This HomeIP License Agreement was last updated on March 28th, 2023.
Please see the information below for a short overview of the changes made from the last version:Expanded the System definition to include our solutions (e.g. No-Code Scraper extension);Added wording, stating that you may agree with the terms of this Agreement by starting to use the services in any way (for our Free Trial customers);Slightly amended the Warranty Disclaimer description;Other cosmetic changes.The multiple IP address proxy infrastructure solution, providing multiple IP addresses for the user to connect to the internet or access to our data gathering and proxy management solutions (all together - part of the “System”) is owned and maintained by HomeIP and its affiliated companies (hereinafter – „ HomeIP“, „we“, “our” or “us”). The System is intended for research, personal and commercial use and only for the lawful and legitimate purposes, as defined in this License Agreement and any applicable laws. This License Agreement (this “Agreement”) applies to all versions of the System, as well as any separate functionality and derivatives thereof. By clicking “Register” and registering to our System or by starting to use the System in any other way (e.g. via Free Trial), you the user, confirm that you have read this Agreement and that you enter into a legally binding Agreement with HomeIP, as well as you agree to be bound by this Agreement, terms of additional support services agreement (see separately, as applicable). The current version of this Agreement may be found at the HomeIP website (homeip.com/license-agreement). Use of the System constitutes your agreement to be unconditionally and without restrictions bound by the terms and conditions of this Agreement. If you do not agree to be bound by the terms and conditions of this Agreement, you must not use or must immediately end your use of the System, or must uninstall any software that was provided as part of the System. Unless explicitly stated otherwise, any new features or functionality that augment or enhance the System shall be subject to this Agreement. If you are using the System on behalf of an organization, you are agreeing to this Agreement for that organization and acknowledging that you have the authority to act on behalf of that organization, and commit to this Agreement on behalf of that organization.
Limited License Grant
Subject to your agreement and continuing compliance with this Agreement, HomeIP grants you a non-exclusive, non-transferable, revocable limited license to access and use the System for personal, research, and your own legitimate commercial purposes, for the duration of the chosen HomeIP System subscription package. The HomeIP System subscription package chosen by you may set the duration and technical restrictions on the use of the System. Your use of the System and grant of the limited license to you requires the purchase by you of one of the HomeIP System subscription packages. You shall enter a valid payment method as a condition for use or access to the System, and the payment for the selected HomeIP System subscription package will be assessed against it. HomeIP System subscription package prices exclude any applicable taxes, levies, and duties (VAT, withholding, customs, or other) and you shall be responsible for the payment of all such applicable taxes, levies, or duties. You agree that you will at all times comply with all laws and regulations when using the System. HomeIP reserves the right to stop offering or supporting the System or part of the System or any functionality constituent in the System at any time, at which point your license to use the System or a part thereof will be automatically suspended. In such an event, HomeIP shall not be required to provide refunds, benefits, or other compensation to users of the System. The System may not be fully functional if you use a version other than the latest version of the System, and you agree to cease the use of an older version of the System if requested by HomeIP or if HomeIP notifies that only the most recent version of the System should be used by the System users. You may use the System only if you can legally accept this Agreement and commit under this Agreement, and only in compliance with this Agreement and all applicable laws. Persons younger than 18 shall not use the System. HomeIP shall never knowingly allow the use of the System for persons younger than 18 and shall not collect and process any personal data of such persons. Based on the above, it is presumed that any person using the System is at least 18 years of age. In case a younger than 18 years old person or a person supplying wrongful data is identified, such person’s account and all their data shall be immediately and without any notice suspended, deleted, or withdrawn by HomeIP. We may unilaterally and without any notice or warning set forth and enforce restrictions on using the System, especially when it is required for observing the acceptable use of the System (please also see section Prohibited Activities below). We reserve the right to unilaterally refuse the System, suspend your use, or limit access to the System at our sole discretion for any reason or no reason.
You may choose to buy HomeIP top-up system credits (hereinafter “Credits”) with which you shall be able to pay for the services through the dashboard. One (1) Credit shall cost you one (1) dollar plus any additional applicable taxes, levies, and duties (VAT, withholding, customs, or other) payable by you. You shall be able to use Credits for the Services specified in the dashboard and each Credit shall be worth one (1) dollar. Credits shall expire if unused for twelve (12) months and no refund shall be issued after the expiration. If, at any point, your HomeWallet does not have enough Credits to cover your current plan payment when the payment is due, HomeIP may cancel your plan without notice. All refunds, if any, regarding services paid with Credits shall be paid out by us as Credits to your HomeWallet. Credits may not be refunded for any reason, other than the ones specified in this Agreement.
