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Legal / Governing Documents

Terms of Service and Acceptable Use Policy

Effective: 20 April 2026 Version: 1.0

ProxySmart is a software vendor. We develop and license management software for mobile-proxy infrastructure to customers who procure, own and operate their own hardware, connectivity and SIM cards. We do not operate proxy services, and we do not operate SIM farms.

These Terms, together with the Acceptable Use Policy set out in Part B, govern the licensing and operation of the ProxySmart software. They apply to every customer who acquires, installs, or uses the software in any form.

Part A — Terms of Service

§ 1Acceptance of Terms

These Terms of Service (the "Terms") govern your purchase, installation, deployment and use of the ProxySmart software and any related services (together, the "Software") provided by ProxySmart ("ProxySmart", "we", "us"). By acquiring a licence to the Software, installing it, or using it in any way, you (the "Licensee" or "you") agree to be bound by these Terms, including the Acceptable Use Policy (the "AUP") set out in Part B, which forms an integral part of these Terms.

If you do not agree with these Terms, you must not acquire, install, or use the Software.

§ 2Definitions

Software means the ProxySmart mobile proxy farm management software, including any updates, documentation, APIs and associated tools provided by ProxySmart under a valid licence.
Infrastructure means the hardware, network connectivity, SIM cards, modems, servers, and other physical or virtual components that the Licensee procures, owns and operates to run the Software.
End User means any third party to whom the Licensee provides access to proxies, connectivity, or services enabled by the Software.
Applicable Law means any law, regulation, rule, order, or binding guidance of any jurisdiction relevant to the Licensee's operations, including (without limitation) telecommunications regulation, data protection and privacy law, consumer protection law, and anti-fraud, anti-money-laundering and counter-terrorism-financing law.
MNO means a mobile network operator whose SIM cards or network services the Licensee uses in connection with the Infrastructure.

§ 3Description of the Software

ProxySmart develops and licenses management software for mobile-proxy and connectivity infrastructure. The Software provides features including IP rotation, SOCKS5 and HTTP proxy interfaces, REST and CLI APIs, SMS and USSD handling, bandwidth control, access control, and monitoring.

ProxySmart is a software vendor. ProxySmart does not operate proxy services, SIM infrastructure, or telecommunications services. Licensees procure, own, and operate their own Infrastructure, and are solely responsible for all aspects of its deployment, including compliance with Applicable Law.

§ 4Legitimate Uses

The Software is designed and licensed for lawful commercial and research use. Non-exhaustive examples of legitimate uses include:

§ 5Licence Grant

Subject to the Licensee's continuing compliance with these Terms and payment of applicable fees, ProxySmart grants the Licensee a limited, non-exclusive, non-transferable, revocable licence to install and operate the Software for the Licensee's internal business purposes or, where expressly permitted under a specific commercial arrangement, for provision of services to End Users.

The licence does not include any right to sublicense, resell, or redistribute the Software itself, save where the Licensee has entered into a written partner, reseller, or marketplace agreement with ProxySmart.

§ 6Licensee Responsibilities

The Licensee is solely responsible for:

  1. Infrastructure and operations. Procuring, configuring, securing and operating all Infrastructure, including hardware, servers, SIM cards, modems and network connectivity.
  2. SIM card registration. Ensuring that all SIM cards used with the Software are lawfully acquired and registered in compliance with the terms of the relevant MNO and any statutory SIM-registration or identification requirements in the Licensee's jurisdiction.
  3. Telecommunications compliance. Obtaining any licences, authorisations, or registrations required of the Licensee by national telecommunications regulators, including (where applicable) registration as a provider of electronic communications services, and complying with all terms of service and acceptable use policies of the MNOs whose connectivity is used.
  4. Data protection. Complying with all applicable data protection and privacy laws (including the EU General Data Protection Regulation, the UK GDPR, the California Consumer Privacy Act, and equivalent regimes) in respect of any personal data processed through the Software or the Infrastructure.
  5. End User due diligence. Where the Licensee makes the Software, or services enabled by it, available to End Users, the Licensee shall: (i) conduct reasonable due diligence on End Users appropriate to the risk profile of the service (including identification of the End User and screening against applicable sanctions lists); (ii) maintain and enforce its own acceptable use policy, consistent with and no less strict than this AUP; (iii) retain records sufficient to respond to lawful requests from competent authorities; and (iv) promptly suspend or terminate End Users found to be in breach.
  6. Target services. Using the Software only in a manner consistent with the lawful rights and technical measures of any third-party website or service accessed through it, save where an overriding legal interest (such as good-faith public-interest security or academic research) applies.
  7. Tax and accounting. Registering with applicable tax authorities and complying with all tax, accounting, and commercial-registration obligations in the Licensee's jurisdiction.
  8. AUP compliance. Complying, and ensuring all End Users comply, with the Acceptable Use Policy set out in Part B.
Part B — Acceptable Use Policy

