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Public Offer

Last updated: 07.02.2024

This document, permanently published on the Internet, is an offer by Mobness LTD to enter into a Service Agreement (hereinafter — the Contract) with a legally capable individual (hereinafter — the Customer), jointly referred to as the Parties.

This document is a public offer, which means that use of the Website (or the application) constitutes full and unconditional consent (acceptance) to the terms set out in the Offer and is recognized as full accession to the Contract, all its clauses and sections.

Proper acceptance of this Offer is the Customer's performance of the following actions:

a) submission of an application on the Website https://happ-proxy.me and its subdomains (hereinafter — the Application);

b) clicking the "I have read and accept the terms of the Public Offer" button and the "I have read and accept the terms of the Personal Data Processing Policy" button when submitting the Application;

c) payment for the Provider's services through the deposit of funds, in the manner provided in section 5 of this Agreement (clause 5.3.).

The Customer is encouraged to carefully read the text of the Offer (including amendments made over time) posted on the Website, and in case of disagreement with the terms, leave the Website at any time and not use its features and the Service.

The Provider reserves the right to amend the terms of the Offer by posting an updated version of the document on the Website. Continued use of the Website by the Customer after the changes and/or additions take effect means acceptance of and consent to such changes and/or additions. The effective date of changes to the Offer is the date of their publication on the Website. Previous versions of the public offer will subsequently be available for review via the relevant links.

The Offer is an open and publicly available document. The current version of the Offer is published on the Internet at the network address (domain name): Terms.

The law of the Russian Federation applies to this Contract and to the relations between the Parties arising from use of the Website.

1. Terms and definitions

1.1. The terms of the Contract listed below are used with the following meaning:

1.1.1. Acceptance of the offer — full and unconditional acceptance of the terms of the Offer by the Customer through the actions specified in this Offer. Acceptance of the Offer creates a Contract on the terms of the Offer.

1.1.2. Contract — the contract between the Provider and the Customer, concluded through acceptance of this Offer.

1.1.3. Order — the Customer's decision to order a Data processing Service through the Website by selecting one of the plans and paying for it; it is full and unconditional acceptance of this Offer by the Customer.

1.1.4. Customer — a person who has submitted an Application and started using the Website and Provider's Service on a paid basis.

1.1.5. Application — an HTML form completed by the Customer on the Website / in the Service to obtain access to the functionality of the Website and the Service.

1.1.6. Provider — independently and through its authorized employees, the entity administering the Website and operating the Service.

1.1.7. Content and materials — any items of intellectual property of the Provider posted on the Website or contained in the Service in the form of texts, images, drawings, photographs, graphics, videos, programs, sounds, user interfaces, logos, computer code that constitute the content of the Website and/or are posted on the Website with the Provider's consent.

1.1.8. Offer — this document, published on the Internet on the Provider's Website, containing an offer to enter into a Service Agreement.

1.1.9. Personal data — information directly or indirectly relating to the Customer, voluntarily provided by them when completing the Application. The information is stored in the Provider's database using services and software providing reliable protection against unauthorized third-party access, and is to be used solely in accordance with this Offer, the Personal Data Privacy Policy and the applicable laws of the Russian Federation.

1.1.11. Website — a web-site located on the Internet at the unique address (URL): https://happ-proxy.me (including subdomains), being a combination of software, hardware and information intended for publication on the Internet. The Website is available to an unlimited number of persons on the Internet.

1.1.12. Service — the "Outline Market" Internet service, providing the Customer with the ability to order paid Services.

1.1.13. Plans — the system of prices for the Services (paid key for a month, 3 months or a year) presented on the Website.

1.1.14. Services — data processing services, including private virtual access services, as well as other Services related to private security on the Internet and private Internet access. The Services include, but are not limited to, Outline and other software, add-ons, applications, information and information materials available to the Customer from the Provider.

1.2. If the Offer uses terms not specified in clause 1.1, they shall be used and interpreted in accordance with applicable law and customary business practices established on the Internet.

1.3. This Offer does not require signing or sealing by the Provider and the Customer, while retaining legal force.

2. Subject matter

2.1. Under the Offer, the Provider undertakes to render Services to the Customer in accordance with the description of the chosen plan specified on the Provider's Website at https://happ-proxy.me, which is an integral part of the Contract, and the Customer undertakes to accept and pay for the Services rendered to them in the amount and within the time provided by the Contract.

