Table of Contents

1. Scope of Application
2. Contract Formation
3. Right to Cancel
4. Prices and Payment Conditions
5. Delivery of Services
6. Granting Rights of Use & User Responsibilities
7. Service Operation and Infrastructure Disclaimer
8. Contract Duration and Contract Termination Regarding Subscription Contracts
9. Reservation of Rights for Digital Services
10. Warranty
11. Service Quality and Maintenance
12. Redemption of Campaign Vouchers
13. Applicable Law
14. Place of Jurisdiction
15. Alternative dispute resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Kulka & Vogel GbR (hereinafter referred to as the “Provider”, or “ProxyBlocks”) govern all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Provider relating to all services and digital content presented on the Provider’s website and online platform. The inclusion of the Client’s own conditions is hereby objected to, unless other terms have been expressly agreed upon.

1.2 The Provider may offer its services under different product names and brands, including but not limited to “ProxyBlocks” (shop/online platform) and “MobilePortal” (proxy infrastructure platform, dashboards and APIs). Unless expressly stated otherwise, the contracting party for all services is Kulka & Vogel GbR.

1.3 These GTC specifically apply to the provision of digital services, including but not limited to, access to mobile 5G proxies, as well as any related software, dashboards, APIs, or digital content provided by the Provider. Digital content within the meaning of these GTC is data that is created and provided in digital form, accessible via the Client’s account, customer portal, dashboard, or API access provided by the Provider.

1.4 For contracts regarding the provision of access to digital services, such as Shared Proxy or Dedicated Proxy access, these GTC shall apply accordingly, unless expressly agreed otherwise.

1.5 A consumer pursuant to these GTC is any natural person concluding a legal transaction for purposes that predominantly are outside his trade, business, or profession..

1.6 A trader pursuant to these GTC is any natural or legal person or a partnership with legal personality who, when concluding a legal transaction, acts in exercise of his or its trade, business, or profession.

1.7 The object of the contract may include access to digital services provided by the Provider, such as mobile 5G proxy services, which can be obtained through various subscription models or as a one-time purchase, according to the specific product description and service agreement. The Provider commits to supply the Client with the contracted digital services for the duration of the agreed contract period, including any necessary access credentials, access keys, customer portal/dashboard access, API access, or digital content, in accordance with the terms specified in the service description and at the intervals agreed upon, if applicable.

1.8 The Provider may operate and deliver the Services through different technical systems and platforms (e.g., a legacy platform and/or the MobilePortal platform). Depending on the specific product purchased, the Client may receive access through one or more portals/dashboards and/or APIs. The Provider may change or migrate the technical implementation (including endpoints, dashboards, and access methods) provided that the agreed Services remain materially equivalent in their functional characteristics (such as type, location country, and performance), whereby the specific mobile network operator or carrier is not itself a defining element of equivalence.

1.9 For partners participating in our Affiliate Program, specific General Terms and Conditions apply. These detailed terms outline the operational framework, rights, and obligations of Affiliate Program participation. To review these terms, please visit ProxyBlocks Affiliate Program Terms and Conditions.

1.10 ProxyBlocks reserves the right to modify or amend these GTC at any time to reflect changes in legal regulations, our services, or business practices. Such changes will be communicated to existing Clients via email or through a prominent notification on our website. Continued use of ProxyBlocks’ services after such modifications will constitute acknowledgment and acceptance of the revised terms.

2) Contract Formation

2.1 The service descriptions on the Provider’s website do not constitute binding offers on the part of the Provider, but are intended to solicit a binding offer from the Client.

2.2 The Client may submit their offer through the online order form integrated into the Provider’s website. By selecting the desired digital services and/or content, moving them to the virtual basket, completing the ordering process, and clicking the button to finalize the order, the Client submits a legally binding contract offer for the services and/or content contained in the basket.

2.3 The Provider may accept the Client’s offer within five days by,

• Sending a written order confirmation or an order confirmation in text form (e.g., email); the receipt of which by the Client is decisive, or
• Requesting payment from the Client after the order has been placed.

