TERMS OF SERVICE
Version No 2. Effective date: October 30, 2026.
1 Parties and scope
1.1. These Terms of Service (the “Terms” or “Agreement”) govern the relationship between Travchis LLC, a company organized under the laws of the State of Delaware, United States (the “Company,” “we,” “us,” or “our”), and the Customer (“you” or “your”). The Company provides services under the ProxyWing brand. The Company's address is United States, Delaware, 651 N Broad St, Suite 201, Middletown, 19709. Contact details and registered agent information are provided in Section 19. The Customer is either an individual entering into the Agreement on their own behalf or a legal entity on whose behalf an authorized representative enters into the Agreement.
1.2. The Agreement covers ProxyWing services available through proxywing.com, its subdomains, proxywing.io, the customer dashboard, and the API: datacenter proxies, ISP proxies, residential and mobile proxies, VPN services, and extensions, testing utilities, and other free supporting tools offered by the Company. The availability of a product, feature, country, or plan is determined by the order or the tool description. Discontinuing new sales does not, by itself, terminate paid orders; termination of service is governed by Section 12.
1.3. The Customer and users of the service must be at least 18 years old and have the necessary legal capacity. A representative of an organization confirms that they are authorized to enter into the Agreement on its behalf. The Company may request information necessary to verify that authority without introducing its own passport-based know-your-customer (KYC) process.
1.4. If the Customer purchases a service as a consumer, the Agreement does not exclude rights that cannot be waived under applicable law. Provisions concerning non-refundability, limitations of liability, amendments, and disputes are subject to those rights. The name of an account alone does not establish that the Customer is an organization.
2 Formation of the Agreement and related documents
2.1. The Customer accepts these Terms and the Acceptable Use Policy (AUP) when registering, placing an order, or beginning to use the services after the Company has provided conspicuous notice that these terms apply and an opportunity to review and save them before taking the relevant action. That action constitutes acceptance if it is unambiguously linked to acceptance of the terms and this method is permitted by applicable law; a separate checkbox is not required each time the service is used. Merely browsing the website without adequate notice does not constitute acceptance of all contractual obligations. The applicable Data Processing Agreement (DPA) applies to processing activities properly covered by it. Acceptance of the Agreement does not replace any consent to marketing or non-essential cookies required by law. Authorization for recurring payments is obtained under Section 7. For a free tool, conspicuous notice containing links to these Terms and the AUP is provided before installation or launch; the user action identified in that notice may constitute acceptance without an additional checkbox. Free use does not create a paid subscription. The provisions on licensing, acceptable use, security, liability, and termination of access that are relevant to the tool apply to it. The transition to a new version during an ongoing relationship is governed by Section 17 and does not result merely from sending an email.
2.2. The framework Agreement takes effect upon acceptance under Section 2.1 or the conclusion of a separate agreement. Each order specifies the product, quantity, price, term, limits, and additional conditions. Issuing an unpaid invoice for a new order does not, by itself, constitute delivery of the service. Unless payment in arrears has been agreed, the service is delivered after payment has been confirmed and the necessary checks have been completed.
2.3. The AUP forms part of the Agreement. The applicable DPA remains in force in accordance with its terms. A new version of these Terms does not, by itself, replace the written agreement to amendments required by the DPA. Product-specific terms and restrictions disclosed before purchase and incorporated into the order are also binding. Personal data processing is subject to applicable law; the DPA governs processing on behalf of another party within its scope.
2.4. Mandatory provisions of law and applicable Standard Contractual Clauses for data transfers (SCCs) take precedence as provided by those provisions and clauses. The DPA takes precedence on matters concerning processing on behalf of another party. An individual written agreement takes precedence over these Terms and product-specific terms with respect to expressly agreed deviations, but does not override mandatory data protection safeguards. Product-specific terms take precedence regarding order specifications; the AUP takes precedence regarding acceptable use; these Terms govern all other matters.
2.5. Individual terms, amendments to a particular order, and exceptions are effective if expressly confirmed by a person authorized by the Company through the official dashboard, a support ticket, email, or a signed agreement. The Company determines and delegates its representatives' authority internally; it does not establish a public list of positions or uniform authority limits for all employees. Approval applies to the specified case and does not amend the general terms of other orders. Amendments to the DPA must comply with its formal requirements. Silence or technical assistance does not constitute permission to engage in prohibited activities.
2.6. The Company may send service communications necessary for performance of the Agreement, security, payments, and notice of changes. Marketing communications are sent on a basis permitted by applicable law, including separate consent where required. The Customer may opt out of marketing using the method provided in the communication; opting out does not stop necessary service notices. Non-essential cookies and similar technologies are used with prior consent where required by law, and the Customer must be able to change their choice. Registration, payment, and acceptance of these Terms do not, by themselves, replace that consent.
3 Accounts and access security
3.1. The Customer must provide complete, accurate, and up-to-date registration, contact, and payment information necessary to enter into and perform the Agreement, issue billing documents, verify authority and payments, and comply with applicable legal requirements. This information includes the purchaser's name, a valid email address, the country of habitual residence of an individual or the location of the purchasing organization, and, where necessary for the transaction, the billing address, tax details, and information about the representative's authority. The information requested must relate to the actual purchaser and the nature of the transaction. The Customer must check the information before confirming an order, correct errors promptly, and report changes without undue delay through the dashboard or an official support channel. Information being automatically populated or stored in the system does not relieve the Customer of the obligation to check it.
The Customer may use a payment method only on a lawful basis and with the necessary authority. The Company may request proportionate clarification and supporting information necessary to verify an order, payment, authority, or identified material discrepancy, and may defer acceptance or fulfillment of a new order until verification is complete. Restrictions on services already paid for are subject to the grounds and procedures in the Agreement and applicable law. The Customer is responsible for consequences caused by inaccurate or outdated information they provide, to the extent permitted by applicable law and where a causal connection exists; this provision does not relieve the Company of responsibility for its own errors, mandatory refunds, or obligations imposed on it as the seller.
The Company does not conduct its own passport-based KYC process and does not request copies of identity documents during ordinary registration and support. Account ownership, payments, and authority may be verified using necessary information without a passport copy. A payment provider's independent checks are governed by that provider's terms. The scope of information requested and its processing must be consistent with the purpose of verification and applicable law.
3.2. When registering, placing an order, or making payment, the Customer must not use a VPN or proxy to connect to the Company's website or dashboard. The Customer must use a direct connection and provide accurate information. This restriction applies to those transactions and does not prohibit subsequent permitted use of the purchased VPN or proxy service.
3.3. Each Customer may use one account. Additional accounts require prior written approval from Travchis LLC through an official channel under Section 2.5. Creating accounts to circumvent blocks, limits, checks, or promotional restrictions is prohibited. Sharing a network or household does not, by itself, establish a violation.
3.4. Orders belong to the Customer who holds the account. The account holder may invite users and assign permissions available in the system. The account holder is responsible for granting and promptly revoking authority and for users' actions within that authority. Having a technical permission to pay or cancel does not confer authority to amend the Agreement on behalf of the Company. Disputes concerning representation and account ownership are assessed on the basis of the supporting materials as a whole.
3.5. The Customer must protect passwords, email access, connection credentials, and API keys; must not disclose them to unauthorized persons; and must promptly revoke compromised keys and access permissions. A newly created API key is displayed only once; it may be revoked and replaced with a new key. The availability of IP allowlisting for a particular product does not mean that the same restriction is available for account login.
