Acceptable Use Policy
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Acceptable Use Policy

PROSOX LLC · Effective date: October 26, 2026 · Last updated: October 26, 2026

1. Scope, Incorporation, Definitions, and Service Models

1.1. Scope and Incorporation. This Acceptable Use Policy (the “AUP” or “Policy”) governs all access to and use of the Services of PROSOX LLC, a Delaware limited liability company (“Prosox,” “we,” “us,” or “our”). This AUP is incorporated by reference into, and forms part of, the Prosox Terms of Service (the “ToS”), and the Customer accepts it as part of the Agreement in accordance with Section 24 of the ToS. Capitalized terms used but not defined in this AUP have the meanings given to them in the ToS.

1.2. Definitions. The following terms have the meanings given to them in Section 2.1 of the ToS and are repeated here for convenience; in the event of any inconsistency, the definitions in the ToS control:

  • “Applicable Law” means all laws, regulations, binding regulatory requirements, and court or administrative orders that apply to the Customer, to Prosox, to the relevant Target Resource, or to the relevant activity or data.
  • “Customer” has the meaning given to it in the ToS. End Users are not parties to the Agreement. The Customer’s obligations under this AUP apply to all use of the Services under its account, credentials, or integration, including use by its End Users; the Customer shall ensure that its End Users comply with this AUP and is responsible for their acts and omissions as provided in Section 2.3.
  • “End User” means any person who accesses or uses the Services through the Customer’s account, credentials, API keys, integration, or resale offering, including the Customer’s employees, contractors, and, where resale is authorized, the Customer’s own customers.
  • “API Services” means the Prosox application programming interface through which the Customer manages Proxy Services, orders Managed Data Services, or receives their results or Datasets. Prosox’s role in connection with API Services is determined by the Service to which the API provides access, as described in Section 1.5.
  • “Datasets” means pre-compiled datasets that Prosox has collected or prepared on its own initiative, rather than on the Customer’s individual instructions, and makes available to the Customer under an Order.
  • “Managed Data Services” means Services under which Prosox, in accordance with an Order, statement of work, or API specification, configures, performs, or delivers the results of data-collection or data-processing operations on the Customer’s behalf and on its instructions, including through API Services, and includes custom data-collection projects ordered by the Customer. Datasets are not Managed Data Services.
  • “Order” means any order form, plan selection, checkout page, dashboard confirmation, subscription, statement of work, or other ordering document accepted by Prosox under the ToS.
  • “Proxy Services” means residential, mobile, datacenter, ISP, IPv6, UDP, and other proxy and network-connectivity Services through which the Customer itself directs Traffic to Target Resources.
  • “Services” means the Proxy Services, the Managed Data Services, the API Services, the Datasets, the Prosox dashboard, and all related products and services provided by Prosox.
  • “Target Resource” means any website, application, API, server, network, device, or other system to which Traffic is directed or from which data is collected.
  • “Traffic” means all requests, connections, communications, and data transmitted through the Services under the Customer’s account, credentials, or integration.
  • “Upstream Supplier” means any independent third party that supplies to Prosox IP addresses, network capacity, proxy infrastructure, or other resources used to provide the Services.

1.3. Relationship to Other Documents. The allocation of subject matter among the ToS, this AUP, the Privacy Policy, the Cookie Policy, the Refund and Cancellation Policy, the KYC/KYB Policy, and any executed Data Processing Agreement (a “DPA”) is set out in Section 3.2 of the ToS, and the order of precedence is set out in Section 3.3 of the ToS and repeated in Section 15.4 of this AUP. This AUP governs permitted and prohibited use of the Services, Customer conduct obligations, and Prosox’s investigation and enforcement measures. Nothing in this AUP excludes or limits any right or obligation that cannot be excluded or limited under Applicable Law.

1.4. Interpretation. The prohibitions in this AUP are illustrative and not exhaustive. The words “including,” “include,” and “such as” mean “including without limitation.” The fact that an activity is not specifically listed does not mean it is permitted. Prosox interprets and enforces this AUP in its reasonable discretion, exercised in good faith.

1.5. Role of Prosox Under Each Service Model. Prosox’s role depends on the Service concerned:

  • Proxy Services. When the Customer uses Proxy Services, the Customer alone determines whether, when, how, and to which Target Resources Traffic is sent, and the content of that Traffic. In providing Proxy Services, Prosox acts as a provider of network connectivity and transmission infrastructure: it routes Traffic through automated technical processes and does not select the recipients of Traffic or select or modify its content, except as technically necessary to transmit it, to secure the network, or to enforce this AUP.
  • Managed Data Services. When Prosox provides Managed Data Services, Prosox performs the technical operations described in the applicable Order on the Customer’s documented instructions. The Customer remains responsible for selecting the Target Resources and data, for the lawfulness of its instructions, and for its use of the data delivered. Prosox is responsible for performing the Managed Data Services in accordance with the ToS, the Order, and, where applicable, the DPA. Prosox may decline or suspend any instruction that it reasonably believes is unlawful, violates this AUP, or creates material legal, security, or reputational risk.
  • Datasets and Other Services. With respect to Datasets and other products compiled by Prosox on its own initiative, Prosox’s role and responsibilities are as set out in the ToS, the Order, and any applicable product terms. The Customer is responsible for the lawfulness of its subsequent use of Datasets.

1.6. No Authorization to Access Third-Party Systems. Neither the provision of the Services nor anything in this AUP grants the Customer any right, license, or authorization to access any Target Resource or third-party data, and Prosox does not act as the Customer’s agent in dealing with any Target Resource.

1.7. No Legal Advice. This AUP does not constitute legal advice. The Customer is solely responsible for determining whether its activities, instructions, and use of data are lawful in every relevant jurisdiction, and for obtaining its own legal counsel.

2. Customer Eligibility, Obligations, and Responsibility

2.1. Eligibility. The Services are designed primarily for business and professional use; Consumers (as defined in the ToS) may use them subject to the ToS and this AUP. Each Customer and End User who is an individual must be at least 18 years of age and have legal capacity to enter into binding contracts. Any person accepting this AUP on behalf of an entity represents that he, she, or they have authority to bind that entity.