If more than one of the aforementioned conditions is met, the contract will be concluded at the time the first of these conditions occurs. If the Provider does not accept the Client’s offer within the specified period, this shall be deemed a rejection of the offer, releasing the Client from their intent to enter into a contract.

2.4 If a payment method offered by PayPal is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full?locale.x=en_DE or, if the Client does not have a PayPal account, subject to the Terms for payments without a PayPal account, available at https://www.paypal.com/uk/webapps/mpp/ua/privacywax-full. If the Client pays by means of a method of payment offered by PayPal which can be selected in the online order process, the Provider hereby declares the acceptance of the Client’s offer at the time when the Client clicks on the button concluding the order process.

2.5 Upon the conclusion of the contract, the text of the contract is saved by the Provider and sent to the Client in text form (e.g., email). The Provider may not provide further access to the contract text beyond this point. If the Client has created an account on the Provider’s website, the order details will be stored on the website and can be accessed by the Client through their secure user account by entering their login information, at no extra charge.

2.6 Before submitting a binding offer via the Provider’s online order form, the Client may identify and correct input errors by carefully reading the information displayed on the screen. The Client may correct any entered data using the usual keyboard and mouse functions at any point in the electronic ordering process, up until the final submission of the order.

2.7 Only the English language is available for the conclusion of the contract.

2.8 Order processing and communication usually occur via email and automated order processing systems. The Client is responsible for ensuring that the email address provided for order processing is accurate, enabling the receipt of emails sent by the Provider. This includes ensuring, especially when using SPAM filters, that all emails sent by the Provider or by third parties commissioned for order processing can be delivered.

2.9 The Client is obliged to provide complete and accurate information during the ordering process, including but not limited to billing details, payment information, and contact details. ProxyBlocks reserves the right to cancel or suspend the Client’s order if false or misleading information is provided. The Client is responsible for ensuring that all information submitted during the ordering process remains up to date and accurate throughout the contract period.

3) Right to Cancel

3.1 Due to the instant nature of the digital services and content provided by ProxyBlocks, including access to mobile 5G proxies, the right to cancel the contract within fourteen days does not apply once the service is activated or the digital content is accessed. Activation of the service or access to the digital content is considered the beginning of the contract execution, at which point the consumer expressly agrees to the immediate commencement of the contract execution and acknowledges that this consent results in the loss of the right to cancel the contract.

3.2 Consumers will be required to confirm their understanding and agreement that the right to cancel the contract will be lost upon the immediate provision of the service or access to digital content before the completion of the purchase process. This is to ensure that consumers are fully aware of the terms of the contract regarding the waiver of the right to cancel due to the nature of digital services provided.

3.3 If the service has not yet been activated or the digital content has not been accessed, consumers retain the right to cancel the contract within fourteen days from the date of contract conclusion without giving any reason. In such cases, consumers must inform ProxyBlocks of their decision to cancel the contract by a clear statement using the provided contact details.

Special Note: This clause does not affect any statutory rights under applicable consumer protection laws but clarifies the limitations of the right to cancel in relation to the specific nature of digital content and services provided by ProxyBlocks.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in ProxyBlocks’ service description, the prices indicated are total prices, including statutory sales tax. Any additional delivery costs or service fees will be clearly indicated in the respective service description.

4.2 Cryptocurrency payments are final and irreversible by their technical nature. Due to limitations of the payment infrastructure used by ProxyBlocks and for compliance and fraud-prevention reasons, ProxyBlocks does not process refunds by sending cryptocurrency to a wallet address. Where ProxyBlocks voluntarily grants compensation, a refund, or a goodwill adjustment in connection with a cryptocurrency payment, such compensation will generally be provided as an account credit, service credit, or voucher code redeemable for future purchases. Where a monetary reimbursement is required by mandatory statutory law, ProxyBlocks will process the reimbursement using an appropriate lawful alternative method to be agreed with the Client. ProxyBlocks may require reasonable verification of the Client’s identity, the original transaction, and the reimbursement details before processing such reimbursement. Any monetary reimbursement may be limited to the EUR value of the original transaction at the time of payment. Blockchain fees, network fees, exchange fees, and payment processor fees are non-refundable to the extent permitted by law.