3.6. If compromise is suspected, the Customer must contact support immediately. The Company may temporarily restrict access, revoke keys, stop disputed transactions, and request proof of account ownership, including payment information and verification of control over the registered email address. No single item of evidence is treated as conclusively sufficient if there are signs that it has been compromised. Responsibility for losses is determined by the cause of the incident, breach of obligations, and Section 15, rather than merely by the use of the correct password.
4 Provision of services
4.1. The paid service term begins when the product is delivered to the Customer. Delivery means providing usable connection credentials or activating the purchased access in the dashboard. The Company is not responsible for a delay in starting use caused by the Customer's inaction after delivery.
4.2. For service terms, one “month” means exactly 30 consecutive days. Terms of 3, 6, and 12 months mean 90, 180, and 360 days, respectively. Daily plans, where offered, run for the specified number of consecutive 24-hour periods. This definition does not change statutory calendar periods or referral program periods expressly stated to be calendar periods. The order's expiration date is displayed in the dashboard.
4.3. The right to use a service is limited to the term or volume specified in the order. The sale of proxies, including a package from a single /24 subnet, does not transfer ownership of IP addresses, an autonomous system, routing, or infrastructure to the Customer and does not confer a right to open arbitrary ports.
4.4. For a product designated as dedicated or private, the Customer receives private, exclusive access to the proxy assigned to them for the paid term. The Company does not make that dedicated proxy available to other customers at the same time. This rule does not apply to a shared pool of rotating addresses unless the product is sold as dedicated. The right of replacement under Section 4.8 is preserved.
4.5. Static datacenter (DC) and ISP proxies are intended for use with a fixed IP during the paid term, subject to replacement under Section 4.8. Residential products support rotation or sessions with a specified lifetime within the available settings. Mobile products allow IP changes manually, through a link, or on a schedule, depending on the plan. A session does not guarantee indefinite retention of an IP if the node becomes unavailable.
4.6. Protocols, UDP, IP allowlisting, operating system fingerprint settings, and other features depend on the product and architecture. ISP NEW features do not automatically apply to ISP OLD. A nominal 1 Gbps port for DC and ISP products does not guarantee an individual customer's speed. The API is limited to 600 requests per minute per source IP. The Customer must follow the API documentation; when resubmitting a purchase or order modification operation, the Customer must check the result of the previous operation and use the safeguards against duplicate execution specified in the documentation.
4.7. Country, city, and carrier are determined using available network information and address classifications; third-party website databases may differ. The Company does not guarantee that all third parties will identify the same geolocation. This does not relieve the Company of its obligation to meet expressly agreed order specifications. MIX means a random selection from several countries without the right to select or exclude a country; a technically faulty proxy may be submitted to support for replacement assessment.
4.8. The Customer must submit a replacement request describing the problem. The Company checks functionality and may offer troubleshooting, a fix, or a replacement. If a technical fault is confirmed and is not remedied, a working replacement or another contractual or statutory remedy will be provided. Replacement based on the Customer's preference, blocking by a particular website, or a third-party service's rating is at the Company's discretion.
4.9. The Company may replace an IP address, subnet, node, or supplier to maintain availability, security, or network quality, comply with the law, modernize the service, or address a material deterioration in address reputation. Prior notice is not required where action is urgent or the replacement does not materially reduce the agreed specifications; necessary new credentials and information about changes affecting the Customer are provided without undue delay. A replacement preserves the paid term and agreed material specifications, including the purchased location and product type. If they cannot be preserved, Sections 4.8 and 12.5 apply; a technical replacement is not grounds to terminate a paid product without the applicable financial settlement or to impose a different country on the Customer.
4.10. The Company does not guarantee access to a particular website, freedom from CAPTCHAs, a particular IP reputation, third-party approval of an account, consistent speed, or achievement of a business outcome. The Customer must check suitability for their intended use before purchase using the available information and support. No free trial of paid proxy or VPN services is provided; free tools do not constitute such a trial. These limitations do not override expressly agreed service specifications.
4.11. Proxies and VPNs do not guarantee complete anonymity, freedom from identification, or protection against all monitoring. Transmitted information may be accessible to the recipient and other participants in the connection, depending on the protocol and encryption used. The Customer must implement safeguards appropriate to their intended use. This provision does not replace the description of the Company's actual data processing required under applicable law and the DPA.
4.12. Fraud scores, reputation assessments, classifications, and IP availability assessments on third-party resources are produced by independent systems and may differ or change because of their methodologies, user activities, and other external factors. Unless the Company has separately undertaken a specific obligation, no particular score, continued score, or acceptance of an address by all third-party services is guaranteed. A stated assessment relates to the identified source, time, and conditions of the check, rather than all future checks. A change in a third-party assessment does not, by itself, establish a service defect or Company liability. This does not override expressly promised specifications, liability for inaccurate descriptions, or other mandatory Customer rights; any replacement is governed by Section 4.9.
5 Traffic and load
5.1. This version does not introduce an expiration period for paid residential traffic. The remaining volume may be used until consumed or until the relevant product is lawfully discontinued with a financial settlement under Section 12.5. The terms in effect at the time of purchase remain applicable to the extent relevant. Purchasing a new package does not, by itself, change the terms of an earlier package; a future package with an expiration period may be offered only if that period is clearly disclosed before purchase and the relevant terms are validly accepted. Product discontinuation and expiration of a separately agreed term are distinct grounds for ending availability.
5.2. Purchased residential traffic volume decreases as it is used. The package volume and price are determined by the order. The Company reviews substantiated reports of metering discrepancies using the available data; its system readings are not treated as conclusive. Datacenter and ISP proxies are subject to the separate Fair Use Policy (FUP) provisions in Sections 5.3–5.5.
5.3. Datacenter and ISP proxies described as offering “unlimited traffic” are subject to the FUP: 100 GB per IP for each 30-day period. For IPs purchased as a single package (order), the allowance is pooled within that package: N IPs provide 100 × N GB separately for inbound traffic and for outbound traffic. Usage by all IPs in the package is added together within each direction; inbound and outbound traffic are not added to each other. The threshold is reached when either direction reaches the package's total allowance for that direction. For example, for 5 IPs, the threshold is 500 GB in each direction; 300 GB inbound and 300 GB outbound do not reach it. An individual IP may use more than 100 GB while the package's total allowance has not been reached. Unused volume cannot be transferred between orders. Replacing an IP does not reset the accumulated usage of its package. One-day plans are not offered for these products. Automatic warnings that usage is approaching the limit are not currently provided.
5.4. “Unlimited” means that ordinary use is not charged per GB; it does not mean that no load management measures apply. If the FUP threshold is reached, usage is unusual, or the network is at risk, the Company may limit speed and connections, request an explanation, offer separate terms, or suspend the affected service. Additional paid capacity is provided by agreement; exceeding a limit does not, by itself, authorize an arbitrary charge.
5.5. A hard upper limit of 2,500 simultaneous connections applies per IP. During increased load or a threat to stability or security, the Company may temporarily impose a lower limit and restrict speed without advance notice, to the extent and for the duration necessary to protect the network. The upper limit does not guarantee that all 2,500 connections will be available at any given time. Technical restrictions do not exclude mandatory remedies for failure to provide a service. Notifications that usage is approaching the FUP threshold and a dashboard usage counter are not guaranteed.
