Terms and Conditions

Last Updated: 10 August 2021

Introduction

Prior to visiting, using and/or browsing the website with the following address: https://mimicproxy.io (collectively and with all related services and activities, the "Service") managed by Mimic Services PTY LTD ("us", "we", or "our"), please read and check these Terms and Conditions ("Terms", "Terms and Conditions").

Adhering to and following these Terms and Conditions are required for visiting, browsing and using the Service. All visitors, users, customers and others who desire to visit, enter, browse or use the Service are bound by these Terms and Conditions. Users of the Service shall be referred to as "users," "you," "your," and other similar words. If you are visiting, browsing and/or using the Service on behalf of an organization, company or firm these Terms apply to the organization, company or firm, and you and the organization, company or firm warrant that you and the organization, company or firm have complete power to approve and enter into these Terms and Conditions, and your affirmation of these Terms and Conditions binds the organization, company or firm.

You abide by these Terms by browsing, using or visiting the Service. You do not have authorization to use the Service if you dispute with any element of the Terms.

Subscriptions

Expenses and additional conditions will be taken into account at the moment you subscribe to the Service; all such conditions are integrated as part of these Terms and Conditions. Certain elements of the Service are charged on a subscription basis ("Subscription(s)"). You will be charged in ahead of time on a repeating and periodic basis ("Billing Cycle"). Predicated on the sort of subscription plan you choose when acquiring a Subscription, billing cycles are either monthly or annually.

Except if you terminate your Subscription or we suspend or close your account, your Subscription will be automatically renewed at the conclusion of each Billing Cycle under the same circumstances. You can terminate your Subscription renewal at any time by visiting your online account management page or contacting our customer service at support@mimicproxy.io.

To complete your Subscription payment, you'll need a legitimate payment method, such as a credit card or PayPal. You agree to give complete and reliable billing information to us, including your full name, address, region, zip code, phone number, and a legitimate payment method. You automatically permit Mimic Services PTY LTD to bill all Subscription costs incurred via your account to any such payment methods by entering such payment details.

If automated charging fails for whatever reason, we will send you an online invoice with instructions on how to manually pay the entire amount due for the payment period stated on the invoice by a specific deadline. We retain the sole, absolute and complete right to terminate or cancel any account if a relevant payment is not received, or if payment difficulties are recurrent or if payment problems constitute Forbidden Activity (as outlined below).

Fee Adjustments

We have the absolute right to change the Subscription costs at any moment and at our exclusive, absolute and complete discretion. Any changes to Subscription fees will take effect at the conclusion of the existing Billing Cycle.

Any adjustment in Subscription rates will be communicated to you with sufficient advance notice to allow you to cancel your Subscription prior to the adjustment takes effect.

Ongoing use of the Service subsequent to the Subscription price adjustment takes effect signifies your consent to be charged the amended Subscription fee sum and your agreement of these Terms and Conditions.

No Refunds

We do not provide any refunds or replacements unless in exceptional circumstances. All sales are final.

Accounts

When you sign up with us, you represent and warrant that you are at least 18 years old, that the data you give us is reliable, complete, and the latest at all times, and that you have all legal permissions and power to give us such information and to enter into these Terms and Conditions on behalf of the applicable person or company. Your account on the Service may be immediately terminated if you provide incorrect, inadequate, or outdated data.

You are liable and responsible for keeping your account and password secure, including but not limited to limiting access to your PC and/or account. Whether your password is with us or a third-party provider, you consent to have liability for any and all behaviors or acts that happen under your account and/or password. If you become aware of a security violation or improper use of your account, you must tell us instantly.

Copyright Policy

Others' copyrights and intellectual property rights are respected by us. It is our policy to react to any accusation that Content on the Service violates on another individual's or company's copyright or other intellectual property rights ("Violation").

If you are a copyright owner, or permitted on behalf of a copyright owner, and think that a copyrighted work has been plagiarised in a way that constitutes copyright violations, please send an email to support@mimicproxy.io with the subject line "Copyright Violation" and provide a complete explanation of the alleged violation as provided below, under "DMCA Notice and Procedure for Copyright Violations".

DMCA Notice and Procedure for Copyright Violations

You may file a notice under the Digital Millennium Copyright Act (DMCA) by writing to our Copyright Agent and giving the following information (for more information, see 17 U.S.C. 512(c)(3)):

• an explanation of the copyrighted work that you allege has been violated, along with the URL (i.e., site address) of the location where the copyrighted work appears or a duplicate of the copyrighted work;
• identification of the URL or other specific location on the Service where the material that you allege is violating has appeared;
• a signature of the person permitted to act on behalf of the owner of the copyright interest, whether electronic or physical;
• your name, address, phone number, and email address; a declaration from you that the disputed use is not permitted by the copyright owner, its agent, or the law; and
• a declaration signed under penalty of perjury that the above information in your notification is correct and that you are the copyright owner or permitted to act on behalf of the copyright owner.

Our Copyright Agent may be reached at support@mimicproxy.io.

Intellectual Property Rights

We and our licensors own and control the Service, as well as its original content, features, and operation. Copyright, trademark, and other laws in the United States of America (USA) and other countries safeguard the Service. Without our prior written authorization, our trademarks and trade dress may not be utilized in conjunction with any product or service.

