DuoPlus IP Resource Service Agreement

Version: 1.0

Welcome to the DuoPlus IP Resource Service. This Agreement is entered into by and between you, hereinafter referred to as the “User” or “you,” and DUOPLUS PTE. LTD., hereinafter referred to as the “Platform,” “DuoPlus,” or “we.” This Agreement constitutes a supplemental agreement to the DuoPlus User Agreement.

Before using the Service, please carefully read and fully understand all terms of this Agreement, especially those terms highlighted in bold, underlined, or otherwise prominently marked. Your login, purchase, download, installation, access, or use of the Service shall be deemed as your acknowledgement that you have read, understood, and agreed to be bound by this Agreement and the DuoPlus User Agreement. If you do not agree to any provision of this Agreement, please immediately stop accessing or using the Platform and any IP Resource Service. Any violation of this Agreement may result in the termination of your account. You agree to use the Platform and the Service at your own risk.

1. General Provisions

1.1 Definitions

(a) IP Service refers to the integration, selection, purchase, allocation, technical access, configuration management, and related technical support services for IP resources provided by the Platform in cooperation with third-party suppliers. IP resources include but are not limited to proxy IPs, data center IPs, residential IPs, and other similar network resources.

(b) Third-Party Supplier refers to any independent commercial entity that provides IP resources to the Platform. The Platform and third-party suppliers are independent business partners.

(c) Role of the Platform: You acknowledge that the actual provider of the IP resources obtained through the Platform is a third-party supplier. The Platform acts only as a technical access provider and is not the actual owner, operator, or service provider of the IP resources. Based on its agreements with suppliers, the Platform provides you with a unified access interface, billing support, and technical support. However, the quality, availability, legality, and consequences of using the IP resources shall ultimately be the responsibility of the supplier.

1.2 Role of the Platform, Nature of Resources, and Your Ultimate Responsibility

(a) Platform as a Technical Access Provider: The Platform is a neutral provider of technical services and network resource access services. IP and other network resources purchased or used by users through the Service are provided by third-party suppliers. The Platform acts only as a technical integration and access provider.

(b) Control and Review: You shall ensure that your use of the Service is lawful under all applicable laws. If the Platform discovers that your use violates applicable laws, such use shall be deemed a breach by you, and the Platform shall have the right to take the measures set forth in Section 2.3 of this Agreement. However, you acknowledge that the Platform is responsible for providing technical access to resources and is unable to effectively control, review, intervene in, or endorse the specific websites accessed, content accessed, access methods, or purposes of your use of the Service. You are solely responsible for ensuring the legality of your use of the Service.

(c) Your Ultimate Control and Full Responsibility: You are the ultimate user and controller of the Service. You are obligated to ensure that all use of IP resources complies with all applicable laws and regulations, regulatory policies, and the terms of service and usage policies of target websites, platforms, or services. Any consequences arising from your use of the IP Service, including but not limited to your operations, accessed content, or intended purposes, shall be borne solely by you. Such consequences may include, without limitation, account restrictions, account bans, data loss, property loss, legal disputes, or infringement of third-party rights.

You represent and warrant that your use of the Service will strictly comply with all applicable laws and regulations, regulatory policies, and the terms of service and usage policies of any third-party website or platform you access. You are the ultimate responsible party for your use of the Service and shall ensure that your use is limited to lawful and legitimate business purposes, such as e-commerce management, multinational business operations, security testing, and data verification. You understand and agree that any use of the Service in violation of the foregoing commitments shall constitute a material breach of this Agreement. Any consequences arising from your use of the IP Service, including but not limited to your operations, accessed content, or intended purposes, shall be borne solely by you. Such consequences may include, without limitation, account restrictions, account bans, data loss, property loss, legal disputes, or infringement of third-party rights.

1.3 Special Risk Notice

You fully acknowledge and understand that use of the IP Service may involve one or more of the following risks. The Platform has clearly informed you of such risks, and you agree to bear all such risks at your own expense:

(a) Supplier Dependency Risk: The availability of the Service is highly dependent on the continuous operation of third-party suppliers and their continued supply to the Platform. The Platform cannot control the conduct or service status of suppliers. If a supplier discontinues service, changes its policies, or experiences quality issues, the IP resources you purchased may be directly affected. The relevant responsibility shall be borne by the supplier. The Platform will assist in communication within its capacity but shall not be liable for any losses arising therefrom.

(b) Third-Party Platform Risk: When you use proxy IPs to access third-party platforms, such as social media platforms or e-commerce platforms, such platforms may trigger their security risk control mechanisms, resulting in restrictions, suspension, banning of your accounts, or classification of your activities as abnormal.

(c) Service Stability Risk: The stability, speed, and availability of proxy IP services depend on third-party suppliers and complex network environments. The Platform does not guarantee that the Service will be continuous, timely, or uninterrupted.