2.1.1. The type and quantity of services rendered by the Provider to the Customer under the Contract are determined by the Customer independently by sending the relevant Order to the Provider through the Application in the manner determined by the Contract. The Customer places an Order for Services through the Website by selecting one of the plans presented on the Website. By paying for the Order, the Customer confirms consent to enter into this Contract (acceptance of the offer).

2.2. The Contract also grants all persons who have accepted the terms of the Offer, on a free, non-exclusive, non-transferable, perpetual basis, the right of access to the Website. The Provider grants the Customer access to the Website, and the Customer undertakes to use the granted access only within the rights and using the methods provided by the Contract. The Customer may exercise the right to use the Website throughout the territory of the Russian Federation and beyond.

2.3. The Customer may not (and may not allow anyone to) modify, disassemble the Website into its constituent codes, decompile or otherwise attempt to obtain the source code or any part thereof.

2.4. The Provider exercises current management of the Service, determines its structure and appearance, allows or restricts user access to the Website, and exercises its other rights at its discretion.

2.5. By entering into the Contract, the Customer confirms the following:

a) the Provider is fully and completely familiar with and agrees to the terms of this Contract;

b) the Provider grants permission for the collection, processing and transfer of personal data on the terms set out in the Personal Data Processing Policy.

2.6. Access to the Service is provided subject to technical capability. By accepting the Agreement, the Customer is informed that the services rendered are a complex electronic Service that depends on a multitude of factors beyond the Administration's control: communication channel performance, changes in rules and APIs of third-party servers used, availability of third-party servers. Provision of access for 100% of the time is not guaranteed. Interruptions in access are possible.

2.7. This Agreement covers all currently existing (functioning) features of the Website and Service, as well as any subsequent modifications and features that appear later.

3. Rights and obligations of the parties

3.1. The Customer undertakes to:

3.1.1. Carefully read the contents of the Offer and comply with its terms.

3.1.2. Use the Service and the Website only for lawful purposes and by lawful means in accordance with the laws of the Russian Federation.

3.1.3. Not record or distribute (publish, post on Internet sites, copy, transfer or resell to third parties) for commercial or non-commercial purposes the information and materials provided by the Provider, and not create information products based on them for the purpose of obtaining commercial profit.

3.1.4. Choose the necessary services specified on the Website under this Offer.

3.1.5. Ensure timely payment for the Services rendered in accordance with the terms of the Contract.

3.1.6. Send the Provider all available claims regarding the quality of the services rendered within a period not exceeding 7 (seven) calendar days from the date of receipt of the services. If no claims are received by the Provider, the Services are deemed rendered in full and properly.

3.1.7. Use the Service and the Website in good faith.

3.2. The Customer is entitled to:

3.2.1. Use any features available on the Website, subject to compliance with the laws of the Russian Federation.

3.2.2. Stop using the Website at any time.

3.2.3. Receive informational support on issues related to the procedure for rendering Services and the operation of the Service throughout the term of the Contract (from the moment of its conclusion).

3.3. The Provider undertakes to:

3.3.1. Provide the Customer with access to the chosen Services and render the Services in accordance with the terms of the Contract.

3.3.2. Provide consultations by email on issues arising for the Customer in connection with the rendering of the services to them.

3.3.3. Make all reasonable efforts to ensure stable operation of the Website and the Service, gradually improve them, and fix bugs at its discretion. However, the Website and the Service are provided to the Customer on an "as is" basis.

3.3.4. Resolve disputes through correspondence when the Customer contacts using the contact form on the Website. If a question is not regulated by the Offer, the Provider decides how to act in a particular situation.

3.3.5. Not disclose the Customer's Personal data and not provide access to such information to third parties, except as expressly provided by law and the Personal Data Privacy Policy.

3.4. The Provider is entitled to:

3.4.1. Without coordinating with the Customer, engage third parties to perform the Contract.

3.4.2. Request from the Customer any necessary information and documents for proper performance of obligations under the Contract.

3.4.3. Change the cost of Services unilaterally, with notice on the Website.

3.4.4. Unilaterally terminate the Offer and revoke the Customer's access to the Service in case of violation by the Customer of the terms of the Offer. Such violation shall also include:

  • any violation of copyright governed by applicable laws of the Russian Federation;
  • unlawful or unlawful-method use of the Service and the Website;
  • causing harm to the Provider or third parties;
  • delays in payment for the Services.

