Terms and conditions

BEFORE YOU USE OUR SERVICE, PLEASE READ THIS DOCUMENT CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN Mthor Digital Lab ( Spectral Proxy Service) (“OUR”, “US”, “WE”, THE “COMPANY” OR “Mthor Digital Lab”), AND YOU (“YOU”, “YOUR” OR “YOURSELF”) WHICH GOVERNS YOUR USE OF OUR INTERNET-BASED SERVICES. YOUR USE OF THE SERVICE (AS DEFINED BELOW) IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. BY USING THE SERVICES IN ANY MANNER (AS APPLICABLE) (I) YOU OR THE ENTITY THAT YOU REPRESENT (“YOU”, “YOUR”, OR “CUSTOMER”) AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THESE TERMS OF SERVICE (TOGETHER WITH ANY ADDITIONAL TERMS ON SUCH ORDER FORM, THE “AGREEMENT”) TO THE EXCLUSION OF ALL OTHER TERMS, AND (II) YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO BIND CUSTOMER.

You are granted a nonexclusive right during the Term (as defined below) to use Spectral Proxy Service (the “Service”) subject to the terms, conditions and restrictions set forth in this Agreement and any other restrictions stipulated to you by us in writing.

You agree to pay for the Service in accordance with our service fees, as further set forth on the site.

We use a 3rd party service named Stripe to store a protected copy of credit card numbers of your users. This billing data belongs to you (and your customers) and by utilizing the Service, you grant Mthor Digital Lab a license to use this data for the purposes of fulfilling our Service obligations to you and Mthor Digital Lab shall otherwise use commercially reasonable efforts to keep such information confidential and secure in accordance with general industry standards. Mthor Digital Lab has and will continue to use PCI compliant processing provided by Stripe.

Terms of this Agreement

The term of this Agreement (the “Term”) shall commence as of the date you first register for, access or use of the Service, and shall continue until terminated as set forth below. You terminate this Agreement when the duration of your plan end. Mthor Digital Lab may terminate this Agreement at any time, for any reason or no reason (including, without limitation, for your breach of this Agreement, violation of applicable law, or violation of card association rules or regulations). Upon any termination of this Agreement, any amounts owed to Mthor Digital Lab which accrued prior to such termination will become immediately due and payable.

Modifications to Agreement or Service

Mthor Digital Lab reserves the right to amend or modify this Agreement at any time, but if we do, we will bring it to your attention by placing a notice on the Service, by sending you an email and/or by some other means. If you don’t agree with the amended or modified Agreement, you are free to reject it; but you will no longer be able to use the Services. If you use the Services in any way after a change to this Agreement is effective, that means you agree to all of the changes. Except for changes to this Agreement made by Mthor Digital Lab in accordance with this section, no other amendment or modification of this Agreement will be effective unless in writing and signed by both you and Mthor Digital Lab.

Mthor Digital Lab may change, suspend, or discontinue all or any part of the Service at any time, with or without reason (including, without limitation, for any nonpayment of any fees due hereunder). You acknowledge that the operation of the Service may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Mthor Digital Lab shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Service.

Service Implementation, Registration and Payment Terms: Mthor Digital Lab will submit your payment information to the Stripe gateway and will charge you a fee based on the plan you have choosen. If you fail to pay any fees due hereunder, Mthor Digital Lab may terminate your access to the Service.

Mthor Digital Lab is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by you or your customers that are deceptive, fraudulent or otherwise invalid (“Fraudulent Actions”). By using the Service, you hereby release Mthor Digital Lab from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify Mthor Digital Lab of any Fraudulent Actions which may affect the Service. Mthor Digital Lab reserves the right, in its sole discretion, to terminate your account if you engage in, or permit any other user or customer to engage in, Fraudulent Actions.

Service use and limitations

We will make reasonable efforts to keep the complete Service operational 24 hours a day/7 days a week, except for: (i) planned downtime of certain services (of which we will use reasonable efforts to provide at least 72 hours prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems or Internet service provider failures or delays.