Any inquiries, opinions, recommendations, comments, feedback, or other material you send to us about the Website or Services ("Feedback") is non-confidential and becomes our exclusive property. We will hold the exclusive rights to Feedback, along with all intellectual property rights, and will be free to use and distribute it for any legal purpose, commercial or otherwise, without acknowledgement or remuneration to you. You hereby renounce all moral rights to any such Feedback and guarantee that any such Feedback is original to you or that you have the authority to submit it. You acknowledge that you will have no recourse against us if your Feedback is allegedly or really infringed upon or misappropriated.

Privacy Policy

Our Privacy Policy, which is authorized to enter and constitutes a part of these Terms, governs your use of the Service. Despite the fact that we backup data on a consistent basis, you are entirely liable for all data you submit or that pertains to any behavior you have performed using the Service. You agree that we will not be liable to you for any damage or contamination of such data, and you accept to waive any right of action you may have against us as a result of such contamination or damage.

Links to Other Websites

Our Service may give access to third-party websites or services that are not within our management.

We have no responsibility over, and takes no liability for, any third-party links or services, including their content, privacy policies, or practices. We make no representations or warranties about these organizations and persons or their websites.

You understand and accept that we are not responsible or liable, explicitly or implicitly, for any harm or loss caused or alleged to be caused by or in connection with the use of or dependence on any such material, goods, or offering services on or via any such third-party links or services.

You are responsible for reading the legal documents such as terms of service and privacy policy of such third-party links or services.

Forbidden Activity

If you engage in any “Forbidden Activity” while using any part of the Service, including any of our Proxies, your account may be suspended. The following are examples of forbidden activity:

• Spamming
• Using a PC or a website without permission or in excess of permission.
• Scanning for ports or vulnerabilities, as well as brute-forcing passwords.
• Viruses, adware, and spyware of any type are distributed.
• In conjunction with your use of the Service, you have broken the law.
• Signing up to a different account subsequent to us canceling or banning your account
• Any other behavior that obstructs or has the effect of obstructing the functioning of our Service, or that is used for an inappropriate purpose.

We maintain the absolute, sole and full right, in our sole discretion, to restrict or cancel your account for any violation of our Service or any misbehavior by you in accordance with these Terms and Conditions.

Suspension / Termination of Accounts

We may, in our sole discretion, cancel or restrict your account and deny you access to the Service without advance notification or responsibility, for any cause and without restriction, including but not limited to a violation of these Terms.

We may deactivate or cancel your account for any of the following reasons, without limitation:

• Using any unauthorized or incorrect payment method in accordance with your use of, or payment for, the Service.
• Acting in any of the Forbidden Activity stated above.

If your account is suspended by us, you may contact us at support@mimicproxy.io and provide us with any information you feel is relevant to the restriction. We have the sole and absolute right to make all decisions regarding the restriction of any account.

If we restrict an account and later reinstates it, the term of the Subscription in effect will be prolonged for the duration of the restriction.

You can simply stop using the Service if you want to close your account

All sections of the Terms that, by their nature, should survive termination, such as ownership provisions, warranty disclaimers, indemnification, and liability limits, shall survive termination.

Indemnification

You accept to defend, indemnify, and hold harmless Mimic Services PTY LTD, and its licensees and licensors, and their employees, suppliers. independent contractors, affiliates and directors, from and against any and all allegations, harms, responsibilities, injuries, obligations, charges or loans, and fees (including but not limited to legal costs) in consequence from or arising out of a) your use and visit of the Service.

Limitation of Liability

It is important to emphasise that we will act to the best of its capability, capacity and knowledge to perform our responsibilities under these Terms and Conditions as best as reasonably possible by us, but we cannot be liable for any injury, harm, loss, loss of revenue/profits, damage or anything else that occurs while you are visiting, browsing or using the Service.

Disclaimer Warranties

Everything within the Service is provided on an “as is” basis. We are not responsible for how you use the Service across the internet on your device and the content of the Service may have inaccuracies, errors and/or typographical errors.

No Agency

Nothing in this Agreement shall establish or be construed to constitute any joint venture, agency, or partnership arrangement between us and you. You shall not represent yourself as having any such relationship with us.

Governing Laws and Jurisdiction

These terms and conditions are governed by the laws of Australia and the participants consent to the exclusive jurisdiction of the courts of Australia. Using the Service in areas where the Service is unlawful, is strictly forbidden and you should comply with all local laws when using the Service outside of Australia.

General Provisions

We have the right to make changes to these Terms and Conditions at any time. The most recent version of these Terms and Conditions will be posted online on the website.

We will not be responsible to you if we fail to execute our duties under these Terms and Conditions due to any cause beyond our immediate control.

Our inability to assert or execute our rights, or to provide any forbearance, delay, or indulgence, shall not be interpreted as a waiver of such rights under these Terms and Conditions or otherwise.

These Terms and Conditions constitute the whole agreement between the Parties concerning the subject matter.

If any of the provisions in these Terms and Conditions are found to be illegal, invalid or unenforceable, the rest of these Terms and Conditions survives and continues to be valid, if necessary.

You may print and retain a copy of these Terms and Conditions for your records.

If you need to get in touch with us for any reason, please do so by sending an email to: support@mimicproxy.io