These General Terms and Conditions ("Terms") apply to your use of the website at www.sharehub.live (“Platform”) and the services offered there ("Package" or "Packages") or through an associated mobile application (“App”) (collectively, the “Services”) by aestimium GmbH, Eiffestraße 422, 20537 Hamburg, Germany ("Provider,” “we,” “us,” “our”). By using the Services, you (“Member,” “you,” “your”) agree to these Terms. Packages may have their own applicable Terms in addition to these Terms.
From time to time we may update these Terms by posting the updated version to the Platform and updating the “Last updated” date at the top of the page. We will notify you of changes as required by law. If you continue using the Services and/or do not object to a notified change of the Terms within five (5) business days of our notification, you are deemed to consent to the updated Terms.
1.1. When you register for an account on the Platform, you are asked to enter your full name and e-mail address and choose a password. You may log in using these credentials or through your Facebook account, Google account, or Apple ID. You represent that the information with which you register is correct, complete, and up-to-date, and you must notify us of any changes to your information. You may only maintain one account at a time.
1.2. Within your account, you can update your information and activate or deactivate the Platform’s available Packages.
1.3. You can request to deactivate your account at any time. This will deactivate all Packages you are using and pause any paid subscriptions within the Packages. If you do not delete your account, we will retain your account information for up to twelve (12) months, and you can reactivate your account during this time.
1.4. If there have been no logins or other activity on your account for at least twelve (12) consecutive months, your account is deemed inactive. In addition, if you have a profile for an active Package within the Platform and there have been no logins or other activity on the profile for 12 consecutive months, your Platform account is deemed inactive. We will notify you approximately one month, then again one week, before an account becomes inactive. Once an account becomes inactive, we will assess a fee of $5.00 per month on any balance associated with inactive accounts until the account is reactivated by a login or other activity on the account (“Inactivity Fee”). If you are subject to an Inactivity Fee, we will notify you at least thirty (30) days prior to deducting fees.
If you have used more than one Package on the Platform, when one of your Packages has no logins or other activity for 12 consecutive months, that Package is deemed inactive. If you have earned a balance on your Platform account through the inactive profile, we will assess an Inactivity Fee with regard to this balance only.
If your account remains inactive for the amount of time specified by applicable state law, usually three (3) to five (5) years, it will be considered abandoned, and we will be required to remit any remaining funds to the appropriate state agency as unclaimed property. We may also charge any remaining balance additional fees associated with delivering abandoned funds to the appropriate state agency.
1.5. If you violate applicable law or these Terms, we may delete your account and bar you from future use of the Services.
1.6. You are responsible for keeping your account credentials private, and you agree not to share your login credentials with others. You are solely responsible for all activity that takes place under your account, including unauthorized activity. Please notify us immediately if you become aware of any unauthorized access to your account or use of your credentials.
1.7. We handle any information (including personal information) that you submit to us, via your account or otherwise, in accordance with our Privacy Policy.
2.1. To register for an account, you must be 18 years or older and reside in the country where our Packages are offered.
2.2. You may only register an account for personal use or business purpose, but you may not use the Packages for commercial purposes, including advertising. If you use the package subscription you may only do so to earn money for yourself or your business, and not as part of a broader commercial enterprise.
2.3. You must use the Packages in accordance with these Terms. We reserve the right to deactivate or delete of your account (as described in Section 1.4 above) if you violate these Terms.
2.4. You agree not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by us. The following prohibited conduct is exemplary and not exhaustive. As a condition of use, you agree not to:
3.1. All content on the Services, including but not limited to text, graphics, audio files, videos, photographs, surveys, logos, or other materials, are the intellectual property of, or are authorized for use by, the Provider and its licensors, business partners and affiliates, including all trademarks, service marks, copyrights, patents and trade secrets contained therein. You may not modify, reproduce, create derivative works from, republish, display, upload, post, transmit, or distribute any material on the Services in any way without our prior written consent.
3.2. By displaying, publishing, or otherwise posting any content on or through the Services, you hereby grant us a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third-party permission. This license includes the right to host, index, cache, distribute, and tag any content, as well as the right to sublicense content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones or in video or music software computer programs. Please see below for terms applicable to content submitted through our Publishers section.
