AdsPower
AdsPower

Terms of Use

Welcome to use the products and services of SUNFLOWER TECH PTE. LTD. (i.e., the AdsPower service provider, referred to as "we" or "AdsPower"). This Terms of Use applies to all products and services provided to you by AdsPower through websites, software clients, and ​new forms emerging with technological advancements. Please be sure to carefully read and fully understand the terms of this agreement, especially the terms that exempt or limit relevant liabilities, and choose to accept or not accept them. Restrictions and disclaimers may be bolded in boldface to remind you. Unless you read and accept all the terms of this agreement, please do not download, install or use this software and related services. Your click to agree, download, install, use, log in, etc. will be deemed that you have read and agreed to the constraints of this agreement.


You legally agree that these terms hereunder are binding rules ("Terms"). You also agree that our privacy policy, cookie policy, payment verification policy, refund agreement, automatic renewal agreement and other policies announced by AdsPower from time to time constitute part of this agreement. We may change these terms from time to time. If we do so, we will notify you of any significant changes by posting on the website or sending you an email. If you continue to use the AdsPower software and services after the changes, it means that you accept the new terms. We reserve any and all rights not expressly granted in this Agreement, including but not limited to any and all rights in the AdsPower system.


Violation of any term of this Agreement will result in the termination of your account. You agree to use the AdsPower software and services at your own risk.


If you have entered into an agreement with us relating to the Services prior to or after accepting this Agreement (the “Offline Agreement”) and such Offline Agreement remains valid, in the event of any conflict between the Offline Agreement and this Agreement, the provisions of the Offline Agreement shall prevail. For any matters not covered by the Offline Agreement, the provisions of this Agreement shall apply.


AdsPower Services
We provide you virtual browsers configuration file Services, including creating, managing, sharing, and using various browser configuration files in one or several devices, and controlling the browser and device fingerprints by the application. Services are further described on our website.

We reserve the right to limit the sales of our Services to anyone, geographic area, or jurisdiction at our discretion. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any Services that we provide.


Eligibility and Acceptable Use

You must meet certain eligibility criteria to use AdsPower’s Services. You can browse the AdsPower website without registering an account. However, when registering an account, you must be at least 18 years old, or enough to sign a binding contract with us in accordance with the applicable laws where you live.

You are required to register in order to use AdsPower by selecting an account name and setting a password. Your information will be collected and disclosed in accordance with applicable data protection laws and our Privacy Policy. All users must provide true, accurate, and valid information when registering on our website or using our services. You must not use invalid or third-party email addresses.

We reserve the right to verify any user information and to refuse service to any user at our sole discretion. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You agree to promptly notify us of any unauthorized use of your account or any other breach of security. AdsPower shall not be liable for any loss or damage arising from the use of your password or account by others, whether with or without your knowledge. If you become aware of any unauthorized use of your account, please report it to support@adspower.net.

You must not use AdsPower software or services for any illegal or unauthorized purpose. When using the software, you shall not violate any laws applicable in your jurisdiction (including but not limited to copyright laws) or any other applicable legal requirements.


You agree that AdsPower may, in the course of providing services, send you advertisements, promotional materials, or marketing information (including both commercial and non-commercial information) either directly or through third-party advertisers via SMS, email, or other electronic means, provided that such communications comply with applicable data protection laws, including but not limited to the GDPR and the PDPA.

AdsPower will obtain your prior consent where required by applicable law and will provide you with a clear and simple mechanism to withdraw your consent or opt out of receiving such communications at any time. You acknowledge and agree that you shall exercise your own judgment in assessing the authenticity and reliability of any advertising information appearing in AdsPower’s services, and, unless expressly required by law, you shall be solely responsible for any transactions conducted based on such advertising information.


2. Prohibited Conduct

You shall comply with all applicable laws and regulations and shall not use AdsPower’s services or accounts to engage in, or facilitate others in engaging in, any of the following prohibited conduct:


(1) Acts that violate applicable laws relating to national security, public order, or other laws and regulations in the jurisdiction where you live or AdsPower is located;

(2) Distributing or transmitting violent, abusive, harassing, vulgar, terrorist, or otherwise unlawful content, or inciting others to commit crimes;

(3) Defaming, insulting, harassing, or otherwise infringing upon the lawful rights and interests of any individual or entity;

(4) Infringing upon the intellectual property rights, trade secrets, or other lawful rights of others;

(5) Using the AdsPower software to fabricate facts, conceal the truth, forge identities, or impersonate others to mislead or defraud users or third parties;

(6) Using the AdsPower software for fraud, scams, pyramid schemes, phishing, fake transactions, unlawful cash-out activities, money laundering, or any other unlawful or criminal activity;

(7) Inducing others to install malware, viruses, malicious plug-ins, or access malicious links through the software;

(8) Providing tools, accounts, traffic, or any other form of support to scammers or criminal organizations through the software;

(9) Removing or altering any rights management electronic information on the AdsPower software;

