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TERMS OF SERVICE

THESE TERMS OF SERVICE, TOGETHER WITH THE PRIVACY POLICY WHICH IS INCORPORATED BY REFERENCE TO THESE TERMS OF SERVICE, SET FORTH THE LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU (“CLIENT”, “THEY”, OR “THEIR”) AND INFATICA PTE. LTD. (“INFATICA” OR “US”, OR “OUR” OR “WE”) HEREINAFTER COLLECTIVELY REFERRED TO AS THE “PARTIES” AND EACH SEPARATELY REFERRED TO AS “PARTY”:

  1. This Agreement sets forth the terms and conditions under which INFATICA will provide proxy services including support and any accompanying services, features, content and applications (“Services”) to the Client under the Client’s requirements.
  2. By creating an account on https://infatica.io/ (“website”), the Client assumes all rights and obligations under this Agreement.
  3. The Client shall not have the authority to make any commitments whatsoever on behalf of INFATICA.

1. INFATICA RESPONSIBILITIES

  1. INFATICA shall provide the Client with the Services in accordance with the terms and conditions of this Agreement.
  2. INFATICA shall use commercially reasonable efforts to ensure that its proxy services are available for use by the Client on a 24/7 basis, except for scheduled maintenance or force majeure events beyond its control.
  3. INFATICA shall maintain and upgrade its proxy servers and related infrastructure as necessary to ensure that its Services are up-to-date and secure.
  4. INFATICA shall comply with all applicable laws and regulations regarding its Services, including those related to data privacy and security.

2. CLIENT’S RESPONSIBILITIES

2.1. General Responsibilities

  1. The Client may be required to pass compliance reviews such as Know Your Client verification and other measures. The Client shall cooperate with INFATICA in the performance of its obligations under this Agreement, including providing INFATICA with all necessary information and access to the Client’s systems and networks as reasonably required by INFATICA.
  2. The Client may not share its account privileges with anyone or knowingly permit any unauthorized access to the Services. The accounts of those involved will be disabled if sharing is detected.

2.2. Service-Specific Responsibilities

  1. The Client is responsible for the activity associated with their user account and must abide by the applicable laws (local, state, national, and foreign), as well as treaties and regulations in relation to their use of the Services and data privacy, international communications, and transmission of technical or personal data.
  2. An unauthorized use of the Client’s user account must be reported to INFATICA immediately.
  3. The Client may not use the Services in any manner that could damage, disable, overburden, or impair our servers or interfere with any other party’s use and enjoyment of the Services. The Client may not attempt to gain unauthorized access to any aspect of the Services or to information for which they have not been granted access via password mining or any other process.
  4. For safety purposes, the Client may be unable to access the following domains: .edu, .gov, and .mil when using the Services. Banking and financial institutions’ websites may also be inaccessible. The list of restricted domains (the Blacklist) is compiled by INFATICA at its discretion and may be changed at any time without further notice. To gain access to websites or domains from the Blacklist, the Client must send a request to INFATICA with the following information: purpose of using the website (domain) from the Blacklist. INFATICA may request additional information at its sole discretion. Within three 3 (three) business days from the receipt of the request, INFATICA will make a decision whether to provide access to the requested website (domain) from the Blacklist. INFATICA may refuse such provision without giving reasons. The Client is responsible for the activity associated with it’s access the domains or websites from the Blacklist and must abide by the applicable laws (local, state, national, and foreign), as well as treaties and regulations in relation to it’s use of the Services and data privacy, international communications, and transmission of technical or personal data. In no event shall INFATICA be liable for any direct, indirect, incidental, special, punitive, or consequential damages, or damages for loss of profits, revenue, data, or data use, incurred by the Client or any third party, whether in an action in contract or tort.

3. PRICING AND PAYMENT

3.1. General

  1. The Client will pay the service fee on a periodic basis and subject to terms and periods defined by the Pricing plan the Client has chosen. Unless otherwise stated, all fees due for the Services are payable on a prepayment basis on the first day of use of Services subject to the terms defined by the Pricing plan.
  2. Unless otherwise stated, access to the Services will auto-renew for the next month and the service fee will be debited automatically upfront according to Payment Method chosen by the Client for the next month until they elect to cancel their access to the Services.
  3. Taking into account the above-established payment mechanism for the Services, INFATICA is not obliged to issue monthly invoices to the Client.
  4. All purchases of the Services are final and non-refundable, except at our sole discretion.

3.2. Free Service Trial

  1. A Service Trial provides the Client full access to the Services for 7 (seven) business days or the amount of Traffic (1 GB) specified in the Trial description during the first purchase.
  2. Unless the Client cancels the Trial before its end period, or unless otherwise stated, their access to the Services will automatically continue and they will be billed the applicable fees for that Services using the Payment Method provided. All incurred charges are final and non-refundable, except at our sole discretion and in accordance with the rules governing the Services.
  3. If the Client decides they do not want to pay for the Services, they must cancel their subscription before the end of the Trial period. The Client may lose access as soon as they cancel or at the end of the Trial period. Once the Client has canceled the Trial, they cannot resume the Trial period even if it was not used for the entire duration of the offer.

