Terms of Service

1. General Provisions and Definitions

1.1 Company Details: Devopsflare LLC, registered in 30 North Gould Street, Ste R Sheridan, WY 82801 USA (hereinafter referred to as the "Company"), acts as the primary service provider under this Agreement.

1.1.1 Outsourcing: The Company may enlist other entities, such as affiliated group companies or third-party service providers, to ensure seamless service provision to clients. In such cases, the Company remains the principal service provider.

1.2 Client Definition: Anyone using the Company's services or systems is considered a client under this Agreement (referred to as the "Client" or "You"). Clients may be individuals or legal entities represented by individuals.

1.2.1 Eligibility: The Company's services are exclusively offered to legal-age individuals. Both natural persons and representatives of legal entities must ensure their eligibility.

1.2.2 Authorization: The Company's services are provided only to duly established legal entities. Representatives of such entities using the Company's services must ensure they possess the necessary authorization.

1.3 Service Description: The Company provides various IP address proxy infrastructure solutions, including internet connection IP addresses and access to data gathering and proxy management solutions (referred to as the "Services"). These Services are accessible through the website www.waveproxy.com (referred to as the "System").

1.3.1 Service Listing: A detailed list of available Services is provided within the System.

1.3.2 Service Changes: The Company reserves the right to periodically modify the list of Services without prior notice to the Client.

1.3.3 Service Usage: Clients are entitled to use specific Services for which they have fully paid, only for the paid duration.

1.3.4 Global Accessibility: Company Services and the System are globally accessible, subject to regional regulatory limitations. Clients must ensure the legality of accessing the System and using the Services in their respective locations.

1.4 Agreement Acceptance: By creating an account within the System and utilizing any Services, you agree to adhere to this Agreement and any other relevant rules governing the Services/System. Your usage signifies acknowledgment and understanding of this legally binding agreement between you, as the user, and the Company, as the service provider.

1.5 Agreement Commencement: This Agreement becomes fully effective upon signing up within the System by creating an account (as outlined in Clause 2). The rules of this Agreement are also applicable to System use prior to/without account creation, including those outlined in the Privacy Policy and Acceptable Use Policy.

1.6 Contact Information: Clients can reach the Company via the popup chat box, question box in the "About Us" section within the System, or by emailing [email protected]. For matters concerning this Agreement, email communication is recommended.

1.7 Agreement Modification: The Company reserves the right to unilaterally modify and/or update the Agreement at any time without notice. Continued use of the Services by the Client constitutes acceptance of the most recent version of the Agreement. Clients are encouraged to periodically review the Agreement, available at https://waveproxy.com/terms-of-service/.

1.8 Personal Data Processing: By agreeing to this Agreement, you consent to the processing of your personal data by the Company as necessary for Agreement performance. Upon creating an account (as per Clause 2), you grant permission for your personal data processing for direct marketing and advertising purposes.

1.9 Agreement Disagreement: If you disagree with any terms of this Agreement, you must refrain from using or immediately cease your use of the System, its features, and functionalities.

2. Creating an Account

2.1 Registration Process: To access the Services, you must register within the System by completing the registration form at https://customer.waveproxy.com/signup/ and providing required information and confirmations. Once completed, you'll gain access to your user account (referred to as the "Account").

2.2 Cookie Usage: Upon using the System, clients must allow cookie usage by adjusting preferences or allowing all cookies. It's essential to review the Company's cookie terms and conditions in the latest Privacy Policy available at https://waveproxy.com/privacy/.

2.3 Registration Details: When filling the registration form, clients must provide personal information, company name (if applicable), valid email address, phone number, country of residence, unique password, Service requirements, and agree to the Agreement and Privacy Policy.

2.4 Agreement Acceptance: Clients must accept the Agreement, Privacy Policy, and any other applicable rules. The Company may request identity verification or other information in line with Privacy Policy rules for specific Services.

2.5 CAPTCHA Test: Clients may need to complete a CAPTCHA test during account creation or other stages as requested by the Company.

