Updated: 2019.08.25
These Packity Terms of Use (the “Agreement”) are between Packity.com (the “packity”, “us”, “we”, “our”) and the person agreeing to these terms as established below in the Agreement (“user”, “you”, “your”).
This Agreement governs access to and use of the Application, however accessed and / or used, whether via personal computers, mobile phones or other devices or otherwise, together with all the legal implications stemming from it. By installing the Application and clicking “I agree with Terms of Use”, you confirm that you have read and express your consent to the terms of this Agreement and Privacy Policy, and that you agree to be legally bound by them, including their updated versions as they may be amended from time to time as provided below.
PLEASE READ TERMS OF THIS AGREEMENT CAREFULLY AS THEY CONTAIN INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES (IF ANY) WILL BE RESOLVED. IF YOU DO NOT AGREE TO THIS AGREEMENT OR OUR PRIVACY POLICY PLEASE DO NOT INSTALL OUR APPLICATION AND / OR STOP ACCESSING THE APPLICATION, REMOVE THE APPLICATION FROM YOUR DEVICE AND DO NOT PROVIDE ANY CONTENT OR PERSONAL INFORMATION IN THE WEBSITE, DASHBOARD OR THE APPLICATION.
YOU ARE NOT ENTITLED TO USE THE APPLICATION AND MAY NOT 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;
• IF YOU ARE BELOW LEGAL AGE OR IN ANY OTHER WAY INCOMPETENT TO FORM A BINDING AGREEMENT AS INTENTED HEREIN YOU MUST INFORM PACKITY AT [email protected] AND PROVIDE PARENTAL OR LEGAL GUARDIAN CONSENT BEFORE INSTALLING THE APPLICATION AND AGREEING TO THE TERMS OF THIS AGREEMENT;
• YOU ARE A PERSON PROHIBITED FROM USING OR RECEIVING PACKITY APPLICATION OR SIMILAR TYPE OF PRODUCTS UNDER APPLICABLE LAWS, INCLUDING THE LAWS OF THE COUNTRY IN WHICH YOU ARE RESIDENT OR FROM WHICH YOU USE THE APPLICATION;
• LEGAL AGREEMENTS WITH YOUR INTERNET SERVICE PROVIDER, MOBILE SERVICE PROVIDER ETC., PRECLUDE YOU FROM ENTERING INTO AGREEMENTS SIMILAR TO THIS AGREEMENT BY, AMONG OTHER THINGS, GOVERNING HOW YOU ARE ABLE TO SHARE YOUR INTERNET TRAFFIC, IP AND DEVICE RESOURCES.
• YOU ARE DEVELOPING OR HAVE DEVELOPED A COMPETING PRODUCT AND INTEND TO ACCESS THE APPLICATION FOR PURPOSES OF MONITORING AVAILABILITY, PERFORMANCE OR FUNCTIONALITY OR FOR ANY OTHER COMPETITIVE PURPOSES.
We reserve the right to amend the terms of this Agreement and / or the pricing information / method detailed in the Dashboard or packity’s website or herein at any time. If the Agreement will be amended as described above, packity will post an amended version of it in the website. The amended Agreement becomes active and binding once posted in the website.
If packity changes this Agreement in a way which by sole decision of packity will be deemed material to the relations and / or obligations of the parties, then packity will endeavor to inform you of these changes in advance by e-mail or through your account in the Dashboard or through our media accounts. Such amendment will become effective within 7 days of such notice. If an amendment is unacceptable to you, you may, as your sole and exclusive remedy, terminate this Agreement by following the procedure established in this Agreement and by ceasing the use of the Application.
We continuously strive to improve our Application, therefore, we reserve the right to change and / or update the Application at any time.
RECITALS
1. WHEREAS, packity has developed technology – an Application that allows users, via their device, to share their internet traffic with packity and its customers. User’s device becomes a gateway that allows packity to send traffic by using user’s device and its internet traffic. This shared internet traffic will be used by packity and its customers.
2. WHEREAS, packity allows users to monetize shared internet traffic, by modifying user’s device network sharing settings so they could become a gateway for internet traffic. Subsequently, user’s device is used as a gateway by packity’s customers, who, among others, include companies that specialize in web and market analytics, SEO monitoring, brand protection, market research, etc.
3. WHEREAS, user by installing the Application and agreeing to this Agreement desires to monetize and utilize its internet traffic.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:
TABLE OF DEFINITIONS
Dashboard – the principle communication tool between packity and its users. Used to provide important and most relevant information regarding the Application, such as accumulated Credits, Earnings, pricing models, important notices, etc. The Dashboard can be accessed through here.
Application – the current version of the Application made available by packity to user pursuant to this Agreement, including any software (source code and object code), programs, tools, libraries, APIs, data, files, Application specifications, documentation and any updates, upgrades, bug fixes, patches, new releases, new versions of any of the foregoing that may be made available by packity to users pursuant to this Agreement.
Shared traffic – The amount of internet traffic that the user has shared and packity has used through user’s device.
