YOU CANNOT USE THE APPLICATION AND ACCEPT THE TERMS OF THIS AGREEMENT IF:
We reserve the right to amend the terms of this Agreement or the pricing information/method specified on Honeygain's website, user's Dashboard, or herein at any time. If the Agreement is amended as explained above, Honeygain will immediately post the amended version on the website. The amended Agreement becomes active and binding once published on the website.
If Honeygain changes this Agreement in a way that's significant in terms of the parties' relations or obligations, it will endeavor to inform its users of these changes in advance by email, via their User Dashboard, or social media pages. The amendment will become effective within 7 days of such notice. If the alteration is unacceptable to you, as your sole and exclusive remedy, you may terminate this Agreement by following the procedure established herein and ceasing the use of the Application.
We continuously strive to improve our Application – therefore, we reserve the right to change or update it at any time.
NOW, THEREFORE, in consideration of the preceding and mutual promises herein, and for other good and valuable consideration, the receipt, and the sufficiency of which at this moment is acknowledged, the Parties hereby agree as follows:
TABLE OF DEFINITIONS
Dashboard – the primary tool of communication between Honeygain and its users. Used to provide essential and relevant information regarding the Application, such as the number of accumulated credits, earnings, pricing models, important notices, etc. The Dashboard can be accessed through https://dashboard.honeygain.com .
Application – the most recent version of the Application made available by Honeygain to its users, including any software (source code and object code), programs, tools, libraries, APIs, data, files, Application specifications, and documentation. Also includes any updates, upgrades, bug fixes, patches, new releases, new versions of any of the previous that may be made available by Honeygain to its users under this Agreement.
Content Delivery (CD) – Honeygain’s functionality that allows its desktop users to share their Internet traffic through a method that’s different from the default one. With CD, the user’s device is used to reach more bandwidth-intensive content (such as images, videos, audio, streaming services, heavy websites, IPTV, etc.) upon their consent. There are separate rules for earning and receiving payouts with CD.
Shared traffic – the amount of Internet traffic shared by a particular user and used by Honeygain (or its Clients) through the user's device.
Earnings – the amount of money the user earns in a specific period of time. It is calculated in accordance with the pricing rules established herein and paid to the user by Honeygain.
Credits – the Honeygain network's digital asset that has value attributed to it by Honeygain. Allocated to users' accounts to compensate for the Shared traffic.
Sharing rate – the number of Credits earned per 1GB of Shared traffic.
Conversion rate – the monetary value attributed to the Credits and presented publicly on the website.
Clients – Honeygain’s business clients that use the traffic shared by the users to gather publicly available web data for various business purposes (e.g., pricing, brand or market analysis, ad verification, etc.).
Having installed the Application and agreed to this Agreement, the user becomes a part of Honeygain's network of users that share their Internet traffic with Honeygain and are awarded Credits. Credits can be later paid out as Earnings following this Agreement.
Becoming a part of Honeygain’s network means that the user willingly shares his Internet traffic with Honeygain and its Clients. Clients are not aware of which specific users’ Internet traffic they are using, and the users don’t know which particular Client uses their Internet traffic. Normally, the Client requests Internet traffic from a specific country (e.g., Brazil) or region (e.g., South America). Honeygain can either grant or deny such requests depending on the desired quantity of traffic, location, or Honeygain functionality options available to users participating in the network at the time.
Keeping in accordance with the above also means that not all users will be able to share the same amount of traffic, as it depends on whether there is demand for their Internet traffic. Moreover, if there is a surplus of Internet traffic coming from a specific location, Honeygain retains the right to limit traffic sharing for particular users to protect the network from overutilization. To guarantee the quality of Internet traffic to Clients and maximize the potential profit for our users, we limit the number of devices that can be attributed to a specific IP address at a single instance. We might also limit the usage types of IP addresses connected to Honeygain's network. These limitations can change and are always disclosed in our FAQ.
By using our Application and agreeing to this Agreement, you state that you understand and accept that your Shared traffic might be used by various businesses for different business cases. Some of these use cases might include advertisement verification which may result in the user seeing specific advertisements when browsing the Internet. Other Clients might gather data from the web, which may result in you getting asked to solve captchas when visiting certain websites. Some of our Clients might also use our service to access or provide streaming services, etc.
If you have a streaming platform account and our Client uses your device as an exit gateway to access the same platform, there is also an unlikely possibility that you could become unable to use said services for a limited amount of time. The Clients who use Honeygain for this particular use case would mainly use traffic generated by users who chose to utilize our CD functionality. While we do put reasonable effort to prevent any detrimental consequences to our users, it is the user who is responsible for their ability to share Internet traffic, as well as their compliance with local laws, regulations, and agreements with third parties.
HONEYGAIN PROVIDES THE APPLICATION 'AS IS'. THE APPLICATION IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, 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. HONEYGAIN DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED.
WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OR INABILITY TO USE THE APPLICATION. WE DO NOT STATE OR WARRANT THAT THE APPLICATION AND POTENTIAL MONETIZATION RESULTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE CANNOT GUARANTEE THAT NO TECHNICAL MALFUNCTION OR OTHER TECHNICAL PROBLEM WILL OCCUR WITH YOUR PHONE OR OTHER DEVICE.
When using the Application, fees for used Internet traffic, mobile data, and other related services might be applied for clients of certain Internet service providers. Honeygain takes no responsibility for Shared traffic-related or any additional costs you might experience in accordance with your Internet service (or other services) provider’s agreement in any circumstances. The use of the Application may be prohibited or restricted by your service provider. The Application might also not be appropriate for all service providers’ rules and policies – therefore, you should confirm the ability to use our Application with your service provider.
HONEYGAIN’S WEBSITE AND ALL CONTENT/MATERIALS PROVIDED ON THE WEBSITE, INCLUDING ANY CONTENT OR MATERIALS PUBLISHED ON HONEYGAIN’S BLOG, ARE PROVIDED ‘AS IS’. HONEYGAIN DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH REGARDS TO THE ACCURACY, COMPLETENESS, RELIABILITY, AND AVAILABILITY OF ANY CONTENT/MATERIALS PUBLISHED WITHIN HONEYGAIN’S WEBSITE OR BLOG.
ALL CONTENT/MATERIALS PUBLISHED ON HONEYGAIN’S BLOG ARE FOR INFORMATIONAL PURPOSES ONLY. BY ACCEPTING THIS AGREEMENT, YOU CONFIRM YOUR UNDERSTANDING THAT HONEYGAIN IS NOT BE LIABLE FOR ANY LOSSES, INJURIES, OR DAMAGES RESULTING FROM THE DISPLAY OR USE OF ANY CONTENT/MATERIALS PROVIDED WITHIN HONEYGAIN’S WEBSITE OR BLOG.
SHOULD USERS HAVE ANY QUESTIONS ABOUT MONETIZATION OF THEIR INTERNET TRAFFIC, INCLUDING BUT NOT LIMITED TO ANY TAX, TECHNOLOGY, OR INTERNET SERVICE-RELATED QUESTIONS, THEY SHOULD SEEK TO OBTAIN PROFESSIONAL ADVICE ON THEIR OWN.
References to any third-party products, services, processes, or other information by trade name, trademark, manufacturer, supplier, etc. do not constitute or imply any endorsement sponsorship, recommendation, or affiliation with us.
THE RULES OF EARNINGS AND PAYOUTS
Content Delivery (CD): If you opt in to CD functionality and successfully pass the queue to connect to the CD server(s), your device will earn Credits just by staying connected to the CD server(s). Every minute (m) of successful connection earns you the number of Credits based on the CD Sharing rate (SRCD) provided on Honeygain’s Dashboard.
Formulas for the established above:
(E = C x CR);
Default functionality: (C = ST x SR)
CD functionality: (C = m x SRCD)
6. WE RESERVE THE RIGHT TO CHANGE THE PRICING RULES ESTABLISHED HEREIN, INCLUDING BUT NOT LIMITED TO CONVERSION RATE AND SHARING RATE. WE MIGHT ALSO ESTABLISH TEMPORARY SHARING RATE OR CONVERSION RATE LIMITS THAT WOULD ONLY BE APPLICABLE FOR A LIMITED AMOUNT OF TIME AS DISCLOSED IN THE DASHBOARD.
7. IF THE APPLICATION IS NOT USED BY THE USER FOR MORE THAN SIX MONTHS, THE CREDITS ACCRUED BY SUCH USER SHALL BE DEEMED INVALID AND EXPIRED. THE EARNINGS WILL NOT BE PAID OUT FOR SUCH CREDITS. THE APPLICATION SHALL BE DEEMED UNUSED IF HONEYGAIN’S INFRASTRUCTURE DOES NOT REGISTER ANY SHARED TRAFFIC FROM THE USER.
PAYOUTS THROUGH JUMPTASK
Honeygain has partnered with JumpTask (‘JumpTask’) in order to offer you an alternative Earnings payout method using JumpTask’s platform. Should you elect to use JumpTask’s platform for this purpose, you will be able to request payouts through this platform without having to reach our minimum withdrawal threshold of 20 USD.
In order to be able to request payouts for Earnings via JumpTask’s platform, you must first select for Earnings in the Honeygain application to become eligible for payouts via JumpTask’s platform. PLEASE NOTE that this does not work retroactively, meaning that you will not be able to request payouts in JumpTask’s platform for any Earnings that you have earned within Honeygain’s application before the moment you selected to direct your Earnings towards JumpTask’s platform.
To start directing your Earnings towards JumpTask’s platform, simply toggle the button, allowing you to switch your earnings between Honeygain and JumpTask (the button is located at the top of Honeygain application home screen). After making the switch to JumpTask, you will receive a confirmation within the Honeygain application.
