These Terms of Use (“Agreement”) are between you (“your”, “User”) and Pawns.app (“Pawns.app”, “Application”, “us”, “our”, “we”). The Agreement dictates the access to and use of the Application, in whichever way it is accessed and/or used – via personal computers, phones, or any other devices, with all legal implications that stem from it. By installing the Application and clicking the “I agree with the Terms of Use” checkbox, you agree that you have read and confirmed your consent to the terms of this Agreement, that you’re legally bound by it, including any updated version as they may be periodically revised as stated below.

Please read this Agreement carefully, as it covers important information regarding your legal rights, obligations, and remedies. These include different limitations and exclusions, as well as a dispute resolution clause which governs how disputes will be resolved. If you do not consent to the terms of this Agreement and/or our Privacy Policy, please refrain from installing our Application, stop accessing the Application, remove the Application from your devices, and do not provide content or any personal information on the website, the Dashboard, or the Application.

You do not have the right to use the Application and may not accept the terms in this Agreement if:

• You’re below the legal age in the country you reside in, or you’re legally incompetent in any other way to form a binding agreement as intended herein;
• If you’re below the legal age or you’re legally incompetent in any other way to form a binding agreement as intended herein, you need to notify Pawns.app at [email protected] and present a parental or legal guardian consent prior to installing the Application and agreeing to the terms of the Agreement;
• You are prohibited from using the Application under any applicable laws, including the laws of your country of residence or from which you use the Application;
• Legal agreements with your internet or mobile service provider (etc.) prohibit you from entering agreements similar to this one by defining how you can share your internet traffic, IP address, and device resources, among other things. You’re developing or have developed a competing product and plan to access the Application for the purpose of monitoring behavior, availability, performance, and/or functionality or for any other competitive purpose.

We reserve our right to alter the terms in this Agreement and/or the pricing information and method detailed in Pawns.app’s website Dashboard at any time. In case the Agreement is amended as described, we will post an updated version of it in our website, at which time it becomes active and binding.

In case Pawns.app alters the Agreement in a way which will be deemed material to the relations and/or obligations of the parties by Pawns.app’s sole decision, we will inform you of these changes in advance via e-mail, your account in the Dashboard, or via our social media accounts and other established communication channels. This amendment becomes effective within 7 (seven) days of the notice. If you find an amendment unacceptable, your sole and exclusive remedy is to terminate this Agreement by following the established procedure in the Agreement and by terminating your use of the Application.

As we continuously strive to improve the Application, we reserve the right to modify and/or update the Application at any time.

Recitals

• WHEREAS, Pawns.app has developed an Application that enables Users to share their internet traffic via their device with Pawns.app and its Clients. The User’s device becomes a gateway which allows Pawns.app to send and receive internet traffic. This traffic is used by Pawns.app and its Clients.
• WHEREAS, Pawns.app enables Users to sell shared internet traffic by modifying their device’s network settings to be used as a gateway for internet traffic. Additionally, the User’s device acts as a gateway for Pawns.app’s Clients, including companies that specialize in web and market research, SEO, brand protection, content delivery, cybersecurity, etc.
• WHEREAS, by installing the Application and agreeing to this Agreement, the User desires to monetize their internet traffic.

NOW, THEREFORE, considering the foregoing and the included mutual promises in this document, and for other good and valuable consideration, the reception and sufficiency of which is hereby acknowledged, both Parties hereby agree to the following:

Table of definitions

Application – the latest version of the Application made available by Pawns.app to the User pursuant to this Agreement, along with any software (source code and object code), programs, libraries, tools, APIs, files, data, Application specification, documentation, updates, upgrades, bug fixes, new releases, patches, and new versions of any of the foregoing which may be made available by Pawns.app to the User pursuant to this Agreement.

Dashboard – the main communication channel between Pawns.app and the Users that is used to convey relevant information in relation to the Application, such as Earnings, pricing, crucial notices, etc.

User – the individual that provides Shared traffic through their devices with Pawns.app (and/or Clients) in exchange for Earnings.

Shared traffic – the internet traffic that the User has shared with Pawns.app (and/or Clients) through the User’s device.

Earnings – the amount calculated according to the pricing rules established in this Agreement and payable to the User by Pawns.app.

Clients – business Clients and associates of Pawns.app that use the Shared traffic for numerous business purposes – gathering data from the web, market analysis, talent acquisition, brand protection, etc.

Pawns.app

By installing the Application and agreeing to the terms described in this Agreement, the User becomes a part of the Pawns.app network of Users who share their internet traffic with Pawns.app in exchange for Earnings.