2.6 Email Verification: Clients must verify their email by clicking an active link sent to the registered email address.

2.7 Required Information: The Company reserves the right to modify the required information for Account creation.

2.8 Payment Details: Clients must provide payment details to conclude Service orders.

2.9 Data Renewal: The Company may request updated information periodically or as needed.

2.10 Information Accuracy: By creating an Account, clients confirm the accuracy, validity, and ownership of provided information. They also consent to receive marketing materials via provided contact information.

2.10.1 Marketing Consent: Clients acknowledge that provided contact information may be used for marketing purposes and consent to receiving marketing materials.

2.10.2 Withdrawal of Consent: Clients can withdraw marketing consent by not completing Account creation or clicking the "Unsubscribe" button in marketing emails.

2.11 Account Usage: Accounts can be created for personal or business use but cannot be shared with unauthorized parties. Accounts are for individual use only.

2.12 Security Recommendations: The Company advises using two-factor authentication for added security.

3. Suspension of Service Provision and Account Access Removal

3.1 Account Verification: If there's a discrepancy between the Account holder and owner or any provided information, the Company may be unable to proceed with Service provision. The Company reserves the right to suspend Service provision (partially or fully) and/or remove Account access at its discretion.

3.2 Reasons for Access Denial/Removal and Suspension:

3.2.1 Breach of Agreement: If the Client breaches material obligations under this Agreement (e.g., failure to pay for ordered Services), or violates warranties.

3.2.2 Legal Age or Authorization: If the Client is not of legal age as per applicable law, or if the Client's representative lacks proper authorization or the representation period expires without renewal.

3.2.3 Location Restriction: If the Client accesses the System or Services from a restricted location.

3.2.4 Policy Violation: If the Client violates the Acceptable Use Policy rules. The latest version is available at https://waveproxy.com/acceptable-use-policy/.

3.2.5 Affiliate Program Violation: If the Client breaches Affiliate program rules outlined in the System and Clause 7 of this Agreement.

3.2.6 Risk to Company or Others: If the Client's actions pose security, reputational, financial, or other risks to the Company, its affiliates, third parties, or the proper functioning of the System and Service provision.

3.2.7 Legal Breach: If the Client's actions breach applicable laws, regulations, or generally accepted moral standards.

3.3 Suspension Notification: If the Client's access to the System or Services is suspended, the Company will notify the Client via email. The notice will include the reason for suspension, its duration (if indefinite, this will be specified), and any required actions to lift the suspension.

3.4 Opportunity to Remedy: If the Client is given an opportunity to rectify the violation, the Company will specify an appropriate time period. The decision to set a time period rests solely with the Company.

3.5 Legal Action: If the Company suspects a violation of legal acts, it reserves the right to involve competent law enforcement authorities. If suspicions are confirmed, the Client may be banned from using the Services, either permanently or for a specified period, at the Company's discretion.

4. License to Access and Use the System

4.1 Limited License: Subject to this Agreement, the Company grants you a non-exclusive, limited, non-transferable, and revocable license to utilize Company materials solely in connection with your use of the System and Services. You may need to order and pay for a specific Service or Service package to access the System and be granted this limited license. It's understood that the duration and scope of the license are linked to the Services ordered and paid for.

4.2 Intended Use: The System is intended for research, personal, and legitimate commercial use, in accordance with the Agreement and applicable laws.

4.3 License Termination: This license terminates upon your discontinuation of System or Service use, or upon termination of this Agreement.

4.4 System Support: The Company reserves the right to cease supporting the System, its parts, or any functionality at any time, leading to automatic suspension of your license.

4.5 Intellectual Property Ownership: Unless stated otherwise, the Company owns intellectual property rights in the System and its materials. This includes infographics, data, reports, and specifications developed in connection with the System, which are the exclusive property of the Company.

4.6 Use Restrictions: You agree not to violate the Company's intellectual property rights and to use all such property for its intended purposes only. This includes refraining from:

Republishing material from the System without separate permission.
Selling, renting, or sub-licensing System material without separate permission.
Displaying System material in public.
Reproducing, duplicating, or exploiting System material for commercial purposes.
Redistributing System material.
Editing or modifying System material.
Using the System in a way that may damage or impair its availability.
4.7 Agreement Scope: The terms and conditions of this license apply to all versions of the System and any separate functionality or derivatives thereof.


