Terms of Service

1. Parties and Definitions

“ProxySmart Marketplace”, “Platform”, “we”, “us”, or “our” refers to the operator of proxysmart.market, a technology intermediary that operates an online marketplace connecting independent proxy infrastructure providers with proxy service purchasers.

“Seller” or “Farmer” means any natural person or legal entity that registers a ProxySmart server on the Platform and offers proxy access capacity for sale.

“Buyer” means any natural person or legal entity that purchases proxy access through the Platform.

“User” means any person accessing or using the Platform, including Buyers, Sellers, and visitors.

“Proxy Service” or “Port” means time-limited access to a mobile internet connection (HTTP and/or SOCKS5 proxy) hosted on a physical modem device owned and operated by a Seller.

“ProxySmart Software” refers to third-party proxy farm management software operated independently by Sellers on their own hardware. ProxySmart Marketplace has no ownership of or control over ProxySmart Software.

“Platform Fee” means the percentage of each transaction retained by the Platform as a service fee for providing marketplace infrastructure, payment processing, and dispute management.

2. Nature of the Marketplace

ProxySmart Marketplace is a technology intermediary only. We provide software infrastructure — a website, API, payment processing gateway, and order management system — that enables independent Sellers to offer proxy capacity and Buyers to purchase it. We do not own, operate, control, maintain, or provide any proxy infrastructure ourselves.

Each Proxy Service is provided entirely by an independent Seller operating their own hardware, SIM cards, internet connections, and ProxySmart Software. The Platform does not employ Sellers, does not supervise their equipment, and has no ability to guarantee the quality, uptime, speed, IP address assignment, geographic accuracy, or availability of any Proxy Service.

Sellers are independent contractors, not employees, agents, partners, or representatives of ProxySmart Marketplace. Nothing in these Terms creates any joint venture, partnership, employment, franchise, or agency relationship between the Platform and any Seller. Sellers are solely responsible for their own equipment, SIM contracts, network infrastructure, compliance with applicable laws, and the services they offer.

The Platform does not guarantee connectivity, uptime, speed, IP uniqueness, geographic accuracy, or any specific proxy performance characteristic. All such attributes depend entirely on the Seller’s hardware, carrier, and network conditions, which are outside the Platform’s control.

3. Eligibility & Account Registration

You must be at least 18 years of age and have full legal capacity to enter into binding contracts in your jurisdiction. By registering, you represent and warrant that you meet these requirements.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at legal@proxysmart.market if you suspect unauthorised access to your account.

You may not create accounts for the purpose of circumventing suspensions, bans, or restrictions imposed on a prior account.

You must provide accurate, current, and complete information when registering and must keep your account information updated. We reserve the right to suspend or terminate accounts where we have reason to believe the information provided is false, incomplete, or misleading.

One account per person or legal entity. Corporate accounts must be registered by an authorised representative.

4. Buyer Terms

4.1 Purchase and Activation

When a Buyer completes a purchase, the Platform deducts the applicable amount from their account balance and initiates automated provisioning of a Proxy Service on the Seller’s infrastructure. Activation is typically instantaneous but may take up to several minutes depending on the Seller’s server responsiveness. The Platform makes no guarantee regarding provisioning time.

4.2 Service Delivery

Upon successful provisioning, Buyers receive proxy credentials (host, port, username, password) and optionally a rotation link. These credentials are valid only for the purchased duration. Access automatically terminates at expiry; no grace period is provided.

The Platform bears no responsibility for downtime, IP changes, speed fluctuations, carrier congestion, modem reboots, or any other service interruption caused by factors outside our direct control. Such factors include but are not limited to: Seller hardware failures, SIM card deactivation by mobile operators, power outages, natural disasters, and network congestion.

4.3 Acceptable Use by Buyers

Buyers acknowledge that proxy services are provided for legitimate, lawful purposes only. Each Buyer is solely and entirely responsible for how they use the Proxy Service. The Platform disclaims all liability for any use of the Proxy Service by Buyers for any purpose, whether lawful or unlawful.