2.2. Customer Obligations. The Customer shall:

  • comply with Applicable Law, the ToS, this AUP, each Order, and any Upstream Supplier restrictions communicated to it in accordance with Section 10.2;
  • have, and on Prosox’s reasonable written request demonstrate, a lawful basis and any authorization required for accessing each Target Resource and for collecting, processing, storing, transferring, and using any data obtained through the Services;
  • provide all notices to, and obtain all consents and authorizations from, its End Users and any other persons that are required under Applicable Law for the Customer’s use of the Services and for Prosox’s processing described in Section 11;
  • keep its credentials, API keys, tokens, and IP allowlists confidential and secure, and not sell, share, publish, or otherwise make them available to anyone other than its authorized End Users;
  • notify Prosox at support@prosox.io without undue delay, and in any event within 24 hours after becoming aware, of any actual or reasonably suspected unauthorized access to, or compromise of, its account or credentials;
  • bind each End User to written terms that are at least as protective of Prosox as this AUP, take reasonable measures to monitor End User compliance, and promptly stop any End User violation of which it becomes aware;
  • respond completely and truthfully to any written inquiry by Prosox concerning a suspected violation within 48 hours, or within 24 hours where Prosox reasonably designates the matter as urgent, and, to the extent permitted by Applicable Law, provide information reasonably sufficient to identify the End User or use case concerned.

2.3. Responsibility for Traffic and End Users. The Customer is responsible for all Traffic and all activity conducted through its account, credentials, or integration, whether or not authorized by the Customer, and for the acts and omissions of its End Users as if they were its own, except to the extent such Traffic or activity results from Prosox’s breach of the ToS, gross negligence, or willful misconduct, including a security breach of Prosox’s systems not attributable to the Customer or its End Users.

2.4. Verification (KYC/KYB). Before activation of the Services, the Customer must complete initial identity and eligibility verification under the Prosox KYC/KYB Policy, as provided in Section 5.1 of the ToS. The scope of verification is determined by Applicable Law and Prosox’s risk assessment. Prosox may at any time require additional verification where risk factors arise (including changes in the Customer’s use case, volume, payment method, ownership, or location), periodic re-verification, and enhanced due diligence for Customers, transactions, or use cases that Prosox considers high-risk, and may refuse, limit, suspend, or terminate the Services as provided in Section 5.3 of the ToS. Providing false, incomplete, or misleading information concerning identity, ownership, beneficial owners, location, payment methods, or the intended use of the Services is a material breach of this AUP.

2.5. Cooperation and Preservation. The Customer shall cooperate in good faith with any investigation by Prosox concerning Traffic under its account and, to the extent permitted by Applicable Law, preserve the records in its possession relating to a reported incident for at least 90 days after Prosox’s written notice. If Prosox notifies the Customer of a pending legal claim, legal hold, or governmental request, that period is extended for the period stated in the notice, but no longer than reasonably necessary for the relevant claim, proceeding, or request. Such preservation shall comply with Applicable Law, including data-protection law, and ends when Prosox confirms that the need has ended, unless a longer period is required by law.

3. Prohibited Unlawful and Fraudulent Activity

3.1. General Prohibition. The Services may not be used for, or in connection with, any activity that is unlawful under Applicable Law, or that facilitates, promotes, or encourages such activity.

3.2. Fraud and Financial Crime. The following are prohibited:

  • fraud of any kind;
  • identity theft; impersonation of any person or entity;
  • payment fraud, carding, and the testing, validation, or use of stolen payment-card, bank-account, or credential data; account takeover;
  • account takeover;
  • fraudulent chargebacks and refund fraud;
  • money laundering, terrorist financing, and the operation of unlicensed money-transmission businesses;
  • market manipulation and securities or commodities fraud;
  • and the evasion of know-your-customer, anti-money-laundering, or anti-fraud controls of any financial institution, payment provider, or regulated platform.

3.3. Deception. The following are prohibited:

  • phishing, pharming, and smishing; social engineering;
  • fake or cloned websites, applications, and forms;
  • advertising fraud, including click, impression, install, and attribution fraud;
  • creating or operating fraudulent or deceptive accounts;
  • evading blocks, bans, or restrictions imposed on the Customer or an End User for misconduct.

3.4. Other Unlawful Conduct. The following are prohibited:

  • unlawful surveillance and stalking; harassment, threats, and intimidation;
  • unlawful disclosure of personal information;
  • trafficking in illegal goods or services, including controlled substances, weapons, and counterfeit goods;
  • unlicensed gambling, and the circumvention of geolocation, age, or eligibility controls of regulated gambling, betting, or financial services;
  • infringement or misappropriation of intellectual-property, privacy, or publicity rights; and election interference,
  • including voter intimidation and the dissemination of deceptive information about voting.

4. Network Security and Cyber Violations

4.1. Unauthorized Access. The following are prohibited:

  • accessing, or attempting to access, any system, account, or data without authorization or in excess of authorization, including in violation of the Computer Fraud and Abuse Act (18 U.S.C. § 1030) or comparable laws;
  • credential stuffing and password spraying;
  • brute-force and password-cracking attacks;
  • session hijacking and cookie theft;
  • interception of communications in violation of the Electronic Communications Privacy Act (including 18 U.S.C. § 2511) or comparable laws;
  • circumventing authentication, authorization, or security measures without the authorization of the owner of the relevant system.

4.2. Attacks and Malicious Code. The following are prohibited:

  • denial-of-service attacks (DoS/DDoS), flooding, amplification, and other conduct that disrupts or degrades any network, system, or service;
  • creating, distributing, hosting, or operating command-and-control infrastructure for viruses, worms, ransomware, spyware, trojans, information stealers, or other malicious code;
  • vulnerability scanning, port scanning, penetration testing, or exploitation of vulnerabilities without the prior written authorization of the owner of the relevant system.

4.3. Botnets. Creating, distributing, operating, or renting botnets or other networks of compromised devices, and routing Traffic from or for any such network, are prohibited.

4.4. Authorized Security Testing. Security testing of third-party systems through the Services is permitted only under a valid prior written authorization from the system owner, strictly within its scope and time frame, and only if the Customer provides a copy of that authorization to Prosox upon request. Testing of Prosox’s own systems requires Prosox’s prior written consent.

4.5. Protection of Prosox, Upstream Suppliers, and Network Peers. The following are prohibited:

  • attacking, probing, or interfering with the infrastructure of Prosox or any Upstream Supplier;
  • circumventing rate, concurrency, bandwidth, or geographic limits;
  • manipulating traffic accounting or billing;
  • attempting to identify, access, monitor, or interfere with any device, local network, or person that provides an IP address or connectivity to the Services, including any residential or mobile exit node, or with any private, loopback, link-local, or otherwise reserved address space reachable through such a device;
  • any activity that degrades the Services for other users or exposes Prosox, its Upstream Suppliers, or such persons to legal liability or reputational harm.

4.6. Restricted Protocols and Ports. Unless expressly authorized in an Order, the following are prohibited through the Services:

  • sending email over SMTP (including through port 25);
  • peer-to-peer file sharing, including BitTorrent;
  • operating Tor relays or open proxies.

Prosox may block or restrict any port, protocol, or destination for security, legal, or network-integrity reasons.