5) Delivery of Services

5.1 The provision of digital services by ProxyBlocks will occur within the specified area of service availability to the digital address or account specified by the Client, unless otherwise agreed. For the processing of the transaction, the digital address or account specified in ProxyBlocks’ order processing shall be decisive.

5.2 In the event that a Client is unable to receive the digital service due to providing incorrect information or circumstances beyond ProxyBlocks’ control, no costs will be charged to the Client for the unsuccessful delivery attempt. This does not apply if the Client has effectively exercised their right to cancel, or if the inability to receive the service was due to circumstances beyond the Client’s control or if they were temporarily impeded from receiving the service, provided that ProxyBlocks had notified the Client of the service well in advance.

5.3 Due to the nature of the services provided, personal collection or physical delivery is not applicable.

5.4 Digital services will be provided to the Client exclusively in electronic form as follows:

• By direct access via ProxyBlocks’ website or user portal,
  including any customer dashboard or portal provided under the “MobilePortal” brand.
• By email, including access credentials or links to the digital content.

5.5 The Client acknowledges that the Services may depend on third-party infrastructure and upstream resources, including but not limited to network operators, telecommunications carriers, data centers, IP resource providers, platform providers, technical partners, payment providers and other suppliers. ProxyBlocks may change, replace, restrict, migrate or discontinue individual endpoints, routing paths, locations, protocols, network resources, IP ranges, providers or access methods where this is necessary for operational, legal, compliance, security or availability reasons, provided that ProxyBlocks makes reasonable efforts to provide a materially equivalent service where reasonably possible. If a Service or a material part thereof becomes unavailable due to circumstances outside ProxyBlocks’ reasonable control, including restrictions, suspensions, terminations, outages or other measures by third-party infrastructure providers or authorities, ProxyBlocks may offer a suitable alternative, service period extension, account credit, service credit or refund at its reasonable discretion, subject to mandatory statutory rights. Where a Service is described or marketed in connection with a specific mobile network operator or carrier, such reference describes the routing configuration at the time of provision only and does not constitute a guaranteed or permanent characteristic of the Service. ProxyBlocks may substitute a different mobile network operator or carrier of materially equivalent quality where necessary for operational, legal, compliance, security or availability reasons, and such substitution shall not constitute a defect.

6) Granting Rights of Use & User Responsibilities

6.1 Unless otherwise stipulated in the description of services on ProxyBlocks’ website, the Client is granted a non-exclusive, geographically and temporally unlimited right to use the provided services for private and professional purposes, in compliance with legal and regulatory frameworks.

6.2 The Client may use the services provided by ProxyBlocks, including the mobile proxies, strictly for their own personal or professional use. Sharing, reselling, or otherwise providing access to the proxies to third parties, as well as reproducing or distributing the digital content in any form without the explicit consent of ProxyBlocks, is strictly prohibited, unless expressly permitted by ProxyBlocks in writing (e.g., under a separate reseller/seller agreement).

The Client is responsible for ensuring the security and confidentiality of their account credentials and any access credentials/access keys (e.g., proxy keys, user keys, API keys) required to access the services, dashboards, portals, and/or APIs. Any actions performed using the Client’s access credentials/access keys are deemed to have been performed by the Client, unless the Client proves that the misuse is not attributable to them.

6.3 The rights granted herein shall become effective only when the Client has fully paid the contractually owed remuneration. ProxyBlocks may also provide provisional permission to use the contractual services before this payment is complete. Such provisional authorization does not constitute a transfer of rights.

6.4 The Client agrees to use the ProxyBlocks services, including the 5G proxies, in a lawful manner and in compliance with all applicable laws and regulations. The Client is fully responsible for ensuring that the proxies and services are used properly and only for legal purposes. This includes, but is not limited to, refraining from using the services for illegal activities such as hacking, accessing or distributing illegal content, or engaging in activities that violate privacy rights or intellectual property laws. The Client is also responsible for monitoring their use of the services to ensure that no unauthorized or harmful activities occur.