3.4.5. Limit the provision of Services to the Customer if facts of bad-faith use of the Service are detected, including:

  • use of the Service in violation of the laws of the Russian Federation or other states;
  • transfer of an individual access key to third parties (except for the Customer's close relatives);
  • exceeding the traffic quota. When this threshold is exceeded, access to the Service is automatically suspended. In such case the Customer may contact the Provider through any available communication channel and request a traffic limit increase.

3.4.6. At any time without prior notice, an unlimited number of times, moderate and modify the Website, its sections, services, features and tools, delete, modify and post any results of intellectual activity with or without prior notice, including by introducing additional restrictions on its use.

3.4.7. Set any restrictions on the use of the Service.

3.4.8. Suspend the operation of the Website and the Service for necessary scheduled preventive and repair work, as well as unscheduled work in emergency situations.

3.4.9. Edit and publish any information on the Website.

3.4.10. Exercise other rights granted to the Provider by the laws of the Russian Federation and the terms of the Offer.

4. Conditions for accessing the service

Service usage rules

4.1. To gain access to the Service, the Customer must submit an Application. Services are ordered by the Customer through the Website or by sending an email to the Customer's address with subsequent issuance of an invoice to the Customer's email.

4.2. Services on the free plan are provided on an as-is basis, without guarantees of operability or other terms.

4.3. If the Provider needs additional information, it may request it from the Customer. If the necessary information is not provided by the Customer, the Provider is not liable for the quality of the service provided to the Customer.

4.4. By providing certain data, the Customer agrees that all such information is accurate, reliable, current and complete, and confirms their consent to the Provider's processing of their personal data. Responsibility for the accuracy of the information in the listing and the performance of related obligations rests fully with the Customer.

4.5. The Contract between the Parties is deemed concluded from the moment of electronic order placement.

4.7. The Customer must adhere to the rules generally accepted on the Internet or directly established by applicable law and regulations of the Russian Federation for communication services. Violation by the Customer of the rules for using the Services may serve as grounds for refusing to provide the Services. The following provisions constitute violations of the Service usage rules (including but not limited to).

4.7.1. While using the Service, the Customer is prohibited from:

  • using the Service for commercial purposes by reselling it;
  • using the Service for unlawful purposes (use of the Services for purposes contrary to applicable law; transfer, distribution or storage of any materials and information prohibited by applicable law, as well as any other actions contrary to applicable law or regulations, including but not limited to copyright infringement, unlawful use of trademarks and service marks, disclosure of confidential government and commercial information without the information owner's permission, violation of export-import laws, incitement of racial and ethnic intolerance, distribution of pornography and so on);
  • transmitting and posting on the network through the Services information and software containing computer viruses or other malicious components;
  • sending, publishing, transmitting, reproducing or distributing through the Service software or other materials fully or partially protected by copyright or other rights without the Owner's permission;
  • distributing advertising, informational and other materials to persons except where the addressees have agreed to receive such materials (the Customer is prohibited from using the Services to distribute commercial and other information in an unauthorized manner: distribution of advertising, informational or commercial materials carried out outside established rules for distributing commercial information, performed in a pushy manner, without the recipient's consent, and also causing recipient complaints; unauthorized use of email and Internet conferencing servers without their owners' permission; sending identical and similar messages to one or more groups of conferences or mailing lists not authorized by their owners (including mass distribution of unsolicited messages of commercial, propaganda or other nature (spam)) using the Services);
  • sending information over the Internet whose content violates Russian and/or international law;
  • using the Service to distribute materials offending human dignity, promoting violence or extremism, inciting racial, ethnic or religious hatred, pursuing hooligan or fraudulent purposes;
  • falsifying their IP address, addresses used in other network protocols, and other service information when transmitting data over the Internet;
  • using non-existent return addresses when sending emails, except where use of an Internet resource explicitly allows anonymity;
  • taking actions aimed at changing the operator's equipment or software settings, or other actions that may cause failures in their operation;
  • using the Services for unauthorized access (unauthorized (i.e. without the explicit permission of the Owner) access to or use of resources (i.e. services, networks, systems, data and information); breach, modification, override or damage of access control systems (i.e. authentication, authorization, billing and system monitoring) for resources; attempts to scan, test and search for ways to breach or override access control systems for resources without special permission from the owner; unauthorized interception, monitoring, modification or redirection of data and traffic; creating interference with normal operation of services, networks, channels and systems, including mailbombing, flooding, attempts to overload systems and broadcast attacks; modifying the address part and content of network packets, including emails; any other types of access to or use of a resource carried out for purposes not expressly authorized by the resource owner, or in a manner not expressly authorized by the resource Owner, using the Services);
  • attempting unauthorized access to Internet resources, conducting or participating in network attacks and network hacking, except where the attack on a network resource is conducted with the express permission of its owner or administrator;
  • intentionally causing damage using the Services;
  • violating the order, rules and conditions for the provision of Services as set out in applicable legislation and posted on the Website.