(10) Circumventing or destroying any technological measures implemented by AdsPower or its licensors to protect copyrights in the software;

(11) Deleting, modifying, adding to, or interfering with the functionality of any computer information system in violation of applicable laws, resulting in the system’s failure to operate normally;

(12) Accessing any computer network or using any computer network resources without authorization;

(13) Deleting, modifying, or adding to any functions of a computer network without authorization;

(14) Deleting, modifying, or adding to any data or application programs stored, processed, or transmitted in a computer network without authorization;

(15) Damaging the normal operation of the software or its website, or deliberately spreading viruses or other destructive programs;

(16) Engaging in any other conduct that endangers computer or network security;

(17) Engaging in any other conduct that violates public order, morality, or any applicable law or regulation.


You further undertake not to use any software, device, or technology (whether manual or automated) to “crawl,” “scrape,” or “spider” any part of AdsPower, nor to disassemble, reverse engineer, or otherwise attempt to access the source code of AdsPower, or launch malicious attacks or introduce harmful components that may compromise AdsPower or the rights of its users.

You acknowledge and agree that if you engage in any of the prohibited conduct described in this Agreement, or use AdsPower software or services for any illegal or unauthorized purpose, or otherwise breach this Agreement, AdsPower shall be entitled, in its reasonable discretion, to take enforcement measures, including but not limited to freezing your account, suspending account functions, taking appropriate legal action against the violating user, preserving relevant information in accordance with applicable laws, and reporting such matters to competent authorities. You shall be solely liable for all legal consequences arising therefrom.

You further agree that you shall be solely responsible for any claims, demands, or losses asserted by third parties arising from your breach of this Agreement or the relevant service terms. In the event that AdsPower suffers any loss or, pursuant to a final judgment or award, is required to assume liability in connection with your breach, AdsPower shall be entitled to seek full indemnification and recovery from you.



Subscription Plans

After installing the application and setting up an application account, you can choose a suitable standard subscription plan. The fees and features of each subscription plan are described on the "Pricing" page of our website at https://www.adspower.com/. The prices of all services (including but not limited to the monthly subscription fees for the software) are subject to change. Any changes to pricing will be published at https://www.adspower.com/ or within the software itself.

If you need a custom solution, please feel free to contact our customer support or send emal to support@adspower.com to get a custom subscription and further possibilities.


We reserve the right to change or terminate this service (or any part of it) at any time or periodically. AdsPower bears no liability to you or any third party for any modifications, price changes, suspension, or discontinuation of this service.



Free Trial, Subscription Renewal and Refund

Free Trial

We may offer a free trial subscription for each newly registered user to test our AdsPower application. The free trial subscription (if applicable) allows users to experience certain premium features free of charge for a specified period. The details of each trial period will be provided at the time you select the relevant offer.

By choosing the free trial subscription for AdsPower, you acknowledge and agree that the free trial automatically includes enrollment in the paid subscription for the corresponding plan and the applicable fees will be automatically deducted from your payment account.

You agree that we reserve the right, without prior notice, to modify or terminate any free trial offer, restrict access during the free trial period, or limit the number of simultaneous free trials allowed per user, and AdsPower assumes no liability in this regard.


Automatic Renewal and Refund

Users can renew their subscription within the AdsPower application. When you purchase any plan, it indicates your acceptance of our full Terms of Service. If there is no special reason, refunds will generally not be supported. AdsPower reserves the right to interpret and decide on any refund requests.

You may also choose to enable automatic renewal for AdsPower subscription plans. By enabling this, you authorize AdsPower to automatically deduct the applicable renewal fees from your payment account before the current subscription period ends, unless canceled in advance. To stop automatic renewal, you must cancel before the end of the current subscription term as specified in the Auto-Renewal Service Agreement.

To the extent permitted by law, AdsPower may adjust subscription prices. Users will be notified of any changes through a push notification or on the Pricing page of our website. If you do not agree to the new pricing, you may cancel automatic renewal before the change takes effect. Automatic renewal costs will generally not exceed the previous period’s price (excluding any promotional discounts) unless otherwise notified of a price change.


Disclaimer and Limitation of Liability

Technical Neutrality Statement: As a browser software, AdsPower provides you with technology-neutral services. Responsibility for technical security, security vulnerabilities and any problems caused by third-party extensions or technical service providers themselves lies with the third-party extension developers or technical service providers and AdsPower expressly disclaims all responsibility in this regard. AdsPower is not responsible for technical risks beyond reasonable foreseeability and control. In any case, our liability will not exceed the purchase price you paid for AdsPower within 12 months. This limitation of liability and disclaimer applies regardless of the purpose of your use of AdsPower (including but not limited to evaluation or for testing purposes).


Force Majeure Clause: AdsPower shall not be liable for any failure to perform, or delay in performing, any of its obligation if the failure or delay results from any circumstance beyond its reasonable control and is not substantially attributable to AdsPower (“Force Majeure Events”).

