Recitals

1. WHEREAS, Honeygain has developed technology – an Application that allows users to share their Internet traffic with Honeygain and its clients via their device. The user’s device becomes a gateway that enables Honeygain to send traffic using the device and its Internet traffic. This shared Internet traffic will be used by Honeygain and its clients.
2. WHEREAS, Honeygain allows its users to monetize shared Internet traffic by modifying their device’s network sharing settings so they could become a gateway for Internet traffic. Subsequently, the user’s device is used as a gateway by Honeygain’s clients. These include (but are not limited to) companies specializing in web and market analytics, SEO monitoring, brand protection, market research, cybersecurity, etc.
3. WHEREAS, by installing the Application and agreeing to this Agreement, the user expresses their desire to utilize and monetize their Internet traffic. 

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. It is used to provide essential and relevant information regarding the Application, such as the number of accumulated 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. It also includes any updates, upgrades, bug fixes, patches, new releases, and 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 allows desktop users to share their Internet traffic through a method 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 Honeygain network’s digital asset that has value attributed to it by Honeygain and allocated to users’ accounts to compensate for the Shared traffic, Referrals, Coupons issued by Honeygain or anything else provided to the user as Earnings. The actual monetary value of your Earnings is calculated during payout by multiplying your Earnings by the applicable Conversion rate, as described in more detail in the Payouts section of this Agreement.

Sharing rate – the number of Earnings gained per 1GB of Shared traffic.

Conversion rate – the monetary value attributed to the Earnings during payout  and presented publicly on the website.

Clients – Honeygain’s business clients 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.).

Usage of Honeygain

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 Earnings that can be later paid out as described in 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 unaware of which specific users’ Internet traffic they are using, and the users don’t know which particular Client uses their Internet traffic. Typically, 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 restrict 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 various businesses might use your shared traffic 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 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. 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 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.

Responsibility of Usage

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 NO TECHNICAL MALFUNCTION OR OTHER TECHNICAL PROBLEM WILL OCCUR WITH YOUR PHONE OR OTHER DEVICE. THE APPLICATION IS DESIGNED TO OPERATE WITHOUT INTERFERING WITH YOUR NORMAL USE OF YOUR DEVICE, BUT WE DO NOT WARRANT THAT IT WILL DO SO IN ALL CIRCUMSTANCES. IF YOU ARE A CONSUMER RESIDENT IN THE EEA, SWITZERLAND OR THE UNITED KINGDOM, AND THE APPLICATION CAUSES DAMAGE TO YOUR DEVICE OR TO DATA ON IT, OUR LIABILITY IS DETERMINED BY APPLICABLE LAW AND IS LIMITED TO THE MAXIMUM AMOUNT PERMITTED.

External Service Providers

When using the Application, 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 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. Because Client requests reach the internet from your IP address, sharing Internet traffic may have the following consequences:

a) your internet service provider or mobile network operator may treat the sharing as a breach of its terms and may throttle, suspend or terminate your service;

b) you may incur data charges if you share over a metered or mobile connection, including increased data charges if you use your mobile connection while abroad;

c) your IP address may be added to third-party blocklists;

d) you may be shown CAPTCHA or other verification challenges more often, on any service you use from that connection;

e) you may be temporarily unable to reach some websites and online services, which may include streaming, retail, banking or government services; and

f) you may receive a complaint from your provider or a third party about traffic originating from your IP address.

For the avoidance of doubt, when using the Application: 

(a) You are responsible for charges levied by your internet service provider, mobile network operator or other connection provider, including charges arising from data used by the Application.

(b) We are not a party to your contract with your provider and have no control over its terms or its decisions, including any decision to throttle, suspend or terminate your service. That is a matter between you and your provider.

(c​) You confirm that you understand all of the risks indicated in the points a) to f) above, agree with such risks and have been informed about the possibility of reaching out to Honeygain in case any related questions arise.

Original and Third-Party Content

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 REGARD 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 LIABLE FOR ANY LOSSES, INJURIES, OR DAMAGES RESULTING FROM THE DISPLAY OR USE OF ANY CONTENT/MATERIALS PROVIDED WITHIN HONEYGAIN’S WEBSITE OR BLOG.