6 Prices and payment
6.1. Prices are stated in US dollars. Before confirming an order, the Customer is informed of the total amount, including applicable taxes and Company charges to the extent required by law. A payment intermediary may apply its own fees and currency conversion, as disclosed during its payment process. The Company's incorporation in Delaware does not exempt a particular sale from applicable taxes.
6.2. The services are provided by Travchis LLC. Available payment methods are displayed at checkout and may include payment cards, PayPal, Cryptomus, and local payment methods. Availability depends on the country, product, and payment provider. Processing a payment through a third party does not, by itself, change the contracting party. Automatic payments are permitted only under Section 7.
6.3. Payment is confirmed when the Company receives the funds or receives confirmation from its payment intermediary. The Customer is responsible for using the correct payment method, amount, network, and payment details and for paying in good time. The consequences of errors and delays depend on their cause; this provision does not relieve the Company of responsibility for its own error or a mandatory refund.
6.4. The payment due date is stated on the invoice. The Company may reject an unpaid order because of unavailable resources, a pricing error, suspected fraud, or a legal prohibition. If an order that has already been paid for cannot be fulfilled, Section 9 applies to the refund. The Company will disclose a material pricing error before seeking renewed agreement; acceptance of a higher price is not presumed.
6.5. A one-time discount applies only to the specified purchase. A recurring discount applies to renewals in accordance with the promotion's terms. Promotional terms do not permit artificial account creation or circumvention of restrictions. Changes to the price of a future period are notified under Sections 7 and 17.
6.6. Duplicate payments and overpayments are accounted for separately from the price of the delivered order. The Company may not collect payment for the same service twice. An overpayment may be credited to the account balance with the Customer's consent or on another lawful basis; mandatory refunds may not be replaced with compulsory service credit.
7 Automatic renewal and top-ups
7.1. When a subscription is purchased using a payment card or PayPal, automatic renewal is enabled by default. By confirming the subscription purchase, the Customer authorizes recurring payments for the selected product on the terms agreed at checkout until canceled. Renewal is for the most recently agreed billing cycle or, if none has subsequently been agreed, the initial purchase cycle, subject to Section 7.7. Automatic payment from the account balance is disabled by default and must be enabled separately by the Customer. To cancel, the Customer must use Cancellation Request on the product details page or contact support under Section 8.
7.2. The amount, period, and next payment date are determined by the order and displayed in the dashboard. Under the standard schedule, the renewal invoice is generated and emailed 14 calendar days before the payment due date, which is also the service expiration date. Payment from the account balance, if enabled and sufficient, is made on the payment due date. The first attempt to charge the card is made on that date; if it fails, two further attempts are permitted, one on each of the following two days, with at least 12 hours between attempts. Other plans and payment methods follow the schedule stated when the relevant subscription is purchased. Successful early payment adds the new term to the current term; Section 8.6 applies following an interruption.
7.3. The Company provides purchase and payment confirmations and notices required by law. The Company gives at least 14 calendar days' notice before the first charge at an increased price for the next period; the Customer may cancel renewal before that charge. If mandatory rules require a different period, notification method, or consent procedure, those rules apply. The price of a period already paid for is not recalculated. If a product is discontinued under Section 12, its future renewals, automatic top-ups, and charge attempts are disabled.
7.4. Automatic payments are supported for payment cards, PayPal, and the account balance within the scope of the Customer's valid authorization. Cryptocurrency payments through Cryptomus are not charged automatically. Retries are permitted only for an unpaid invoice that has not been canceled and only before the order is terminated; a payment failure notice is sent after the first unsuccessful attempt to charge the card. Cancellation stops subsequent attempts. An invoice is paid only once; an insufficient account balance does not authorize use of a card or PayPal without valid authorization. After final termination, restoration must be arranged and paid for anew, without resuming charge attempts on the canceled invoice.
7.5. Purchasing a residential traffic package does not, by itself, enable automatic renewal. The Customer must enable automatic top-ups separately and specify the remaining-volume threshold and the top-up amount or volume. Changes and disabling apply to future transactions; completed purchases are governed by Section 9.
7.6. A renewal involving selection of a new billing cycle is payable in full; the new term is added to the unexpired portion of the current period unless the agreed order states otherwise. Following an interruption in service, the new paid term begins when access is actually restored under Section 8.6, rather than retrospectively from the previous expiration date.
7.7. Where mandatory law permits automatic renewal of a consumer contract only for an indefinite term with a right to terminate on no more than one calendar month's notice, that arrangement applies instead of renewal for another fixed term. Unused prepayments are refunded to the extent required by law. A separately selected new purchase is assessed independently from automatic renewal.
8 Cancellation and non-payment
8.1. The Customer may stop automatic renewal by selecting Cancellation Request on the product details page. Cancellation does not require a manager's approval or contact with support; providing a reason is not a condition of cancellation. The Customer may also cancel renewal through an official support channel even if the button is available. The Company takes account of when it receives an unambiguous cancellation request and confirms cancellation. The service remains available until the end of the entire paid term, including any paid renewal, unless a right to a refund applies. Canceling one product does not terminate others. Disabling automatic residential traffic top-ups stops future top-ups while preserving purchased volumes under Section 5.
8.2. Cancellation Request automatically cancels all previously generated unpaid invoices for the product being canceled and stops further automatic invoices and charges for it. No separate support request is required to cancel those invoices. Canceling an invoice does not extinguish separately arising lawful claims for services already provided. An erroneous charge after an effective cancellation will be corrected, including by any necessary refund.
8.3. A stored payment provider authorization may remain linked to the account for other authorized transactions. It does not authorize charges for a canceled service. The Customer may separately revoke authorization to use a payment method through the available settings or an electronic request to support; the Company will stop the corresponding charges. Where necessary, the Customer must also use the payment provider's revocation tools. Revoking payment authorization does not, by itself, terminate other contractual obligations, but any new charge requires a valid basis.
8.4. Automatic payment from the account balance is disabled by default and managed separately. A one-time manual payment from the balance does not enable it. After canceling a product, the Customer may manually purchase a new renewal; this does not reactivate a subscription without a new affirmative selection. Disabling only balance payments does not cancel authorized card or PayPal charges: Section 8.1 must be used to cancel renewal entirely.
8.5. A successful, validly authorized automatic renewal payment secures the next paid period. A subsequent ordinary cancellation stops further unpaid renewals and does not, by itself, create a contractual right to recover the amount already charged, even if the next paid period has not yet begun. The service remains available for the entire paid term. This rule does not apply to erroneous or unauthorized charges, charges after an effective cancellation, failure to provide the service, or other mandatory refunds under Section 9 and applicable law.
8.6. After the paid term expires, an unpaid service is unavailable; no additional free period is provided. For datacenter proxies and ISP proxies on the new architecture, suspension status is applied on the day after the payment due date shown on the invoice; if payment remains outstanding, the order is finally terminated on the second day after that date, following the last scheduled attempt to charge the card, and the unpaid invoice is canceled. The Company may release allocated resources. Successful payment before final termination allows access to be restored if the resources remain available. In individual cases, the Company may restore proxies upon a Customer's request to support within 14 calendar days after payment becomes overdue. Availability depends on the product, architecture, and resources and must be confirmed by support for the particular order; retention of IPs and settings and the availability of restoration are not guaranteed. Standard restoration after expiration is not available for ISP proxies on the old architecture or mobile proxies. The 14-day period does not extend a terminated order, reserve resources, or authorize continued automatic charges on a canceled invoice. When service is restored following an interruption, the Customer pays only for the new period, without a separate restoration fee. The full paid term begins when access is actually restored; days on which the service was not provided are not charged. The duration is determined by Section 4.2 and the order confirmation. Availability, price, and restoration terms are disclosed before payment; if restoration has been paid for but cannot be performed, the corresponding payment is refunded under Section 9. This procedure does not create a debt for an unprovided renewal or override an earlier valid cancellation under Sections 8.1–8.2.
