General Terms and Conditions

for the Use of Traceless.me Services (please read the document in full)

Issued: 5 February 2015

1. User

Being the operator of the https://traceless.me website, Kazana Solutions UG (haftungsbeschränkt), Kronstadter Str. 4, 81677 Munich, Germany (hereinafter referred to as Traceless) is the user of these General Terms and Conditions.

User

The operator of Traceless is Kazana Solutions UG (haftungsbeschränkt).

2. Service offered

The service offered by Traceless enables the user to make an IP address assigned by its Internet provider anonymous for third parties to the greatest extent possible, by redirecting the address across numerous servers located in foreign countries. This significantly impairs the ability to track the customer's Internet activities.

Service offered

We anonymize your Internet activities and make you traceless.

3. Use of Traceless.me

The following provisions regulate the relationship between Traceless and the customer. Traceless shall exert no influence on any data received or sent by the customer nor record this data at any point in time, for internal use or to forward it to any third party. When using the Traceless service, technical functionality requires that the user's IP address assigned by its Internet provider is available in real-time at server level for the duration of an established VPN or Proxy connection via the servers of Traceless. Also during this period, no additional customer data that could be associated with the IP address is recorded. No permanent log files are created. If an authorized agency reports to Traceless about an unlawful activity taken by the user, Traceless is entitled to terminate the account of the user without notice. To the extent required by law, Traceless is obliged to release the data indicated above within the framework of the statutory provision concerned.

Use of Traceless.me

We do not create permanent log files of your IP-addresses nor browsing activities. It is a technical requirement that our servers internally need to know your IP-address while you are being connected. Otherwise the server will not know to which client the server has to route the packets. Every trustworthy provider will be able to approve this.

4. Scope of services

Traceless gives the customer the opportunity to use the servers contained in its network to achieve the greatest anonymization possible of the IP address assigned by its provider, by redirecting the address across these servers.

Scope of services

We allow you to use our servers in order to achieve the greatest anonymization possible.

5. Formation and duration of contract

The customer enters into a contract with Traceless by completing the order process and clicking the button "Place order now". In each case, the contract is limited to the period that is indicated for the product selected by the user during the order process. When the last day of the period indicated in the package has expired, the user will be blocked from the Traceless service. An additional package can be purchased at any time. This will reactivate the service for the user. If the user wishes to avoid an interruption of its service, it can also order another package while the current order period is still active. If the user has logged into its account registered for the active package, the new package ordered will be activated directly after the originally booked period has expired. In this case, there will be no interruption in the service.

Formation and duration

By clicking the button "Place order now" you enter into a contract with Traceless.

6. Payment

Payment shall be made exclusively via the payment provider PaymentWall Inc. (PaymentWall). For the payment process, the general terms and conditions of PaymentWall are applicable and available at www.paymentwall.com. With regard to the payment services, the customer and PaymentWall enter into an exclusive contract.

Payment

Payment shall be made exclusively via the payment provider PaymentWall Inc. (PaymentWall).

7. Technical requirements

The currently available protocols offered for the service are OpenVPN, SSH Tunnel, L2TP, IPSec (IKEv1 and IKEv2), Socks5, HTTP, SSTP and PPTP. Depending on the protocol selected by the customer, it may become necessary to use a particular software, which may be part of the user's operating system and/or provided by a third party. Traceless shall suggest software solutions on its FAQ page (https://traceless.me/faq), which can be implemented at the respective point in time to use the service offered by Traceless. This shall, however, not result in the assumption of any kind of liability for any function of the software indicated there. The terms of usage of the respective software provider and/or creator shall be applicable when using the software.

Technical requirements

We offer you various protocols like OpenVPN, SSH Tunnel, L2TP, IPSec (IKEv1 and IKEv2), Socks5, HTTP, SSTP and PPTP. Please check out our instructions page for additional information.

8. Personal requirements to use the service; protection of minors

The user confirms that it has reached at least the age of 16 when it starts to use the service or to act with the permission of a legal guardian or other legal representative. Furthermore, the user confirms that it understands the meaning of the terms of usage of the service, to obey them and to be aware of any consequences of infringement.

Personal requirements

You confirm that you understand the meaning of our terms of usage, to obey them and you are aware of any consequences of infringement.

