Terms of Service

1.1. Agreement

These Terms of Service ("Agreement" or "Terms") constitute a legally binding agreement between you ("you", "your", "user", "client", or "end user") and Lightyear (Hong Kong) Co., Limited ("UtaProxy", "we", "us", or "our"), the owner and operator of UtaProxy and its website, including http://www.utaproxy.com/ (the "Website").

This Agreement governs your access to and use of our websites, proxy services, products, applications, application programming interfaces (APIs), and related information and content (collectively, the "Services").

1.2. Acceptance of Terms

By creating an account, purchasing our Services, accessing the Website, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

If you do not agree to these Terms, you must not access or use the Services.

1.3. Authority

If you are using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to this Agreement.

1.4. Changes to the Agreement

We may update or modify this Agreement from time to time to reflect changes to our Services, business practices, technology, or applicable legal requirements.

We will post the updated version on the Website and update the "Last Updated" date. Where we make material changes, we may provide additional notice through the Website, email, or other appropriate means.

The updated Agreement will become effective on the date stated in the revised version.

2.1. Eligibility

You must be at least 18 years old and legally capable of entering into this Agreement to register for or use our Services.

If you are using the Services on behalf of a legal entity, you represent that you have the authority to enter into this Agreement on its behalf.

2.2. Registration

To access certain Services, you may be required to create an account.

You agree to provide accurate, current, and complete information during registration and to keep such information up to date.

2.3. Account Security

You are responsible for maintaining the confidentiality of your account credentials and for activities conducted through your account.

You must notify us promptly at [email protected] if you become aware of unauthorized access to your account, loss of credentials, or any other security incident involving your account.

We are not responsible for losses resulting from your failure to maintain the security of your account credentials, except to the extent otherwise required by applicable law.

2.4. Account Information

We handle account and personal information in accordance with our Privacy Policy.

We do not sell personal information to third parties and may share information only as described in our Privacy Policy or as otherwise permitted or required by applicable law.

UtaProxy provides proxy and related data access services, which may include:

1. Rotating Residential Proxies
2. Static Residential Proxies
3. Unlimited Residential Proxies
4. Rotating Datacenter Proxies
5. Static Datacenter Proxies
6. Rotating Mobile Proxies
7. APIs and other related services

The specific features, technical specifications, locations, availability, pricing, bandwidth, connection limits, usage limits, and other conditions applicable to each Service are described on the relevant product or pricing page.

We may introduce, modify, replace, or discontinue products, features, or Service configurations from time to time. Where reasonably practicable, we will provide advance notice of material changes affecting an active Service.

4.1. Availability

We make reasonable efforts to maintain the availability and reliability of our Services. However, we do not guarantee that the Website or Services will always be available, uninterrupted, or error-free.

Services may be temporarily unavailable or restricted due to maintenance, upgrades, repairs, network conditions, security measures, infrastructure failures, third-party service interruptions, or circumstances beyond our reasonable control.

4.2. Service Changes

We may modify, add, remove, suspend, or discontinue features or products from time to time.

If we discontinue a Service that you are actively using, we will provide reasonable notice where practicable.

4.3. Your Equipment

You are responsible for maintaining the hardware, software, network connection, configurations, and other equipment necessary to access and use the Services.

We do not guarantee that the Website or Services will be completely free of bugs, vulnerabilities, viruses, or other harmful components.

You agree to use the Services only for lawful and legitimate purposes and in compliance with this Agreement and all applicable laws and regulations.

The following uses are prohibited:

5.1. Illegal Activities

You must not use the Services for unlawful activities, including fraud, theft, money laundering, unauthorized access to computer systems, identity theft, or other criminal activities.

5.2. Cyberattacks and Security Abuse

You must not use the Services to conduct, facilitate, or support:

1. DDoS or denial-of-service attacks;
2. brute-force or credential-stuffing attacks;
3. unauthorized vulnerability exploitation;
4. malware or ransomware distribution;
5. phishing or credential harvesting;
6. unauthorized access to systems, accounts, networks, or data;
7. scanning or probing intended to identify or exploit security vulnerabilities without authorization; or
8. attempts to bypass or defeat security controls.

5.3. Spam and Abuse

You must not use the Services for:

1. spam or unsolicited bulk communications;
2. phishing or fraudulent communications;
3. distributing malicious or deceptive content;
4. harassment, threats, or abuse;
5. automated activities that materially disrupt third-party services; or
6. activities that cause unreasonable harm to networks, systems, or other users.

5.4. Circumvention of Restrictions

You must not use the Services to circumvent or bypass authentication requirements, access controls, security mechanisms, rate limits, geographic restrictions, or other technical restrictions implemented by third parties without authorization.

5.5. Intellectual Property and Privacy Violations

You must not use the Services to infringe, misappropriate, or otherwise violate the intellectual property, privacy, publicity, or other legal rights of any person or entity.

5.6. Fraud and Misrepresentation

You must not use the Services to impersonate another person or organization, create fraudulent accounts, conduct deceptive transactions, or otherwise misrepresent your identity or affiliation.