Earnings – means the amount calculated in accordance with the pricing rules established herein and payable to the user by packity.
Credits – digital asset of packity’s network that is allocated to user’s account for the Shared traffic and has value attributed to it by packity.
Sharing rate – the amount of Credits gained per 1GB of Shared traffic.
Conversion rate – the monetary value attributed to Credits as provided in the website.
Clients – packity’s business clients that use the traffic shared by users for various business purposes i.e. gathering data from the web for pricing, brand, market analysis, verifying advertisement efficiency, etc.
PACKITY
User having installed Application and agreeing to the terms of this Agreement will become part of packity network of users that share their internet traffic with packity and are awarded Credits. Credits can be later paid out as Earnings in accordance with the terms of this Agreement.
Becoming part of packity network means that user willingly shares his internet traffic with packity and Clients. Clients do not know which users’ internet traffic they are using, nor users know which Client uses their internet traffic. Normally, the Client requests for internet traffic that could be shared from a specific country (i.e. Brazil) or region (i.e. South America) and packity can either grant or deny such requests depending on the quantity and location of users that participate in packity’s network at the time.
In accordance with the above, it also means that not all users will be able to share the same amount of traffic, as it essentially depends on whether there is demand for their internet traffic or not. Moreover, it also means that if there is a surplus of supply of internet traffic from specific location, packity retains the right to limit the sharing of internet traffic of specific users to protect packity network from overutilization. In order to ensure the quality of internet traffic to Clients and to maximize the possible 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 packity network. These limitations can change and are always disclosed in our FAQ.
By using our Application and agreeing to the terms of this Agreement, you understand and agree that Shared traffic might be used by various business with various business cases. Some of them might include advertisements verification which may result in the user getting specific advertisement when browsing the internet. Other Clients might gather data from the web which might later result in users getting captchas when attending certain websites. User is responsible for his ability to share internet traffic and his compliance with local laws, regulations and agreements with third parties.
DISCLAIMERS
PACKITY PROVIDES THE APPLICATION “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. YOUR ACCESS TO AND USE OF THE APPLICATION IS AT YOUR OWN RISK, YOU ARE SOLELY RESPONSIBLE FOR YOUR ELIGIBILITY TO USE THE APPLICATION AND SHARE INTERNET TRAFFIC. PACKITY 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 REPRESENT OR WARRANT THAT THE APPLICATION OR POSSIBLE TO ACHIEVE MONETIZATION RESULTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE CANNOT GUARANTEE THAT NO TECHNICAL MALFUNCTION OR OTHER TECHNICAL PROBLEMS WITH YOUR PHONE AND / OR OTHER DEVICE WILL NOT OCCUR.
When using the application your internet service provider’s used internet traffic, mobile data and other related rates and fees might apply. Packity takes no responsibility in any circumstances for Shared traffic costs or any other costs that you might incur in accordance with your internet service or other service provider’s agreement. The use of the Application may be prohibited or restricted by your service provider and the Application might not be applicable with all service providers’ rules and policies. Therefore, you should confirm the ability to use our Application with your service provider.
USERS SHOULD OBTAIN THEIR OWN PROFESSIONAL ADVICE SHOULD THEY HAVE ANY QUESTIONS ABOUT MONETIZATION OF THEIR INTERNET TRAFFIC, INCLUDING, WITHOUT LIMITATION, PERTAINING TO ANY TAX, TECHNOLOGY OR INTERNET SERVICE QUESTIONS.
References to any third party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply our endorsement sponsorship or recommendation, or any affiliation with us.
EARNINGS AND PAYOUT RULES
1. Once you have reached the minimum withdrawal threshold – 10 USD or equivalent value, you will be able to request the payout of Earnings via the Dashboard.
2. You acknowledge that in order for packity to payout the accrued Earnings, you may be required to validate your email (if it was not done beforehand) and provide us and our payment services providers with personal and other information depending on your chosen payment method. You are solely responsible for the provision of up to date and accurate information. You understand that we may not be able to provide you with any Earnings in accordance with this Agreement, should you fail to provide such information or documentation, or if such information or documentation is not correct, complete or up-to-date. You might also not be able to receive your accrued Earnings if the country you are residing in does not support packity’s payment methods. Where applicable, packity shall be entitled to deduct and withhold from any consideration payable such amounts as are required to be deducted or withheld therefrom under any provision of applicable tax law or our payment service providers rules.
3. You acknowledge that you are solely responsible for the proper payment of all the respective taxes in your country associated with reception of packity’s payments to you.
4. Any claim for Earnings not paid accurately must be received by us within 60 (sixty) days of the initial payout request.
5. The amount of Earnings you have accrued will be displayed in the Dashboard together with amount of Credits associated with your personal account. The monetary value of Earnings is calculated by multiplying Credits (C) and the applicable Conversion rate (CR). The amount of Credits allocated to you depend on the applicable Sharing rate (SR) and the amount of Shared traffic you have managed to provide. The Shared traffic (ST) is multiplied by applicable Sharing rate (SR). A small amount of internet traffic is used for the operation of infrastructure of packity, this amount is not considered Shared traffic.
