1. Acceptance of Terms
By accessing or using ProxyGuard, including its API, proxy infrastructure, dashboard, and related services (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”).
If you use the Service on behalf of an organization, you represent that you have authority to bind that organization.
If you do not agree, you must not use the Service.
2. Nature of the Service
ProxyGuard provides proxy and analytics infrastructure that forwards requests between customers and third-party artificial intelligence providers.
ProxyGuard:
- Does not provide artificial intelligence models
- Does not generate AI content
- Does not control or modify AI outputs
- Does not guarantee blocking, filtering, or enforcement of requests
ProxyGuard acts solely as a relay and infrastructure layer. Customers are solely responsible for their use of AI providers.
3. No Guarantee of Blocking, Limits, or Enforcement
The Service may provide safeguards, including:
- Spend limits
- Rate limits
- Usage caps
- Request blocking
- Monitoring tools
These safeguards are provided on a best-effort basis only.
ProxyGuard does not guarantee that safeguards will:
- Prevent all usage
- Prevent all charges
- Prevent unauthorized access
- Prevent excessive usage
- Prevent misuse
Failures may occur due to:
- Software errors
- Infrastructure failures
- Network failures
- Provider behavior
- Delayed enforcement
- System outages
- Misconfiguration
- Malicious activity
- Or any other reason
Customers remain fully responsible for all usage, charges, and activity associated with their accounts, regardless of whether safeguards function correctly.
ProxyGuard shall not be liable for any losses, damages, or charges resulting from safeguard failures.
4. Third-Party Providers
ProxyGuard forwards requests to third-party providers selected by customers.
ProxyGuard does not control and is not responsible for:
- Provider behavior
- Provider downtime
- Provider billing
- Provider errors
- Provider output
Customers are solely responsible for their use of third-party providers. ProxyGuard makes no warranties regarding third-party providers.
5. Account Security and Responsibility
Customers are solely responsible for:
- Securing their accounts
- Securing API keys
- Securing provider credentials
- Preventing unauthorized access
Any activity performed using customer credentials is deemed authorized by the customer. ProxyGuard is not liable for unauthorized use resulting from compromised credentials.
6. Service Availability and Reliability
ProxyGuard does not guarantee uninterrupted, error-free, or continuous operation.
The Service may experience:
- Downtime
- Delays
- Failures
- Interruptions
- Data delays
- Incomplete processing
ProxyGuard is not liable for any damages resulting from service interruptions.
7. Measurement and Usage Accuracy Disclaimer
Usage measurements, analytics, and cost calculations are estimates provided for operational purposes.
ProxyGuard does not guarantee accuracy.
Discrepancies may occur due to:
- Provider reporting differences
- Timing differences
- Technical limitations
- System delays
Customers remain responsible for all charges incurred through their AI providers.
8. Customer Responsibility for All Charges
Customers are solely responsible for all charges incurred through:
- Their ProxyGuard account
- Their provider accounts
- Their API keys
- Their credentials
This responsibility applies regardless of whether ProxyGuard safeguards function correctly.
ProxyGuard is not responsible for any provider charges.
9. No Warranty
The Service is provided “as is” and “as available.”
To the maximum extent permitted by law, ProxyGuard disclaims all warranties, including:
- Fitness for a particular purpose
- Merchantability
- Non-infringement
- Reliability
- Availability
- Accuracy
ProxyGuard does not guarantee the Service will prevent unauthorized usage or charges.
10. Limitation of Liability
To the maximum extent permitted by law, ProxyGuard and New Horizon Code PTY LTD shall not be liable for any:
- Indirect damages
- Financial losses
- Loss of profits
- Loss of revenue
- Loss of data
- Service interruptions
- Provider charges
- Unauthorized usage
- Safeguard failures
- Limit failures
- Billing inaccuracies
- Infrastructure failures
This limitation applies regardless of cause, including negligence.
ProxyGuard’s total liability shall not exceed:
- The amount paid by the customer to ProxyGuard in the previous 12 months, or
- AUD $100 if no fees were paid
whichever is greater.
11. Indemnification
Customers agree to indemnify and hold harmless ProxyGuard and New Horizon Code PTY LTD from any claims, damages, or losses arising from:
- Customer use of the Service
- Customer misuse of the Service
- Customer failure to secure credentials
- Customer use of AI providers
- Customer violations of law
12. Customer Assumes All Risk
Customers use the Service entirely at their own risk.
Customers acknowledge that ProxyGuard is infrastructure software and may fail. Customers agree not to rely on ProxyGuard as a guaranteed safeguard against usage, billing, or access.
13. Suspension and Termination
ProxyGuard may suspend or terminate accounts at any time for any reason, including:
- Security concerns
- Abuse
- Legal requirements
- Risk to infrastructure
We are not liable for damages resulting from suspension.
14. Force Majeure
ProxyGuard is not liable for failures caused by events beyond reasonable control, including:
- Infrastructure failures
- Internet outages
- Provider failures
- Natural disasters
- Government actions
- Cyberattacks
15. Changes to the Service
ProxyGuard may modify or discontinue the Service at any time without liability.
16. Changes to Terms
We may update these Terms at any time. Continued use of the Service constitutes acceptance of updated Terms.
17. Governing Law
These Terms are governed by the laws of Queensland, Australia. Customers submit to the exclusive jurisdiction of Queensland courts.
18. Entire Agreement
These Terms constitute the entire agreement between customers and ProxyGuard.