TERMS AND CONDITIONS
1 Grant of license
1.1 Wyocore grants to the Customer a non-exclusive, non-transferable, revocable limited right to use the Wyocore Services to allow End Users/Customer to access and use the Wyocore Services. End Users may only use the Wyocore Services for its intended purpose as set out in the Service Description. Neither the Customer nor any End Users shall permit any other than End Users to access and use the Wyocore Services.
1.2 The Customer shall take all reasonable precautions necessary to: (i) prevent access to the Wyocore Services by any individual who is not an End User; and (ii) prevent any distribution or redistribution of the Wyocore Services in breach of this Agreement of which the Customer is aware of. Except as expressly permitted herein or by law, the Customer shall not modify, reverse engineer, disassemble, or decompile the Wyocore Services or any software contained therein.
1.3 There are no implied licenses granted under this Agreement and all rights, save for those expressly granted to the Customer hereunder, are expressly excluded and shall remain with and belong to Wyocore.
2 Wyocore Rights and obligations
2.1 Wyocore will allocate sufficient and necessary competence in order to perform its obligations under this Agreement. Wyocore will provide Wyocore Services with due care and skill, by using personnel possessing the appropriate training and experience to perform the necessary activities in a professional manner and in accordance with this Agreement, taking into consideration security, confidentiality, and compliance with applicable rules.
2.2 Wyocore will offer the support, maintenance and service.
Wyocore offers a ready-made proxy connection in the form of http(socks5)://username:password@ip:port. However, the Customer is solely responsible for the establishment of an uninterrupted connection via such proxy connection.
2.4 Wyocore will maintain adequate and continuous functioning of the proxy connection assigned to the Customer.
2.5 Wyocore reserves the right to terminate Wyocore Services at any time, should there be a fact-based indication that Wyocore Services are being used in breach of applicable legislation and/or to commit a crime. In case of a detected breach of permitted use of any of Wyocore Services, all Wyocore Services are subject to termination.
3 The customer’s rights and obligations
3.1 The Customer shall use Wyocore Services only in line with the applicable laws and regulations. Any violation of the applicable Wyoming, U.S. or EU laws and regulations regarding the use of digital services, communication networks and content creation is prohibited and in breach of this Agreement. Any use of Wyocore Services in breach of this Agreement or applicable laws is subject to termination of Wyocore Services by Wyocore and other legal remedies according to the applicable laws.
3.2 The Customer's Affiliates shall also be entitled to access and use the Wyocore Services. However, all call-offs for Wyocore Services for the Affiliates shall be made by the Customer and any disputes shall be settled by and between the Customer and Wyocore as provided in this Agreement. The Customer shall be responsible and liable for any Affiliate's fulfilment of its obligations in relation to the Wyocore Services under the Agreement.
3.3 The Customer may order additional Wyocore Services, or request changes to the Wyocore Services, as made available by Wyocore at Wyocore 's discretion. If such additional services or changes are mutually agreed upon by the Parties, the terms and conditions of this Agreement shall apply.
3.4 The End User's right to use the Wyocore Services is derived from the Customer's right to use the Wyocore Services. Therefore, the terms and conditions agreed between the Customer and the End Users with respect to the use of the Wyocore Services must be equally protective for Wyocore as the terms and conditions in this Agreement. The Customer will be liable for any damages arising out of the Customer's culpable breach of this obligation.
3.5 Wyocore shall, upon reasonable request from the Customer, subject to applicable laws and regulations, provide reasonable assistance to Customer in connection with legal proceedings, if deemed necessary by Customer for evidentiary purposes. Wyocore will provide such assistance within the time frames reasonably required to not put at risk any legal proceedings. The Customer will consult with Wyocore to the extent reasonable to facilitate Wyocore’s provision of such assistance in a cost-efficient manner for both Parties.
3.6 The Customer shall stay duly informed on a regular basis of the information on Wyocore 's support web on https://proxyshard.com.
Fees, payment and refunds
4.1 All fees under this Agreement shall be paid in advance for each month of use of Wyocore Services unless specified otherwise in the Agreement.
4.2 All fees under this Agreement are exclusive of customs, taxes, duties or excises in any form, all of which shall be borne by the Customer.
4.3 The fees will not change during the first three months after the Effective Date of the Agreement. Prices may thereafter be changed with one month notice. Thereafter, the fees may be changed at the discretion of Wyocore.
4.4 Payments that are more than thirty (30) days overdue will be subject to the amount determined by applicable law pertaining to overdue payments, on the overdue balance. In the event that any payments are more than one (1) month overdue, Wyocore may, at Wyocore 's discretion, without prejudice to any other rights and remedies, suspend access to all or part of the Wyocore Services until the invoices in question have been paid.
4.5 All payments under this Agreement are conducted on the bank account provided by Wyocore or via online payment solutions authorized by Wyocore. All payments are conducted in USD.
