Terms & Conditions

1) SCOPE OF APPLICATION

1.1. These General Terms and Conditions (hereinafter referred to as “GTC”) govern the contractual relationship between the Mobile Proxy Germany, represented by Adriaan van Veen, Am Brabrinke 14, 30519 Hannover, Germany (hereinafter referred to as “Mobile Proxy Germany”) and its contractual partners in the form of end customers (hereinafter referred to as “users”). They shall apply in their current version at the time of the conclusion of the contract. For resellers (“Resellers”), deviating GTCs apply, which can be accessed at https://www.germanproxy.io/terms-and-conditions-for-resellers

1.2. If the user has obtained services offered by Mobile Proxy Germany through an authorized reseller, the provisions of these GTC shall apply between Mobile Proxy Germany and the user, with the exception of the provisions under clauses 2.3., 3., 4., 5., 6.1., 6.2., 6.3., 10., and 11.

1.3. Mobile Proxy Germany reserves the right to change these GTC, even for ongoing contractual relationships, if this becomes necessary due to changes in the legal situation, supreme court rulings or market conditions. In this case, the user will be informed about the planned changes by e-mail. The GTC will be attached to the e-mail, highlighting the planned changes. The user has the option to object to the planned changes within 14 days of receipt of the e-mail. If the user does not make use of the option to object within the period, the changes shall be deemed to have been tacitly accepted. This legal consequence will be expressly pointed out to the user in the corresponding e-mail. If the user objects to the changes, Mobile Proxy Germany shall be entitled to terminate the contract prematurely for cause.

1.4. Deviating GTC of the User shall not apply to the concluded contracts, even if Mobile Proxy Germany has not expressly objected to them.

1.5. If the parties reach agreements that deviate from these GTC, these shall take precedence over the provisions of these GTC in case of doubt. Deviating agreements must be made in text form to be effective.

2) SUBJECT OF THE CONTRACT

2.1. Mobile Proxy Germany is a provider of mobile data switching services in the form of so-called proxy services against payment. After conclusion of the contract and payment of a usage fee, the user shall be granted access to the proxy service of Mobile Proxy Germany (hereinafter referred to as “service”). This gives the user the opportunity to connect to the Internet via a mobile proxy server.

2.2. The functional scope of the service results from the respective current service description, available at https://www.germanproxy.io.

2.3. The concrete scope of services (speed of data transmission, transmission standard, data volume, IP rotation and number of permitted users) depends on the product selected by the user and results from the information on the website at https://www.germanproxy.io (hereinafter referred to as the “Website”).

3) CONCLUSION OF CONTRACT

3.1. If the user obtains access to the service via an authorized reseller, the contract between Mobile Proxy Germany and the user is concluded by activating or using the service. Otherwise, the contract is concluded via the website.

3.2. The presentation of Mobile Proxy Germany’ services on the website merely constitutes a non-binding invitation to visitors to the website to submit an offer to Mobile Proxy Germany to conclude a contract. The submission of the order on the website by clicking on the button “order with costs” constitutes a binding offer to conclude a purchase contract on the part of the visitor.

3.3. Mobile Proxy Germany confirms the receipt of the order immediately by an automatically generated e-mail (“confirmation of receipt”). This message does not yet constitute an acceptance of the offer to conclude a contract. An effective contract shall only be concluded upon receipt of another e-mail (“Order Confirmation”). With the order confirmation, Mobile Proxy Germany also provides the user with all information essential for the contract.

4) USER ACCOUNT, REGISTRATION

4.1. The user has the option to create a user account by clicking on the “register” button. Registration is purely voluntary in order to simplify future orders. However, the order is also possible without registration (“guest order”).

4.2. The registration itself is free of charge. There is no right to registration. Mobile Proxy Germany is entitled to make registration subject to further requirements (e.g. verification of registration data). The user is obliged to provide proper and accurate information during registration.

4.3. The personal data stored during registration are saved by Mobile Proxy Germany so that the user can log in again at any time with his access data.

5) ORDERING PROCESS

5.1. The user can select the desired items for booking by placing them in the shopping cart by clicking on the corresponding button. To complete the order, the user must select the shopping cart to be guided through the rest of the ordering process. In the shopping cart, the user can change the desired number of items or completely remove the selected items at any time.

5.2. If there are items in the shopping cart, clicking on the “continue” button first takes the user to a page where he can enter his data and then select the shipping and payment method. The content of the input fields can also be corrected later by selecting the appropriate step or by clicking the “edit” button. To cancel the ordering process completely, the browser window can be closed or the website exited.

