HONEYGAIN SDK TERMS OF SERVICE

These Honeygain SDK Terms of Service (referred to as 'Agreement') constitute a legal agreement between Honeygain.com ('Honeygain', 'we', 'our', 'us') and the person agreeing to these terms ('user', 'you', 'your') as established below in the Agreement.

This Agreement governs your installing of the Honeygain SDK on your device through the Amazetris application (‘Amazetris’). By enabling the Honeygain SDK through Amazetris, you agree to install it on your device and confirm that you have read and expressed your consent to the terms of this Agreement and Privacy Policy and that you agree to be legally bound by them, including all their updated versions as they may be amended from time to time as needed. If you do not agree with the Agreement and do not want it to apply to you - you should refrain from installing the Honeygain SDK on your device through Amazetris.

We reserve the right to amend the terms of this Agreement at any time. If the Agreement is amended, Honeygain will immediately post the amended version. The amended Agreement becomes active and binding once published.

Usage of Honeygain SDK

By installing Honeygain SDK on your device, you become a part of Honeygain's network of users. Becoming a part of Honeygain’s network means that you willingly share your device’s internet traffic with Honeygain and its clients. Clients are unaware of which specific users’ internet traffic they are using, and the users don’t know which particular client uses their internet traffic. Typically, a 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.

By installing Honeygain SDK and agreeing to this Agreement, you confirm your understanding and accept that various businesses might use your shared traffic for different business cases while you are using Amazetris. 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 clients might also use our service to access or provide streaming services.

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. 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 into preventing any detrimental consequences to our users, the user is responsible for their ability to share internet traffic and their compliance with local laws, regulations, and agreements with third parties.

Honeygain reserves the right to modify, suspend or discontinue, temporarily or permanently Honeigain SDK or any service to which it connects, with or without notice and without liability to you.

Limited Usage of the SDK

YOU CANNOT USE ENABLE HONEYGAIN SDK AND ACCEPT THE TERMS OF THIS AGREEMENT IF:

YOU ARE NOT OF LEGAL AGE IN THE COUNTRY OF YOUR OFFICIAL ADDRESS OR IN ANY OTHER WAY LEGALLY INCOMPETENT TO FORM A BINDING AGREEMENT AS INTENDED HEREIN. IN THIS CASE, YOU CAN ONLY ENABLE HONEYGAIN SDK IF YOU INFORM THE HONEYGAIN TEAM ABOUT YOUR SITUATION VIA HONEYGAIN SUPPORT AND PROVIDE PARENTAL OR LEGAL GUARDIAN CONSENT BEFORE ENABLING HONEYGAIN SDK AND AGREEING TO THE TERMS OF THIS AGREEMENT.

YOU ARE PROHIBITED FROM ENABLING HONEYGAIN SDK OR PRODUCTS OF SIMILAR TYPE UNDER APPLICABLE LAWS, INCLUDING THE LAWS OF YOUR COUNTRY OF RESIDENCY OR ONE YOU'RE USING THE HONEYGAIN SDK AT;

YOU ARE PROHIBITED FROM ENTERING INTO AGREEMENTS SIMILAR TO THIS AGREEMENT BY LEGAL AGREEMENTS WITH YOUR INTERNET SERVICE PROVIDER, MOBILE SERVICE PROVIDER, ETC., THAT, AMONG OTHER THINGS, GOVERN HOW YOU CAN SHARE YOUR INTERNET TRAFFIC, IP, AND DEVICE'S RESOURCES;

YOU ARE CURRENTLY DEVELOPING OR HAVE DEVELOPED A COMPETING PRODUCT AND INTEND TO ENABLE HONEYGAIN SDK FOR COMPETITIVE PURPOSES (E.G., MONITORING AVAILABILITY, PERFORMANCE, OR FUNCTIONALITY).

External Service Providers

In using Honeygain SDK, fees for used internet traffic, mobile data, and other related services might be applied to clients of certain internet service providers. Honeygain takes no responsibility for shared traffic-related or any additional costs you might experience by your internet service (or other services) provider’s agreement in any circumstances. The use of the applications similar to Honeygain SDK may be prohibited or restricted by your service provider. Honeygain SDK might also not be appropriate for all service providers’ rules and policies – therefore, you should confirm the ability to use Honeygain SDK with your service provider.

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 THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 

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 upon 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.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Termination

Honeygain reserves the right to terminate your use of the Honeygain SDK for any or no reason, including, without limitation, if we believe that you have violated or acted inconsistently with this Agreement. Honeygain shall not be liable to you or any third-party for any termination of your access to Honeygain SDK.

You may terminate this Agreement by deleting Amazetris and all copies thereof from your device.

Miscellaneous

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.

Last Updated: April 5, 2024