5. Spam, Messaging, and Platform Manipulation

5.1. Unsolicited Communications. The following are prohibited:

  • sending unsolicited commercial or bulk email, text messages, calls, or other messages in violation of the CAN-SPAM Act (15 U.S.C. § 7701 et seq.), the Telephone Consumer Protection Act (47 U.S.C. § 227), or comparable laws;
  • comment, forum, and messaging spam;
  • unlawful or deceptive automated posting.

5.2. Platform Manipulation. The following are prohibited:

  • creating accounts in bulk for fraudulent, deceptive, or abusive purposes;
  • inauthentic manipulation of engagement, followers, ratings, rankings, polls, or search results;
  • coordinated inauthentic behavior;
  • writing, purchasing, procuring, or disseminating fake or deceptive consumer reviews or testimonials, including in violation of the Federal Trade Commission’s Trade Regulation Rule on the Use of Consumer Reviews and Testimonials (16 C.F.R. Part 465).

5.3. Ticketing. Circumventing access controls, security measures, purchase limits, or queues of online ticket sellers, including in violation of the Better Online Ticket Sales Act of 2016 (15 U.S.C. § 45c) or comparable state laws, is prohibited.

5.4. Network Reputation. Activity that causes, or is reasonably likely to cause, IP addresses, ranges, or autonomous systems used by Prosox or its Upstream Suppliers to be listed on spam, abuse, or threat-intelligence block lists is prohibited. The Customer’s responsibility for related remediation costs is set out in Section 14.2.

6. Data Collection, Target Resources, and Personal Data

6.1. Lawful Access. The public availability of information does not, by itself, confer an unlimited right to collect or use it. The following are prohibited:

  • accessing non-public or access-restricted data without authorization;
  • circumventing logins, paywalls, CAPTCHAs, IP blocks, or other technological access controls where doing so is unlawful, including under 17 U.S.C. § 1201 or comparable laws;
  • continuing to access a Target Resource after authorization has been revoked by a cease-and-desist letter or other clear notice;
  • creating or using fake, purchased, or third-party accounts to access data available only after login.

6.2. Responsible Collection. The Customer shall:

  • limit request rates and volumes so as not to impair, overload, or disrupt any Target Resource;
  • comply with the terms of use, robots.txt directives, and similar instructions of Target Resources to the extent they are legally binding on the Customer;
  • cease collection from any Target Resource promptly upon Prosox’s written request.

6.3. Personal Data and Allocation of Roles.

  • Roles determined by the facts. Each party’s role under data-protection laws, including the GDPR and UK GDPR (Articles 4(7), 4(8), 26, and 28) and U.S. state privacy laws, is determined by the actual circumstances of each processing operation and Applicable Law. The allocation below reflects the parties’ intended roles and does not override that determination.
  • Prosox as independent controller. Prosox acts as an independent controller (or business) for account, billing, verification, support, and security data and for the Service metadata described in Section 11, as described in the Privacy Policy.
  • Proxy Services. The Customer is the controller (or business) of any personal data contained in its Traffic or collected through the Proxy Services, because the Customer alone determines the purposes and means of that collection. To the extent Prosox processes such personal data in transmitting Traffic, it does so transiently and solely to provide the Services, as a processor or service provider on the Customer’s behalf where Applicable Law so characterizes that processing.
  • Managed Data Services. Unless an Order or DPA provides otherwise, the Customer is the controller and Prosox acts as a processor or service provider for personal data collected or processed on the Customer’s behalf, and the parties shall execute a DPA meeting the requirements of GDPR Article 28 and comparable laws before such processing begins where Applicable Law requires one. Prosox will inform the Customer if, in its opinion, an instruction infringes Applicable Law, to the extent required by GDPR Article 28(3).
  • Datasets. To the extent Datasets contain personal data, Prosox acts as an independent controller (or business) with respect to its own compilation of the Datasets, and the Customer acts as an independent controller (or business) with respect to its receipt and use of them, as provided in Section 11.4 of the ToS.
  • Joint controllership. Joint controllership arises only if and to the extent the parties in fact jointly determine the purposes and means of a particular processing operation, as determined by the actual circumstances and Applicable Law, including Article 26 of the GDPR and UK GDPR. Neither this AUP nor the provision of the Services, by itself, makes Prosox a joint controller. Where joint controllership arises, the parties shall determine their respective responsibilities in a written arrangement in accordance with Article 26 of the GDPR; pending such arrangement, each party is responsible for the obligations relating to the aspects of the processing that it in fact determines, and the Customer retains the responsibilities set out in this Section 6.3 to the extent permitted by Applicable Law. This provision does not limit the rights of data subjects under Article 26(3) of the GDPR.
  • Customer responsibilities. The Customer, as controller, is responsible for
    • establishing a lawful basis for processing;
    • providing notices to data subjects, including under GDPR Article 14 where applicable;
    • conducting any required data-protection impact assessments;
    • responding to data-subject requests;
    • complying with restrictions on international transfers;
    • its own downstream use, sale, and disclosure of personal data.
  • Prohibited processing. The following are prohibited:
    • unlawful collection or processing of biometric data (including in violation of the Illinois Biometric Information Privacy Act, 740 ILCS 14), health data, financial-account data, precise geolocation data, or other sensitive personal data;
    • unlawful collection of personal information from children, including in violation of the Children’s Online Privacy Protection Act (15 U.S.C. § 6501 et seq.);
    • doxxing, stalking, harassment, and bullying;
    • discriminatory or otherwise unlawful profiling;
    • any sale, sharing, or disclosure of personal data in violation of Applicable Law, including the GDPR, the UK GDPR, the California Consumer Privacy Act, and other U.S. state privacy laws.
  • Data minimization and security. The Customer shall collect only the personal data necessary for its lawful purposes and protect it with appropriate technical and organizational measures.

6.4. Foreign-Adversary Data Restrictions. The Customer shall not use the Services in violation of the Protecting Americans’ Data from Foreign Adversaries Act of 2024 or the U.S. Department of Justice’s Data Security Program (28 C.F.R. Part 202). In particular, the Customer shall not use the Services:

  • to engage in any prohibited transaction under 28 C.F.R. Part 202;
  • to engage in any restricted transaction under 28 C.F.R. Part 202 without complying with the requirements applicable to it, including security, due-diligence, and recordkeeping requirements, unless an exemption or license applies;
  • otherwise to give a country of concern or a covered person access to bulk U.S. sensitive personal data or U.S. government-related data in violation of those rules.

6.5. Intellectual Property and AI Training. The following are prohibited:

  • infringement or misappropriation of copyrights, trademarks, patents, trade secrets, or database rights;
  • distribution of pirated content or counterfeit goods;
  • unlawful circumvention of digital rights management or other technological protection measures.