3.3. You represent and warrant that you own any content or information submitted, displayed, published, or posted by you on the Services and otherwise have the right to grant the license set forth herein, and the displaying, publishing, or posting of any content or information you submit, and our use thereof, does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights, or any other intellectual property rights or other rights of any person or entity.
THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE SERVICES OR ANY INFORMATION OR SOFTWARE THEREIN. WE DO NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM THE SERVICES WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS.
TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, THE PROVIDER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, NOR SHALL PROVIDER BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND PROVIDER’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SERVICES OR ANY RECORDS OR PROGRAMS. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, THE PROVIDER OR ITS AFFILIATES OR AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGE DUE TO A NEGLIGENT ACT, THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY GOODS OR SERVICES PURCHASED THROUGH THE SERVICES AND/OR THE SUBMISSION OF AND/OR PROVIDER’S USE OR DISTRIBUTION OF CONTENT PROVIDED BY USERS, EVEN IF PROVIDERHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless the Provider, its parent, subsidiaries, affiliates, contractors, and agents, and each of their officers, directors, employees, and agents, from and against any and all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable attorneys’ fees and costs, related to your use of the Services or violation of these Terms or any use of the Platform, Modules, their content, or violations of the Terms by your dependents; or which arises from the use of content or other material you submitted, posted, or otherwise provided to us or the Services. In the event of a claim by a third party, you agree to provide us with all information necessary for us to defend against such a claim.
7.1. These Terms, and any claims, suits, proceedings, and other actions of any kind arising out of, relating to, or concerning these Terms and the discussions contemplated hereby (“Claims”), shall be interpreted and construed under the substantive laws of the State of New York without reference to its conflict of laws principles. For all Claims, each party hereto irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the federal and state courts located in New York, New York, for any Claims (and each party agrees not to commence any Claim relating thereto except in such courts). Each party hereto hereby irrevocably and unconditionally waives any objection to the laying of the venue of any Claim, in the federal and state courts located in New York, New York, and hereby further irrevocably and unconditionally waives and agrees not to plead or claim in any such court that any such Claim brought in any such court has been brought in an inconvenient forum.
7.2. To the extent permitted by applicable law, any Claim must be brought within two (2) years of the date such Claim first accrued. ALL CLAIMS MUST BE BROUGHT IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR SIMILAR, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. YOU AND THE PROVIDER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND TO THE EXTENT PERMITTED BY APPLICABLE LAW.
We may transfer any and all of our assets if we, or any of our businesses, undergo organizational restructuring (e.g., a sale, merger, or acquisition), or in the event of insolvency, bankruptcy, or receivership. Your account and associated information may be among the assets transferred.
9.1. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions; and if possible, such provision shall be deemed replaced by a valid and enforceable provision that reflects the intent of the original provision as closely as possible.
9.2. Our failure to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, or local governmental authorities, or for any other reason beyond the reasonable control of Provider, shall not be deemed a breach of these Terms.
9.3. If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches.
9.4. These Terms constitute the entire agreement between us and you regarding the Services and your use of the Services.
9.5.To the extent of any conflict between this PartA of the Terms and any subsequent sections, the provisions of the subsequent sections shall take precedence over the provisions of PartA.
This Part B applies to your use of the Packages in addition to Part A above.
1.1. Package subscription allows you to participate in online surveys and click on ads, test products, apps, websites, games, and other products or services (each a “Task,” and collectively, “Tasks”) of third parties (our “Clients”). We provide you with Tasks through an active package, and our Clients receive the results of Tasks. You earn money in the amount stated in the Task description (“Payment”) for successfully completing a Task.
1.2.Our Clients, not the Provider, determine the contents, requirements, and other details of the Tasks. Thus, we make no representations about and are not liable for claims arising from any content or other material in, or accessible through, the Tasks.
1.3.We and our Clients may ask you for information about yourself, including information (such as a scan of your driver’s license or other means of identification) to verify your identity or information about your preferences.
1.4. We or one of our Clients may offer you certain Tasks based on your completion of previous Tasks for that Client or information you have provided to us or that Client.
