Terms of Service

These Terms of Service ("Terms") constitute a binding agreement between you and [COMPANY LEGAL NAME], operating as Masklabs ("Masklabs," "we," "us," or "our"). They govern access to and use of the Masklabs website, dashboard, API, and mobile proxy network. By creating an account, purchasing data, or otherwise using the Services, you accept these Terms. If you enter into these Terms on behalf of an organization, you represent that you are authorized to bind that organization, and "you" refers both to you and to it.

1. Definitions

The following capitalized terms have the meanings set out below and carry those meanings consistently throughout these Terms, the Acceptable Use Policy, and the Privacy Policy.

• "Services" means the Masklabs website, dashboard, API, and the network of mobile IP addresses made available over HTTP and SOCKS, together with any related features.
• "Organization" (displayed in the dashboard as your "Org") means the account that holds a Data Balance and Credentials. The Organization is the contracting party and the party billed for the Services.
• "Authorized User" means any person added to an Organization, in any role.
• "Credentials" means the proxy credentials issued under an Organization to route traffic through the network.
• "Data Balance" or "Balance" means the prepaid data capacity, measured in bytes and displayed as gigabytes (GB), held in an Organization's wallet.

2. The Services

Masklabs provides metered access to a network of mobile IP addresses. Traffic routed through the network by means of Credentials is billed against the Organization's Data Balance according to the bandwidth consumed. Masklabs may modify, add, or remove features of the Services. The variability of mobile networks and IP availability is addressed in Section 10.

3. Your Organization and Account

3.1 The Organization is the contracting party. The contracting and billing party is the Organization, not any individual. Every Authorized User belongs to at least one Organization. The Organization owns its Data Balance, its usage history, and every Credential created under it.

3.2 Responsibility for Authorized Users. Any Authorized User may create, view, and revoke Credentials and may spend the Organization's Balance. You are responsible for the acts and omissions of every Authorized User, for maintaining a current membership list by removing those who should no longer have access, and for all use of the Services through your Credentials, whether or not you authorized the particular use.

3.3 Account security. You must provide accurate registration information, keep your login credentials confidential, and notify us promptly at [email protected] of any suspected unauthorized access. You are responsible for all activity occurring through your account or your Credentials.

3.4 Eligibility. You must be at least 18 years of age and capable of forming a binding contract. Where you use the Services on behalf of an organization, you confirm that you are authorized to bind it.

4. Verification

Masklabs may require you to verify your identity, your Organization, or your intended use of the Services, at its discretion and at any time, including after your use of the Services has begun. We may condition, limit, or withhold access until verification is completed to our satisfaction. This right serves to protect the network, our upstream providers, and other customers against fraud and abuse, and imposes no obligation on us to screen or approve any particular use.

5. Prepaid Data Balance

5.1 Operation. Proxy data is purchased in advance in gigabytes. At the time of purchase, your payment is converted into a byte Balance at the price then displayed and credited to your Organization's wallet. Bandwidth consumed through your Credentials is deducted from the Balance as it is used. When the Balance reaches zero, the Organization's Credentials are suspended until additional data is purchased.

5.2 Performance of the purchase. The subject of each purchase is the provisioning of spendable proxy capacity to your Organization. That service is delivered, and deemed rendered in full, at the moment the purchased data is credited to your Balance, irrespective of when or whether the Balance is subsequently drawn down. The ability to consume the Balance over time neither postpones nor divides the point at which the purchase is performed.

5.3 No expiration. A purchased Balance does not expire, and nothing reduces it except metered usage and the adjustments described in Section 8.2.

5.4 No cash value or transfer. A Balance is not a stored-value account, a deposit, a security, or currency. It may be applied only toward Masklabs proxy usage and may not be withdrawn, redeemed for cash, or transferred to another Organization.