Becoming a part of thePawns.app network confirms that the User shares their internet traffic willingly with Pawns.app and Clients. Clients do not know which specific User is sharing the internet traffic they’re using, nor do the User knows which Client is using their internet traffic. The Client requests traffic that can be shared from a particular country (i.e., Germany) or a specific region (i.e., Europe). Pawns.app can either grant or decline these requests based on the quantity, location, and/or functionality options of Users that engage in Pawns.app’s network at that time.

In accordance with the above, this also means that it’s not possible for all Users to share the exact same amount of traffic with Pawns.app and Clients. The amount of traffic a User can share depends on the demand for the User’s traffic.

This also means that Pawns.app retains the right to restrict the sharing of internet traffic of certain Users in case there’s a surplus of internet traffic supply from a specific location. This is done to protect the Pawns.app network from overutilization. To ensure the quality of internet traffic delivered to Clients, as well as to maximize the possible profit for Users, Pawns.app limits the number of devices per single IP address to one. Pawns.app may additionally limit the usage of certain IP address types connected to the Pawns.app network. These limitations are subject to change and are always disclosed by Pawns.app. The User can access and use the Application only with a valid residential IP address. Pawns.app does not allow Users to utilize any servers, VPNs, or proxy services with the Application.

By using the Application and agreeing to the terms stated in this Agreement, the User agrees that Shared traffic can be used by businesses with different business cases. Some of these use cases can include advertisement verification, which could result in the User getting specific ads while browsing the internet. Other Clients can gather data from the internet, which might result in Users getting CAPTCHA prompts when accessing certain websites. Some Clients may use the service to access and/or provide streaming and similar services. There’s a slight possibility that the User has a specific streaming service account, and a Client utilizes the User’s device as an exit gateway for the same platform. In this case, the User shall not be able to access the service for a limited period. Pawns.app puts in a lot of effort to prevent any similar situations. However, the Users have to bear some risks of inability to use their device or a specific service for some time or limited ability to share internet traffic, as well as risks caused by potential incompliance with local laws, regulations, or agreements with any third parties.

Disclaimers

Pawns.app provides the Application as is. The Application is provided without any kind of warranties, expressed or implied, to the maximum extent permitted by applicable law. The User is accessing and using the Application at their own risk and is solely responsible for their eligibility to use the Application and share their internet traffic. Pawns.app disclaims any and all warranties and representations, expressed or implied. Pawns.app does not guarantee and does not promise any specific results from the use or the inability to use the Application. Pawns.app does not warrant that the Application or possible monetization results are accurate, reliable, complete, current, or error-free. Pawns.app cannot guarantee that no technical malfunctions or problems with your device will not occur.

When the User is using the Application, their internet service provider’s internet traffic, mobile data, and/or other related fees may apply. Pawns.app cannot be held responsible in any circumstances for Shared traffic fees or any other costs the User may incur in accordance with agreements with their internet service provider. The Application use might be prohibited or restricted by the User’s service provider or applicable laws. The Application may not be compatible with all service providers’ policies and regulations. The User should confirm the ability to use the Application with their service provider.

Pawns.app’s website, as well as any and all information provided within the website, including information and/or content published on the Pawns.app blog, is provided as-is. Pawns.app disclaims any and all warranties and representations, express or implied, regarding the completeness, accuracy, reliability and/or availability of any content and/or materials published on the Pawns.app website and/or Pawns.app blog. All content published on the Pawns.app blog is exclusively for informational purposes. The User confirms they understand that Pawns.app will not be responsible for any losses, damages, or injuries resulting from displaying or using content and/or materials published on the Pawns.app website and/or Pawns.app blog.

The Pawns.app website can contain links to websites owned and operated by third parties. Pawns.app disclaims any representations and warranties, express or implied, regarding the completeness, accuracy, reliability, legality, or availability of any content and/or information contained within these third-party websites. The User confirms they understand that Pawns.app has no control over third-party websites which may be linked therein. If a User chooses to visit a third-party website, they are doing so at their own risk. Pawns.app encourages Users to read the terms of use when visiting any third-party website.

The User should obtain professional advice on their own in case they have any questions regarding monetization of internet traffic, tax, technology, or internet service.

References to any third-party services, products, processes, offers, or any other information, by trademark, trade name, manufacturer, supplier, or otherwise, doesn’t establish or imply Pawns.app’s endorsement, sponsorship, recommendation, or any affiliation.