6.5 Moreover, users are strictly prohibited from using the Service in any manner that could disrupt its functionality. This encompasses activities that could unreasonably burden the Service’s infrastructure or disrupt its operation in any disruptive manner.

6.6 ProxyBlocks may temporarily suspend, restrict or terminate access to the Services where there are reasonable grounds to suspect that the Services are being used in an illegal, fraudulent, abusive, harmful or contractually prohibited manner, or where continued operation may create material security, compliance, reputational or infrastructure risks. Such measures may also be taken where ProxyBlocks receives material abuse complaints, reports from upstream providers, platform operators, network operators, authorities or other third parties, or where traffic patterns, account activity or technical indicators reasonably suggest misuse or a breach of these GTC. Where reasonably possible and appropriate, ProxyBlocks may request additional information from the Client or allow the Client an opportunity to clarify or remedy the issue. ProxyBlocks may suspend access immediately where this is necessary to prevent ongoing harm, comply with legal obligations, protect third-party infrastructure or reduce material risk.

6.7 To the extent necessary for the operation, security, stability, troubleshooting, fraud prevention, abuse detection, compliance and enforcement of these GTC, ProxyBlocks may collect, process, analyze and retain technical usage data and metadata relating to the use of the Services. ProxyBlocks does not guarantee that all activity is logged or that logs are complete. Logging and monitoring are carried out only to the extent reasonably necessary for the purposes described above and in accordance with applicable data protection laws.

6.8 ProxyBlocks may cooperate with competent authorities, law enforcement agencies, courts, regulatory bodies, upstream providers and other authorized third parties where required by law or where reasonably necessary to investigate suspected illegal, fraudulent, abusive or harmful use of the Services. Where legally required or reasonably necessary in connection with an investigation, legal claim, compliance matter or security incident, ProxyBlocks may preserve relevant technical data, metadata, account information and communications for the duration necessary to assess the matter, comply with legal obligations or respond to lawful requests.

7) Service Operation and Infrastructure Disclaimer

7.1 ProxyBlocks maintains exclusive operational control over all SIM cards, mobile devices, and network hardware, whether operated directly or through authorized technical partners, including where Services are delivered via the MobilePortal platform. Clients shall not receive direct access to hardware; Services are provided exclusively through software-based proxy interfaces, portals/dashboards and/or APIs.

7.2 ProxyBlocks operates as an independent service provider and maintains no affiliation, partnership, agency relationship, or resale agreement with any internet service providers, mobile network operators, or telecommunications carriers mentioned in connection with the Services. Any reference to specific networks or providers is for informational purposes only regarding connectivity routing and does not constitute a warranted characteristic; ProxyBlocks may route the Service via any suitable mobile network at its discretion.

7.3 ProxyBlocks does not engage in telecommunications resale. The Services constitute digital proxy and IT routing services only, not telecommunications services or telecommunications resale under applicable law.

7.4 ProxyBlocks implements appropriate technical measures to ensure compliance with this Service Operation Disclaimer across all directly operated and partner-managed infrastructure, including but not limited to:

• Session-based access controls that prevent direct hardware manipulation
• Automated systems that maintain exclusive operational control
• Security protocols that restrict customer access to underlying infrastructure
• Standardized operational procedures ensuring consistent service delivery across all locations

7.5 By accepting these Terms and Conditions, the Client explicitly acknowledges and agrees that:

• They understand the nature of the Services as proxy routing only
• They waive any claims to direct access to physical telecommunications infrastructure
• They accept that ProxyBlocks operates independently from underlying network providers
• They will not attempt to circumvent the technical limitations described in this section

7.6 Any attempt by the Client to gain unauthorized access to SIM cards, devices, or network hardware, or to establish direct relationships with underlying telecommunications providers mentioned in connection with the Services, shall constitute a material breach of these Terms and Conditions, resulting in immediate termination of Services without refund.