HONEYGAIN’S WEBSITE MAY CONTAIN LINKS TO WEBSITES OWNED BY THIRD PARTIES. HONEYGAIN DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH REGARDS TO THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, LEGALITY, ETC. OF ANY CONTENT/MATERIALS CONTAINED WITHIN SUCH THIRD-PARTY WEBSITES. BY ACCEPTING THIS AGREEMENT, YOU CONFIRM YOUR UNDERSTANDING THAT HONEYGAIN DOES NOT CONTROL THIRD-PARTY WEBSITES THAT MAY BE LINKED THEREIN. THAT IF YOU DECIDE TO VISIT SUCH THIRD-PARTY WEBSITES, YOU ARE DOING SO AT YOUR OWN RISK. WE ENCOURAGE YOU TO READ THE TERMS OF USE OF ANY SUCH THIRD-PARTY WEBSITE YOU DECIDE TO VISIT.

SHOULD USERS HAVE ANY QUESTIONS ABOUT THE 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 Through the Dashboard 

1. Once you reach the minimum withdrawal threshold ($20 or its equivalent), you will be able to request the payout of Earnings in your Dashboard.
   • 1.1. The minimum withdrawal threshold indicated above may not be applicable should you elect to use the platform of our partner JumpTask for the payouts. You can read more on this in the relevant section of the Agreement below (PAYOUTS THROUGH JUMPTASK).
2. You acknowledge that for Honeygain to pay out the accumulated Earnings, you may be required to validate your email (if you haven’t before) and provide us and/or our payment services providers with certain information (including personal information or identity verification), depending on your chosen payout method. You are solely responsible for the provision of current and relevant information. You understand that we may not be able to pay out any of your Earnings defined in this Agreement if you fail to provide such information or documentation or if the information or documentation you provide is not correct, complete, or up-to-date. You might also be unable to receive your Earnings if your country of residency does not support any of the payment methods Honeygain offers. Where applicable, Honeygain shall be entitled to deduct and withhold from any consideration payable such amounts as are required to be removed or withheld therefrom under any provision of applicable tax law or rules of our payment service providers.
3. All payout requests are processed through third party payment services providers. You acknowledge and agree that the processing of payouts may be subject to the terms of service, verification procedures or any other conditions imposed by these third party payment services providers. Honeygain shall not be responsible for any delays, failures, or inability to process a payout through a third party payment services provider which occur due to user’s error.  IF A PAYOUT REQUEST IS INITIATED BUT NOT SUCCESSFULLY TRANSFERRED TO YOU BY A THIRD PARTY PAYMENT SERVICES PROVIDER FOR ANY REASON (INCLUDING, BUT NOT LIMITED TO YOUR FAILURE TO COMPLY WITH THE THIRD PARTY SERVICES PROVIDER’S REQUIREMENTS) WITHIN A PERIOD OF THREE (3) MONTHS FROM THE DATE OF THE PAYOUT REQUEST, THE CORRESPONDING EARNINGS RELATED TO SUCH PAYOUT REQUEST MAY BE WRITTEN OFF BY HONEYGAIN. HONEYGAIN SHALL HAVE NO OBLIGATION TO RE-PROCESS, REINSTATE TO YOUR ACCOUNT, COMPENSATE FOR OR ATTEMPT TO FACILITATE THE PAYOUT OF SUCH WRITTEN-OFF EARNINGS.
4. You acknowledge that you are entirely responsible for the proper payment of all respective taxes associated with receiving Honeygain’s payments in your country.
5. Any claim for inaccurate payouts of your Earnings must reach us within 60 (sixty) days after the initial payout request.
6. Default functionality: The total Earnings (E) you have accumulated are displayed in the Dashboard. Earnings’ actual monetary value (M) is calculated during payout by multiplying the number of Earnings (E) and the applicable Conversion rate (CR). The amount of Earnings allocated depends on the applicable Sharing rate (SR) and the amount of Shared traffic you have managed to provide. Shared traffic (ST) is multiplied by the applicable Sharing rate (SR). A small amount of Internet traffic is used to operate Honeygain’s infrastructure. This amount is not deemed as Shared traffic.
   
   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 Earnings just by staying connected to the CD server(s). Every minute (m) of successful connection earns you the number of Earnings based on the CD Sharing rate (SR_CD) provided on Honeygain’s Dashboard.
   
