Table of Contents

1. Scope of Application
2. Contract Formation
3. Right to Cancel
4. Prices and Payment Conditions
5. Delivery of Services
6. Granting Rights of Use & User Responsibilities
7. Contract Duration and Contract Termination Regarding Subscription Contracts
8. Reservation of Rights for Digital Services
9. Warranty
10. Service Quality and Maintenance
11. Redemption of Campaign Vouchers
12. Applicable Law
13. Place of Jurisdiction
14. Alternative dispute resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Kulka & Vogel GbR (hereinafter referred to as the “Provider”, or “ProxyBlocks”) govern all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Provider relating to all services and digital content presented on the Provider’s website and online platform. The inclusion of the Client’s own conditions is hereby objected to, unless other terms have been expressly agreed upon.

1.2 These GTC specifically apply to the provision of digital services, including but not limited to, access to mobile 5G proxies, as well as any related software or digital content provided by the Provider. Digital content within the meaning of these GTC is data that is created and provided in digital form, accessible via the Client’s account on the Provider’s platform.

1.3 For contracts regarding the provision of access to digital services, such as Shared Proxy or Dedicated Proxy access, these GTC shall apply accordingly, unless expressly agreed otherwise.

1.4 A consumer pursuant to these GTC is any natural person concluding a legal transaction for purposes that predominantly are outside his trade, business, or profession.

1.5 A trader pursuant to these GTC is any natural or legal person or a partnership with legal personality who, when concluding a legal transaction, acts in exercise of his or its trade, business, or profession.

1.6 The object of the contract may include access to digital services provided by the Provider, such as mobile 5G proxy services, which can be obtained through various subscription models or as a one-time purchase, according to the specific product description and service agreement. The Provider commits to supply the Client with the contracted digital services for the duration of the agreed contract period, including any necessary access credentials or digital content, in accordance with the terms specified in the service description and at the intervals agreed upon, if applicable.

1.7 For partners participating in our Affiliate Program, specific General Terms and Conditions apply. These detailed terms outline the operational framework, rights, and obligations of Affiliate Program participation. To review these terms, please visit ProxyBlocks Affiliate Program Terms and Conditions.

1.8 ProxyBlocks reserves the right to modify or amend these GTC at any time to reflect changes in legal regulations, our services, or business practices. Such changes will be communicated to existing Clients via email or through a prominent notification on our website. Continued use of ProxyBlocks’ services after such modifications will constitute acknowledgment and acceptance of the revised terms.

2) Contract Formation

2.1 The service descriptions on the Provider’s website do not constitute binding offers on the part of the Provider, but are intended to solicit a binding offer from the Client.

2.2 The Client may submit their offer through the online order form integrated into the Provider’s website. By selecting the desired digital services and/or content, moving them to the virtual basket, completing the ordering process, and clicking the button to finalize the order, the Client submits a legally binding contract offer for the services and/or content contained in the basket.

2.3 The Provider may accept the Client’s offer within five days by,

• Sending a written order confirmation or an order confirmation in text form (e.g., email); the receipt of which by the Client is decisive, or
• Requesting payment from the Client after the order has been placed.

If more than one of the aforementioned conditions is met, the contract will be concluded at the time the first of these conditions occurs. If the Provider does not accept the Client’s offer within the specified period, this shall be deemed a rejection of the offer, releasing the Client from their intent to enter into a contract.

2.4 If a payment method offered by PayPal is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full?locale.x=en_DE or, if the Client does not have a PayPal account, subject to the Terms for payments without a PayPal account, available at https://www.paypal.com/uk/webapps/mpp/ua/privacywax-full. If the Client pays by means of a method of payment offered by PayPal which can be selected in the online order process, the Seller hereby declares the acceptance of the Client’s offer at the time when the Client clicks on the button concluding the order process.