The Customer is solely responsible for obtaining all rights required to collect, reproduce, use, or train artificial-intelligence or machine-learning models on content obtained through the Services.

6.6. Independent Assessment; No Guarantee of Lawfulness. The automated nature of collecting publicly available information does not, by itself, make that collection prohibited. The Customer independently assesses the method of access, the terms of each Target Resource, data-protection obligations, and other applicable rules. Prosox makes no representation or warranty that any Target Resource, dataset, collection method, or use of data is lawful, and Prosox may refuse, block, or discontinue any data-collection activity that it reasonably believes is unlawful, presents material risk, or is the subject of a credible complaint.

7. Child Safety and Egregious Violations

7.1. Child Sexual Exploitation. The following are strictly prohibited:

  • producing, soliciting, receiving, possessing, storing, transmitting, distributing, or facilitating child sexual abuse material (CSAM), including computer-generated, AI-generated, or digitally altered imagery that depicts or appears to depict a minor engaged in sexually explicit conduct to the extent prohibited by Applicable Law;
  • grooming; sextortion;
  • any other sexual exploitation of minors.

7.2. Legally Required Actions. To the extent 18 U.S.C. § 2258A applies to Prosox, upon obtaining actual knowledge of the facts or circumstances described in 18 U.S.C. § 2258A(a)(2), Prosox submits the reports to the National Center for Missing & Exploited Children (NCMEC) required by that section, in the manner and within the time it prescribes, and preserves materials as required by 18 U.S.C. § 2258A(h). This Section creates no obligation of Prosox beyond those imposed by law. Consistent with 18 U.S.C. § 2258A(f), nothing in this AUP requires Prosox to monitor any Customer, End User, or Traffic, or to affirmatively search for, screen, or scan for any material.

7.3. Discretionary Measures. In addition to any legally required actions, Prosox may, at its discretion and to the extent permitted by Applicable Law:

  • immediately and without prior notice suspend or permanently terminate all accounts of the Customer and refuse future service;
  • report the matter to other competent authorities in any relevant jurisdiction;
  • and preserve relevant records for as long as reasonably necessary for the purposes described in Section 12.

Prosox’s actions under this Section 7 are limited to the information it actually holds and the technical measures actually available to it.

7.4. Other Egregious Violations. The following are prohibited:

  • human trafficking and forced labor;
  • creating, publishing, or distributing non-consensual intimate imagery, including AI-generated or digitally altered depictions of identifiable persons, including in violation of the TAKE IT DOWN Act or comparable laws;
  • credible threats of violence and incitement to violence;
  • providing material support to, or facilitating, terrorist or violent extremist organizations or activities;
  • trafficking in weapons, explosives, or controlled substances.

7.5. Egregious Violations. Violations of this Section 7, of Section 8, and of Section 11.7 are “Egregious Violations.” No notice or cure period applies to an Egregious Violation, and Prosox may take any measure described in Section 11.5 immediately.

8. Sanctions and Export Controls

8.1. Legal Requirements. The Customer shall not use the Services, or permit any person to use them, in any manner that would violate, or cause Prosox to violate, any sanctions or export-control law applicable to the Customer, to Prosox, or to the transaction, including:

  • OFAC sanctions. Economic sanctions administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), including prohibitions on dealings
    • with persons on the Specially Designated Nationals and Blocked Persons List (“SDN List”);
    • with entities that are blocked under OFAC’s 50 Percent Rule because they are owned, directly or indirectly, 50 percent or more in the aggregate by one or more blocked persons;
    • with persons subject to sectoral or service-based prohibitions;
    • with persons located, ordinarily resident, or organized in territories subject to comprehensive U.S. sanctions (which, as of the date of this AUP, include Cuba, Iran, North Korea, and the Crimea, so-called Donetsk People’s Republic, and so-called Luhansk People’s Republic regions of Ukraine, as such list may change from time to time) (“Sanctioned Territories”).
  • Export controls. The Export Administration Regulations (15 C.F.R. Parts 730–774) (“EAR”) administered by the U.S. Department of Commerce’s Bureau of Industry and Security, to the extent they apply to any software, technology, or activity involved, including
    • restrictions relating to parties on the Entity List, the Denied Persons List, the Unverified List, and the Military End-User List;
    • any rule extending Entity List restrictions to affiliates of listed parties, as in effect from time to time;
    • the end-use and end-user controls of 15 C.F.R. Part 744.
  • Other regimes. Sanctions and export-control laws of the United Nations, the European Union and its member states, the United Kingdom, and other jurisdictions, to the extent they apply to the Customer, to Prosox, or to the transaction.

8.2. Prohibited Persons and Uses. Without limiting Section 8.1, the Customer shall not use the Services to provide access, routing, connectivity, data, or any other benefit to or for:

  • (a) any person on the SDN List or any other restricted-party list described in Section 8.1, to the extent dealings with that person are prohibited;
  • (b) any entity blocked under OFAC’s 50 Percent Rule;
  • (c) any person located, ordinarily resident, or organized in a Sanctioned Territory, or the government of any such territory;
  • (d) any end use or end user prohibited under the EAR.

Re-export or transfer of access to the Services in violation of Applicable Law, and any circumvention of these restrictions through intermediaries, resellers, front companies, VPNs, proxies, or other means, are prohibited.

8.3. Prosox Risk-Based Restrictions. Separately from, and in addition to, the requirements of Applicable Law, Prosox may as a matter of its own risk policy decline to establish or continue a relationship with, or restrict Services to:

  • persons controlled (even without 50 percent ownership) by, or acting on behalf of, sanctioned persons;
  • persons listed on sanctions or restricted-party lists of jurisdictions whose laws do not apply to Prosox;
  • persons located in, or Traffic originating from or directed to, jurisdictions that Prosox designates as high-risk;
  • any person, payment, or use case that Prosox reasonably considers to present elevated sanctions, export-control, or financial-crime risk.

Such restrictions reflect Prosox’s risk management and are not representations that the relevant activity is prohibited by law. Prosox will apply them in compliance with Applicable Law, including applicable anti-discrimination and anti-boycott laws.

8.4. Customer Representations. The Customer represents and warrants, on acceptance of this AUP and on each use of the Services, that

  • neither the Customer nor, to the Customer’s knowledge after reasonable inquiry, any of its beneficial owners, directors, officers, or End Users (a) is a person described in Section 8.2(a)–(c);
  • or (b) will use the Services for any purpose described in Section 8.2(d).

The Customer shall notify Prosox immediately if any of these representations ceases to be true.

