OXYLABS AI STUDIO TERMS OF SERVICE

These Oxylabs AI Studio Terms of Service govern the provision, maintenance and use of Oxylabs AI Studio Services (”Services”), as well as the dashboard in which the Services are provided (“Dashboard”). The Services and the Dashboard are offered by oxylabs, UAB a Lithuanian corporation, registered at Švitrigailos str. 32, Vilnius, Lithuania (hereinafter – “Oxylabs”, “our”, “we” or “us”). These Oxylabs AI Studio Terms of Service together with other documents set out in Section 1 together constitute a legally binding agreement for the provision, maintenance and use of the Services and the Dashboard (“Agreement”).

By registering on the Dashboard or starting to use the Services, you, an organization / natural person, whose requisites / personal details are provided to us when signing up or creating an account (hereinafter – “Customer”, “you” or “your”), agree to be bound by the Agreement and its terms.

If you are entering into the Agreement on behalf of a company, organization or another legal entity, you are agreeing to this Agreement on that entity’s behalf and representing to Oxylabs that you have the authority to bind such entity to this Agreement, in which case the terms “Customer” or “you” will refer to such entity. If you do not have such authority, or if you do not agree with the terms of the Agreement, you must not accept the Agreement and must not register on the Dashboard, use the Services or pay for the Services. You acknowledge and agree that the Services are intended for professional activities, and therefore, consumer laws are not intended to be applicable. 

If you are entering into the Agreement as a natural person, you are representing to Oxylabs that you are at least eighteen (18) years old. Registration and use of the Services by users under eighteen (18) years old is not authorized by Oxylabs.

Without our written consent you may not access the Dashboard or the Services for purposes of monitoring their availability, performance or functionality or for any other competitive purposes.

Oxylabs may amend this Agreement from time to time. If Oxylabs materially changes this Agreement, it shall post an amended version on the website and send a relevant notice to the Customer. Such amendment will become effective 14 days after such notice. In case you will not accept such amendment, you may terminate the Agreement by deleting your account on the Dashboard before the end of this 14 days period.

The Agreement becomes effective between Oxylabs and you as of the moment you register on the Dashboard or start to use the Services.

1. Documents and subject matter of the Agreement

1.1. This Agreement for Oxylabs Services consists of these documents:

1.1.1. These Oxylabs AI Studio Terms of Service;

1.1.2. Acceptable Use Policy.

1.1.3. Data Processing Agreement.

1.2. Oxylabs AI Studio Terms of Service – part of the Agreement that establishes general rights and obligations of the parties when using the Dashboard and the Services, liability and other general clauses.

1.3. Acceptable Use Policy - part of the Agreement that establishes activities that the Customer is prohibited from undertaking while using the Services, as well as the actions/remedies that may be taken by Oxylabs in case of a breach of the Acceptable Use Policy by the Customer.
1.4. Data Processing Agreement (hereinafter – “DPA”) - DPA forms an inseparable part of the Agreement, establishing provisions that govern and are applied to the data processing relationship of the Customer and Oxylabs when the Customer uses the Services to process personal data. These provisions inter alia describe the Customer’s data processing instructions, and rights and obligations of the parties related to processing of personal data. DPA is not separately signed but is considered accepted as an inseparable part of the Agreement by the Customer signing up for the Services.

1.5. The Agreement (and related documents) is not separately signed but is considered to be accepted by the Customer registering on the Dashboard or starting to use the Services. After starting to use the Services, you may find the latest version of the Agreement in the Dashboard. 

1.6. The subject matter of this Agreement is the provision of Oxylabs AI Studio Services –  Artificial Intelligence (hereinafter – “AI”) driven tools that, subject to the terms of this Agreement, enable Customers to collect publicly available information. Oxy AI Studio Services contain the following tools:

1.6.1. AI-powered scraping services (including ai-crawler, ai-scraper, etc.) that allow the Customer to input URLs and natural language prompts to receive results from the provided URLs.

1.6.2. AI-powered browser type services (including browser-agent, etc.), that allow the Customer to navigate the web through a browser-like interface using natural language prompts in toceive results from the selected target websites accessed by the Customer.

2. Provision of Services

2.1. Oxylabs may employ subcontractors in the provision of Services. Oxylabs shall remain responsible and liable for subcontractor’s, that Oxylabs is affiliated with or has direct control over, acts and omissions related to this Agreement.

