Terms of Service

1. Introduction

1.1 These General Terms of Service ("Terms") govern access to and use of the Masklabs website, dashboard, API, and mobile proxy network (together, the "Services"), provided by Masklabs US LLC, a limited liability corporation registered in the state of Wyoming ("Masklabs," "we," "us," or "our"). By creating an account, purchasing data, or otherwise using the Services, you accept these Terms.

1.2 This document, the Acceptable Use Policy, and the Privacy Policy together form your agreement with Masklabs. If there is a conflict between the Acceptable Use Policy or Privacy Policy and this document, this document prevails except where the Acceptable Use Policy or Privacy Policy expressly says otherwise.

1.3 Privacy. For information on how we collect and process personal data, read our Privacy Policy. It is incorporated by reference into these Terms.

1.4 Definitions. The following terms carry these meanings throughout the 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, software, or documentation.
• "Organization" (shown in the dashboard as your "Org") means the account that holds a Data Balance and Credentials and is the contracting and billing party. An individual signing up in their own name is the sole Authorized User of, and contracts as, their own one-person Organization; the obligations of an "Organization" under these Terms apply to that individual directly.
• "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.
• "billing cycle" means the period for which a plan's data allowance is provided, and its length depends on how you pay. For a plan paid by card it is the payment processor's monthly billing period, which follows the calendar and so varies between 28 and 31 days. For a prepaid term, including one paid in cryptocurrency, it is a fixed period of thirty (30) days; a term described as a number of months means that number of thirty-day cycles, so a twelve-month term runs 360 days rather than a calendar year.
• "Data Balance" or "Balance" means the data available to an Organization for the current billing cycle, measured in bytes and displayed in gigabytes (GB). Except for Credit, it is available only for that cycle and does not roll over.
• "Credit" means data separately granted to an Organization, for example under a negotiated or prepaid arrangement, that does not expire at the end of a billing cycle.
• "Consumer" means an Authorized User who is a natural person using the Services wholly or mainly for purposes outside any trade, business, craft, or profession. Provisions of these Terms that refer specifically to Consumers apply only to the extent an Authorized User qualifies as one under applicable law.

2. Your Agreement with Masklabs

2.1 Binding agreement. The Terms are a binding legal agreement between Masklabs and you, or the Organization you represent ("you"). You agree to be bound by creating an account, accessing or using the Services, or otherwise electronically agreeing to the Terms. Where you act on behalf of an Organization, you represent that you are authorized to bind it, and "you" refers to both you and it. OUR SERVICES ARE OFFERED CONDITIONED ON YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.

2.2 Eligibility. You must be at least eighteen (18) years of age and capable of forming a binding contract. You represent that you will use the Services in accordance with these Terms and all laws applicable to you, and, where acting for an Organization, that you are fully authorized to accept these obligations on its behalf.

2.3 Updates to these Terms. We may update the Terms from time to time, to comply with the law or a regulator's request, to reflect new or removed functionality, to correct errors, to clarify existing terms, to prevent abuse, or for other valid reasons such as security. Where a change is material, we will notify you in advance of the change taking effect, by reasonable means such as email or an in-dashboard notice, and, where the law requires, will identify the effective date of the change. Continued use of the Services after a change takes effect is acceptance of the updated Terms. You may end your relationship with us at any time by closing your Organization in accordance with Section 14.

3. The Services

3.1 Masklabs provides metered access to a network of mobile IP addresses under the subscription plans described in Section 5. Traffic routed through the network by means of Credentials is metered by the bandwidth consumed and deducted from the Organization's available data. Masklabs may modify, add to, or remove features of the Services at its discretion.

3.2 Mobile networks and the IP addresses available on them change outside our control, and network resources may be added, removed, or reconfigured at any time. Section 10 addresses the resulting limits on what we can promise about availability, coverage, and IP composition.

