General Terms and Conditions

§1 Scope

(1) Unless otherwise stipulated below, these terms and conditions apply equally to both the paid and unpaid use of anonymoX services.

(2) Any user terms and conditions that differ from these terms and conditions require the express written consent of anonymoX to apply. These terms and conditions shall apply even if anonymoX provides its services without reservation in full knowledge of conflicting user terms and conditions.

§2 Services offered

(1) anonymoX provides users with proxies designed to disguise their IP address from other providers of telemedia.

(2) anonymoX provides users with the software modules necessary to use its services free of charge. Users have no right to demand the development of software modules compatible to specific operating system and/or browser versions.

(3) Users are responsible for the installation and set-up of the software modules provided. anonymoX provides free support via email and an online user forum.

(4) anonymoX reserves the right to cease the development and use of individual software modules either in whole or in part. If users are thus unable to continue using anonymoX' services, they may terminate the contract with immediate effect by ceasing to use said modules. Notice must be given within 14 days of becoming aware of the issue. Any fees already paid will be refunded pro rata basis for the rest of the billing period.

(5) anonymoX warrants that its services will be available on an average of 95% of each billing period. This performance indicator shall disregard any disruptions, blocking, or other impairments to the service such as may be outside the control of anonymoX; it also disregards the temporary unavailability or permanent shutdown of individual proxies provided other proxies are available to users. If individual telemedia providers exclude anonymoX proxies in whole or in part from accessing their services, this does not constitute a defect or unavailability of anonymoX' services. The same applies if anonymoX blocks access to individual telemedia providers on a temporary basis to prevent misuse as defined in §5 below.

(6) Users have the right to use all proxies provided by anonymoX. Unpaid access can be restricted to certain proxies.

(7) Users can use the proxies of anonymoX at their maximum bandwidth. If the server capacities are overloaded, the available bandwidth can be temporarily throttled to ensure the usability of the proxies for all users. anonymoX will provide preferential service to its paid users over those who have not paid for its services.

§3 User duties

(1) Users agree not to disclose their user login information to third parties.

(2) The same user account may be used on multiple computers and/or multiple browser instances. Simultaneous use of the same user account on multiple computers and/or multiple browser instances is, however, prohibited.

(3) Users are required to install updates for the software modules immediately upon being made available by anonymoX.

(4) Users are not permitted to use anonymoX services for illegal activities. Illegal activities include in particular:

a) technical attacks on computer systems (e.g. DDoS, defacement);

b) sending of unsolicited commercial messages (spam);

c) harassing, insulting, or stalking other people;

d) violating copyright or other proprietary rights; and

e) other criminal acts conducted online (such as fraud).

(5) Users agree not to use anonymoX services other than with the software modules provided. Users will not use anonymoX services in such a way that is clearly intended to disrupt the proper operation of anonymoX.

(6) anonymoX reserves the right to suspend or terminate user accounts associated with infringements of this section; any fees previously paid will not be refunded.

§4 Paid contracts, starting and ending contracts

(1) The presentation and promotion of the services on the anonymoX website do not constitute a binding offer to enter into a contract, but are instead an invitation to users to order services from anonymoX.

(2) An order submitted through the online anonymoX ordering system constitutes a legally binding offer to enter into a contract with anonymoX.

(3) A contract is only created once anonymoX accepts said offer or begins providing the services ordered.

(4) The contract lasts for the period selected by the user.

(5) A subscription contract is automatically renewed upon the expiry of the previous contract term for the same duration. Users may terminate their contract for service until such time as their current contract is renewed; such termination is effective as the end of the current contract period.

(6) Notice is given on the anonymoX website or in writing.

(7) The right to extraordinary termination remains unaffected.

§5 Unpaid contracts, starting and ending contracts

(1) Unpaid contracts are entered into indefinitely once users begin using and anonymoX begins providing its services.

(2) anonymoX has the right to terminate unpaid contracts at any time without notice and with immediate effect, unless legitimate user interests require otherwise. Likewise, users have the right to terminate unpaid contracts at any time without notice and with immediate effect. §4(6) and (7) shall apply mutatis mutandis.