4.6 The Customer is entitled to a refund in the following cases:
4.6.1 Premature termination of the Agreement as specified in 9.2 and 9.4 below. The refund amount will be proportionate to the amount of the remaining unused time of access (remaining time paid) after Wyocore obtains a request for suspension of Wyocore Services;
4.6.2 Premature termination of Wyocore Services by the Customer, if such Wyocore Services were purchased by mistake or no longer intended to be used, given that the following conditions are met for each underlying Wyocore Service purchased:
| Wyocore Service | Refund Conditions |
|---|---|
| ISP and/or Datacentre Proxy | 30 minutes upon purchase |
| Residential Proxy | Before proxy usage reached 100 mB |
| Mobile Proxy | 30 minutes upon purchase and before proxy usage reached 100 mB |
4.6.3 Non-compliance of ServiceLink Services with our obligations under the Service Level Agreement. The refund amount and payment are subject to individual and transparent case review by Wyocore and in line with the Service Level Agreement;
4.6.4 In other cases prescribed by the applicable laws and regulations.
4.7 The refund is conducted either via a bank transfer or a return organised via payment solutions used to pay the fees. The chargeback arranged by the Customer via a request to the Customer's bank must be priorly solicited with Wyocore. All unsolicited chargebacks are subject to investigation by Wyocore and possible suspension of Wyocore Services without prior notice.
5 Security and compliance
5.1 Both Parties shall perform their services and obligations under this Agreement in compliance with all applicable laws and regulations.
5.2 In particular, both parties shall adhere to all applicable privacy laws and regulations pertaining to Wyocore Services, including Regulation (EU) 2016/679 (the "GDPR") and applicable Wyoming and U.S. privacy and fair business practices regulations.
5.3 The performance of Wyocore under this Agreement may be subject to monitoring, inspection and assessment by the responsible Wyoming/U.S. regulatory/enforcement authority. The Wyocore will fulfil such lawful request and notify the Customer if its rights under this Agreement were affected, where allowed.
5.4 Wyocore applies permitted automated anti-abuse monitoring systems to detect illegal use of Wyocore Services as elaborated in Appendix 2 of this Agreement. Any detected illegal use of Wyocore Services by Wyocore is subject to immediate termination of such Wyocore Service and all Wyocore Services rendered by the Customer as per Art.. 2.5, 3.1 and 9.3 of the Agreement.
6 Confidential Information
6.1 "Confidential Information" means the specific terms of this Agreement, and any information disclosed by either Party to the other Party, either directly or indirectly, in writing or in any other manner, relating to each Party's business and/or customers, including without limitation confidential information about the Wyocore Services. Confidential Information shall not include information (i) already in the possession of the receiving Party without an obligation of confidentiality; (ii) hereafter rightfully furnished to the receiving Party by a third party without a breach of any separate nondisclosure obligation; or (iii) publicly available without breach of this Agreement (i.e. information in the public domain).
6.2 Neither Party shall use, or disclose to any person, either during the term or after the termination of this Agreement, any Confidential Information except in accordance with the other Party´s prior written consent or as required by law.
7 Intellectual Property Rights
7.1 All Intellectual Property Rights belonging to each Party as of the date of this Agreement, and all rights, title and interest to existing technology, products and works of each Party and all accompanying and associated materials as of the date of this Agreement, shall remain exclusively with such Party or such Party's licensors.
7.2 All rights, title and interest to any software, products, technology and/or information in any service, documentation or material provided or developed by Wyocore from time to time under this Agreement, shall remain exclusively with Wyocore.
8 limitation of liability
8.1 Each Party's liability for damages caused by slight negligence, irrespective of its legal ground, shall be limited as follows:
(i) each Party shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations;
(ii) neither Party shall be liable due to a slightly negligent breach of any other duty of care applicable.
8.2 The aforesaid limitations of liability shall not apply to any mandatory statutory liability and liability for culpably caused injuries of life, body or health. In addition, such limitations of liability shall not apply if and to the extent a Party has assumed a specific guarantee.
8.3 Each Party shall be obliged to take adequate measures to avert and reduce damage.
9 Term and Termination
9.1 This Agreement shall commence on the Effective Date and continue for an Initial Term of one month. Thereafter, the Agreement shall continue for successive periods equal to the Initial Term ("Additional Term(s)") unless terminated earlier in accordance with this Agreement.
9.2 This Agreement may be terminated by either Party at any time if the other Party is in material breach of any term or condition of this Agreement and such breach continues unremedied for a period of three (3) days after the Party in breach has been notified of such breach by the other Party by means of a written notice. The terminating Party shall be entitled to set the day upon which the Agreement terminates.