5. Risks

As a Client, you understand and accept the inherent risks associated with using the System and Services provided by WaveProxy. These risks, though not limited to those outlined below, are essential to acknowledge:

5.1 Risk of Software or IT Weaknesses: There's no guarantee that the process using the System and/or Services will always be uninterrupted or error-free. There's a possibility that the software and associated technologies may contain weaknesses, vulnerabilities, or bugs.

5.1.2 Regulatory Risk: Changes in regulations may impact the current setup of the System and the usage of Services. While WaveProxy commits to compliance, it's the Client's responsibility to ensure their usage aligns with applicable laws.

5.1.3 Risk of Theft and Internet Vulnerability: The System, software applications, and technology platforms may be susceptible to electronic or physical attacks, potentially affecting their development, implementation, or usage.

5.1.4 Tax Risk: Using the Services may have tax implications for the Client. It's advisable to consult tax advisors regarding these consequences.

5.2 Spoofing and Phishing Risks: SMS, messaging, and email services are vulnerable to spoofing and phishing attacks. Clients should exercise caution when reviewing messages claiming to be from WaveProxy. Always access your account through the official website, use communication tools within the System, or reach out via verified email addresses if uncertain about the authenticity of a communication or notice.

These risks are inherent to online activities, and while WaveProxy takes measures to mitigate them, it's essential for users to remain vigilant and take necessary precautions to safeguard their data and accounts.


6. Payments and Refunds

6.1 Pricing and Payment: Services may be offered for a fee or for free, including free-trial periods. The Company has the discretion to set prices, duration of price validity, promotions, and payment rules. The latest prices for Services are available on the System.

6.2 Price Changes: Prices and Service scopes may change without prior notice. Clients must check the System for current prices and features before ordering.

6.3 Trial Expiry: After a free trial, Service access is suspended until payment is made.

6.4 Payment Options: Clients can use the "User balance" feature for payments. Various payment solutions are available, listed in the System's "Deposit" section.

6.5 Subscription Payments: Clients can opt for subscription payments based on schedule or usage. Payment details must be valid and have sufficient funds for the subscription period.

6.6 Fee Calculation: Services may be based on proxy/GB usage, one-time orders, or monthly subscriptions, as indicated in the System.

6.7 Non-Refundable Fees: Subscription fees and continuous Service fees are non-cancelable and non-refundable.

6.8 Exception for Faulty Service: If a Service is inactive or faulty within the first 24 hours of purchase due to non-client actions, a full refund may be provided upon proof submission.

6.9 Tax Responsibility: Clients are responsible for paying any applicable taxes on Services.

6.10 Payment Information: Clients must use valid payment information and keep it up-to-date.

6.11 Fee Disputes: Any fee-related claims must be submitted in writing within 3 months of the fee application.

6.12 Payment Providers: Transactions may be processed through various providers, listed on the System.

7. Affiliate Program and Reselling of Services

7.1 Affiliate Program Offer: The Company provides an Affiliate program, with details available on the website and in the "Affiliate" section of the Client's Account.

7.2 Understanding Affiliate Marketing: Participation in the Affiliate program involves marketing Company Services to earn commissions.

7.3 Program Objective: The main goal is to promote the System/Services and attract new users.

7.4 Affiliate Tools: Clients can generate default or custom affiliate links, copy banners, and access other marketing materials.

7.5 Promotion Guidelines: Affiliates must use materials ethically and comply with laws and regulations. Prohibited actions include fraud, misleading practices, and misrepresentation.

7.6 Consequences of Illegal Activity: Any illegal or fraudulent activity results in a material breach of the Agreement and may lead to a lifetime ban from using the Services.

7.7 Reward System: Affiliates receive rewards based on New users' orders, subject to Company discretion. The reward is typically a percentage of the order amount.

7.8 Eligibility for Rewards: Rewards are granted for orders made by New users who haven't used the System for over 24 months and have completed full payments.

7.9 Reward Withdrawal: Clients can withdraw rewards through the System, following rules outlined in the "Affiliate" section.

7.10 Affiliate Dashboard: Logged-in users can view various statistics, including total rewards, unpaid rewards, and New user information.

7.11 Dashboard Updates: The Company may change the dashboard and data displayed to Affiliates without prior notice.

7.12 Violation Consequences: Violations may result in the Company refusing to proceed with reward withdrawals, partially or fully, at its discretion.