9. Rights of usage and prohibited uses

Scope of the rights of usage and prohibited types of use The user is entitled to use the service of Traceless exclusively for its private use. The user is not permitted to make the service accessible to any other user by acting as a reseller or by charging a fee. The user is aware that it is explicitly prohibited within the framework of the contract to use the service to take any unlawful action. This applies in particular if the service is used for the very purpose of complicating or obstructing the prosecution of unlawful acts. For the purposes of this section, unlawful acts are particularly defined as offering or downloading copyright protected contents for which the user neither owns the copyright nor any corresponding right of usage entitling it to take this action, as well as offering or downloading content containing child pornography or any incitement of acts of violence, in particular in Internet forums. In addition, the user agrees that it will not use the service to take any action which is capable of limiting or rendering impossible (including temporarily) the operation of the servers used by Traceless, in particular, to cause that the IP addresses of the servers used by Traceless are blocked temporarily or permanently.

In particular, the user agrees that it will neither use nor implement any automated system which uses the service to trigger a number of technical connection and processing operations (so-called requests) vis-á-vis the servers of the service provider within a period within which no human being would be de facto able to trigger them when using the service as permitted. Examples for such systems are, among others, the so-called robots, spiders, so-called load testers such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, and Android Monkey.

Furthermore, the user shall not use the service to distribute any malware (e.g. viruses, Trojans, scripts) that is designed to harm other persons, or spy out data from third parties, or damage or impair technical infrastructure. The service provider explicitly prohibits any actions related to the reconstruction of the available platform and technical protocols. In addition, the service provider prohibits any kind of so-called request modification tools such as Fiddler or Whisker and others that seek to discover more information than is accessible to the public, cause harm, or "penetrate" or test the site. Any kind of test, such as a performance test, measurement, or status test in connection with the service or any other related products of the service provider requires the prior written consent of the service provider.

In addition, the user is required not to misuse the service for spamming or any other kind of advertising measures, regardless of whether this is accomplished by manual actions or automated operations. The user is explicitly prohibited to use the service for the purposes of advertising.

The user is prohibited from reproducing, transferring, or making accessible any components of the service, reselling or copying the service, or to undertake the service itself, regardless of the form of data transmission and storage used to do so. In addition, the user is prohibited from reconstructing, modifying, or adjusting the service and any and all components of it in any form. By using the service, the user consents explicitly that these terms of use are applicable. If the user violates the obligations mentioned, Traceless shall be entitled to prematurely terminate the contract in question and to permanently block the user account concerned.

The service provider permits the operators of search engines to use so-called spider programs to copy (for the purpose of storing them in a cache or on another physical medium) the contents of a website operated by the service provider in order to publish the contents and make them accessible to the users of the search engine and to generate publicly accessible and searchable indices on the basis of the material published on the service provider's website. The service provider reserves the right to exclude individual operators of search engines or, at a later point in time, operators of search engines in general from using spider programs for the purposes outlined above and to revoke this exclusion in general or in an individual case.

Prohibited uses

It is explicitly prohibited within the framework of the contract to use the service to take any unlawful action.

10. Exclusion of liability

Liability for minor negligence is expressly excluded. This does not apply to cases of injury to life, body, or health, nor does it apply to damages that are covered by the scope of product liability laws or a legally comparable regulation and for the violation of essential contractual obligations (cardinal duties). In particular, Traceless is not liable for risks inherent to Internet use in general, particularly damages incurred by malware that was introduced by third parties or by the user itself, or damages whose causes are related to the user's Internet provider.

Exclusion of liability

Liability for minor negligence is expressly excluded.

11. Right to cancel

Traceless reserves the right to cancel the contract if the necessary servers are not available in the future for reasons which are unable to be influenced by Traceless, who can as a result no longer guarantee that it will be able to operate the service as planned and the service owed under the contract is no longer available. Similarly, Traceless reserves the right to cancel the contract if future changes to the law result in the operation of the service being considered illegal. In both cases, Traceless shall inform the customers promptly and partially reimburse payments that have been made.

Right to cancel

We reserve the right to cancel the contract. We shall inform you promptly and partially reimburse payments that have been made.

12. Prohibition of set-off

The customer can only set off by making counterclaims that are undisputed or determined by the court.