4. REFUNDS AND REPLACEMENTS

INFATICA does not offer refunds for ISP Proxies and Datacenter Proxies once they have been purchased. ISP Proxies and Datacenter Proxies are provided on an “as-is” basis, and we do not replace proxies once they have been assigned. This includes proxies that may be banned or blocked due to user activity.

The only exception to the above is if a proxy fails to function due to a technical issue on the provider’s side. In such cases, INFATICA will provide a replacement proxy at no additional cost.

5. ISP & DATACENTER PROXY POLICIES

  1. INFATICA proxy program does not select proxies based on: ping, fraud score, blacklists, pixelscan, zip code, DNS location, or location mismatches on third-party sites (the location data aligning with ip2location.com only applies to datacenter and ISP proxies).

6. CONFIDENTIALITY AND SECURITY

INFATICA will keep all data submitted by the Client confidential. This pertains to our employees, representatives, consultants, contractors, or agents. INFATICA may disclose confidential information only to those of its employees and service providers who have to be so informed in order to ensure its proper evaluation.
The obligation to keep the Client’s data confidential does not apply in the following cases:

  • said data is already known to the public; or
  • said data must be disclosed by law, by any governmental or other regulatory authority, or by a court or other authority of competent jurisdiction. In this case, we will inform you of the requirement of that disclosure as soon as possible.
    Upon the Client’s first demand, INFATICA shall erase all electronic records of the confidential information, and shall so confirm to the Client in writing.

The confidentiality responsibility shall prevail as long as this Agreement is valid and for 2 (two) additional years.

7. DISCLAIMER OF WARRANTIES

  1. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
  2. INFATICA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  3. THE CLIENT ACKNOWLEDGES THAT THE USE OF THE SERVICES IS AT ITS SOLE RISK.

8. LIMITATION OF LIABILITY

  1. IN NO EVENT SHALL INFATICA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR DATA USE, INCURRED BY THE CLIENT OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. IN NO EVENT SHALL INFATICA’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY THE CLIENT HEREUNDER IN ONE (1) MONTH PRECEDING THE EVENT GIVING RISE TO LIABILITY.

9. TERM AND TERMINATION

  1. This Agreement shall be effective as of the date of signature by both Parties and shall be valid for twelve (12) months or by either Party upon written notice to the other party. Either Party may terminate this Agreement immediately upon written notice to the other Party in the event of a material breach of this Agreement by the other party.
  2. Should the Client terminate this Agreement, INFATICA reserves the right to retain 50% of the remaining (i.e. until the Agreement’s expiry date) Agreement value. Any termination of this Agreement shall not relieve Client of any obligation to pay any fees or other amounts accrued or payable under this Agreement prior to the effective date of termination.
  3. INFATICA reserves the right to terminate this Agreement immediately upon written notice to the Client if INFATICA determines, in its sole discretion, that Client is using the Services in a manner that violates applicable law or regulation, infringes on the rights of any third party, or is otherwise inconsistent with the terms of this Agreement.

10. INDEMNIFICATION

Indemnification by the Client. The Client shall indemnify and hold INFATICA free and harmless from any and all claims, damages, or lawsuits (including attorneys’ fees) arising out of intentional or negligent acts or omissions by the Client, its employees or agents.

11. TRADEMARKS

  1. During the term of this Agreement, the Client shall not have the right to indicate to the public that it uses INFATICA’s Services and to promote such Services under the trademarks, service marks, and trade names that INFATICA may adopt from time to time (“INFATICA’s Trademarks”) other than with the written consent of INFATICA. Nothing herein shall grant the Client any right, title, or interest in INFATICA’s Trademarks.
  2. Applications listed on https://infatica.io/ are from the Google Play™ Store, the Apple App Store®, the Amazon AppStore®, the Tencent App Store®, the Apple TV App Store®, the Amazon Fire TV®, and the Roku Channel Store® and all the rights belong to their respective owners. Android™ and Google Play™ are trademarks of Google Inc. App Store®, iTunes® and TV App Store® are trademarks of Apple Inc. Amazon®, Amazon AppStore® and Amazon Fire TV® are trademarks of Amazon Inc. Tencent® and Tencent App Store® are trademarks of Tencent Holdings Limited. Roku® and Roku Channel Store® are trademarks of Roku Inc. Any third-party trademark and/or logo displayed on this website, shall NOT be interpreted as any sponsorship, endorsement and/or affiliation with INFATICA.

12. GOVERNING LAW AND JURISDICTION

  1. This Agreement shall be governed by and construed according to the laws of Singapore. Any disputes arising out of or in connection with the Agreement not resolved by means of negotiations, shall be resolved in courts of Singapore.
  2. If the parties agree to alternate dispute resolution (ADR), such ADR will be held in Singapore.

13. MISCELLANEOUS

  1. This Agreement represents the entire understanding between the Parties with respect to the subject matter hereof.
    b. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent possible.
  2. INFATICA reserves the right to change, modify, add, or delete any of the terms and conditions of this Agreement with or without notice and without liability to the Client.
  3. INFATICA may use the Client’s name and/or logo in promotional materials and on INFATICA’s website.