8.5. Prosox Rights. Prosox may screen Customers, beneficial owners, payments, IP addresses, and use cases; block access from or to any jurisdiction or party; and, where it reasonably suspects a violation of this Section 8, immediately suspend the Services and terminate them in accordance with Section 17.3(a) of the ToS. Where Applicable Law requires, Prosox may block or reject funds or transactions and report them to the competent authorities. A potential list match is assessed under the relevant regime, taking into account applicable licenses, general licenses, and exemptions. To the fullest extent permitted by Applicable Law, Prosox shall have no liability for any action taken in good faith to comply with sanctions or export-control laws.

9. Restricted Use Cases and Target Restrictions

9.1. Restricted Categories. Prosox may at any time, with or without notice, block, restrict, or require prior written approval for Traffic to particular Target Resources, categories of Target Resources, or use cases that Prosox reasonably considers to present elevated legal, security, sanctions, or reputational risk, including:

  • government and military systems;
  • online banking and payment-account interfaces;
  • healthcare portals;
  • critical infrastructure;
  • ticketing platforms;
  • regulated gambling or financial services.

9.2. Approval Conditions. Where prior approval is required, the Customer shall not engage in the restricted use case until Prosox approves it in writing. Prosox may condition approval on additional verification, contractual commitments, or technical limitations, and may withdraw approval if the risk profile changes. Prosox’s approval of a use case is not a determination or representation that the use case is lawful and does not relieve the Customer of any obligation under this AUP.

9.3. Relationship to Sanctions. Restrictions under this Section 9 are in addition to, and do not limit, Section 8.

10. Upstream Suppliers, Network Resources, and Resale

10.1. Third-Party Resources. Some IP addresses, network capacity, and proxy infrastructure are provided by independent Upstream Suppliers. Prosox may acquire, license, and resell access to third-party resources. The Customer obtains only a non-exclusive, non-transferable right to use the resources made available to it during the term of its Order and acquires no ownership of, or other right in, any IP address, range, autonomous system, or device.

10.2. Supplier Restrictions. Upstream Supplier restrictions bind the Customer to the extent they are included in an Order, published in the Service documentation, or otherwise communicated to the Customer before they take effect. Where an Upstream Supplier imposes a restriction with immediate effect for legal, security, or abuse-prevention reasons, Prosox may apply it immediately and will notify the Customer as soon as practicable.

10.3. Changes to Resources. The Customer acknowledges that third-party resources are inherently variable. Subject to the ToS and the Order, Prosox may, and Upstream Suppliers may cause Prosox to:

  • replace, rotate, reassign, or withdraw IP addresses;
  • restrict or discontinue access to particular IP addresses, ranges, carriers, or geographic locations;
  • change technical specifications, protocols, or performance parameters;
  • suspend resources that are the subject of abuse complaints, block-listing, or third-party claims;
  • suspend or discontinue resources upon an Upstream Supplier’s interruption, suspension, or termination of service.

Except as expressly stated in an Order, Prosox does not guarantee the availability of any particular IP address, geographic location, carrier, Upstream Supplier, success rate, or Target Resource.

10.4. Complaints, Claims, and Requests Concerning Supplier Resources. Prosox may forward to the Customer, and to the relevant Upstream Supplier, abuse complaints, third-party claims, and, to the extent permitted by Applicable Law, governmental requests relating to Traffic transmitted through supplier resources under the Customer’s account, and may share with the Upstream Supplier the information reasonably necessary to handle them in accordance with the Privacy Policy. The Customer acknowledges that certain records may be held only by Upstream Suppliers, that Prosox may be unable to obtain or produce them, and that, to the extent Upstream Suppliers act independently and not on Prosox’s behalf, Prosox is not responsible for their logging, retention, or disclosure practices. This does not limit Prosox’s own obligations under Applicable Law.

10.5. Remedies. If an Upstream Supplier event or a measure under this Section 10 materially reduces an active, paid Service, the Customer’s sole and exclusive remedies are those provided in the ToS, the Order, and the Refund and Cancellation Policy, subject to mandatory Applicable Law.

10.6. Resale by the Customer. Resale, sublicensing, or white-labeling of the Services is permitted only with Prosox’s express written authorization in an Order and subject to Upstream Supplier restrictions. A reselling Customer shall:

  • (a) verify its own customers to a standard at least equivalent to the Prosox KYC/KYB Policy;
  • (b) bind its customers to written terms at least as protective of Prosox as this AUP;
  • (c) enforce those terms and promptly suspend any customer that violates them;
  • (d) on Prosox’s request, provide information sufficient to identify the customer responsible for specific Traffic, to the extent permitted by Applicable Law;
  • (e) remain fully responsible for all Traffic and conduct of its customers as End Users.

11. Monitoring, Investigation, and Enforcement

11.1. Processing of Service Metadata. To operate, secure, and bill the Services and to detect, prevent, and investigate fraud, abuse, security threats, and violations of this AUP, Prosox processes technical metadata of the Services as described in the Privacy Policy, which may include:

  • account and session identifiers;
  • connection times;
  • proxy endpoints;
  • traffic volumes;
  • security signals;
  • to the extent technically processed to route Traffic or enforce this AUP, destination host names or IP addresses and ports.

Prosox performs this processing on the bases described in the Privacy Policy, which may include:

  • performance of the contract with the Customer;
  • compliance with legal obligations;
  • Prosox’s legitimate interests in network and information security and in protecting its rights, property, Upstream Suppliers, and users;
  • under U.S. law, to the extent necessary to render the Services or to protect Prosox’s rights or property.

The Customer acknowledges this processing on its own behalf and shall provide its End Users with any notices required under Applicable Law.

11.2. Content of Communications. Prosox does not, as a general practice, inspect or record the content of Traffic and assumes no obligation to monitor, record, or analyze it. Prosox accesses or processes the content of Traffic only where it has a specific lawful basis and only to the extent necessary for the relevant purpose, namely:

  • automated processing technically necessary to transmit Traffic;
  • where the Customer has given a specific instruction or consent regarding particular data (for example, for support or Managed Data Services), within the scope of that instruction or consent;
  • where required by Applicable Law or valid legal process;
  • where permitted by Applicable Law without consent, to the extent necessary to protect the rights or property of Prosox in connection with a specific security incident or abuse (including, where applicable, under 18 U.S.C. § 2511(2)(a)(i)).

The Customer’s consent does not substitute for any consent that Applicable Law requires from other parties to a communication and does not expand Prosox’s rights beyond what the law permits.

Nothing in this AUP is a representation that Prosox has the technical ability to inspect, filter, or reconstruct any particular Traffic.

11.3. No Duty to Monitor. Prosox has the right, but not the obligation, to monitor the Services. Prosox assumes no duty to monitor Traffic or content, and its failure to detect or act upon a violation does not constitute approval of the violation or a waiver of any right.

