Terms of Use

Last updated 11/29/2020

These Terms of Use (the "Terms") are provided to visitors, customers and users (the "Customers" or "You") of the software-as-a-service platform "DataUnlocker" devoted to proxying blocked internet traffic (the "Service") and located at: https://DataUnlocker.com (the "Website" or also "Service", "we", "us", "our"), is operated by Nikita Savchenko (the "Owner"), the Ukrainian individual entrepreneur. These Terms describe terms and conditions of using provided by DataUnlocker.com Services by Customers and are based on the general, Internet ethical, common practices and policies.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICE. BY ACCESSING THE SERVICE 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 the Service, 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 the English language. Any phrase introduced by the Terms or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

The Scope

The use of this Website and Services are subject to the present Terms, Privacy Policy of the Service use (located at https://DataUnlocker.com). Terms and definitions used in Privacy Policy of the Platform shall be used in the same meaning herein.

We reserve the right to update or change these Terms at any time and you should check them periodically. Your continued use of the Service after we post any modifications to the Terms on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Terms.

The Use of the Service

In order to start using the Service, the Customer performs a registration process by creating their Account in terms of our Service. The registration process may not be completed by any automated software, "bots", etc.

The Customer (You) may use the provided Services for Your own business located in the Internet, Your website or Your web-based services, by completing the required installation steps given to You when registering your Property (your business and/or website domain) to use the Service and following the usage guidelines. You may not modify the given code or change/skip setup steps. Doing so can result in immediate Service use abruption without prior notification and refund.

You may not use the service for any unintended scenarios, which are either: (a) not mentioned in the Property setup instructions or (b) not previously agreed with us and/or the Owner of the Service. Doing so can result in immediate Service use abruption without prior notification and refund.

We reserve the right at any time in our sole discretion to cancel your registered Account and stop providing Services to you, in each case without any prior notice to You.

Privacy

The Service is committed to respecting your privacy. These terms and conditions together with our Privacy Policy set out the use that We may make of Your information.

We shall not publicly disclose that you have signed up to receive the Services unless You have given Us your permission to do so. We shall not publicly disclose any statistics that we have collected about Customers in any form that identifies the individual Customer.

We may: (a) analyze the Customer's Website (webpage or business itself) to better understand the business requirements and to verify the correctness of the installation steps; and (b) aggregate data collected from Customers' Websites to generate public statistics about the Service usage. We ensure that any specific information about Customers' Websites cannot be inferred from these public statistics.

Billing and Payments

Customers that use Our Service are billed per megabyte of consumed bandwidth ("Bandwidth") by their associated Property (website). Customers can be billed by either one-time payments made by Customer or the automatic credit card charge if the Customer agreed to set up such an option. Each purchase is a purchase of traffic which is proxied via DataUnlocker.

The charge happens is UAH currency, which 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's market value of UAH to USD. Customer is expected to be aware that their bank may also charge a small additional fee for conversions between currencies.

In the case when Customer does not pay for the Bandwidth in advance but continues to use the service, the provided service can be canceled. The Service will do its best to notify the Client about running out of Bandwidth prior they ran out of it.

Customer Obligations, Representations and Warranties

The Customer undertakes that it shall: (a) use all reasonable endeavors to prevent any unauthorized access to, or use of, the Services and, in the event of any such unauthorized access or use, promptly notify the Service. (b) ensure that any password or security code provided to it for the purpose of accessing the Customer’s Admin page or any other webpage of the Service is kept confidential and secure; the Customer’s must inform the Service immediately if it’s password or security code has been lost or stolen.

The Customer shall not: (a) license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit, or otherwise make the Services available to any third party; or access all or any part of the Services in order to build products or services which compete with the Service. Doing so can result in immediate Service use abruption without prior notification and refund, as well as any applicable legal actions taken.

The Service's Obligations

If the Services do not conform to the foregoing undertaking, The Owner will, at its own expense, endeavor to correct any such non-conformance within a reasonable timeframe, or make efforts to provide the Customer’s with an alternative means of accomplishing the desired performance.

The Owner: (a) 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; (b) 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.

There is no applicable refund policy exists in case of Customer is not satisfied with the provided service. The Customer is obliged to use the given free Bandwidth quota to test it with their Website or Internet service before making any Bandwidth purchase decisions.

Communication

Any notice required to be given under this Agreement shall be in writing and shall be delivered or sent via email to the other party at its address set out in this agreement or at the time of registration, or such other email address as may have been notified by that party for such purposes.

Where indicated in this Agreement, notices may be served by email and shall be deemed to have been received one working day after transmission.

You can reach Us at support@dataunlocker.com.

Governing Law and Jurisdiction

This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with the laws of Ukraine.