(d) Legal and Compliance Risk: If you use the Service for illegal or non-compliant purposes, you may face administrative penalties, criminal penalties, third-party claims, or other legal consequences. The Platform strictly prohibits such conduct, but all relevant liabilities shall be borne solely by you.

1.4 Compliance Statement and Warranties

(a) Geographic Service Restriction: The IP Service provided by the Platform does not support and is prohibited from being used within mainland China. We will continue to take reasonable technical measures to deny access from mainland China, including but not limited to IP blocking. You warrant that you will not, and have never, operated, accessed, or used the Service within mainland China.

(b) Lawful Purpose Warranty: You represent and warrant that your use of the Service is for lawful and legitimate business purposes, including e-commerce management, marketing promotion, data verification, security testing, and similar use cases. You shall strictly comply with all applicable laws and regulations, regulatory policies, and the terms of service and usage policies of any third-party website or platform you access. You understand and agree that any use of the Service in violation of the foregoing commitments shall constitute a material breach of this Agreement. Any consequences arising from your use of the IP Service, including but not limited to your operations, accessed content, or intended purposes, shall be borne solely by you. Such consequences may include, without limitation, account restrictions, account bans, data loss, property loss, legal disputes, or infringement of third-party rights.

(c) No Circumvention Service Confirmation: You expressly acknowledge and confirm that this product is not a “circumvention” product or service. You confirm, acknowledge, and shall strictly comply with applicable Chinese laws and regulations, including but not limited to the Interim Provisions of the People’s Republic of China on the Administration of International Networking of Computer Information Networks. You expressly understand and warrant that the Service is not, and shall not be, used as a tool for users in mainland China to access overseas network resources that are prohibited or restricted by Chinese laws and regulations. The Platform does not support and will not tolerate any illegal cross-border networking activities conducted through the Service.

(d) Prohibited Illegal Uses: You shall not use the Service for any hacking, fraud, malware distribution, intellectual property infringement, money laundering, pornography, gambling, or any other illegal or criminal activity, nor shall you use the Service to facilitate or assist any illegal conduct.

(e) Authenticity of Commitments: The representations and warranties you make herein are important preconditions for the Platform to provide the Service to you. If you violate any of the above warranties, such violation shall be deemed a material breach, and the Platform shall have the right to immediately terminate this Agreement and take all breach-handling measures set forth in Section 2.3 of this Agreement.

1.5 Tool-Based Nature and Neutrality Statement

You acknowledge that this product is a tool-based software product intended for compliant scenarios such as e-commerce marketing. Any operation or activity you conduct based on this product and the IP Service is independently decided and carried out by you. All legal consequences and commercial risks arising therefrom shall be borne solely by you. None of your actions represents the will, position, or views of the Platform or this product and shall not be associated with the Platform.

1.6 Service Nature and Disclaimer of Warranties

You acknowledge that the IP Service is provided as a network tool on an “as is” and “as available” basis. The Platform does not guarantee that the IP Service will be uninterrupted, timely, secure, accurate, lawful, or suitable for your specific purposes. The availability, speed, stability, and anonymity level of IP resources are affected by various factors, including the service quality of third-party suppliers, network conditions, and risk control policies of target websites. The Platform makes no warranty in this regard.

1.7 Amendments to this Agreement

The Platform has the right to modify this Agreement based on business development, technical updates, third-party supplier policies, or legal and compliance requirements. The amended Agreement will be published on the Platform. If you continue to use the IP Service after the amended Agreement becomes effective, you shall be deemed to have accepted the amended Agreement.

2. Authorization, Usage Rules, and Prohibited Conduct

2.1 Usage Rules

The Platform provides you with access and management interfaces for IP resources. You understand and acknowledge that:

(a) You may view relevant configuration information of purchased IP resources through the Platform interface, such as address, port, authentication information, and similar information.

(b) Risk of Independent Use: You acknowledge that it may technically be possible to use the above configuration information in environments or tools other than DuoPlus Cloud Phone. If you do so, you shall be deemed to have made such decision independently. The Platform does not provide any technical support, functional warranty, or stability commitment for such use. All consequences, risks, and liabilities arising from such use, including but not limited to the risks described in Section 1.3 of this Agreement, shall be borne solely by you.

(c) Compliance Warranty: Regardless of the technical means by which you use the IP resources, you must strictly comply with the prohibited conduct listed in Section 2.2 of this Agreement and all applicable laws.

2.2 Prohibited Conduct

Without the Platform’s prior written permission, you shall not, and shall ensure that you do not, use the Service to engage in any conduct including but not limited to the following:

(a) Illegal or Infringing Use: Using the Service for any activity that violates laws or regulations, such as fraud, hacking, cyber fraud, malware distribution, intellectual property infringement, or dissemination of illegal or non-compliant information.

