Terms of Use

Last updated: March 24, 2023

These Terms of Use, referred to as the "Agreement," establish a legal contract between Packetshare.io, hereinafter referred to as "Packetshare," "we," "our," or "us," and individuals who agree to these terms, hereinafter referred to as "Users," "you," or "your."

This Agreement governs access to and use of the Packetshare application, referred to as the "Application," across various devices, including personal computers, mobile phones, and others, and entails all legal consequences arising therefrom.

By installing the Application and clicking "I agree to the Terms of Use," you acknowledge that you have read and agree to the terms of this Agreement and the Privacy Policy, and consent to be legally bound by them, including all updated versions that may be periodically modified as needed.

Please read the terms of this Agreement carefully: it contains information about your legal rights, remedies, and obligations. These include various limitations, exclusions, and dispute resolution terms if any.

If you do not agree to this Agreement or our Privacy Policy, please do not install the Application or cease accessing it, remove it from your device, and refrain from providing any content or personal information to the website, dashboard, or application.

You are unable to use the Application and accept the terms of this Agreement if you fall into any of the following categories:

• You are below the legal age in your country of residence or otherwise incapable of entering into the binding agreements envisaged by this Agreement under the law. In such a case, you may only use Packetshare after notifying the team via services@packetshare.io and providing parental or legal guardian consent before installing the Application;
• You are prohibited from using the Packetshare application or similar products under applicable laws (including the laws of your country of residence or the country where you use the application);
• You are prohibited from entering into agreements similar to this Agreement under legal agreements with your internet service provider, mobile service provider, etc., which otherwise govern how you share your internet traffic, IP, and device resources;
• You are currently developing or have developed competing products and intend to access the application for competitive purposes (e.g., monitoring availability, performance, or functionality).

We reserve the right to modify the terms of this Agreement or the pricing information/methods specified on the Packetshare website, user dashboard, or this Agreement at any time. If the Agreement is modified in the manner described above, Packetshare will immediately publish the revised version on the website.

The revised Agreement becomes effective and binding immediately upon being posted on the website. If Packetshare makes significant changes to this Agreement concerning the parties' relationship or obligations, we will endeavor to notify users of these changes in advance via email, user dashboard, or social media accounts.

Revisions will take effect within 7 days after such notification. If the changes are unacceptable to you, your sole and exclusive remedy is to terminate this Agreement and cease using the Application through the procedure described herein.

We continuously strive to improve our application and therefore reserve the right to change or update it at any time.

Preamble

Whereas, Packetshare has developed a technology, an application, that allows users to share their internet traffic with Packetshare and its clients through their devices. The user's device becomes a gateway through which Packetshare can utilize the device and its internet traffic to send traffic. This shared internet traffic will be used by Packetshare and its clients.

Whereas, Packetshare allows its users to monetize the shared internet traffic by modifying the network sharing settings of their devices, enabling them to become gateways for internet traffic. Subsequently, the user's device is utilized as a gateway by Packetshare's clients, which include but are not limited to companies specializing in network and market analysis, SEO monitoring, brand protection, market research, network security, etc.

Whereas, by installing the application and agreeing to this agreement, users indicate their desire to utilize and monetize their internet traffic. Therefore, considering the foregoing and mutual promises contained in this agreement, and other valuable considerations, receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows:

Definitions Table

Usage of Packetshare

Once users install the application and agree to this agreement, they become part of the Packetshare user network, sharing their internet traffic with Packetshare and being rewarded with points. According to this agreement, these points can later be redeemed as earnings.

Being part of the Packetshare network means users are willing to share their internet traffic with Packetshare and its clients. Clients are unaware of the specific users whose internet traffic they are utilizing, and users are unaware of which specific clients are using their internet traffic. Typically, clients request internet traffic from specific countries (e.g., Brazil) or regions (e.g., South America). Packetshare may grant or deny such requests based on factors such as the required volume of traffic at the time of user participation, location, or Packetshare feature options.

