Introduction and acceptance

These Developer Terms of Service (these "Terms") are a binding agreement between Cash Raven, LLC, a Nebraska limited liability company ("Cash Raven," "we," "us," or "our"), and the person or entity that registers for a Developer Account or accesses, downloads, installs, integrates or uses the SDK ("Developer," "You" or "Your"). Cash Raven and Developer are each a "Party" and together the "Parties."

BY CREATING A DEVELOPER ACCOUNT, CLICKING "I AGREE," GENERATING A DEVELOPER KEY, OR DOWNLOADING, INSTALLING, ACCESSING OR OTHERWISE USING THE SDK, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT CREATE AN ACCOUNT AND DO NOT INSTALL, ACCESS OR USE THE SDK.

If You accept these Terms on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind that entity, and "Developer" refers to that entity.

These Terms incorporate by reference the Cash Raven Developer Acceptable Use Policy (the "Developer AUP"), available at https://cashraven.io/legal/developer-aup, and the Cash Raven Developer Privacy Notice, available at https://cashraven.io/legal/developer-privacy. Together with any documentation Cash Raven makes available for the SDK (the "Documentation"), these constitute the "Agreement."

These Terms govern evaluation and integration use only. They do not create any obligation for Cash Raven to pay You. Any payment obligation arises only under a separately executed written agreement between the Parties (a "Commercial Agreement"). See Section 3.

1. Definitions

"SDK" means the Cash Raven software development kit in object code form, together with the APIs, sample code, libraries, Documentation and any updates, supplements or support services Cash Raven makes available for it.
"Dashboard" means the Cash Raven developer web console at https://developers.cashraven.io/, including the account, application registration, key management, reporting and support functions available through it.
"Developer Account" means Your registered account on the Dashboard.
"Developer Key" means any application identifier, API key, token or credential Cash Raven issues to You.
"Developer Application" means any application, program or software product You develop, publish or distribute that incorporates or calls the SDK.
"End User" means an individual who installs or uses a Developer Application.
"Device" means a distinct physical device on which a Developer Application is installed and through which bandwidth or an IP address is made available to the Cash Raven Network.
"Cash Raven Network" means the network through which Cash Raven and its customers route internet traffic using consented End User bandwidth and IP addresses.
"Consent Screen" means the disclosure and affirmative opt-in interface required by Section 5 and the Developer AUP.
"SDK End User Terms" means the Cash Raven SDK End User Terms, available at https://cashraven.io/legal/sdk-terms, the SDK Acceptable Use Policy, available at https://cashraven.io/legal/sdk-aup, and the SDK Privacy Notice, available at https://cashraven.io/legal/sdk-privacy, as updated from time to time.
"Trial Limit" has the meaning given in Section 3.1.

2. Developer Account; eligibility

2.1 Eligibility. You must be at least 18 years old and capable of forming a binding contract. The SDK and Dashboard are made available for business purposes only and not for personal, family or household use.

2.2 Registration information. You agree to provide accurate, current and complete registration information, including Your full legal name or legal entity name, as applicable, business address, country, and valid contact email, and to keep it updated. Cash Raven may verify Your identity and the ownership of any Developer Application, and may require documentation before enabling or continuing access.

2.3 Account security. You are responsible for all activity under Your Developer Account and Developer Keys. Developer Keys are confidential, are issued to You only, and may not be shared, sublicensed, resold or transferred. Notify Cash Raven immediately at partnerships@cashraven.io of any unauthorized use.

2.4 Sanctions and restricted parties. You represent that You, Your affiliates, and Your owners and principals are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. sanctions, and are not identified on any U.S., UK or EU restricted-party list. You may not create a Developer Account or use the SDK if this representation is untrue at any time.

2.5 One account. You may not create multiple Developer Accounts to circumvent the Trial Limit, a suspension, a termination, or any other restriction in this Agreement.