(b) Bypassing or Undermining Risk Control: Using the Service to bypass or undermine the security measures, access restrictions, anti-fraud mechanisms, or anti-abuse mechanisms of any website, platform, or service.

(c) Service Interference: Conducting any activity that may interfere with, disrupt, overload, or damage the IP Service, third-party supplier networks, or Platform systems, such as flood attacks or port scanning.

(d) False Representation: Using the IP Service, without explicit authorization, to impersonate another geographic location or identity for misleading or fraudulent activities.

(e) Resale and Commercial Exploitation: Reselling, renting, lending, subcontracting, or otherwise commercially reusing any IP resources obtained through the Service.

(f) False Advertising and Fraud: When operating accounts, conducting marketing, or carrying out commercial promotions, using modified IP locations or similar methods to falsify geographic location, impersonate others or local merchants, or mislead or deceive the public or platforms.

(g) Improper Benefit Acquisition: Using modified IP locations or similar methods to fraudulently claim local consumer subsidies, coupons, or participate in activities limited to specific regions.

(h) Other Violations: Any conduct that violates the DuoPlus User Agreement, this Agreement, or applicable laws and regulations.

(i) Abuse of Technical Access: You shall not use obtained IP resource configuration information for any conduct that damages the integrity, security, or commercial interests of the Platform’s services, including but not limited to reverse engineering, cracking, or interfering with Platform systems, or massively disclosing, transferring, or using such configuration information to develop or operate products that compete with the Service.

2.3 Handling of Breaches

In the event of a breach, the Platform has the right to take one or more of the following measures based on the severity of the circumstances, without assuming any liability:

1. Issue a warning and require correction within a specified period;
2. Temporarily or permanently restrict or freeze your use of the relevant IP Service or all Platform functions;
3. Immediately terminate your IP Service and DuoPlus account, with no refund of paid fees;
4. Hold you liable for breach of contract and require compensation for all losses, including but not limited to breach liabilities and damages provided under the DuoPlus User Agreement.

3. Fees, Payment, and Refunds

3.1 Fees and Payment

You shall pay fees in accordance with the prices, packages, and billing methods published by the Platform. Please complete payment in a timely manner after submitting an order.

The Platform provides an automatic renewal feature. If you select automatic renewal, you authorize us to automatically deduct the service fee for the next billing cycle from your payment account before the end of the original subscription period, unless you have cancelled the renewal before it occurs. If you wish to stop renewal, you shall complete the cancellation procedure before the end of the current subscription period in accordance with the Auto-Renewal Agreement.

You agree that we may adjust subscription prices at any time based on changes in business strategy or other reasons, and notify users through Platform push notifications or purchase pages within the DuoPlus console or client. If you do not agree to the new price, you may cancel automatic renewal before the new price takes effect in accordance with the Auto-Renewal Agreement. The automatic renewal price generally will not exceed the price of the previous subscription cycle, excluding any promotional discounts, unless otherwise notified.

3.2 Service Nature, Supplier Risk, and No-Refund Principle

Please pay special attention: the IP Service is an instant or continuously consumed network resource service, and its core resource, namely the IP address, is actually provided by a third-party supplier. Once the resource has been allocated, activated, or started to be measured for usage, the Service shall be deemed to have been provided.

Therefore, unless otherwise mandatorily required by law, all fees paid are non-refundable. This includes but is not limited to the following circumstances:

(a) You are dissatisfied with the IP speed, stability, success rate, or geographic location effect;

(b) The target website accessed through the IP Service changes its rules, resulting in IP failure or restrictions on related accounts;

(c) You terminate early due to changes in your own business, configuration errors, or your decision to stop using the Service;

(d) Your use or experience is affected due to service interruption, quality non-conformity, suspension of supply, or violation of a supplier’s own policies by a third-party supplier;

(e) Any other circumstance not directly caused by the Platform’s fault.

3.3 Settlement Authorization and Supplier Relationship

You understand and acknowledge that, based on its cooperation agreements with third-party suppliers, the Platform has the right to settle supplier costs from the amounts paid by you. You acknowledge and agree that the Platform is not the seller of the IP Service, and your payment constitutes a purchase of supplier services. The Platform acts only as the supplier’s settlement agent and technical access provider. Any dispute between you and the supplier shall be resolved by you and the supplier directly, but the Platform may provide necessary assistance upon reasonable request, such as providing transaction records.