2.2. Oxylabs may provide information on the usage of the Services by the Customer within the Dashboard. Such information may include information on the amount of sent requests or information on the Customer’s used and remaining Tokens (Tokens are usage credits, certain amount of which are provided to the Customer upon starting to use the Services. Use of the Services uses the Customer’s remaining Tokens. Each use of the Services by the Customer may use up different amounts of Tokens, which are calculated by Oxylabs in its sole discretion based on each usage’s cost, consisting of Oxylabs’ resources and internal infrastructure costs, as well as the costs of Third Party AI integrated into the Services.

2.2.1. The Customer agrees that in case of discrepancies between the Services usage information provided by Oxylabs within the Dashboard and any Services usage information that the Customer may possess internally or obtain from any third party, the information provided within the Dashboard shall be considered to be prevailing, accurate, final and undisputable. 

2.2.2. The Customer agrees that any Services usage information that the Customer possesses internally or receives from any third party may not be used as the basis of or in support of any claim or complaint regarding the provision of Services to the Customer by Oxylabs.

3. Generative AI Features and Third-Party Components

3.1. The Services incorporate certain third-party AI Large Language Models (hereinafter – “Third Party AI”), allowing the Customer to operate the Services by inputting natural language prompts/instructions requests (hereinafter – “Prompts”). The providers of Third Party AI models incorporated into our Services are:

            3.1.1. OpenAI (ChatGPT models);

            3.1.2. Google (Gemini).

3.2. By using the Services, you acknowledge and agree that: a) you bear sole responsibility and risk with regards to Prompts that you provide while using the Services, as well as with respect to any results (hereinafter – “Results”) that the Services may provide or generate as a result of your Prompts (including, but not limited to the utilization and further use of such results by you as well as their compliance with applicable laws, including any intellectual property and privacy laws); b) any Results provided or generated by the Services may not be unique or exclusive and the Services may generate similar results for other customers using the Services; c) any Results provided or generated by the Services may not be original works free from third-party intellectual property rights; d) the Services or any results provided or generated by the Services might not be accurate, always available or suitable for a specific purpose and might not meet your expectations or requirements you might have when inputting any Prompts; e) the Services and any Results may not always be accurate or available; f) you will not use the Services to generate or input any Results that  violate any applicable laws, third-party rights or provisions of this Agreement, including the Acceptable Use Policy (this may include, but is not limited to Prompts or Results related to terrorism, illegal drugs, human trafficking, child sexual abuse material, weapons, fraud, identity theft, phishing, scams, harassment, bullying, self-harm, hate speech, defamation, malware, spyware, ransomware, DDoS attacks, or others deemed to be inappropriate by Oxylabs in its’ sole discretion); g) you will not use the Services in an abusive way, including but not limited to  usage that circumvents or attempts to circumvent any technical or other limits/barriers/restrictions set out on the Services or any of incorporated Third Party AI.

3.3. The use Third Party AI incorporated into the Services may be subject to certain terms of use or other license agreements (hereinafter – “Third Party Terms”). By using the Services, you acknowledge and agree that you are solely responsible that your use of the Services will be compliant and will not breach any such Third Party Terms. You also agree and understand that all Prompts that you input into the Services, as well as the Results received from using the Services may be accessed by such Third Party AI providers according to the Third Party Terms. Oxylabs disclaims any and all responsibility for any information that you may share with the Third Party AI providers this way. We advise you to read the applicable Third Party Terms before starting to use the Services.

3.4. Oxylabs does not own or make any representations or warranties of any kind with regards to Third Party AI models incorporated into the Services, including their quality, performance, fitness for a particular purpose, or the way that providers of such Third Party AI models access or use your Prompts or Results.

4. Rights and obligations of parties

4.1. General obligations of parties:

4.1.1. parties agree to act in good faith, honestly and seek to ensure that both parties and their employees cooperate with each other in order to ensure the provision of Oxylabs Services.

4.2. Customer’s rights and obligations:

4.2.1. to meet all Customer’s obligations set out in this Agreement properly and on time;

4.2.2. to provide accurate and up to date information (including updating it if it changes)  about you or the company you are representing when signing up for the Services;

4.2.3. upon Oxylabs’ request, to promptly provide Oxylabs information required under Oxylabs’ know your customer (KYC) or other safety procedures. Oxylabs reserves the right to provide or suspend the provision of the Services to any person or entity who, in Oxylabs’ sole discretion, is deemed not suitable under our safety procedures.

