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Terms and Conditions for the Provision of the LEMUR PROXY Service

§ 1.

1. These Terms and Conditions set out the rights and obligations of the Provider and the User of the LEMUR PROXY service (hereinafter referred to as the „Programme”).

2. The supplier is KSNBIZ Sp. z o.o. with its registered office at ul. Dunikowskiego 10, 44-100 Gliwice, NIP: 6312677767.

3. A user is any individual or entrepreneur who uses the programme.

4. It is a condition of using LEMUR PROXY that you accept these Terms and Conditions and the Privacy Policy before using the Programme.

5. The Supplier declares that as part of the service provided:
1) is not the initiator of the data transfer;
2) does not select the recipient of the data transfer;
3) does not select or modify the information contained in the message.

§ 2.

1. Acceptance of these Terms and Conditions constitutes the conclusion of a contract between the Supplier and the User.

2. The Agreement governs your personal access to and use of the Programme, our private network (the „Network”), our limited and enhanced features, any content and applications offered by us and herein and hereinafter referred to as our services (the „Services”).

3. Please read this agreement carefully before using our services, networks, applications and features if you wish to use the services we provide.

4. If you do not agree to be bound by these terms and/or do not agree to our privacy policy, you should not use our services.

5. The use of local proxy servers is lawful. Use of our services is restricted by a user licence, the terms of which you agree to by accepting these terms and conditions.

6. You also agree to comply with the laws of Poland and not to use the Programme for any unauthorised purpose or for any unlawful purpose.

§ 3.

1. The programme provides a unique service to help users access the web anonymously and access various blocked websites in their country.

2. In order to access the full potential of the lemur Proxy network, the Premium version must be purchased.

3. You may not access the service if you are under the age of 18 or if you do not own the computing device on which the Program is running or any other device used to run the Program.

§ 4.

1. The supplier reserves the right to:
1) modify, add, delete or change any of the terms and conditions of this End User Agreement or any part of it at its sole discretion and will notify you of this;
2) introduce restrictions or functions available to individual or all users;
3) monitor user actions taken using the Programme with maximum time accuracy;
4) terminate the service over time with a commitment to bill for the services paid for in proportion to the time they were provided.

2. If changes are made that affect all users, a notification will be sent by email.

3. If any change is individual and results from misuse of the Programme, the Provider will notify the User individually.

4. If you do not accept the changes, you may not use the Programme or should terminate your use of the Programme.

§ 5.

1. The programme is available as a free or paid version.

2. The free version is only available as a demo version. Its use is limited to 5 calendar days and is subject to the same restrictions and supervision by the Supplier as the use of the paid version.

3. If the user decides to use the paid version, he/she will be charged the current monthly fee according to the price list.

4. The Provider reserves the right to use third party services to charge for the use of the Program or any services you wish to use. Before using any third party payment platform, we strongly recommend that you read the third party’s terms of use before registering with the third party payment services and agree to the third party’s terms and conditions. The Provider is not responsible for the third party terms and conditions, their content policies, their data retention policies, their refund policies or any other practices of such third party services.

§ 6.

1. The programme is intended solely for use in accordance with current legislation.

2. The Services provided by the Provider to the User are governed by Polish law.

3. You may not sub-licence, assign or transfer on any basis whatsoever your rights in relation to the use of the Programme.

4. The Provider is not responsible for any misuse of access data by the User.

5. The user is responsible for material accessed, stored and used with the purchased Programme.

§ 7.

1. You do not acquire any rights to the Programme except for a non-exclusive, revocable, non-sublicensable, non-transferable, limited licence to access and use the Programme.

2. The user may not:
1) modify, copy, transfer, adapt, distribute, translate or distribute the Program or any part or portion thereof without the express permission of the Provider;
2) rent, sell, lend, assign, export, sublicense or transfer the Program or the license to the Program;
3) hack, disassemble, decrypt, emulate, modify, copy, reverse engineer, decompile, create derivative works based on the Program or otherwise attempt to discover the source code, protocol or process used by the Program;
4) use data mining, robots or other tools to extract/collect data collected by the Supplier;
5) remove, alter, conceal any trademarks, patents or information of any kind relating to the Programme;
6) interfere with, interfere with or misuse the Program or any other network connected to the Program;
7) use the Program to infringe the rights of third parties, including infringement of intellectual property rights, to violate your privacy rights in any way or to track, store, transmit or record the personal data of other users of the Program;
8) infringe any intellectual property rights;

3. The programme must not be used in any way that could disable, overburden, weaken or damage our servers and interfere with any other party’s use of the Local Proxy Network.

4. You must not attempt to gain unauthorised access to any aspect of our services and software, or to any information to which you have not been granted access, or to the Programme to the extent that you have not been granted access.

5. Prohibited use will result in the immediate and automatic termination of the User’s licence to use the Programme.

§ 8.