2.5 Upon the conclusion of the contract, the text of the contract is saved by the Provider and sent to the Client in text form (e.g., email). The Provider may not provide further access to the contract text beyond this point. If the Client has created an account on the Provider’s website, the order details will be stored on the website and can be accessed by the Client through their secure user account by entering their login information, at no extra charge.

2.6 Before submitting a binding offer via the Provider’s online order form, the Client may identify and correct input errors by carefully reading the information displayed on the screen. The Client may correct any entered data using the usual keyboard and mouse functions at any point in the electronic ordering process, up until the final submission of the order.

2.7 Only the English language is available for the conclusion of the contract.

2.8 Order processing and communication usually occur via email and automated order processing systems. The Client is responsible for ensuring that the email address provided for order processing is accurate, enabling the receipt of emails sent by the Provider. This includes ensuring, especially when using SPAM filters, that all emails sent by the Provider or by third parties commissioned for order processing can be delivered.

3) Right to Cancel

3.1 Due to the instant nature of the digital services and content provided by ProxyBlocks, including access to mobile 5G proxies, the right to cancel the contract within fourteen days does not apply once the service is activated or the digital content is accessed. Activation of the service or access to the digital content is considered the beginning of the contract execution, at which point the consumer expressly agrees to the immediate commencement of the contract execution and acknowledges that this consent results in the loss of the right to cancel the contract.

3.2 Consumers will be required to confirm their understanding and agreement that the right to cancel the contract will be lost upon the immediate provision of the service or access to digital content before the completion of the purchase process. This is to ensure that consumers are fully aware of the terms of the contract regarding the waiver of the right to cancel due to the nature of digital services provided.

3.3 If the service has not yet been activated or the digital content has not been accessed, consumers retain the right to cancel the contract within fourteen days from the date of contract conclusion without giving any reason. In such cases, consumers must inform ProxyBlocks of their decision to cancel the contract by a clear statement using the provided contact details.

Special Note: This clause does not affect any statutory rights under applicable consumer protection laws but clarifies the limitations of the right to cancel in relation to the specific nature of digital content and services provided by ProxyBlocks.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in ProxyBlocks’ service description, the prices indicated are total prices, including statutory sales tax. Any additional delivery costs or service fees will be clearly indicated in the respective service description.

4.2 Payment for the services can be made using one of the methods offered on ProxyBlocks’ website. ProxyBlocks currently offers the following payment methods: Apple Pay, Google Pay, PayPal, Cryptomus, and Stripe for credit card payments. The available payment methods may be subject to change, and ProxyBlocks ensures that all payment processes are secure and in compliance with the applicable financial transaction regulations.

5) Delivery of Services

5.1 The provision of digital services by ProxyBlocks will occur within the specified area of service availability to the digital address or account specified by the Client, unless otherwise agreed. For the processing of the transaction, the digital address or account specified in ProxyBlocks’ order processing shall be decisive.

5.2 In the event that a Client is unable to receive the digital service due to providing incorrect information or circumstances beyond ProxyBlocks’ control, no costs will be charged to the Client for the unsuccessful delivery attempt. This does not apply if the Client has effectively exercised their right to cancel, or if the inability to receive the service was due to circumstances beyond the Client’s control or if they were temporarily impeded from receiving the service, provided that ProxyBlocks had notified the Client of the service well in advance.

5.3 Due to the nature of the services provided, personal collection or physical delivery is not applicable.

5.4 Digital services will be provided to the Client exclusively in electronic form as follows:

• By direct access via ProxyBlocks’ website or user portal.
• By email, including access credentials or links to the digital content.

5.5 ProxyBlocks reserves the right to withdraw from the contract in the event of incorrect or improper supply of the necessary digital infrastructure or resources if this is due to factors beyond ProxyBlocks’ control. This only applies if the non-supply is not attributable to ProxyBlocks and despite a concrete hedging transaction with its suppliers. ProxyBlocks shall make all reasonable efforts to provide the services. In case of non-availability or partial availability of the service, ProxyBlocks shall inform the Client promptly and offer a suitable alternative or refund as applicable.

