TERMS OF USE

Last updated April 29, 2025

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Kinetic Services LLC ("Company," "we," "us," or "our"), concerning your access to and use of the http://www.kineticproxies.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site" and our "Services").

2. SERVICES OVERVIEW

Our Services include, but are not limited to:

• Virtual Private Servers (VPS): Cloud computing infrastructure located in Barcelona, Spain
• Proxy Services: Including datacenter, residential, and mobile proxies
• Online Tools:
  • Text processing and analysis tools
  • Image processing and manipulation tools
  • Audio processing tools
  • Data analysis tools

3. ACCEPTABLE USE POLICY

You agree not to use our Services for:

• Any illegal activities or purposes
• Unauthorized access to computer systems or networks
• Distribution of malware or harmful code
• Spam, phishing, or fraudulent activities
• Copyright infringement or intellectual property violations
• Harassment or abuse of others
• Activities that may disrupt or degrade our services
• Mining cryptocurrency without explicit permission
• Reselling our services without authorization

4. SERVICE-SPECIFIC TERMS

4.1 VPS Services

• You are responsible for all activities that occur under your VPS account
• You must maintain the security of your VPS, including regular updates and security patches
• Resource usage must not exceed your plan's limitations
• Backup services are not guaranteed unless explicitly included in your plan
• We reserve the right to suspend services if unusual or excessive resource usage is detected

4.2 Proxy Services

• Proxy services must not be used for scraping without respecting the target website's robots.txt
• You must comply with all applicable rate limiting and access restrictions
• Proxy authentication credentials must not be shared
• We reserve the right to block access to specific domains that report abuse
• Residential proxy usage must comply with local data protection laws

4.3 Online Tools

• You retain ownership of your content processed through our tools
• We may process and store your content temporarily to provide the service
• Usage limits may apply based on your subscription tier
• Output quality and accuracy are not guaranteed
• Some tools may use third-party APIs or services

4.4 Resource Usage and Limitations

• Each service tier has specific resource limitations (CPU, RAM, bandwidth, storage)
• Bandwidth is measured and billed monthly
• Unused resources do not roll over to the next billing period
• Exceeding resource limits may result in service throttling or suspension
• Fair use policies apply to all services

4.5 Data Processing and Storage

• We process data in accordance with GDPR and applicable privacy laws
• Data retention periods vary by service type and subscription tier
• We may anonymize and aggregate usage data for service improvements
• Backup frequency and retention depends on your service plan
• You maintain ownership of all data you process through our services

5. SERVICE LEVEL COMMITMENTS

• VPS Services:
  • 99.9% uptime guarantee for infrastructure
  • Hardware replacement within 24 hours
  • Network availability of 99.9%
  • Maximum 15-minute response time for critical issues
• Proxy Services:
  • 99% proxy availability rate
  • Automatic IP rotation on failure
  • Maximum 30-second response time for proxy issues
  • 24/7 proxy network monitoring
• Online Tools:
  • 95% service availability
  • Maximum 1-hour processing time for standard requests
  • Data retention according to service tier
  • Regular feature updates and maintenance

6. COMPLIANCE AND SECURITY

• Data Protection:
  • GDPR compliance for EU customers
  • Data encryption in transit and at rest
  • Regular security audits and penetration testing
  • Incident response within 24 hours
• Network Security:
  • DDoS protection included
  • Firewall management
  • Regular security patches and updates
  • 24/7 security monitoring

7. PAYMENT TERMS

• All fees are in USD unless otherwise specified
• Subscription fees are billed in advance
• No refunds for partial month usage
• We reserve the right to change pricing with 30 days notice
• Failed payments may result in service suspension

8. SERVICE LEVEL AGREEMENT (SLA)

• We target 99% uptime for all services
• Scheduled maintenance will be announced at least 24 hours in advance
• Emergency maintenance may be performed without notice
• Service credits may be issued for extended downtime
• Support response times vary by subscription tier

9. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site and Services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights.

10. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into these Terms
• You will not access the Services through automated or non-human means
• You will not use the Services for any illegal or unauthorized purpose
• Your use of the Services will not violate any applicable law or regulation

11. TERMINATION

We reserve the right to:

• Terminate or suspend your account immediately, without prior notice or liability, for any reason
• Refuse service to anyone for any reason at any time
• Immediately terminate or suspend access to our Services in case of violations

12. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, data, use, or other intangibles
• Cost of procurement of substitute services
• Any damages arising from service interruption
• Any damages resulting from unauthorized access or use

13. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

14. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

15. GOVERNING LAW

These Terms shall be governed by and defined following the laws of Spain. Kinetic Services LLC and yourself irrevocably consent that the courts of Barcelona, Spain shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

16. CONTACT US

For any questions about these Terms of Use, please contact us at:

Kinetic Services LLC
Diagonal 342
Barcelona, Catalonia 08973
Spain
Email: legal@kineticproxies.com