3. Evaluation license scope; no fees

3.1 Trial Limit. Access under these Terms is limited to evaluation and integration testing and is capped at no more than 100 unique Devices in aggregate across all of Your Developer Applications and all Developer Accounts under common control (the “Trial Limit”). Each Device that connects to or makes bandwidth or an IP address available to the Cash Raven Network will count toward the Trial Limit, whether or not it remains active or connected. Reinstallation, identifier changes, or use of multiple Developer Applications or Developer Accounts will not reset or increase the Trial Limit. Cash Raven may set, display, raise, lower, or enforce the Trial Limit in its sole discretion, including by rate-limiting, capping, throttling, or disabling Developer Keys at or above the Trial Limit.

3.2 Except where Cash Raven expressly agrees otherwise in a separate written instrument signed by an authorized representative of Cash Raven, no fees, revenue share, or other compensation of any kind is or becomes payable by Cash Raven to You under these Terms, for any traffic, bandwidth, IP address, Device or End User, whether within or in excess of the Trial Limit. Any figures, estimates, projections, rate cards or earnings displayed in the Dashboard, in Documentation, or on any Cash Raven website are illustrative only, are not an offer, and do not create a payment obligation.

3.3 Commercial Agreement required. Use beyond the Trial Limit, and any right to be paid, requires a Commercial Agreement signed by an authorized representative of each Party. Cash Raven has no obligation to enter into a Commercial Agreement, to offer any particular rate, or to make Your integration available at production scale. Until a Commercial Agreement is executed, all use is at Your own cost and risk.

3.4 No automatic retroactive compensation. Traffic delivered before the effective date of a Commercial Agreement or other qualifying written instrument earns no compensation unless Cash Raven expressly agrees otherwise in a separate writing signed by an authorized representative of Cash Raven.

3.5 Your own costs. You are solely responsible for Your own costs, including app store fees, hosting, bandwidth, taxes, and any amounts You promise to Your End Users.

4. License grant and restrictions

4.1 Grant. Subject to this Agreement and the Trial Limit, Cash Raven grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free license during the Term to: (a) install and use the SDK in object code form only to develop Developer Applications; (b) make a limited number of copies of the Documentation for use by Your employees and contractors for development purposes only; and (c) distribute the SDK in object code form only as an integrated component of a Developer Application.

4.2 Restrictions. You will not, and will not permit any third party to:

modify, disassemble, decompile, or reverse engineer any part of the SDK, or attempt to derive its source code, file formats or protocols;
copy or reproduce the SDK in whole or in part, except for backup copies with all notices intact;
create derivative works of the SDK, or incorporate it into other software, except as expressly permitted here;
remove, modify or obscure any proprietary notices or labeling;
use the SDK to provide service bureau, time sharing, hosting, or similar services to third parties, or to resell, sublicense or broker access to the Cash Raven Network;
distribute the SDK other than as an integrated component of a Developer Application;
publish the SDK for others to copy, or publish benchmark or performance testing results without our prior written consent;
use the SDK to develop another SDK, a competing bandwidth-sharing or proxy network, or to port the SDK to another platform;
combine, distribute or convey the SDK in a way that subjects it to an open-source or similar license requiring source disclosure, derivative-work rights, or royalty-free redistribution;
use the SDK in any program or service that (i) disables or degrades Cash Raven products; (ii) discloses header file information; (iii) contains viruses, worms, Trojan horses, logic bombs, spyware, stalkerware, or other harmful or surreptitious code; (iv) violates any applicable law or regulation, including export control, sanctions, unfair competition, false advertising, consumer protection or data privacy law; or (v) interferes with the operation of other Cash Raven or third-party software; or
take any action prohibited by the Developer AUP; or use another bandwidth-sharing or proxy SDK on the same Device without Cash Raven’s prior written approval.

4.3 Reservation. All rights not expressly granted are reserved by Cash Raven. This Agreement grants no rights in any Cash Raven patents, copyrights, trade secrets or trademarks except the limited license in Section 4.1.