Buyers must not use Proxy Services to:

• Engage in any illegal activity under any applicable law;
• Send unsolicited bulk communications (spam) or facilitate spam campaigns;
• Conduct distributed denial-of-service (DDoS) attacks or any form of network abuse;
• Access, alter, damage, or destroy computer systems, networks, or data without authorisation;
• Distribute malware, ransomware, spyware, or any malicious software;
• Commit fraud, identity theft, phishing, or social engineering attacks;
• Violate any third party’s intellectual property rights;
• Violate the terms of service of any third-party platform or website;
• Access child sexual abuse material or any other illegal content;
• Circumvent legal sanctions, export controls, or other regulatory restrictions;
• Facilitate human trafficking or exploitation;
• Engage in market manipulation, securities fraud, or financial crimes.

4.4 Buyer Liability

Buyers are fully and exclusively liable for all consequences arising from their use of purchased Proxy Services. The Platform expressly disclaims all responsibility for Buyer conduct. By purchasing a Proxy Service, Buyers agree to indemnify, defend, and hold harmless the Platform, its operators, officers, employees, and agents from any and all claims, damages, losses, costs, and expenses (including legal fees) arising from or related to the Buyer’s use of the Proxy Service.

4.5 No Resale Without Authorization

Buyers may not resell, sublicense, or otherwise transfer purchased Proxy Services to third parties without prior written authorisation from the Platform.

5. Seller (Farmer) Terms

5.1 Seller Independence

Sellers operate as fully independent service providers. By registering as a Seller, you acknowledge and agree that you are solely responsible for your hardware, SIM cards, internet connectivity, compliance with your mobile carrier’s terms of service, and compliance with all applicable laws in your jurisdiction, including but not limited to data protection, telecommunications, and commercial regulations.

5.2 Infrastructure Obligations

Sellers must ensure their ProxySmart servers are accessible via the API credentials provided to the Platform and must maintain reasonable uptime. The Platform makes no guarantee that listed modems will receive orders. Listing a modem does not obligate the Platform to generate any sales.

Sellers are prohibited from knowingly listing modems that are already allocated under active orders from other proxy marketplaces or services. Sellers using the Multishop feature of ProxySmart Software are required to use the shop-scoped credentials provided to the Platform rather than admin credentials shared across other services.

5.3 Seller Earnings & Revenue Share

Sellers receive a percentage of the Buyer’s purchase price as defined by the Platform’s current fee schedule (currently 67%, subject to change with 14 days’ notice). Earnings are credited to the Seller’s Platform balance. Sellers may request payouts subject to a minimum payout threshold and a payout processing fee as defined in the fee schedule.

Earnings may be reversed in the event of order cancellation, refund, chargeback, fraudulent activity, or as required to comply with applicable law. The Platform reserves the right to withhold earnings pending investigation of potential violations of these Terms.

5.4 Seller Compliance Obligations

Sellers represent and warrant that they have all necessary rights, licences, and permissions to operate their proxy infrastructure and to make their modem capacity available through the Platform. Sellers are solely responsible for ensuring that their operations comply with all applicable laws and the terms of service of their internet service providers and mobile carriers.

Sellers are not responsible for monitoring or policing Buyer usage of the Proxy Services they provide. However, Sellers must cooperate with any legal requests or investigations and must not knowingly facilitate illegal activity.

5.5 Seller Liability

The Platform bears no liability for any legal claims, regulatory actions, or third-party complaints arising from a Seller’s infrastructure, operations, or the downstream conduct of Buyers using Proxy Services provided by that Seller. Sellers agree to indemnify and hold harmless the Platform from any such claims.

5.6 No Guarantees to Sellers

The Platform makes no representation or warranty regarding the volume of orders, earnings, or demand that any Seller will receive. The Platform reserves the right to modify, suspend, or terminate the marketplace at any time without liability to Sellers.

6. Payments, Fees & Refunds

6.1 Account Balance System

The Platform operates an account balance system. Buyers must deposit funds into their Platform balance before purchasing Proxy Services. Deposits may be made via supported payment methods (currently including credit/debit card via Stripe and cryptocurrency via CoinGate). Deposits are non-refundable except as required by applicable consumer protection law.

