September 22, 2022
Welcome to the Terms of Use for 302.AI. This is an agreement (“Agreement”) between the owner and operator of 302.AI and 302.AI website and any associated downloadable software or services offered (collectively the “Platform”) and you (“you”, “your”), a user of the Platform. Throughout this Agreement, the words “302.AI,” “us,” “we,” and “our,” refer to our company, 302.AI. By clicking “I agree”, accessing, or using the Platform you agree to be bound by this Agreement and the Privacy Policy. We may amend our Terms of Use or the Privacy Policy and may not notify you when we do so. The current version of the Agreement is available on our website. You understand and agree that it is your obligation to review these terms and conditions from time to time in order to stay informed on current rules and obligations. Your continued use of the Platform following any revision of the Platform or this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS. If you do not agree to the Terms of Use or the Privacy Policy please cease using our Platform immediately. 302.AI has developed, owns and offers a service which enables browsing the internet anonymously by redirecting users’ communication through other users’ devices(the “System”). This is available for commercial use under this Agreement. During the term of this Agreement 302.AI granted you to access and use the System solely for the purpose of Client’s internal business operations. 302.AI reserves any and all rights not expressly granted in this Agreement, including, without limitation, any and all rights to the System.
Users may be required to register on the Platform before accessing portions of the Platform. Your information will be collected and disclosed in accordance with our Privacy Policy. All users are required to provide truthful and accurate information when registering for our Platform and must be over the age of 18. Users may only register for one account per user. We reserve the right to verify all user credentials and to reject any users. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify 302.AI immediately of any unauthorized use of your account or any other breach of security. 302.AI will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. If you are registering on behalf of your company, you represent and warrant that you are authorized by your company to create an account on your company’s behalf and you represent and warrant that you are authorized by your company to incur financial obligations and enter into legally binding agreements on behalf of your company.
Through the Platform, 302.AI may offer proxy services or other services. The services may be provided via the internet or via downloadable software. Where you have downloaded a copy of our software you agree to abide by this Agreement. 302.AI uses reasonable efforts to provide these services to you; however, all services provided depend on innumerable factors and variables that are outside of 302.AI’s direct control. For these reasons, all services offered are not guaranteed and are offered “as-is”. Where you decide to use any services offered by the Platform, you agree that we make no guarantees including but not limited to access or efficiency. You understand that the services offered may have variance, be inexact, cause negative effects, or be otherwise incorrect. You agree to release us from any liability that we may incur for providing you any services offered via Platform. You agree that any service or any other information found on the Platform may be inaccurate, unsubstantiated or possibly even incorrect. You agree to release us from any liability that we may have to in relation to your use of our Platform.
Your ability to submit or transmit any information through the Platform, including but not limited to data, information, images, references, or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. We provide industry standard security for our Platform but we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion. When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations. When you submit any User Content to us, you grant 302.AI, its partners, affiliates, users, representatives and assigns a non-exclusive, limited, fully-paid, royalty-free, revocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for the purposes of providing you any services associated with the Platform. Additionally, you grant to 302.AI a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Platform any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the operation of our Platform.
We value your privacy and understand your privacy concerns. Our Privacy Policy is incorporated into this Agreement, and it governs your access to and use of the Platform. Please review our Privacy Policy so that you may understand our privacy practices. All information we collect is subject to our Privacy Policy, and by using the Platform you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You further understand that any information collected by 302.AI may be transferred outside of your resident jurisdiction and/or other countries for storage, processing and use by 302.AI and its affiliates.
Although we try to provide continuous availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. Additionally, 302.AI is under no obligation to provide the services to any users and may suspend a user’s access to the Platform at any time and at our discretion. Only users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.
We reserve the right to alter, modify, update, or remove our Platform at any time. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal or other purposes.
You agree to abide by all restrictions when using and accessing our Platform.
Portions of the Platform or specific services offered may require payment and you agree to pay for all costs, fees, and taxes listed. User authorizes 302.AI or its third party payment processors to charge their method of payment at the time of purchase. Please be aware that purchases are completed via our third party payment processors. Where applicable, you must agree to our third party payment processors terms and conditions for processing payments. All information that you provide in connection with a purchase or transaction must be accurate, complete, and current. Where you have failed to pay or where payments are overdue, 302.AI may suspend or terminate your access to any services of the Platform, without liability to us.
Where 302.AI does not charge you taxes for any purchases, you agree to pay any and all applicable taxes for your use and purchase of the services. Additionally, where requested by us, you agree to provide us tax documentation to support any claims of on-time tax payment.
The pricing for any services is listed on 302.AI Platform. 302.AI may increase the price of any services, at our discretion and we reserve the right to do so at any time. In the event of a price increase, 302.AI shall notify you and you will have the chance to accept or reject any price increase. Please notify us if you intend to reject a price increase. Where you have rejected a price increase, you may be unable to access portions of the Platform. You agree that 302.AI has no obligation to offer any services for the price originally offered to you at sign up.
As we offer online services, we cannot offer refunds for any paid services. Please check the refund agreement for more details.