Formulas for the established above:
(Earnings = C x CR)
(C = ST x SR)
1. WE HAVE THE RIGHT TO CHANGE THE PRICING RULES ESTABLISHED HEREIN INCLUDING, BUT NOT LIMITED TO, CONVERSION RATE, SHARING RATE.
2. IF THE APPLICATION IS UNUSED BY THE USER FOR MORE THAN SIX MONTHS THEN THE CREDITS ACCRUED BY SUCH USER SHALL BE DEEMED INVALID AND EXPIRED AND THE EARNINGS WILL NOT BE PAID OUT FOR SUCH CREDITS. THE APPLICATION SHALL BE DEEMED UNUSED IF PACKITY’S INFRASTRUCTURE DOES NOT REGISTER ANY SHARED TRAFFIC FROM THE USER.
GENERAL OBLIGATIONS
In addition to your other undertakings established in this Agreement you also acknowledge and agree:
1. To maintain and promptly update in order to keep true, accurate and complete your information that you have provided and which is displayed in the Dashboard and elsewhere, where applicable. If you provide any information that is untrue, not current or in other ways not complete, or we reasonably believe that your provided information is such, we have the right to suspend or terminate your account and / or invalidate any Earnings that were accrued during your use of the Application.
2. You may not use the Application where your use of the Application would be illegal or otherwise violate any applicable law, rule or regulation.
3. That you are responsible for the confidentiality of your account and its credentials. Your account may not be shared with other people and you are allowed to have only one account.
4. That you are solely responsible for all activities that occur under your account. You will immediately notify packity of any unauthorized use of your account or any other breach of security.
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, the sharing of your internet traffic.
6. To not reproduce, copy, sell, trade, resell or exploit for any commercial purposes the Application or any of its parts.
7. You may only install and use the Application on devices owned by you. It is expressly forbidden and is considered a material breach of this Agreement to install and use the Application on a device that is not owned exclusively by you.
8. You agree that you will immediately cease using the Application and delete it from your devices and you agree that we may block your access to the Application if we become aware that your use of the Application would be in violation of this Agreement or any law applicable to you.
9. That the traffic sent through the same public IP address will be distributed among devices utilizing the same public IP address.
GENRAL RESTRICTIONS
User will not directly, nor authorize or permit any third party to do any of the following, unless expressly authorized in writing by packity:
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, or sell, trade, resell or otherwise transfer or exploit for unauthorized commercial purpose any of our property;
2. Modify, alter or create any derivative works of the Applications;
3. Try to interfere with packity’s operation, or disrupt any user, host or network, or try to access another user’s account, or access your account using any method not established in this Agreement, Dashboard or website;
4. In any way try to cheat, game, defraud, misinform, mislead, deceive or trick us in order to accrue more Credits or Earnings or for any other reason;
5. Attempt to fraudulently and falsely manipulate and increase the number of Credits or Earnings you have actually accrued;
6. In any way falsely increase the Shared traffic;
7. Attempt, in any way, to connect more than allowed number of devices to packity’s network;
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 or hardware or telecommunications equipment;
9. Impersonate any person or entity or falsely state or otherwise misrepresent yourself, your age, your ability to agree with the terms of this Agreement or your affiliation with any person or entity;
INTELLECTUAL PROPERTY
By agreeing to this Agreement, you also acknowledge and agree that the Application, Dashboard, website including any revisions, corrections, modifications, enhancements and/or upgrades thereto, accompanying materials, and any products systems, programs or processes, in whatever form, produced by packity in order to provide the Application to you are owned by packity or its licensors, and are protected under copyright laws and treaties and may not be used, copied, modified without prior written consent of packity. You further acknowledge and agree that all right and 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 and/or attached or connected or related to the website, Application or Dashboard are and shall remain owned solely by packity and/or its licensors.
This Agreement does not convey to you any right or interest in or to 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 packity (hereinafter – “Feedback”), packity shall have exclusive, royalty free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any packity’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 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 or 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 other than as specifically authorized herein, without our prior written permission, is strictly prohibited 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. PACKITY’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 PACKITY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND PACKITY 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 the State of Delaware United States of America 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 non-exclusive jurisdiction of the State of Delaware United States of America in respect of any dispute which arises out of or under this Agreement.
ENTIRE 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 and / or previous agreements between the parties.
CONFIDENTIAL INFORMATION
Confidential Information. "Confidential Information" means all material, non-public, business-related information, written or oral, whether or not it is marked that is disclosed or made available to you, directly or indirectly, through any means of communication or observation. You agree that if you access confidential information you will not, copy, print, store, forward or otherwise collect the confidential information, and will not disclose confidential information to anyone.
TERM
This Agreement shall be considered commenced on the date user confirms his acceptance with the terms of this Agreement as described above and shall continue until termination. Each party may terminate this agreement at any time. User may terminate this agreement by deleting his account and / or Application from his 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, then that provision shall be deemed severable from this Agreement and 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 business.
