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Bytemarket OU dba Traffmonetizer

Estonia, Harju maakond, Tallinn
Vesivärava tn 50-201, 10152
[email protected]
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Terms of service

The following terms and conditions govern all use of the traffmonetizer.com website and all content, services and products available at or through the website (further – Traffmonetizer). Traffmonetizer is offered subject to Your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Traffmonetizer’s Privacy Policy) and procedures that may be published from time to time on this Site by Traffmonetizer.

By accepting these Terms, or by accessing or using the Service or Site, You represent and acknowledge that You have read, understood, and agree to be bound by these Terms, and that the information You provide in registering to the Service is accurate, complete, and is Yours or within Your right to use. If You are entering into these Terms on behalf of a company or another legal entity, You represent that You have the authority to bind such entity and its affiliates to these Terms, in which case the terms “You,” “Your” or related capitalized terms herein shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not use the Service.

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 Traffmonetizer 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 Traffmonetizer 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 Traffmonetizer’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 Traffmonetizer alters the Agreement in a way which will be deemed material to the relations and/or obligations of the parties by Traffmonetizer’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, Traffomonetizer has developed an Application that enables Users to share their internet traffic via their device with Traffmonetizer and its Clients. The User’s device becomes a gateway which allows Traffmonetizer to send and receive internet traffic. This traffic is used by Traffmonetizer and its Clients.
  • WHEREAS, Traffmonetizer 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 Traffmonetizer’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:

 

Definitions

 

  • Dashboard – the primary tool of communication between Traffmonetizer and its users. Used to provide essential and relevant information regarding the Application, such as the number of accumulated credits, earnings, pricing models, important notices, etc.
  • Application  the latest version of the Application made available by Traffmonetizer 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 Traffmonetizer to the User pursuant to this Agreement.
  • User – the individual that provides Shared traffic through their devices with Traffmonetizer (and/or Clients) in exchange for Earnings.
  • Shared traffic – the internet traffic that the User has shared with Traffmonetizer (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 Traffmonetizer.
  • Clients – business Clients and associates of Traffmonetizer that use the Shared traffic for their business purposes – gathering data from the web, market analysis, talent acquisition, brand protection, etc.

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:

 

Description of service

The “Service” includes (a) the Site, (b) the on-demand Traffmonetizer platform, and (c) the other services provided to You through the Site based on the plan purchased, including all software, data, text, images, sounds, videos, and other content made available through the Site, or developed via the Traffmonetizer Platform (collectively, “Content”). Any new features added to or augmenting the Service are also subject to these Terms.

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

Becoming a part of the Traffmonetizer network confirms that the User shares their internet traffic willingly with Traffmonetizer 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., India) or a specific region (i.e., Europe). Traffmonetizer can either grant or decline these requests based on the quantity, location, and/or functionality options of Users that engage in Traffmonetizer’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 Traffmonetizer and Clients. The amount of traffic a User can share depends on the demand for the User’s traffic.

This also means that Traffmonetizer 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 Traffmonetizer network from overutilization. Traffmonetizer may additionally limit the usage of certain IP address types connected to the Traffmonetizer network. These limitations are subject to change and are always disclosed by Traffmonetizer. The User can access and use the Application only with a valid residential IP address. Traffmonetizer 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. Traffmonetizer 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

Traffmonetizer 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. Your access and use the application at your own risk. You are solely responsible for your eligibility to use the application and share internet traffic. Traffmonetizer disclaims any and all representations and warranties, whether express or implied.

We cannot guarantee and do not promise any specific results from the use of or inability to use the application. We do not state or warrant that the application and potential monetization results are accurate, complete, reliable, current, or error-free. we cannot guarantee that no technical malfunction or other technical problem will occur with your phone or other device.

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

Traffmonetizer’s website and all content/materials provided on the website, including any content and/or materials published on Traffmonetizer’s blog, are provided ‘as is’. Traffmonetizer disclaims any and all representations and warranties, whether express or implied, with regards to the accuracy, completeness, reliability, any availability of any content/materials published within Traffmonetizer’s website and/or blog.

All content/materials published on Traffmonetizer’s blog are for informational purposes only. By accepting this agreement, you confirm your understanding that Traffmonetizer is not be liable for any losses, injuries, or damages resulting from the display or use of any content/materials provided within Traffmonetizer’s website and/or blog.

Traffmonetizer’s website may contain links to websites owned by third parties. Traffmonetizer 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 Traffmonetizer does not control third-party websites that may be linked therein, and 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 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.

 

Earnings and payment rules

Once the User reaches the minimum withdrawal threshold (10 USD), they’ll be able to request a payout via the Dashboard.