The Platform And All Services Are Provided On An “as Is”, “as Available” And “with All Faults” Basis. To The Fullest Extent Permissible By Law, Neither 302.AI, Nor Any Of Our Employees, Managers, Officers, Assigns Or Agents Make Any Representations Or Warranties Or Endorsements Of Any Kind Whatsoever, Express Or Implied, As To: (1) The Platform; (2) Any Information Provided Via The Platform; (3) The Services, Or (4) Security Associated With The Transmission Of Information To 302.AI, Or Via The Platform. In Addition, We Disclaim All Warranties, Express Or Implied, Including, But Not Limited To, The Warranties Of Merchantability, Fitness For A Particular Purpose, Lost Profits, Non-infringement, Title, Custom, Trade, Quiet Enjoyment, System Integration And Freedom From Computer Virus.
In No Event Shall 302.AI, Its Officers, Directors, Employees, Or Agents, Be Liable To You For Any Direct, Indirect, Incidental, Special, Punitive, Or Consequential Damages, Whether Based On Warranty, Contract, Tort (including Negligence), Or Any Other Legal Theory, And Whether Or Not 302.AI Is Advised Of The Possibility Of Such Damages, Resulting From (1) Your Use Or Inability To Use The Platform Or Any Errors, Mistakes, Or Inaccuracies Found Within The Platform, (2) Any Personal Injury Or Property Damage, Of Any Nature Whatsoever, Resulting From Your Access To And Use Of Our Platform Including The Services, (3) Any Interruption, Misinformation, Incomplete Information, Or Cessation Of Transmission To Or From Our Platform To You, (4) Any Bugs, Viruses, Trojan Horses, Or The Like, Which May Be Transmitted To Or Through Our Platform Via A Third Party, (5) Any Failure Or Disruption Of Services Whether Intentional Or Unintentional, Or (6) Any Action Taken In Connection With Any Third Party Copyright Or Other Intellectual Property Owners. The Foregoing Limitation Of Liability Shall Apply To The Fullest Extent Permitted By Law In The Applicable Jurisdiction. Some Jurisdictions Do Not Allow The Limitation Or Exclusion Of Liability For Incidental Of Consequential Damages, So The Above Limitation Or Exclusion May Not Apply To You. Specifically, In Those Jurisdictions Not Allowed, We Do Not Disclaim Liability For: (1) Death Or Personal Injury Caused By 302.AI’s Negligence Or That Of Any Of Its Officers, Employees Or Agents; (2) Fraudulent Misrepresentation; Or (3) Any Liability Which It Is Not Lawful To Exclude Either Now Or In The Future. Where A Total Disclaimer Of Liability Is Disallowed You Agree That Our Total Liability To You Shall Not Exceed The Amounts You Have Paid In The Past One (1) Month To Use Our Platform Including Our Services.
You agree to defend, indemnify and hold harmless 302.AI, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: • your use of and access to 302.AI Platform including any services; • your violation of any term of this Agreement; • your interactions with any other uses or third parties; or • your violation of any third party right, including without limitation any copyright, property, or contractual right. This defense and indemnification obligation will survive this Agreement and your use of 302.AI Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously. If you believe that any content owned by you has been infringed upon please send us a message which contains: • Your name. • The name of the party whose copyright has been infringed, if different from your name. • The name and description of the work that is being infringed. • The location on our Platform of the infringing copy. • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law. • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use. You must sign this notification and send it to our Copyright Agent: Copyright Agent of 302.AI. Counter Notice In the event that you receive a notification from 302.AI stating content posted by you has been taken down, you may respond by filing a counter-notice. Your counter-notice must contain the following: • Your name, address, email and physical or electronic signature. • The notification reference number (if applicable). • Identification of the material and its location before it was removed. • A statement under penalty of perjury that the material was removed by mistake or misidentification. • Your consent to accept service of process from the party who submitted the takedown notice. Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice in accordance with the takedown notice instructions above.
You may cancel your Paid Subscription or your account at any time via contacting our customer support. Any refunds are subject to the refund terms contained in this Agreement. Please be aware that upon termination of your account, access to portions of our Platform may be become immediately disabled. We may terminate this Agreement with you if we determine that: (1) you have violated any applicable laws while using our Platform; (2) if you have violated this Agreement or as permitted by the Platform; or (3) if we believe that any of your actions may legally harm 302.AI or our business interests, at our sole decision or discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
This Agreement along with the Privacy Policy constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform and our Platform.
The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between you and 302.AI.
You agree to abide by our anti-abuse policies. If you become aware that any user is abusing our services please contact our customer support.
We do not control, and we are not responsible for, any data, content, services, or products (including software) that you access, download, receive or buy while using the Platform. We may, but do not have any obligation to, block information, transmissions or access to certain information, services, products or domains to protect the Platform, our network, the public or our users. We are not a publisher of third-party content accessed through the Platform and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Platform.
The Platform are not geographically limited; however, we make no representations or warranties that the Platform are appropriate for use or access in your location and jurisdiction. You access and use the Platform in your country on your own initiative and you solely are responsible for complying with your local laws and regulations, if and to the extent such laws are applicable. We reserve the right to limit, in our sole discretion, the availability of the Platform or any portion thereof, to any person, entity, geographic area, or jurisdiction, at any time.
If you are having trouble accessing or using the Platform, please contact our customer support.