5.7. Resale and Unauthorized Sharing

You may not resell, lease, sublicense, transfer, or provide access to the Services to third parties unless expressly permitted by your applicable Service plan or authorized by UtaProxy in writing.

5.8. Third-Party Platform Rules

Our Services may enable you to access third-party websites, platforms, applications, or online services.

You are responsible for ensuring that your activities on third-party services comply with applicable laws and the applicable terms and policies of those third parties.

UtaProxy does not guarantee that a proxy will be accepted or permitted by any particular third-party website or platform.

5.9. Enforcement

If we reasonably believe that your use of the Services violates this Agreement, our Acceptable Use Policy, applicable law, or creates a security, operational, or legal risk, we may investigate the activity and may suspend or restrict the affected account or Services.

Depending on the circumstances, violations may result in suspension or termination of the Services, without prejudice to any other rights or remedies available to us.

Any refund resulting from suspension or termination will be handled in accordance with our Refund and Cancellation Policy and applicable law.

The Services may rely on or interact with third-party infrastructure, payment providers, hosting providers, network providers, analytics services, or other third-party services.

Third-party services may have their own terms, privacy policies, technical restrictions, and availability requirements.

UtaProxy is not responsible for the availability, security, functionality, policies, or content of third-party services that are outside our reasonable control.

7.1. Fees

The prices and features applicable to our Services are displayed on the relevant pricing or product pages of the Website.

Prices are displayed in the currency indicated at the time of purchase and may be changed from time to time.

Price changes generally apply to future purchases or renewals and will not affect orders that have already been confirmed, unless otherwise required by applicable law.

7.2. Payment Methods

We accept the payment methods displayed on our checkout page, which may include credit cards, PayPal, cryptocurrency, and other third-party payment methods.

Payment processing may be subject to the terms and policies of the applicable payment provider.

7.3. Payment Terms

Unless otherwise stated, all applicable fees must be paid in full before the Services are activated or delivered.

You are responsible for applicable taxes, payment processing fees, currency conversion fees, or other charges that may apply to your transaction.

7.4. Invoices and Receipts

We may provide electronic invoices or receipts upon request, subject to applicable legal requirements and the payment method used.

7.5. Failed Payments and Chargebacks

If a payment fails, is reversed, charged back, disputed, or otherwise cannot be completed, we may suspend or restrict access to the affected Services until the outstanding payment issue is resolved.

If a chargeback is initiated without a valid basis, we reserve the right to investigate the transaction and take appropriate action, including suspending the associated account where permitted by applicable law.

7.6. Refunds

Refunds and cancellations are governed by our separate Refund and Cancellation Policy, which is incorporated into this Agreement by reference.

Unless otherwise expressly provided in that Policy or required by applicable law, fees are non-refundable.

Orders paid with cryptocurrency are non-refundable. Please review the Refund and Cancellation Policy carefully before completing a cryptocurrency payment.

8.1. Suspension or Termination by Us

We may suspend, restrict, or terminate your access to the Services, with or without prior notice where reasonably necessary, if:

1. you violate this Agreement or our Acceptable Use Policy;
2. your use of the Services creates a security, operational, legal, or reputational risk;
3. we reasonably suspect fraud, abuse, or unauthorized activity;
4. you fail to pay amounts when due;
5. your use of the Services may cause harm to our systems, third parties, or public networks;
6. we are required to do so by law or a governmental authority; or
7. we discontinue the relevant Service.

Where appropriate, we may provide you with an opportunity to remedy a violation before termination.

8.2. Termination by You

You may stop using the Services or request account termination by contacting us at [email protected].

Termination of your account does not automatically entitle you to a refund. Any refund will be handled in accordance with our Refund and Cancellation Policy and applicable law.

8.3. Effect of Termination

Upon termination or suspension, your right to access and use the affected Services will cease.

Any amounts properly due and payable before termination remain payable.

Provisions that by their nature should survive termination, including provisions relating to intellectual property, payment obligations, disclaimers, limitation of liability, dispute resolution, and other applicable provisions, will survive termination.

9.1. General Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

UTAPROXY DISCLAIMS WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH WARRANTIES CANNOT LAWFULLY BE EXCLUDED.

9.2. Service Performance

We do not guarantee that the Services will be uninterrupted, error-free, completely secure, or free from vulnerabilities, viruses, or other harmful components.

You are responsible for evaluating whether the Services are suitable for your intended use.

9.3. Third-Party Websites and Platforms

We do not guarantee that our proxies will work with any particular website, platform, application, or online service.

Third parties may block, restrict, detect, rate-limit, or otherwise limit proxy traffic at any time.

9.4. Results and Suitability

We do not guarantee that the Services will produce any particular business, financial, technical, marketing, scraping, SEO, or other result.

You are responsible for determining whether the Services are suitable for your intended purposes and for using them in accordance with applicable law and third-party requirements.

10.1. Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UTAPROXY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, DATA, GOODWILL, OR ANTICIPATED SAVINGS ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES.