This Section is material. A breach of it is a material breach of this Agreement.

5.1 Affirmative opt-in required. You represent, warrant and covenant that before any bandwidth or IP address is made available to the Cash Raven Network from any Device, the End User of that Device has been presented with a Consent Screen and has given a clear, freely given, specific, informed and unambiguous affirmative opt-in to bandwidth and IP address sharing. Silence, inactivity, a pre-ticked box, continued use, consent bundled with other permissions, and consent buried in a terms document do not qualify.

5.2 Consent Screen contents. The Consent Screen must, at minimum, clearly and conspicuously: (a) state that the End User is agreeing to share their device's internet bandwidth and IP address; (b) state that third parties will route internet traffic through the device and that websites will see the device's IP address; (c) identify the benefit the End User receives in exchange (for example in-app currency, an ad-free experience, premium features, or other compensation You determine); (d) link to the current SDK End User Terms; and (e) present a clearly available option to decline. Detailed requirements are in the Developer AUP.

5.3 Opt-out. A visible, readily accessible opt-out control must be available inside the Developer Application at all times. If an End User opts out, You must immediately invoke the applicable SDK stop or opt-out function, and all bandwidth and IP address sharing through that Device must cease immediately. Sharing may resume only after a new affirmative opt-in.

5.4 Age. You will not enable bandwidth or IP address sharing on any Device where the End User is under 18 years of age, and will not integrate the SDK into any application that is directed to children, is a "mixed audience" application, or that You know or reasonably should know is used primarily by minors.

5.5 Consent records. You will create and retain a record of each End User's opt-in and any subsequent opt-out, including a pseudonymous device or user identifier, timestamp, application and version, and the version of the SDK End User Terms displayed. You will retain these records for the duration of sharing plus three (3) years and will provide them to Cash Raven within five (5) business days of request.

5.6 Your own terms. You will publish and maintain an end user license agreement and privacy policy for each Developer Application that (a) accurately describes the bandwidth and IP address sharing, (b) prohibits End Users from reverse engineering the SDK, Cash Raven file formats or protocols, and (c) requires End Users to indemnify and hold Cash Raven harmless in connection with the Developer Application. Nothing in Your terms may contradict, dilute or purport to override the SDK End User Terms.

5.7 Platform rules. You are solely responsible for compliance with the rules of every distribution channel You use, including the Apple App Store, Google Play, Microsoft Store, Samsung Galaxy Store and any direct-download distribution, including their disclosure, permissions, data safety and background activity requirements.

6. Compliance verification

6.1 Operational testing. Cash Raven may at any time, with or without notice, download, install, access and use any Developer Application, and review SDK telemetry, consent signals, connection records, and other network information lawfully available to Cash Raven and reasonably necessary to verify compliance with this Agreement, the Developer AUP, consent requirements and SDK implementation requirements. This is not an audit under Section 6.2 and is not subject to any notice period or frequency limit.

6.2 Records audit. On at least ten (10) business days' notice, You will provide Cash Raven or an independent auditor with remote electronic access to business records and other information relevant to Your obligations under this Agreement, including consent records. Audits will occur no more than once in any twelve (12) month period unless Cash Raven has a good-faith basis to believe You are in breach, and do not entitle Cash Raven to access Your physical locations.

6.3 Cooperation. You will respond to Cash Raven compliance, abuse and law enforcement inquiries within three (3) business days, and will promptly notify Cash Raven of (a) any regulatory inquiry, app store enforcement action, or complaint relating to bandwidth sharing in a Developer Application, and (b) any actual or suspected security incident affecting consent records or Developer Keys.

7. SDK updates and changes

7.1 Cash Raven is not obligated to provide upgrades, future versions or support, and may modify or discontinue the SDK at any time in its sole discretion. If Cash Raven discontinues the SDK generally, it will use reasonable efforts to give at least seven (7) calendar days’ notice by email to an address associated with Your Developer Account.