Consistent with the above also means not all users can share the same amount of traffic, as it depends on the demand for their internet traffic. Additionally, if internet traffic from a specific location is in excess, Packetshare reserves the right to limit traffic sharing for specific users to protect the network from overutilization. To ensure the quality of internet traffic provided to clients and maximize the potential earnings of our users, we restrict the number of devices attributable to a specific IP address. We may also limit the usage types of IP addresses connected to the Packetshare network. These limitations may change and are always disclosed in our FAQ.

By using our application and agreeing to this agreement, you acknowledge and accept that your shared traffic may be utilized by various enterprises for different business cases. Some of these use cases may include ad verification, which may result in users seeing specific advertisements while browsing the internet. Other clients may collect data from the web, which may result in you being prompted to solve CAPTCHA challenges when accessing certain websites. Some of our clients may also use our services to access or provide streaming media services, etc.

If our clients utilize your device as an exit gateway to access the same platform where you have a streaming media platform account, then you may also experience temporary interruptions in the service.

Responsibility of Usage

While we strive to prevent any adverse consequences for our users, users are responsible for their ability to share internet traffic and their compliance with local laws, regulations, and agreements with third parties.

Packetshare provides the application "as is" to the maximum extent permitted by applicable law. You access and use the application at your own risk. you are solely responsible for your eligibility to use the application and share internet traffic.

Packetshare is not responsible for any and all representations and warranties, express or implied. We cannot and do not guarantee that using or being unable to use the application will produce any specific results. we do not declare or warrant the accuracy, completeness, reliability, currency, or error-free nature of the application and potential monetization results. We cannot guarantee that your phone or other devices will not experience technical malfunctions or other technical issues.

External Service Providers

When using the application, certain internet service providers may charge you for the internet traffic used, mobile data, and other related services. Packetshare is not liable for any additional charges related to shared traffic under any circumstances, pursuant to your internet service (or other service) provider's agreement. The use of the application may be prohibited or restricted by your service provider. The application may also not be compliant with the rules and policies of all service providers - therefore, you should confirm whether our application can be used with your service provider. All content/material on Packetshare's website and provided on the website is provided "as is." Packetshare makes no representations or warranties, express or implied, regarding the accuracy, completeness, reliability, or availability of any content/material published on the Packetshare website.

Original and Third-Party Content

By accepting this agreement, you acknowledge understanding that packetshare assumes no liability for any loss, injury, or damage resulting from the display or use of any content/material provided on its website.

Packetshare's website may contain links to websites owned by third parties. packetshare makes no representations or warranties, express or implied, regarding the accuracy, completeness, reliability, availability, legality, etc., of any content/material contained within these third-party websites. By accepting this agreement, you acknowledge understanding that packetshare does not control the third-party websites that may be contained therein, and if you decide to access these third-party websites, you do so at your own risk.

We encourage you to read the terms of use of any such third-party websites you decide to access. If users have any questions regarding the monetization of their internet traffic, including but not limited to any tax, technical, or internet service-related issues, they should seek professional advice.

References to any third-party products, services, processes, or other information, whether by name, trademark, manufacturer, supplier, etc., do not constitute or imply any endorsement, sponsorship, recommendation, or affiliation with us.

The Rules of Earnings and Payouts Through the Dashboard

Upon reaching the minimum withdrawal threshold ($0 or its equivalent), you will have the option to request a withdrawal of your earnings through your dashboard. It is understood that in order to receive payment for accumulated earnings, you may be required to verify your email address (if not previously verified) and furnish certain information to us and/or our designated payment service provider, depending on the chosen payment method (which may include personal information). You are solely responsible for ensuring the provision of up-to-date and accurate information.