For the purposes of this clause 2, Force Majeure Events include (a) actions by governmental authorities; (b) war, hostilities (whether war be declared or not), invasion or act of foreign enemies; (c) rebellion, terrorism, revolution, insurrection, military or usurped power or civil war; (d) natural catastrophes such as fires, earthquake, hurricane, typhoon, volcanic activity, natural disaster, or outbreak of epidemic or pandemic; (e) attacks by threat actors (including but not limited to virus, hacking, denial of service, or other cyberattack); (f) technical changes in the telecommunications sector.

You understand and agree that AdsPower does not guarantee that the website or products containing the service will be error-free or uninterrupted, nor does it promise that the website or service or server is not affected by any malicious attack or harmful components. All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement. In particular, AdsPower makes no representations or warranties that the services provided are accurate, complete or useful. AdsPower does not guarantee that your use of the website or service is legal in any particular jurisdiction, and we specifically disclaim any such warranties. Any user who uses AdsPower in any way (including but not limited to evaluation or for testing purposes) shall bear the entire risk of the quality and performance of AdsPower. We shall not be liable for any damages of any kind, including but not limited to direct or indirect damages caused by the use, performance or delivery of AdsPower, even if AdsPower has been advised of the existence or possibility of such damages.


AdsPower shall not be liable for any damages, losses, or service interruptions arising from:

The server cannot be accessed (used) or data is lost due to user arrears, non-renewal, or forgotten renewal.

The server cannot be accessed (used) or data is lost due to improper user operations or other related behaviors.

Inaccessible or data loss due to user's website content or user behavior in violation of the user obligations of this Agreement.

Inaccessibility or data loss caused by Force Majeure Events or other disasters (including third-party distributed denial of service attacks, planned or unplanned maintenance).

Causes that are beyond our control and lead to a wide range of Internet transmission failures, such as disasters, man-made sabotage, war-induced telecommunication infrastructure failures, and large-scale network failures caused by hacker attacks.


1. We recommend that users regularly backup data for the sake of data security and the stable operation of the business. AdsPower is not obliged to provide any backup data to users.

2.

3. We don’t oversee what users are using the Services for. AdsPower isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services. When you use the Services, you release AdsPower from claims, damages, and demands of every kind—known or unknown, suspected or unsuspected, disclosed or undisclosed—arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.



Payment Method

We have a variety of options for you to choose to pay for the service. We accept PayPal, Alipay, WeChat, and other online or local payment methods in some countries.


Disclaimer of Third-party Websites

Any links to third-party websites from AdsPower Services do not imply endorsement by AdsPower of any product, service, information, or disclaimer presented therein, nor does AdsPower guarantee the accuracy of the information contained on them. If you suffer loss from using such third-party products and services, AdsPower will not be liable for such loss. In addition, since AdsPower has no control over the terms of use or privacy policies of third-party websites, you should read and understand those policies carefully.


Intellectual Property Rights

Ownership of Content and Software
All content, designs, text, graphics, images, logos, buttons, icons, interfaces, audio/video materials, and their arrangements (collectively, "Content") on AdsPower’s website or products are the ​exclusive property of AdsPower or its respective content providers, protected under applicable ​copyright laws and other intellectual property regulations. All software used on the website is the property of AdsPower or its software suppliers, safeguarded by applicable copyright laws, treaties, and related legislation. Users shall not upload/post any content that infringes others' copyrights or intellectual property rights.


Trademarks and Branding
All trademarks, service marks, and trade names (collectively, "Marks") displayed on AdsPower’s website or products are owned exclusively by AdsPower. These Marks may not be used:
(a) In connection with any non-AdsPower product/service;
(b) In any manner likely to cause confusion among users;
(c) To disparage or tarnish the reputation of AdsPower .



Choice of Law and Jurisdiction

This agreement is governed by the laws of Singapore without reference to its conflict of laws principles. Any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the Arbitration shall be Singapore. The Tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English. The law governing this arbitration agreement shall be the laws of Singapore.

The arbitration award is final and binding on both parties.



Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use and disclose your personal data.


Feedback

AdsPower owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as ”Feedback”) about AdsPower or AdsPower Services that you provide through email, AdsPower Services, or other ways. You hereby transfer all rights, ownership, and interests of the Feedback and all related intellectual property rights to AdsPower. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback. If the user wants to be paid for the feedback you provide or wants to continue to own or claim rights, then please do not send us feedback.

Contacts

If you have questions regarding these Terms, please feel free to contact AdsPower for clarification via our Customer Support team at support@adspower.com.

Change of this Terms of Use

AdsPower reserves the right to change the terms of service at any time. We encourage users to check this page frequently to keep abreast of the latest regulations. You acknowledge and agree that it is your responsibility to review these Terms of Services regularly and be aware of changes.

Company Name: SUNFLOWER TECH PTE. LTD.

Address: 3 PHILLIP STREET #10-04 ROYAL GROUP BUILDING SINGAPORE (048693)

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