Last updated May 10th, 2022
SOAX has developed, owns and offers a Service which enables browsing the internet by redirecting users’ communication through other users’ devices (the “System” and the “Service” – please see detailed Service description in Service Level Agreement). This is available for commercial use under this agreement.
Registration and User Account
By completing the registration procedure on the Site, You agree to use the Services in accordance with these Terms. You agree to provide Us with the accurate and complete registration information. You hereby represent and warrant to SOAX Ltd. that you are not:
(i) in violation of any Anti-Terrorism Law (defined herein below);
(ii) conducting any business or engaging in any transaction or dealing with any Prohibited Person (defined herein below), including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Prohibited Person;
(iii) dealing in, or otherwise engaging in any transaction relating to, any property or interest in property blocked pursuant to Executive Order No.13224;
(iv) engaging in or conspiring to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate any of the prohibitions set forth in any Anti-Terrorism Law; or
(v) a Prohibited Person, nor are any of its partners, members, managers, officers or directors a Prohibited Person. As used herein, “Anti-Terrorism Law” is defined as any law relating to terrorism, anti-terrorism, money laundering or anti-money laundering activities, including, without limitation, Executive Order No.13224 and Title3 of the USA Patriot Act.
As used herein “Executive Order No.13224” is defined as Executive Order No.13224 on Terrorist Financing effective September24, 2001, and relating to “Blocking Property and Prohibiting Transactions With Persons Who Commit, or Support Terrorism.” “Prohibited Person” is defined as:
(a) a person or entity that is listed in the Annex to Executive Order 13224;
(b) a person or entity with whom You or SOAX Ltd. is prohibited from dealing or otherwise engaging in any transaction by any Anti-Terrorism Law; or
(c) a person or entity that is named as a “specially designated national and blocked person” on the most current list published by the U.S.Treasury Department Office of Foreign Assets Control at its official website, [treas.gov/ofac/t11sdn.pdf] and the list published by the UK Office of Financial Sanctions Implementation at its official website, [gov.uk/government/publications/the-uk-sanctions-list], or at any replacement website or other official publication of such lists. “USA Patriot Act” is defined as the “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001” (Public Law 107-56). The failure to provide accurate information may affect Your use of the Services.
You are solely responsible for all activity in connection with access to the Site and/or the Services through Your Account or using Your password, and for the security of Your computer systems, and in no event shall We be liable for any loss or damages relating to such activity.
By using System You represent and warrant:
Not use the System in violation of applicable law or regulations or any third-party rights (including intellectual property rights), or for governmental purposes.
Not use the System to:
(i) distribute cracking, warez, ROM, virus, adware, worms, trojan horses, malware, spyware or any other similar malicious activities and products or any other computer code, files or programs designed to interrupt, hijack, destroy, limit or adversely affect the functionality of any computer software, hardware, network or telecommunications equipment;
(ii) cause any network resource to be unavailable to its intended users, including, without limitation, via “Denial-of-Service (DoS)” or “Distributed Denial-of-Service (DDoS)” attack;
(iii) distribute any unlawful content or encourage any unlawful activity;
or (iv) cause any damage or service disruption to any third party computers or service.
SOAX right to Inspect and suspend Account and Services
The SOAX has the right, but not the obligation, to monitor Client’s use of the System for billing purposes and to verify for misuse or network abuse. The SOAX may share the User’s relevant information with any authority in case of a complaint or a lawsuit, if the SOAX determines that it is necessary to comply with law, regulation, subpoena or court order.
The SOAX in its sole discretion and at any time, may suspend User’s right to access or use the System immediately upon notice to User, if the SOAX determines that:
a) User’s use of or registration for the Service
- poses a security risk to the System or any third party,
- may adversely impact the System or any other SOAX’s customer, including by way of causing a user to be blocked from certain websites, networks or services,
- may subject the SOAX, our affiliates, or any third party to liability, or is in breach under any applicable laws or regulations,
- may be fraudulent, or
- may disparage or devalue SOAX’s reputation or goodwill; or
b) User is in breach of this Agreement, including if User is delinquent on payment obligations.
c) User fails to comply with providing true and accurate information requested by SOAX during the registration process or subject to SOAX periodical KYC requests.
Fees and Payments
In order to have constant access to the System you should subscribe to our paid Subscriptions, these are the payment and billing terms that apply. Paid Services and billing may auto-renew unless you cancel. You may cancel at any time.
By signing up for and using the Services, including signing up for Trials of the Services, You agree to pay any fees or other incurred charges that apply to the Services (such as subscription fees and traffic overuse fees).
When you sign up for the Services, you must designate the chosen Subscription and provide information about your preferred payment method (“Payment Method”). This information must be complete and accurate, and you are responsible for keeping it up to date. You expressly authorize us to collect via automatic debit or ACH from your Payment Method the appropriate fees charged for the Services.
You shall pay for the Services on a periodic basis and subject to terms and periods defined by the Subscription plan you have chosen. Unless otherwise stated, all fees due for the Services are payable on the first day of use of Services subject to the terms defined by Subscription plan. You will be billed automatically to the Payment Method opted by You, according to the calculation of the cost of Subscription and the amount of Traffic not included within the Subscription but used by You during the month to be billed for, as applicable. Unless otherwise stated, Services will auto-renew for the next month and billed upfront for the next month on the date of Your first Subscription each month until you elect to cancel your access to the Services. All purchases of the Services are final and non-refundable, except at Our sole discretion and in accordance with the rules governing the Services.