6.2 Platform Fees

The Platform charges a service fee on each transaction. The current fee schedule is published on the Platform website and incorporated herein by reference. The Platform reserves the right to modify fees at any time with reasonable notice.

6.3 Payout Policy

Sellers may request withdrawal of available balance subject to: (a) a minimum payout amount as defined in the current fee schedule; (b) a payout processing fee as defined in the current fee schedule; (c) successful identity and compliance verification if required by the Platform or applicable law. Payouts are processed manually and subject to review. The Platform may delay or withhold payouts pending investigation of potential violations.

6.4 Refund Policy

Refunds for purchased Proxy Services are issued only in the following circumstances:

• The Proxy Service could not be provisioned (automated provisioning failure) — full refund issued automatically;
• The Proxy Service was demonstrably unavailable for more than 80% of the purchased duration due to technical failures within the Platform’s direct control — partial or full refund at Platform’s discretion;
• The Platform cancels an order for any reason prior to activation.

Refunds are NOT issued for: service quality dissatisfaction; speed or performance not meeting expectations; Buyer’s inability to use the service due to their own technical configuration; third-party website or service blocks on the proxy IP; modem going offline due to Seller hardware issues after successful activation; or any other reason not listed above.

Refund requests must be submitted via the Platform support system within 48 hours of the alleged issue. Refunds, where approved, are credited to the Buyer’s Platform balance and are not returned to original payment methods.

6.5 Chargebacks

Initiating a chargeback with your payment provider instead of following the Platform’s refund process constitutes a material breach of these Terms and may result in immediate account suspension and permanent ban. The Platform reserves the right to pursue recovery of chargeback amounts plus any associated fees.

7. Prohibited Uses

In addition to the restrictions in Section 4.3, the following are prohibited for all Users:

• Attempting to reverse-engineer, scrape, or extract data from the Platform’s systems;
• Interfering with or disrupting the Platform’s infrastructure, servers, or networks;
• Using automated tools to create accounts, make purchases, or interact with the Platform without authorisation;
• Circumventing any access controls, security measures, or rate limits;
• Impersonating any person or entity or misrepresenting your affiliation with any person or entity;
• Engaging in money laundering or any financial crime using Platform funds;
• Creating fake or fraudulent reviews or manipulating the Platform’s reputation system;
• Sharing account access with third parties not authorised under these Terms.

Violation of these prohibitions may result in immediate account suspension without refund, permanent ban, and referral to relevant law enforcement authorities.

8. Intellectual Property

All Platform software, design, trademarks, service marks, logos, and content (excluding Seller-provided content) are owned by or licensed to the Platform operator and are protected by applicable intellectual property laws. Nothing in these Terms grants Users any ownership interest in Platform intellectual property.

Users may not copy, modify, distribute, sell, or lease any part of the Platform’s software or content. Reverse engineering or attempting to extract source code is prohibited.

“ProxySmart” as a product name refers to third-party software developed and sold independently. ProxySmart Marketplace has no ownership of the ProxySmart software brand or product and operates independently of the ProxySmart software vendor.

9. Disclaimer of Warranties

THE PLATFORM AND ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

To the maximum extent permitted by applicable law, the Platform expressly disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Warranties that the Platform will be available, uninterrupted, error-free, or free of harmful components;
• Warranties regarding the quality, speed, reliability, geographic accuracy, or legality-for-purpose of any Proxy Service;
• Warranties that proxy IP addresses will not be blacklisted by third-party services;
• Warranties that Sellers’ infrastructure will function as described;
• Warranties that any particular use case or third-party website will work with Platform proxy services.

Mobile proxy IP addresses are dynamic by nature. The Platform makes no representation that a purchased IP address will remain stable, unique, or unblocked by any particular service during the purchased period.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PLATFORM, ITS OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR:

• Any indirect, incidental, special, consequential, exemplary, or punitive damages;
• Loss of profits, revenue, data, goodwill, or business opportunities;
• Damages arising from a Buyer’s use or inability to use a Proxy Service;
• Damages arising from a Seller’s infrastructure failure, downtime, or non-performance;
• Damages arising from unauthorised access to or alteration of User data or transmissions;
• Damages arising from conduct of any third party on the Platform;
• Damages arising from legal action taken against a Buyer by any third party based on the Buyer’s use of a Proxy Service;
• Any other matter relating to the Platform or any Proxy Service.