Personal information (Account and Payment)
You are required to provide HomeIP with information for your account (valid email, username, and password) and payment information in order to use the System. You assume full responsibility that such information is current, complete, and accurate. You warrant that the information that you provide to us will be truthful, accurate, and complete, and that you are authorized to provide such information. You authorize us to verify your information at our own discretion and at any time. Furthermore, please be informed that our order process is conducted and handled by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides customers with service inquiries and handles returns.
Refund Policy
You may be eligible for a refund if you meet the following conditions: (i) you have bought the product via our self-service; (ii) your payment was not made with cryptocurrency; (iii) you requested the refund within 14 days of the original purchase date; (iv) you have not used more than 20% of your plan’s data traffic or 1 GB, whichever is reached first if you bought proxies or You have not used more than 20% of your plan if you bought scraping tools. You are only entitled to a single refund, applicable solely to the amount paid for your first order. If you have upgraded, renewed, or downgraded your subscription, HomeIP shall only reimburse you for the initial amount you paid. No refund shall be issued in cases of platform abuse or violations of this Agreement. No refunds shall be issued for paid trials.
Access to data, content and resources through the System (Third Party Content)
The System allows you to access third-party data, content, and resources, as if you were accessing them through the IP addresses provided by the System. Anything that you may access with the assistance of the System is referred to as the “Third Party Content”. HomeIP respects the intellectual property, privacy, and security of others, and we ask our users to do the same. When you access any Third Party Content with the assistance of the System, please consult the property, persons, and entities portrayed in such content for consents, rights, information, and restrictions that may be applicable to such content. Please note that certain content may not be recorded, reproduced, used, distributed, or displayed without written permission from the right holders and affected parties. You are solely responsible for the Third Party Content you access, use, record, save, and retain assisted by the System, and you will not violate the restrictions applicable to/by the property, persons, and entities where such content originates, regardless of whether any such restrictions are posted or not. As a condition to your use of the System, you agree not to use the System to infringe any applicable laws or third-party rights, including privacy and intellectual property rights, and not to engage in any Prohibited Activities (see below). You may be subject to civil, administrative, and criminal penalties, including without limitation monetary damages, if you engage in the Prohibited Activities, or otherwise violate this Agreement, or infringe any third party’s legal rights. We reserve the right, at any time, in our sole discretion, with or without notice, to suspend use and access to the System for any users who infringe any third-party rights or applicable laws.
Referral Program
We offer users of the System the possibility to refer HomeIP services to the New Users (see below) and get 30% of the New User’s first transaction (subscription purchase or wallet top-up) amount (hereinafter - “bonus”) as HomeIP wallet credits (each bonus is paid for both the Referrer and the New User). In order to become a Referrer eligible to participate in the referral program (hereinafter -“Eligible User”), you must be: (i) An active user of the System; (ii) Subscribed to one of the plans for at least 5 (five) days; (iii) Not paying for your use of the System via bitcoin or any other type of cryptocurrency; (iv) Using the System in accordance with this Agreement. Eligible Users will receive a referral link in their user profile within the System, which may be shared with people who are not already users of the System (“New User”). If you are an Eligible User and do not receive a referral link, please contact our Help & Support. If a New User registers to the System using the referral link shared with him by an Eligible User, both users will receive 30% of the new user’s first transaction amount (subscription purchase or wallet top-up). Please note that for both Eligible Users as well as New Users: (i) the bonus will only be available after the new user is active for 5 days after the first transaction; (ii) the bonus will be added for both users as wallet credits; (iii) referral bonuses are applicable only for self-service plans, custom and enterprise plans do not grant bonuses; All participants of the referral program must follow the terms of this Agreement and refrain from engaging in unfair practices, including (but not limited to) creating fake accounts, spamming or harassing potential referral sources. HomeIP reserves the right to, at any time and in its sole discretion, suspend any user’s participation in the referral program or void any Additional Traffic.
Intellectual property
The System, encompassing its unique features, functionalities, interfaces, and source code, is shielded by copyright and other intellectual property laws. The rights to the System and its distinct features and functionalities belong to HomeIP. Excluding the confined license rights explicitly stated in this Agreement, all rights, titles, and interests in the System and its unique features, functionalities, interfaces, source code, and the Software (as clarified further) remain with HomeIP.You understand that the license you receive to the System is limited and doesn't grant you any ownership rights. You are prohibited from replicating, selling, distributing, altering, showcasing, or utilizing any part of the System without HomeIP's prior written consent. The System contains proprietary notices and marks that you agree not to infringe upon.The proprietary software programming within the System, termed "Software", is HomeIP's property. It is safeguarded by copyright, intellectual property laws, and international treaties. You must not:a) Reverse engineer or attempt to discern the underlying source code or algorithms of the System or Software. b) Lease, sublicense, sell, or use the System or Software for third-party purposes. c) Remove or alter any proprietary notices within the System or Software. d) Modify or merge the System or Software with other software. e) Publicly share performance-related data or analysis of the System or Software. f) Use any means to bypass the System's copy protection. g) Use the System or Software to design a competitive product.Unauthorized interactions with the System or Software can lead to significant legal consequences. Offenders will be pursued to the fullest extent of the law.We value user feedback for System improvement. If you offer comments or suggestions, you agree that HomeIP can use them without any restrictions or compensation. Your submissions don't inhibit our right to use similar information we might have known or sourced elsewhere.