(3) §2(5) applies to unpaid contracts, although in place of the billing period, the actual usage period applies. If the actual usage period is shorter than a month, subscriptions may be cancelled at the end of that month. §6(1) and (2) do not apply to unpaid contracts.

§6 Fees and payment

(1) The prices and payment deadlines for the use of anonymoX services depend on the pricing plan chosen by the user.

(2) The usage of a user account is only possible after payment of the agreed fee. The use of payment methods other than those offered requires the express written consent of anonymoX.

(3) Users are entitled to off-set their account balances only if their counterclaims undisputed or legally established.

§7 Liability

(1) anonymoX assumes liability to users for any damage caused by intent or gross negligence in accordance with statutory provisions.

(2) In all other instances, anonymoX assumes liability (unless otherwise provided below) solely for the breach of a contractual duty, the fulfilment of which is required for the proper execution of the contract and upon the fulfilment of which users may normally rely (so-called cardinal obligations) and is in any case limited to reimbursement for only that damage which was foreseeable and typical for such situations. In all other cases, liability is excluded except as provided below.

(3) The liability for damages arising from injury to life, limb or health and/or under the Product Liability Act remains unaffected by the foregoing limitations and exclusions.

(4) The previous paragraphs notwithstanding, anonymoX is not liable for:

a) damages resulting from the disclosure of user identities or real IP addresses;

b) the availability of individual proxies;

c) damage caused by defects in the software modules provided if users fail to install the updates as required under §3(3), unless the damage would also have occurred with the current software version.

(5) anonymoX is not responsible for any third-party information retrieved by users via its proxies.

§8 Amendments to these terms and conditions; implied consent

(1) In the event of changes to the law, rulings by the courts of highest instance, market conditions, technical conditions, or similar circumstances, anonymoX has the right to amend these terms and conditions retroactively, provided that such changes are reasonable for users, taking into account the interests of anonymoX.

(2) anonymoX will notify users of any such changes in writing. The amendments shall be considered approved if users fail to object within 14 days. anonymoX agrees to notify users at the beginning of this period of the consequences of their failure to accept these changes.

§9 Written form

(1) Verbal agreements have not been made and are invalid.

(2) Changes or additions to this contract are only effective if they are agreed in writing. This also applies to changes to this clause.

§10 Applicable law; jurisdiction

(1) The law of the Federal Republic of Germany applies, excluding the UN Sales Convention (CISG). For consumers who have their habitual residence in another country at the time they place their order, any mandatory applicability of the laws in that county are unaffected by the provisions of the previous clause.

(2) The place of jurisdiction for merchants as defined by the German Commercial Code (HGB) is anonymoX' registered headquarters. In all other cases, the applicable statutory provisions for local and international jurisdiction apply.

Notice of right of rescission

Right of rescission

You can cancel your contract within 14 days without giving reasons by clearly stating your intention to do so in written form (e.g. post, fax, or email). The period begins upon receipt of this notification in text form, but not before the contract takes effect and also not before anonymoX has fulfilled its obligations to provide said notice under Article 246 §2 and §1(1) and (2) of the Introduction to the German Civil Code (EGBGB), §312g (1)(1) of the German Civil Code (BGB) and Art. 246 §3 EGBGB. Notice of rescission or return of the product in a timely manner constitutes meeting the deadline for exercising this right.

The rescission must be sent to:

support@anonymoX.net

or

anonymoX GmbH

Am Kamp 9

58769 Nachrodt-Wiblingwerde

Germany

or

+4915118497064 (available Tue 13:00 to 14:00 UTC+0200)

Consequences of rescission

If the right of rescission has been exercised in a timely manner, the products and payments and any benefits received (e.g. interest) shall be returned to the other party. If you cannot return the services or benefits received from us (such as advantages from the use of the product) in whole or in part or are able to return it only in deteriorated condition, you must compensate for the loss of value. This may result in any unpaid fees remaining payable for the period up to the time when you exercised your right of rescission. All obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your notice of rescission or return the goods; it begins for us, when we receive the same.

Special Notice

Your right of rescission expires prematurely if the contract has already been fulfilled in toto by both parties at your express request and before exercising your right.

Dispute resolution

The European Commission provides a platform for Online Dispute Resolution (ODR). You can find the platform under https://webgate.ec.europa.eu/odr.