   Formulas for the established above:
   (M = E x CR);
   Default functionality: (E = ST x SR)
   CD functionality: (E = m x SR_CD)
   
7. 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.
8. IF THE APPLICATION IS NOT USED BY THE USER FOR MORE THAN SIX MONTHS, THE EARNINGS ACCRUED BY SUCH USER SHALL BE DEEMED INVALID, EXPIRED AND WILL NOT BE PAID OUT. THE APPLICATION SHALL BE DEEMED UNUSED IF HONEYGAIN’S INFRASTRUCTURE DOES NOT REGISTER: A) ANY SHARED TRAFFIC OR B) PAYOUTS OF EARNINGS BY THE USER.
9. ONCE YOUR EARNINGS REACH THE MINIMUM WITHDRAWAL THRESHOLD OF $20, THEY REMAIN VALID FOR 24 MONTHS THEREAFTER. HONEYGAIN MAY WRITE OFF ALL EARNINGS THAT REACHED THIS THRESHOLD BUT WERE NOT PAID OUT BY THE USER WITHIN 24 MONTHS. HONEYGAIN SHALL HAVE NO OBLIGATION TO REINSTATE TO YOUR ACCOUNT, COMPENSATE FOR OR ATTEMPT TO FACILITATE THE PAYOUT OF SUCH EARNINGS.

Referrals

You may receive additional Earnings for recommending the Application to third parties by inviting them to use Honeygain through your personal referral link. You shall become a referrer after the invited third party registers an account on the Application. Details about gaining Earnings this way  are provided on the Dashboard, FAQ, and in our blog posts. Such Earnings are shown together with any Earnings accumulated for Shared traffic or other means and can be withdrawn as set out in  the Rules of Earnings and Payouts Through the Dashboard section above.

Payouts Through JumpTask 

Honeygain has partnered with JumpTask (‘JumpTask’) 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. 

To be able to request payouts for Earnings via JumpTask’s platform, you must first select 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 had 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, toggle the button, allowing you to switch your earnings between Honeygain and JumpTask (the button is located at the top of the Honeygain application home screen). After switching to JumpTask, you will receive a confirmation within the Honeygain application.

PLEASE NOTE THAT PAYOUTS YOU REQUEST VIA JUMPTASK’S PLATFORM ARE PROCESSED THROUGH JUMPTASK AND ARE SUBJECT TO THE PAYOUT METHODS AND OPTIONS AVAILABLE ON JUMPTASK’S PLATFORM. 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 AT 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.  

General Obligations 

In addition to other undertakings established in this Agreement, you also acknowledge and agree:

1. To maintain the accuracy of the information you have provided and promptly update it when needed to keep it true, accurate, and complete. This information can be displayed in the Dashboard and elsewhere where applicable. If you provide any information that is (or we have a reasonable concern it might be) untrue, outdated, or incomplete in any other way, we have the right to suspend or terminate your account or invalidate any Earnings accrued during your use of the Application.
2. Not to use the Application where your use of the Application would be illegal or otherwise violate any applicable law, rule, or regulation.
3. To hold full responsibility for the confidentiality of your account and its credentials. Your account may not be shared with other people, and you are only allowed to have one account.
4. To hold full responsibility for all activities that occur under your account. In case of unauthorized use of your account or any other security breach, you must notify Honeygain immediately.
5. To accept all risks and take full responsibility for all activities, charges, transfers, and damages that occur under your account and are related to your use of the Application, including but not limited to sharing your Internet traffic.
6. To not reproduce, copy, sell, trade, resell or exploit the Application or any of its parts for commercial purposes.
7. To only install and use the Application on devices you own. It is expressly forbidden and considered a material breach of this Agreement to install and use the Application on a device not owned exclusively by you.
8. To immediately cease using the Application, delete it from your devices, and have your access to the Application blocked by us if we become aware that your use of the Application could violate this Agreement or any law applicable to you.
9. To accept that the traffic sent through the same public IP address will be distributed among devices utilizing the same public IP address.