4.2.4. the Customer, confirming its understanding that its, as well as its employee’s participation may be a necessity in order for Oxylabs to provide Services to Customer, ensures its and its employee’s active participation;

4.2.5. as Services might be subject to usage limits, including, for example, the quality (type) and quantity of Services, the Customer ensures to not to circumvent these limits (unless permitted otherwise) and / or use Services in breach of other specifications. The Customer’s usage of the Services is limited to a rate limit of 5 connections per second.

4.2.6. the Services can only be used only for lawful and legitimate purposes as defined by the best practice standards and this Agreement. Pursuant to the preamble, the Services cannot be used for competitive purposes;

4.2.7. the Customer ensures to comply with laws, regulations, Oxylabs Acceptable Use Policy and any relevant terms of service (terms of use, other website or application based document) or third party rights (including, without limitation, regulation, case-law practice and best practice regarding the automated data gathering, etc.) applicable to Customer’s use of Services;

4.2.8. the Customer will not take any action that would cause Oxylabs to violate or be associated with any violation of EU, US or other relevant countries’ applicable data protection laws or infringement of third parties’ intellectual property rights;

4.2.9. the Customer shall ensure that access credentials provided by Oxylabs will not be shared (selling, transfering, sublicensing, etc.) with third parties;

4.2.10. the Services shall be used only by and for the benefit of the Customer;

4.2.11. the Customer shall not: sell, resell (unless explicitly agreed otherwise), license, sublicense, distribute, make available, rent or lease Services; interfere with or disrupt the integrity or performance of Services; permit direct or indirect access to or use of Services in a way that circumvents the agreed usage limits or other specifications, or use Services in a manner that violates our Acceptable Use Policy; access or use any of Oxylabs intellectual property except as permitted under this Agreement; modify, copy, or create derivative works based on Services or any part, feature, function or interface thereof; disassemble, reverse engineer, or decompile Services, or access it to (1) build a competitive product or service, (2) build a product or service using similar ideas, features, functions or graphics of Services, (3) copy any ideas, features, functions or graphics of the Services; (4) determine whether the Services are within the scope of any patent.

4.3. Oxylabs’ rights and obligations:

4.3.1. to meet all Oxylabs’ obligations set out in this Agreement properly and on time;

4.3.2. to provide Services using no less than a reasonable level of skill and care in accordance with industry standards;

4.3.3. if agreed, to provide support for the Services;

4.3.4. use reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which Oxylabs shall give advance e-mail notice, or a notification within the Dashboard), and (ii) any unavailability caused by circumstances beyond Oxylabs reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike, or other labor problem (other than the one involving Oxylabs employees), or the failure of or delay of Internet service provider failure or denial of service attack;

4.3.5. Oxylabs shall be responsible for performance of Oxylabs’ personnel (including employees and contractors) and their compliance with Oxylabs’ obligations under this Agreement;

4.3.6. to provide the Customer with sufficient information related to the use of Services, terms and conditions of provision of Services;

4.3.7. Oxylabs retains the right in its sole discretion to monitor Customer’s use of Services if Oxylabs deems so necessary in order to execute its rights and obligations set forth in this Agreement;

4.3.8. if Oxylabs in its sole discretion believes that there is a security emergency or that the Customer has failed to execute its obligations under this Agreement, especially, but not limited to, obligations regarding the Acceptable Use Policy, then Oxylabs reserves the right to stop offering and/or supporting the Services or part of them or any functionality constituent in the Services, at which point Customer’s ability to use the Services or part thereof will be automatically suspended.

5. Representations and warranty disclaimers

5.1. Each party represents that it has validly entered into this Agreement and has the legal power to do so.

5.2. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS”, AND NEITHER OXYLABS NOR ANY OF ITS OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE SERVICES, ANY THIRD PARTY AI MODELS INCORPORATED INTO THE SERVICES, OR AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF SERVICES UNDER THIS AGREEMENT OR OTHERWISE. THE SERVICES ARE PROVIDED WITH THE KNOWLEDGE OF THIS WARRANTY LIMITATION. OXYLABS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR CONDITIONS OF LEGALITY, ORIGINALITY, ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, AND / OR FITNESS FOR PARTICULAR PURPOSE. OXYLABS DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR, THE CONTENT OBTAINED / TRANSMITTED BY CUSTOMER OR OTHERS, AND DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR UNAUTHORIZED USE OR MISUSE OF THE SERVICES.