Third Party Products & Services (Stripe)

(Stripe – https://stripe.com/fr/terms) The Service may provide you with access to, be integrated with, or contain links or references to, products, services, data, information, sites or other materials which are provided or operated by third parties (collectively, “Third Party Products or Services”). Third Party Products are not under Mthor Digital Lab’s control, and you acknowledge that Mthor Digital Lab is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Products. You shall comply with all Third Party Terms, and shall indemnify and hold Mthor Digital Lab harmless from all damages, costs, settlements, attorneys’ fees and expenses arising from or related to your breach of any Third Party Terms. Any provision by Mthor Digital Lab of Third Party Products, and any exchange of data between you and any third-party provider of a Third Party Product, is solely between you and the applicable third-party provider.

Proprietary Rights

The Service contains content and technology of Mthor Digital Lab that is protected by copyright, trademark, patent, trade secret and other laws. As between the parties, Mthor Digital Lab owns all intellectual property and other proprietary rights to the Service, including but not limited to the design, artwork, logos, functionality, and documentation relating thereto (collectively, the “Mthor Digital Lab Property”). You may not: (i) copy, modify, or reverse engineer any part of the Service or any Mthor Digital Lab Property (except to the extent such restriction is prohibited by applicable law); (ii) rent, sell, lease, distribute, provide on a service bureau basis, or otherwise use the Service for the benefit of any third party; or (iii) remove or otherwise alter any proprietary notices or labels from the Service or any portion thereof. The names, logos or trademarks of any third party companies and products mentioned on the Service (including, without limitation, Mthor Digital Lab Partners and Partner Sites) may be the trademarks of their respective owners.

Subject to the terms and conditions hereof, Mthor Digital Lab hereby grants you a limited, revocable, nonsublicensable license to display the Mthor Digital Lab Property (excluding any software code) solely for personal, non-commercial use in connection with viewing the Service or other uses which are expressly permitted by Mthor Digital Lab in writing. Notwithstanding such permitted uses and license, you acknowledge that all derivative designs and artwork which utilize the Service’s logo or other property are the sole property of Mthor Digital Lab. No other rights are granted to you with respect to the Mthor Digital Lab Property other than those rights granted explicitly herein.

Any text, images, or other audiovisual information posted on the Service by a user (collectively, “User Content”) shall belong to the user that posted such User Content. You may use any User Content posted by you in any other way without restriction. You may only use User Content posted by others in the ways described in this Agreement.

Mthor Digital Lab reserves the right to remove any content (including, without limitation, User Content) from the service, at its sole discretion.

Mthor Digital Lab respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who repeatedly infringe others’ rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to Mthor Digital Lab copyright agent

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Mthor Digital Lab AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOU UNDERSTAND THAT IN USING THE SERVICE, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD PARTY INFRASTRUCTURES WHICH ARE NOT UNDER Mthor Digital Lab’s CONTROL (SUCH AS A THIRD PARTY SERVERS). Mthor Digital Lab MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD PARTY INFRASTRUCTURES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Mthor Digital Lab OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

EXCEPT FOR ANY INDEMNIFICATION OBLIGATIONS OF THE PARTIES SET OUT HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY ON ACCOUNT OF ANY CLAIM (WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE) FOR (I) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY AMOUNTS IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID (OR PAYABLE) BY YOU UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING ANY CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Privacy

Our collection of information from you, if any, is subject to our Privacy Policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information.

Chargebacks

If you have questions about a payment made to us, we encourage you to contact our support. If no attempt to contact or respond to the support team is made within one day (24 hours) of the payment being processed, we will assume all transactions were valid. We reserve our right to dispute any Chargeback.

The service Spectral Proxy is only refundable for the following case

  • Proxies are banned on the target website in which the customer wants to use them
  • To study your request and proceed on the refund, following elements will have to be provided by the customer:

  • Video of your browser configured with a proxy and showing that the connection on the target website doesn’t work with the date and time via this website https://time.is/ showing when the proxy tests have been done in order to be sure that the test has been executed during the active period of the proxies. The refund request with all the information requested above have to be sent by email to support@spectralproxy.xyz A feedback will be provided to the customer within 24 hours.