1. Access is a prerequisite for using the Programme.

2. In order to grant Access, the individual/entrepreneur is required to submit the required data or complete the registration form correctly and factually and declares that:
1) is a natural person or an entrepreneur entitled to conclude a contract for the provision of Services by electronic means, in particular is a person of full age,
2) has read the Terms of Service,
3) the data he provides does not infringe any third party rights,
4) is the sole user of the email address provided.

3. Upon correct receipt of the User data, the Supplier grants access to the Programme.

4. The service is activated when the Supplier grants access to the Programme.

5. The email address is a necessary form of identification for the User and will be used by the Provider for all correspondence with the provision of the Services.

6. The Provider may refuse to grant access with the name specified in the registration form if it is used within the scope of the Service, is contrary to the law, good morals, constitutes a trademark of other companies or infringes the personal rights of third parties.

7. The User accesses the Programme by means of his/her email address and password or by means of a forwarded IP address together with the port to which the User is entitled.

8. You are obliged not to disclose to any third party and to keep your email address or access to the Programme confidential.

9. The user shall be solely responsible for damage caused as a result of his/her disclosure, the provision of data used on another service or inadequate protection against access by third parties.

10. The Provider reserves the right to block or delete an Account in the event of:
1) if the Account is used for illegal and immoral purposes, in particular in the event of an attempt to commit a criminal offence by accessing the Programme; or
2) if the registration form during Account creation was filled out incorrectly or
3) make the Account available to a third party or
4) at the request of the User.

11. In the event of a breach of account security, the User is obliged to inform the Provider immediately.

12. The Provider shall not be liable for any loss that you may suffer as a result of your personal account being used by another person, with or without your knowledge.

§ 9.

1. The Program, sites, features, Proxy Network, including any versions, revisions, modifications, enhancements, corrections, updates, accompanying materials, services and any copies you may make under this Agreement, are the property of the Supplier or its licensors and are protected by intellectual property rights, including copyrights and trade secrets.

2. The LEMUR PROXY logo and trademarks are registered trademarks and no rights, licences or interests in any trademark are granted under this agreement.

3. By accepting these terms and conditions, you agree not to infringe, any right, title, interest in or to the software, site and features and related intellectual property rights, copyrights, trade secrets, designs or trademarks acknowledged or contained in or associated with our software, site and features are and shall remain the exclusive property of Provider or its licensors.

4. Nothing in this Agreement shall constitute a waiver of the Supplier’s intellectual property rights under any law.

5. The Provider respects the intellectual property of others and its competitors and asks the user to act in the same way as the Provider and to comply with intellectual property rights and other provisions in connection with any content agreements to which the user may be a party through the services.

§ 10.

1. You may not publish, transmit or upload any content or use the Programme in any way that:
1) violates any law or engages in conduct of any kind that would constitute a criminal offence or give rise to civil liability;
2) infringes or intentionally implies an infringement of the rights of others, including any intellectual property rights, or makes statements that may harass, stalk, defame or threaten others;
3) violates any laws or implies the violation of any laws and other laws, regulations, international conventions concerning:
a) racism,
b) violence,
c) vulgarity,
d) profanity,
e) blatant expressions,
f) pornography,
g) paedophilia,
h) bestiality,
i) any obscene content,
4) violates any laws or implies the violation of any laws and other laws, regulations, international conventions that would support or provide instructions for illegal activities or encourage illegal activities;
5) violates any laws or implies the violation of any laws and other laws, regulations, international conventions concerning:
a) incitement to terrorism,
b) terrorist activities,
c) encouraging terrorist activities;
6) infringes any law or implies the violation of any law or other statute, regulation, international convention containing advertising, promotional material or any inducement in respect of products or services, or containing other software or material that contains a virus or any disruptive element;

§ 11.

1. You may not misrepresent, endorse, affiliate or impersonate any person or entity through the Programme.

2. The user must not infringe the rights of other users, including the right to privacy, copyright or any other rights.

3. The user shall not interfere with or disrupt the website, software, services, functions, LEMUR Proxy network, or interfere with or disrupt other services, networks or connect to other sites and users or violate any requirements, procedures, rules, regulations, networks connected to the website.

4. The user may not reproduce, duplicate, copy, sell, resell, commercially exploit any part of the site, the services, the network of local Proxy servers connected to the site.

5. The user may not reproduce, copy, sell, resell, exploit, reproduce for any commercial purpose whatsoever any part of the site or the service or the user’s content or the site domain or access to the LEMUR PROXY site and network in an unauthorised manner.

§ 12.

1. The Provider has the right to monitor user content downloaded, published or uploaded using the Program to determine compliance with these terms and conditions.

2. The Provider has the right to monitor, edit, display, delete any user content published and submitted to the site and reserves the right to screen, refuse, publish or delete without notice any user content at any time and for any reason.

3. All Users are liable for any damage resulting from infringements of copyright, trademarks, trade secrets, rights of publicity or other proprietary rights and any improper actions reported by Users or third parties.

4. All User data, including information about User activity and content downloaded, published or uploaded by the User, will be retained for the period of the statute of limitations for offences relating to the downloading, publishing or uploading of any content using the Programme.