8) Contract Duration and Contract Termination Regarding Subscription Contracts

8.1 Subscription contracts with ProxyBlocks are limited in time. The specific contract term is indicated in the respective product or service description on ProxyBlocks’ website. Subscription contracts automatically terminate upon the expiry of the contracted period without the need for explicit termination.

8.2 The right to terminate the contract immediately for significant reasons remains unaffected. A significant reason exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, it is unreasonable to expect the terminating party to continue the contract until the agreed end or until the expiry of a termination notice period. This includes, but is not limited to, misuse of services for illegal activities, breach of contractual use policies, failure to comply with payment obligations, material abuse complaints, security risks, excessive or harmful traffic, or circumstances affecting third-party infrastructure, upstream providers, network operators, telecommunications carriers, data centers, technical partners or authorities that make continued provision of the Service impossible, materially impaired, legally risky, or commercially unreasonable.

8.3 Any notices of termination must be submitted in writing or in a text form (e.g., via email) to ensure clear communication. ProxyBlocks reserves the right to require additional verification to process the termination if necessary to protect the account and services from unauthorized access or fraudulent termination requests.

8.4 In the case of termination for a significant reason attributable to the Client, ProxyBlocks reserves the right to claim compensation for any resulting damage or loss, unless the Client is not responsible for the reason leading to termination. In such cases, the Client shall not be entitled to any refund, service credit, account credit or extension for the remaining contract period, unless mandatory statutory law provides otherwise.

9) Reservation of Rights for Digital Services

ProxyBlocks retains all rights to the digital services provided, including any associated content and digital resources, until the payment owed by the Client has been received in full. This includes the right to revoke access to the digital services and content if the Client fails to meet their payment obligations in accordance with the agreed terms.

Access to the digital services is conditional upon the full payment of the agreed-upon price by the Client. Until payment is received in full, the Client is granted a provisional, non-exclusive right to use the services for the intended purpose under these General Terms and Conditions. This provisional right does not constitute a transfer of ownership or any permanent rights to the digital services or content provided by ProxyBlocks.

In the event of any unauthorized use of the digital services or content beyond the scope of the provisional right granted, or if payment is not received in full, ProxyBlocks reserves the right to take appropriate legal action to protect its intellectual property and to terminate the services and access rights immediately without notice.

10) Warranty

10.1 Unless expressly agreed otherwise, the statutory liability for defects shall apply to the provision of digital services by ProxyBlocks. The following modifications apply:

10.2 ProxyBlocks commits to providing services substantially in accordance with the service descriptions available on the website at the time of the Client’s order. In the event of a defect, material unavailability or service disruption, ProxyBlocks shall be given a reasonable opportunity to investigate and, where feasible, correct the issue, provide a workaround, migrate the Service, provide alternative access, extend the affected service period, or issue account credit or service credit. The Client may request a price reduction, terminate the contract, or request a monetary refund only where ProxyBlocks is unable to provide an appropriate remedy within a reasonable period of time, or where mandatory statutory law provides such rights.

10.3 The above provisions do not limit or exclude mandatory statutory rights, including consumer rights, claims for damages and reimbursement of expenses where liability cannot be excluded by law, cases where ProxyBlocks has fraudulently concealed a defect, or rights in relation to digital content or services that fail to conform with the contract for reasons attributable to ProxyBlocks.

10.4 Furthermore, for Clients acting as traders, statutory limitation periods for any statutory right of recourse that may exist remain unaffected.

10.5 If the Client is a business as defined by the German Commercial Code (HGB), they are obliged to examine the provided services promptly upon receipt and notify ProxyBlocks of any defects in accordance with section 377 HGB. Failure to comply with this obligation to examine and report defects means that the service is considered as approved, unless the defect was not identifiable during the initial examination.

10.6 Since ProxyBlocks provides digital services, notifications of transport damages are not applicable. However, Clients are encouraged to report any issues with accessing or utilizing the services promptly so that ProxyBlocks can address these issues.