4.7.2. The Customer is responsible for the security of the logins and passwords of their accounts, as well as for all actions performed when using the Service under the Customer's login and password. The Customer agrees that their actions (the possibility of which is provided directly by the Provider) for connecting, managing, using and disconnecting the Service are deemed actions of the Customer alone.

4.7.3. The Provider is not liable: for the Customer's use of data obtained as a result of using the Service, in particular for the transfer of mobile subscriber numbers and other data to third parties; for the Customer's provision of their login/password to third parties.

5. Cost of services and payment procedure

5.1. The cost of services is set in the currency of the Russian Federation — rubles, and may also be displayed in euros and US dollars; it is published in the relevant section of the Website and determined by the Plans for services set by the Provider.

5.2. The list of services rendered and the Plans is published on the Provider's Website at https://happ-proxy.me, which is an integral part of the Contract.

5.3. Payment for services under the Contract is made on a one-time payment basis for a key under the chosen plan.

Payment is made through Cardlink. Terms of use of the system are published on the official website of the system — https://cardlink.link/. When making a payment, the Customer must follow the payment instructions regarding payment procedure and methods.

5.3.1. The key provision service has a term according to the chosen plan and is valid until the end of the plan period.

5.4. The Provider may change the cost of Services unilaterally, with notice to active users by email or via other contacts. New conditions on the cost of keys take effect from the moment of a new purchase.

5.5. The Customer's obligations to pay for the Order are deemed fulfilled from the moment funds are received by the Seller in accordance with the Plans in full.

5.6. Settlements between the Parties for the Services are made by the methods specified on the Website.

5.7. Ordering a service constitutes the Customer's consent to pay for the service at the prices in effect on the day of ordering on the Website.

5.8. In case of termination of the Contract, the unused balance of the Customer's funds is returned by the Provider via bank transfer to the Customer's account.

6. Special conditions and liability of the parties

6.1. The Provider is responsible for the timeliness of the services rendered subject to the Customer's compliance with the established requirements and rules posted on the Website https://happ-proxy.me in accordance with the provisions of this Contract.

6.2. The Provider is released from liability for breach of the Contract terms if such breach is caused by force majeure circumstances, including: actions of state authorities, fire, flood, earthquake, other natural events, power outages, strikes, civil unrest, riots, and any other circumstances, not limited to those listed, that may affect the Provider's performance of the Contract.

6.3. The Provider is not liable for the quality of public communication channels or services providing the Customer with access to its services.

6.4. Coverage area, Internet speed and connection quality during service provision may vary. The Provider undertakes to make all reasonable efforts so that the Services are provided at any time (except for maintenance and repair breaks). The Services may be unavailable due to factors beyond the Provider's control, including emergency situations, network problems or restrictions, interference, signal interruption, disruption of other services.

6.5. The Provider is not liable for loss of data and messages, incorrect display of pages due to network problems (for example on a T-1 line). To protect the Customer, the Provider may unilaterally set restrictions on the use of certain data and block customer service.

The network speed is a nominal estimated characteristic and does not correspond to the actual speed of sending and receiving data. The actual network speed depends on its configuration, data compression methods, network load and other factors. The Provider does not guarantee timeliness of data delivery and is not liable for possible delays or losses.

6.6. The Provider undertakes not to disclose information received from the Customer. Disclosure of information in accordance with reasonable and applicable legal requirements is not deemed a breach of obligations.