4. Limitation of Liability and Indemnification

4.1 Limitation of Liability

(a) Independent Supplier Liability and Platform Exemption: IP resources are provided by third-party suppliers, who shall bear full responsibility for their quality, availability, legality, and operation. The Platform does not provide any warranty, guarantee, or joint liability for the performance capability, resource quality, service interruption, data leakage, illegal infringement, or any act or omission of any third-party supplier. For any issue caused by the IP resources themselves, such as large-scale failure, quality non-conformity, sudden interruption, or involvement in infringement, the Platform’s responsibility shall be limited to internal recourse under its agreement with the supplier and, to the extent technically feasible, reasonable efforts to coordinate with the supplier to resolve the issue or provide an alternative solution, such as replacing supplier nodes. The Platform does not guarantee the success of such coordination, and such coordination efforts shall not constitute the Platform’s admission or assumption of any liability.

(b) Disclaimer for Third-Party Consequences: The Platform shall not be liable for any indirect or consequential losses arising from restrictions, penalties, or investigations imposed on your accounts, devices, or activities by any third party, including but not limited to social media platforms, financial institutions, or regulatory authorities, as a result of your use of the Service.

(c) Liability Cap: To the maximum extent permitted by applicable law, the total cumulative liability of DuoPlus for any claim arising from this Agreement or the IP Service shall not exceed the total amount actually paid by you to DuoPlus for the IP Service during the twelve months preceding the event giving rise to the claim.

(d) Exclusion of Indirect Damages: The Platform shall not be liable for any indirect, incidental, punitive, or special damages, including loss of profits, business interruption, data loss, or loss of goodwill, regardless of whether the Platform has been advised of the possibility of such damages.

4.2 Your Indemnification Obligation

If your use of the IP Service violates this Agreement or infringes any third-party rights, causing the Platform, its affiliates, directors, employees, or agents to become involved in any claim, dispute, or incur any costs, including reasonable attorneys’ fees, settlements, and fines, you shall fully indemnify and hold DuoPlus and its related personnel harmless from any damage.

5. Intellectual Property and Confidentiality

All intellectual property rights in the technical interfaces, management interfaces, software code, documents, and all other related content provided by the Platform belong to the Platform or the relevant rights holders. You shall not copy, modify, reverse engineer, or create derivative works from such content. Both parties shall keep confidential any non-public technical or business information of the other party obtained during the performance of this Agreement.

6. Termination

6.1 Termination Events

This Agreement may be terminated under any of the following circumstances:

(a) You voluntarily stop using the Service and the service term or usage quota has been exhausted;

(b) You materially breach this Agreement and the Platform terminates it unilaterally;

(c) The Platform terminates the Service due to legal, policy, or business reasons, with prior notice where reasonably possible;

(d) Other circumstances provided by law.

6.2 Post-Termination Handling

After termination, you shall immediately stop using the Service. The Platform has no obligation to retain or provide any data generated during your use of the Service. Please back up such data in advance at your own discretion. Paid fees shall be handled in accordance with Section 3.2 of this Agreement.

7. Governing Law and Dispute Resolution

7.1

Both parties agree that this Agreement shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of laws rules. 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”) then in force, which rules are deemed to be incorporated by reference into this clause. The seat of arbitration shall be Singapore. The tribunal shall consist of one arbitrator. The language of the arbitration shall be English. The governing law of this arbitration agreement shall be Singapore law. The arbitral award shall be final and binding on both parties.

7.2

The User agrees and confirms that any arbitration or litigation shall not be conducted on a class, representative, or collective basis, including arbitration conducted by a private attorney general on behalf of others, even if one or more claims subject to arbitration or litigation were previously brought, or could have been brought, in court as a class, representative, or collective action.

7.3

The Platform has the right to apply to a court of competent jurisdiction for injunctive relief or other interim relief in urgent circumstances involving infringement or compliance risks. Such application shall not be deemed a waiver of the arbitration clause.

8. Miscellaneous

8.1 Entire Agreement

This Agreement, together with the DuoPlus User Agreement and other relevant policies published by the Platform, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements, communications, or understandings between the parties regarding such subject matter.

8.2 Severability

If any provision of this Agreement is determined by a competent judicial authority to be wholly or partially invalid, illegal, or unenforceable, such provision shall be limited, interpreted, or severed to the extent necessary to make it enforceable, without affecting the validity of the remaining provisions. The remaining provisions shall continue in full force and effect.

8.3 Reservation of Rights

The Platform’s failure or delay in exercising any right, power, or privilege under this Agreement shall not be deemed a waiver of such right. Any single or partial exercise of such right shall not preclude any further exercise of such right or the exercise of any other right.

8.4 Contact

If you have any questions, comments, or need to notify the Platform regarding this Agreement, please contact our customer support team through the following methods:

Email: support@duoplus.net

Official online customer service

8.5 Agreement Language and Text Validity

This Agreement may be provided in Chinese, English, and other language versions. In the event of any inconsistency or conflict between different language versions, the Chinese version shall prevail.