11.4. Investigation and Records. Prosox may investigate any complaint, report, or indication of a violation, whether received from a third party, an Upstream Supplier, or a competent authority, or identified by Prosox itself. Prosox’s system records may be used to determine whether a violation has occurred and may be relied upon by Prosox in taking enforcement measures under this AUP. If the Customer disputes the accuracy of records relied upon, it may submit a written objection with supporting evidence within 14 days after notice of the measure, and Prosox will review the objection in good faith and inform the Customer of the outcome. This review is without prejudice to either party’s rights under the dispute-resolution provisions of the ToS, in which the weight of any record will be determined by the competent tribunal.

11.5. Enforcement Measures. If Prosox reasonably believes that a violation has occurred or is likely to occur, Prosox may, in proportion to the severity, urgency, and risk of the matter, take one or more of the following measures:

  • issue a warning;
  • require remediation within a specified period;
  • rate-limit, filter, or block Traffic;
  • isolate or revoke credentials, IP addresses, or sessions;
  • withdraw resources;
  • suspend or terminate any or all Services or accounts of the Customer;
  • refuse future service;
  • and report the matter to Upstream Suppliers, affected network operators, or competent authorities as permitted by Applicable Law.

Prosox may act without prior notice where reasonably necessary:

  • to prevent harm;
  • to respond to a security incident, an Egregious Violation, or suspected unlawful activity;
  • to comply with Applicable Law;
  • or upon an Upstream Supplier’s withdrawal of a resource.

In such cases, Prosox will notify the Customer as soon as practicable, unless notice is prohibited by Applicable Law or would reasonably be expected to compromise an investigation or cause harm. Where a violation is suspected but not yet established, Prosox may suspend or restrict the Services as a temporary measure pending investigation. Termination of the Services is governed by Section 17.3 of the ToS, including its notice-and-cure period and the cases in which Prosox may terminate immediately.

11.6. Limitation of Liability for Enforcement. Prosox may restrict access to, or the availability of, any Traffic or material that Prosox in good faith considers to violate this AUP or to be otherwise objectionable, even if such material is protected by the U.S. Constitution, including the First Amendment, against restriction by the government. Prosox is a private company, and its measures under this AUP are not governmental action. Prosox intends to rely on any protections available under Applicable Law, including 47 U.S.C. § 230(c)(2), to the extent they apply. Subject to the limitations and exclusions of liability in the ToS and to the extent permitted by Applicable Law, Prosox shall not be liable to the Customer, its End Users, or any third party for any enforcement measure taken in good faith under this AUP, or for any failure to enforce this AUP against any other customer. If Prosox determines that a measure was taken in error, it will restore the affected Services without undue delay, and the Customer’s remedies, if any, are those provided in the ToS and the Refund and Cancellation Policy.

11.7. No Circumvention. The Customer shall not circumvent any enforcement measure by any means, including by opening new accounts, using the accounts of third parties or affiliates, or changing payment methods, identities, or IP addresses.

11.8. Fees and Refunds. Charges, credits, and refunds are governed by the ToS, the Order, the Refund and Cancellation Policy, and mandatory Applicable Law. This AUP does not provide for any automatic forfeiture of prepaid amounts. Subject to those documents and to mandatory Applicable Law, the Customer is not entitled to any refund, credit, or service-level remedy for any period of suspension, restriction, or termination resulting from the Customer’s or its End Users’ violation of this AUP.

12. Privacy, Records, and Governmental and Legal Requests

12.1. Governing Documents. The collection, retention, use, disclosure, and preservation of account information, Service metadata, and violation-related materials are governed by the Privacy Policy, Applicable Law, and, where executed, the DPA. Nothing in this AUP expands the categories of data that Prosox actually collects.

12.2. Review of Requests. Prosox reviews each subpoena, court order, warrant, preservation request, or other request for information from a governmental or law-enforcement authority, court, or private litigant (each, a “Request”) before responding. To the extent permitted by Applicable Law, Prosox’s review includes:

  • verification of the authenticity of the Request and the identity of the requester through independent channels where appropriate;
  • verification of the authority of the requesting body and the official issuing the Request;
  • assessment of jurisdiction, including whether the requester has jurisdiction over Prosox and whether the data sought is within Prosox’s possession, custody, or control;
  • assessment of jurisdiction, including whether the requester has jurisdiction over Prosox and whether the data sought is within Prosox’s possession, custody, or control;
  • determination of whether the Request is legally binding on Prosox and whether it complies with applicable procedural requirements, including the type of legal process required for the categories of data sought;
  • assessment of the scope of the Request and whether it is overbroad, unduly burdensome, or otherwise defective.

12.3. Foreign Requests. A Request from a governmental or law-enforcement authority outside the United States is not, by itself, legally binding on Prosox under U.S. law. Prosox separately assesses whether the law of the relevant foreign jurisdiction applies to Prosox and to the requested data and requires a response, taking into account any conflict with U.S. law and other Applicable Law. Prosox will disclose information in response to a foreign Request only where disclosure is required or permitted by applicable law, including through a mutual legal assistance treaty, letters rogatory, a qualifying executive agreement under 18 U.S.C. § 2523, or legal process issued in the United States under such a mechanism. In particular:

  • Content of communications. To the extent 18 U.S.C. § 2702 applies to Prosox, Prosox will not disclose the content of communications to a foreign authority except as provided in 18 U.S.C. § 2702(b) (including under a qualifying executive agreement pursuant to § 2702(b)(9)) or other procedure permitted by U.S. law.
  • Non-content records and Customer information. The restriction in 18 U.S.C. § 2702(a)(3) applies to disclosures to a “governmental entity” as defined in 18 U.S.C. § 2711(4), meaning U.S. federal and state authorities. Prosox will nonetheless disclose such records to a foreign authority only where there is a lawful basis to do so, in compliance with applicable data-protection law, and subject to its rights to review, limit, and challenge the Request under Sections 12.2 and 12.7. Any cross-border transfer of personal data in response to a Request will be made only in compliance with applicable data-transfer restrictions, including, where applicable, Article 48 and Chapter V of the GDPR and UK GDPR.

12.4. Compelled Disclosure. Prosox will disclose information where it is required to do so by a valid and binding legal process or by Applicable Law. Nothing in this AUP is a commitment that Prosox will refuse or resist any disclosure that Applicable Law requires.

12.5. Voluntary Disclosure. Prosox may voluntarily disclose information only where, and to the extent, Applicable Law permits, including under the exceptions in 18 U.S.C. § 2702(b) and (c) for disclosures:

  • made with the lawful consent of the Customer;
  • necessary to render the Services or to protect the rights or property of Prosox;
  • made to NCMEC in connection with a report under 18 U.S.C. § 2258A;
  • or made in an emergency as described in Section 12.6.