8.7. An unpaid invoice for an unprovided renewal does not create a Customer debt. Issuing an invoice does not constitute provision of a service. The obligation to pay for services actually provided under a valid agreement, including separately agreed payment in arrears, remains in effect. Section 8.5 applies to a renewal that has already been lawfully paid for.
9 Account balance refunds and compensation
9.1. Adding funds to the account balance constitutes the purchase of internal service credit for ProxyWing services. This credit is not a loan, does not earn interest, is not transferable to other persons, and is not intended for purchasing third-party goods or services. Discretionary cash refunds of balance top-ups are not provided, including where the Customer changes their mind about purchasing services or voluntarily closes their account. Mandatory refunds and financial settlements following termination by the Company are governed by this Section and Section 12. Refundable amounts under Section 12.5.6, purchased service credit, referral commissions, and gratuitous bonuses are accounted for separately; the non-refundable nature of an ordinary top-up does not override an obligation of the Company to return money.
9.2. The Customer purchases the service for the entire selected term or in the selected volume. If the Company provides the service in accordance with the order, a change of mind, non-use, an error in selecting an intended use, unavailability of a third-party website, or voluntary account closure does not, by itself, entitle the Customer to a full or partial cash refund, a credit for the unused portion, or a reduction of the paid term. Section 8.5 applies to paid renewals. Technical defects are addressed under Section 4.8; individual exceptions are addressed under Section 9.7. Financial settlements following termination by the Company and mandatory exceptions are governed by Section 12 and Section 9.10.
9.3. Where there is a basis for a refund and the Customer chooses money instead of an offered replacement or other compensation, the Company initiates the refund without undue delay and no later than 14 calendar days after receiving that request. Offering an alternative does not, by itself, establish its acceptance. Where the law prescribes an earlier deadline, a different starting point for the period, or an obligation to refund without an additional request, that rule applies. Financial settlement following product discontinuation initiated by the Company is governed by Section 12.5.6. Failure to respond to an offer of an alternative does not suspend a mandatory refund period that has already begun. Refunds are made using the original payment method or another lawfully agreed method.
9.4. For erroneous or duplicate charges, payments not received, refunds, or compensation, the Customer must contact the ticket system or an official support channel and identify the order, payment, and reason for the request. The Company may request information necessary to verify the payment and the requester's authority. Section 4.8 also applies to technical service problems. Legal claims may be sent to legal@proxywing.com.
9.5. Beyond mandatory remedies, the Company determines whether to provide discretionary compensation and in what form. Compensation takes account of the price of the affected service and the confirmed period of unavailability; it may be provided as account credit or an extension. The Agreement does not establish a universal service level agreement (SLA) or an automatic payment for every interruption.
9.6. Gratuitous bonuses, prize services, and services provided in barter are not redeemable for money unless separate terms provide otherwise. Referral commissions are governed by Section 13. When the Company terminates an account for a confirmed violation, lawfully earned commissions are included in the overall monetary settlement under Sections 12.6 and 13.9; this does not make them gratuitous bonuses.
9.7. Upon a Customer's request to support, the Company may agree, on an individual basis, to provide discretionary compensation as account credit or an extension of service. This decision is at the Company's discretion and does not create a general right to compensation or cash withdrawal. Agreed discretionary account credit may be used for ProxyWing services and is not redeemable for money, subject to the mandatory exceptions in Section 9.10. This rule does not apply to refunds for undelivered services under Section 9.9 or financial settlements following termination by the Company under Section 12.
9.8. The price of a longer-term plan, including any discount for the selected term, applies to the entire ordered period. Voluntarily ceasing use does not convert that order into a purchase of individual days or months and does not create a contractual right to demand a refund for the remaining term. Canceling automatic renewal stops future renewals but does not, by itself, cancel an order already paid for. Section 9.10 takes precedence.
9.9. If the Company cannot deliver a paid service and the order is canceled, the price of the undelivered service is refundable. The Customer may agree to a replacement or to use the amount for other services. If that amount has been recorded in the account balance and remains unused, this does not, by itself, deprive the Customer of the right to request its refund using the original payment method or another lawfully agreed method under Section 9.3. For a purchase made using a previously funded account balance, the source of the funds is taken into account; an accounting entry returning the amount of an unfulfilled order to the balance does not turn it into a new non-refundable top-up. No fee is deducted for such a refund.
9.10. This Section does not exclude refunds or other rights that mandatory applicable law does not permit the parties to waive by contract. The information in Appendix 1 applies only to Customers and contracts covered by the relevant right of withdrawal. This provision does not establish a general right to cancel a properly functioning service early and obtain a refund for its remaining term. Requests and financial settlements are handled under Sections 9.3–9.4, subject to mandatory refund deadlines and methods.
10 Payment disputes and administrative costs
10.1. The Customer may dispute erroneous and unauthorized payments in good faith. Contacting a bank does not, by itself, establish fraud. The Company may investigate a dispute, suspend affected services where payment has not been received, and protect itself against proven payment fraud, including by restricting the entire account where the associated risk warrants it.
10.2. If the Company finally closes an account because of a confirmed material breach by the Customer, an additional settlement processing fee may apply: 20% of the refundable monetary balance after lawful set-off of other claims, subject to a minimum of USD 25. The monetary balance and payable referral commissions are combined for a single calculation. The fee covers additional work to verify related transactions, reconcile payments, and complete the financial settlement; it is not a penalty or a charge for ordinary support. The fee is capped at the remaining balance, does not create a separate debt, and is reduced, including to zero, if the corresponding costs do not exist, are unsupported, are materially lower than the calculated fee, or may not lawfully be deducted. Costs already included in damages are not charged again. The Company informs the Customer of the final amount and categories of deductions; justification may be requested at legal@proxywing.com. Disclosure of internal materials is governed by Section 10.3. Product discontinuation and Company-initiated closure of an account in good standing do not, by themselves, justify this fee.
10.3. The Company may set off or claim documented losses and other amounts lawfully due to it as a result of the Customer's breach. The basis, amount, and permissibility of any set-off must be substantiated; the same loss may not be recovered twice. Upon a request to legal@proxywing.com, the Company provides an explanation of the grounds and calculation to the extent necessary to address the claim. The Company is not required to automatically disclose internal logs, anti-fraud rules, third-party information, or other protected materials; disclosure required by law, a court, or a competent authority remains mandatory. This provision does not make the Company's assessment conclusive or alter the statutory burden of proof. Disputed damages are not charged to a card solely on the basis of renewal authorization. Legal fees and court costs are governed by Sections 15 and 18.