7.13 Reselling Option: The Company may offer a separate reselling opportunity, with rules similar to the Affiliate program. Resellers are not entitled to Affiliate rewards.

7.14 Support Contact: Clients can contact support for assistance with the Affiliate program or any related inquiries.


8. Third Party and Other Disclaimers

8.1 Third-Party Services: The Company may use third-party services for functions like payment processing, user registration, etc. Client data may be shared with these third-party providers to ensure proper System use and Service provision. The main service providers contracted by the Company are listed in the Privacy Policy.

8.2 Third-Party Terms: The use of third-party services is governed by the terms of service of those third parties. The Company is not responsible for the provision of such services or the processing of data by third parties. Any disputes related to third-party services must be resolved directly between the Client and the respective third party.

8.3 Links to Third-Party Websites: Links to third-party websites provided on the System are for convenience only. The Company does not endorse or guarantee the accuracy or reliability of information on these websites. If accessed, the Client will leave the System.

8.4 Accuracy of Information: Information on the System, including the Blog section, may not be guaranteed to be correct, current, or complete. The System may contain technical inaccuracies or typographical errors. Clients should verify the accuracy and completeness of posted information before making any decisions related to Services.


9. Indemnification

9.1 Client's Responsibilities: The Client agrees to defend, indemnify, and hold harmless the Company and its affiliates from any third-party claims or liabilities arising from breaches of the Agreement or failure to comply with laws, excluding Company's failures.

9.2 Client Suggestions: Suggestions provided by the Client are voluntary and do not impose confidentiality obligations on the Company. The Company can use these suggestions freely.

9.3 Disclaimer of Warranties: The System and Services are provided "as is," with no warranties beyond those stated in the Agreement.

9.4 Client Compatibility Responsibility: The Client is responsible for ensuring compatibility with the System and Services. The Company is not obligated to provide compatibility support.


10. Termination of the Agreement

10.1 Suspension and Termination: The Company reserves the right to suspend or terminate Your Account and Services for breaches of the Agreement or Company policies, without entitlement to refunds or rewards. Reviewing sections 3, 6, and 10 is recommended before using the System/Services.

10.2 Termination by Either Party: Either party can terminate the Agreement by closing the Account. If termination is due to a violation, no refunds or rewards will be granted.

10.3 Immediate Cessation of Services: Upon termination, Your right to use the Services ends immediately. However, You remain obligated to pay for any outstanding Services.

10.4 Consequences of Material Breach: In cases of significant breaches, the Company may inform law enforcement and impose a lifetime ban on Your use of the Services, potentially blocking Your credentials.

10.5 Termination Process: To terminate the Agreement, log in to Your Account, go to "Settings," and select "Delete Account" to terminate without the option for renewal.

11. Governing Law and Sanctions

11.1 Jurisdiction: This Agreement and Your use of the Services are governed by the laws of USA, with additional consideration for local, state, national, or international laws that may apply to Your use of the System.

11.2 Dispute Resolution: Any concerns or disputes about the Services/System should be addressed first by contacting the Company via email at [email protected] for informal resolution.

11.3 Prohibition of Illicit Activity: The Company strictly prohibits the use of its Services for illicit activities, including money laundering, terrorist financing, or trade sanctions violations, in accordance with relevant laws and regulations.

11.4 Global Distribution: The System and Services may be globally distributed and used, potentially subjecting them to sanction lists due to the global nature of the IT sector.

11.5 Compliance: Both parties must comply with applicable anti-corruption, anti-money laundering, economic and trade sanctions, export controls, and other international trade laws.

11.6 Sanctions Lists: Users must warrant that they are not on any government prohibited, denied, or unverified-party sanctions lists or export-controlled restricted party lists.

11.7 Immediate Action: If a user becomes listed on any Sanctions List, they must immediately cease their use of the Services/System. Failure to comply may result in account suspension or termination.

11.8 Restricted Access: The Company reserves the right to block access to its Services/System in certain jurisdictions/territories.

11.9 Prohibited Jurisdictions: Persons located in prohibited jurisdictions are not permitted to use the Services. This restriction applies equally to residents and citizens of other nations while located in prohibited jurisdictions.