§ 7Prohibited Uses

The Software must not be used, directly or indirectly, and the Licensee must not permit any End User to use the Software or any service enabled by it, for any of the following:

7.1Fraud and deception. Any form of financial fraud, including payment or credit-card fraud, invoice fraud, business email compromise, romance scams, "hi mum / hi dad" or family-impersonation scams, investment fraud, fake-merchant fraud, bank- or authority-impersonation fraud, and advance-fee fraud.
7.2Phishing and smishing. The sending, hosting, or facilitation of phishing content of any kind, whether delivered by email, SMS, voice, instant message, or any other channel.
7.3Spam and unsolicited communications. Sending unsolicited bulk communications in breach of Applicable Law, including the EU ePrivacy Directive, the UK Privacy and Electronic Communications Regulations, the US CAN-SPAM Act and TCPA, and equivalent regimes.
7.4Unauthorised access. Account takeover, credential stuffing, password spraying, brute-force attacks, session hijacking, or any other unauthorised access attempt against third-party services.
7.5Circumvention of KYC, AML and sanctions. Using the Software to create, operate, or mask accounts established to circumvent the Know-Your-Customer, anti-money-laundering, counter-terrorism-financing, or sanctions-screening obligations of any regulated institution, payments provider, or marketplace.
7.6Mass creation of fraudulent online identities. Bulk creation of fake social media, marketplace, messaging, or communications accounts for use in fraud, coordinated inauthentic behaviour, influence or disinformation operations, market-listings abuse, or manipulation of online discourse.
7.7SIM box fraud and interconnect bypass. Termination of international voice traffic over mobile connectivity in a manner that bypasses lawful interconnect arrangements with MNOs ("SIM box fraud" or "interconnect bypass fraud").
7.8Child sexual abuse material. The access, storage, transmission, distribution, or facilitation of child sexual abuse material is absolutely prohibited, under any circumstances, in any jurisdiction.
7.9Harassment, stalking, doxxing. Harassment, stalking, targeted intimidation, non-consensual publication of private information, or non-consensual intimate imagery.
7.10Terrorism and violent extremism. Use in support of, incitement to, or glorification of terrorism or violent extremism, or the facilitation of serious violence against persons or property.
7.11Malware and offensive operations. Distribution of malware, ransomware, spyware, or other malicious code; operation of botnet command-and-control infrastructure; denial-of-service attacks; unlawful offensive cyber operations.
7.12Unlawful surveillance and interception. Unlawful interception of communications, unlawful surveillance of individuals, or use for any purpose that would breach applicable wiretap or communications-privacy law.
7.13Unlawful circumvention of security. Circumvention of technical protection measures in breach of Applicable Law, including conduct prohibited under the US Computer Fraud and Abuse Act, the UK Computer Misuse Act 1990, the EU Directive on Attacks against Information Systems (2013/40/EU), or equivalent legislation.
7.14Infringement of third-party rights. Infringement of intellectual property rights, trade-secret rights, rights of publicity, or privacy rights of third parties.
7.15Sanctions. Use in, on behalf of, or for the benefit of any jurisdiction, entity, or person subject to comprehensive sanctions administered by the EU, UK, US, or UN, to the extent prohibited by Applicable Law.

Zero-tolerance provisions. The Licensee acknowledges that clauses 7.5 (KYC/AML/sanctions circumvention), 7.7 (SIM box fraud), 7.8 (child sexual abuse material), 7.10 (terrorism) and 7.15 (sanctions) are matters of zero tolerance. Any credible evidence of such use will result in immediate licence revocation under § 9 and, where appropriate, referral to competent authorities.

§ 8Reporting Abuse

Reports of suspected misuse of the Software may be submitted, in writing, to [email protected]. Reports should identify, so far as the reporter is able:

ProxySmart will acknowledge substantive abuse reports within five (5) business days and will investigate credible reports. Where ProxySmart determines that a Licensee is in breach of these Terms or the AUP, ProxySmart may take any of the steps set out in § 9.