11 Support and maintenance
11.1. Official contact methods are listed on the contact page; requests may be submitted through the ticket system. Legal requests and abuse reports are also accepted at the addresses in Section 19.1. The primary support language is English; other languages may be used where available. The Company responds to a request within 30 calendar days of receipt. If further investigation is necessary, this period may be extended no more than twice, each time by a maximum of 30 calendar days, with notice to the Customer of the reason and revised deadline before the current period expires. This is a period for review and response, not a promise to resolve every technical problem within that time. Shorter mandatory deadlines, refund periods under Section 9, payout periods under Section 13.3, and any separately agreed SLA take precedence. Submitting a request does not suspend the right to cancel automatic renewal independently.
11.2. Support assists with account access, payment, product delivery, ProxyWing settings, and troubleshooting its functionality. Developing customer software, configuring third-party infrastructure, and achieving results on a third-party website are not included in standard support. For troubleshooting, the Company may request the time of the error, the product, the response code, and an anonymized example; the information requested is limited to what is necessary.
11.3. Where practicable, the Company gives notice of scheduled material maintenance by email, through the dashboard, or in a ticket. An incident may be announced on the website, by email notification, or only to affected customers. Urgent action to address a threat may precede notice. Lack of notice does not, by itself, cause a malfunction to be treated as normal operation.
11.4. In the event of threats, discriminatory abuse, or harassment of employees, the Company may escalate communications to a manager, restrict chat, and require a written communication channel. A material or repeated violation may result in termination under Section 12. An official channel remains available for lawful claims, data-related requests, and financial settlement inquiries.
12 Suspension and termination
12.1. The Company may reject a new order, restrict features, suspend individual services or an account, or terminate the Agreement to the extent necessary in the event of a breach of these Terms or the AUP, non-payment, reasonable suspicion of fraud or an unlawful payment, compromised access, a mandatory legal requirement, or reasonable grounds to believe that the Customer or use associated with the Customer creates a material legal, financial, reputational, technical, or security risk to the Company, its affiliates, suppliers, other customers, third parties, the network, or the services. Grounds may include credible complaints, indications of abuse, refusal to provide necessary clarification, breach of payment partners' requirements, or a threat to infrastructure availability. These examples are not exhaustive; the measure must be reasonably related to the identified risk. A lawful complaint, an honest negative review, or the exercise of a mandatory Customer right does not, by itself, constitute a violation or such a risk.
12.2. In the event of a material violation or a risk requiring urgent intervention, the Company may restrict access immediately without prior warnings and without an obligation to issue three warnings. A necessary interim protective measure based on reasonable suspicion does not require waiting for conclusive proof of a violation. Where practicable, the Company isolates the affected service; a restriction may cover the entire account where the risk affects the account as a whole. The Customer is sent electronic notice of the restriction, an explanation of the grounds to the extent it can be provided, its duration if determinable, and available steps to seek review. Disclosure may be limited or deferred where necessary for legal compliance, security, or protection of an investigation. Whether a cure period is provided depends on the circumstances, subject to mandatory legal requirements. Final retention of funds requires an independent basis under Section 10 and Section 12.6.
12.3. Suspension does not necessarily pause the running of the paid term. No contractual compensation is provided for the relevant period where a Customer violation is confirmed. An erroneous block imposed by the Company must be corrected, with the contractual and statutory remedies that apply. The procedure for requests and review is set out in the AUP.
12.4. The Company may discontinue new sales of a product, plan, or location without advance notice. A decision to stop accepting future new orders and manual renewals that are not part of an existing agreed commitment is announced through the website, dashboard, or official social media channel at least 30 calendar days before that renewal option is withdrawn. If the change terminates an existing automatically renewing subscription, or if the law, the applicable contract, or the circumstances require an individual communication, the Company also notifies the affected Customer by email, ticket, or personal dashboard message, in the required form, at least 30 calendar days in advance or within another mandatory notice period. A public announcement does not terminate a period already paid for. Early termination of an active paid service is governed by Section 12.5. Urgent lawful grounds under this Section 12 apply to the extent necessary regardless of the ordinary notice period.
12.5. The Company may discontinue individual products, countries and locations, VPN services, residential pools, plans, and features in the event of a material change in legal requirements; loss of a necessary supplier, IP address resource, or technical compatibility; objective inability to maintain security or stability; documented retirement of a technology platform; or a substantial, sustained increase in costs making continued support of the product commercially unviable. The ground must genuinely relate to the product being discontinued. A change in the product range does not confer a right to abandon a paid order arbitrarily. Early termination for commercial reasons is available only where permitted by the binding contract and mandatory law; otherwise, the Company must honor the paid term or agree termination or replacement with the Customer. A commercial decision does not, by itself, constitute force majeure or a Customer breach.
12.5.1. For planned early discontinuation of an active paid product, the Company notifies the affected Customer at least 30 calendar days in advance by email, ticket, or personal dashboard message. The notice identifies the affected service, termination date, and financial settlement procedure; details and replacement options may be provided through a link. Where the law or the existing contract requires a particular method, notice on a durable medium, or a longer period, the Company complies with that requirement. In the event of a mandatory prohibition, an immediate serious threat, or another urgent inability to continue recognized by law, measures may take effect immediately, with as much advance notice as possible or notice without undue delay after the measure.
12.5.2. The Company stops accepting new orders and disables automatic renewals, automatic top-ups, and charge attempts for the product being discontinued before incurring new obligations it cannot fulfill. Unpaid invoices for future service are canceled. Payment for any future period that will not be provided is refunded in full. If only part of an order or account is affected, the remaining usable services continue; related discounts are not retrospectively withdrawn solely because of the Company's decision. Product discontinuation is not, in itself, a block for an AUP violation.
12.5.3. In place of the discontinued product, the Company may offer a replacement or use of the settlement amount for other services. A replacement requires the Customer's agreement; it carries no additional charge and preserves the agreed value, remaining term, and material features unless the Customer separately chooses otherwise. A different country for a location-specific proxy, a proxy instead of a VPN, or a residential pool with material differences is not automatically equivalent. Merely announcing a future discontinuation does not create an additional contractual right to end a properly provided service earlier and obtain a refund for the period before the announced shutdown date. The financial settlement covers the unprovided portion after actual termination; independent rights to earlier withdrawal or a refund arising under law, from defects, or on another basis remain unaffected. A technical replacement without material deterioration under Section 4.9 is governed by that provision.
12.5.4. On termination, the Company refunds the full price actually paid for the unprovided portion, with any necessary tax adjustment. For a time-based order, the amount is calculated using the actual dates of the paid period and the proportion of time remaining after termination: the price of the affected part of the order multiplied by the remaining duration and divided by the full paid duration. For partial discontinuation, only affected units are included; if a package price is not itemized, an objective price allocation disclosed to the Customer is used without reducing the agreed rights in the remaining services. The used portion is not repriced at a more expensive short-term rate. Remedies for earlier defects and interruptions are accounted for separately under the Agreement and law, without double recovery. For a pre-existing order, these Terms do not replace the actual dates or promised term with their new definition of a “month.”
12.5.5. When a residential pool is discontinued, the refund is calculated separately for each package: the actual purchase price after discounts multiplied by the proportion of unused paid volume. Records must preserve the ability to trace packages, refunds, and usage. A new package does not erase a previously paid remaining volume. Separate gratuitous bonuses have no monetary value; volume promised as part of a paid package or a promotion conditional on purchase may not retrospectively be excluded from the calculation by calling it a bonus. Previously purchased volume without an expiration date does not expire merely because of a new version of these Terms. Its termination is subject to the binding terms of the relevant purchase and this procedure to the extent that the procedure validly applies. Lack of records does not entitle the Company to arbitrarily treat the remaining volume as zero or value it at the cheapest new rate.
