1. Introduction

Welcome to Bearshare.app (the "Website"), operated by Bearshare.app ("we," "us," or "our"). By accessing the Website, you ("you" or "your") agree to comply with these Terms and Conditions ("Terms") and our Privacy Statement. These Terms govern your use of the Website and outline your rights and responsibilities.
We encourage you to read both these Terms and our Privacy Statement carefully. Your continued use of the Website signifies your acceptance of the current Terms and Privacy Statement. We reserve the right to update or amend the Terms and information on the Website at any time without notice. If you do not accept these Terms or the Privacy Statement, please discontinue your use of the Website.

For any questions regarding these Terms or the Privacy Statement, please contact us.

2. Conduct of Use

You are authorized to access the content of this Website for personal, non-commercial use, provided that such use does not infringe upon copyrights or other proprietary rights. You agree not to utilize the Website for any unlawful purposes or activities prohibited by these Terms. Additionally, you agree to refrain from behavior that is unlawful, abusive, threatening, harassing, obscene, defamatory, hateful, or otherwise violates these Terms while using the Website.

3. Governing Law and Jurisdiction

This Agreement, along with any dispute or claim (including non-contractual disputes or claims) arising from or related to its subject matter or formation, shall be governed by and construed in accordance with the laws of England and Wales. Each party irrevocably consents to and acknowledges the exclusive jurisdiction and competence of the courts in London, England, for the resolution of any dispute or claim arising from or related to this Agreement. This consent is given without prejudice to the rights of any party to enforce any judgment obtained in any other jurisdiction.

4. Data Use, Sharing, and Consent

By using our app, you agree to the following:

Data Transfer: Bearshare.app will download and upload data via your internet connection. This is essential for the bandwidth-sharing functionality of our service. We only store necessary information for your payouts and no personal data.
Content Restrictions: Duplicating or copying any part of our website in violation of our Terms of Service is prohibited.
Changes to Terms
Any new features added to the current site will be governed by these Terms. You may access the most current version of the Terms on this page at any time. We reserve the right to update, change, or revise any portion of these Terms by posting updates and/or changes on our Website. It is your responsibility to periodically review this page for updates. Your continued use of the Website following the posting of any changes constitutes your acceptance of those changes.

5. Service Terms

Bearshare.app grants you a non-exclusive, non-transferable, limited right to access and use the Service, subject to these Terms and for the duration of the agreement. The use of the Service is at your own expense and risk. You are responsible for meeting the necessary technical and functional requirements and utilizing the electronic communication facilities needed to access and use the Service. Bearshare.app reserves the right to review, edit, limit, refuse, or remove content or restrict your access to the Service if the use violates these Terms. We may disclose your Personal Data or other data related to the use of the Service to third parties when necessary to comply with legal processes or to defend against legal claims.

6. Indemnification

You agree to indemnify, defend, and hold harmless Bearshare.app, including its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claims or demands, including reasonable attorney's fees, made by any third party arising from or related to your breach of these Terms, the documents incorporated herein by reference, or your violation of any law or third-party rights.

7. Limits of Use

You are permitted to use our Website solely for lawful purposes and in accordance with these Terms. The following actions are strictly prohibited:

Using the Website in violation of local, national, or international laws or regulations;

• Engaging in unlawful or fraudulent activities through the Website;


• Sending, receiving, uploading, downloading, or reusing material that does not comply with our content standards;


• Transmitting malicious programs or code intended to damage or disrupt computer software or hardware;


• Reproducing, duplicating, copying, or reselling any part of the Website in contravention of these Terms;


• Using ad-blocking software while accessing the Website;


• Charging others for the use of the Website without a specific written agreement from Bearshare.app;

Reusing text or graphics from the Website without proper authorization.
Class Action Waiver
Where permitted by applicable law, you and Bearshare.app agree that each party may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both you and Bearshare.app consent, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

8. Severability

If any provision of these Terms is found to be unlawful, null, or unenforceable, such provision shall still be enforceable to the fullest extent permitted by applicable law. The unenforceable portion will be deemed severed from these Terms, and this determination shall not affect the validity and enforceability of the remaining provisions.

9. Liability

The content provided on the Website is offered without any guarantees, conditions, or warranties regarding its accuracy. Bearshare.app does not represent that the information contained on or available through the Website is accurate or complete and, therefore, it should not be relied upon. Any arrangements made between you and any other person using or named on the Website are entirely at your own risk and responsibility.

To the extent permitted by law, we and third parties connected to us expressly exclude:

• All conditions, warranties, and other terms that might otherwise be implied by statute, common law, or equity;


• Any liability for loss or damage incurred by any user in connection with the use, inability to use, or results of the use of the Website, any websites linked to it, and any material posted on it;


• Any liability for any bugs or faults in our systems or tools;


• Any liability for any direct, special, indirect, or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it, and any materials posted on it, including, without limitation, any liability for:


• Loss of income or revenue;


• Loss of business;


• Loss of profits or contracts;


• Loss of anticipated savings;


• Loss of data;


• Loss of goodwill;


• Wasted management or office time;


• Any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

Nothing in this section affects our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

10. Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Use, along with any policies or operating rules posted by us on this Website or in relation to the Service, constitute the entire agreement and understanding between you and us, governing your use of the Service. They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

11. Network Traffic and ISP Relationships

By using our service, you acknowledge and agree to the following:

User Responsibilities: You understand that sharing your network traffic through our platform may violate the terms of service or acceptable use policies of your Internet Service Provider (ISP). It is your responsibility to review your ISP's terms of service, acceptable use policies, or any other relevant agreements to determine whether using our service complies with such terms.
No Warranty or Representation: We make no representations, warranties, or guarantees that using our service complies with your ISP's policies or any other third-party agreements. Users are solely responsible for ensuring that their use of our service adheres to all applicable agreements and policies.
Indemnification: You agree to indemnify, defend, and hold harmless our company, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these terms or any activity related to your use of our service (including negligent or wrongful conduct) by you or any other person accessing the service using your account.
Limitation of Liability: In no event shall our company, its officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), arising out of or in connection with your use of our service in a manner that violates your ISP's terms of service or acceptable use policies.
Acceptance of Risk: By using our service, you accept all risks and potential consequences associated with violating your ISP's terms of service or any other third-party agreements. We encourage all users to exercise caution and diligence when deciding to use our service in conjunction with their existing ISP relationships.
Disputes and Legal Action: You agree that any disputes arising out of or related to your use of our service in violation of your ISP's terms of service or acceptable use policies will be governed by the laws of England and Wales, without regard to its conflict of law principles. You further agree to submit to the exclusive jurisdiction of the courts of England and Wales for the resolution of any such disputes.