Terms of service

Effective as of April 24, 2021

These terms of service are split into 2 sections:

a short summary for humans
and a longer detailed full terms of service for nerds 💜

Short Summary

The service

💻 DataUnlocker should be treated as a proxy service provider. By using DataUnlocker's proxy service, you acknowledge that you are taking full responsibility yourself on what data is proxied and how. DataUnlocker, as a service, provides you with tools to granularly control proxying and it is your responsibility to set it up properly.

🕺 DataUnlocker is developed and is currently operated by private entrepreneur Nikita Savchenko, who is a legally registered entity in Kyiv, Ukraine.

📧 For any questions you may have, contact [email protected].

Allowed use

✅ You may install DataUnlocker in any web application regardless of what it is intended for: public websites, web applications, mobile applications, internal or private systems, desktop applications, iframe-based widgets, etc.

🔮 DataUnlocker's primary intended use is proxying failed client-side third-party requests, thus making the original request succeed. DataUnlocker may also be used for other kind of utilities and generally as a proxy for any content. DataUnlocker is not intended to proxy first-party requests (like requests from your own website to your own same website) or unencrypted client traffic (via http protocol), despite it still allows to do so. Unintended use of DataUnlocker is at your own risk and you may not suspect nor blame DataUnlocker in, for instance, your website being hacked because of misconfigured DataUnlocker setup.

👁‍🗨 DataUnlocker commits to never peek nor store the proxied data on the individual customer level (with the exception when it was requested by a customer) and guarantees the best industry protection level for data that passes through DataUnlocker's proxy. This is also outlined in DataUnlocker's privacy policy.

Forbidden use

🤗 DataUnlocker is friendly, and it will gladly inform you in advance in case your use of DataUnlocker has became inappropriate, or when we received any abuse reports. If DataUnlocker is ever legally required to stop providing services for you, we will try to inform you as soon as possible before terminating our service agreement with you.

👻 You may not use DataUnlocker proxy to forcefully bypass the law in jurisdictions where your website or web service operates. For instance, if the country where your business is registered prohibits all images of cats, using DataUnlocker to proxy images of cats for that specific country will be considered as an abusive use of DataUnlocker, which may result in service agreement termination with a particular customer.

🏛 DataUnlocker may stop providing its services for a specific customer if legally requested to do so or at its own discretion if the use of DataUnlocker service is objectively inappropriate. DataUnlocker may inform customers about service agreement termination post-factum in such cases.

Payments and refunds

💳 DataUnlocker is friendly and it will gladly issue a full or partial refund of the amount you have paid if its proxy service turned to be broken when applying to your website or web application. Note that you are anyway expected to test the compatibility of DataUnlocker proxy within the free traffic you are provided or by paying small amounts.

📅 DataUnlocker is only able to issue refunds for payments made in the past 6 calendar days. Purchases older than 6 days are non-refundable.

📮 Refunds may be requested by contacting [email protected] and describing an appropriate reason for the refund. We will help you to resolve any questions.

Full terms of service

1. GENERAL INFORMATION

These Terms of Service (the "Terms") are provided to visitors, customers and users (referenced as "Customers" or "You") of the software-as-a-service platform "DataUnlocker", which is a proxy service devoted to proxying failing network traffic (the "Proxy") located at https://dataunlocker.com or any of its subdomains. It is referenced below as "DataUnlocker", "Proxy" "Service", "we", "us", "our"). DataUnlocker is currently operated by private entrepreneur Nikita Savchenko, who is a legally registered business entity in Kyiv, Ukraine. These terms and conditions outline the usage of DataUnlocker services and are based on the general, ethical and common practices and policies.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING DATAUNLOCKER. BY ACCESSING DATAUNLOCKER AND/OR CREATING AN ACCOUNT YOU WILL EXPRESS YOUR UNCONDITIONAL CONSENT WITH THESE TERMS AND AGREE TO ABIDE BY THESE TERMS IN THE LATEST VERSION.