12.5.6. If the Customer has not chosen a replacement or a monetary payout by the termination date, the Company may record the settlement amount in the dashboard as a separate refundable balance. That balance is not a non-refundable top-up under Section 9.1 and does not constitute a waiver of the Customer's monetary claim. The Customer may apply it to other services or request payment; Section 9.3 applies if payment is chosen. Where the law requires money to be returned without an additional request, within a specified period, or using the original payment method, the Company refunds it accordingly; a balance entry does not fulfill a monetary refund obligation or suspend the deadline. The fee under Section 10.2, the referral payout threshold, and the ordinary non-refundability of top-ups do not apply to this settlement. If the original payment route is unavailable, the Company requests the information needed for a lawful alternative. The Customer's silence does not make the balance the Company's property; mandatory rules on unclaimed funds remain applicable.
12.5.7. If the law prohibits the refund itself or requires funds to be blocked, the Company complies with that prohibition and the necessary reporting and authorization procedures. The funds do not become the Company's property; payment is made when legally permitted. A legal impediment to one transaction does not justify withholding other unaffected amounts. A replacement, account credit, or third party must not be used to circumvent the prohibition.
12.5.8. Amounts already returned through a bank, intermediary, or other channel for the same portion of an order are counted only once. A mandatory refund is not conditional on waiving lawful claims or withdrawing a good-faith complaint. Other claims of the parties are assessed under Sections 15 and 18 and applicable law; the refund itself is neither an admission of any alleged loss nor a general release from liability.
12.5.9. This Section establishes the procedure for possible future product discontinuations. These Terms taking effect does not, by itself, terminate any service; a particular discontinuation requires notice under Section 12.5.1. The applicability of new terms to orders already paid for is governed by Section 17.
12.6. During an investigation, the Company may temporarily restrict disputed funds or, where there is a substantiated risk to the entire account, access to the whole balance. Upon final account closure initiated by the Company, the unused purchased balance, amounts for unprovided portions of services, and payable referral commissions are calculated. Amounts lawfully due to the Company may be set off against them; in the event of a confirmed violation, the fee under Section 10.2 is applied once. The Customer is informed of the total and categories of deductions, with justification provided under Section 10.3. The unaffected remainder is paid subject to mandatory prohibitions and the deadlines in Section 9.3; no closure fee applies in the absence of a violation. Speculation about future losses does not justify holding the entire balance indefinitely. Voluntary closure by the Customer is governed by Sections 9.1–9.2 and 13.9 and does not, by itself, create a right to a refund of ordinary service credit.
12.7. After termination, access, IP assignments, and settings may be removed or reallocated. Retention, return, and deletion of personal data are governed by applicable law and the DPA within its scope. Data deletion is not deferred indefinitely merely because law enforcement might become interested in the data at some future time.
13 Resale and referral program
Resale
13.1. Resale requires prior written approval from Travchis LLC through an official ticket, email, or another official channel under Section 2.5. The approval specifies the permitted products and terms; a separate signed agreement is required if specified as part of the approval. The reseller must communicate the AUP to end users and ensure compliance to the agreed extent. Special pricing, financial arrangements, support, and complaint handling are governed by the agreed terms. Providing access to the Customer's own authorized users does not, by itself, constitute resale.
13.2. White-label arrangements do not authorize a reseller to represent itself as an employee or agent of the Company. A reseller's use of the ProxyWing brand requires separate permission. Permitted resale does not authorize an open anonymous gateway or circumvention of AUP prohibitions.
Referral program
13.3. Under the ProxyWing referral program, the commission is 10% of the price actually paid for the referred customer's purchase, after discounts and excluding refunded or reversed amounts; separate taxes and charges that are not part of the service price are excluded from the commission base. Funding an account balance does not, by itself, earn a commission; a subsequent valid service purchase using that balance is counted once. For example, a USD 100 top-up followed by a USD 60 service purchase earns a USD 6 commission for that purchase. At the participant's choice, payment is credited to their account balance for service purchases or made in USDT on BNB Smart Chain (BEP20). The Company pays the network transaction fee without deducting it from the agreed payout amount. The minimum threshold for an ordinary payout is USD 25 or its equivalent; final account closure is governed by Section 13.9. Payouts use a conversion ratio of USD 1 of referral balance to 1 USDT. Earned commissions are available for a payout request as soon as the threshold is reached, without an ordinary additional waiting period, subject to review of disputed commissions under Section 13.8. The participant must check the asset, network, address, and their authority to use the wallet. An ordinary payout is made within 30 calendar days after receipt of a request containing the necessary correct details, either by crediting the account balance or by sending USDT to the specified address. If necessary information is missing or incorrect, the Company identifies what must be corrected; the period runs from receipt of the corrected information. The Company does not control the time taken by the network to confirm a cryptocurrency transaction. Suspension of a related payout during a specific investigation is governed by Section 13.8 and mandatory law and does not justify arbitrarily delaying all payouts. The Company may not retrospectively reduce lawfully earned commissions by an undisclosed fee.
13.4. Participants may distribute their referral link and official banners from the affiliate dashboard on lawful platforms, subject to Section 14.6 and the platform owner's rights. All paid placements of referral materials, including on social media, Telegram channels, bloggers' platforms, and third-party websites, require the Company's prior written approval through official communication channels. Paid promotion without that approval is prohibited. Coupon websites and paid advertising on Google and other search engines are prohibited regardless of general approval for another channel. Also prohibited are placements in competitors' channels without permission, placements on platforms featuring subject matter prohibited by the AUP, spam, misleading claims of representation, false reviews and promises, self-referrals, and fictitious registrations. Participants must clearly disclose their commercial interest where required by applicable advertising rules. A non-compliant placement must be discontinued on request; commission adjustments are permitted under Sections 13.8–13.9, rather than as an automatic forfeiture of all earned amounts.
13.5. Only a new ProxyWing customer registering an account for the first time qualifies as a referral. An existing customer's additional account, repeat registration, self-referral, or artificial presentation of a previous customer as a new one does not qualify for commission. The identity behind a registration is assessed using available reliable information; a matching IP address alone does not establish abuse.
13.6. For attribution of a referral, the new customer must register through a referral link no later than 60 calendar days after following it. If visits through several referral links are recorded before registration, the last correctly recorded link within that period applies. Automatic matching of visits across devices and reconstruction of unrecorded attribution are not promised. These Terms do not permit circumvention of mandatory consent to tracking technologies; applicable privacy requirements remain in effect.
13.7. After a new customer attributed to a participant has properly registered, that customer's subsequent valid, fully paid orders and renewals earn commission under the program rules. Changes to the program apply under Section 13.10.
13.8. Commission accrues on a valid, fully paid order. A refund, payment reversal, invalid attribution, or proven fraud permits correction of the related commission; the related payout may be suspended during a substantiated investigation. The Company communicates the restriction or adjustment and an explanation to the extent it can be provided. Additional justification may be requested at legal@proxywing.com; internal anti-fraud materials, logs, and third-party information are not automatically disclosed. Mandatory disclosure and the ability to challenge the decision are preserved under Section 10.3. A violation does not result in automatic forfeiture of all lawfully earned commissions.