Earnings and payment rules

• Once the User reaches the minimum withdrawal threshold (5 USD for PayPal and BTC), they’ll be able to request a payout via the Dashboard.
• For Pawns.app to payout the accumulated Earnings, the User may be required to validate their e-mail (if not done previously) and provide Pawns.app and the payment service providers with personal and other information which depends on the User’s preferred payment method. The User is responsible for providing information that is accurate and up-to-date. The User understands that it may not be possible for Pawns.app to provide the User with any Earnings in accordance with this Agreement in case the User fails to provide the necessary information or in case the information is not accurate, complete, and up-to-date. The User may not be able to receive their accumulated Earnings if their country of residence doesn’t support Pawns.app’s offered payment methods. Pawns.app is entitled to deduct or withhold any amounts required to be deducted or withheld therefrom under any provisions of applicable tax law our Pawns.app’s payment service providers rules.
• The User acknowledges that they’re solely responsible for the payment of all the respective taxes in their country associated with receiving Pawns.app’s payments.
• Any claim of Earnings not paid in full must be sent to Pawns.app within 60 (sixty) days of the original payout request.
• Default functionality: The amount of Earnings the User has accumulated on your Pawns.app account is displayed in the Dashboard. The value of Earnings is expressed in USD. A small amount of the User’s internet traffic is used to ensure the operation of Pawns.app’s infrastructure. This is not considered Shared traffic. Pawns.app reserves the right to introduce additional fees for recurrent payment requests in case the User does not receive a payment through no fault of Pawns.app. The User is responsible for making sure they’re able to receive their Earnings through the payment services supported by Pawns.app.
• Pawns.app reserves the right to change the pricing rules. Pawns.app may establish a temporary Sharing rate limit that would be active for a limited amount of time as disclosed in the Dashboard.

General obligations

In addition to the User’s other undertakings established in this Agreement, the User also acknowledges and agrees:

• To maintain and update the information provided by the User which is displayed in the Dashboard and elsewhere, where applicable, in order to keep it accurate, true, and complete. If the User provides any information that is not true, current, or incomplete in any way, or if Pawns.app believes the provided information is such, Pawns.app preserves the right to suspend or terminate the User’s account and/or invalidate any Earnings that were accumulated during the use of the Application.
• To not use the Application if their use of the Application is illegal or would otherwise violate any applicable law, rule, or regulation.
• That the User is solely responsible for the confidentiality of their account and its credentials. The User’s account cannot be shared with other individuals. Each User is allowed to operate only one account.
• That the User is solely responsible for any and all activities occurring under their account. The User will immediately inform Pawns.app in case of any unauthorized use of the User’s account or any other security breach.
• To accept all risks and takes complete responsibility for all activities, damages, and transfers occurring under their account, which are related to their use of the Application, including, but not limited to, sharing of the User’s internet traffic.
• That the User is not allowed to reproduce, copy, trade, sell, resell, or exploit in any way for any commercial purposes the Application or any of its parts.
• To only install and use the Application on devices owned by the User and in the Internet networks legally used by the User. Installing and using the Application on a device not owned exclusively by the User or on the Internet network that the User is not legally permitted to use is forbidden and considered a breach of this Agreement.
• That in case Pawns.app becomes aware the User is using the Application in a way that violates this Agreement or any applicable law, the User agrees to immediately stop using the Application and remove it from their devices. Pawns.app preserves the right to prevent the User from accessing the Application in this case.
• That the traffic sent through a single public IP address will be distributed between devices utilizing the same IP address.
• User’s failure to meet General obligations listed above or violation of General restrictions listed below may result in User’s denial from all and any Application services, User’s account suspension, or account removal without any notice.

General restrictions

Unless expressly authorized in written form by Pawns.app, the User will not directly perform nor authorize any third party to perform the following:

• Copy, license, reproduce, distribute, perform publicly, or publicly display any part of the Application, attempt to extract or reverse engineer the Application’s source code, claim any ownership right, or trade, sell, resell, transfer, or exploit in any other way for unauthorized commercial purpose any of Pawns.app’s property;
• Alter, modify, or create any derivative works of the Application;
• Attempt to interfere with Pawns.app’s operation, disrupt any User, host, network, or try to access another User’s account, or access the User’s own account via any method not established in the Dashboard, website, or this Agreement;
• Attempt to cheat, misinform, defraud, mislead, or deceive Pawns.app in any way with the purpose of accruing more Earnings or for any other reason;
• Attempt to manipulate fraudulently and falsely increase the amount of Earnings the User has actually accumulated;
• Increase the Shared traffic falsely in any way;
• Attempt to connect more than the allowed number of devices to Pawns.app’s network;
• Upload, e-mail, post, transmit, or make available in any other way, any material containing software viruses or any other computer code, computer programs, or files created to interrupt, destroy, or limit the usability and functionality of any computer hardware, software, or telecommunications equipment;
• Falsely impersonate any person or entity, falsely state or misrepresent themselves, their age, their ability to agree with the terms stated in this Agreement, or their affiliation with any person or entity.