11) Service Quality and Maintenance

11.1 ProxyBlocks strives to provide a high-quality service with minimal disruptions. Unless expressly agreed otherwise in a separate written service level agreement, any availability figures, uptime statements or performance descriptions are service objectives and do not constitute guarantees.

11.2 If a paid Service is materially unavailable for reasons attributable to ProxyBlocks, the Client may request compensation in the form of replacement access, extension of the affected service period, account credit or service credit. To the extent permitted by law, cash refunds are not granted automatically and are only available where required by mandatory statutory law or expressly approved by ProxyBlocks. For time-limited Services, verified downtime may be compensated by extending the affected Service for the verified unavailable period or by issuing equivalent account credit.

11.3 No replacement access, service period extension, account credit, service credit or refund shall be owed for unavailability, degraded performance or interruptions caused by scheduled maintenance, emergency maintenance, Client-side systems or configurations, incorrect Client information, payment issues, Client misuse, breaches of these GTC or applicable use policies, excessive or harmful traffic, force majeure, third-party platforms, upstream providers, network operators, telecommunications carriers, data centers, IP resource providers, registries, technical partners, authorities, or other circumstances outside ProxyBlocks’ reasonable control, unless mandatory statutory law provides otherwise.

11.4 To request compensation for verified downtime, the Client must notify ProxyBlocks within seven days after the end of the affected period and provide reasonable information enabling ProxyBlocks to verify the claim, including the affected service, account, order number, time period and observed issue. Failure to provide such notice within this period may result in the claim being rejected, unless mandatory law provides otherwise.

11.5 Service credits, account credits, replacement access or service period extensions are the Client’s sole contractual remedy for availability shortfalls, downtime or degraded performance to the extent permitted by law. Mandatory statutory rights, especially of consumers, remain unaffected.

12) Redemption of Campaign Vouchers

12.1 Vouchers issued by ProxyBlocks free of charge, within a specified validity period as part of promotional activities, and which cannot be purchased by the Client (hereinafter referred to as “campaign vouchers”), can only be redeemed on ProxyBlocks’ website and within the indicated time period.

12.2 Certain services may be excluded from the voucher campaign if such a restriction is specified in the terms of the campaign voucher.

12.3 Only one campaign voucher can be redeemed per order.

12.4 The value of the services ordered should at least equal the amount of the campaign voucher. ProxyBlocks will not issue refunds for any balance remaining.

12.5 If the campaign voucher’s value does not cover the order’s total, the Client may select one of the available payment methods offered by ProxyBlocks to cover the difference.

12.6 The campaign voucher credit will not be redeemed for cash and is not subject to any interest.

12.7 The campaign voucher will not be reimbursed if the Client returns the service accessed using the campaign voucher, in accordance with the legal right to cancel, where applicable.

12.8 Campaign vouchers are intended for use only by the person named on the voucher. Transferring the campaign voucher to a third party is not permitted. ProxyBlocks is entitled, but not obliged, to verify the identity of the voucher holder.

13) Applicable Law

All legal relationships between ProxyBlocks and the Client shall be governed exclusively by the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. Furthermore, the Client agrees that no legal claims shall be brought under the jurisdiction or legal framework of the United States of America or Canada. All legal relationships shall exclusively fall under the laws of the Federal Republic of Germany. The application of foreign legal systems, particularly those of the United States or Canada, is expressly excluded. The Client expressly waives any rights or claims that may arise under those jurisdictions, including but not limited to consumer protection laws, export control regulations, and punitive damages.

14) Place of Jurisdiction

The exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be the registered office of ProxyBlocks in Germany, provided that the Client is a merchant, a legal entity of public law, or a special fund under public law.

15) Alternative Dispute Resolution

15.1 The European Commission provides a platform for online dispute resolution (ODR), accessible via https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for the extrajudicial resolution of disputes arising from online contracts for sales and services between consumers and companies.

15.2 While ProxyBlocks is not legally obligated to participate in dispute resolution proceedings before a consumer arbitration board, we are fundamentally open to participating in an amicable settlement procedure via alternative dispute resolution (ADR) mechanisms with consumers.