By using DataUnlocker, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by this agreement. The agreement is provided only in English. Any phrase introduced by these terms of use or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at dataunlocker.com/terms, will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use DataUnlocker Services after those revisions become effective, you agree to be bound by the revised Terms.

2. DEFINITIONS

DataUnlocker Service (DataUnlocker): a proxy service operated by DataUnlocker, intended to proxy a portion of network requests when being used on customer websites.

You (Customer): a physical person, legal entity or both which represent a point of providing DataUnlocker Service and a point of contact between DataUnlocker and websites which use DataUnlocker Service.

Your Property: a configuration entity and associated data you create on DataUnlocker, typically referencing a configuration of your website which will be configured to use DataUnlocker Service.

Service agreement: an agreement between DataUnlocker and a customer established by customer by registering (signing in) on DataUnlocker website and creating a Property. As a service provider, DataUnlocker provides services to its customers which are governed by a common sense of using software-as-a-service DataUnlocker platform and these terms and conditions.

3. WHO MAY USE THE SERVICE

A registration process by creating an account on DataUnlocker should be done by humans. The registration process may not be completed by any automated software, "bots", etc, which may result in termination of the service agreement without further notice.

Customers may use DataUnlocker services for any type of their own business, and can install DataUnlocker on public websites, web applications, mobile applications, internal or private website, permission-protected systems, desktop applications, iframe-based widgets, etc.

If you are accepting these Terms and using DataUnlocker Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words "you" and "your" as used in these Terms shall refer to such entity.

4. PRIVACY

DataUnlocker's privacy policy describes how DataUnlocker handles the information you provide to it, when using DataUnlocker services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer and processing of this information in Netherlands, Ukraine, and/or other countries for operational purposes.

DataUnlocker may: (a) analyze the Customer's Website (webpage or business itself) to better understand the requirements and to verify the correctness of the installation steps; and (b) aggregate data collected from all Customers' websites or web applications and their respective DataUnlocker Properties to generate public statistics about DataUnlocker Service usage. DataUnlocker applies reasonable efforts to ensure that no specific information about specific Customers' websites or web applications cannot be inferred from this data, which may be shared publicly.

5. GRANT AND RESERVATION OF RIGHTS

DataUnlocker grants a non-sublicensable, non-exclusive, non-transferable right to access and use the Services for internal business purposes. You agree to use the Services only in a manner that is consistent with applicable laws and regulations.

DataUnlocker retains all right, title and interest (including, without limitation, copyright and database rights) in and to the DataUnlocker website, its Services, provided information, and to the form and content thereof. DataUnlocker also reserves all rights not expressly granted to customers by this Terms of Service. No portion of the DataUnlocker Services may be copied, reproduced, modified, published, uploaded, posted, transmitted or distributed in any way without DataUnlocker prior written permission. Neither the paid services provided to its customers by DataUnlocker hereunder nor this Terms of Service or any of its provisions provide customers with any title to or ownership rights or interest in the DataUnlocker Services or Documentation (or any component of either), but only a right of limited access and use as expressly set forth herein.

DataUnlocker, however, permits (a) referencing DataUnlocker and its resources in articles, social media and other websites with informative purposes, as well as (b) copying text materials, taking screenshots, capturing screen recordings etc and sharing it publicly using any media or other means of information channels as long as an appropriate visible and clearly readable reference to DataUnlocker website is present along with shared information.

Customers acknowledge that they has no rights to DataUnlocker's Intellectual Properties and all such titles, ownership rights, and intellectual property rights in and to the DataUnlocker Services, and any derived works shall remain solely with DataUnlocker.

All software and technology used on this site is the property of DataUnlocker or its software suppliers and is protected by Ukrainian and international copyright laws. Any use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is prohibited.

6. USING DATAUNLOCKER SERVICES

DataUnlocker provides its customers with access to the following services:

HTTP(s) proxy throughout multiple locations and jurisdictions with the use of multiple IP addresses.
Technical and business support with regards to the function of DataUnlocker Services.
Permission management of customer Properties, billing and notification features.
Granular configuration options for configuring proxy services manually.