10.2. Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UTAPROXY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO UTAPROXY FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10.3. Mandatory Legal Rights

Nothing in this Agreement excludes or limits any liability or rights that cannot lawfully be excluded or limited under applicable law.

Neither party shall be liable for any failure or delay in performing its obligations under this Agreement, except for payment obligations, where such failure or delay results from circumstances beyond its reasonable control.

Such circumstances may include, without limitation, natural disasters, fires, floods, earthquakes, epidemics or pandemics, war, terrorism, civil unrest, governmental actions, labor disputes, power failures, telecommunications failures, major network disruptions, cyberattacks, infrastructure failures, or shortages of materials or services.

The affected party will make commercially reasonable efforts to mitigate the effects of the event and resume performance as soon as reasonably practicable.

12.1. Our Rights

All intellectual property rights relating to the Website and Services, including software, source code, technology, content, designs, trademarks, logos, documentation, and other proprietary materials, are owned by or licensed to Lightyear (Hong Kong) Co., Limited.

Nothing in this Agreement transfers ownership of such intellectual property to you.

12.2. Limited License

Subject to your compliance with this Agreement and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services for their intended purposes.

12.3. Restrictions

Unless expressly permitted by applicable law or by us in writing, you may not:

1. copy or reproduce the Services;
2. modify or create derivative works from the Services;
3. reverse engineer or attempt to extract source code;
4. distribute, sublicense, lease, or resell the Services;
5. remove proprietary notices; or
6. use our trademarks or branding without authorization.

13.1. Privacy Policy

Our collection, use, storage, disclosure, and other processing of personal information are governed by our Privacy Policy, which is incorporated into this Agreement by reference.

By using our Services, you acknowledge that you have read and understood our Privacy Policy.

13.2. Personal Information Provided by You

If you provide personal information relating to another individual in connection with your use of the Services, you are responsible for ensuring that you have the appropriate legal basis, authorization, or other lawful basis required to provide such information to us and for us to process it for the relevant purposes.

13.3. Processing Roles

Where UtaProxy processes personal information in connection with the Services, the respective roles and responsibilities of UtaProxy and the relevant customer will depend on the nature of the processing and applicable law.

Where additional data processing terms are required by applicable law or agreed between the parties, the parties may enter into a separate Data Processing Agreement or other applicable data protection terms.

UtaProxy may feature customer names, brands, logos, or testimonials in marketing materials only with the customer's prior written consent.

14.1.

Customer names and brands may be referenced on our Website or included in case studies with prior authorization.

14.2.

Customer logos and trademarks will not be used without appropriate authorization.

14.3.

Customer references and testimonials will be presented accurately and will not be intentionally misleading.

14.4.

Customers may request removal of their name, brand, logo, or testimonial from our marketing materials by contacting [email protected].

We will review and, where appropriate, promptly honor such requests.

14.5.

We will not intentionally disclose confidential customer or account information as part of a marketing reference without the customer's authorization.

15.1. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China, without regard to its conflict of law principles.

15.2. Good-Faith Resolution

If you have a dispute or concern regarding the Services, you should first contact us at [email protected] and provide us with an opportunity to investigate and resolve the matter.

We will make reasonable efforts to resolve disputes through good-faith communication.

15.3. Jurisdiction

If a dispute cannot be resolved amicably, it shall be submitted to the courts of the Hong Kong Special Administrative Region, subject to any mandatory rights or protections available to you under applicable law.

16.1. Entire Agreement

This Agreement, together with our Privacy Policy and Refund and Cancellation Policy, constitutes the entire agreement between you and UtaProxy regarding the Services and supersedes prior agreements or understandings relating to the same subject matter.

16.2. Waiver

Our failure to enforce any provision of this Agreement does not constitute a waiver of our right to enforce that provision in the future.

16.3. Severability

If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

16.4. Assignment

You may not assign or transfer your rights or obligations under this Agreement without our prior written consent.

We may assign or transfer this Agreement in connection with a merger, acquisition, restructuring, financing, or sale of all or substantially all of our assets, provided that the assignee assumes the applicable obligations under this Agreement.

16.5. Relationship of the Parties

Nothing in this Agreement creates a partnership, joint venture, employment, fiduciary, or agency relationship between you and UtaProxy.

16.6. Headings

Section headings are provided for convenience only and do not affect the interpretation of this Agreement.

16.7. No Third-Party Beneficiaries

Except where expressly provided otherwise, this Agreement does not create any rights or benefits for third parties.

If you have questions, concerns, or requests regarding this Agreement or our Services, please contact us:

Company: Lightyear (Hong Kong) Co., Limited

Brand: UtaProxy

Website: http://www.utaproxy.com/

Email: [email protected]

Address: Workshop 60, 3/F, Block A, East Sun Industrial Centre, No. 16 Shing Yip Street, Kwun Tong, Kowloon, Hong Kong

The English version of this Agreement is the official and binding version.

Any translations are provided for convenience only. In the event of any inconsistency between the English version and a translated version, the English version will prevail.