7.2 Cash Raven may release updates and will notify You in the Dashboard. You will implement the most recent SDK version in all Developer Applications within thirty (30) calendar days of notice unless Cash Raven approves a different period in writing. Cash Raven may disable Developer Keys running an out-of-date version.

8. Ownership; feedback; trademarks

8.1 Ownership. The SDK, the Dashboard, the Cash Raven Network and all intellectual property rights in them are and remain the exclusive property of Cash Raven. The structure, organization and code of the SDK are valuable trade secrets and confidential information of Cash Raven. You will preserve all copyright, trademark and proprietary notices on any copies.

8.2 Feedback. If You provide Cash Raven with suggestions, error reports or other feedback relating to the SDK, Cash Raven has a perpetual, irrevocable, worldwide, royalty-free right to use it for any business purpose without obligation to You. Cash Raven will not use feedback in a form that personally identifies You.

8.3 Trademarks. This Agreement grants no right to use Cash Raven trade names, trademarks, service marks, logos or domain names. You will not use, adopt or seek to register any mark confusingly similar to a Cash Raven mark, will not suggest that a Developer Application is certified, endorsed or guaranteed by Cash Raven, and will not include "Cash Raven" in the name of any Developer Application.

8.4 Publicity. Neither Party will issue a press release or public statement about the relationship without the other Party's prior written consent, except that Cash Raven may identify You as a developer using the SDK in its ordinary course communications.

9. Data protection

9.1 What the SDK collects. The SDK collects only the data necessary to operate the Cash Raven Network, verify consent, measure Device activity, and prevent fraud and abuse. This includes IP address, approximate location derived from IP address, network and device characteristics, connection timing and volume, SDK version, and a pseudonymous device identifier. IP addresses and similar identifiers are personal data under the GDPR, the UK GDPR and several U.S. state privacy laws. The current description is in the SDK Privacy Notice.

9.2 Roles. With respect to data processed through the Cash Raven Network, Cash Raven and Developer each act as an independent controller (or, under U.S. state privacy laws, as a business), each determining its own purposes and means. Neither Party is a processor or service provider for the other, except where a separate written data processing agreement provides otherwise.

9.3 Your obligations. You will: (a) maintain a valid legal basis, including consent where required, for every disclosure of End User data to Cash Raven; (b) provide all legally required notices to End Users, including the disclosures in Section 5; (c) honor End User rights requests you receive and forward to Cash Raven any request that concerns Cash Raven's processing; (d) not send Cash Raven any special category data, precise geolocation, contact lists, message or browsing content, biometric data, or data about a person under 18; and (e) comply with all applicable data protection and consumer protection laws in every jurisdiction where a Developer Application is distributed or used.

9.4 Transfers. Cash Raven processes data in the United States. Where required, the Parties will execute the applicable standard contractual clauses or other lawful transfer mechanism. A data processing addendum is available on request at support@cashraven.io.

9.5 Your account data. Cash Raven's handling of information about You and Your personnel is described in the Developer Privacy Notice.

10. Confidentiality

10.1 "Confidential Information" means non-public information disclosed by a Party that is identified as confidential or that a reasonable person would understand to be confidential, including the SDK, Developer Keys, Documentation, unreleased features, security information, network architecture, Dashboard analytics, pricing discussions and the terms of any Commercial Agreement.

10.2 The receiving Party will use Confidential Information only to perform under this Agreement, will protect it with at least reasonable care, and will not disclose it except to personnel and advisors with a need to know who are bound by confidentiality obligations at least as protective. These obligations continue for three (3) years after termination, and indefinitely for trade secrets.

10.3 Confidential Information does not include information that is or becomes public without breach, was already known without restriction, is independently developed, or is lawfully received from a third party. A Party may disclose Confidential Information as required by law or legal process, with prompt notice where lawfully permitted.

