Terms of Service
1. Scope and Acceptance
These terms govern the contract between you and Luis Scharf, trading as BirdProxies, Waldstraße 81, 65451 Kelsterbach, Germany. By creating an account or placing an order you accept them.
We contract with consumers and with businesses. Where a section applies to only one of the two, it says so. You must be at least 18 years old to enter into a contract with us.
2. Services Provided
BirdProxies provides proxy services, currently:
- •ISP proxies: static dedicated IPs with ISP classification
- •Residential proxies: rotating and sticky residential IPs with global coverage
- •Mobile proxies: mobile carrier IPs in selected countries
- •Sub-user management: create and manage separate proxy accounts under your plan
We aim for high availability but do not promise uninterrupted service. We also cannot promise that any particular third-party website will accept our IPs. Websites choose for themselves whom to block, and that is outside our control.
3. How a contract is formed
Presenting our plans on the website is an invitation to order, not a binding offer. Your order is the offer. The contract comes into effect when we confirm it or when we provision the service, whichever happens first.
The contract text is stored on our systems and the essential details are sent to you by email. Contracts can be concluded in English or German.
4. Acceptable Use Policy
You agree not to use our proxies for:
- Any illegal activity under German, EU or applicable local law
- Fraud, phishing or other deception
- Spam, harassment or abuse
- Denial-of-service attacks or any disruption of networks
- Distributing malware
- Infringing copyright or other intellectual property rights
- Accessing systems you are not authorised to access
- Reselling or sublicensing the service to third parties without our prior written consent
Where we have concrete indications of a serious breach we may suspend access temporarily while we look into it, and terminate the contract if the breach is confirmed. We will tell you why.
5. Payment, Billing and Renewal
Payment methods
Card payments are processed by Stripe. Cryptocurrency payments are processed by NOWPayments.
Prices
All prices include German VAT where applicable. Business customers with a valid VAT ID inside the EU may be invoiced under the reverse-charge procedure.
Renewal and cancellation
- • Subscriptions renew automatically for the same period unless cancelled
- • You can cancel at any time in your dashboard or by email, with no notice period
- • Cancelling stops the next renewal; the period you have already paid for runs to its end
- • Cancelling is not the same as withdrawing. See section 6
Price changes
We will give you at least 30 days notice by email before a price change takes effect. If you do not accept it you may cancel before it applies.
6. Right of Withdrawal and Refunds
If you are a consumer you have a statutory right to withdraw from the contract within 14 days without giving any reason.
The full instruction, the circumstances in which the right ends early for digital services, and the model withdrawal form are set out in our Withdrawal & Refund Policy, which forms part of these terms.
Nothing in these terms shortens or removes that right. Where any clause here conflicts with your statutory rights, your statutory rights apply.
7. Your Account
You are responsible for:
- • Keeping your credentials confidential
- • Activity that takes place under your account
- • Telling us promptly if you suspect unauthorised access
- • Not passing your proxies to third parties without our written consent
If your credentials are misused through no fault of yours, tell us and we will rotate them. You are not expected to carry losses caused by a security failure on our side.
8. Defects
If the service does not work as agreed, the statutory rules on defects apply. Tell us and we will fix it, replace the affected IPs, or, where that fails, refund the affected part of the fee.
- Dead or unreachable IPs are swapped at no charge
- An IP delivered in the wrong country is replaced
9. Liability
We are liable without limitation for damage arising from injury to life, body or health, for intent and gross negligence, for fraudulently concealed defects, and under the German Product Liability Act.
For slight negligence we are liable only where we breach an obligation whose fulfilment is essential to the proper performance of the contract and on which you may reasonably rely. In that case liability is limited to the damage that is foreseeable and typical for this kind of contract.
Liability for loss of data is limited to the effort required to restore it, provided you kept backups appropriate to the value of the data.
Any further liability is excluded. We are not responsible for what third parties do with a proxy you have obtained from us and then passed on, nor for decisions taken by third-party websites about which traffic they accept.
10. Term and Termination
By you: at any time in your dashboard or by email, effective at the end of the current period.
By us: we may terminate for good cause, in particular a serious breach of section 4. We will tell you the reason.
On termination, access ends at the end of the paid period, or immediately in the case of a serious breach. Account data is deleted after 30 days, except where we are required to keep it for tax or accounting purposes.
11. Privacy
How we handle personal data, on what legal basis, for how long, and who receives it is set out in our Privacy Policy.
We do not inspect the content of the traffic you route through the service beyond what is technically necessary to deliver it.
12. Governing Law and Jurisdiction
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
Consumers: this choice of law does not deprive you of the protection of mandatory provisions of the law of the country in which you are habitually resident, and you may bring proceedings in your own courts.
Businesses: the exclusive place of jurisdiction for all disputes arising from this contract is Frankfurt am Main, Germany.
13. Changes to these Terms
We may update these terms. We will notify you by email at least 30 days before a change takes effect. If you do not agree you may cancel before that date; if you do not cancel, the change is deemed accepted. We will point this out in the notice.
14. Contact
Email: [email protected]
Post: Luis Scharf, Waldstraße 81, 65451 Kelsterbach, Germany
Discord: open a ticket in our server
Live chat on the website and Discord tickets are the fastest routes.