PLEASE NOTE, HOWEVER, THAT ALL PAYOUTS YOU REQUEST VIA JUMPTASK’S PLATFORM WILL BE DONE IN JUMPTOKENS. YOUR USE OF JUMPTASK’S PLATFORM IS SUBJECT TO JUMPTASK’S USER AGREEMENT. BEFORE USING JUMPTASK’S PLATFORM, MAKE SURE THAT YOU HAVE READ AND UNDERSTOOD THEIR USER AGREEMENT. SHOULD YOU DECIDE TO USE JUMPTASK’S PLATFORM, YOU WILL BE DOING SO IN YOUR SOLE RISK AND HONEYGAIN WILL NOT BE IN ANY WAY RESPONSIBLE OR LIABLE FOR YOUR RELATIONSHIP WITH JUMPTASK OR ANY ISSUES THAT YOU MAY HAVE WITH IT.
In addition to other undertakings established in this Agreement, you also acknowledge and agree:
The user will not directly do (or authorize or permit any third party to do) any of the following unless expressly authorized in writing by Honeygain:
By agreeing to this Agreement, you also acknowledge and agree that the Application, Dashboard, and website (including any revisions, corrections, modifications, enhancements, or upgrades thereto), accompanying materials, and any products systems, programs, or processes, in whatever form, produced by Honeygain in order to provide the Application to you are owned by Honeygain or its licensors and protected under copyright laws and treaties, and may not be used, copied, modified without a preceding written consent of Honeygain. You further acknowledge and agree that all right, title, and interest in and to the website, Application, Dashboard and other property described above, including associated intellectual property rights (hereinafter – 'Intellectual property') (including, without limitation, any patents (registered or pending), copyrights, trade secrets, texts, designs, or trademarks), evidenced by or embodied in or attached or connected or related to the website, Application or Dashboard are and shall remain owned solely by Honeygain or its licensors.
This Agreement does not convey to you any right to or interest in our Intellectual property, but only a limited, revocable right of use in accordance with the terms established in this Agreement. Nothing in this Agreement constitutes a waiver of our Intellectual property rights under any law. To the extent you provide any feedback to Honeygain (hereinafter – 'Feedback'), Honeygain shall have an exclusive, royalty-free, fully paid-up, worldwide, perpetual, and irrevocable license to incorporate the Feedback into any of Honeygain’s current or future products, technologies, or services, and use it for any purpose, all without further compensation to you and without your approval.
License. You confirm your understanding that the Application is provided only for your personal, non-commercial use. Provided that you are eligible to use the Application and agree with the terms of this Agreement, you are granted a limited, non-exclusive, revocable, and non-assignable license, without the right to sublicense, to access and use the Application, including the right to download and install a copy of the Application to the devices you own and control, for the purpose of monetization of Shared traffic. You may not upload or republish any part of the Application on any Internet, extranet, or intranet site, nor incorporate or compile the information in any other database. We reserve all rights to our Intellectual property (included but not limited to the Application) not expressly granted to you in this Agreement. Any use of the Application, which has not been specifically authorized herein, is strictly prohibited without our preceding written permission and will terminate the license granted. The license is revocable at any time without notice and with or without cause.
LIMITATION OF LIABILITY
IN NO EVENT WILL EITHER PARTY BE LIABLE TO EACH OTHER OR ANY OTHER ENTITY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE) AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. HONEYGAIN’S TOTAL LIABILITY UNDER OR ARISING OUT OF THIS AGREEMENT WILL BE LIMITED TO $100 OR TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
CLASS ACTION WAIVER
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND HONEYGAIN AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND HONEYGAIN AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIM OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
GOVERNING LAW AND DISPUTE RESOLUTION
The laws and other legal acts of England and Wales shall apply to this Agreement, its form, and interpretation. Unless any alternative dispute resolution procedure is agreed between the parties, the parties agree to submit to the non-exclusive jurisdiction of the Courts of England and Wales regarding any dispute that arises out of or under this Agreement.
This Agreement represents the entire understanding and agreement between the Parties with respect to the subject matter hereof and supersedes any and all previous discussions, communications, announcements, or previous agreements between the parties.
'Confidential Information' means all material, non-public, business-related, written or verbal, marked or not marked information that is disclosed or made available to you directly or indirectly, through any means of communication or observation. You agree that if you access any Confidential Information, you will not copy, print, store, forward, otherwise collect, or disclose it to anyone.
This Agreement shall be considered commenced on the date the user confirms their acceptance with the terms of this Agreement as described above and continue until termination. Each party may terminate this Agreement at any time. The user may terminate this Agreement by deleting their account and Application from their devices.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from this Agreement without any effect on the validity and enforceability of the remaining provisions. You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this Agreement without liability to use. Notwithstanding the foregoing, we may assign this Agreement to any affiliate at any time with reasonable prior notice and otherwise as part of a sale of the business.