13. Termination of contract / Refund guidelines

The contract ends automatically as soon as the period indicated in the package purchased by the user has expired. The user can prematurely terminate the package if it can prove that the package is defective in such a way as to make it impossible for the user to use the package and that this has not been caused by an error related to the hardware, software, or provider of the user.

A declaration of termination must be submitted in writing to Traceless no more than 30 days after the user has first discovered the malfunction. The user is required to include a description of the existing malfunction and to explain the plausibility that the malfunction is caused by an error of the service itself and is not the cause of a hardware or software error on the side of the user, nor has it been caused by an error on the side of the user's Internet provider. Furthermore, Traceless can immediately cancel the contract in the case of a breach of contract by the user as described above in Point 10.

Termination of contract / Refund guidelines

The contract ends automatically as soon as the period indicated in the package purchased by you have expired.You will be able to get a refund within 30 days.

14. Data protection and service provider

The services of Traceless are provided by

Kazana Solutions UG (haftungsbeschränkt)
Kronstadter Str. 4
81677 Munich

The service provider processes any personal data as set forth under statutory law and using the latest technology. Apart from the personal data that needs to be processed in connection with the registration process, the service provider shall neither evaluate nor use any further information about the user for its own purpose. If the user has allowed the browser used by it to visit the website "traceless.me" and its subdomains to accept cookies (text files which enable the storage of data with regard to the visited website, such as shopping cart, log in, website preferences), such cookies can be used by the website "traceless.me" and its subdomains to improve the handling of the site for the user or also to ascertain the way users use the site and their browsing habits. The way users use the site and their browsing habits are recorded in an anonymized form and this information is not merged with personal user data such that it would be possible to create a profile of the user, such as an email address or login data. If the user does not wish to use cookies, it can deactivate this function in its browser settings. Specific settings are dependent on the manufacturer. Information about settings can be obtained from the browser provider. On most browsers, there is a Options menu enabling the activation or deactivation of the cookie functions.

The user agrees that certain functions of the website are not available if the cookie function is deactivated, such as changing the profile data and to log in for this purpose. As a rule, personal data shall not be forwarded to any third party unless this is required in order to use the service and done in accordance with statutory law, or in case the provider is ordered under statutory law or by any authority to release data. The service provider shall take all reasonable measures to protect the security of the user's data. However, no absolute guarantee can be given that unauthorized persons do not access the data. The user shares any and all contents at its own risk.

In order to understand more clearly how users use the service and as a result of collecting such information to be able to steadily improve the service, the service provider's website uses the Piwik web analytics service (www.piwik.org), which analyzes the behavior of users on the website without any correlation to specific persons. Piwik uses so-called cookies, i.e. text files that are stored on the user's computer and that enable analysis of how the user uses the website. For this process, the IP address belonging to the computer sending data is immediately anonymized so that it cannot be allocated to the individual user. The information about the use of this website created by the cookie may be transferred to servers outside the European Union and in this case, the anonymized IP address of the computer concerned may also be transferred.

The software OTRS is used for the online support function. If the user sends a request by email to support@traceless.me or by using the available contact form, Traceless shall store the data indicated there temporarily, but in any case until the support process is completed. This data is regularly deleted no later than 3 months after the last contact within the framework of the process concerned. The user's IP address shall only be stored in an anonymized form.

15. Change to the terms of usage

The service provider is entitled to change, amend or delete these terms of usage or parts thereof at any time to an extent that is deemed acceptable to the user. In case of any such change, the user shall be informed in detail about the change by email and asked separately to confirm it.

Change to the terms of usage

We are entitled to change, amend or delete these terms of usage or parts thereof at any time to an extent that is deemed acceptable to you.

16. Miscellaneous

The user accepts that the service provider is capable of transferring and authorized to transfer the service to another provider or operator at any time. The terms of usage remain unaffected in such a case as the nature of the service provider has changed. The user shall be informed about such changes to the nature of the service provider no later than the next time it uses the service. These terms of usage shall always be applicable when the user uses the service. Should any individual stipulations of these user guidelines be ineffective and/or infeasible in one or more jurisdictions – for example, as a result of changes in the law – the validity and legality of the remaining stipulations shall remain intact. This contract shall be governed by German law, to the exclusion of the Uniform Law on the International Sale of Goods (CISG).

Miscellaneous

The user accepts that the service provider is capable of transferring and authorized to transfer the service to another provider or operator at any time.

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