Compatibility
You acknowledge and agree that you bear the sole responsibility for your hardware and software environment. This includes any operating systems or other applications you utilize to install, run, and access the System and its Software. All requirements for hardware to execute the System are your responsibility. Additionally, any associated costs, which may include but aren't limited to, internet connectivity charges, data fees, or mobile carrier charges incurred while using the System, are your responsibility.We disclaim any responsibility for compatibility issues or malfunctions unless covered under a separate support agreement. If you have any concerns regarding the compatibility of your hardware and software with the System, please reach out to us directly.Please note, the System may be designed to automatically download and implement upgrades, updates, or introduce new functionalities. If you prefer not to have these updates automatically installed, you may have the option to disable these features within your account settings.
Indemnity
You hereby agree to indemnify, defend, and hold harmless HomeIP, including its affiliates, agents, and their respective directors, officers, managers, partners, employees, agents, and contractors from all liabilities, claims, losses, expenses, and damages, including legal fees, that arise from (i) your use or misuse of the Third Party Content, particularly in relation to claims suggesting that the Third Party Content violates the rights of third parties, is illegal, or infringes upon intellectual property rights, (ii) your utilization of the System, reliance on its features, functionalities, or interfaces, or (iii) any breach or violation of this Agreement by you.Should you choose to access or reproduce Third Party Content via the System, it should be ensured that such actions are confined to reproducing non-copyrighted materials, materials where you hold the copyright, or other materials that you are legally authorized to reproduce. The ownership and intellectual property rights of any content accessed, stored, or displayed by your use of the System resides with the relevant content provider. Such content might be shielded by copyright, privacy rights, or other intellectual property regulations, and might also be governed by terms set by the third-party content provider. This Agreement, unless explicitly stated, does not grant you any permissions to use such content, nor does it assure the continued availability of such content to you.
Prohibited Activities
HomeIP is not obligated to enforce this Agreement on you. However, if you violate the terms of this Agreement, we have the right to investigate and act as deemed appropriate. The following is a non-exhaustive list of activities that are prohibited on or through the System. By using the System, you agree not to engage in the following "Prohibited Activities" or aid others in doing so:
Breaching general ethical or moral standards and norms.
Violating third-party rights, including property, privacy, and intellectual property rights.
Participating in terror, military, or militia training and activities.
Engaging in illegal or criminal actions.
Stalking, harming, or harassing others.
Committing network-related attacks, such as DoS or DDoS attacks.
Distributing malicious software or code.
Activities related to child exploitation.
Engaging in or promoting misleading, fraudulent, or false information.
Breaking any laws or regulations.
Violating this Agreement or the Privacy Policy.
Exploiting the System in unauthorized ways.
Attempting unauthorized access to the System or its affiliated networks.
Overloading or imposing a disproportionately large strain on the System.
Engaging in any other disproportionate or generally unacceptable activities.
Should you plan to act against these terms, even if it's permissible under law, you must provide a 30-day prior written notice. This notice should be accompanied by any relevant information, allowing us the chance to address or provide alternate solutions.
We reserve the right to disclose your information and details of the Prohibited Activities to national and international authorities without notifying you, especially under the following circumstances:Criminal or administrative investigations regarding violations of third-party rights or laws.Legal proceedings related to suspected illegal activities.Enforcing or applying this Agreement.Complying with legal processes, such as search warrants or subpoenas.Protecting our rights, reputation, and property.We might also adhere to domestic and international court orders related to third-party rights violations or any unauthorized use of the System.
Warranty Disclaimer and Limitation of Liability.
By using the System, you understand and agree to the following:
Use At Your Own Risk: Your use of the System, including all its features, functionalities, and interfaces, is entirely at your own risk. HomeIP does not guarantee or warrant any specific outcomes from using the System.
No Warranties: The System is provided on an "as-is" and "as available" basis. HomeIP does not provide any warranties, either expressed or implied, regarding the quality, accuracy, functionality, or any other aspect of the System. This includes, but is not limited to, warranties of fitness for a particular purpose, merchantability, satisfactory quality, and non-infringement of third-party rights.