General Restrictions 

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:

1. Copy, reproduce, license, distribute, publicly perform or publicly display any part of the Application, reverse engineer or attempt to extract the source code of the Application, claim any ownership rights, sell, trade, resell or otherwise transfer or exploit the Application or any of our property for an unauthorized commercial purpose;
2. Modify, alter, or create any derivative works of the Application;
3. Try to interfere with Honeygain’s operation, disrupt any user, host, or network, try to access another user’s account, or access your account using any method not established in this Agreement, Dashboard, or Honeygain’s website;
4. Try to cheat, game, defraud, misinform, mislead, deceive or trick us in any way to accrue more Earnings or for any other reason;
5. Try to fraudulently and falsely manipulate and increase the number of Earnings accrued in your account;
6. Falsely increase your amount of Shared traffic in any way;
7. Try to connect more devices to Honeygain’s network than permitted;
8. Upload, post, email, transmit or otherwise make available any material that contains 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;
9. Impersonate any person/entity, falsely describe or otherwise misrepresent yourself, your age, your ability to agree with this Agreement, or your affiliation with any person/entity;
10. share Internet traffic in breach of the terms of your internet service provider, mobile network operator or other connection provider, or after you have ceased to be entitled to share the connection.

Additionally, Honeygain Application is restricted and cannot be used by any users located in one of the following countries: Cuba, Iran, North Korea, Syria, Russia, Belarus, occupied Ukraine regions of Luhansk, Donetsk and Crimea due to legal, regulatory and compliance requirements. We may change or update the list of prohibited countries at any time in response to regulatory changes, including sanctions issued by the Republic of Lithuania, the EU, the UN, the US or other regulatory or oversight bodies.

If any of these restrictions are breached, and cannot be cured by the user, Honeygain reserves the right to: i) suspend the user account and further use of the Application, ii) terminate the user account, and/or iii) withhold or write-off any Earnings accumulated under false pretenses, fraud or in breach of the Agreement.

Intellectual Property 

By agreeing to this Agreement, you also acknowledge and agree that the Application, Dashboard, and website (including any revisions, corrections, modifications, enhancements, or upgrades to it), accompanying materials, and any products, systems, programs, or processes, in whatever form, produced by Honeygain 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 rights, 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 by 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 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 (including 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.

* Honeygain trademarks are propriety marks registered in the USA and the EU. Honeygain trademarks also are protected as unregistered marks, business and tradenames in many jurisdictions where Honeygain provides
services.

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. 

NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES OUR LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) GROSS NEGLIGENCE OR WILFUL MISCONDUCT; OR (IV) ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

If you are a consumer resident in the EEA, Switzerland or the United Kingdom and an exclusion or limitation in this clause would not be binding on you under the law of your country of residence, that exclusion or limitation does not apply to you at all, and our liability to you is determined by that law. The remainder of this Agreement continues to apply.

SOME STATES IN THE US DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS IN THIS CLAUSE MAY NOT APPLY TO YOU IN FULL. IF YOU RESIDE IN THE UNITED STATES, OUR TOTAL LIABILITY UNDER THIS CLAUSE IS LIMITED TO THE GREATER OF (i) USD 100 AND (ii) THE TOTAL EARNINGS PAID OR PAYABLE TO YOU IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY.

Complaints procedure

If you have a complaint, contact us at HONEYGAIN SUPPORT. We will acknowledge it within 5 business days and give you a substantive response within 14 days, or tell you why we need longer and when to expect our reply.

If you are not satisfied with the resolution of your complaint, you may escalate to one of the institutions or courts as indicated below.

Arbitration Clause and Class Action Waiver 

(a) Scope and pre-dispute notice. This Arbitration Clause and Class Action Waiver applies only if you are a resident in the United States. It does not apply to consumers resident in the European Economic Area, Switzerland or the United Kingdom. Before commencing arbitration or any court proceeding, each of us will first send the other a written Notice of Dispute. You should send yours to our registered address; we will send ours to your registered email address. The Notice must give the sender’s name, registered email address and postal address, describe the dispute, state the relief sought and the amount claimed, and be signed personally by the sender. Neither of us may commence proceedings for 60 days after receipt, during which either may require a telephone settlement conference and any applicable limitations period is tolled.

(b) Arbitration. If the dispute is not resolved within that period, you and we agree that it will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules and, where they apply, its Mass Arbitration Supplementary Rules, in each case as in effect when the arbitration is commenced. Arbitration replaces proceedings in court, except that either of us may bring a qualifying individual claim in small claims court in the county of your residence, and either of us may seek injunctive relief in court to protect intellectual property or to prevent unauthorised access to or misuse of the Application. The Federal Arbitration Act governs this clause. The arbitrator, and not any court, has exclusive authority to decide all questions as to the scope, interpretation, enforceability, revocability and formation of this clause, including whether a dispute is arbitrable, except that a court decides the enforceability of paragraph (c). Fees are allocated under the applicable AAA consumer fee schedule, and the arbitration will be held in the county of your residence or, at your election where the rules permit, by telephone, by video, or on documents alone.

