01Subject of the agreement
TunnelOps ("Seller", "we") provides the customer ("Customer", "you") with paid access to proxy servers β residential, static ISP, or datacenter β depending on the product the customer has ordered. The technical substance of the service is routing the customer's traffic to the internet through an address provided by the Seller, on the terms set out in this document and in the documents it references: the acceptable use policy and the privacy policy. All three documents are part of one agreement; accepting one means accepting all of them.
The service is provided on a prepayment basis, at the rates published on the pricing page and also served programmatically at
/api/pricing. The rate depends on the product and volume and is shown in the calculation before payment; there is no postpaid billing and no credit limit.
Trial access (the free test) is part of the service, not an act outside the agreement: accepting this document is required to obtain it to the same extent as for paid access, including the acceptable use policy and the rule on the non-refundability of trial traffic (refund policy).
Using the service on terms other than those set out here β for example, reselling access to third parties under your own brand β is possible only under a separate written agreement with the Seller.
02Conclusion of the agreement
This document, together with the acceptable use policy, the privacy policy and the cookie policy, constitutes a public offer β an invitation to enter into an agreement on the terms set out in them, addressed to anyone who registers on the site.
The agreement is deemed concluded (the offer accepted) at whichever of the following two events occurs first: completion of account registration, or the first top-up of the balance or activation of trial access. Continued use of the service β requests made through the issued proxy credentials β confirms acceptance even if formal registration happened earlier.
If you register and act on behalf of an organization, you confirm that you have the authority to accept these terms on its behalf, and that the organization bears responsibility under the agreement to the same extent as if it had entered into it itself.
The agreement is concluded for an indefinite term. It remains in effect until terminated by either party: by the customer β by deleting the account (see the rights section of the privacy policy) or by ceasing to use the service; by the Seller β on the grounds set out in the acceptable use policy.
03Rights and obligations of the parties
The Seller is obligated to:
- provide access to the paid volume of traffic or number of addresses in accordance with the selected plan;
- maintain the availability of the service and, where the plan provides for it, compensate for downtime on the terms published on the homepage;
- ensure the confidentiality of the customer's data on the terms of the privacy policy;
- respond to support inquiries and to the addresses listed on the contacts page.
The Customer is obligated to:
- use the service in accordance with the acceptable use policy β this applies to the free trial access as well;
- pay for the services on time at the published rates: the service operates on a prepayment basis, with no deferred payment or credit lines;
- not transfer access to third parties for resale under their own name without a separate written agreement β passing access to the customer's own employees and contractors for its own purposes is permitted;
- independently ensure the lawfulness of processing any data that the customer collects using the service.
The Seller may suspend or terminate access for a violation of the acceptable use policy β the procedure and consequences are described in its enforcement section, not here, to avoid inconsistency between two places. The Customer is entitled to a refund of unused funds on the terms set out in the refund policy. Both parties may contact each other about any matter relating to the performance of the agreement through the contacts listed in section 07 and on the contacts page.
04Limitation of liability
The service is provided on an "as is" basis to the extent permitted by applicable law. Nothing below limits liability that cannot be limited by law β for example, for intent or gross negligence β or vis-Γ -vis a consumer customer where the law applicable to consumer relations mandatorily requires otherwise.
The Seller is not liable for
- Content and actions of third parties β including sites and services the customer accesses through the issued addresses, and their terms of use.
- Actions of the customer and persons to whom the customer has given access β including the consequences of using the service in violation of the acceptable use policy.
- Indirect damages and lost profits arising in connection with the use or inability to use the service.
- Interruptions caused by circumstances beyond the Seller's reasonable control β actions of telecommunications providers, hosting and data centers, infrastructure failures at exit-address providers, or force majeure. Compensation for downtime on our side, where provided for, is described in the refund policy β this is not an exception to this clause, but a separately agreed obligation.
The Seller's aggregate liability for any claim arising from this agreement is limited to the amount the customer paid for the service over the 3 (three) months preceding the event that gave rise to the claim.
05Dispute resolution
A pre-trial complaint procedure is mandatory and precedes any recourse to court. A complaint describing the substance of the claim is sent to the contacts page or to the address specified in the Seller's details (section 07). The response time for a complaint is 30 calendar days from receipt.
If the complaint procedure does not lead to a resolution, the dispute is referred for consideration under the procedure established by the law of the Seller's place of registration (section 07) β unless the law applicable to relations with a consumer customer mandatorily establishes otherwise. Nothing in this section deprives the customer of the guarantees and remedies that the mandatory law of their country of residence provides to consumers and does not allow to be limited by contract.
06Changes to the terms
The current version of this document is always available at
https://tunnelops.cloud/terms. The revision number and effective date are shown at the top of the document; the same rule applies to the
acceptable use policy, the privacy policy, the cookie policy and the
refund policy.
We notify the account's contact address of changes that narrow the customer's rights or affect billing at least 14 days before they take effect. If the new version is not acceptable, within that period you may stop using the service and request a refund of the unused balance on the terms of the refund policy, with no early-termination fees.
Changes required by law or by an order of a competent authority β including the acceptable use policy β take effect immediately: we must comply with the law even without 14 days' notice.
07Seller details
The party providing the service under this agreement. Current as of the date shown at the top of the document; for questions about the performance of the agreement, use these details or the contacts page.
Seller
- Legal name: TunnelOps
- Email for legal matters: [email protected]
- Support Telegram: t.me/tunnelops
Questions about this document β [email protected]. Complaints about the use of our addresses β [email protected]. Other ways to reach us are on the contacts page.