9.3 Non-withstanding the Art. 9.2 of the Agreement, Wyocore can unilaterally terminate this Agreement based on the Art. 2.5 at any time.
9.4 The Parties are entitled to terminate this Agreement jointly at any time.
9.5 Upon expiration or termination of this Agreement:
(i) The Customer shall immediately cease its use of the Wyocore Services, and all licenses to Customer and End Users granted under this Agreement shall expire; and
(ii) Each Party will return to the other Party or destroy (if so authorized in writing by the other Party) all Confidential Information concerning the other Party in the respective Party's possession or control, provided Wyocore reserves the right to charge Customer on a time and material basis for the return of Confidential Information and other information, if such return is requested.
10 Miscellaneous
10.1 Wyocore and Customer are strictly independent entities and shall so represent themselves to all third parties.
10.2 This Agreement shall not be altered, modified or amended except in writing executed by both Parties. No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion.
10.3 Neither Party may assign this Agreement without the prior written consent of the other Party, which consent shall not be unreasonably withheld.
10.4 Neither Party shall be responsible for failure of performance due to causes beyond its control, including, but not limited to labour disputes and actions of any government agency, and other force majeure events defined by applicable law.
10.5 The notices or other communications shall be effective upon receipt and shall be deemed to be received by a Party: (i) upon verification of receipt via e-mail, or; (ii) if sent by registered letter, unless actually received earlier, on the third business day after posting.
10.6 Wyocore 's rights to be paid and Customer's obligations to pay Wyocore all amounts due hereunder shall survive termination of this Agreement.
10.7 This Agreement shall be governed by and construed in accordance with Wyoming law under the exclusion of private international law. Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be settled by the courts of Wyoming.
10.8 If any provision of this Agreement is declared invalid by any court or tribunal, the remaining provisions of this Agreement shall remain in effect.
10.9 This Agreement has been duly executed by both Parties by way of electronic signature or by consenting to this Agreement on the Wyocore website:https://proxyshard.com.
11 KEY DEFINITIONS
Affiliate - Any entity within the Customer's company group, consisting of one or more parent companies together with one or more subsidiaries. A company is a parent company if it, owing to an agreement or as an owner of shares, has determinative influence over another company either alone or jointly with another entity.
Customer - individual or legal entity procuring Wyocore Services. An individual procuring Wyocore Services is an End User.
End Users - A user of Wyocore Services.
Intellectual Property Rights - Any copyrights, adaptation rights, publishing rights, reproduction rights, rights to communicate to the public, public performances, synchronization rights, rights to be named as creator of the work(s), artist names, patents, utility models, design patents, designs, trademarks, trade names, service marks, brands slogans, commercial symbols, logos, other designations, inventions, trade secrets, know-how and/or any other industrial and/or intellectual property rights, and applications thereof.
Parties - Wyocore and Customer jointly.
Wyocore - WYOCORE TECHNOLOGIES LLC (2025-001689302), a company registered under the laws of Wyoming, United States at the 5830 E 2nd St, Ste 7000 # 25342, Casper, WY, 82609, US
* * *This Agreement is valid and binding as of the date of the last electronic signature and/or subscription via consent to Wyocore Services on the Wyocore website – https://proxyshard.com (the "Effective Date").
APPENDIX 1 – SERVICE DESCRIPTION
Proxy address
Wyocore creates, maintains and provides access to the designated Proxy. The End User/Customer is provided with a Proxy to be used as gate access for the End User to enter the Internet network.
The Proxy consists of : http(socks5)://username:password@ip:port
The End User using Wyocore Proxies can act on the Internet without identification of the End User and his/her device used to enter the Internet network. The Wyocore Proxies are designed specifically to anonymize/depersonalize the End User. However, the End User/Customer and Wyocore each separately must ensure that the End User’s personal data and the identification of his/her device (e.g., End User’s device IP address) are not disclosed in the course of using Wyocore Services or otherwise allowing to identify the End User as Wyocore Proxy End User.
Tracking your data and public security
The Wyocore does not track your traffic when using Wyocore Services.
However, Wyocore may be responsible under applicable legislation for the lawful use of Wyocore Services and therefore applies reasonable security measures to avoid potential violations of applicable regulations when using Wyocore Services, such as applying access limitations to listed websites under Wyoming, U.S. and EU laws [Link to the list – you can include as Annex III].
Wyocore updates the list of blocked websites from time to time. The actual list can be requested via the Wyocore support line on the website.
Wyocore also reserves the right to terminate your access to Wyocore Services if become aware of a violation of the U.S./EU law while using Wyocore Services (e.g., notification by responsible regulatory or enforcement authority).
Wyocore is legally responsible for cooperating with the enforcement authorities in case of lawful request/order. Any such lawful request will be fulfilled by Wyocore.
Your content and public security
Wyocore does not have access to the content you may/may not place on the Internet.