5.3. After entering all the necessary order and address data, clicking the “continue” button opens a page on which the main item details, including any costs incurred, are summarized once again. Up to this point, the user can correct his entries or refrain from declaring the contract.

6) SERVICE LEVEL, MAINTENANCE

6.1. Mobile Proxy Germany endeavors to provide its users with a service that is as uninterrupted as possible. Mobile Proxy Germany guarantees the user an average availability of the service of 95% on a monthly average (hereinafter referred to as “guaranteed availability”). The relevant period for the calculation is the respective calendar month.

6.2. When calculating the actual availabilities, downtimes that cannot be attributed to Mobile Proxy Germany are considered available times. These harmless downtimes are

6.2.1. unforeseen necessary maintenance work, if such work was not caused by a breach of Mobile Proxy Germany’ obligations to provide the Services (force majeure, in particular unforeseeable hardware failures, strikes, natural events, etc);

6.2.2. Downtime due to malware attack or hacker attacks, as far as Mobile Proxy Germany has taken the usual protective measures;

6.2.3. Downtime for applying urgently needed security patches;

6.2.4. Downtimes caused by third parties, in particular interruptions of the mobile data network caused by the network provider.

6.3. If Mobile Proxy Germany falls short of the guaranteed availability in a month, the user shall be entitled to a (partial) refund of the user fee for that month, provided that the user was specifically affected by an interruption and proves this to Mobile Proxy Germany. The partial reimbursement shall be based on the severity of the shortfall of the guaranteed availability as follows:

Availability in monthly average Partial refund

90 – 94,99 % 25 % refund
80 – 89,99 % 50 % refund
50 – 79,99 % 75 % refund
00 – 49,99 % 100 % refund

6.4. Scheduled maintenance work that results in an interruption of service will usually be performed by Mobile Proxy Germany on Sundays.

6.5. The user has the obligation to notify Mobile Proxy Germany of any impairment of availability. Mobile Proxy Germany shall endeavor to remedy the impairments without undue delay. A claim for restoration of availability does not exist insofar as the guaranteed availability is ensured.

7) SUPPORT

7.1. In case of problems or questions related to the service, the user can contact the support of Mobile Proxy Germany. This can be reached by e-mail at [email protected] and via the messaging service Telegram, a service of Telegram FZ-LLC based in Dubai.

7.2. Mobile Proxy Germany endeavors to process support requests as quickly as possible. On the part of the user, however, there is no right to a response to his request within a certain time.

8) USER OBLIGATIONS AND RIGHTS

8.1. In principle, only the user himself is entitled to use the service. In the case of booking a product that is intended for use by several users, the user may allow other persons to use the service. In this case, the User must ensure that the other persons also observe the obligations imposed on the User by these GTC. The specified maximum number of users may not be exceeded. At the request of Mobile Proxy Germany, the user shall immediately provide information on the persons to whom he has granted access to the service. If the User allows unauthorized persons to use the Service, the User shall be liable to Mobile Proxy Germany without limitation for all resulting damages and shall indemnify Mobile Proxy Germany against all resulting claims asserted by third parties against Mobile Proxy Germany.

8.2. The user undertakes not to misuse the service. He undertakes to refrain from activities in connection with the use of the service that violate applicable law, infringe the rights of third parties or violate the principles of the protection of minors. In particular, the user assures not to commit any criminal acts by using or aiding the service.

8.3. The User is strictly prohibited from using programs, algorithms or other software in connection with the use of the Service that may interfere with the functioning of the Service. In particular, he/she may not take any measures that may result in an unreasonable or excessive load on the infrastructure of the Service or interfere with it in a disruptive manner.

8.4. The user must keep his access data, including the password, secret and ensure that they are not accessible to unauthorized third parties. This includes in particular the selection of a secure password (at least eight characters consisting of uppercase letters, lowercase letters, numbers and special characters). It is the user’s responsibility to ensure that the service is used exclusively by authorized persons via their user account.

8.5. The User undertakes to provide Mobile Proxy Germany with all information truthfully. If the data provided changes during the term of the contract, the User shall notify Mobile Proxy Germany thereof without undue delay or, in the event of the existence of a user account, shall immediately change the data stored in its user account.