4. Your Organization and Account

4.1 The Organization is the contracting party. The contracting and billing party is the Organization, not any individual acting for it (except where the Organization is itself a single individual, per Section 1.4). Every Authorized User belongs to at least one Organization. The Organization owns its Data Balance, its usage history, and every Credential created under it.

4.2 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 keeping the Organization's membership current 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.

4.3 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, subject to any non-waivable consumer protections that apply to you under Section 4.4 or otherwise.

4.4 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 has begun. We may condition, limit, or withhold access until verification is completed to our satisfaction. This right protects the network, our upstream providers, and other customers against fraud and abuse, and does not obligate us to screen or approve any particular use.

5. Plans, Data, and Payment

5.1 Plans and subscriptions. Access to the Services is offered under monthly subscription plans. Each plan includes a monthly data allowance and is billed in advance, in United States dollars, at the price then displayed. A plan paid by card is a recurring subscription that renews automatically each month, and your payment method is charged for each renewal, until you cancel as described in Section 5.9. Two kinds of plan do not renew by automatic charge: an account-managed arrangement (Section 5.10) and a prepaid term paid in cryptocurrency (Section 5.13). The available plans, their prices, and their included data are shown in the dashboard and may change as described in Section 2.3. Bandwidth consumed through your Credentials is metered and deducted from your available data as it is used. When an Organization has no available data, or its plan is not active, its Credentials are suspended until data is available again.

5.2 What your payment is for. The subject of each payment is the provision of access to the Services and of the data made available to your Organization for the applicable billing cycle. Subject to Section 5.8 (which governs the statutory withdrawal right of Consumers in jurisdictions that grant one), that service is delivered, and deemed rendered in full, when the cycle's data is made available to your Organization, irrespective of when or whether that data is subsequently used. The ability to use data over the course of a cycle neither postpones nor divides the point at which the service is performed.

5.3 Data does not roll over. Except for Credit (Section 5.11), data made available to your Organization is available only for the billing cycle in which it is provided. At each renewal your plan's data allowance is refilled to the plan amount, and any unused data from the prior cycle, including unused plan data and unused additional data, expires and does not carry forward. Nothing reduces your available data except metered usage, expiry at the end of a cycle, and the adjustments described in Section 13.2.

5.4 No cash value or transfer. Your data allowance, additional data, and Credit are not a stored-value account, a deposit, a security, or currency. They 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 access and data are provided for each billing cycle and the service is performed when that data is made available (Section 5.2), payments for a billing cycle, for a prepaid term of one or more billing cycles, and for additional data are non-refundable, and unused data is not refundable upon cancellation or account closure, except: (a) where applicable law confers a refund or withdrawal right that cannot be waived, including the Consumer withdrawal right addressed in Section 5.8; (b) where a card network or Stripe resolves a payment dispute in your favor; or (c) as provided in Section 14.2 (service discontinuation by Masklabs). Cryptocurrency payments are final once confirmed, as described in Section 5.7.

5.6 Additional data. During a billing cycle you may purchase additional data, up to any per-cycle limit shown for your plan, at the price then displayed. Additional data is added to your current cycle's data and, like plan data, is available for that cycle only and does not roll over (Section 5.3).

5.6a Prepaid terms. An Organization may pay for a term of more than one billing cycle in advance. A prepaid term changes only when payment is made: the plan's data allowance is still provided per billing cycle under Section 5.3 and does not pool across the term. Prepaid terms are non-refundable as described in Section 5.5; if a refund is granted at Masklabs' discretion, the associated plan access ends when the refund is issued.

5.7 Payment, processors, and taxes. Payments are handled by our third-party payment processors. Card and related payments are processed by Stripe; cryptocurrency payments are processed by Cryptomus. Masklabs does not receive or store your full card number; see our Privacy Policy. A cryptocurrency payment, once confirmed on the applicable blockchain, is final and cannot be reversed or charged back. You are responsible for all taxes arising from your purchases, other than taxes on our net income. Prices are shown exclusive of tax where we cannot determine the applicable tax in advance; any tax due will be shown before you are charged.