6) Granting Rights of Use & User Responsibilities

6.1 Unless otherwise stipulated in the description of services displayed on ProxyBlocks’ website, ProxyBlocks grants the client the non-exclusive right, unlimited in relation to place and time, to use the provided services, including access to mobile 5G proxies, for private and professional purposes within the scope of legal and regulatory frameworks.

6.2 The transmission of services or digital content to third parties, or the production of copies for third parties in a way not covered by these GTC, is prohibited unless ProxyBlocks has consented to the transfer of the contractual license to third parties.

6.3 The rights granted herein shall become effective only when the Client has fully paid the contractually owed remuneration. ProxyBlocks may also provide provisional permission to use the contractual services before this payment is complete. Such provisional authorization does not constitute a transfer of rights.

6.4 The Client agrees to use the ProxyBlocks services, including the 5G proxies, in a lawful manner and in compliance with all applicable laws and regulations. The Client shall not use the services for any illegal purposes, including but not limited to hacking, accessing or distributing illegal content, or engaging in any activity that violates privacy rights or copyright laws.

6.5 Moreover, users are strictly prohibited from using the Service in any manner that could disrupt its functionality. This encompasses activities that could unreasonably burden the Service’s infrastructure or disrupt its operation in any disruptive manner.

6.6 ProxyBlocks reserves the right to suspend or terminate services if the Client is found to be using the services for illegal activities or in violation of these terms. ProxyBlocks may also cooperate with law enforcement authorities in any investigation of suspected illegal activities involving the use of its services.

7) Contract Duration and Contract Termination Regarding Subscription Contracts

7.1 Subscription contracts with ProxyBlocks are limited in time. The specific contract term is indicated in the respective product or service description on ProxyBlocks’ website. Subscription contracts automatically terminate upon the expiry of the contracted period without the need for explicit termination.

7.2 The right to terminate the contract immediately for significant reasons remains unaffected. A significant reason exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, it is unreasonable to expect the contracting party to continue the contract until the agreed end or until the expiry of a termination notice period. This includes, but is not limited to, the misuse of services for illegal activities, breach of contractual use policies, or failure to comply with payment obligations.

7.3 Any notices of termination must be submitted in writing or in a text form (e.g., via email) to ensure clear communication. ProxyBlocks reserves the right to require additional verification to process the termination if necessary to protect the account and services from unauthorized access or fraudulent termination requests.

7.4 In the case of termination for a significant reason attributable to the Client, ProxyBlocks reserves the right to claim compensation for any resulting damage or loss, unless the Client is not responsible for the reason leading to termination.

8) Reservation of Rights for Digital Services

ProxyBlocks retains all rights to the digital services provided, including any associated content and digital resources, until the payment owed by the Client has been received in full. This includes the right to revoke access to the digital services and content if the Client fails to meet their payment obligations in accordance with the agreed terms.

Access to the digital services is conditional upon the full payment of the agreed-upon price by the Client. Until payment is received in full, the Client is granted a provisional, non-exclusive right to use the services for the intended purpose under these General Terms and Conditions. This provisional right does not constitute a transfer of ownership or any permanent rights to the digital services or content provided by ProxyBlocks.

In the event of any unauthorized use of the digital services or content beyond the scope of the provisional right granted, or if payment is not received in full, ProxyBlocks reserves the right to take appropriate legal action to protect its intellectual property and to terminate the services and access rights immediately without notice.

9) Warranty

9.1 Unless expressly agreed otherwise, the statutory liability for defects shall apply to the provision of digital services by ProxyBlocks. The following modifications apply:

9.2 For services provided:

• ProxyBlocks commits to providing services that are in accordance with the service descriptions available on the website at the time of the Client’s order.
• In the event of a defect in the digital content or service, ProxyBlocks shall endeavor to correct the defect or provide a way to circumvent the defect, where feasible. The Client is entitled to a reduction of the service price or to terminate the contract only if ProxyBlocks is unable to rectify the defect or offer a workaround within a reasonable period of time.