Reporters acting in good faith will not be identified to the Licensee without the reporter's consent, save where ProxySmart is required by Applicable Law or valid legal process to do so.

§ 9Suspension and Termination

ProxySmart may, in its discretion and without prejudice to any other remedies available to it:

  1. suspend access to updates, support, cloud-hosted components, or marketplace services;
  2. revoke the Licensee's licence with immediate effect upon a material breach of these Terms or the AUP, or upon credible evidence of use of the Software in connection with activity prohibited under § 7;
  3. cooperate with competent authorities in the investigation of suspected unlawful activity, as set out in § 10;
  4. publicly disclose the fact that a Licensee's licence has been revoked for breach, to the extent consistent with Applicable Law;
  5. withhold refunds of any fees paid where termination follows a breach of these Terms.

Upon termination, the Licensee must cease all use of the Software, uninstall all copies, and destroy any ProxySmart-supplied materials in its possession. The provisions of §§ 11 to 15 survive termination.

§ 10Law Enforcement Cooperation

ProxySmart cooperates with valid, lawful requests from competent law enforcement, judicial, and regulatory authorities. Such requests should be directed to [email protected] and must be accompanied by documentation evidencing the lawful basis for the request.

Consistent with Applicable Law, ProxySmart will:

  1. respond to valid legal process in accordance with its obligations;
  2. preserve, where lawfully possible, relevant records in its possession upon receipt of a properly formulated preservation request from a competent authority;
  3. disclose information to the extent required by Applicable Law or valid legal process, and no further; and
  4. reserve the right to notify affected Licensees of requests unless legally prohibited from doing so.
For the avoidance of doubt: ProxySmart does not possess, and therefore cannot disclose, the content of traffic, End User data, SIM-level records, or operational logs held on the Licensee's Infrastructure, which is wholly under the control of the Licensee. Requests for such material must be directed to the Licensee that operates the relevant Infrastructure.
Part C — General Provisions

§ 11Intellectual Property

All intellectual property rights in and to the Software, including its source code, object code, documentation, user interfaces, APIs, and trademarks, are and remain the exclusive property of ProxySmart. No title or ownership is transferred by these Terms. The licence granted is subject to and conditional upon compliance with these Terms.

Reverse engineering, decompilation, or disassembly of the Software is prohibited, save to the extent such activity is permitted by mandatory provisions of Applicable Law.

§ 12Warranties and Disclaimers

To the maximum extent permitted by Applicable Law, the Software is provided "as is" and "as available". ProxySmart disclaims all warranties, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

The Licensee acknowledges that ProxySmart does not warrant that the Software is suitable for any particular purpose of the Licensee, that it will achieve any particular result, or that its operation will be uninterrupted or error-free.

§ 13Limitation of Liability

To the maximum extent permitted by Applicable Law, in no event will ProxySmart be liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, loss of revenue, loss of data, or business interruption, arising out of or in connection with the Software or these Terms.

ProxySmart's total aggregate liability arising out of or in connection with these Terms shall not exceed the fees paid by the Licensee to ProxySmart in the twelve (12) months preceding the event giving rise to liability.

Nothing in these Terms excludes or limits ProxySmart's liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under Applicable Law.

§ 14Indemnification

The Licensee agrees to indemnify, defend, and hold harmless ProxySmart, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

  1. the Licensee's use of, or any End User's use of, the Software;
  2. any breach by the Licensee of these Terms or the AUP;
  3. any violation by the Licensee or any End User of Applicable Law; and
  4. any claim by a third party — including a mobile network operator, data subject, target website, or regulator — arising from the Licensee's Infrastructure or its operation.

§ 15Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of [jurisdiction to be confirmed by counsel], without regard to its conflict-of-laws principles. The courts of [jurisdiction] shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, save that ProxySmart may bring proceedings to protect its intellectual property rights in any jurisdiction in which infringement occurs.

§ 16Changes to these Terms

ProxySmart may update these Terms from time to time. Material changes will be notified to Licensees by email and/or by notice posted on the ProxySmart website. The effective date of the then-current Terms will be stated at the top of this page. Continued use of the Software after such notice constitutes acceptance of the revised Terms.

§ 17Contact