Terms of Service

1) Acceptance of Terms

These Terms of Service (“Terms”) form a binding agreement between you and TCPNIX (“TCPNIX,” “we,” “us,” or “our”) governing your access to and use of our websites, dashboards, APIs, proxy network, software, and related services (collectively, the “Services”). By creating an account, integrating our endpoints, or using the Services, you agree to these Terms and our Privacy Policy. If you are entering into these Terms on behalf of a company, you represent that you have authority to bind that entity.

2) Eligibility & Accounts

• You must be at least 16 years old and legally capable of forming a contract in your jurisdiction.
• You are responsible for the security of your account, credentials, API keys, and all activity under your account.
• You must provide accurate account, billing, and compliance information and keep it up to date.

3) Services; License & Fair Use

• Subject to these Terms, TCPNIX grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Services for your lawful business purposes.
• You must comply with documented rate limits, concurrency limits, bandwidth quotas, and any additional plan-level constraints.
• We may throttle, filter, or block traffic to protect network integrity, mitigate abuse, and comply with law.

4) Acceptable Use & Prohibited Activities

Using TCPNIX for any illegal, harmful, or abusive purpose is strictly prohibited. You must not, and must not allow others to:

• Violate any applicable laws or rights of third parties; engage in fraud, identity theft, evasion of sanctions/export controls, or money laundering.
• Send spam, unsolicited messages, credential-stuffing, or perform unauthorized penetration testing or scraping where prohibited by a site’s terms/robots/technical measures.
• Distribute malware, attempt to gain unauthorized access, or interfere with networks, devices, or services.
• Target high-risk categories such as banking sessions, government systems, healthcare PHI, or other regulated data without prior written authorization.
• Misuse residential/mobile IPs (if applicable), rotate to bypass anti-abuse controls, or intentionally degrade IP reputation.

We reserve the right to immediately suspend or terminate accounts engaged in prohibited activities.

5) Data, Privacy, and Logs

• We process personal information per our Privacy Policy and applicable laws (e.g., GDPR, CCPA, PIPEDA).
• Traffic Content: We do not store the content of your proxied requests/responses. Minimal metadata (e.g., timestamps, bandwidth, authentication) may be processed for billing, abuse prevention, and reliability, and is retained only for limited periods.
• You are responsible for any personal data you process through the Services and for providing necessary notices and obtaining required consents from data subjects.

6) Billing, Trials, Refunds, & Taxes

• Fees: Charges are based on your selected plan, data transfer/GB, concurrent sessions, and add-ons. You authorize us to charge your payment method for recurring fees and overages.
• Trials/Credits: Free trials or credits (e.g., promotional $5) are for evaluation, may be revoked for abuse, and have no cash value.
• Refunds: Unless required by law, all payments are non-refundable. If we materially fail to provide core functionality for >24 consecutive hours (excluding scheduled maintenance, force majeure, or customer-side/network issues), contact [email protected] for a good-faith service credit review.
• Taxes: Prices exclude applicable taxes, duties, and levies, which you are responsible for paying.
• Chargebacks: Filing a chargeback without first contacting us may lead to immediate suspension.

7) Service Levels, Maintenance & Support

• Availability: We aim for high availability across regions. Actual uptime may vary by upstream providers.
• Maintenance: We may perform scheduled or emergency maintenance; reasonable efforts will be made to minimize disruption.
• Support: Email/ticket support is available for paid plans. Priority levels and response targets may vary by plan.

8) Third-Party Services & IP Reputation

• The Services may route through third-party networks and datacenters. Their terms and policies may apply in addition to these Terms.
• Target websites may block, rate-limit, or challenge proxied traffic. We do not guarantee access to any particular site, API, or service.
• We actively manage IP reputation but do not warrant that any exit IP will remain unblocked or unflagged by third parties.

9) Security & Customer Responsibilities

• We implement industry-standard safeguards for our platform.
• You must safeguard your credentials, rotate API keys when personnel change, and restrict usage to authorized systems.
• You are responsible for secure client configurations, egress filtering, and compliance with your own customers’ requirements.

10) Compliance, Export & Sanctions

• You represent and warrant that you are not located in, under the control of, or a national/resident of any country or entity subject to sanctions (including embargoed regions) and that you are not a denied party.
• You will not use the Services contrary to export control laws of Canada, the United States, the EU, the UK, or other applicable jurisdictions.

11) Beta & Trial Features

• Beta/preview features may be offered “as is,” may be modified or discontinued without notice, and are excluded from any SLAs.

12) Intellectual Property

• All rights, title, and interest in and to the Services (including software, documentation, and branding) are owned by TCPNIX or its licensors.
• These Terms do not transfer to you any ownership rights in the Services or underlying infrastructure.
• Feedback you provide may be used by us to improve the Services without restriction or obligation.

13) Suspension & Termination

• We may suspend or terminate your access immediately for violations of these Terms, suspected abuse, non-payment, security risks, or legal requests.
• You may terminate at any time by cancelling your plan and ceasing use of the Services. Fees already incurred remain payable.
• Upon termination, your license ends and access to network resources will be disabled. Certain sections survive (e.g., Billing, IP, Disclaimers, Liability, Governing Law).

14) Indemnification

You will defend, indemnify, and hold harmless TCPNIX and its affiliates, officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to your use of the Services, your content or traffic, or your violation of these Terms or applicable law.

15) Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, TCPNIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT THEY WILL MEET YOUR REQUIREMENTS.

16) Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TCPNIX AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO TCPNIX FOR THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

17) Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including but not limited to internet outages, DDoS attacks, power failures, labor disputes, fires, floods, acts of God, war, terrorism, governmental actions, or pandemics.

18) Governing Law & Dispute Resolution

• These Terms are governed by the laws of the Province of Québec and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles.
• For customers domiciled outside the EU/UK: disputes will be resolved exclusively in the courts located in Montréal, Québec, Canada, and you consent to personal jurisdiction there.
• Nothing prevents either party from seeking injunctive or equitable relief for breach of confidentiality, IP infringement, or security incidents.

19) Changes to the Services or Terms

We may modify the Services or these Terms from time to time. Material changes will be posted to our site or dashboard. Continued use after changes take effect constitutes acceptance. If you do not agree, you must stop using the Services.

20) Miscellaneous

• Entire Agreement: These Terms, along with any order form, Acceptable Use rules, and our Privacy Policy, constitute the entire agreement.
• Severability: If any provision is unenforceable, the remaining provisions will remain in effect.
• No Waiver: Failure to enforce any provision is not a waiver of rights.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign to an affiliate or in connection with a merger, acquisition, or asset sale.
• Notices: Legal notices to TCPNIX must be sent to [email protected]. Notices to you may be sent to your account email or posted in the dashboard.