6.7. The Provider receives information about the IP address of the Website visitor. This information is not used to identify the visitor.

6.8. The Provider is not liable for information provided by the Customer on the Website in publicly accessible form.

7. Liability of the parties

7.1. For non-performance of the conditions of this Contract, the Parties bear liability in accordance with the laws in force in the territory of the Russian Federation.

7.2. The Provider's liability is limited to actual damages, the amount of which may not exceed the cost of the Plan chosen by the Customer.

7.3. The Customer undertakes not to use the system for spam, port and proxy scanning, mass mailing (even if emails are actually sent through another server), and not to commit hacking attacks on other computers or networks.

7.4. The Provider is not liable (and does not consider claims):

  • for possible failures and interruptions of the Website and the Service and resulting loss of information;
  • for any damage to a user's computer, mobile devices, any other equipment or software caused by or related to the use of the Service or sites accessible via hyperlinks placed on the Website.
  • for any kind of losses incurred as a result of the Customer's use of the Service or individual parts/features of the Service.
  • for claims by third parties;
  • in any other cases, subject to clause 7.2 of this Contract.

7.5. The Provider is not liable, does not consider claims by the Provider and third parties and does not compensate losses if the Customer is unable to use the Provider's Service in their understanding of how such services work. The Service is provided "as is" and may not meet the Customer's expectations.

7.6. The Parties are released from liability for partial or complete non-performance of obligations due to force majeure circumstances. Force majeure circumstances mean: tsunami, storm, earthquake, floods, natural fires, typhoons, hurricanes, drought, change of sanitary-epidemiological conditions, disasters, mass demonstrations, decisions of state authorities, as well as other circumstances arising from extraordinary events. The party affected by force majeure shall, at the first opportunity but no later than within five days, notify the other party in writing of the occurrence.

7.7. In case of breach by the Customer of the terms of the Contract, the Provider may block the Customer's access to the Service without giving reasons. In such case the Provider may, at its discretion, refund the Customer or withhold the funds to cover expenses related to performance of obligations under the Contract.

7.8. No conditions, warranties or other provisions apply to the Service except those expressly stated in this Contract. The Provider does not provide any warranties that use of the Service will meet the Customer's expectations: will not be interrupted, will be available at any convenient time, will be secure, or will not be subject to errors or failures.

8. Other provisions

8.1. The period for joining the Contract is limited to the Offer being available on the Website. The Offer enters into force at the moment of its acceptance by the Customer and is open-ended.

8.2. The Contract may be terminated unilaterally at the initiative of the Customer with mandatory written notice to the Provider through the Website or by email.

8.3. The Customer is solely responsible for regularly reviewing the Contract. Use of the Website and the Service by the Customer after changes are made to the Contract is deemed consent to such changes and means the Customer's readiness to assume the obligations under them.

8.4. The recognition of the invalidity of any provision of the Contract does not entail the invalidity of the remaining provisions.

8.5. All disagreements arising during the performance of the Contract, in connection with it or as a result of its performance, are resolved by the Parties through negotiations.

8.5.1. Before bringing a claim, the Party that believes its rights have been infringed (the interested party) is required to send the other Party a written claim. The claim must contain the requirements of the interested party and their justification, indicating the rules of law and/or terms of the Contract violated by the other party. Copies of documents confirming the circumstances stated in the claim must be attached to it.

8.5.2. The Party that has received the claim is required to consider it and send a written reasoned response to the other party within 10 (ten) business days from the date of receipt of the claim.

8.5.3. If the Parties fail to reach agreement, the dispute shall be considered in the court at the location of the Provider in accordance with the applicable laws of the Russian Federation.

8.6. Issues not regulated by the Contract are governed by the laws and other legal acts of the Russian Federation, including the relevant legal acts adopted by constituent entities of the Russian Federation and local self-government bodies.

8.7. The Parties acknowledge that all notices, messages, agreements, documents and letters sent using authorized email addresses may be used as written evidence in court.

8.8. The Parties may use facsimile or email for coordination of applications, documents, negotiations, etc. Documents transmitted by facsimile or email have legal force for the parties.

9. Provider details

Mobness LTD, Reg Number: HE444974, Адрес: Cyprus, Limassol, 16 Rigainas street, 3035, Тел.: +35795767632

E-mail: support@happ-proxy.me.