IN ALL CASES WHERE LIABILITY CANNOT BE EXCLUDED BY LAW, THE PLATFORM’S TOTAL AGGREGATE LIABILITY TO ANY USER SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY THAT USER TO THE PLATFORM IN THE 30 DAYS IMMEDIATELY PRECEDING THE CLAIM, OR (B) USD $50.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, liability is limited to the fullest extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless ProxySmart Marketplace, its operators, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and court costs) arising out of or in any way connected with:

• Your access to or use of the Platform or any Proxy Service;
• Your violation of these Terms;
• Your violation of any applicable law, regulation, or third-party right;
• Content you transmit through any Proxy Service;
• Any claim that your use of a Proxy Service caused damage to a third party;
• (For Sellers) any claim arising from your proxy infrastructure, SIM card usage, or carrier terms violation;
• Any act or omission by you that causes legal or financial liability to the Platform.

The Platform reserves the right to assume exclusive control of the defence of any matter for which you are required to indemnify us, at your expense. You agree to cooperate fully with such defence.

12. Suspension & Termination

The Platform reserves the right to suspend or terminate any User account, at any time and for any reason, including but not limited to: violation of these Terms, illegal activity, fraudulent behaviour, chargebacks, receipt of valid legal requests, or at our sole discretion with or without cause.

Upon termination of a Buyer account: unused balance may be refunded at the Platform’s discretion after deducting any amounts owed, subject to legal holds and anti-fraud review. Active orders will be cancelled and proportional refunds issued to the Platform balance where technically feasible.

Upon termination of a Seller account: earned balance above the minimum payout threshold will be paid out after a mandatory 30-day hold period, provided no violations are identified. The Platform may withhold funds indefinitely where criminal activity, fraud, or chargebacks are under investigation.

You may close your account at any time by contacting legal@proxysmart.market. Closure does not cancel outstanding obligations under these Terms. Data may be retained as required by applicable law.

13. DMCA & Content Complaints

The Platform does not store, transmit, or control the content passing through Proxy Services. We are a conduit-only intermediary with respect to data transmitted by Buyers through Sellers’ infrastructure. We do not monitor, cache, or have any awareness of such content.

If you believe that activity conducted through our Platform infringes your intellectual property rights or violates applicable law, you may submit a report to legal@proxysmart.market with the following information: your full legal name and contact details; identification of the right allegedly infringed; identification of the allegedly infringing activity; a statement under penalty of perjury that you are the rights holder or authorised to act on their behalf.

We will take appropriate action in accordance with applicable law, which may include suspension of the implicated account.

14. Dispute Resolution & Governing Law

These Terms shall be governed by and construed in accordance with the laws applicable to the jurisdiction in which the Platform operator is registered, without regard to conflict of law principles.

Before initiating any formal legal proceeding, you agree to first contact the Platform at legal@proxysmart.market and attempt to resolve the dispute informally for a period of 30 days.

Any dispute arising from or relating to these Terms or your use of the Platform that cannot be resolved informally shall be subject to binding individual arbitration, and not resolved in a class action lawsuit. By using the Platform, you waive any right to participate in a class action or class-wide arbitration.

Class Action Waiver: You and the Platform each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial.

Nothing in this section prevents the Platform from seeking injunctive or other equitable relief in any court of competent jurisdiction.

15. Changes to These Terms

We reserve the right to update or modify these Terms at any time. When we do so, we will update the “Last updated” date at the top of this page and, for material changes, notify registered Users by email or through the Platform.

Your continued use of the Platform after any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Platform and may close your account.

It is your responsibility to review these Terms periodically. We recommend bookmarking this page.

16. Contact

Questions about these Terms should be directed to:

These Terms of Service were drafted in good faith to govern the use of ProxySmart Marketplace. They do not constitute legal advice. If you have specific legal concerns, you should consult a qualified attorney in your jurisdiction.