For Traffmonetizer to payout the accumulated Earnings, the User may be required to validate their e-mail (if not done previously) and provide Traffmonetizer 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 Traffmonetizer 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 Traffmonetizer’s offered payment methods. Traffmonetizer is entitled to deduct or withhold any amounts required to be deducted or withheld therefrom under any provisions of applicable tax law our Traffmonetizer’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 Traffmonetizer’s payments.

Any claim of Earnings not paid in full must be sent to Traffmonetizer within 60 (sixty) days of the original payout request.

Default functionality: The amount of Earnings the User has accumulated on your Traffmonetizer 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 Traffmonetizer’s infrastructure. This is not considered Shared traffic. Traffmonetizer reserves the right to introduce additional fees for recurrent payment requests in case the User does not receive payment through no fault of Traffmonetizer. The User is responsible for making sure they’re able to receive their Earnings through the payment services supported by Traffmonetizer.

Traffmonetizer reserves the right to change the pricing rules. Traffmonetizer may establish a temporary Sharing rate limit that would be active for a limited amount of time as disclosed in the Dashboard.

 

If a user creates duplicate accounts we reserve the right to decline to pay the registration bonus within the payout amount.

Updated on 1 March 2024: we’re no longer provide a $5 bonus upon registration for all users.

 

Restricted countries or regions
  • Cuba: For regulatory reasons, users in this country are currently unable to access TraffMonetizer services.
  • Iran:  For regulatory reasons, users in this country are currently unable to access TraffMonetizer services.
  • North Korea:  For regulatory reasons, users in this country are currently unable to access TraffMonetizer services.
  • Syria:  For regulatory reasons, users in this country are currently unable to access TraffMonetizer services.
  • Ukraine (Crimea Region, DPR, LPR):  For regulatory reasons, users in this region are currently unable to access TraffMonetizer services.
  • Russian Federation:  For regulatory reasons, users in this region are currently unable to access TraffMonetizer services.
  • Republic of Belarus: For regulatory reasons, users in this region are currently unable to access TraffMonetizer services.

 

General obligations

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 Traffmonetizer:

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 and/or invalidate any Earnings accrued during your use of the Application.

Not to use the Application where your use of the Application would be illegal or otherwise violate any applicable law, rule, or regulation.

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.

To hold full responsibility for all activities that occur under your account. In case of any unauthorized use of your account or any other breach of security, you must notify Traffmonetizer immediately.

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.

To not reproduce, copy, sell, trade, resell or exploit the Application or any of its parts for any commercial purposes.

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 that is not owned exclusively by you.

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.

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

Unless expressly authorized in written form by Traffmonetizer, 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 Traffmonetizer’s property;

Alter, modify, or create any derivative works of the Application;

Attempt to interfere with Traffmonetizer’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 Traffmonetizer 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 Traffmonetizer’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 agreeing to this Agreement, you also acknowledge and agree that the Application, Dashboard, and 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 Traffmonetizer in order to provide the Application to you are owned by Traffmonetizer or its licensors and protected under copyright laws and treaties, and may not be used, copied, modified without a preceding written consent of Traffmonetizer. You further acknowledge and agree that all right, title, and interest in and to the website, Application, Dashboard and other property described above, including associated intellectual property rights (hereinafter – ‘Intellectual property’) (including, without limitation, any patents (registered or pending), copyrights, trade secrets, texts, designs, or trademarks), evidenced by or embodied in and/or attached or connected or related to the website, Application or Dashboard are and shall remain owned solely by Traffmonetizer and/or its licensors.

This Agreement does not convey to you any right to or interest in our Intellectual property, but only a limited, revocable right of use in accordance with the terms established in this Agreement. Nothing in this Agreement constitutes a waiver of our Intellectual property rights under any law. To the extent you provide any feedback to Traffmonetizer (hereinafter – ‘Feedback’), Traffmonetizer shall have an exclusive, royalty-free, fully paid-up, worldwide, perpetual, and irrevocable license to incorporate the Feedback into any of Traffmonetizer’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

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. Traffmonetizer 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 Traffmonetizer’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. Traffmonetizer’s total liability under or arising from this Agreement will be limited to the extent permitted by applicable law.

 

Class action waiver

Where permitted under the applicable law, the User and Traffmonetizer 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 Traffmonetizer 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 other legal acts of the European Union shall apply to this Agreement, its form, and interpretation. Unless any alternative dispute resolution procedure is agreed between the parties, the parties agree to submit to the non-exclusive jurisdiction of the Court of Justice of the European Union regarding any dispute that 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’ 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 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

Traffmonetizer’s 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.