licensors. During the term of the agreement, we grant you the simple, non-transferable, territorially unrestricted right to use the purchased accesses and the proxies made available therein in accordance with the contractual terms, in particular the Acceptable Use Policy set forth in Section 6, for the duration of the agreed term of the agreement. The right of use permits the Customer's Authorized Users to use the SaaS services (proxies) within the contractually agreed scope of use. The access credentials may not be used multiple times or by multiple persons simultaneously.

1. Third-party providers may also offer services on our platform, www.plainproxies.com. These are clearly identified as such. In this case, we act as an online marketplace.

2. When you place an order with a third-party provider, a contract is formed between you and that provider. The third-party provider is solely responsible for fulfilling the primary obligations (provision of the proxy, IP availability, data throughput). In general, these terms and conditions apply exclusively to you as the customer and the third-party provider as the seller or provider of the goods and services.

3. Listings posted by third-party sellers on the marketplace do not constitute binding offers to purchase. A purchase agreement between you and the third-party seller is not formed until the third-party seller accepts the offer. In all other respects, Sections 4, 7, and 8 of these Terms and Conditions apply between you and the third-party seller. In addition, the third-party seller's terms and conditions apply, to the extent that the third-party seller provides them. These will be expressly referenced during the ordering process or, if applicable, must be accepted by you separately.

4. Since we are not a party to any purchase agreement or other contract between you and the third-party provider, we assume no liability for the purchased item or the services offered by the third-party provider. Furthermore, we have no influence over the technical infrastructure, IP address allocation, or the ongoing functionality of the third-party provider's services. For this reason, we exclude any liability or warranty on our part regarding the quality, availability, and error-free nature of the third-party provider's services, as well as regarding the third-party provider's compliance with applicable legal requirements (e.g., consumer protection rights). This applies in particular to:

• the actual geographic assignment of IP addresses for residential IPs.
• the speed and latency of the connection.
• the risk of premature blocking of IP addresses by target websites.
• the legal admissibility of IP acquisition by the third-party provider.

5. You also agree to use the products and services in accordance with the terms and conditions and the contract with the third-party provider, in particular to comply with the obligations and Acceptable Use Policy set forth in Section 6.

6. If we have concrete grounds to suspect a legal violation by a third-party provider, we will investigate the matter and, if necessary, take steps to have the violation rectified. We will also attempt to mediate in the event of disputes between you and the third-party provider. However, you have no legal claim against us for the rectification of errors. Complaints regarding technical performance must be directed to the third-party provider, unless we have been expressly designated as the responsible contact point.

1. Our online content is prepared with the utmost care. The presentation and promotion of products and other services in our online store do not constitute a binding offer to enter into a sales contract.

2. By submitting an order through the online store, you are placing a legally binding order. You are bound by the order for a period of two weeks after placing it; this does not affect your right to cancel the order, if applicable.

3. We will immediately confirm receipt of your order placed through our online store via email. Such an email does not constitute a binding acceptance of the order unless it explicitly states that the order has been accepted in addition to confirming receipt. A contract is not formed until we accept your order by issuing a statement of acceptance or by delivering or making available the ordered services and items.

4. To access the services on our website, you may be asked to complete a verification process in which you must explain how you intend to use the proxies and which services you will access using them. We will conduct a background check based on the information you provide to determine whether your data is associated with any illegal activities.

We reserve the right to temporarily or permanently deny you access to the services on our website without providing a reason. This will generally only occur if we suspect that you are using our proxies for illegal purposes or if the information you have provided is insufficient, unclear, or false.

5. We reserve the right to set specific terms and conditions for a particular offer, such as a limited validity period. These special terms and conditions apply only if they are expressly communicated prior to the order.

6. By accepting these Terms and Conditions, you agree not only to the terms set forth herein, but also to refrain from using the proxies provided by us, our service providers, and our partners in violation of applicable European, U.S., or other international and national regulations.

If you use them for illegal purposes or refuse our request to complete the verification process (our KYC form) or provide false information therein, we have the right to terminate the contract with you extraordinarily and without notice, to block your account on our website without prior warning, and to delete it after a reasonable period of time. We will refund any services already booked, but reserve the right to offset any damages resulting from your breach of contract. Refunds are only possible if you provide us with the necessary account details immediately after termination.

1. We are liable to you in all cases of contractual and non-contractual liability for damages or reimbursement of wasted expenses arising from willful misconduct or gross negligence, in accordance with the provisions of the law.

2. In all other cases - unless otherwise provided in paragraph 3 - we shall be liable only for a breach of a contractual obligation whose fulfillment is essential to the proper performance of the contract and on whose compliance you, as the customer, may reasonably rely (a so-called cardinal obligation), and such liability shall be limited to compensation for foreseeable and typical damages. In all other cases, our liability is excluded, subject to the provision in paragraph 3 below.

3. Our liability for damages resulting from injury to life, limb, or health, and under the Product Liability Act, remains unaffected by the above limitations and exclusions of liability.

4. Finally, we are generally not liable for any damages resulting from temporary restrictions on accessibility or system functions, or from temporary suspensions of the services and offerings provided by PlainProxies.com. The same applies to disruptions and outages in third-party telecommunications and GSM networks, provided we are not responsible for them. In the event of long-term restrictions or disruptions, we will contact you with a reasonable offer. This does not affect your statutory rights to terminate the contract. However, any claims for damages are excluded.