6. LIMITATION OF LIABILITY, EXCEPTIONS TO LIMITATION OF LIABILITY

6.1. NEITHER OXYLABS NOR ANYONE ELSE INVOLVED IN CREATING PRODUCING, DELIVERING OR SUPPORTING THE SERVICES SHALL BE LIABLE TO CUSTOMER, ANY REPRESENTATIVE, OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SERVICES OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOST REVENUE, LOST PROFITS, LOSS OF TECHNOLOGY, LOSS OF DATA, RIGHTS OR SERVICES, WHETHER UNDER THEORY OF CONTRACT OR TORT.

6.2. IN NO EVENT THE LIABILITY OF OXYLABS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR PROVISION OF THE SERVICES WILL EXCEED 100 EUR (ONE HUNDRED EUROS) OR THE LOWEST AMOUNT ALLOWED UNDER APPLICABLE LAW.

6.3. NOTWITHSTANDING SECTION 6.2, THE CUSTOMER SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT WITH RESPECT TO THE SERVICES PROVIDED TO THE CUSTOMER.

6.3. THE LIABILITIES LIMITED BY SECTIONS 6.1 AND 6.2 APPLY TO: (a) LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (c) EVEN IF OXYLABS IS ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (D) EVEN IF CUSTOMER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. IF APPLICABLE LAW LIMITS THE APPLICATION OF THIS SECTION 6, OXYLABS’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT POSSIBLE.

7. Indemnification

7.1. By Oxylabs. Oxylabs shall defend and indemnify the Customer against any third party claim, suit, or proceeding arising out of, related to, or alleging: infringement of any patent, copyright, trade secret, or other intellectual property right by the software of the Services to the Customer. OXYLABS' LIABILITY ARISING OUT OF OR RELATED TO SECTION 7 (Indemnification) SHALL BE LIMITED TO 10,000 EUR, OR THE LOWEST AMOUNT ALLOWED UNDER APPLICABLE LAW.

7.2. Oxylabs obligations set forth in clause 7.1. do not apply to the extent that Indemnified claim regarding intellectual property infringement arises out of: a) Customer’s use of the Services or third party content accessed through Oxylabs Services in an unlawful manner or in violation of this Agreement (including Acceptable Use Policy); b) Modifications to the technology/software/code or any other part of the Services by the Customer; c) Oxylabs’ modifications of the technology/software of the Services in compliance with specifications or request provided by Customer; d) Any use of the Services in combination with other products, equipment, software, or data not provided by Oxylabs.

7.3. By the Customer. Customer hereby agrees to defend, indemnify, save and hold harmless Oxylabs and its officers, agents, affiliates, and employees against any and all third-party claims, damages, losses, liabilities, settlements, and expenses (including without limitation costs and attorneys’ fees) in connection with any third-party claim, regulatory action , or other legal action that arises from: (i) non-compliance by the Customer with its obligations under this Agreement, including, without limitation, the Acceptable Use Policy and the DPA; (ii) Customer’s alleged use or alleged misuse of the Services; (iii) any and all claims by any third party in connection with the Customer’s use of Services, including without limitation claims related to breach of Third Party AI terms of services, copyright infringement and all manner of intellectual property claims, defamation claims, claims of publication or transmission or gathering of obscene, indecent, offensive, racist, unreasonably violent, threatening, intimidating or harassing material, and claims of infringement of data protection legislation, to the extent such claims and/or losses are based upon (a) the third party content of any information accessed, transmitted, distributed, published, gathered or any other way used by the Customer; or (b) the use of Services by the Customer in a manner inconsistent with the terms of this Agreement, including without limitation the Acceptable Use Policy.

7.4. The party seeking indemnification will promptly notify the other party of the claim and cooperate with the other party in defending the claim. THE INDEMNITIES ABOVE ARE OXYLABS’S AND THE CUSTOMER’S ONLY REMEDY UNDER THIS AGREEMENT FOR VIOLATION BY THE OTHER PARTY OF THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.