Prosox may also disclose information to the extent permitted by law to enforce this AUP or the ToS, to respond to claims, or to protect the rights, property, or safety of Prosox, its Upstream Suppliers, its customers, or the public. To the extent permitted by Applicable Law, the Customer consents to disclosures made in accordance with this Section 12.

12.6. Emergency Requests. Where Prosox in good faith believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay, Prosox may disclose information relating to the emergency to the extent permitted by 18 U.S.C. § 2702(b)(8) and (c)(4) and other Applicable Law. Prosox may require the requester to provide a written statement describing the emergency and may require subsequent legal process.

12.7. Challenges and Refusals. To the extent permitted by Applicable Law, Prosox may:

  • seek clarification of a Request;
  • ask the requester to narrow or withdraw it;
  • object to it;
  • move to quash or modify it;
  • disclose only the data it determines to be responsive;
  • decline to respond.

Prosox may decline to respond where the Request is not legally binding, lacks proper authority or jurisdiction, is not authentic, is defective in form, is overbroad, would require Prosox to violate Applicable Law (including data-protection, sanctions, or blocking laws), or seeks data that Prosox does not hold. Where permitted by law, including under 18 U.S.C. § 2706, Prosox may seek reimbursement of its reasonable costs.

12.8. Data Held by Upstream Suppliers or Not Held by Prosox. Prosox can respond only with respect to data in its possession, custody, or control. Where requested data is held by an Upstream Supplier, Prosox may inform the requester of that fact, to the extent permitted by Applicable Law and its contractual obligations, so that the requester may direct its Request to the Upstream Supplier. Prosox does not create, reconstruct, or obtain records that it does not otherwise hold in order to respond to a Request, unless required by Applicable Law.

12.9. Preservation. Upon receipt of a valid preservation request, including under 18 U.S.C. § 2703(f), Prosox will preserve the records in its possession for the period required by Applicable Law. Prosox may also preserve records when it reasonably anticipates litigation or receives a legal hold, notwithstanding any deletion request or ordinary retention period.

12.10. Customer Notice. Prosox may notify the Customer of a Request concerning its account before disclosure, so that the Customer may seek a protective order or other remedy, where notice is legally permitted and Prosox considers it appropriate. Prosox will not provide notice:

  • where prohibited by Applicable Law or court order, including an order under 18 U.S.C. § 2705(b) or a nondisclosure requirement under 18 U.S.C. § 2709(c);
  • in emergencies;
  • in matters involving child sexual exploitation;
  • where Prosox reasonably believes notice would create a risk of harm, obstruct an investigation, or be futile.

Prosox may delay notice until a legal prohibition expires. Notice is not guaranteed.

12.11. Confidentiality and Minimization. Prosox discloses only the data it determines is responsive and necessary, treats Requests and responses as confidential, and limits internal access to personnel with a need to know.

12.12. No Representation of Records. Nothing in this AUP guarantees anonymity, the absence of logging, or the deletion of any data. Prosox makes no representation that any record exists unless it is actually collected and retained, and cannot produce records that do not exist. This AUP does not create any obligation owed by Prosox to the Customer or any third party to disclose information to any authority beyond what Applicable Law requires.

12.13. Third-Party Complainants. Customer information is not disclosed to a private complainant solely on the basis of the complainant’s request. Any disclosure to a third party is governed by the Privacy Policy and Applicable Law. Prosox may forward a complaint to the Customer for response, without the complainant’s personal data except as permitted by law.

13. Complaints and Intellectual-Property Protection

31.1. Submitting Complaints. Reports of abuse and intellectual-property infringement should be sent to abuse@prosox.io. Each report should include:

  • the relevant IP addresses and ports;
  • the date, time, and time zone of the activity;
  • a description of the violation;
  • supporting evidence, such as logs;
  • the complainant’s contact details.

Prosox may decline to act on complaints that are incomplete, unverifiable, or submitted in bad faith.

13.2. Applicability of 17 U.S.C. § 512. The availability of the limitations on liability in 17 U.S.C. § 512 depends on the nature of the specific Service and activity. Proxy Services generally involve the automated, transitory transmission and routing of material at the direction of others, to which 17 U.S.C. § 512(a) may apply. Where Prosox stores material at the direction of a user, such as in connection with certain Managed Data Services, 17 U.S.C. § 512(c) may apply. Nothing in this AUP is a concession by Prosox that any particular safe harbor does or does not apply.

13.3. Copyright Notices. For material that Prosox stores at the direction of a user, a notification of claimed infringement must be a written communication sent to the contact details set out in Section 13.4 that includes substantially the following, as required by 17 U.S.C. § 512(c)(3):

  • (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • (b) identification of the copyrighted work claimed to have been infringed or, if multiple works are covered by a single notification, a representative list of such works;
  • (c) identification of the material claimed to be infringing and information reasonably sufficient to permit Prosox to locate it;
  • (d) information reasonably sufficient to permit Prosox to contact the complaining party, such as an address, telephone number, and email address;
  • (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices concerning transitory transmission of Traffic through Proxy Services may be sent in the same manner. Because Prosox does not store such material or control its placement on Target Resources, such notices are handled as complaints under Section 13.1: Prosox may forward them to the Customer, take measures under Section 11, and take them into account in applying its repeat-infringer policy under Section 13.6. Receipt of such a notice does not obligate Prosox to remove material or disable access to it.

13.4. Notice Contact and Designated Agent. Notifications of claimed copyright infringement and counter-notifications should be sent to: Attn: DMCA Agent, PROSOX LLC, 16192 Coastal Highway, Lewes, Delaware 19958, USA; email: abuse@prosox.io. Where Prosox has designated an agent under 17 U.S.C. § 512(c)(2), the agent’s information is available in the U.S. Copyright Office’s DMCA Designated Agent Directory, which controls in the event of any inconsistency.

13.5. Counter-Notifications. A person whose material stored by Prosox has been removed or disabled may submit a counter-notification to the contact details set out in Section 13.4 that includes:

  • (a) the person’s physical or electronic signature;
  • (b) identification of the material that has been removed or to which access has been disabled and the location at which it appeared before removal or disabling;
  • (c) a statement under penalty of perjury that the person has a good-faith belief that the material was removed or disabled as a result of mistake or misidentification;
  • (d) the person’s name, address, and telephone number, and a statement that the person consents to the jurisdiction of the U.S. federal district court for the judicial district in which the address is located (or, if the address is outside the United States, any judicial district in which Prosox may be found), and that the person will accept service of process from the person who provided the original notification or an agent of such person.