(c) Individual basis only; class action and jury trial waiver. ARBITRATION, AND ANY COURT PROCEEDING PERMITTED BY THIS CLAUSE, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR WE MAY BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION, OR ACT AS A CLASS REPRESENTATIVE OR CLASS MEMBER, AND EACH OF US WAIVES ANY RIGHT TO A JURY TRIAL. The arbitrator may award relief only in favour of the individual party seeking it, and only to the extent necessary to provide relief on that party’s individual claim. If this paragraph is held unenforceable as to a particular claim or remedy, that claim or remedy will proceed in court and the remainder of this clause continues to apply to all other claims. If it is held unenforceable in its entirety, this clause does not apply.

(d) Coordinated filings. Where 25 or more Demands for Arbitration raising similar claims are filed against us by or with the coordinated assistance of the same representative within any 90 day period, the AAA Mass Arbitration Supplementary Rules apply, and you and we agree that the Process Arbitrator appointed under those rules should give effect to the following: claims will proceed in batches of no more than 50 in the order filed; 5 cases selected from the first batch will be determined first as bellwethers; and the parties will attempt a global mediation informed by those outcomes before any further batch proceeds. Each Demand must be accompanied by an affirmation that the claimant is a registered User of the Application, that the information given for that claimant is true, and that the claimant has authorised the filing. Fees for a later batch are not incurred until that batch is initiated.

(e) Your right to opt out. You may reject this clause by sending notice to [email protected] within 30 days of the date this version of the Agreement takes effect, stating your name, your registered email address and that you decline arbitration. If you opt out, paragraphs (b) to (d) do not apply to you and disputes will be resolved in the courts identified in clause below. Opting out will not affect your account, your Earnings or your use of the Application in any way

Governing Law and Dispute Resolution 

The laws and other legal acts of Republic of Lithuania shall apply to this Agreement, its form, and interpretation. Unless any alternative dispute resolution procedure is agreed upon between the parties or is indicated in the Agreement, the parties agree to submit to the non-exclusive jurisdiction of the courts of the Republic of Lithuania regarding any dispute that arises out of or under this Agreement.This clause applies to the extent it is permitted under the laws of the country a consumer is a resident of.

If you are a consumer resident in the EEA, Switzerland or the United Kingdom, you may also bring proceedings in the courts of your country of residence, and we may bring proceedings against you only in the courts of your country of residence.

If you are a consumer resident in the EEA, Switzerland or the United Kingdom you may also launch a complaint to State Consumer Rights Protection Authority, at [email protected] or via their address at A. Goštauto str. 12, Vilnius LT-01108, Lithuania, or the relevant authority in their country of residence.

Entire Agreement 

This Agreement represents the entire understanding and agreement between the Parties with respect to the subject matter hereof. It supersedes any and all previous discussions, communications, announcements, or previous agreements between the parties.

Confidential Information 

‘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.

Term

This Agreement shall be considered commenced on the date the user confirms their acceptance of 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.

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.

Your rights as a consumer

If you are a consumer habitually resident in the European Economic Area, Switzerland or the United Kingdom, nothing in this Agreement limits or excludes any right you have under the mandatory consumer protection law of your country of residence. Where a provision of this Agreement conflicts with such a right, that right prevails and the provision does not apply to you to the extent of the conflict. Where a provision of this Agreement is more favourable to you than that law, the provision applies.

Right of withdrawal

As a consumer habitually resident in the European Economic Area, Switzerland or the United Kingdom, you have the right of withdrawal from the Agreement in accordance with the procedure set out below:

1. You have the right to withdraw from this Agreement within 14 days of the day it is concluded, without giving a reason.
2. To exercise it, tell us clearly that you are withdrawing, by email to [email protected]. It is enough that you send your notice before the period expires.
3. If you withdraw, we will confirm receipt without delay. Withdrawal ends this Agreement, and Earnings accrued before withdrawal remain payable to you in accordance with the Agreement. 

Force Majeure

Neither party is liable for any failure or delay in performing its obligations caused by an event beyond its reasonable control, including natural disaster, war, civil unrest, act of government, failure of a public telecommunications network, or large-scale failure of internet infrastructure. The affected party must notify the other as soon as reasonably practicable and use reasonable efforts to resume performance.