• You understand that if you fail to provide such information or documents, or if the information or documents you provide are incorrect, incomplete, or untimely, we may not be able to pay any earnings defined in this agreement.
• You may also not receive your earnings if your country of residence does not support any of the payment methods offered by Packetshare. Where applicable, Packetshare reserves the right to deduct and withhold the corresponding amount from any compensation payable under applicable tax laws or the rules of our payment service provider.
• You acknowledge that you are solely responsible for properly paying all taxes related to receiving payments from Packetshare in your country.
• Any claims for inaccurately paid earnings must be made within 60 (sixty) days after the initial payment request. If a user does not use the application for more than six months, the points accumulated by that user will be considered invalid and expired. No earnings will be paid for such points. If Packetshare's infrastructure does not register shared traffic from the user, the application will be considered unused.
• We reserve the prerogative to modify the pricing regulations outlined herein, encompassing alterations to conversion rates and sharing rates. Furthermore, we may institute temporary restrictions on sharing rates or conversion rates, applicable for a finite duration, as elucidated within the dashboard.
• In instances where the application remains inactive for a period exceeding six months, any accrued credits attributed to the user shall be deemed null and void, thus expiring. No remuneration will be disbursed for such credits. the application shall be deemed unused if packetshare's infrastructure does not register any shared traffic from the user.

Referrals

You may be eligible for supplementary rewards by advocating for the Application to third parties through the dissemination of your personalized referral link, thereby inviting them to utilize Packetshare. Upon the successful registration of an account by the invited third party, you shall assume the role of a referrer, while the newly registered user shall be designated as the referee. Detailed terms concerning these additional rewards for referring third parties to use the Application are delineated within the Dashboard, FAQ section, and our blog posts. The accrued supplementary amounts resulting from referrals are amalgamated with personal earnings on the Dashboard and are subject to withdrawal in accordance with the Regulations Governing Earnings and Payouts Through the Dashboard outlined above. Any unused credits remaining beyond their designated period may be subject to expiration, except for the referral bonus.

General Obligations

In addition to other obligations stipulated in this agreement, you also acknowledge and agree to:

• Maintain the accuracy of the information you provide and update it promptly when necessary to keep it true, accurate, and complete. This information may be displayed on the dashboard and elsewhere as applicable. If any information you provide is (or we have reasonable concerns that it may be) untrue, outdated, or otherwise incomplete, we reserve the right to suspend or terminate your account or invalidate any earnings you obtained while using the application.
• Not use the application in a manner that would violate any applicable laws, rules, or regulations. Take full responsibility for the confidentiality of your account and its credentials.
• Your account must not be shared with anyone else, and you are only allowed to have one account
• Take full responsibility for all activities occurring under your account. If your account is used without authorization or if there are any other security vulnerabilities, you must notify Packetshare immediately.
• Accept all risks and take full responsibility for all activities, charges, transfers, and damages occurring under your account and related to your use of the application, including but not limited to sharing your internet traffic.
• Not copy, sell, trade, resell, or exploit the application or any part thereof for any commercial purpose.
• Install and use the application only on devices you own. Installation and use of the application on devices not exclusively owned by you without explicit authorization are strictly prohibited and considered a material breach of this agreement.
• Cease using the application immediately, delete it from your devices, and have us block your access to the application if we find that your use of the application may violate this agreement or any applicable laws pertaining to you.
• Accept that traffic sent via the same public IP address will be allocated between devices using the same public IP address.

General Restrictions

The user shall refrain from engaging in (or authorizing or permitting any third party to engage in) any of the following activities unless explicitly authorized in writing by Packetshare:

• Copying, reproducing, licensing, distributing, publicly performing, or publicly displaying any portion of the Application, reverse engineering, or attempting to extract the source code of the Application, claiming any ownership rights, selling, trading, reselling, or otherwise transferring or exploiting the Application or any of our property for an unauthorized commercial purpose is prohibited.
• Modifying, altering, or creating derivative works of the Application.
• Attempting to interfere with Packetshare's operation, disrupt any user, host, or network, accessing another user's account, or accessing your account using methods not established in this Agreement, Dashboard, or Packetshare's website.
• Engaging in cheating, gaming, defrauding, misinforming, misleading, deceiving, or attempting to trick Packetshare for the purpose of accruing more Credits/Earnings or for any other reason.
• Fraudulently and falsely manipulating or inflating the number of Credits/Earnings accrued in your account.
• Falsely increasing the amount of shared traffic in any manner.
• Connecting more devices to Packetshare's network than permitted.
• Uploading, posting, emailing, transmitting, or otherwise making available any material containing software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
• Impersonating any person/entity, providing false descriptions, or misrepresenting yourself, your age, your ability to agree with this Agreement, or your affiliation with any person/entity.