11. Term, suspension and termination

11.1 Term. This Agreement begins when You first accept it and continues until terminated (the "Term").

11.2 Termination by You. You may terminate at any time by ceasing all use of the SDK, removing it from all Developer Applications, and closing Your Developer Account.

11.3 Suspension and termination by Cash Raven. Cash Raven may suspend, rate-limit or disable Your Developer Account, Developer Keys or SDK access, or terminate this Agreement, at any time, with or without notice, for any reason or no reason, including any actual or suspected breach of this Agreement or the Developer AUP. Suspension is not termination.

11.4 Effect of termination. On termination You will immediately cease all use of the SDK, cease enabling bandwidth and IP address sharing, destroy or return all copies of the SDK and Documentation, and within thirty (30) days remove the SDK from all versions of Developer Applications available for download or update. Cash Raven may disable Developer Keys immediately.

11.5 Survival. Sections 1, 3.2, 4.2, 4.3, 5.5, 6.2, 8, 9, 10, 11.4, 11.5 and 12 through 17, and any provision that by its nature should survive termination, will survive termination.

12. Changes to these Terms

Cash Raven may change this Agreement, including the Developer AUP and the SDK End User Terms, by posting the updated version at https://cashraven.io/legal/developer-terms or by emailing an address associated with Your Developer Account. Changes take effect seven (7) days after posting or on the date stated in the notice. If You do not agree, You must stop using the SDK and close Your Developer Account before the change takes effect. Continued use after that date is acceptance. If a Commercial Agreement is in effect, changes to these Terms do not amend that agreement's commercial terms.

13. DISCLAIMER OF WARRANTIES

THE SDK, THE DASHBOARD AND THE CASH RAVEN NETWORK ARE PROVIDED "AS IS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THEM. CASH RAVEN DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY OF UNINTERRUPTED, SECURE OR ERROR-FREE OPERATION. CASH RAVEN MAKES NO WARRANTY OR GUARANTEE THAT ANY DEVELOPER APPLICATION WILL BE ACCEPTED BY, OR WILL REMAIN AVAILABLE ON, ANY APP MARKETPLACE, AND WILL NOT BE LIABLE IF A DEVELOPER APPLICATION IS REJECTED, REMOVED, SUSPENDED OR BANNED. CASH RAVEN DOES NOT WARRANT ANY LEVEL OF TRAFFIC, DEVICE UTILIZATION, EARNINGS OR DEMAND. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAW THAT THIS AGREEMENT CANNOT CHANGE.

14. Allocation of risk; LIMITATION OF LIABILITY

14.1 The Parties agree that the warranty disclaimer and the limitation of liability fairly allocate risk, are an essential element of the basis of the bargain, that Cash Raven would not make the SDK available without them, and that they apply notwithstanding any failure of essential purpose of any limited remedy.

14.2 CASH RAVEN WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY (A) INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES; (B) LOSS OF PROFITS, REVENUE, BUSINESS OR ANTICIPATED SAVINGS; (C) LOSS OF OR DAMAGE TO DATA; (D) BODILY INJURY OR EMOTIONAL DISTRESS; (E) PROPERTY DAMAGE; OR (F) REPUTATIONAL HARM, WHETHER BASED IN CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, STATUTORY DUTY, INDEMNITY, CONTRIBUTION OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY, CASH RAVEN'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED AND 00/100 U.S. DOLLARS ($100.00). YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SDK, THE DASHBOARD OR ANY RELATED SERVICE IS TO STOP USING THEM AND CLOSE YOUR DEVELOPER ACCOUNT.