7.5. In the event Oxylabs incurs actual damages, losses, liabilities, settlement costs, and expenses (including without limitation costs and attorneys’ fees) for which it is entitled to indemnification under this Agreement, Oxylabs shall provide a monthly accounting to Customer of any damages, losses, liabilities, settlement costs, and expenses (including without limitation costs and attorneys’ fees) incurred for which it is entitled to indemnification in the form of an invoice, and Customer shall be responsible for paying that invoice within fifteen days of receipt. In the event Customer fails to pay indemnification invoices for which it is responsible in a timely fashion, and Oxylabs is required to take legal action to recover the amounts due to it from those invoices, Customer shall also be responsible for all costs, including attorneys’ fees, associated with Oxylabs’ efforts to recover money due to it as a result of Customer’s indemnification obligations.

8. Access to third party data, content, resources

8.1. By using the Services you might be able to access, transmit, distribute, gather, reproduce or in any other way use (“Access”) third party data, content, resources (“Data”). When you Access any Data by using the Services, you ensure that you have consulted property, persons, and entities in question for consents, rights, information and restrictions that may be applicable to such content and Access of it. You are solely responsible for the Data you Access by using the Services. As one of the conditions to your use of the Services you agree to not use the Services in a way that would infringe any applicable laws or third party rights, including privacy and intellectual property rights, this Agreement, including but not limited to Acceptable Use Policy. We reserve the right, at any time, in our sole discretion, without notice, to suspend the use of the Services by any users who would act contrary to the established above.

9. Intellectual property rights

9.1. The Services are owned by Oxylabs and are protected by copyright and other intellectual property laws. Customer agrees that title to and ownership of Services, in any form, shall at all times and in any event be held exclusively by Oxylabs. Customer shall be entitled to only such rights with respect to the Services as are specifically granted in this Agreement.

9.2. Oxylabs may use trademark, trade name or service mark, which belongs or is licensed to the other party, without prior written approval of such party but only for the marketing purposes of its Services when the other parties’ trademark, trade name or service mark might be used as an example of Oxylabs’ clients.

10. Term & Termination

10.1. This Agreement will commence once you sign up for the Services or otherwise access and start using the Services and will continue for the duration of the use of Services by you.

10.2. Oxylabs may in its sole judgment suspend or terminate your access and use of the Services and this Agreement at any time without providing prior notice for any of the following reasons: a) Inactivity of your account; b) Breach or alleged breach of this Agreement, our Acceptable use Policy or any applicable law/regulation or violation of any third party rights; c) KYC procedure.

10.3. If you wish to terminate your account, you can do so by deleting your account within the Dashboard at any time.

10.4. Oxylabs is not obliged to maintain any Tokens in your account after any termination of your account.

10.5. This Agreement will continue to apply to all past use of the Services by you, even if you are no longer using the Services.

10.6. The following sections will survive termination or expiration of this Agreement: 5 (warranty disclaimers), 6 (limitations of liability exceptions to limitations of liability), 7 (Indemnification); and (c) any other provision of this Agreement that must survive termination to fulfill its essential purpose.

11. Confidential information

11.1. “Confidential Information” refers to the following items Oxylabs may disclose to the Customer: (a) any document marked as “Confidential”; (b) any information Oxylabs orally designates as “Confidential” at the time of disclosure, provided Oxylabs confirms such designation in writing within 5 (five) business days (c) any source code disclosed by Oxylabs or accessed by Customer by using the Services, whether or not marked as confidential; and (d) any other non-public, sensitive information disclosed by Oxylabs or accessed by the Customer by using the Services. Notwithstanding the foregoing, Confidential Information does not include information that: (i) is in Customer’s possession at the time of disclosure; (ii) is independently developed by the Customer without use of or reference to Confidential Information; (iii) becomes known publicly, before or after disclosure, other than as a result of Customer’s improper action or inaction; or (iv) is approved for release in writing by Oxylabs

11.2. Customer shall not use Confidential Information for any purpose other than to facilitate the fulfilment of obligations under this Agreement (the “Purpose”). Customer shall not disclose Confidential Information to any third party without Oxylabs’ prior written consent. Without limiting the generality of the foregoing, the Customer shall protect Confidential Information with the same degree of care it uses to protect its own confidential information of similar nature and importance, but with no less than reasonable care. Customer shall promptly notify Oxylabs of any misuse or misappropriation of Confidential Information that comes to Customer’s attention. Notwithstanding the foregoing, Customer may disclose Confidential Information as required by applicable law or by proper legal or governmental authority.

11.3. Injunction. Customer agrees that breach of this section would cause Oxylabs irreparable injury, for which monetary damages would not provide adequate compensation, and that in addition to any other remedy, Oxylabs will be entitled to injunctive relief against such breach or threatened breach, without proving actual damage or posting a bond or other security.