5.8 Consumer withdrawal right. If you are purchasing as a Consumer in a jurisdiction that grants a statutory right to withdraw from, or cancel, a contract for digital services within a defined period after purchase (for example, the fourteen-day withdrawal right under EU and UK consumer law), that right applies to your purchase unless you have expressly consented, at the time of purchase, to Masklabs beginning performance immediately and have acknowledged that doing so extinguishes your withdrawal right once performance is complete. Masklabs will present that consent and acknowledgment as a separate, affirmative step in the checkout flow before completing any purchase by a Consumer; it is not implied by completing the purchase alone. A Consumer who does not give that consent may exercise the applicable statutory withdrawal right by writing to [email protected] within the period that law provides, and, where the cycle's data has already been partly used, will be refunded on a pro-rata basis for the unused portion unless applicable law requires otherwise.

5.9 Automatic renewal and cancellation. Where you pay by card through the online checkout, your plan renews automatically each month and your payment method is charged at the price then in effect until you cancel. Plans billed by invoice do not renew by automatic charge and are governed by Section 5.10. You may cancel at any time through the billing portal linked in the dashboard; cancellation takes effect at the end of the then-current billing cycle, and you keep access until then. We do not refund the remainder of a cycle in which you cancel, except as provided in Section 5.5 or by applicable law. Where the law applicable to you requires it, we will provide renewal or cancellation reminders, and we will make cancellation at least as easy as signing up. Cancelling a plan does not by itself delete your account or any Credit; see Section 14.

5.10 Custom plans, invoiced terms, and account-managed billing. Masklabs may offer an Organization a custom plan on individually agreed terms, or may bill an Organization outside the online checkout, for example under an invoiced term or under a complimentary arrangement granted by Masklabs. Where you are billed by invoice:

(a) we issue an invoice in advance of the period it covers, and payment is due before your current term ends;

(b) a term may cover more than one billing cycle, in which case a single payment provides the data allowance for each cycle in that term as the cycle begins, subject to Section 5.3;

(c) your term is extended only when an invoice is paid in full, and a payment that does not cover the invoiced amount does not extend the term until the balance is paid;

(d) where a payment exceeds the invoiced amount, we apply the excess to your Organization as Credit under Section 5.11; and

(e) if an invoice is not paid before your term ends, access is paused in the same way as a plan that has not been renewed, until payment is received.

For an Organization billed in this way, pricing, renewal, and cancellation are handled directly with Masklabs or your account contact, on the terms separately agreed, rather than through the online billing portal.

5.11 Credit. An Organization may separately hold a data Credit, for example under a negotiated or prepaid arrangement. Unlike plan data and additional data, Credit does not expire at the end of a billing cycle. Credit is used only after the current cycle's data allowance and any additional data have been used, and remains subject to Sections 5.4 and 5.5.

5.12 Promotional data. Masklabs may from time to time grant promotional data, such as a one-time bonus. Promotional data is granted at our discretion, may be modified or withdrawn as to future grants, and is governed by Sections 5.3 through 5.5.

5.13 Cryptocurrency payments. You may pay for a prepaid term, or for additional data, in cryptocurrency through the online checkout. The following apply to those purchases:

(a) you choose the length of the term at checkout, and the price is the plan's monthly price multiplied by the number of billing cycles you select;

(b) your term begins when the payment is confirmed on the applicable blockchain, not when you send it. Confirmation ordinarily takes minutes but depends on the network, and the Services are not available to your Organization until it completes;

(c) a cryptocurrency term does not renew automatically. It ends at the end of the term you purchased, access is paused in the same way as a plan that has not been renewed, and continuing requires a new purchase. The end date of the term is shown to you at checkout before you pay;