Intellectual Property

By agreeing to this agreement, you acknowledge and agree that the application, dashboard, and website provided to you by Packetshare (including any revisions, corrections, modifications, enhancements, or upgrades), accompanying materials, and any products, systems, programs, or processes created by Packetshare to provide the application to you in any form, are owned by Packetshare or its licensors and protected by copyright laws and treaties. You may not use, copy, or modify them without prior written consent from Packetshare. Furthermore, you acknowledge and agree that ownership, title, and interest in the website, application, dashboard, and other properties mentioned above, including related intellectual property (including but not limited to any patents (registered or pending), copyrights, trade secrets, text, designs, or trademarks) embodied or reflected in the website, application, or dashboard, are and shall remain the sole property of Packetshare or its licensors.

This agreement does not transfer any intellectual property or interest to you, but only grants you a limited, revocable, non-exclusive, non-transferable license, without the right to sublicense, to access and use the application, including downloading and installing copies of the application on devices owned and controlled by you, for the purpose of monetizing shared traffic. You may not upload or republish any part of the application to any internet, extranet, or intranet site, nor merge or compile information into any other database. We reserve all rights not expressly granted to you in this agreement. Unauthorized use of the application is strictly prohibited and constitutes a material breach of this agreement. The license may be revoked at any time, without notice, with or without cause.

Limitation of Liability

In no event shall either party be liable to each other or any other entity for any special, indirect, incidental, or consequential damages, whether based on any theory of liability (including negligence), and regardless of whether the core purpose of any limited remedy fails. The total liability of Packetshare under this agreement shall be limited to $100 or to the maximum extent permitted by applicable law.

Waiver of Class Action

To the extent permitted by applicable law, you and Packetshare agree that both parties may only bring claims or initiate representative or class actions as individuals rather than as plaintiffs or class members. No arbitrator or judge shall consolidate more than one person's claims or preside over any form of representative or class proceeding unless you and Packetshare both agree.

Governing Law and Dispute Resolution

The laws of England and Wales and other legal acts apply to this agreement, its form, and interpretation. Unless the parties agree to any alternative dispute resolution procedures, both parties agree to submit any disputes arising from or related to this agreement to the non-exclusive jurisdiction of the courts of England and Wales.

Entire Agreement

This agreement represents the entire understanding and agreement between the parties concerning the subject matter of this agreement and supersedes any and all prior discussions, communications, notices, or previous agreements between the parties.

Confidential Information

"Confidential Information" means all marked or unmarked materials, non-public, business-related written or oral information disclosed or provided directly or indirectly to you. You agree that if you access any Confidential Information, you will not copy, print, store, forward, collect in any other way, or disclose it to anyone.

Term

This agreement shall be effective from the date the user confirms acceptance of the terms of this agreement and shall continue until terminated. Either party may terminate this agreement at any time. Users may terminate this agreement by deleting their account and the application from their devices.

Miscellaneous

Our failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of that right or provision, whether in that instance or in any other instance. If any term of this agreement is found to be unlawful, invalid, or unenforceable for any reason, that term shall be deemed severable and shall not affect the validity and enforceability of the remaining terms. You may not resell, assign, or transfer any rights under this agreement. Any attempt to do so may result in the termination of this agreement without liability to the user. Notwithstanding the foregoing, we may assign this agreement to any affiliates at any time and as part of a sale of the business, with reasonable prior notice.