You do not have the right to use the Application and may not accept the terms in this Agreement if:
We reserve our right to alter the terms in this Agreement and/or the pricing information and method detailed in Spide Network’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 Spide Network alters the Agreement in a way which will be deemed material to the relations and/or obligations of the parties by Spide Network’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.
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 Spide Network 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 Spide Network to the User pursuant to this Agreement.
Dashboard – the main communication channel between Spide Network 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 Spide Network (and/or Clients) in exchange for Earnings.
Shared traffic – the internet traffic that the User has shared with Spide Network (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 Spide Network.
Clients – business Clients and associates of Spide Network that use the Shared traffic for numerous business purposes – gathering data from the web, market analysis, talent acquisition, brand protection, etc.
Spide Network App
By installing the Application and agreeing to the terms described in this Agreement, the User becomes a part of the Spide Network network of Users who share their internet traffic with Spide Network in exchange for Earnings.
Becoming a part of the Spide Network network confirms that the User shares their internet traffic willingly with Spide Network 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). Spide Network can either grant or decline these requests based on the quantity, location, and/or functionality options of Users that engage in Spide Network’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 Spide Network and Clients. The amount of traffic a User can share depends on the demand for the User’s traffic.
This also means that Spide Network 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 Spide Network network from overutilization. To ensure the quality of internet traffic delivered to Clients, as well as to maximize the possible profit for Users, Spide Network limits the number of devices per single IP address to one. Spide Network may additionally limit the usage of certain IP address types connected to the Spide Network network. These limitations are subject to change and are always disclosed by Spide Network. The User can access and use the Application only with a valid residential IP address. Spide Network 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. Spide Network 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.
Spide Network 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. Spide Network disclaims any and all warranties and representations, expressed or implied. Spide Network does not guarantee and does not promise any specific results from the use or the inability to use the Application. Spide Network does not warrant that the Application or possible monetization results are accurate, reliable, complete, current, or error-free. Spide Network 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. Spide Network 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.
Spide Network’s website, as well as any and all information provided within the website, including information and/or content published on the Spide Network blog, is provided as-is. Spide Network 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 Spide Network website and/or Spide Network blog. All content published on the Spide Network blog is exclusively for informational purposes. The User confirms they understand that Spide Network will not be responsible for any losses, damages, or injuries resulting from displaying or using content and/or materials published on the Spide Network website and/or Spide Network blog.
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 Spide Network’s endorsement, sponsorship, recommendation, or any affiliation.
EARNINGS AND PAYMENT RULES
In addition to the User’s other undertakings established in this Agreement, the User also acknowledges and agrees:
Unless expressly authorized in written form by Spide Network, the User will not directly perform nor authorize any third party to perform the following:
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 Spide Network for the purpose of providing the Application to the User, are the property of Spide Network 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 Spide Network. 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 Spide Network and/or its licensors.
This Agreement does not transfer any right or interest in Spide Network’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 Spide Network’s Intellectual property rights under any law. To the extent the User provides feedback to Spide Network (hereinafter – “Feedback”), Spide Network shall have exclusive, royalty-free, worldwide, fully paid up, perpetual, irrevocable license to incorporate this Feedback into any Spide Network’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.
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. Spide Network 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 Spide Network’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. Spide Network’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 Spide Network 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 Spide Network 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.
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” 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.
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.
Spide Network’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, Spide Network may assign this Agreement to any affiliate at any time with reasonable prior notice and otherwise as part of a sale of the business.