To start using DataUnlocker services, you need to perform manual steps in order to (a) install the script on your website or web application and (b) create a DNS record on your domain pointing to DataUnlocker's services. Installation is done by completing the required installation steps given to you when registering your Property (your business entity, website domain) in DataUnlocker, to later use the Service and following the usage guidelines. You may not modify the given script code and you may place it according to the instructions on the screen. Not following the setup steps may result in DataUnlocker not functioning properly, and should be treated as a negligence in DataUnlocker installation process, which may result in a broken service. Incorrect setup done by you cannot be referred as a problem with DataUnlocker and its services, and may not be sufficient to reason about possible refund for the paid DataUnlocker service.

DataUnlocker intended use is to proxy failed network requests for whatever reason the customer desire, but limited to some conditions outlined in these Terms. A typical use case of DataUnlocker can be restoring network requests blocked by content blockers (ad blockers), as it may violate terms and conditions of customer's websites data collection policy and web applications usage. Customers may also use DataUnlocker for modifying network requests, such as adding additional headers to requests or transform it. DataUnlocker may generally be considered as a proxy service and used in this manner.

You may not use the service for any unintended scenarios, which are either: (c) violating the Property setup instructions or (d) are not outlined in these terms or outlined as inappropriate use of service or (e) was not previously agreed in a written form (email, chat) with DataUnlocker representative or (f) violate applicable laws in jurisdiction of a customer's Property (website, web application). You are responsible to determine what to proxy with the use of DataUnlocker services yourself, and any unintended services use or violating these terms can result in immediate DataUnlocker service use abruption without prior notification or refunds.

DataUnlocker reserves the right at any time in our sole discretion to cancel your registered account and suspend Services provided to you, in each case without any prior notice to you, if either (j) required to do so by law and authorities (h) an abusive or unintended use of DataUnlocker services was detected or (i) when receiving unrecognized or abnormal traffic from your property (website or web application), with the further investigation process until it will be safe for DataUnlocker to resume providing its services to you.

7. LICENSE LIMITATIONS

Customers may use DataUnlocker services for their own business by conforming with the intended use policies outlined in these Terms. Except as expressly permitted in this Terms of Service, DataUnlocker customers may not, nor may customers permit others to:

Allow anyone other than customers or customers' employees or contractors to use DataUnlocker Services, or any portion thereof, without DataUnlocker written permission.
Use DataUnlocker's materials, brand, data, information or provided Services to develop a similar service or other information resource in any media for sale, distribution or display to or use by others.
Use DataUnlocker Services in any fashion that may infringe any copyright, intellectual property right, contractual right, or proprietary or property right or interest held by DataUnlocker.
Transfer, distribute, rent, lease, assign, sell, or sub-license DataUnlocker Services, or any portion thereof unless expressly permitted under this Terms of Service.
Remove or obscure any copyright notice or proprietary notice or terms of use contained in DataUnlocker Services, DataUnlocker's websites or social media accounts.
Copy, translate, reverse engineer, decompile, decrypt, disassemble, derive source code, modify or prepare derivative works of DataUnlocker Services, such as DataUnlocker's JavaScript code which is installed on websites during the setup procedure.

8. PAYMENT AND REFUND POLICIES

DataUnlocker service uses pay-as-you-go prepaid billing model, which assumes customers pre-pay for the use of DataUnlocker Services using either (a) one-time purchases or (b) automatic purchases, according to automatic purchase terms presented to a user with DataUnlocker user interface. Customers shall be responsible for paying for DataUnlocker services associated with the use of the DataUnlocker proxy.

Customers that use DataUnlocker services are billed per megabyte of consumed bandwidth ("Bandwidth") for their associated Properties. Each purchase is a purchase of traffic which is proxied via DataUnlocker and can be transferred to other Properties registered on DataUnlocker according to the customer's needs.