13.9. Upon voluntary final account closure initiated by the Customer, a referral balance below the ordinary USD 25 threshold is not paid out unless payment is required by law or previously applicable terms. Before closure, the Customer is informed of the remaining balance and the consequences of closure; the Customer may use available commissions for services or keep the account open. If the Customer then confirms final closure, the right to receive compensation for that amount ends to the extent permitted by law. Commissions that have reached the threshold are paid under Section 13.3. Upon final closure by the Company, lawfully earned commissions are included in the financial settlement regardless of the threshold; where a violation is confirmed, a single calculation under Sections 10.2 and 12.6 applies, without a duplicate fee. An amendment to this provision does not retrospectively extinguish accrued rights to payment; mandatory rules on unclaimed funds remain applicable.
13.10. The Company may, at its discretion, amend, suspend, or discontinue the referral program, including the rate, promotional methods, thresholds, and rules for future commissions. New rules are published on the website or in the affiliate dashboard and apply from the stated date to future activities and purchases; specific advance notice is not required unless required by law or a binding obligation of the Company. Changes do not cancel lawfully earned amounts or accrued rights. Where advance notice, consent, or a transition period is required, the applicable mandatory requirements and Section 17 apply. Participation as a reseller does not, by itself, generate referral commission on resale.
14 Intellectual property and data
14.1. The Company and its licensors retain their rights in the platform, software code, design, documentation, and brand. The user is granted a limited, non-exclusive license to install and use official free extensions and tools for their intended purposes and to use paid components within the scope of the order. Copies necessary for that use and for legally permitted backups are allowed. Without separate permission, distribution of copies, sale, sublicensing, creation of commercial derivative versions, appropriation of the brand, removal of proprietary notices, and circumvention of license restrictions are prohibited. Restrictions on decompilation and other activities are subject to rights that cannot be waived, including interoperability permitted by law; applicable open-source licenses for components remain in effect. The Company does not acquire rights in third-party data or unprotected facts merely because a tool has processed them. The AUP, prohibitions on abuse, and load restrictions apply. In the event of a violation, the Company may restrict the license and access proportionately to the grounds; termination of a paid order requires the procedure in Section 12. A free tool may be changed or its support discontinued with reasonable notice where necessary; this does not override separately paid commitments or mandatory user rights.
14.2. The Customer retains their rights in their own materials and data. The Customer grants the Company the rights necessary for transmission, technical processing, billing and settlement, support, troubleshooting, security, and protection of lawful rights when providing the services. Authorized employees may obtain necessary work-related access for these purposes, including without separate prior approval in an urgent incident, within the limits of applicable law and the DPA. This provision does not authorize arbitrary use of personal data for incompatible purposes of the Company's own or the independent sale of traffic contents.
14.3. Access through a proxy and the technical ability to retrieve materials do not create rights in those materials. The Customer is responsible for establishing lawful grounds for access to, collection, use, transfer, publication, and commercial exploitation of the data obtained, including its use to train, test, or operate artificial intelligence models. The Customer must respect applicable copyright, database rights, confidentiality, and personal data rights. The Company does not grant permissions on behalf of website owners, rights holders, or data subjects. Having rights in data does not override AUP prohibitions, including the prohibition on collection behind authentication.
14.4. Requests from authorities and complaints from rights holders are reviewed by checking authority, specificity, and the applicable basis. The Company may restrict traffic transmission, preserve necessary evidence, and disclose required information to the extent lawful. The Company does not promise to remove content from a third-party website it does not control.
14.5. The Customer must keep confidential the Company's non-public technical, commercial, and organizational information that is designated as confidential or is clearly confidential given its nature and the circumstances of disclosure, including individual commercial terms, non-public documentation, architecture, and security measures. The Customer may use it only to perform the Agreement, protect lawful rights, and comply with the law; must limit access to employees and advisers who need it and are bound by confidentiality obligations; and must apply reasonable safeguards. Information lawfully known beforehand, independently developed, lawfully received from third parties, or made public without a breach is excluded. Mandatory disclosure is permitted to the extent necessary, with advance notice to the Company where lawful and practicable. The obligation continues for as long as the information remains confidential. This provision does not prevent a lawful complaint, contact with a regulator, reporting a violation, or an honest review that does not unlawfully disclose protected secrets. The Customer's submission of materials does not, by itself, create a separate non-disclosure agreement binding the Company; the Company's obligations under law, the applicable DPA, and separate agreements remain in effect.
14.6. The Customer may use official logos and affiliate banners supplied by the Company to lawfully promote ProxyWing under these Terms. The license is limited, non-exclusive, does not permit independent sublicensing, and may be revoked prospectively; brand rights remain with the rights holder. False representations of official affiliation or endorsement, distortion of brand identifiers, unlawful advertising, defamation, and knowingly false statements are prohibited. Referral program placements are subject to Section 13.4. This permission does not restrict lawful quotation, good-faith reference to the brand, honest reviews, or lawful complaints, including negative opinions. A Customer that is a legal entity grants the Company non-exclusive, royalty-free permission to use its business name and its supplied or publicly available corporate logo in the “Our Customers” section and comparable Company materials solely to truthfully identify it as a customer. The Customer's representative confirms authority to grant that permission within the scope of the Customer's rights. The Company must not distort those identifiers, disclose non-public order information, or imply a recommendation, testimonial, or endorsement by the Customer. The permission does not extend to an individual's personal name, photograph, or testimonial; publication of a testimonial or detailed case study requires separate permission. The Customer may request an end to further use of its identifiers by contacting legal@proxywing.com; the Company will stop new placements and remove the identifiers from digital properties it controls within a reasonable period. Separately agreed confidentiality and mandatory legal requirements take precedence.
14.7. By voluntarily submitting ideas, suggestions, and feedback for product improvements, the Customer grants, to the extent of the rights they hold, a non-exclusive, worldwide, perpetual, royalty-free, transferable, and sublicensable license to use, reproduce, modify, incorporate into products, and distribute those suggestions without an obligation to implement them, provide attribution, or pay compensation, subject to applicable law. The license is irrevocable to the extent permitted by law. Unilaterally marking a suggestion as confidential does not, by itself, create a non-disclosure agreement unless the Company has separately accepted that obligation. This provision does not apply to transmitted traffic contents, the Customer's operational datasets, or materials provided solely for support; it does not override personal data protection or mandatory authors' rights.
14.8. The Company's general articles, instructions, and informational materials are not individualized legal, tax, or other professional advice and may not take the Customer's circumstances into account. This does not override agreed product specifications or mandatory pre-contractual information. The Customer must verify the website address and sender before disclosing access credentials or making payment and must use the official contact methods in Section 19. The Company is not responsible for independent fraudsters' actions merely because they have unlawfully used its name; liability for the Company's own breach is determined by law and Section 15.
15 Warranties and liability
15.1. To the extent permitted by law, services are provided on an “as available” basis. Except for expressly agreed specifications, the Company gives no implied warranty of fitness for a particular purpose, error-free operation, or achievement of a result. This provision does not override the obligation to provide a paid service or comply with mandatory law.
15.2. To the fullest extent permitted by law, the Company excludes liability for indirect and consequential losses, lost profits, loss of business opportunities, and reputational harm. Direct losses and mandatory remedies are assessed under applicable law and the requirement of causation.