11.4. Termination and Return. The obligations of section 11 (Nondisclosure) will terminate 2 (two) years after the end of the use of Services by the Customer. Upon termination of this Agreement and if requested by Oxylabs, the Customer shall return all copies of Confidential Information to Oxylabs or certify, in writing, the destruction thereof.

11.5. Retention of Rights. This Agreement does not transfer ownership of Confidential Information or grant a license thereto. Except to the extent that if another section of this Agreement specifically provides to the contrary, Oxylabs will retain all right, title, and interest in and to all Confidential Information.

11.6. Oxylabs has not agreed to and does not agree to treat as confidential any Feedback (“Feedback” refers to any suggestion or idea for improving or otherwise modifying any of Oxylabs’ Services) that Customer provides to Oxylabs, and nothing in this Agreement or in the parties’ dealings arising out of or related to this Agreement will restrict Oxylabs’ right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting the Customer. Notwithstanding the provisions of section 11, Feedback will not be considered Confidential Information.

12. DISPUTE RESOLUTION AND GOVERNING LAW

12.1. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE REPUBLIC OF LITHUANIA. THE EXCLUSIVE JURISDICTION AND VENUE FOR ANY AND ALL DISPUTES BETWEEN THE PARTIES SHALL BE THE REPUBLIC OF LITHUANIA. BY AGREEING TO USE THE SERVICES, CUSTOMER HEREBY CONSENTS TO JURISDICTION AND VENUE IN THE REPUBLIC OF LITHUANIA AND WAIVES ANY DEFENSES TO JURISDICTION IN LITHUANIA SUCH AS FORUM NON CONVENIENS AND LACK OF PERSONAL JURISDICTION.

12.2. Before filing a claim, each party agrees to try to resolve the dispute by contacting the other party through the notice procedures established in Clause 13.3. If a dispute is not resolved within 30 (thirty) days of notice, the exclusive remedy for dispute resolution for Customer and Oxylabs is to file a claim in a formal proceeding in the courts of the Republic of Lithuania.

12.3. In any case, the Customer may only resolve disputes with Oxylabs on an individual basis and will not bring claim in class, consolidated or representative action. By using the Services, Customer acknowledges and hereby agrees that it is waiving any rights to class-action lawsuits, class-wide arbitrations, private attorney-general actions, combining actions without consent of all parties, and any other proceeding where someone acts in a representative capacity, regardless of jurisdiction.

13. Additional provisions

13.1.This Agreement supersedes any prior agreements or understandings between Oxylabs and the Customer, and constitutes the entire Agreement between parties related to this subject matter. All attachments to the Agreement (i.e Acceptable Use Policy, DPA etc.) are hereby incorporated into the Agreement by this reference.

13.2. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.

13.3. Notices must be sent via e-mail and are deemed given when received. Notices to Oxylabs must be sent via e-mail the following email address: hello@oxylabs.io.

13.4. Customer may not assign or transfer this Agreement or any rights or obligations under this Agreement without written consent of Oxylabs. Oxylabs may not assign this Agreement without written consent of the Customer, except in the cases when the transfer of Oxylabs rights and obligations is related to and / or connected with a merger, acquisition, or any type of corporate reorganization, or sale of all or substantially all of its assets. In such cases, Oxylabs will provide Customer with 14 (fourteen) calendar days notice. Any other attempt to transfer or assign is void.

13.5. Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.

13.6. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.

13.7. No delay, failure, or default, will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, hurricanes, earthquakes, other acts of God or of nature, strikes or other labor disputes riots or other acts of civil disorder, embargoes, or other causes beyond performing party’s reasonable control.

13.8. Neither party is the agent or legal representative of the other party, and this Agreement does not create a partnership, joint venture or fiduciary relationship between Oxylabs and the Customer. Neither party shall have any authority to agree for or bind the other party in any manner whatsoever. This Agreement confers no rights, remedies, or claims of any kind upon third party.

13.9. The Services and Services’ proprietary features, functionality, interfaces, and source code and / or included software may be subject to export controls and economic sanctions laws, regulations and requirements of certain jurisdictions. By using Oxylabs Services the Customer represents and warrants that the Customer is not located in, under the control or, or a national or resident of, any such jurisdiction.

Last updated on June 27, 2025