Customers are charged is UAH currency, with its current USD equivalent is presented to the customer before the purchase, as well as the traffic amount a customer's property will receive by making a purchase. The UAH/USD rate for the purchase is set by DataUnlocker's payment provider, Fondy, and is equal to the current market value of UAH to USD. Customers are expected to be aware that their own bank may also charge a small additional fee for conversions between currencies.

The current price for using DataUnlocker services is specified on (c) DataUnlocker's website and (d) directly in DataUnlocker's user interface when making a one-time purchase or setting up automatic purchases. DataUnlocker reserves a right to change this price anytime without prior notice, notifying only those customers who have automatic purchases enabled and may unexpectedly receive a higher bill as a result of price changes.

Payments made on DataUnlocker websites for DataUnlocker services may only be refunded in 6 calendar days since the purchase was made, and only if the requested refund falls under one of these cases:

DataUnlocker's script, installed during the setup process turned to be breaking the customer's website or a part of its functionality, but only during the first installation of the script. DataUnlocker expects its customers to test the compatibility of the script with their websites first, giving them enough free prepaid traffic, which should prevent such cases. Any new functionality added by a customer after installing DataUnlocker's script may not be a reason for claiming a refund.
Any other scenario identified by DataUnlocker representative as feasible enough to make a refund of the recent purchase.

DataUnlocker reserves a right to refuse executing a refund for any particular customer if there is an objective reason on how DataUnlocker service can be consumed by a customer, but it's a customer either refuses to do so or performs and incorrect setup of DataUnlocker service.

DataUnlocker may not issue refunds for the unpredictably high charges for the prepaid traffic consumption for customers properties of both known or unknown nature, such as spikes in DataUnlocker proxy usage, DDoS or flood attacks on the customer's website, etc.

9. ENDING THESE TERMS

You may end any legal agreement with DataUnlocker at any time by deleting your Properties and your accounts from DataUnlocker admin console.

DataUnlocker may suspend or terminate your account and all Properties you created which are under your ownership or cease providing you with all or part of the services at any time for any or no reason, including, but not limited to, if we reasonably believe: (a) you have violated these Terms of Service, (b) you create risk or possible legal exposure for DataUnlocker; (c) your account should be removed due to unlawful conduct, (d) your account should be removed due to prolonged inactivity; or (e) our provision of the Services to you is no longer commercially viable. DataUnlocker will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms of Service shall terminate, including, without limitation, your license to use DataUnlocker services. If you believe your account was terminated in error you can reach out to DataUnlocker's customer support via [email protected]. For the avoidance of doubt, these Terms of Service survive the deactivation or termination of your account.

10. LIMITATION OF LIABILITY

DataUnlocker does not warrant that the Customer's use of the Services will be uninterrupted or error-free; nor that the Services and/or the information obtained by the Customer through the Services will meet the Customer's requirements; nor that the statistics or information provided in the Customer's Admin page will be accurate or complete; DataUnlocker is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet and other electronic communications, and the Customer acknowledges that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities. Customers should acknowledge DataUnlocker's service current and past status by visiting status.dataunlocker.com, but the past service status and performance is not necessarily an indicator of the future status and performance.

UNDER NO CIRCUMSTANCES WILL DATAUNLOCKER BE LIABLE TO THE CUSTOMERS OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT OR SERVICES PROVIDED UNDER THIS AGREEMENT OR THE BREACH OF THIS AGREEMENT OR RELATING TO ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DATAUNLOCKER'S LIABILITY FOR ALL CLAIMS ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY RECEIVED BY DATAUNLOCKER IN CONNECTION WITH THE PROVISION OF DATAUNLOCKER SERVICES UNDER THIS AGREEMENT AND CUSTOMERS AGREE THAT THE FOREGOING SHALL CONSTITUTE CUSTOMERS'S EXCLUSIVE REMEDY. CUSTOMERS HEREBY RELEASE DATAUNLOCKER, ITS REPRESENTATIVES, EMPLOYEES AND AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.