However, Wyocore may be responsible for managing lawful complaints from the U.S./EU regulatory authority regarding illegal content. Such a situation is possible if the End User/Customer has identified him/herself while using Wyocore Services or in the event of other disclosures. The Wyocore cannot delete, amend or change the content that the End User might place on the Internet. However, Wyocore may be required to terminate Wyocore Services at the lawful request of authorities.
APPENDIX 2 – ENSURING LEGAL AND PERMITTED USE OF WYOCORE SERVICES
Wyocore Services are designed to ensure the privacy and anonymity of each Customer. Any online intermediary services, such as proxy/VPN, act as a gateway between the Customer and sources he chooses to interact with (e.g., domain or IP address).
While the traffic/data exchanged is not being logged and cannot be viewed by the design of Wyocore Services, the IP addresses and domains visited via our proxies can be logged. Applying temporary logging of interactions with IP addresses and domains is a matter of maintaining a balance between our Customers’ privacy and preserving legal use of Wyocore Services as explained below.
Wyocore Services are intended for lawful, legal and ethical use. Therefore, Wyocore Services are prohibited for any illegal use, such as scamming, website brute-forcing, DDOS attacks and other activities designated as crimes and/or circumvention of regulated activities under applicable laws (“Illicit Use”).
To pursue continued and stable use of Wyocore Services by all our Customers, Wyocore takes reasonable and permitted precautions. Such precautions are implemented via technical measures allowing to detect Illicit Use.
When an indication of Illicit Use is detected, any and all Wyocore Services used by the Customer whose account was automatically alerted as Illicit Use are subject to temporary suspension (up to seven days). Each such Customer will be contacted by Wyocore with a suggestion to clarify the raised alert.
No Customer is obliged to explain his/her use of Wyocore Services. However, it is a legitimate right of Wyocore to terminate Wyocore Services if there is a reasonable ground suggesting Illicit Use, which cannot be explained otherwise. All such Customers are automatically blacklisted from further use of Wyocore Services, including attempts to get registered under new accounts/disguised credentials.
To maintain the aforementioned balance of uninterrupted use of Wyocore Services by all our Customers towards privacy in Illicit Use detection, we have narrowed what Wyocore CAN and CANNOT DO for security reasons:
| Wyocore CAN | Wyocore CANNOT |
|---|---|
| Log visited/addressed domains and IP addresses by each Customer for no longer than seven days; Run permitted programs to detect potential Illicit Use using only visited/addressed domains and IP addresses; Temporarily suspend Wyocore Services for Customers whose accounts were alerted as potential Illicit Use for another seven days, and retain logs of such Customers until resolution (e.g., Illicit Use alert was overruled by Wyocore); Terminate any Wyocore Services for Customers whose accounts were alerted for Illicit Use and blacklist such Customers from any further services. | Log and view exchanged traffic; Retain logs of visited/addressed domains and IP addresses longer than seven days unless triggered for Illicit Use; Terminate Wyocore Services without reason or in violation of the Agreement. |
Prohibited detectable practices falling under the definition of Illicit Use
The Wyocore methods of detecting Illicit Use are focused on detecting specific behaviour while using Wyocore Services and do not allow us to detect Illicit Use related to the content of the traffic exchange. However, we will act diligently and react to any justified report about the Illicit Use related to the content that may be exchanged using Wyocore Services as prescribed by the applicable law and this Agreement (e.g., termination of services). Wyocore is taking its best effort to detect Illicit Use non-related to the content and potentially detectable based on the limits existing within the design of Wyocore Services (e.g., temporary 7-day logs of addressed IP addresses and domains). The list of detectable Illicit Use practices is a dynamic and constantly updated set of practices prohibited while using Wyocore Services. The current non-exhaustive list of such practices is as follows:
- Disrupting Wyocore's networks and servers in your use of the Wyocore Services;
- Denial of Service (DoS / DDoS) practices: Bombarding a website or server with traffic to intentionally crash it or disrupt its normal operation;
- Brute-forcing: Automated guessing, trial-and-error, word-pressing, credential stuffing, password spraying and other methods of configuring predetermined values, making requests to a server using those values;
- Circumventing Illicit Use detection by having multiple accounts (e.g. creating bulk signups, creating and/or operating a large number of accounts for a single organisation or individual);
- Accessing Wyocore Services through automated means, including but not limited to bots, scripts, or similar technologies;
- Engaging in spam activities (e.g., sending irrelevant or unsolicited messages or content over the internet, typically to a large number of recipients for the purposes of phishing, or spreading malware or viruses;
- Attempting to access, probe, or connect to computing devices without proper authorisation (i.e. any form of unauthorised "hacking").
Wyocore does not disclose applied detection techniques to avoid circumvention of our security measures and reserves the right to adapt such techniques without compromising the designed privacy standards.