Errors and Omissions: While HomeIP strives to provide accurate information, errors or omissions may occur. HomeIP reserves the right to correct such errors or omissions at its discretion.
No Guarantees: HomeIP does not guarantee that the System will function without interruptions, that it will meet your requirements, or that any issues will be corrected. Additionally, HomeI{ does not ensure the System's compatibility with third-party software or services or that it is free from viruses or defects.
Assumption of Risk: You are responsible for taking all necessary precautions to ensure the legal, safe, and secure use of the System.
Limitation of Liability: In no event shall HomeIP or its affiliates be liable for any indirect, special, incidental, or consequential damages, including lost profits or data, arising out of or related to this Agreement or your use of the System, even if they have been advised of the possibility of such damages. This limitation applies regardless of the cause of action or legal theory pled or asserted.
Maximum Liability: HomeIP's total liability under this Agreement is capped at one hundred USD ($100).
Third-Party Conduct: HomeI{ will not be held responsible for the actions or conduct of third parties, whether they are users of the System or otherwise.
Limitation Bound by Law: Any liability on the part of HomeIP will be limited to the maximum extent permissible under applicable law.
By continuing to use the System, you acknowledge and accept these terms and conditions, understanding the limitations and disclaimers provided.
Term, Termination and Suspension of the System
This Agreement commences on your start of use of or access to the System and shall continue until terminated in accordance with the terms of this Agreement. You understand and agree that in HomeIP’s sole discretion, and without prior notice, your access to this System may be suspended, and HomeIP may exercise any other remedy available if HomeIP believes that your use of the System (a) violates (i) the terms of this Agreement, (ii) the rights of HomeIP or any third party, or (iii) any applicable law or regulation, or (b) is otherwise objectionable or inappropriate or (c) constitutes fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to HomeIP for violations of this Agreement, and you consent to injunctive or other equitable relief for such violations without the requirement that HomeIP post a bond. HomeIP is not required to provide any refund or other compensation to you if you are suspended as an authorized user of the System because, in HomeIP’s sole discretion, you have violated the terms of this Agreement. Either party shall have the right to terminate this Agreement at any time by providing the other party an advance written notice and indicating the reasonable date of termination. In case of such termination by written notice by either party, HomeIP will not bear any liability, refund, or other compensation obligations towards the user. HomeIP shall be entitled to terminate this Agreement unilaterally and immediately in case of any unacceptable use of the System (please see section Prohibited Activities above), any infringement of any third party rights or applicable laws, or any infringement of this Agreement, or in case the user places HomeIP at risk under any applicable laws or regulations. Upon termination of the Agreement the license grant according to this Agreement is automatically terminated and you shall immediately stop using and accessing the System or must uninstall any software that was provided as part of the System.
Export Controls and Sanctions
The System, its proprietary features, functionality, interfaces, and source code or included Software may be subject to export controls and economic sanctions laws, regulations, and requirements and to import laws, regulations, and requirements of certain jurisdictions. By using the System, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such restricted jurisdiction.
Government Users
The System, its proprietary features, functionality, interfaces, and source code and the Software were developed entirely at private expense. The System is a commercial product. If the user or licensee of the System is an agency, department, or another entity of the government, such user or licensee must enter into a separate written agreement with us in advance. Any unauthorized or other use is prohibited.
Dispute Resolution
All disputes and claims shall be resolved through negotiations. If negotiations fail to resolve the dispute or claim within 30 (thirty) days, such dispute or claim shall be ultimately settled through the judicial procedure at the competent court of law.
Miscellaneous
We reserve the right to modify and update this Agreement at our sole discretion, at any time, for any or no reason, and without notice or liability, as indicated below. We also reserve the right to modify, update, or discontinue the operation of the System at our sole discretion, at any time, for any or no reason, and without notice or liability. All users of the System are obliged to ensure that they are familiar with the most current wording of this Agreement. The current version of this Agreement may be found at the HomeIP website (homeip.com/license). We may provide you with notices, including those regarding changes to this Agreement by email or by publishing the updated Agreement on the HomeIP website. You agree to review this Agreement each time you use the System, since you agree to be bound by it each time you use or access the System. Each update of this Agreement comes into force as of the moment when it is published as indicated above. You understand and agree that any continued use and access of the System after any updates to this Agreement are made, means that you voluntarily agree to be bound by the updated Agreement. This Agreement constitutes an agreement between you and HomeIP regarding the use of the System, and supersedes any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in this Agreement. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. You may not assign or transfer your rights or obligations under this Agreement to any third party. The section titles in this Agreement are for convenience only and have no legal or contractual effect.