Intellectual property

By accepting the terms listed in this Agreement, the User acknowledges and agrees that the Application, website, and Dashboard, including any revisions, modifications, corrections, upgrades, and/or enhancements, accompanying materials, as well as any product systems, processes, or programs, in whatever form, created by Pawns.app for the purpose of providing the Application to the User, are the property of Pawns.app or its licensors, protected under copyright laws and treaties. This property may not be used, copied, or modified in any way without prior written consent from Pawns.app. The User further acknowledges and accepts that all rights and titles, and interest in and to the website, Dashboard, Application, and any other property mentioned above, including associated intellectual property rights (hereinafter – “Intellectual property”), including but not limited to any patents (registered or pending), copyrights, texts, trade secrets, designs, or trademarks, evidenced by, embodied in, and/or in any way attached, connected, or related to the Application, Dashboard, or website, are and will remain owned exclusively by Pawns.app and/or its licensors.

This Agreement does not transfer any right or interest in Pawns.app’s Intellectual property to the User, but only a limited, revocable right of usage according to the terms listed in this Agreement. No part of this Agreement constitutes a waiver of Pawns.app’s Intellectual property rights under any law. To the extent the User provides feedback to Pawns.app (hereinafter – “Feedback”), Pawns.app shall have exclusive, royalty-free, worldwide, fully paid up, perpetual, irrevocable license to incorporate this Feedback into any Pawns.app’s current or future products, services, or technologies, and use it for any purpose, all without compensation to the User and without the User’s approval.

License

The User confirms they understand that the Application is provided solely for their personal, non-commercial use. Provided that the User is eligible to use the Application and agrees with the terms listed in this Agreement, the User is granted a limited, revocable, non-exclusive, and non-assignable license, without any right to sub-license, access, and use the Application, including downloading and installing a copy of the Application to the devices owned and controlled by the User, for the purpose of monetizing Shared traffic. The User may not upload or republish the Application or any of its parts on any internet, intranet, or extranet site or compile or incorporate the information in any database. Pawns.app reserves all rights to Intellectual property (including but not limited to the Application) not expressly granted to the User in this Agreement. Any use of the Application other than specifically described and authorized herein, without Pawns.app’s prior written permission, is strictly prohibited and will lead to the termination of the granted license. The license is revocable without notice and with or without cause at any time.

Limitation of liability

In no event will either party will be liable or responsible to each other or any other entity for any special, incidental, consequential, or indirect damages, however caused, on any theory of liability (negligence included), and notwithstanding any failure of essential purpose of any limited remedy. Pawns.app’s total liability under or arising from this Agreement will be limited to $100 or to the extent permitted by applicable law.

Class action waiver

Where permitted under the applicable law, the User and Pawns.app agree that each may raise claims against the other only in their individual role and not as a plaintiff or a class member in any implied class or representative action. Unless both the User and Pawns.app agree, no judge or arbitrator may consolidate more than one person’s claim or preside in any other way over any form of a class proceeding or a representative.

Governing law and dispute resolution

The laws and/or other legal acts of Belize will apply to this Agreement, its form, and interpretation. Unless an alternative dispute resolution plan is agreed between the parties. Parties agree with exclusive jurisdiction of the Courts of Belize in respect of any dispute which may arise out of or under this Agreement.

Complete agreement

This Agreement represents the full understanding and consent between the parties regarding the subject matter hereof. It supersedes any and all previous communications, discussions, announcements, and/or previous agreements established between the parties.

Confidential information

“Confidential information” means all non-public material and business-related information, written or oral, whether or not it is marked as such. Confidential information may be disclosed or made available to the User, directly or indirectly, via any means of communication or observation. The User agrees that if they access confidential information, they will not copy, store, print, forward, or collect in any other way the confidential information and shall not disclose the confidential information to anyone.

Term

This Agreement is considered commenced on the date the User confirms they accept the terms of this Agreement as described above and shall continue until termination. Both parties reserve the right to terminate this Agreement at any time. The User may terminate this Agreement by deleting their account and/or Application from their devices.

Miscellaneous

Pawns.app’s failure to exercise or enforce any right or provision from this Agreement will not constitute abandonment of such right or provision in that or any other instances. If a provision of this Argument is deemed unlawful, void, or unenforceable for any reason, that provision will be considered severable from this Agreement without any effect on the validity and enforceability of any of the other provisions. The User may not resell, transfer, or assign any of their rights hereunder. Any effort to do so might result in termination of this Agreement without prior notice. Notwithstanding the foregoing, Pawns.app may assign this Agreement to any affiliate at any time with reasonable prior notice and otherwise as part of a sale of the business.