Prosox will process counter-notifications in accordance with 17 U.S.C. § 512(g).

13.6. Repeat Infringers. Prosox has adopted, and reasonably implements, a policy that provides for the termination, in appropriate circumstances, of the accounts of Customers and End Users who are repeat infringers. Prosox may request clarification of any submission, and receipt of a notice does not, by itself, guarantee any particular action.

13.7. Misrepresentation. Under 17 U.S.C. § 512(f), any person who knowingly and materially misrepresents that material or activity is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys’ fees.

14. Consequences of Violation and Indemnification

14.1. Material Breach. A violation of this AUP by the Customer or any End User constitutes a material breach of the ToS and entitles Prosox to all rights and remedies under the ToS and Applicable Law, in addition to the measures described in Section 11. Termination for such a violation is governed by Section 17.3 of the ToS, including its cure period and the cases in which Prosox may terminate immediately.

14.2. Reimbursement of Costs. The Customer shall reimburse Prosox for the reasonable, documented costs and losses actually incurred by Prosox as a direct result of a violation of this AUP by the Customer or its End Users. These include:

  • the costs of investigating and handling abuse;
  • the costs of remediating IP addresses and obtaining delisting from block lists;
  • the costs of replacing withdrawn resources;
  • charges or penalties imposed on Prosox by Upstream Suppliers;
  • reasonable attorneys’ fees.

Prosox may set off such amounts against any balance held for the Customer to the extent permitted by the ToS and Applicable Law.

14.3. Indemnification. Without limiting Section 19.5 of the ToS, the Customer shall defend, indemnify, and hold harmless the Indemnified Parties from and against all Claims and Losses (each as defined in Section 19.5 of the ToS) to the extent arising out of or relating to:

  • (a) any violation of this AUP by the Customer or its End Users;
  • (b) Traffic transmitted through the Customer’s account, credentials, or integration;
  • (c) the Customer’s selection of Target Resources, its instructions under Managed Data Services, and its collection, processing, use, sale, or disclosure of data obtained through the Services;
  • (d) the conduct of the Customer’s resale customers.

Fines and penalties imposed on an Indemnified Party for its own violations are not indemnifiable.

14.4. Exclusions and Comparative Fault. The exclusions and the comparative-fault rule in Section 19.6 of the ToS apply to the Customer’s obligations under Section 14.3.

14.5. Procedure and Payment. The defense and indemnification procedure in Section 28 of the ToS, including the rules on notice, control of the defense, selection of counsel, settlement, cooperation, and payment of defense costs, applies to all obligations under this Section 14.

14.6. Relationship to the ToS. The obligations in this Section 14 are in addition to, and not in limitation of, the Customer’s obligations under the ToS. As provided in Section 19.4 of the ToS, the Customer’s obligations under this Section 14 and its liability for violations of this AUP are not subject to the exclusion of damages or the liability cap in Sections 19.1 and 19.2 of the ToS. Except as expressly stated in this Section 14 and Section 11.6, this AUP does not itself establish any limitation of liability, arbitration agreement, class-action waiver, or liquidated damages; limitation of liability and dispute resolution, including arbitration, are governed exclusively by Sections 19 and 20 of the ToS.

15. Changes, Precedence, Language, and Contacts

15.1. Amendments. Prosox may amend this AUP in accordance with Section 21 of the ToS by publishing the amended version at prosox.io and updating the “Last updated” date. For amendments that materially and adversely affect the Customer’s rights or obligations, Prosox will give at least 30 days’ prior notice to all registered Customers by email to the account email address or through the Prosox dashboard.

15.2. Immediate Amendments. Amendments that are required by Applicable Law, a court or governmental order, or an Upstream Supplier, or that are reasonably necessary to address security threats, fraud, or abuse, may take effect immediately upon publication or notice, as provided in Section 21.3 of the ToS. Prosox will give notice of such amendments as soon as practicable.

15.3. Effect and Objection. Amendments apply prospectively and do not apply to disputes or conduct arising before their effective date. A Customer that does not agree to a material amendment may terminate the affected Services before the amendment takes effect, and its rights to any refund are those provided in the ToS, the Refund and Cancellation Policy, and mandatory Applicable Law. Continued use of the Services after an amendment takes effect constitutes acceptance of the amended AUP to the extent permitted by Applicable Law. Nothing in this Section 15 limits any right of a Consumer under mandatory consumer-protection law.

15.4. Precedence. The following order of precedence, which is identical to Section 3.3 of the ToS, applies in the event of a conflict:

  • (a) mandatory provisions of Applicable Law;
  • (b) an individually negotiated agreement signed by authorized representatives of both parties, or an Order (including an SLA), but only to the extent it expressly identifies the provision of the ToS or of a Policy that it modifies;
  • (c) an executed DPA, with respect to processing of personal data on the Customer’s behalf;
  • (d) the document to which the relevant subject matter is allocated under Section 3.2 of the ToS, which for permitted and prohibited use and Prosox’s enforcement measures is this AUP;
  • (e) in all other cases, the ToS.

15.5. Language. The English version of this AUP is the official and binding version. Any translation is provided for convenience only. In the event of any inconsistency, the English version prevails, except where mandatory Applicable Law requires otherwise.

15.6. Contacts. PROSOX LLC, 16192 Coastal Highway, Lewes, Delaware 19958, USA.

  • General inquiries: info@prosox.io.
  • Support and security incidents: support@prosox.io.
  • Abuse and intellectual-property reports: abuse@prosox.io.
  • Privacy requests: privacy@prosox.io.

16. Miscellaneous

16.1. Severability. If any provision of this AUP is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and reformed to the minimum extent necessary to make it enforceable, and the remaining provisions remain in full force and effect.

16.2. Survival. The following survive suspension or termination of the Services and of the ToS:

  • Sections 1.6 and 1.7; 2.3 and 2.5;
  • 6.3 (with respect to data obtained before termination);
  • 7.2 and 7.3; 8.4 and 8.5; 10.4 and 10.5; 11.4, 11.6, and 11.8;
  • 12; 13.5 through 13.7; 14; 15.4 and 15.5; and 16;
  • together with any other provision that by its nature is intended to survive.

16.3. No Waiver. Prosox’s failure or delay in enforcing any provision of this AUP is not a waiver of its right to enforce that or any other provision later. Any waiver must be in writing and signed by an authorized representative of Prosox.

16.4. No Third-Party Beneficiaries. Except for the Indemnified Parties under Section 19.5 of the ToS and Section 14 of this AUP, this AUP confers no rights on any third party.

16.5. Headings and Assignment. Headings are for convenience only and do not affect interpretation. Assignment, governing law, venue, and dispute resolution are governed by the ToS.