15.3. Subject to Section 15.4, the Company's aggregate liability for claims relating to the Agreement is limited to the Customer's payments to the Company for services during the three months preceding the event giving rise to the claim, plus any earlier payments for the affected service's paid period in effect on the date of that event. Each payment is counted once. An active prepaid annual order is therefore not excluded from the calculation merely because of its payment date. For a free tool, the absence of payments does not exclude liability that may not lawfully be limited.
15.4. The exclusions and limits do not apply where limitation is prohibited by law, including liability for intentional misconduct, fraud, and other circumstances to the extent that such liability cannot lawfully be limited. They do not restrict mandatory data subject rights or safeguards under applicable SCCs. A lawful refund for an unprovided service is not counted against the cap on damages.
15.5. Where the Customer acts for business purposes, the Customer must indemnify the Company, its officers, and its employees for amounts awarded or agreed in accordance with Section 15.6 and necessary, reasonable defense costs, including attorneys' fees, in respect of third-party claims caused by the Customer's or its authorized users' breach of the Agreement, law, or third-party rights when using the services. Causation and documentary support are required. No indemnity applies to losses to the extent caused by the protected party's own breach or to penalties that may not lawfully be shifted to another party. This contractual obligation does not apply to consumers, whose liability is determined by applicable law. A direct dispute between the Company and the Customer is not a third-party claim.
15.6. The Company must promptly notify the Customer of a covered claim, provide available supporting materials, and take reasonable steps to mitigate costs. The Company may conduct its own defense and select qualified counsel; costs may be claimed only to the extent necessary, documented, and reasonable in light of the complexity and customary rates. The Customer may participate and object to unjustified costs. A settlement amount is chargeable to the Customer only with the Customer's prior written consent; without that consent, the Company may settle at its own expense. Double recovery is excluded. Costs of a direct dispute between the parties are determined by law and the court unless a separate valid provision expressly states otherwise. This arrangement does not require the Customer to pay any claim or any attorney's bill selected by the Company without scrutiny of its basis and amount.
16 Events beyond reasonable control and transfer of the Agreement
16.1. A party is excused from liability for delay to the extent directly caused by extraordinary events beyond its reasonable control, such as a natural disaster, hostilities, a binding prohibition imposed by an authority, or a widespread external communications or power outage. An ordinary resource shortage or preventable vulnerability does not become such an event merely because a supplier is involved. The party must take reasonable steps to mitigate the effects and provide notice.
16.2. If the inability to perform lasts more than 30 calendar days, either party may terminate the affected order. The prepaid, unperformed portion is subject to financial settlement under Section 12. This period does not restrict any earlier termination right under mandatory law.
16.3. The Customer may not transfer the Agreement or account to a third party without the Company's consent. To the extent permitted by law, the Company may transfer its rights and obligations under the Agreement, in whole or in part, to an affiliate or third party, including in connection with a business sale or reorganization, without separate Customer consent unless that consent is mandatory. If the contracting party providing the services is replaced, the Company will notify the Customer by email of the new party's details, the transfer date, and material consequences in advance or within another period prescribed by law. Transfer does not extinguish accrued obligations, mandatory termination rights, or applicable data protection requirements. A change in the members or owners of Travchis LLC without replacement of the contracting party is not a transfer of the Agreement and does not, by itself, require separate consent or contractual notice; mandatory legal requirements remain in effect.
17 Amendments and notices
17.1. The Company may amend these Terms, the AUP, and product-specific terms to reflect changes in law, security, features, infrastructure, and its commercial offering. The new version is published on the website with its version identifier and effective date. Registered Customers receive an electronic notice of the changes containing a link to the full text, the effective date, and the method for declining the changes. Typographical corrections that do not change rights or obligations may take effect upon publication. Amendments to the DPA are adopted in accordance with its own procedure.
17.2. For existing relationships, material changes are notified in advance within the mandatory statutory notice period or, if none applies, with reasonable time to review them and discontinue use. A Customer who does not agree may decline the new terms, cancel future renewal, and stop the affected use by the effective date. Continued actual use after that date and proper notice constitutes acceptance to the extent that acceptance by conduct is permitted by law. Silence, a remaining balance, or an automatic charge alone does not constitute such conduct. Where the law or contract requires separate consent, the Company obtains it before applying the change.
17.3. Changes do not operate retrospectively, increase the price of a period already paid for, or extinguish earned commissions or valid Customer claims. A material reduction in a paid product requires valid consent or termination under Section 12 with a refund for the unprovided portion. That financial settlement applies if the Customer rejects a material change and the Company does not continue the affected paid order on its existing terms. A change directly necessary to comply with the law or address an urgent threat may take effect immediately to the extent necessary, with as much advance notice as possible; mandatory Customer rights are preserved.
17.4. Legally significant Company notices are sent to the registered email address or by another individual method expressly provided in the relevant provision of the Agreement, in compliance with mandatory requirements as to form. Public announcements are used where expressly permitted by the Agreement and do not replace mandatory individual notice. The Customer must keep contact details current and contact the Company using the methods in Section 19. The website displays the current version, its effective date, and a means of saving the full text; an upcoming version may be posted in advance and identified accordingly. No publicly accessible archive of previous versions is maintained. The Customer may request a copy of the terms applicable to their order. The applicability of changes is determined by Sections 17.1–17.3.
18 Governing law and dispute resolution
18.1. The Agreement is governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules, to the extent permitted by mandatory law. This choice does not deprive a consumer of mandatory protections afforded by the applicable law of the country of their habitual residence.
18.2. In business-to-business relationships, the parties must send a written claim and attempt to resolve the dispute within 30 calendar days after its receipt. This does not prevent urgent interim relief or contact with a regulator and does not shorten a statutory limitation period. For consumers, this procedure is optional and is not a condition of access to courts or other mandatory remedies.
18.3. Disputes with Customers acting for business purposes are subject to the exclusive jurisdiction of the state courts of Delaware or the federal courts located in Delaware, provided the relevant court has subject-matter jurisdiction. Mandatory jurisdiction rules remain applicable to consumers; this provision does not require proceedings exclusively in the United States contrary to those rules. No mandatory arbitration or class-action waiver is imposed.
18.4. The invalidity of an individual provision does not invalidate the remaining valid provisions. Failure to exercise a right immediately does not waive that right. The Agreement and the documents expressly incorporated into it constitute the parties' agreement on their subject matter; this provision does not exclude mandatory pre-contractual information or rights. Provisions on lawful financial settlements, confidentiality, intellectual property, liability, and disputes survive termination to the extent necessary.
19 Contacts and language
19.1. The Company is Travchis LLC, United States, Delaware, 651 N Broad St, Suite 201, Middletown, 19709. Legal notices, claims, and contractual inquiries should be sent to legal@proxywing.com; reports of abuse, unlawful use, and AUP violations should be sent to abuse@proxywing.com. Official contact methods are also published on the contact page; support is available through the ticket system. The Company's registered agent in Delaware is Legalinc Corporate Services Inc., 131 Continental Dr, Suite 305, Newark, DE 19713, United States. The Company's address is the same as its registered agent's address. Legal process is served on the agent in accordance with law; technical support is provided through electronic channels. Listing electronic contacts does not alter mandatory rules on service of process or limit other legally available methods of contact. Personal data inquiries may be sent to legal@proxywing.com; the applicable DPA provisions remain in effect.
19.2. The primary language of the Agreement is English. If the Company provides translations, the English text prevails in the event of a discrepancy to the extent permitted by applicable law. Mandatory requirements concerning language, transparency of terms, and consumer protection remain in effect.