(d) we accept a small shortfall — currently up to one percent of the invoiced amount — as payment in full, so that ordinary network fees do not strand a payment. Below that threshold no term is started and no data is provided: while the payment page remains open you may send the difference to complete the purchase, and otherwise we will contact you to resolve it;

(e) if we receive more than the invoiced amount, we apply the excess to your Organization as Credit under Section 5.11. Where the excess is large relative to the invoice, we hold it and contact you rather than applying it automatically; and

(f) a confirmed cryptocurrency payment is final and cannot be reversed or charged back by you or by us (Section 5.7). Refunds on this payment method are not returned automatically to the wallet the payment came from. Where a refund is nonetheless due to you, including under Section 5.8, write to [email protected] and we will arrange it with you.

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 is a violation of these Terms and grounds for the action described in Section 13.

7. License and Intellectual Property

7.1 License grant. Subject to these Terms, Masklabs grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the dashboard, API, and any software, SDK, or command-line tool Masklabs makes available for using the Services ("Client Software"), solely for your own use of the Services and only for as long as you comply with these Terms.

7.2 Reservation of rights. Masklabs and its licensors retain all right, title, and interest in and to the Services, the Client Software, and all related intellectual property, including all patents, trademarks, trade names, copyrights, trade secrets, and know-how. Nothing in these Terms transfers any ownership interest to you. You may not reverse engineer, decompile, or disassemble the Client Software, remove any proprietary notices, or use the Masklabs name or marks without our prior written consent, except as necessary to identify Masklabs as the source of the Services.

7.3 Feedback. If you send Masklabs any suggestion, idea, or other feedback about the Services, you grant Masklabs a perpetual, irrevocable, worldwide, royalty-free license to use it without restriction or compensation to you.

8. Your Traffic and Compliance with Law

8.1 Responsibility for your traffic. You are solely responsible for all traffic routed through the Services under your Credentials, including its content, destinations, and 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.

8.2 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.

9. Sanctions and Export Control

9.1 The Services may be subject to export control and economic sanctions laws, including the U.S. Export Administration Regulations and sanctions administered by the U.S. Treasury's Office of Foreign Assets Control ("OFAC"), the EU Dual-Use Regulation (Regulation (EU) 2021/821) and other EU sanctions measures, and UK sanctions and export control law (together, "Trade Control Laws").

9.2 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 comprehensive sanctions or an embargo under Trade Control Laws; you do not appear on the OFAC Specially Designated Nationals list, the U.S. Commerce Department's Entity List, or any equivalent EU or UK restricted-party list; you are not a military end-user as defined under Trade Control Laws and will not use the Services for military end-use; and you will not use the Services on behalf of, or to route traffic to or from, any person, entity, or jurisdiction in violation of Trade Control Laws.

9.3 You will notify Masklabs promptly if any of the foregoing representations becomes untrue. If Masklabs determines, in its reasonable discretion, that you have breached or are likely to breach this Section, Masklabs may immediately suspend or terminate the Services without liability, and, to the extent permitted by Section 5.5, without a refund of any remaining Balance.

10. Disclaimer of Warranties

10.1 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.

10.2 Masklabs has implemented measures intended to secure the Services, but the internet is not a secure network. To the fullest extent permitted by applicable law, Masklabs is not liable for unpredictable events such as cyberattacks, security breaches affecting the transmission of data, or interruptions caused by upstream providers, and does not guarantee the volume or speed of any data transmission. You are responsible for taking appropriate measures to protect your own data, software, equipment, and systems.

10.3 To the fullest extent permitted by law, Masklabs disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of certain warranties, so some exclusions in this Section may not apply to you.

11. Limitation of Liability

11.1 To the fullest extent permitted by applicable 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 advised 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.

11.2 You acknowledge that the price of the Services reflects the allocation of risk set out in this Section, and that Masklabs would not provide the Services to you on these terms without this limitation on its liability.