§ 13.

1. The programme is automatically updated or upgraded at the sole discretion of the Supplier and without the User’s involvement.

2. Updates and/or upgrades may include bug fixes, bugs, compatibility issues or new features and/or functionality.

3. The Provider reserves the right to change, modify or alter the software or services, or any part thereof, and/or to discontinue the services altogether at its discretion.

§ 14.

1. The Provider shall not be liable to the User in connection with the User’s use of the Programme or for any downloaded, uploaded, published or transmitted content.

2. The Supplier is committed to the sound and continuous (min. 90% of the time) operation of the Programme.

3. The Supplier is not liable for damages incurred by the User that are dependent on Force Majeure, i.e. cataclysms, natural phenomena, states of emergency, state of war, etc.

4. The Provider shall not be liable for any improper use or provision of access data by the User.

§ 15.

This agreement shall enter into force upon acceptance by the User.

The contract between you and us is terminated when:

  1. The user uninstalls the Programme.
  2. You will terminate your use of the Programme, the Services and the Proxy Network.

The supplier reserves the unlimited right to terminate the licence at any time and without prior notice to the user.

The Provider reserves the unlimited right to restrict, deactivate, suspend or terminate a user’s access to the services, including deleting their accounts and all related data and files stored in their individual account.

The supplier is entitled to:

  1. Transfer, delete, reject any content and materials available through the Programme, the Services and the Proxy Network;
  2. Establish any other general practices and restrictions on individual use of the Programme, the services and the Proxy Network;
  3. Restrict personal use of Proxy software, services and networks for any reason that may occur during personal use of the Program;

The Provider reserves the right to terminate the User’s licence for any of the above reasons and at its sole discretion, including:

  1. Breaches and violations of this agreement;
  2. At the User’s request;
  3. At the request of law enforcement authorities or any government agency;
  4. Modifications to the software, services or our proxy network;
  5. Unexpected technical or security issues related to the Program, services or proxy network provided.

§ 16.

Pursuant to the Consumer Rights Act of 1 December 2022, the User who is not an entrepreneur may withdraw from the contract within 14 days without stating a reason and without incurring costs, except for the costs set out in Articles 33, 34(2) and 2 of the Consumer Rights Act, in the event that he or she has not started using the Programme.

The Provider shall inform the User of the forfeiture of the right of withdrawal at the latest when using the Programme.

The User may withdraw from the contract by informing the Provider before the end of the withdrawal period if the User has not started using the Programme.

The User’s right of withdrawal shall expire upon commencement of use of the Programme. The User’s withdrawal from the Programme after the commencement of the use of the Programme takes place according to the rules set out in § 15(2) of the Regulations.

§ 17.

The Supplier undertakes to provide the Services at all times with due diligence, in accordance with the Terms and Conditions. External factors beyond the Provider’s control may cause failures that prevent or limit in any way the functioning of the Services.

In the event of failure due to external factors, the Supplier undertakes to take all available, reasonable and justifiable measures to restore the operation of the Programme by a third party as soon as possible.

The Supplier’s liability for non-performance or improper performance of the contract is limited to the actual damage suffered by the User, without taking into account lost benefits. In such a case, the compensation may not exceed the remuneration due to the Supplier for the use of the Programme during the period currently paid by the User.

§ 18.

  1. Complaints or irregularities related to the operation of the Program, the User may submit via email to: lemurproxy@gmail.com from the Email Address provided when registering the Account or in writing to the Provider’s registered address.
  2. Complaints received by other means will not be considered.
  3. The complaint should contain as much information and circumstances as possible about the subject matter of the complaint, in particular:
    • The date on which the irregularity occurred,
    • The identification data of the person making the complaint,
    • A designation making it possible to identify the subject matter of the complaint,
    • A statement of all the circumstances relating to the complaint and justifying the claim, and
    • An indication of the claim being asserted by the person making the complaint.
  4. If the person making the complaint lacks identification data in the complaint, the Supplier shall call on the User to supplement the data within 7 days, and if the data is not supplemented, the complaint shall be left unprocessed.
  5. Complaints containing in their content vocabulary that is commonly regarded as vulgar or repeated reporting of the same subject of complaint before the end of the complaint procedure following the first reported complaint will be left without consideration.
  6. The processing time for complaints is 14 calendar days from the date of delivery.

§ 19.

These Terms of Service are effective as of 04/03/2024.

The Provider reserves the right to amend the Terms of Service, the Price List and the Privacy Policy.

If any provision of the Terms and Conditions is invalid, ineffective or otherwise rendered ineffective, the remaining provisions of the Terms and Conditions shall not be rendered ineffective.

All other matters not regulated by the Rules are subject exclusively to Polish law.

The Provider and the User shall make every effort to resolve any disputes arising from these Terms of Use or the Privacy Policy amicably. If such a solution is not possible, disputes between the Provider and the User shall be settled by a common court of law competent for the seat of the Provider, and in cases where the User is a Consumer – by a court of general jurisdiction.