9.3 The above-mentioned limitations of liability and modification of the period of limitation do not apply to:

• Claims for damages and reimbursement of expenses by the Client,
• Cases where ProxyBlocks has fraudulently concealed the defect,
• Rights in relation to digital content or services that fail to conform with the contract for reasons not attributable to the Client.

9.4 Furthermore, for Clients acting as traders, statutory limitation periods for any statutory right of recourse that may exist remain unaffected.

9.5 If the Client is a business as defined by the German Commercial Code (HGB), they are obliged to examine the provided services promptly upon receipt and notify ProxyBlocks of any defects in accordance with section 377 HGB. Failure to comply with this obligation to examine and report defects means that the service is considered as approved, unless the defect was not identifiable during the initial examination.

9.6 Since ProxyBlocks provides digital services, notifications of transport damages are not applicable. However, Clients are encouraged to report any issues with accessing or utilizing the services promptly so that ProxyBlocks can address these issues.

10) Service Quality and Maintenance

10.1 ProxyBlocks is dedicated to providing a high-quality service with minimal disruptions. We strive to achieve maximum service availability.

10.2 Should service availability drop below 90% in any given calendar month, users have the right to receive a full refund for that period, underscoring our commitment to reliability and customer satisfaction.

10.3 In order to maintain our infrastructure, we may inform users of scheduled maintenance. Downtime during these scheduled maintenance periods is not considered eligible for refunds.

10.4 To minimize inconvenience, maintenance activities that may temporarily impact service are primarily scheduled during off-peak hours, typically early Sundays. This proactive approach aims to minimize disruption to our users.

10.5 Users are encouraged to promptly report any issues related to service downtime to ProxyBlocks. Our team is dedicated to promptly addressing and resolving such concerns to uphold our service quality. However, claims specific to service restoration are subject to maintaining the defined target availability level.

11) Redemption of Campaign Vouchers

10.1 Vouchers issued by ProxyBlocks free of charge, within a specified validity period as part of promotional activities, and which cannot be purchased by the Client (hereinafter referred to as “campaign vouchers”), can only be redeemed on ProxyBlocks’ website and within the indicated time period.

10.2 Certain services may be excluded from the voucher campaign if such a restriction is specified in the terms of the campaign voucher.

10.3 Only one campaign voucher can be redeemed per order.

10.4 The value of the services ordered should at least equal the amount of the campaign voucher. ProxyBlocks will not issue refunds for any balance remaining.

10.5 If the campaign voucher’s value does not cover the order’s total, the Client may select one of the available payment methods offered by ProxyBlocks to cover the difference.

10.6 The campaign voucher credit will not be redeemed for cash and is not subject to any interest.

10.7 The campaign voucher will not be reimbursed if the Client returns the service accessed using the campaign voucher, in accordance with the legal right to cancel, where applicable.

10.8 Campaign vouchers are intended for use only by the person named on the voucher. Transferring the campaign voucher to a third party is not permitted. ProxyBlocks is entitled, but not obliged, to verify the identity of the voucher holder.

12) Applicable Law

All legal relationships between ProxyBlocks and the Client shall be governed exclusively by the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

13) Place of Jurisdiction

The exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be the registered office of ProxyBlocks in Germany, provided that the Client is a merchant, a legal entity of public law, or a special fund under public law.

14) Alternative Dispute Resolution

13.1 The European Commission provides a platform for online dispute resolution (ODR), accessible via https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for the extrajudicial resolution of disputes arising from online contracts for sales and services between consumers and companies.

13.2 While ProxyBlocks is not legally obligated to participate in dispute resolution proceedings before a consumer arbitration board, we are fundamentally open to participating in an amicable settlement procedure via alternative dispute resolution (ADR) mechanisms with consumers.