11.3 Some jurisdictions do not allow the limitation of liability for death or personal injury caused by negligence, for fraud, or for willful misconduct or gross negligence, or do not allow the exclusion of liability for consequential or incidental damages. Where such restrictions apply to you, Masklabs' liability is limited to the fullest extent that law permits.

12. Indemnification

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless Masklabs US LLC and its 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. This indemnity does not apply to the extent a claim arises from Masklabs' own breach of these Terms or violation of law. We may assume the exclusive defense and control of any indemnified matter, 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.

13. Suspension and Termination for Cause

13.1 Grounds. We may suspend or terminate your access to the Services, in whole or in part, 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, our upstream providers, the IP network, or a third party, including the risk that the network's IP addresses will be blocked or degraded; or (d) a law or a competent authority's order requires it. Where the risk is not urgent, we will make reasonable efforts to notify you and give you an opportunity to address the issue before suspending or terminating access; where the risk is urgent, for example an active abuse pattern threatening the network or a third party, we may act immediately and notify you afterward.

13.2 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 Balance. 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. Before referring a debt to a third-party collections process, Masklabs will send written notice to the email address on file describing the amount owed and giving you a reasonable opportunity to resolve it directly. Masklabs may otherwise pursue unpaid debt by any lawful means. Cryptocurrency payments are final once confirmed and are not subject to chargeback; this Section applies to payments that can be reversed.

13.3 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, except to the extent a non-waivable consumer protection law provides otherwise.

14. Term and Termination

14.1 By you. You may cancel your subscription at any time as described in Section 5.9, and you may delete your account and Organization at any time from your account settings. Because data is non-refundable except as described in Section 5.5 or 5.8, the dashboard may ask you to use or clear a remaining data allowance, or to resolve an Organization that still has other members, before deletion completes. You may also write to [email protected] for assistance closing an account.

14.2 By us, for convenience. Masklabs may discontinue the Services, or particular features, upon reasonable notice. In that event, we will refund unused Balances, except where the discontinuation follows a for-cause suspension or termination under Section 13.3.

14.3 Effect of termination. Upon termination, your right to use the Services ends, your Credentials cease to function, and the license granted in Section 7.1 immediately terminates.

14.4 Survival. Sections 5.2, 5.4, 5.5, 5.8, 7.2, 8, 9, 10, 11, 12, 13.2, 13.3, 15, and 16 survive termination of these Terms, together with any other provision that by its nature should survive. In particular, a debt arising under Section 13.2 is not discharged by closing an Organization.

15. Governing Law and Dispute Resolution

15.1 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 resolve it. This step is a condition of bringing a claim.

15.2 Governing law. These Terms are governed by the laws of the state of Wyoming in the United States of America, without regard to its conflict-of-laws principles. Where you are a Consumer in a jurisdiction (including EU member states and the UK) whose law entitles you to the protection of your home jurisdiction's mandatory consumer-protection rules regardless of choice of law, those mandatory rules apply alongside this Section.

15.3 Forum. Subject to Section 15.4, any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the courts of the state of Wyoming in the United States of America, and you consent to their jurisdiction.

15.4 Consumer forum carve-out. If you are a Consumer residing in a jurisdiction whose law grants you the right to bring or defend a claim in the courts of your own country of residence notwithstanding Section 15.3, that right is preserved and Section 15.3 does not limit it.

15.5 No arbitration. Masklabs does not require arbitration of disputes arising under these Terms; Sections 15.1 through 15.4 govern how disputes are resolved.

16. Miscellaneous

16.1 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.

16.2 Changes to these Terms. See Section 2.3, which governs how and when changes to these Terms take effect.

16.3 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, and will notify you by reasonable means if doing so materially affects your rights or obligations.

16.4 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. Masklabs will be entitled to a reasonable extension of time to perform any affected obligation.

16.5 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.

16.6 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.

16.7 Prevailing language. The English-language version of these Terms is the original, governing version. In the event of a conflict between the English version and any translation, the English version prevails.

17. Contact

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