8.6. To enhance the safety of our users and combat fraud, Mobile Proxy Germany restricts access to specific websites known for a higher incidence of fraudulent activities. Consequently, users will not be able to access kleinanzeigen.de through our service. This measure is part of our commitment to prevent fraud.

9) FREE TRIAL PERIOD

9.1. Users have the option to use the service once free of charge for a period of 10 minutes from activation. The service has the same scope of functions during the test phase. To use the free trial period, the user must select the corresponding product on the website.

9.2. Each user may use the free trial period only once. It is expressly not permitted to use the trial period more than once.

9.3. There is no legal claim to the use of the test phase. Mobile Proxy Germany reserves the right to exclude users of the test phase from using the service at any time without justification or to discontinue the possibility of test use altogether.

10) USAGE FEE, ACTIVATION, RENEWAL

10.1. A usage fee is charged for the use of the service, the amount of which depends on the selected usage period. The usage fee is to be paid by the user in advance.

10.2. The service shall be activated for the user only after Mobile Proxy Germany has received or credited the usage fee for the selected usage period. The activation takes place within 24 hours after receipt of the usage fee by Mobile Proxy Germany.

10.03. At the end of the selected usage period, the user’s usage option is automatically withdrawn again. However, the user has the option to extend the usage period at any time by placing a new order via the website. Provided that the usage fee is received by Mobile Proxy Germany or credited to Mobile Proxy Germany prior to the expiry of the previous usage period, the User may continue to use the Service without interruption. Mobile Proxy Germany will notify the User of the expiration of the current usage period by e-mail a few days or a few hours before the expiration of the usage period, depending on the usage period selected.

10.4. Refunds for usage fees are not granted in cases where the reason for the request is based on the restriction or blocking of access to kleinanzeigen.de, as outlined in section 8.6. This policy is in place to uphold our commitment to fraud prevention and the protection of our users.

11) PRICES, PAYMENT

11.1. The prices stated on the website are in dollars and include the statutory sales tax. The prices stated on the website at the time of the order shall apply.

11.2. The User can choose between the following payment methods:

– Crypto currencies (i.e. USDT, BTC, ETH, LTC).
– Credit cards (VISA, Mastercard)
– PayPal

11.3. Mobile Proxy Germany shall automatically arrange for any repayments to be made to the means of payment used by the User for payment or to the associated bank account.

12) CONTRACT PERIOD, TERMINATIONS

12.1. The contract period is determined

12.1.1. after the period of use selected by the user on the website or

12.1.2. if the User has purchased access to the Service through an authorized Reseller, according to the usage quota purchased by the Reseller and is between 1 and 365 calendar days. Ordinary termination during the term of the contract is excluded.

12.2. This shall not affect the right to extraordinary termination for good cause. An important reason entitling Mobile Proxy Germany to extraordinary termination exists in particular if

12.2.1. the user repeatedly violates any obligation arising from these GTC or

12.2.2. the user violates an obligation from section 8.1., 8.2. or 8.3. of these GTC.

13. DISCLAIMER / LIMITATION OF LIABILITY

13.1. Mobile Proxy Germany shall be liable without limitation for intent and gross negligence. For simple negligence Mobile Proxy Germany shall only be liable for damages arising from

13.1.1. injury to life, body and health,

13.1.2. the breach of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the contractual partner regularly relies and may rely),

13.1.3. the violation of provisions of the General Data Protection Regulation (GDPR) as well as

13.1.4. the violation of provisions of the Product Liability Act (ProdHaftG).

13.2. In the event of a simple negligent breach of essential contractual obligations, the liability of Mobile Proxy Germany is limited to the amount of the foreseeable, typically occurring damage.

13.3. Otherwise, the liability of Mobile Proxy Germany is excluded.

13.4. The above limitations of liability shall also apply in favor of the legal representatives and vicarious agents of Mobile Proxy Germany.

14) DATA PRIVACY, UNENCRYPTED COMMUNICATION

14.1. Mobile Proxy Germany will process the User’s personal data in accordance with the statutory provisions on data protection – in particular the General Data Protection Regulation (DSGVO).

14.2. Communication between Mobile Proxy Germany and the user is preferably carried out digitally via unencrypted communication channels (esp. conventional e-mails), which offer less confidentiality and security than encrypted communication channels.

15) FINAL PROVISIONS

15.1. The contractual relationship shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

15.2. Should individual provisions of these GTC including this provision be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions.

15.3. If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from and in connection with contracts concluded under these GTC shall be the registered office of Mobile Proxy Germany.