14.4 SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

15. Indemnity

To the maximum extent permitted by law, You will defend, indemnify and hold harmless Cash Raven, its affiliates, and their respective members, directors, officers, employees, agents and representatives from and against all claims, actions, suits, proceedings, investigations, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable attorneys' fees) arising out of or alleged to arise from: (a) Your use of the SDK, the Dashboard or the Cash Raven Network; (b) any Developer Application, including any claim that it infringes intellectual property rights, defames any person, or violates rights of publicity or privacy; (c) any failure to obtain valid End User consent or to provide required disclosures; (d) any claim by an End User, an app marketplace, or a regulator relating to bandwidth or IP address sharing in a Developer Application; (e) Your violation of any law or regulation, including data protection, consumer protection, sanctions and export control laws; or (f) Your breach of this Agreement or the Developer AUP. Cash Raven may participate in the defense with counsel of its choosing at its own expense, and You will not settle any matter in a way that imposes obligations on Cash Raven or admits fault on its behalf without its prior written consent.

16. Export control and sanctions

THE SDK IS SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. You will comply with all applicable U.S. and international export control and economic sanctions laws, including restrictions on destinations, end users and end uses, and will not export, re-export or transfer the SDK, directly or indirectly, in violation of them. You will defend, indemnify and hold Cash Raven harmless from any losses arising out of Your breach of this Section.

17. Governing law; venue; limitation on claims

This Agreement is governed by the laws of the State of Nebraska, excluding its conflict of laws principles and the U.N. Convention on Contracts for the International Sale of Goods. Any action arising under this Agreement will be brought exclusively in the state or federal courts located in Lincoln, Lancaster County, Nebraska, and each Party irrevocably consents to personal jurisdiction and venue there. THE PARTIES WAIVE TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT. Any claim arising out of or relating to this Agreement must be brought within one (1) year after it accrues or it is permanently barred. Claims must be brought individually and not as a class, collective or representative action.

18. Relationship to other agreements

18.1 If the Parties execute a Commercial Agreement, that agreement governs its subject matter and, in the event of a conflict, controls over these Terms. These Terms continue to govern all matters the Commercial Agreement does not address.

18.2 Except as stated in Section 18.1, this Agreement is the entire agreement between the Parties regarding the SDK and the Dashboard and supersedes all prior or contemporaneous representations, discussions, proposals and agreements, written or oral, on that subject. Any purchase order or other document You issue that adds to or conflicts with this Agreement has no effect.

19. General

19.1 Assignment. You may not assign or transfer this Agreement, in whole or in part, by operation of law, merger, change of control or otherwise, without Cash Raven's prior written consent. Any attempted transfer in violation of this Section is void. Cash Raven may assign this Agreement freely.

19.2 Independent contractors. The Parties are independent contractors. Nothing creates a partnership, joint venture, agency or employment relationship, and neither Party may bind the other.

19.3 Notices. Cash Raven may give notice by email to an address associated with Your Developer Account, by posting in the Dashboard, or by posting at https://cashraven.io/legal/developer-terms. You will give notice to Cash Raven at partnerships@cashraven.io or Cash Raven, LLC, 233 South 13th Street, Suite 1100, Lincoln, NE 68508.

19.4 Equitable relief. You acknowledge that money damages may be an inadequate remedy for breach of Sections 4, 5, 8 or 10, and that Cash Raven may seek injunctive relief without posting bond and without waiving any other remedy.

19.5 Waiver and severability. No failure or delay in exercising a right is a waiver of it, and a waiver in one instance is not a continuing waiver. If any provision is held invalid or unenforceable, it will be limited or severed to the minimum extent necessary and the remainder will continue in full force.

19.6 Force majeure. Neither Party is liable for a delay or failure to perform caused by events beyond its reasonable control, excluding payment obligations.

19.7 No third-party beneficiaries. This Agreement creates no rights in any third party.

19.8 Headings. Headings are for convenience only and do not affect interpretation.

Cash Raven, LLC · 233 South 13th Street, Suite 1100, Lincoln, NE 68508 · partnerships@cashraven.io

Cash Raven Developer Terms of Service