1.5. Depending on the notification preferences you have communicated to us and/or the settings on your device, you may be notified of Tasks via email and/or push notifications. You must complete the Tasks through the app "ShareHub" (iOS) or "ShareHub" (Android). We have no obligation, contractual or otherwise, to notify you of Tasks and you have no right, contractual or otherwise, to participate in or be notified of Tasks.
1.6. The description of the Task, including the deadline and the payment amount, is provided along with the Task. Tasks may include requirements or specifications for how they must be completed (“Task Requirements”). You must comply with the Task Requirements to successfully complete the Task and receive Payment.
1.7. After you complete a Task and we confirm that you have met any Task Requirements, Payment will be credited to your Platform account. Payment is made in accordance with Section 3 below. In some cases, we may require you to provide proof that you have completed the Task, such as screenshots before you receive Payment. See Section 3 below, “Payment,” for more information.
2.1.You may only have one active Package at a time. Subscribing to more than one package at the same time is a violation of these Terms.
2.2. In completing Tasks, you must be truthful and only make statements about products or services that you have actually used. You should try to be objective and fair and should avoid exaggerated statements.
2.3. You may only complete Tasks in your capacity as an individual consumer and not as the agent or representative of any group or entity.
2.4. In addition to meeting any Task Requirements, your submission must not contain any content or language that violates the Terms or that is unlawful, fraudulent, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, violative of another person’s intellectual property rights, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by us in our sole discretion.
2.5. You must submit a Task by the deadline stated in the Task description.
2.6. Your use of package subscription does not constitute an employment relationship between you and us or between you and any of our Clients.
3.1. You will be paid for completing Tasks in conformity with any Task Requirements. You will only be paid once per Task. (more details on payment policy page)
3.2. You have no right to payment, and we reserve the right not to pay you:
3.3.Payment will be credited to your Platform account in U.S. dollars. You can cash out amounts of $8 or more, although we may, at our sole discretion, set a lower limit depending on the circumstances.
3.4. If you delete your account, you may cash out the entire amount in your account even if it is below $8, by emailing your request to support@testerup.com. We may refuse your request if your account does not exist or to comply with applicable law or our policies, including these Terms.
3.5. Payment is made using the information you have provided in your Platform account for receiving payments. You are solely responsible for ensuring that this information is accurate and up to date. We reserve the right to but have no responsibility to, independently verify the accuracy of this information.
3.6. You are solely responsible for paying any applicable taxes or other fees on payments.
3.7. You may not assign your claim to a Payment to someone else without our prior consent. Any attempted assignment without our consent will be deemed void and of no effect.
4.1.By submitting content to complete a Task, including proof of completion, you grant us an unlimited, irrevocable, non-exclusive, sub-licensable, transferable, worldwide, fully-paid, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third-party permission. This license includes the right to host, index, cache, distribute, and tag any such content, as well as the right to sublicense such content to third parties for use on other media or platforms known or hereinafter developed, such as for use on mobile phones or in video or music software computer programs.
4.2.You represent and warrant that you own the content submitted to complete a Task and otherwise have the right to grant the license set forth herein; and that the displaying, publishing, or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights, or any other intellectual property rights or other rights of any third party.
4.3 You grant us the right to retain the content of your submissions for as long as permitted by applicable law, including after the deletion or termination of your account or the deletion of the content from the Services.
5.1.You may deactivate adverts or packages at any time and for any reason. If you do so, during which time you can reactivate another package.
5.2. Your package subscription is deemed inactive if there have been no logins or other activity on the profile for twelve (12) consecutive months. We will notify you approximately one month before the profile becomes inactive. Once a profile becomes inactive, your package subscription balance is subject to an inactivity Fee (see Part A, Section 1.2 above).
5.3. We may delete your package subscription if you violate applicable law or the Terms in your use of Packages. If we believe you have violated applicable law or these Terms, we may, in our sole discretion, decide to temporarily deactivate your packages subscription and/or advert earning, and/or your Platform account, while we investigate. If we determine that you did not engage in such activity, we will reactivate your package subscription. If we determine that you did engage or are engaging in such activity, we may deactivate your package subscription and bar you from future use of Packages or the Services.