There are no refunds for termination or cancellation of the Service. If the User no longer wish to subscribe to a Service, it is User’s responsibility to cancel the Service in due time, regardless of whether or not such User actively use the Service
To the maximum extent permitted by applicable laws, we may change our prices for Services at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the Website and/or by sending you an email notification. If you do not wish to pay the new prices, you can cancel the Service prior to the change going into effect.
All the fees are put on the web-site and the Subscriptions are mentioned yet without adding VAT, sales taxes or other taxes and charges due to be paid in accordance to your local legislation or requirements to the international laws and bilateral interstate agreements. You should note that the final amount payable to Us stated in the invoice or automatic debit may include such taxes and charges.
We offer trials of our Services to the new Users (a “Trial”). A Trial provides the User full access to the Services for a 3 (three) business days period or amount of Traffic that is specified in Trial description, after the first registration.
Before the expiration of a Trial, You may need to provide us with your preferred Payment Method. Only after You submit your payment details, you can get access to the Services when the Trial has expired. You will not be charged until the Trial period ends.
Unless you cancel before the end of the Trial, or unless otherwise stated, your access to the Service will automatically continue and you will be billed the applicable fees for that Service using the Payment Method you provided. All incurred charges are final and non-refundable, except at our sole discretion and in accordance with the rules governing the Services. We may send you a reminder when your Trial is about to end, but we do not guarantee any such notifications. It is ultimately your responsibility to know when the Trial will end if you decide you do or do not want to become a user paying for the Services after the Trial period.
If the You decide you do not want to pay the Services, You must cancel your subscription before the end of the Trial period. You may lose access as soon as You cancel or at the end of the Trial period. Once You have cancelled Trial and received confirmation, you cannot resume the Trial period even if it was not used for the entire duration of the offer.
The Service features and content may change at any time, and we cannot guarantee any specific feature or content will be available for the entire Trial period. The rates in effect when you sign up for the Trial will be the same when the Trial ends, unless we notify you otherwise. We reserve the right, in our absolute discretion, to modify or terminate any Trial offer, your access to the Services during the Trial, or any of these terms without notice and with no liability. The User may not sign up for more than one Trial of the Service, and we reserve the right to limit the User’s ability to take advantage of multiple Trials.
Prices are net of any withholding or other taxes and the Client shall be responsible for payment of all such applicable taxes, levies, charges or duties, including sales or use taxes, imposed by any federal, state, or local governmental entity on the Service furnished by SOAX under this Agreement, except for taxes based on SOAX’s net income, gross revenue, or employment obligations. If SOAX is obligated by applicable law or regulation to collect and remit any taxes relating to the Service, then SOAX may deduct the appropriate amount from the Client’s account.
Intellectual property rights
You acknowledge that all rights in and to the Site and its content, including visual interface, graphics, design, text materials, compilations, computer code, software and all other elements of the Site are and shall remain Our sole property.
Except as expressly stated herein, these Terms do not grant You any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Site, and the System.
We confirm that We have all the rights in relation to the Site and the System that are necessary to grant all the rights We purport to grant under, and in accordance with these Terms.
Third Party Applications
The User may be able to access certain third-party links, applications, content, services or activities (“Third-Party Applications”) via our Services. You are in no way obligated to use any Third-Party Applications, your access and use of such applications is entirely at your own risk, and we have no associated liability. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available by any Third-Party Applications. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-Party Applications.
Modification of the Site and the System
We may from time to time modify, alternate or change design, functionality or information contained on the Site at Our own discretion without any prior notice to You.
Modification of these Terms
Warranty, Disclaimer and Limitation of liability
SOAX DO NOT MAKE ANY STATEMENTS OR GIVE ANY WARRANTIES ABOUT THE RESULTS OBTAINED BY USING SITE AND SERVICES, THE SPECIFIC FUNCTIONS OF THE SITE OR IT’S RELIABILITY, AVAILABILITY, ACCURACY OR ABILITY TO MEET YOUR NEEDS. WE DO NOT WARRANT THAT ACCESS TO THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL SUCH WARRANTIES.
SOAX IS PROVIDING THE USE OF THE SYSTEM ON “AS IS” BASIS AND IT EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED TO THE CONDITION, VALUE OR QUALITY OF THE SYSTEM, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ACCURACY, ABSENCE OF VIRUSES OR ANY DEFECT THEREIN, WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. SOAX FURTHER EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT THE USE OF THE SYSTEM WILL BE CONTINUOUS, UNINTERRUPTED OR ERROR-FREE, OR THAT ANY INFORMATION CONTAINED THEREIN WILL BE ACCURATE OR COMPLETE.
SOAX AND OUR LICENSEES, VENDORS, AGENTS, AFFILIATES WILL NOT BE RESPONSIBLE FOR LOST OF PROFITS, REVENUES OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES.
UNDER NO CIRCUMSTANCES SHALL WE AND OUR LICENSEES, VENDORS, AGENTS, AFFILIATES BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
In addition, both You and the We agree to bring any dispute in arbitration on an individual basis only, and not on a class, collective, or representative basis on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class, collective, representative or private attorney general action, or as a member in any such class, collective, representative or private attorney general proceeding.
Questions regarded to legal and copyright issues are to be sent to [email protected]