5.5 Refunds. Because each purchase is performed upon the crediting of data (Section 5.2), purchases are non-refundable, and unused Balance is not refundable upon account closure. Two exceptions apply: (a) where applicable law confers a refund right that cannot be waived; and (b) where a card network or Stripe resolves a payment dispute in your favor.

5.6 Promotional balance. Masklabs may from time to time grant promotional data, such as a one-time bonus of 1 GB on an Organization's first purchase of at least 1 GB. Promotional data is governed by the same terms as purchased data under Sections 5.3 through 5.5, is granted at our discretion, and may be modified or withdrawn as to future purchases.

5.7 Payment and taxes. Payments are processed by Stripe. Masklabs does not receive or store your full card number; see our Privacy Policy. You are responsible for all taxes arising from your purchases, other than taxes on our net income.

6. Acceptable Use

Your use of the Services is subject to our Acceptable Use Policy, which is incorporated into and forms part of these Terms. A violation of that policy constitutes a violation of these Terms and is grounds for the action described in Section 8.

7. Your Traffic and Compliance with Law

7.1 Responsibility for your traffic. You are solely responsible for all traffic routed through the Services under your Credentials, including its content, its destinations, and its purpose, whether or not you initiated it. You represent that you hold every right, consent, and authorization necessary for the data you access, collect, or transmit, and that your use is lawful in each jurisdiction applicable to you, to your destination, and to your traffic.

7.2 Compliance with law. You will use the Services in compliance with all laws, regulations, and third-party rights applicable to you and to your use, including those governing computer access and fraud, intellectual property, privacy, and data protection.

7.3 Export controls and sanctions. You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to a US embargo or to US sanctions applied to that country or region as a whole; that you do not appear on any US government restricted-, denied-, or blocked-party list, including the OFAC Specially Designated Nationals list and the BIS Entity List; and that you will not use the Services on behalf of, or to route traffic to or from, any such person, entity, or jurisdiction, or otherwise in violation of applicable export-control or economic-sanctions laws.

8. Suspension and Termination for Cause

8.1 Grounds. We may suspend or terminate your access to the Services, in whole or in part, immediately and with or without notice, if: (a) you or anyone using your Credentials violates the Acceptable Use Policy or these Terms; (b) a payment funding your Balance is charged back, disputed, or reversed; (c) we reasonably believe your use poses a security, legal, fraud, or abuse risk to us, to our upstream providers, to the IP network, or to a third party, including the risk that the network's IP addresses will be blocked or degraded; or (d) a law or a request from a competent authority so requires. We need not await an actual breach where a genuine risk to the Services or the network is present.

8.2 Chargebacks create debt. If a payment funding your Balance is later charged back or reversed, including after the corresponding Balance has been spent on proxy usage, the value of that payment is deducted from your Organization's wallet. Where the deduction reduces the Balance below zero, your Organization owes that amount to Masklabs as a debt. Proxy access is suspended for any Organization carrying a negative Balance and is not restored until the debt is repaid in full; a subsequent purchase is applied first to the outstanding debt, and access resumes only once the Balance returns above zero. Masklabs may pursue unpaid debt by any lawful means, including collections.

8.3 No refund on for-cause suspension. Where Masklabs suspends or terminates your access for a violation of these Terms or the Acceptable Use Policy, any remaining Balance is forfeited and is not refunded.

9. Indemnification

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless Masklabs, [COMPANY LEGAL NAME], and their officers, directors, employees, and suppliers from and against any third-party claim, demand, action, or proceeding, and any resulting loss, damage, liability, penalty, fine, cost, or expense (including reasonable attorneys' fees), arising out of or relating to: (a) traffic routed through the Services under your Credentials; (b) your or your Authorized Users' violation of these Terms or the Acceptable Use Policy; (c) your violation of any law or of any third-party right, including intellectual-property, privacy, data-protection, and computer-misuse laws; or (d) a dispute between you and a third party, including any operator of a destination you reach through the Services. We may assume the exclusive defense and control of any matter otherwise subject to indemnification, at your expense, and you will cooperate with us. You will not settle any such matter in a way that imposes an obligation or liability on us without our prior written consent.

10. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis. Masklabs does not warrant any particular level of uptime or latency, any IP pool size or composition, or the continued availability of any specific network, geography, or exit IP. Mobile networks change outside our control, and network resources may be added, removed, or reconfigured at any time. To the fullest extent permitted by law, Masklabs disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

To the fullest extent permitted by law: (a) neither Masklabs nor its officers, employees, or suppliers will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or business interruption, arising out of or related to the Services, even if we were advised that such damages were possible; and (b) our total aggregate liability for all claims arising out of or relating to the Services will not exceed the total amount you paid us for the Services in the three (3) months immediately before the event giving rise to the claim. Some jurisdictions do not allow certain of these exclusions or limitations, so parts of this section may not apply to you.

12. Term and Termination

12.1 By you. You may cease using the Services at any time. Because a Balance is non-refundable except as described in Section 5.5, the dashboard permits an Organization to be deleted only once its Balance reaches zero. You may spend the Balance down beforehand, or write to [email protected] to close an account that still holds a Balance.

12.2 By us, for convenience. Masklabs may discontinue the Services, or particular features, upon reasonable notice. In that event, unused Balances will be refunded, except where the discontinuation follows a for-cause suspension or termination under Section 8.3.

12.3 Effect of termination. Upon termination, your right to use the Services ends and your Credentials cease to function.

12.4 Survival. Sections 5.2 through 5.5, 7, 8, 9, 10, 11, 13, and 14 survive termination of these Terms, together with any other provision that by its nature should survive.

13. Governing Law and Dispute Resolution

13.1 Informal resolution first. Before commencing any formal proceeding, you agree to attempt to resolve the dispute with us informally. Send a written description of the dispute and the relief sought to [email protected], and allow us at least 60 days to reach a resolution. This step is a condition of bringing a claim.

13.2 Governing law and forum. These Terms are governed by the laws of [JURISDICTION], without regard to its conflict-of-laws principles. Subject to Section 13.3, any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the courts located in [JURISDICTION], and you consent to their jurisdiction.

13.3 Arbitration and class-action waiver. [ARBITRATION DECISION: Masklabs has not yet decided whether to require binding individual arbitration of disputes and to waive class actions and jury trials. If it adopts arbitration, insert the arbitration agreement, class-action waiver, jury-trial waiver, and any small-claims and opt-out carve-outs here. If not, delete this Section 13.3, and disputes proceed in court under Section 13.2.]

14. Miscellaneous

14.1 Entire agreement; severability. These Terms, together with the Acceptable Use Policy and the Privacy Policy, constitute the entire agreement between you and us regarding the Services. If any provision is held unenforceable, the remaining provisions remain in full effect.

14.2 Changes to these Terms. Masklabs may update these Terms. Where a change is material, we will post the updated Terms with a new effective date and, where the law requires, notify you by email. Continued use of the Services after a change takes effect constitutes acceptance of the updated Terms.

14.3 Assignment. You may not assign your rights under these Terms without our prior consent. Masklabs may assign its rights in connection with a merger, acquisition, or sale of assets.

14.4 Force majeure. Masklabs is not liable for any delay or failure resulting from events beyond its reasonable control, including upstream network disruptions, outages at providers on which we rely, acts of government, or other events that could not reasonably have been prevented.

14.5 Third-party destinations. The Services enable you to send your own traffic to third-party websites and services. Masklabs does not control, endorse, or assume responsibility for those destinations or for your dealings with them, and your use of any destination remains subject to that destination's own terms and to applicable law.

14.6 Notices and waiver. Masklabs may give you notice by email to the address on your account or by posting in the dashboard or on our website; you may give us notice at [email protected]. Our failure to enforce any provision is not a waiver of the right to enforce it later.

15. Contact

Questions regarding these Terms may be directed to [email protected].