5. We are not liable for any delay or failure to perform an obligation under these Terms and Conditions due to unforeseeable events that arise after the conclusion of the contract and are beyond our reasonable control, such as strikes, blockades, war, terrorism, riots, natural disasters, and pandemics ("Force Majeure"), provided that we are unable to prevent or remedy the Force Majeure at reasonable cost. In such a case, you and we shall be released from our mutual performance obligations with respect to the affected part of the service for the duration of the Force Majeure, including a reasonable start-up period.

1. You must keep the login credentials assigned to you (authentication credentials, such as your "User ID" and password, etc.) confidential, protect them from access by third parties, and not disclose them to unauthorized users. You are required to notify us immediately if you suspect that these login credentials may have become known to unauthorized persons.

2. If you use our services outside of Germany, you are required to comply with the export control laws of the relevant country, as well as any export prohibitions and licensing requirements, and to coordinate the latter with us if necessary.

3. You agree to use the services you receive from us, in particular the proxies we provide, exclusively in accordance with the applicable laws of both the Federal Republic of Germany and any other country in which you use them or in which you carry out any actions—including digital ones—via these services. It is the sole responsibility of the user to ensure that their activities do not violate the laws of the respective country, international law, the terms of use of the target websites, or applicable data protection laws (e.g., GDPR).

4. Any use of the infrastructure that violates the terms of the agreement, is unlawful, or is otherwise abusive is strictly prohibited. This includes, but is not limited to:

5. Any reasonable suspicion of a violation of these provisions entitles us to temporarily or permanently block access to the proxies immediately and without prior notice. In such cases, there is no entitlement to a refund of fees already paid.

6. As a precautionary measure, you shall indemnify us against any and all claims by third parties arising from your unlawful use of the proxies.

1. All prices listed in our online store are gross prices in euros and include the applicable sales tax.

2. You are not entitled to set off your claims against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to set off your claims against our claims if you assert claims for defects or counterclaims arising from the same purchase agreement.

3. You may exercise a right of retention only if your counterclaim arises from the same contract.

1. The customer may only make payment using the payment methods offered in our online store. The available payment methods are displayed to the customer in the online store's order form and during the checkout process. We reserve the right to exclude certain payment methods or to offer only selected payment methods.

2. Payment of the purchase price is due immediately upon conclusion of the contract. For payments made by credit card or PayPal, the customer's account will be charged immediately after the contract is concluded. Regardless of the payment method, the customer is in default without the need for a reminder if payment has not been received by the provider no later than 14 days after the due date. In this case, the customer must pay the provider default interest at the rate prescribed by applicable law.

3. Cash discounts are not available. Any bank fees incurred for orders placed from abroad are always the responsibility of the client/customer.

4. We will provide the customer with an electronic invoice via email or through their customer account. An electronic invoice is an invoice that is issued and received in electronic format. The customer agrees to receive electronic invoices.

5. We use the secure payment systems provided by Coingate, Payssion, and Paddle to process payments made with cryptocurrencies. By choosing and completing such a payment, you agree to the terms and conditions of the respective payment provider. The payment transactions are then subject to the Terms and Conditions of Coingate, Payssion, and Paddle, which are solely responsible for the proper execution of online payments.

6. We will not grant access to the purchased goods until we have received confirmation from the payment system that all amounts owed by the buyer have been paid in full. Unless otherwise expressly agreed, the activation of access constitutes our acceptance of the contract in accordance with Section 4(3) of these Terms and Conditions.

1. Consumers have a statutory right of withdrawal when entering into a distance sale, and we provide the following information in accordance with the statutory template:

2. Note regarding the early expiration of the right of withdrawal: The right of withdrawal expires prematurely if we have already begun to perform the contract, after you have given your express consent to this and simultaneously confirmed your awareness that your right of withdrawal expires prematurely upon the commencement of contract performance on our part, and provided that we have made the content of your declaration available to you on a durable medium within a reasonable period after the conclusion of the contract, but no later than before the performance of the service begins. Please note that we may make the conclusion of the contract contingent upon the aforementioned consent and confirmation.

1. Personal data is processed in connection with the use of our website and our services, and specifically during the ordering process. You can find information about how we and our partners process personal data, as well as our general privacy policy, here.

2. By submitting the order, the customer certifies that the personal information provided is accurate. In the event of intentionally false information, we reserve the right to take legal action against the customer in question.

3. Please note that all images, photos, and text on this website are protected by copyright. Any unauthorized use, including but not limited to modification, reproduction, or public distribution, will be subject to civil and criminal prosecution by us to protect the copyright holders.

1. Our website may contain hyperlinks or references to other websites and/or electronic communication portals operated by third parties, or may display third-party content on our website through framing or other methods. Such references on our website do not imply that there is any connection between our website and these third-party websites, nor do they imply that we (implicitly) endorse the content of these websites.

2. We assume no responsibility or liability for the accuracy, legality, completeness, or quality of the content on these external websites linked to from our website, or on other electronic communication portals that are not under our actual control. Clicking on these links is therefore at your own risk and responsibility. We are not liable for any resulting damages.

3. These external websites do not offer the same guarantees as we do. We therefore recommend that you carefully read the terms of use and privacy policies of these other websites.

1. Contracts between the customer and us are governed exclusively by German law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Consumers whose habitual residence is abroad may, regardless of the choice of law, always invoke the mandatory laws of the country in which they have their habitual residence.

2. If the customer is a merchant, the exclusive venue shall be the registered office of PlainProxies.com.

3. If one or more of the above provisions are or become invalid or unenforceable, the remaining provisions shall remain unaffected. An invalid or unenforceable provision shall be replaced in good faith by a valid and enforceable provision that most closely approximates the economic meaning and purpose of the invalid or unenforceable provision. This also applies in the event of gaps in the contract.